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HomeMy WebLinkAboutAmendment No. 5 to OEA - Madison Lifestyle District Proj No 123-074 - American Structurepoint Inc1316 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 January 14, 2025 Mr. Cash E. Canfield American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 cc anfieldkstructurepoint. com RE: Amendment No. 5 to Owner -Engineer Agreement Dear Mr. Canfield: At its January 14, 2025 meeting, the Board of Public Works approved the above referenced amendment for Madison Lifestyle District, Project No. 123-074 in the amount of $59,400 with a new adjusted total $728,710. 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 This is EXHIBIT K, consisting of 6 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. 5 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: Traffic Impact Study for Main/Marion intersection. See attachment. C. Q lM f. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: 1) Traffic Impact Study: 5. Agreement Summary (Reference only) $59,400 a. Original Agreement amount: $329,040 b. Net change for prior amendments: $340,270 c. This amendment amount: $59,400 d. Adjusted Agreement amount: $728,710 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. 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. Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 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 01/14/2025. OWNER: ENGINEER: DocuSigned by: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vu�1WK '�_'Z V ' F19A20CCE23A42D... Cash E. Canfield Elizabeth A. Maradik, President Joseph R. Molnar, Vice President By Title: President Gary A. Gilot, Member Breana Micou, Member Date Signed: Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk 1/6/2 02 5 Date: Jamiar; 14, 2025 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. Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 AMERICAN STRUCTUREPOINT INC. December 20, 2024 Mr. Zach Hurst, PE Senior Project Engineer City of South Bend, Indiana Re: South Bend Lifestyle District - Traffic Impact Study 9025 RIVER ROAD, SUITE 200 INDIANAPOLIS, INDIANA 46240 TEL 317.547.5580 FAX 317.543.0270 American Structurepoint, Inc., is pleased to provide this proposal for a Traffic Impact Study for the proposed mixed -use Lifestyle District development located southeast of the W Marion Street & Main Street intersection, west of Michigan Street, in South Bend, Indiana. Our proposed services are as follows. SCOPE OF SERVICES TRAFFIC IMPACT STUDY American Structurepoint will perform a Traffic Impact Study for the proposed mixed -use development located southeast of the W Marion Street & Main Street intersection in South Bend, Indiana. The traffic study tasks will include the following: A. Schedule a TIS scoping meeting with IN DOT LaPorte District to discuss the scope of this study. Changes to the scope and fee will be required if additional items are required by INDOT as part of the MOU. We will notify the City of any additional services necessary to complete the study. B. The City will provide Turning Movement Counts through MACOG for the analysis. The Client will provide the information required for the study. The following information was requested for the data collection efforts: Intersection turning movement counts 6AM - 6PM (12-hours) • Main Street & Marion Street Intersection turning movement counts 6AM — 9AM, 3PM-6PM (6-hours) • Madison Street & Main Street • Madison Street & Michigan Street • Michigan Street & Main St/Marion St (Roundabout) Counts to be collected on an average day (Tuesday, Wednesday or Thursday) during school sessions, reported in 15-min intervals. Include pedestrian and bicycle counts Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 Mr. Hurst December 23, 2024 Page 2 C. Perform a trip generation to estimate the future traffic from the proposed development site based on the ITE Trip Generation Manual and a distribution/assignment of generated trips to the study intersections. Traffic will be forecasted for the site based on the following received information: • Hotel • Multi -family Apartments • Hospital Parking (300 Spaces) D. Forecast the baseline volumes from the data collection to the opening year and horizon year as background traffic volumes before the trips are added for the proposed development site. The background traffic volumes will be determined based on an annual growth rate applied to the existing traffic volumes. Historical traffic data will be reviewed to estimate growth in this area and consulted with the City of South Bend and INDOT. • Additional background traffic information will be requested during the scoping meeting for any developments that have been approved but not yet completed. E. The Consultant will provide the preliminary assumptions to INDOT LaPorte District for review prior to performing the vehicle capacity analysis. This will include growth rates, land use types, trip generation, and trip distribution information. F. Perform a vehicle capacity analysis (aka level -of -service analysis) and vehicle queue length analysis using traffic analysis software (Highway Capacity Manual, Synchro, Sidra) for the following study intersections, analysis time periods, and traffic volume scenarios: Study Intersections • Michigan Street & Main Street/Marion Street Roundabout • Main Street & Marion Street/Site Driveway • Main Street & Madison Street • Michigan Street & Madison Street • Madison Street & Site Driveway* *Analysis volumes for the driveway will be determined based on trip generation, distribution, and assignment. Analysis Time Periods • Typical Weekday, AM Peak Hour • Typical Weekday, PM Peak Hour Traffic Volume Scenarios • Scenario 1: Opening Year (2026) Traffic (Background Growth Only) • Scenario 2: Opening Year (2026) Traffic + Proposed Development Site Traffic • Scenario 3: Horizon Year (2036) Traffic + Proposed Development Site Traffic G. Intersection analysis will evaluate up to three (3) alternatives for the Main Street & Marion Street/Site Driveway to determine how to handle pedestrians and entering/exiting traffic. The interaction and queuing between the Michigan Street & Main Street/Marion Street roundabout will also be taken into account. • Improvements, such as turn lanes, access control, and intersection control will be identified as part of this task. 2024.03716 Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 Mr. Hurst December 23, 2024 Page 3 • It is anticipated that the alternatives will require separate trip distribution and assignment to accommodate the proposed alternatives. H. Perform a turn lane warrant analysis based on Scenario 3 volumes per Indiana Design Manual (IDM 2013) for the following study intersections: • Main Street & Marion Street/Site Driveway • Main Street & Madison Street • Michigan Street & Madison Street • Madison Street & Site Driveway I. A traffic signal warrant analysis will be conducted to assess Warrant 1 (Eight -Hour Vehicular Volume), Warrant 2 (Four -Hour Vehicular Volume), and Warrant 3 (Peak Hour Vehicular Volume) based upon the Scenario 3 volumes for the following study intersection: • Main Street & Marion Street/Site Driveway J. Roadway design coordination efforts including schematic layouts utilizing aerials and a high-level opinion of probable construction cost (OPCC) for the recommended solution will be provided. K. Develop a concise traffic impact study report that summarizes the analysis results and any resulting roadway infrastructure recommendations for the study intersections to accommodate the generated traffic from the proposed development site. The report will include figures that illustrate the traffic volumes and intersection recommendations, including recommended turn lane lengths, if needed. L. Attend up to three (3) meetings including: • One (1) initial meeting to verify the scope of the traffic study before performing the analysis. The meeting would include the City of South Bend, the OWNER, and INDOT LaPorte District. • One (1) follow up meeting with INDOT to review the assumptions of the traffic study. • One (1) meeting with INDOT to review the results of the traffic study. SCHEDULE A substantially completed draft of the Traffic Impact Study report will be submitted to the Owner for review within 75 days of receipt of traffic counts from the CLIENT. If no revisions are needed from the substantially completed draft, the finalized traffic study will then be submitted to the appropriate agencies for review. American Structurepoint shall have no responsibility for any services or work, except as expressly identified in our agreement or as subsequently agreed to in writing. Any and all actions, communications, or work by American Structurepoint related to the project shall be subject to the terms of our agreement, except as otherwise stated by American Structurepoint. We shall have no responsibility for oversight or supervision of the contractors or their employees, for the means and methods of construction, for the safety of persons on or off the job site, or the schedule. We shall have no responsibility to inspect for, or remove, hazardous materials. We will perform these services in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. American Structurepoint's services are intended for the sole benefit of the client and are not intended to create any rights or benefits for any other parties. American Structurepoint shall not be responsible for the acts or omissions of the owner, the contractor and subcontractors, and their respective agents and employees, or any other persons or entities performing work on the project who are not under the direct control or authority of American Structurepoint. 2024.03716 Docusign Envelope ID: 09C95E24-C9A9-4E98-9506-CC8DFCE35C92 Mr. Hurst December 23, 2024 Page 4 We will exercise reasonable care to incorporate the design requirements of governmental authorities having jurisdiction over the project into the construction documents as those requirements are known and understood by reasonable and prudent engineers under the same or similar circumstances. Our duty to incorporate the design requirements of governmental authorities into the construction documents is limited to design requirements as they are known and understood by reasonable and prudent engineers at the time of preparation of the construction documents, but we shall have no responsibility or liability for costs resulting from revised or different interpretations of the design requirements by the governmental authorities after completion of the construction documents or new and different design requirements that are adopted after completion of the construction documents. Following submission of design documents and requests for permits to governmental authorities for their review and approval as may be required, we have no control over the ability to influence the governmental review process and the time required to complete the process and we shall have no liability for loss, costs, or damages sustained or incurred by client as a result of delays or extended time required for governmental review process. SUPPLEMENTAL SERVICES The fees listed below represent the total scope of services as we understand it at this time. We do not anticipate the need for additional services, such as the following, but we are available to provide them for a supplemental fee if such a need should arise. 1. Additional meetings beyond what is identified in the scope, including Commission meetings. 2. Traffic counts for additional intersections or hours beyond the scope 3. Capacity analysis for additional intersections and scenarios beyond what is identified in the scope 4. Analysis related to staged development of the proposed site and/or potential future expansion 5. Additional analysis types such as crash history data or forecasted safety analysis 6. Complex micro -simulation models such as 3D vehicle simulations 7. Signal warrant analysis at additional locations not identified in the scope 8. Signal design and/or Intersection or roadway lighting design 9. Sight distance evaluations 10. Preliminary and final design and permitting of the proposed improvements 11. Detailed design drawings, engineers' assessment, and detailed opinion of probable cost shall be additional services which will be included in a future supplemental agreement after the preferred alternate is determined and approved by the City of South Bend. COMPENSATION Compensation for services rendered will be as indicated below and invoiced monthly on a percent -complete basis. Traffic Impact Study Roadway Coordination, Schematic and OPCC Total................................................................... ......................................................(lump sum) $49,800 ........................................................(lump sum) $9,600 .................................................................... $59,400 2024.03716 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/06/2025 Name Zach Hurst Department DPW BPW Date 01/14/2025 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer 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 n Other: n Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information American Structureooint ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached Yes ❑ No Madison Lifestyle District 123-074 River West DA TIF PO-0029313 This Change: $59,400; Revised Amount: $728,710 Amendment #5 adds in a traffic impact study to promote improvements for the Main Street / Marion Street intersection. For Chance Orders Onl Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount $ Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: