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HomeMy WebLinkAboutAmendment No. 4 to Owner-Engineer Agreement - Lochmueller Group, 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 September 24, 2024 Ms. Jessica Clark Lochmueller Group, Inc. 112 West Jefferson Blvd., Suite 500 South Bend, Indiana 46601 jclark@lochgroup.com RE: Amendment No. 4 to Owner-Engineer Agreement Dear Ms. Clark: At its September 24, 2024 meeting, the Board of Public Works approved the above referenced amendment to the Contract for additional inspection services to finish out Seitz Park Renovations associated with the agreement in the amount of $38,470. Enclosed please find a copy of the agreement 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/hh 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 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated February 9, 2021. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 4 1. Background Data: a. Effective Date of Owner-Engineer Agreement: February 9, 2021 b. Owner: City of South Bend c. Engineer: Lochmueller Group d. Project: Seitz Park Phase 1 Construction Inspection – Project Number 117-093A 2. Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1.) Modified Compensation: According to Exhibit A, Section A.102 (P. Duration of Construction Phase) Lochmueller is entitled to an equitable increase in compensation. Lochmueller is requesting that this equitable increase commence on January 1, 2025 using the rate schedule attached to this amendment. 2.) Additional Compensation: According to Exhibit B, Section B.2.01 (A. Period of Service) Lochmueller compensation amount shall be appropriately adjusted. Appendix 5 to Exhibit C includes the hourly rate schedule through December 3, 2024, which will be used for this amendment. e. The schedule for rendering services is modified as follows: Exhibit A, Part 1 – Basic Services, Section A1.05 Schedule shall be amended to: Anticipated Construction Completion Date: October 18, 2024 Anticipated Inspection / Final Close-out Completion Date: December 3, 2024 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. f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: [List other Attachments, if any] ·Appendix 5 to Exhibit C (2 pages) 5. Agreement Summary (Reference only) a. Original Agreement amount:$576,480.00 b. Net change for prior amendments: $405,740.00 c. This amendment amount:$38,470.00 d. Adjusted Agreement amount:$1,020,690.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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 September 11, 2024. ENGINEER: By: Jessica Clark, PE Title: Northern Indiana Regional Leader Date Signed: September 11, 2024 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ______________________________ ______________________________ Elizabeth A. Maradik, President Breana N. Micou, Member ______________________________ ______________________________ Gary A. Gilot, Member Murray L. Miller, Member ______________________________ ______________________________ Joseph R. Molnar, Member Attest: Theresa M. Heffner, ClerkSeptember 24, 2024 Page 1 (Exhibit I – Limitations of Liability) 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 Appendix 5 to EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Feb 9, 2021. Standard Hourly Rates Schedule A.Standard Hourly Rates:Standard Hourly Rates are set forth in this Appendix 5 to this Exhibit C and include salaries and wages paid to personnel in each billing class plus the cost of customary and statutory benefits, general and administrative overhead, non-project operating costs, and operating margin or profit. 1. The Standard Hourly Rates apply only as specified in Article C2. B.Schedule: Hourly rates for services performed on or after the date of the Agreement are: Classification 2025 Senior Project Manager $246.09 Project Manager $203.86 RPR, Regular Rate $187.37 RPR, Overtime Rate $217.19 Construction Engineer, Regular Rate $145.10 Construction Engineer, Overtime $168.19 Construction Inspector, Regular Rate $127.72 Construction Inspector, Overtime Rate $148.06 Page 2 (Exhibit I – Limitations of Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/19/2024 Name Patrick Sherman Department Public Works BPW Date 09/24/2024 Phone Extension 5601 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Purchasing Mickey Lovy 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 Lochmueller Group, Inc New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Seitz Park Renovation Project Number PROJ00000079 Funding Source PO-0007779 Account No. 436-10-102-121-444000--PROJ00000079 Amount $38,470.00 Terms of Contract EJCDC Amendment Purpose/Description Amendment to contract for additional inspection services to finish out Seitz Park. 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: