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HomeMy WebLinkAboutAmendment No 2 to OEA - Riverfront West Urban Development Proj No 121-067 - Lochmueller Group 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 April 8, 2025 Jessica Clark, PE Lochmueller Group, Inc. 112 West Jefferson Blvd., Suite 500 South Bend, IN 46601 j clark(cblocharoup.com RE: Amendment No. 2 to Owner Engineer Agreement Dear Ms. Clark: At its April 8, 2025 meeting, the Board of Public Works approved the above referenced Amendment for Engineering Services for the Riverfront West Urban Neighborhood Development in the amount of $48,185. Enclosed please find a copy of the signed 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 This is EXHIBIT K, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 28, 2025. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 2 1. Background Data: a. Effective Date of Owner -Engineer Agreement: January 28, 2025 b. Owner: Board of Public Works, City of South Bend C. Engineer: Lochmueller Group, Inc. d. Project: Riverfront West Urban Neighborhood Development 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: • Platting and Boundary Survey o Prepare Primary Plat, Secondary Plat, and Boundary Retracement Survey in accordance with IAC865 1-12 "Rule 12" o Title Reports for 12 parcels as shown in Exhibit "A" o Attend meetings, including: Plan Commission, TAC, Public Works, and County Auditor review prior to recording. o Record Primary Plat and Secondary Plat, included recording fees to County Recorder and County Auditor o Preform Quality Control • Datum Conversion • Clarification of Landscaping Design Services as follows: 1. Project Management and Meetings - internal team coordination and management and project coordination meetings with the City and design team for a total of up to ten (10) Teams meetings. 2. Preliminary Master Layout Plan — preparation of 10% street tree plans for all City streets on the Development Plan. 2.1. Data Collection — review the City requirements, ordinances, and development standards. 2.2. Base Sheet Preparation — obtain drawings from engineers and architects to create a composite base sheet in AutoCAD. 2.3. Master Street Tree Plan - tree layout over the engineering drawings and a preliminary plant list and tree planting strategy for biodiversity. 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. 2.4. Color Rendered Streetscape Plan — color rendering in AutoCAD to include hardscape and landscape streetscape components in the right of way. 2.5. Master Plan Cost Estimate - cost estimate for landscape items based on generic total tree quantities, planting mix, mulch, etc. for the whole development. 2.6. QA/QC and Revisions - one (1) round of revisions will be provided to coordinate the City comments, architectural revisions, and engineering and utility refinements. 3. Preliminary Design — preparation of 90% street tree plans for Phase 1 the development and the new street (Fellows Street) between East Jefferson and Western Avenue Extended. 3.1. Preliminary Tree Plan — preliminary tree layout for Phase 1 trees to include architectural, engineering, and utility coordination. 3.2. Preliminary Technical Specifications — technical specifications for planting, soil preparation, and seeding/sodding. 3.3. Preliminary Cost Estimate - cost estimate for landscape items based on generic total tree quantities and preliminary quantities for planting mix, mulch, etc. for Phase I. 3.4. QA/QC and Revisions - one (1) round of revisions will be provided to coordinate the City comments, architectural revisions, and engineering and utility refinements. 4. Final Design —preparation of 100% street tree plans for Phase 1 the development and the new street (Fellows Street) between East Jefferson and Western Avenue Extended. 4.1. Final Tree Plan — preliminary tree layout for Phase 1 trees to include architectural, engineering, and utility coordination. 4.2. Final Technical Specifications — technical specifications for planting, soil preparation, tree planting method ((Silva Cell, structural soil, reinforced soil, etc.) and seeding/sodding. 4.3. Final Cost Estimate - cost estimate for landscape items based on final tree quantities, planting mix, mulch, etc. for Phase 1. 4.4. QA/QC and Revisions - one (1) round of revisions will be provided to coordinate the City comments, architectural revisions, and engineering and utility refinements. 5. Bidding Documents and Bidding — preparation of bidding documents for street trees and bid form. Bidding support with RFI and contractor questions. 6. Construction Administration — review submittals for tree planting method (Silva Cell, structural soil, reinforced soil, etc.) Submittals and construction observation for street tree planning conditions, review of submittals, tree quality, and tree planting on site and the punch list is by City of South Bend. b. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Refer to Exhibit C1 Compensation Packet BC-1 Basic Services — Lump Sum and Exhibit C2 Compensation Packet BC-2 Basic Services — Standard Hourly Rates C. The schedule for rendering services is unchanged: 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. Preliminary Layout mid -March 2025 Preliminary Plans (Phase 1) mid -April 2025 Final Plans and Specifications (Phae 1) end of May 2025 Letting June 24, 2025 d. Other portions of the Agreement (including previous amendments, if any) are modified as follows: not applicable 5. Agreement Summary (Reference only) a. Original Agreement amount: $141,700.00 b. Net change for prior amendments: $613,500.00 c. This amendment amount: $48,185.00 d. Adjusted Agreement amount: $803,385.00 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 March 4, 2025. OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS vl�a Elizabeth A. Maradik, President Gary A. Gilot, Member mw— Murray L. Miller, Member Joseph R. Molnar, Vice President Breana Micou, Member Attest: Theresa M. Heffner, Clerk Date: April 8, 2025 ENGINEER: By: Jessica Clark, PE Title: Northern Indiana Regional Leader Date Signed: March 13, 2025 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. This is EXHIBIT C1, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 28, 2025. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services — Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) -Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. A Lump Sum not -to -exceed amount of $48,185.00 based on the following estimated distribution of compensation: a. Platting and Boundary Survey per IAC865 1-12 "Rule 12" $42,535.00 b. Datum Conversion $5,650.00 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. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding nine months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. Page 1 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment 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 C2, consisting of 6 pages, referred to in and part of the EXHIBIT K to the Agreement between Owner and Engineer for Professional Services dated March 4, 2025. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-2: Basic Services — Standard Hourly Rates Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation For Basic Services (other than Resident Project Representative) — Standard Hourly Rates Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer's personnel times Standard Hourly Rates for each applicable billing class for all services performed on the Project, plus Reimbursable Expenses and Engineer's Consultants' charges, if any. 2. Engineer's Reimbursable Expenses Schedule and Standard Hourly Rates are attached to this Exhibit C as Appendices 1 and 2. 3. The total compensation for services under Paragraph C2.01 is estimated to be $613,500.00 based on the following estimated distribution of compensation: a. Water Resources Analysis, Design & Permits b. Water Resources Modeling, if necessary c. Preliminary Street Lay -out d. Street Design, Plans & Contract Documents (Phase 1) e. Lighting Design & Plans (Phase 1) f. Landscaping (Phase 1) g. Project Management & Meetings h. Utility Coordination $295,700.00 $7,400.00 $49,100.00 $85,800.00 $22,800.00 $41,100.00 $54,400.00 $23,800.00 Page 1 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. i. Construction & Bid Phase Services $33,400.00 4. Engineer may alter the distribution of compensation between individual phases of the work noted herein to be consistent with services actually rendered, but shall not exceed the total estimated compensation amount unless approved in writing by Owner. See also C2.03.C.2 below. 5. The total estimated compensation for Engineer's services included in the breakdown by phases as noted in Paragraph C2.01.A.3 incorporates all labor, overhead, profit, Reimbursable Expenses and Engineer's Consultants' charges. 6. The amounts billed for Engineer's services under Paragraph C2.01 will be based on the cumulative hours charged to the Project during the billing period by each class of Engineer's employees times Standard Hourly Rates for each applicable billing class, plus Reimbursable Expenses and Engineer's Consultants' charges. 7. The Standard Hourly Rates and Reimbursable Expenses Schedule will be adjusted annually (as of January) to reflect equitable changes in the compensation payable to Engineer. C2.02 Compensation For Reimbursable Expenses A. Owner shall pay Engineer for all Reimbursable Expenses at the rates set forth in Appendix 1 to this Exhibit C. B. Reimbursable Expenses include the following categories: transportation and subsistence incidental thereto; providing and maintaining field office facilities including furnishings and utilities; toll telephone calls and mobile phone charges; reproduction of reports, Drawings, Specifications, Bidding Documents, and similar Project -related items in addition to those required under Exhibit A. In addition, if authorized in advance by Owner, Reimbursable Expenses will also include expenses incurred for the use of highly specialized equipment. C. The amounts payable to Engineer for Reimbursable Expenses will be the Project -related internal expenses actually incurred or allocated by Engineer, plus all invoiced external Reimbursable Expenses allocable to the Project, the latter multiplied by a factor of one. C2.03 Other Provisions Concerning Payment A. Whenever Engineer is entitled to compensation for the charges of Engineer's Consultants, those charges shall be the amounts billed by Engineer's Consultants to Engineer times a factor of one. B. Factors. The external Reimbursable Expenses and Engineer's Consultants' factors include Engineer's overhead and profit associated with Engineer's responsibility for the administration of such services and costs. Page 2 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Estimated Compensation Amounts: 1. Engineer's estimate of the amounts that will become payable for specified services are only estimates for planning purposes, are not binding on the parties, and are not the minimum or maximum amounts payable to Engineer under the Agreement. 2. When estimated compensation amounts have been stated herein and it subsequently becomes apparent to Engineer that the total compensation amount thus estimated will be exceeded, Engineer shall give Owner written notice thereof, allowing Owner to consider its options, including suspension or termination of Engineer's services for Owner's convenience. Upon notice, Owner and Engineer promptly shall review the matter of services remaining to be performed and compensation for such services. Owner shall either exercise its right to suspend or terminate Engineer's services for Owner's convenience, agree to such compensation exceeding said estimated amount, or agree to a reduction in the remaining services to be rendered by Engineer, so that total compensation for such services will not exceed said estimated amount when such services are completed. If Owner decides not to suspend the Engineer's services during the negotiations and Engineer exceeds the estimated amount before Owner and Engineer have agreed to an increase in the compensation due Engineer or a reduction in the remaining services, then Engineer shall be paid for all services rendered hereunder. To the extent necessary to verify Engineer's charges and upon Owner's timely request, Engineer shall make copies of such records available to Owner at cost. Page 3 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Appendix 1 Engineer's Reimbursable Expenses Schedule Permit fees Advertising/publishing fees Plan set reproduction Page 4 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Appendix 2 Engineer's Standard Hourly Rates LaGHMVELLER GROUP Employee Classification Class Code 2025 Straight time Billable Rate Administrative Assistant ZSA $91.80 3D Visual Design 3DV $143.24 Construction Project Supervisor I CB1 $144.07 Construction Project Supervisor 11 CB2 $172.94 Construction Engineer I CE1 $128.52 Construction Engineer II CE2 $167.01 Construction Engineer III CE3 $191.10 Construction Inspector I C11 $107.41 Construction Inspector 11 C12 $129.09 Corporate Administrator ZMA $136.95 Engineer Designer I ED1 $117.46 Engineer Designer 11 ED2 $142.40 Engineer Designer III ED3 $154.97 Engineer Designer IV ED4 $175.96 Engineering Intern I Ell $113.52 Engineering Intern II E12 $120.37 Engineering Intern II E13 $132.20 Engineering Tech I ET1 $85.97 Engineering Tech 11 ET2 $104.19 Engineering Tech III ET3 $152.65 Environmental Specialist I PB1 $98.50 Environmental Specialist 11 PB2 $119.80 Environmental Specialist III PB3 $142.83 Environmental Specialist IV PB4 $173.82 Environmental Geologist PLG $181.94 Environmental Technician PT2 $110.17 Field Lab Technician I FLT1 $89.35 Graphic Designer YGR $99.81 Historian/Section 106 Specialist 11 PH2 $94.03 Historian/Section 106 Specialist III PH3 $153.73 Historian/Section 106 Specialist IV PH4 $172.44 ITS stem Specialist CSS $192.10 Lead Utility & Railroad Coordinator UC3 $167.13 Professional Surveyor LS4 $211.72 Project Engineer I EN1 $146.64 Page 5 Exhibit C -Compensation Packet BC-2: Basic Services (other than RPR) - Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Employee Classification Class Code 2025 Straight time Billable Rate Project Engineer II EN2 $156. 23 Project Engineer III EN3 $183.45 Project Engineer IV EN4 $205.30 Project Liason EPL $173.42 Realty Specialist RES $113.48 ROW Service Specialist RSS $162.32 Senior Appraiser RSA $189.80 Senior Engineer I ENS1 $228.47 Senior Engineer II ENS2 $255.15 Senior Trans oration Planner I TPS $199.29 Landscape Architect LA $144.70 Senior Landscape Architect LA1 $249.37 Senior Project Manager I ESM1 $235.53 Senior Project Manager II ESM2 $280.78 Senior Project Manager III ESM3 $332.60 Senior Project Manager IV ESM4 $355.29 Student Intern EST $71.23 Survey Party Chief II SP2 $121.77 Survey Party Chief III SP3 $143.17 Survey Technician SVT $87.07 Transportation Planner I TP1 $102.25 Transportation Planner II TP2 $121.56 Transportation Planner I TP3 $141.49 Utility & Railroad Coordinator I UC1 $113.48 Utility & Railroad Support UCS $108.14 Page 6 Exhibit C —Compensation Packet BC-2: Basic Services (other than RPR) — Standard Hourly Rates Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright c0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. ENGINEERMG,1 INC. March 25, 2025 Jill DiTommaso, PE Lochmueller Group 8001 Broadway, Suite 400 Merillville, IN 46410 PROPOSAL RE; River West Project South Bend Indiana Platting and Boundary Survey per IAC865 1-12 "Rule 12" Consulting Engineers 5925 Lakeside Blvd. Indianapolis, IN 46278 Phone (317)290-9549 Fax (317) 290-9560 6949 Kennedy Avenue Unit F Hammond, IN 46323 Phone(219) 844-6752 Fax (219) 844-6795 Title Reports $9,000.00 Boundary Survey $18,500.00 Primary Plat $4,500.00 Secondary Plat $5,600.00 Document Recording and Meetings $3,500.00 Datum Conversion $5,650.00 Quality Control $1,435.00 $48,185.00 Approximate location of the boundary and the plat is on attached Exhibit "A". All easements found will per Title Search will be plotted on the survey. TOTAL Benson G. Hinshaw P.S. $48,185.00 STREETS — HIGHWAYS -- TRAFFIC — STRUCTURES — WATER -SEWER — SURVEYING — RIGHT-OF-WAY SERVICES ACTIVE MEMBERSHIPS: ■ pannmw Ma INDIANA SOCIETY INTERNATIONAL e= TYANSPOY7RriON ►M9MGV1 !)C�ErY OF OF PROFESSIONAL RIGHT OF WAY WGWESRS CML ENGMU is LAND SURVEYORS, INC. --- ASSO(2AMN < Quick To�o!ls�ll :JEFERERSON:B11 D 71 z Ti l LU II III + CD III :g 0 A' T E07 -MPNR()F-9-T- FIT IF f-:1-7E dF1 UMA Project Name: River West Development Client ' City of South Rend TASK DESCRIPTION �0®000000®� �000000000 OMMit ��o®o000000 i�®0oo0000® �m0000��o® ML IIIIIIIIIIIIIL DIRECT EXPENSES No. No. Unit SUBCONSULTANT FEES �—THL FEE: $41,100.00 � BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 3/27/2025 Name: Charlotte Brach Department of Public Works — Engineering Division BPW Date: 4/8/2025 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or 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 I-1 Other: I -I Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Amount of Previous Amount Information Lochmueller Group, Inc. ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 121-067 Riverfront West Urban Neighborhood Development PROJ605 Riverfront West Development Area TIF PO # 36167 $48,185.00 (new contract total: $803,385.00) HNTE N/A Amendment No. 2 to the Professional Services Agreement with Lochmueller Group for Engineering Services for the Riverfront West Urban Neighborhood Development. This amendment will add boundary survey and the major subdivision for the development. For Change Orders Onlv ❑ Increase ❑ Decrease Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: