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HomeMy WebLinkAboutAmendment No. 4 to PSA - Madison Lifestyle District Proj No 123-074 - American Structurepoint ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA 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 November 26, 2024 Ms. Vanessa Shumate American Structurepoint 9025 River Road, Suite 200 Indianapolis, IN 46240 VShumate@structurepoint.com RE: Amendment No. 4 to Professional Services Agreement Dear Ms. Shumate: At its November 26, 2024 meeting, the Board of Public Works approved the above referenced amendment for additional schematic design effort and a phase II environmental investigation for the Madison Lifestyle District in the amount of $40,060. 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/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 7 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated 02/13, 2024. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 4 1.Background Data: a. Effective Date of Owner-Engineer Agreement: 02/13/2024 b. Owner: Board of Public Works, City of South Bend, Indiana c. Engineer: American Structurepoint, Inc. d. Project: Madison Lifestyle District 2.Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) ADD Schematic Design for Madison Lifestyle District. a) NOTE: This addition reflects the fact the City will now construct two levels of the residential/commercial development to assist Great Lakes Capital with their building effort. 2) ADD Phase II Environmental Assessment for Madison Lifestyle District. a) See attachment. b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows:           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. c. The responsibilities of Owner are modified as follows: d. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1) Schematic Design: $20,730 2) Phase II Assessment: $19,330 a) Fee includes $2000 in costs for Structurepoint to administer the subcontract. e. The schedule for rendering services is modified as follows: f. Other portions of the Agreement (including previous amendments, if any) are modified as follows: 5. Agreement Summary (Reference only) a. Original Agreement amount:$329,040 b. Net change for prior amendments: $300,210 c. This amendment amount:$40,060 d. Adjusted Agreement amount:$669,310 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 11/26/2024. OWNER:ENGINEER: By:By: Title:Title: Date Signed: Date Signed:                    November 26, 2024 October 2, 2024 Ms. Vanessa Shumate American Structurepoint 9025 River Road, Suite 200 Indianapolis, Indiana 46240 Re: Proposal for Environmental Services Limited Subsurface Investigation Memorial Hospital of South Bend 601 E. Main Street South Bend, Indiana August Mack Project Number JY2720.750 Dear Ms. Shumate: In accordance with your request, August Mack Environmental, Inc. (August Mack) is pleased to provide you with this proposal for a Limited Subsurface Investigation at the above-referenced property (“subject property”). During a recent Phase I Environmental Site Assessment (ESA) performed by Jones Petrie Rafinski Corporation (JPR) (JPR Project No. 2023-0224) the following recognized environmental conditions (RECs) were identified: x The historical use of the subject property as an automobile facility and gasoline service stations. The purpose of this investigation is to determine if subsurface conditions on the subject Site have been impacted by the RECs identified in the Phase I ESA. The work activities required to complete this project are summarized below, followed by associated cost information. SCOPE OF WORK During this project, August Mack will conduct the following scope of work: Project Management and Coordination: x Prepare a site-specific Health & Safety Plan (HASP). x Coordinate with Indiana 811 to mark all public utilities.                   Ms. Vanessa Shumate October 2, 2024 x Perform a utility locate utilizing ground penetrating radar/electromagnetic (GPR/EM) equipment to ensure clearance of subsurface utilities at each boring location. x Coordination of August Mack field personnel and subcontractors. Limited Site Investigation Activities: x Advance five (5) borings (SB-1 through SB-5) on Site using a Geoprobe£ direct- push sampling system for the purpose of collecting soil and groundwater samples to further investigate the REC listed above. A map of the proposed boring locations is provided in Attachment A. x All borings will be advanced to depths of 30-feet below grade (ft bg) or to groundwater, whichever is encountered first. x Collect two (2+)-foot long soil samples continuously as the borings are advanced and screen the samples for lithologic description and evidence of contamination by headspace analysis using a photoionization detector (PID). x Collect up to two (2) soil and one (1) groundwater samples at boring locations SB-1 through SB-5 and submit the samples for Volatile Organic Compounds (VOCs), Polycyclic Aromatic Hydrocarbons (PAHs), Polychlorinated Biphenyls (PCBs), and/or Resource Conservation and Recovery Act (RCRA) 8 metals analysis1. In general, the soil samples will be collected from the highest screened, unsaturated, interval from each boring. If groundwater is not encountered, an additional soil sample will be collected at the deepest interval. x Each soil boring will be back-filled with soil cuttings and medium bentonite chips from the base of the boring to approximately six (6)-inches below surface grade and the appropriate surface completion will be installed to the surface. Reporting Following completion of the field activities and receipt of all laboratory results, a Final Report will be prepared by August Mack documenting the activities performed. The report will summarize and document the soil and groundwater sampling activities, sampling locations, sampling rationale and provide analytical results along with our findings regarding the site. Verbal results can be provided immediately upon receipt of all laboratory analytical results. It is anticipated that the report will be completed and delivered within 25 business days from receipt of the signed authorization to proceed. 1 *Groundwater samples analyzed for RCRA8 metals will be field filtered (dissolved).                   Ms. Vanessa Shumate October 2, 2024 COST INFORMATION The lump sum cost to perform the work described above is $17,330. A breakdown of the costs is provided in the following table. Activity Cost Project Management & Coordination x August Mack mobilization, coordination and oversight; x Prepare Site-specific HASP; x Coordinate with Indiana 811 to mark all public utilities; $1,430 LSI Activities x Conduct a private utility locate for utility clearance; x Advance five (5) soil borings using a Geoprobe£ direct-push sampling system; x Field-screen soils and collect soil samples; and x Collect groundwater samples, if encountered. $9,100 Analytical Costs:* x Up to 10 soil and groundwater samples for VOC, PAH, PCB, and RCRA 8 metals analysis. $4,200 Reporting Prepare a summary report documenting the LSI activities and findings. $2,600 Project Total $17,330 *The analytical cost presented above assumes a standard 7 business day turn-around-time Assumptions/Exclusions: x Specific boring locations will be determined in the field based on the utility locate results indicating utility locations and site conditions. August Mack will contact Indiana 811 to locate public utilities, discuss utility locations with available site personnel familiar with the site, and will contract a private utility locator to identify underground utilities in the area. However, August Mack shall not be liable for damage losses related to unknown or unmarked underground structures such as water or steam lines, electrical or telephone cables, sewers, etc. x The cost assumes that normal conditions will be encountered, an access agreement is granted to August Mack from the property owner, and that any delays caused by the client or the client’s agents will result in additional expense to the client. If impacts or findings are identified at the time of the investigation that warrants a change in scope, you will be notified immediately so that options (e.g., increase in borings, type of laboratory analysis, etc.) can be discussed. If you are in agreement with the scope of work and costs presented above and the terms and conditions attached to this proposal, please sign and return one (1) copy of this proposal as your authorization to proceed.                   ATTACHMENT A Proposed Sample Locations Map                                     BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 11/15/2024 Name Zach Hurst Department DPW BPW Date 11/26/2024 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name 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 American Structurepoint New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Madison Lifestyle District Project Number 123-074 Funding Source River West DA TIF Account No. PO-0029313 Amount This Change: $40,060; Revised Amount: $669,310 Terms of Contract Purpose/Description Amendment #4 adds in additional schematic design effort and a Phase II environmental investigation. 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: