HomeMy WebLinkAboutAmendment No. 2 to OEA - Byer's Softball Complex Pro No 123-072 - DLZ Indiana
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
December 17, 2024
Ms. Sara Huss
DLZ Indiana, LLC
2211 E. Jefferson Blvd.
South Bend, IN 46615
shuss@dlz.com
RE: Amendment No. 2 to Owner-Engineer Agreement
Dear Ms. Huss:
At its December 17, 2024 meeting, the Board of Public Works approved the above
referenced amendment for bidding and construction administration services for renovations at
Byer’s Softball Complex in the amount of $61,800.
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)
This is EXHIBIT K, consisting of pages, referred to
in and part of the Agreement between Owner and
Engineer for Professional Services dated November 14,
2023.
AMENDMENT TO OWNER-ENGINEER AGREEMENT
Amendment No. __2__
1.Background Data:
a.Effective Date of Owner-Engineer Agreement:November 14, 2023
b.Owner:Board of Public Works, City of South Bend, Indiana
c.Engineer: DLZ Indiana, LLC
d.Project:Byers Softball Complex Improvements
2.Description of Modifications:
a.Engineer shall perform or furnish the following Additional Services:
1)The City requested DLZ provide bid phase services and limited construction
administration services as described herein.
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:
1)Add Scope of Services items A1.13 through A1.14 as follows:
A1.13 Bid Phase Services
A.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:
1.Assist Owner in advertising for and obtaining bids or proposals for the
Work and, where applicable, maintain a record of prospective bidders to
whom Bidding Documents have been issued, attend pre-bid conferences,
if any, and receive and process contractor deposits or charges for the
bidding documents.
2.Issue addenda as appropriate to clarify, correct, or change the bidding
documents.
3.Provide information or assistance needed by Owner in the course of any
negotiations with prospective contractors.
Page 2
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
4. Consult with Owner as to the acceptability of subcontractors, suppliers,
and other individuals and entities proposed by prospective contractors for
those portions of the Work as to which such acceptability is required by
the bidding documents.
5. If bidding documents require, the Engineer shall evaluate and determine
the acceptability of "or equals" and substitute materials and equipment
proposed by bidders.
a. The following shall be considererd additional services:
1) 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; evaluation and
determination of an excessive number of proposed "or equals" or
substitutions, whether proposed before or after award of the
Construction Contract.
6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in
evaluating Bids or proposals and in assembling and awarding contracts for
the Work.
B. The Bid Phase Services will be considered complete upon commencement of the
Construction Phase.
A1.14 Limited Construction Phase Office Services (Limited to up to 240 hours)
A. Upon successful completion of the Bid Phase Services, and upon written
authorization from Owner, Engineer shall:
1. General Administration of Construction Contract: Consult with Owner
and act as Owner’s representative as provided in the Construction
Contract. The extent and limitations of the duties, responsibilities, and
authority of Engineer as assigned in the Construction Contract shall not be
modified, except as Engineer may otherwise agree in writing. All of
Owner’s instructions to Contractor will be issued through Engineer, which
shall have authority to act on behalf of Owner in dealings with Contractor
to the extent provided in this Agreement and the Construction Contract
except as otherwise provided in writing.
2. Pre-Construction Conference: Participate in a Pre-Construction
Conference prior to commencement of Work at the Site.
3. Schedules: Receive, review, and determine the acceptability of any and
all schedules that Contractor is required to submit to Engineer, including
the Progress Schedule, Schedule of Submittals, and Schedule of Values.
4. Visits to Site and Observation of Construction: In connection with
observations of Contractor’s Work while it is in progress:
Page 3
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
a. Make visits to the Site at intervals appropriate to the various stages
of construction, as defined in paragraph A1.14,A,3,c. below, to
observe as an experienced and qualified design professional the
progress of Contractor’s executed Work. Such visits and
observations by Engineer are not intended to be exhaustive or to
extend to every aspect of Contractor’s Work in progress or to
involve detailed inspections of Contractor’s Work in progress
beyond the responsibilities specifically assigned to Engineer in
this Agreement and the Contract Documents, but rather are to be
limited to spot checking, selective sampling, and similar methods
of general observation of the Work based on Engineer’s exercise
of professional judgment, as assisted by the Owner’s On-site
Inspector. Based on information obtained during such visits and
observations, Engineer will determine in general if the Work is
proceeding in accordance with the Contract Documents, and
Engineer shall keep Owner informed of the progress of the Work.
b. The purpose of Engineer’s visits to the Site, will be to enable
Engineer to better carry out the duties and responsibilities assigned
to and undertaken by Engineer during the Construction Phase,
and, in addition, by the exercise of Engineer’s efforts as an
experienced and qualified design professional, to provide for
Owner a greater degree of confidence that the completed Work
will conform in general to the Contract Documents and that
Contractor has implemented and maintained the integrity of the
design concept of the completed Project as a functioning whole as
indicated in the Contract Documents. Engineer shall not, during
such visits or as a result of such observations of Contractor’s
Work in progress, supervise, direct, or have control over
Contractor’s Work, nor shall Engineer have authority over or
responsibility for the means, methods, techniques, sequences, or
procedures of construction selected or used by Contractor, for
security or safety at the Site, for safety precautions and programs
incident to Contractor’s Work, nor for any failure of Contractor to
comply with Laws and Regulations applicable to Contractor’s
furnishing and performing the Work. Accordingly, Engineer
neither guarantees the performance of any Contractor nor assumes
responsibility for any Contractor’s failure to furnish or perform the
Work in accordance with the Contract Documents.
c. Visits to Site and Observation of Construction is anticipated to
include approximately 70 hours (estimated as 2 hours per week
average) for approximate 8-month construction period. Visits in
excess of this assumption shall be considered additional services.
5. Defective Work: Reject Work if, on the basis of Engineer’s observations,
Engineer believes that such Work (a) is defective under the standards set
forth in the Contract Documents, (b) will not produce a completed Project
that conforms to the Contract Documents, or (c) will imperil the integrity
Page 4
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
of the design concept of the completed Project as a functioning whole as
indicated by the Contract Documents.
6. Clarifications and Interpretations; Field Orders: Issue necessary
clarifications and interpretations of the Contract Documents as
appropriate to the orderly completion of Contractor’s work. Such
clarifications and interpretations will be consistent with the intent of and
reasonably inferable from the Contract Documents. Subject to any
limitations in the Contract Documents, Engineer may issue field orders
authorizing minor variations in the Work from the requirements of the
Contract Documents.
7. Change Orders and Work Change Directives: Recommend change orders
and work change directives to Owner, as appropriate, and prepare change
orders and work change directives as required.
8. Shop Drawings and Samples: Review and approve or take other
appropriate action in respect to Shop Drawings and Samples and other
data which Contractor is required to submit, but only for conformance
with the information given in the Contract Documents and compatibility
with the design concept of the completed Project as a functioning whole
as indicated by the Contract Documents. Such reviews and approvals or
other action will not extend to means, methods, techniques, sequences, or
procedures of construction or to safety precautions and programs incident
thereto. Engineer shall meet any Contractor’s submittal schedule that
Engineer has accepted.
9. Substitutes and “or-equal”: Evaluate and determine the acceptability of
substitute or “or-equal” materials and equipment proposed by Contractor.
a. The following shall be considered additional services:
1) 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; evaluation and
determination of an excessive number of proposed "or equals" or
substitutions, whether proposed before or after award of the
Construction Contract.
10. Inspections and Tests: Require such special inspections or tests of
Contractor’s work as deemed reasonably necessary, and receive and
review all certificates of inspections, tests, and approvals required by
Laws and Regulations or the Contract Documents. Engineer’s review of
such certificates will be for the purpose of determining that the results
certified indicate compliance with the Contract Documents and will not
constitute an independent evaluation that the content or procedures of
such inspections, tests, or approvals comply with the requirements of the
Contract Documents. Engineer shall be entitled to rely on the results of
such tests.
Page 5
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
11. Disagreements between Owner and Contractor: Render formal written
decisions on all duly submitted issues relating to the acceptability of
Contractor’s work or the interpretation of the requirements of the
Contract Documents pertaining to the execution, performance, or progress
of Contractor’s Work; review each duly submitted Claim by Owner or
Contractor, and in writing either deny such Claim in whole or in part,
approve such Claim, or decline to resolve such Claim if Engineer in its
discretion concludes that to do so would be inappropriate. In rendering
such decisions, Engineer shall be fair and not show partiality to Owner or
Contractor and shall not be liable in connection with any decision
rendered in good faith in such capacity.
12. Applications for Payment: Based on Engineer’s observations as an
experienced and qualified design professional and on review of
Applications for Payment and accompanying supporting documentation:
a. Determine the amounts that Engineer recommends Contractor be
paid. Such recommendations of payment will be in writing and
will constitute Engineer’s representation to Owner, based on such
observations and review, that, to the best of Engineer’s
knowledge, information and belief, Contractor’s Work has
progressed to the point indicated, the Work is generally in
accordance with the Contract Documents (subject to an evaluation
of the Work as a functioning whole prior to or upon Substantial
Completion, to the results of any subsequent tests called for in the
Contract Documents, and to any other qualifications stated in the
recommendation), and the conditions precedent to Contractor’s
being entitled to such payment appear to have been fulfilled in so
far as it is Engineer’s responsibility to observe Contractor’s Work.
In the case of unit price work, Engineer’s recommendations of
payment will include final determinations of quantities and
classifications of Contractor’s Work (subject to any subsequent
adjustments allowed by the Contract Documents).
b. By recommending any payment, Engineer shall not thereby be
deemed to have represented that observations made by Engineer to
check the quality or quantity of Contractor’s Work as it is
performed and furnished have been exhaustive, extended to every
aspect of Contractor’s Work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically
assigned to Engineer in this Agreement and the Contract
Documents. Neither Engineer’s review of Contractor’s Work for
the purposes of recommending payments nor Engineer’s
recommendation of any payment including final payment will
impose on Engineer responsibility to supervise, direct, or control
Contractor’s Work in progress or for the means, methods,
techniques, sequences, or procedures of construction or safety
precautions or programs incident thereto, or Contractor’s
compliance with Laws and Regulations applicable to Contractor’s
furnishing and performing the Work. It will also not impose
Page 6
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
responsibility on Engineer to make any examination to ascertain
how or for what purposes Contractor has used the moneys paid on
account of the Contract Price, or to determine that title to any
portion of the Work in progress, materials, or equipment has
passed to Owner free and clear of any liens, claims, security
interests, or encumbrances, or that there may not be other matters
at issue between Owner and Contractor that might affect the
amount that should be paid.
13. Contractor’s Completion Documents: Receive, review, and transmit to
Owner maintenance and operating instructions, schedules, guarantees,
bonds, certificates or other evidence of insurance required by the Contract
Documents, certificates of inspection, tests and approvals, Shop
Drawings, Samples and other data approved as provided under Paragraph
A1.14.A.08, and transmit the annotated record documents which are to be
assembled by Contractor in accordance with the Contract Documents to
obtain final payment. The extent of such review by Engineer will be
limited as provided in Paragraph A1.14.A.12b.
14. Substantial Completion: Promptly after notice from Contractor that
Contractor considers the entire Work ready for its intended use, in
company with Owner and Contractor, visit the Project to determine if the
Work is substantially complete. If after considering any objections of
Owner, Engineer considers the Work substantially complete, Engineer
shall deliver a certificate of Substantial Completion to Owner and
Contractor.
15. Final Notice of Acceptability of the Work: Conduct a final visit to the
Project to determine if the completed Work of Contractor is acceptable so
that Engineer may recommend, in writing, final payment to Contractor.
Accompanying the recommendation for final payment, Engineer shall
also provide a notice that the Work is acceptable to the best of Engineer’s
knowledge, information, and belief and based on the extent of the services
provided by Engineer under this Agreement.
16. Additional Services: Include but are not limited to:
a. Resident Project Representative Services
b. Additional site visits or office services exceeding the estimated
number of hours listed herein.
B. Duration of Construction Phase: The Construction Phase will commence with the
execution of the first Construction Contract for the Project or any part thereof and
will terminate upon written recommendation by Engineer for final payment to
Contractors. If the Project involves more than one prime contract, subject to the
provisions of Article 3, Engineer shall be entitled to an equitable increase in
compensation if Construction Phase services are required after the original date for
completion and readiness for final payment of Contractor as set forth in the
Construction Contract.
Page 7
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
1. The construction period is anticipated to be 8 months. A construction
period extending beyond this period shall be considered additional
services.
C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or
omissions of any Contractor, Subcontractor or Supplier, or other individuals or
entities performing or furnishing any of the Work, for safety or security at the Site,
or for safety precautions and programs incident to Contractor's Work, during the
Construction Phase or otherwise. Engineer shall not be responsible for the failure
of any Contractor to perform or furnish the Work in accordance with the Contract
Documents.
D. Together with Owner, visit the Project to observe any apparent defects in the
Work, assist Owner in consultations and discussions with Contractor concerning
correction of any such defects, and make recommendations as to replacement or
correction of defective Work, if any.
E. Together with Owner or Owner’s representative, visit the Project within one
month before the end of the correction period to ascertain whether any portion of
the Work is subject to correction.
c. Replace Article 7 - DEFINITIONS, 7.01, A, 24 as follows:
24. Resident Project Representive – Not Used. Owner to provide onsite inspection
services.
d. The schedule for rendering services is modified as follows:
Add to end of A1.05 Schedule:
Bid Phase Services
a) Advertise for bids November 8, 2024
b) Bids Due December 10, 2024
c) Anticipated Award December 17, 2024
Limited Construction Phase Office Services
a) Construction to commence in February 2025
b) Estimated 8-month duration
c) Substantial completion set for September 30, 2025.
The remainder of this page left intentionally blank
Page 8
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
e. Other portions of the Agreement (including previous amendments, if any) are
modified as follows:
A. Revise Article 2, C2.01, A, 1. As follows:
1. Unless otherwise noted, the Owner shall pay the Engineer on a Lump Sum
basis, an amount of $415,650.00 based on the following estimated
distribution of compensation:
Item Description Amount Type
A1.01 Project Management $17,800.00 Lump Sum
A1.02 Site Assessment $10,500.00 Lump Sum
A1.03 Conceptual Planning $42,300.00 Lump Sum
A1.04 Opinion of Probable Cost $8,900.00 Lump Sum
A1.06 Topographic and Boundary
Survey
$47,100.00 Lump Sum
A1.07 Subsurface Utility Locates $20,000.00 Allowance
A1.08 Geotechnical Engineering
Exploration
$9,500.00 Lump Sum
A1.09 60% Design Phase $91,300.00 Lump Sum
A1.10 90% Design Phase $75,700.00 Lump Sum
A1.11 Final Design Phase $18,700.00 Lump Sum
A1.12 Permitting $12,050.00 Lump Sum
A1.13 Bid Phase Services $11,900 Lump Sum
A1.14 Limited Construction
Phase Office Services
$49,900 Hourly
Total, Not To Exceed $415,650.00
B. Revise Appendix 1 to Exhibit C in its entirety as follows:
Standard Hourly Rates Schedule
A. Standard Hourly Rates:
1. Standard Hourly Rates are set forth in this Appendix 1 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.
2. The Standard Hourly Rates apply only as specified in Article 2, C2.01.
Page 9
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
B. Schedule:
Hourly rates for services performed on or after the date of the Agreement are:
Employee Classification Hourly
Rate
Officer / Principal Architect $309.75
Division Manager/Director $294.00
Department Manager $265.00
Registered Land Surveyor/Survey Coordinator/Right of Way Coordinator $173.25
Senior Project Manager / Project Manager II $254.75
Project Manager I / Group Manager $244.00
Engineer VI/Architect VI/Landscape Arch. VI/ Planner VI/ Scientist VI/Surveyor VI $249.50
Engineer V/Architect V/Landscape Arch. V/Planner V/Scientist V/Surveyor V $244.00
Engineer IV/Architect IV/Landscape Architect IV/Planner IV/Scientist IV/Surveyor IV $231.00
Engineer III/Architect III/Landscape Architect III/Planner III/Scientist III/Surveyor III $207.50
Engineer II/Architect Associate II/Landscape Architect II/Planner II/Scientist II/Surveyor II $173.25
Engineer I/Architect Associate I/Landscape Architect I/Planner I/Scientist I/Surveyor I $136.50
Designer I $128.75
Designer II $141.75
Designer III / Utility Coordinator $194.25
Technician $105.00
Technician IV $136.50
Right of Way Agent II $131.25
Construction Observer Manager /Administrator $186.50
Construction Observer $149.75
Clerical $84.00
Office Services Coordinator $126.00
Intern / Apprentice $89.25
Crew Classification Hourly
Rate
142/99 2 - person Topographic Survey Crew $299.25
142/99 2 – person Topographic Survey Crew (overtime) $372.75
336/127 1 – person Field Crew / Party Chief $178.50
336/127 1 – person Field Crew / Party Chief (overtime) $249.50
GPS/339 1 – person GPS/RTK Field Crew $249.50
SCAN HDS Laser / UAS Scanning Crew $359.75
13/94 Rodman/ Survey Technician / Survey-Mapping Assistant $126.00
Page 10
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
Reimbursable Expenses Rate
Mileage $0.67/mile
Travel Expenses @ Cost
Living Expenses @ Cost
Reproduction Cost plus 20%
Subconsultants Cost plus 20%
Equipment Rental Cost plus 20%
3. Agreement Summary (Reference only)
a. Original Agreement amount: $ 65,000.00
b. Net change for prior amendments: $ 288,850.00
c. This amendment amount: $ 61,800.00
d. Adjusted Agreement amount: $ 415,650.00
The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement,
including those set forth in Exhibit C, except as modified for Appendix 1 above.
The remainder of this page left intentionally blank
Page 11
(Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1)
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 December 17, 2024.
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: Jordan V. Gathers, Member
By:
Title: Gary A. Gilot, Member
By:
Title: Murray Miller, 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. Sara Huss, PLA, CPESC
Title: City Engineer Title: Project Manager
Phone Number: (574) 235-5933 Phone Number: 574-245-1710
Facsimile Number: (574) 235-9171 Facsimile Number: N/A
E-Mail Address: kboyles@southbendin.gov E-Mail Address: shuss@dlz.com
12/4/2024
December 17, 2024
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 12/17/2024
Name: Patrick Sherman Department of Public Works – Engineering Division
BPW Date: 12/17/2024 Phone Extension: 5601
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Michael Schmidt
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 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 Byer’s Softball Complex Renovation
Project Number 123-072
Funding Source PO# 27427
Account No. RW TIF
Amount $61,800.00
Terms of Contract EJCDC Contract
Special Contract Provisions N/A
Purpose/Description Bidding and Construction Administration services for renovations at Byer’s
Softball Complex.
For Change Orders Only
Amount of Increase
Decrease ($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease ( %)
New Amount $
Total Percent of Change:
Increase
Decrease ( %)
Time Extension Amount:
New Completion Date: