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HomeMy WebLinkAboutAmendment No. 1 to OEA - Kennedy Park Improvements Project No. 123-008 – DLZ Indiana, LLC ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS August 13, 2024 Mr. Mathieu D. Doyle, PE DLZ Indiana, LLC 2211 E. Jefferson Blvd. South Bend, In 46615 mdoyle@dlz.com RE: Amendment No. 1 to Owner-Engineer Agreement Dear Mr. Doyle: At its August 13, 2024 meeting, the Board of Public Works approved the above referenced amendment to finish design and bidding services for Kennedy Park Improvements, Project No. 123-008 in the amount of $921,160 with a new adjusted total of $1,357,660. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Page 1 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT K, consisting of 7 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 13, 2022. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. __1__ 1. Background Data: a. Effective Date of Owner-Engineer Agreement: December 13, 2022 b. Owner: Board of Public Works, City of South Bend, Indiana c. Engineer: DLZ Indiana, LLC d. Project: Kennedy Park Improvements 2. Description of Modifications: A. The Scope of services currently authorized to be performed by the Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: 1) Project Management a) The Engineer shall manage the activities described in herein (Engineer’s Services) among the project team members. The Engineer’s Project Manager (PM) will be in charge of overall project management in addition to serving as the Owner’s direct link to the design team for issues concerning administration and technical execution. The PM will be responsible for coordinating the activities of Subconsultants and acting as liaison between professional and any outside agencies and/or groups. The PM will also be responsible for maintaining schedule and budget. b) The Engineer shall coordinate and attend meetings with the Owner as needed to facilitate the management of the project design elements. Meetings will be held to discuss technical issues requiring action by the Owner. c) The Engineer shall implement quality management and control procedures, to satisfy the project requirements. The Engineer shall coordinate these procedures with the subconsultants at each plan submittal stage for continuity of design standards and plans throughout the project. d) The Engineer shall input and update Owner’s project management software system, Projectmates, with information requests, tracking milestones, document sharing, and meeting minutes. 2) Minor Subdivision Plat a) Engineer will develop a plan of the proposed lots for approval by the Owner. After approval, Engineer will produce a Secondary Plat of Subdivision in accordance with the requirements set forth by 865 IAC 1-12. Page 2 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. b) Engineer will set a 5/8 inch rebar, 2 feet long, with DLZ identification cap at all lot corners in accordance with 865 IAC 1-12. Lot corners will be set prior to the conveyance of lots or within 12 months after the recording date of the subdivision plat, whichever comes first. After the completion of the monumentation of a phase, Engineer will file an affidavit with the County Recorder certifying that the monumentation of the subdivision has been completed. 3) Geotechnical Engineering Exploration a) The test locations will be marked/staked. b) Indiana 811 – the state on call center will be notified to mark all existing utilities within the public areas. c) The Geotechnical Engineer will explore the subsurface soil and groundwater conditions at the proposed site by drilling a total of fourteen (14) soil borings. Ten (10) will be drilled to a depth of 10 ft below the existing grade and four (4) will be drilled to a depth of 30 ft below the existing grade for a total drilling of up to 220 linear feet. d) Split-spoon samples will be obtained at two and one-half (2.5) feet to five (5) feet intervals for laboratory analysis. Standard Penetration Tests (SPT) values will be recorded for each split spoon sample. Groundwater observations will be made during and immediately after completion of the drilling. e) The boreholes will be backfilled with auger cuttings mixed with bentonite chips after the drill operations. Excess auger cuttings (if any) will be spread at the site away from pedestrian traffic. f) The exploration will include laboratory testing on representative soil samples to determine its classification and understand strength, compressibility and other engineering characteristics. g) The results of the field exploration and laboratory tests will be utilized in the engineering analyses in formulation of recommendations and will be presented in a written report signed by a registered professional engineer. 4) Subsurface Utility Locates (Allowance) a) In critical areas, Engineer may employ a subsurface utility locator to provide ground markings of utility locations. The marks will be surveyed and added to the base map. 5) 60% Design Phase: Prepare 60% Design Phase documents consisting of final design criteria, preliminary drawings, preliminary specifications, and written descriptions of the Project including: a) Site Drawings i. Existing Conditions ii. Clearing and Removals Plans iii. Geometric Plans iv. Grading and Drainage Plans v. Utility Plans vi. Landscape Plans vii. Electrical Plans viii. Details b) Aquatics Building Drawings Page 3 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. i. Architectural/Structural Plans ii. Electrical Plans iii. Mechanical and Plumbing Plans iv. Details c) Restroom Building Renovation Drawings i. Architectural/Structural Plans ii. Electrical Plans iii. Mechanical and Plumbing Plans iv. Details d) Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. e) Deliverable - Furnish (1) electronic review copy of the 60% Design Phase documents to Owner. Submittal will include the following deliverables. i. 60% Design Plans ii. Outline Specifications iii. Opinion of Probable Costs f) Engineer’s services under the 60% Design Phase will be considered complete on the date when the 60% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost have been delivered to Owner. 6) 90% Design Phase: After acceptance by Owner of the 60% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost as determined in the 60% Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: a) Further develop the Plan Drawings listed in the 60% Design Phase to a 90% level of completion. b) Advise Owner if additional reports, data, information, or services of the types described in Exhibit B are necessary and assist Owner in obtaining such reports, data, information, or services. c) Deliverable - Furnish (1) electronic review copy of the 90% Design Phase documents to Owner. Submittal will include the following deliverables. i. 90% Design Plans ii. Preliminary Specifications iii. Opinion of Probable Costs d) Engineer’s services under the 90% Design Phase will be considered complete on the date when the 90% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost have been delivered to Owner. 7) Final Design Phase: After acceptance by Owner of the 90% Design Plans, Preliminary Specifications, and Opinion of Probable Construction Cost as determined in the 90% Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: Page 4 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. a) Prepare Final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. b) Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. c) Advise Owner of any adjustments to the Opinion of Probable Construction Cost known to Engineer. d) Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. e) Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit (1) electronic final copies of the bidding documents, a revised Opinion of Probable Construction Cost, and any other deliverables to Owner after receipt of Owner’s comments and instructions. f) Engineer’s services under the Final Design Phase will be considered complete on the date when the Final Plans, Final Specifications, and Final Opinion of Probable Construction Cost have been delivered to Owner. 8) Opinion of Probable Construction Cost a) Procure the services of an experienced consultant to provide opinion of probable construction costs prepared by way of measuring bulk quantities for all applicable trades and pricing at applicable parametric composite unit rates for a competitively bid public works project for the northern Indiana region. b) Provide an opinion of probable soft costs based on accepted industry practice as a percent of construction. Include inflation factor to account for 2025-2027 construction season. c) Submit Opinion of Probable Construction Cost at each design phase. 9) Bidding or Negotiating Phase: After acceptance by Owner of the bidding documents and the most recent Opinion of Probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: a) Attend pre-bid conferences, if any. b) Issue addenda as appropriate to clarify, correct, or change the bidding documents. c) If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders. d) The following shall be considered additional services: i. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than “or- equal” items; services after the award of the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; Page 5 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. e) Prepare Bid tabulation sheets and assist Owner in evaluating bids. f) The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors. B. Additional Services 1) Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, Owner's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond Engineer's control, shall require a change in work. 2) The additional services currently included in the Agreement and previous amendments, if any, are modified as follows: See Attachment 3 C. The responsibilities of Owner included in the Agreement and previous amendments, if any, are modified as follows: See Attachment 4 D. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1) Unless otherwise noted, the Owner shall pay the Engineer on a Lump Sum basis, except for the services of the Bidding or Negotiating Phase, an amount of $921,160.00 based on the following estimated distribution of compensation: Item Description Amount Type A1.01 Project Management $67,500.00 Lump Sum A1.02 Minor Subdivision Plat $6,400.00 Lump Sum A1.03 Geotechnical Engineering Exploration $15,660.00 Lump Sum A1.04 Subsurface Utility Locates (Allowance) $20,000.00 Lump Sum A1.05 60% Design Phase $315,900.00 Lump Sum A1.06 90% Design Phase $315,500.00 Lump Sum A1.07 Final Design Phase $111,700.00 Lump Sum A1.08 Opinion of Probable Construction Cost $28,300.00 Lump Sum A1.09 Bidding or Negotiating Phase $40,200.00 Hourly Rate* Total, Not To Exceed $921,160.00 *Refer to Attachment 2 for Standard Hourly Rates Schedule Page 6 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2) Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3) The Lump Sum includes compensation for Engineer’s services and services of Engineer’s Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4) The portion of the Lump Sum amount billed for Engineer’s services will be based upon Engineer’s estimate of the percentage of the total services actually completed during the billing period. E. The schedule for rendering the amended services is proposed as follows: Anticipated Notice to Proceed date is August 13, 2024 Geotechnical Services 45 days after Notice to Proceed 60% Design Document 60 days after Notice to Proceed Owner Review of 60% Design Documents 30 days 90% Design Submittal 120 days after Approval of 60% Design Owner Review of 90% Design Documents 30 days Final Design Submittal 30 days after Approval of 90% Design Anticipated Bidding and Negotiation May 2025 Anticipated Construction Phase TBD: June 2025 - March 2027* *Anticipated 21-month construction period F. Other portions of the Agreement (including previous amendments, if any) are modified as follows: Attachment 1: Project Description and Assumptions Attachment 2: Standard Hourly Rates Schedule G. Agreement Summary (Reference only) a. Original Agreement amount: $__$436,500.00_______ b. Net change for prior amendments: $__$0.00 ____________ c. This amendment amount: $__$921,160.00 _____ d. Adjusted Agreement amount: $__$1,357,660.00______ The foregoing Agreement Summary is for reference only. Page 7 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is __________________. Owner: Engineer: City of South Bend, Indiana Board of Public Works DLZ Indiana, LLC By: By: Title: Elizabeth A. Maradik, President Title: Joseph C. Zwierzynski, P.E., COO By: Title: Joseph R. Molnar, Vice President By: Title: Gary A. Gilot, Member By: Title: Murray L. Miller, Member By: Title: Breana N. Micou, Member Attest: Title: Theresa Heffner, Clerk Date: Date: Engineer License or Firm's Certificate No. PE60020742 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 2211 East Jefferson Boulevard South Bend, Indiana, 46615 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Kara M. Boyles, Ph.D., P.E. Mathieu D. Doyle, P.E. Title: City Engineer Title: Project Manager Phone Number: (574) 235-5933 Phone Number: 574-245-1664 Facsimile Number: (574) 235-9171 Facsimile Number: N/A E-Mail Address: kboyles@southbendin.gov E-Mail Address: mdoyle@dlz.com July 31, 2024 August 13, 2024 ATTACHMENT 1 Project Description A.The project components and design parameters outlined herein are based upon concepts described in the following documents: 1.Professional Services Agreement, dated December 13, 2022, between the Board of Public Works, City of South Bend, Indiana and DLZ Indiana, LLC for Kennedy Park Improvements, Project No. 123-008. 2.Kennedy Park Improvements Preliminary Design Phase Plans, dated January 23, 2023. 3.Grant Application and supporting documents for the Outdoor Recreation Legacy Partnership (ORLP) program grant. 4.Kennedy Park Improvements Preliminary Drainage Study, dated January 18, 2023 5.The concepts in the above listed documents will be further developed in the refinement of the project as described herein. B.The project described herein builds upon the Kennedy Park Improvements Preliminary Design Phase Plans which were developed to approximately 30% completion for the ORLP grant application. The project will consist of final engineering services for improvements to Kennedy Park bordered by Westmoor Street to the north; Olive Street, Kennedy Academy, and Meade Street to the east; Bendix Drive to the south; Goodland Avenue to the west. Refer to EXHIBIT 1 for the project limits and proposed preliminary design phase improvements. Final engineering drawings will be developed for the new park improvements including an outdoor aquatic center with building, a multi-site picnic area, a network of paths, renovation of the existing restroom building, outdoor recreation areas, and a parking lot. The final engineering drawings will also include stormwater management, water service, sanitary sewer service, site lighting, electric service, gas service, and telecommunication service. This Agreement is based on a $15M project construction cost. C.The aquatics center will be based on the conceptual plan developed in the preliminary design phase plans and shown in EXHIBIT 2. Services for the 60% Design will include the following: 1.Finalize Pool Wall Profile(s) a.Shapes and Depths 2.Define Pool Specialty and Mechanical Equipment 3.Develop Pool Mechanical Equipment Layout 4.Develop Aquatic Drawings a.Pool Plans, Sections, and Details b.Pool Structural Design c.Preliminary Pool Piping Plans, and Piping Details d.Pool Mechanical Plans, Schedules, and Details 5.Update Utility Requirements 6.Develop Draft Specifications 7.Conduct Inter-Disciplinary Review 8.Verify Aquatic Design for Code Compliance 9.Develop Preliminary Aquatic Construction Cost Opinion Services for the 90% Design will include the following: 1.Finalize Pool Equipment and Mechanical Equipment Schedules 2.Finalize and Assemble Pool and Pool Mechanical Aquatic Drawings a.Pool Plans, Sections, and Details b.Pool Mechanical Plans, Schedules, and Details c.Pool Piping Plans, Schedules and Details d.Pool Structural Design e.Pool Mechanical Schematics 3.Finalize Specifications 4.Finalize Utility Requirements 5.Finalize Coordination 6.Perform Internal Quality Assurance Procedure 7.Address Questions and Comments from Permitting Agencies 8.Assist with Swimming Pool permit applications for local jurisdiction. Owner is responsible for completion, review, and submittal of final application(s). D.The aquatics center building will be based on the conceptual floorplan developed in the preliminary design phase plans and shown in EXHIBIT 3. E. The renovation of the existing restroom building will be based on the conceptual floorplan developed in the preliminary design phase plans and shown in EXHIBIT 4. F. The following assumptions have been made regarding the scope described herein: 1. The project will be designed in English units and in accordance with City of South Bend Standards and Specifications and all applicable Local and State Codes. 2. Per the Preliminary Drainage Study, stormwater detention will be provided on-site and will not utilize the existing underground storage facilities. IPIPIPRIPIPIPIPIPIPIPIPIPIPSSSWSSTWSTSWTWHHSSSSSSSSSSSSGASSSSHHFOFOSTFOFOFOSTSTSSSTSTSTSTSTSTSTSTECLIPSE PLACE ECLI P S E P L A C E GOODLAND AVENUEGOODLAND AVENUE ECLIPSE PLACE ECLIPSE PLACE MEADE STREET MEADE STREET OLIVE STREETROGER STREETBERTRAND STREETBENDIX DRIVEBENDIX DRIVEWESTMOOR STREETWESTMOOR STREETWESTMOOR STREETWESTMOOR STREETsmall archmedium a r ch large arch STR RHLH AQUATICS BUILDINGRESTROOMS/RENTALFACILITYSOUTH BEND ANIMALRESOURCE CENTERsmall archmedium arch large arch WESTMOOR STREETOLIVE STREET GOODLAND AVENUE MEADE STREET ROGER STREETBERTRAND STREETBENDIX DRIVEHELD BEST FIT LINE OF IRONSHELD BEARING OF WEST CURB LINE AND THE IPF AT THE NORTH HELD SPLIT OF CURBS PROPORTIONED BETWEEN FOUND IP'SLONGLEY AVENUELincoln ManorKaley's 3rd SubdivisionKaley's 3rd SubdivisionKaley's 2nd SubdivisionFREEMONT STREET BLDG EC L I P S E P LSOUTH BENDANIMALRESOURCECENTERSOUTH BEND COMMUNITY SCHOOL CORPORATIONKENNEDY ACADEMYOLIVE ST MATCHLINE - SEE C0.0 WESTMOOR STTENNIS COURTSPICNICSHELTERPROPERTY LINE, TYP.R/W, TYP.R/W, TYP.PROPERTY LINE, TYP.R/W, TYP.R/W, TYP.PROPERTY LINE, TYP. R/W, TYP.R/W, TYP.R/W, TYP.SOUTH BEND COMMUNITY SCHOOL CORPORATIONKENNEDY ACADEMYBENDIX DRIVEBERTRAND ST.ROGER ST.MEADE ST. OLIVE ST. ECLIPSE PL. GOODLAND AVE.LONGLEY AVE.CONSTRUCTION LIMITS, TYP.City of South Bend, IndianaKennedy ParkST. JOSEPH COUNTY - T37N - R2E - SECTION 3LDZSCALE:1" -200'-0"0100200400JANUARY 23, 2023LegendABINTER-GENERATIONAL INCLUSIVEAQUATICS FACILITY (42,000 SF)SIGNATURE INCLUSIVE PLAYGROUND(10,000 SF)ABCSOUTH BEND ANIMAL RESOURCE CENTERDPICKLEBALLEBASKETBALLFRENOVATED PARTY ROOMGOAK GROVE PRESERVEHSUSTAINABLE NATIVE HABITAT (5.16 AC)CEDFGHEXHIBIT 1 EXHIBIT 2 EXHIBIT 3 EXHIBIT 4 2025 Hourly Rate 2026 Hourly Rate $310.00 $320.00 $292.50 $307.50 $265.00 $277.50 $172.50 $180.00 $255.00 $267.50 $242.50 $255.00 $250.00 $260.00 $242.50 $255.00 $230.00 $242.50 $207.50 $217.50 $172.50 $180.00 $135.00 $142.50 $127.50 $135.00 $142.50 $150.00 $195.00 $205.00 $102.50 $105.00 $135.00 $142.50 $130.00 $137.50 $185.00 $195.00 $145.00 $155.00 $82.50 $85.00 $122.50 $125.00 $87.50 $90.00 Bill Class Code Employee Classification 2024 Hourly Rate 001 Officer / Principal Architect $295.00 005/003 Division Manager/Director $280.00 007 Department Manager $252.50 246/14/B33 Registered Land Surveyor/Survey Coordinator/Right of Way Coordinator $165.00 008/B10 Senior Project Manager / Project Manager II $242.50 B09/708 Project Manager I / Group Manager $232.50 A12/A72/490/480/201/234 Engineer VI/Architect VI/Landscape Arch. VI/ Planner VI/ Scientist VI/Surveyor VI $237.50 A11/A71/A94/B03 Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Surveyor V $232.50 A10/A70/A80/A93/A60/B02 Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Surveyor IV $220.00 216/102/112/264/B01 Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Surveyor III $197.50 217/107/A78/A91/265 Engineer II/Architect Associate II/Landscape Architect II/Planner II/Scientist II/Surveyor II $165.00 218/106/A77/A90/266/246 Engineer I/Architect Associate I/Landscape Architect I/Planner I/Scientist I/Surveyor I $130.00 902 Designer I $122.50 901 Designer II $135.00 900/258 Designer III / Utility Coordinator $185.00 906 Technician $100.00 903 Technician IV $130.00 B33 Right of Way Agent II $125.00 220 Construction Observer Manager /Administrator (Resident Project Representative) $175.00 221 Construction Observer $142.50 043 Clerical $80.00 041 Office Services Coordinator $120.00 980 Intern / Apprentice $85.00 $170.00 336/127 1 – person Field Crew / Party Chief (overtime) $237.50 GPS/339 1 – person GPS/RTK Field Crew $237.50 Activity Code Crew Classification 2024 Hourly Rate 142/99 2 - person Topographic Survey Crew $285.00 142/99 2 – person Topographic Survey Crew (overtime) $355.00 ATTACHMENT 2 DLZ INDIANA, LLC - STANDARD FEE STRUCTURE - 2024 ENGINEERING/ARCHITECTURAL Rates are subject to revision on January 1 of each year. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% SCAN HDS Laser / UAS Scanning Crew $342.50 13/94 Rodman/ Survey Technician / Survey-Mapping Assistant $120.00 Reimbursable Expenses Rate Mileage $0.67/mile 336/127 1 – person Field Crew / Party Chief 1 ATTACHMENT 3 PART 2 – ADDITIONAL SERVICES A2.01 Additional Services Requiring Owner’s Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; review and evaluation of the effects on the design requirements for the Project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements including, but not limited to, changes in size, complexity, Owner’s schedule, character of construction, or method of financing; and revising previously accepted studies, reports, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer’s control. 4. Services resulting from Owner’s request to evaluate additional Study and Report Phase alternative solutions beyond those identified in Paragraph A1.01.A.4. 5. Services required as a result of Owner’s providing incomplete or incorrect Project information to Engineer. 6. Providing renderings or models for Owner’s use. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more than one prime construction contracts. than specified in Paragraph A1.07.D. 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner’s office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof. 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services. except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work and any type of property surveys or related engineering services needed for the transfer of interests in real property other than those stated in Section 2.A.2) of Exhibit K Section A1.02; and providing other special field surveys. 15. Providing Construction Phase services beyond the original date for completion and readiness for final payment of Contractor. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project. 20. Providing more extensive services required to enable Engineer to issue notices or certifications requested by Owner. 21. Assistance in connection with the adjusting of Project equipment and systems. 22. Assistance to Owner in training Owner’s staff to operate and maintain Project equipment and systems. 23. Assistance to Owner in developing procedures for (a) control of the operation and maintenance of Project equipment and systems, and (b) related record-keeping. 24. Overtime work requiring higher than regular rates. 25. All services related to Construction Phase. 26. All services related to environmental site assessments, remediation, abatement and mitigation. 27. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. A2.02 Additional Services Not Requiring Owner’s Written Authorization – NOT USED ATTACHMENT 4 This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated December 13, 2022. Owner’s Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Designate in writing a person to act as Owner’s representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, received information interpret and define Owner’s policies and decisions with respect to the Engineer’s service for the Project. B. Provide Engineer with all criteria and full information as to Owner’s requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner’s standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. C. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. D. Following Engineer’s assessment of initially-available Project information and data and upon Engineer’s request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. E. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer’s services, or any defect or nonconformance in Engineer’s services, the Work, or in the performance of any Contractor. F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto so as not to delay the services of the Engineer. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. J. Place and pay for advertisement for Bids in appropriate publications. K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. L. Furnish to Engineer data as to Owner’s anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. If Owner designates a construction manager or an individual or entity other than, or in addition to, Engineer to represent Owner at the Site, define and set forth as an attachment to this Exhibit B the duties, responsibilities, and limitations of authority of such other party and the relation thereof to the duties, responsibilities, and authority of Engineer. N. If more than one prime contract is to be awarded for the Work designed or specified by Engineer, designate a person or entity to have authority and responsibility for coordinating the activities among the various prime Contractors, and define and set forth the duties, responsibilities, and limitations of authority of such individual or entity and the relation thereof to the duties, responsibilities, and authority of Engineer as an attachment to this Exhibit B that is to be mutually agreed upon and made a part of this Agreement before such services begin. O. Attend the pre-bid conference and bid opening. pre-construction conferences, construction progress and other job related meetings, and Substantial Completion and final payment visits to the Project. P. Provide the services of an independent testing laboratory to perform all inspections, tests, and approvals of samples, materials, and equipment required by the Contract Documents, or to evaluate the performance of materials, equipment, and facilities of Owner, prior to their incorporation into the Work with appropriate professional interpretation thereof. Provide Engineer with the findings and reports generated by the entities providing services to Owner pursuant to this paragraph. Q. Inform Engineer in writing of any specific requirements of safety or security programs that are applicable to Engineer, as a visitor to the Site. R. Provide written approval of completed work phases as described in Exhibit K of the amendment agreement. Accomplish reviews and provide written approvals in a timely manner. S. Facilitate discussions with IDEM, EPA, the Honeywell’s Environmental Consultant, and the Engineer. T. Authorize Engineer to provide Additional Services as set forth in Part 2 of Exhibit A of the Agreement, and as modified in this amendment, as required. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/06/2024 Name Sarah Barber, PE Department PW BPW Date 8/13/2024 Phone Extension 9805 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name Cynthia Simmons BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract Amendment/Addendum Special Purchase, QPA Bid Opening Bid Award Req. to Advertise Title Sheet Quote Opening Quote Award Reject Bids/Quotes Proposal Opening C/O & PCA No. PCA Chg. Order, No. Traffic Control Resolution Other: Ease./Encroach Required Information Company or Vendor Name DLZ Indiana, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Kennedy Park Improvements Project Number 123-008 Funding Source PROJ 401 Kennedy Park Improvements, PO-20654 Account No. Amount Original $436,500, Amendment 1 $921,160, New Total $1,357,660 Terms of Contract Purpose/Description Finish design and bidding of Kennedy Park Improvements project For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: