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PSA - Restoration of Tennis Courts at Marshall Park Proj No 125-026- WBK Engineering
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 June 24, 2025 Mr. Greg Chismark WBK Engineering LLC 116 W. Main St., Ste. 201 St. Charles, IL 60174 gchismark@bodwegroup.com RE: Professional Services Agreement Dear Mr. Chismark: At its June 24, 2025 meeting, the Board of Public Works approved the above referenced agreement for the development of plans for the restoration of the tennis courts at Marshall Park in the amount of $15,612.50. Enclosed please find the original of the agreement for your signature. Please sign and return the agreement to hhorvath@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Hillary Horvath Hillary Horvath, Acting Clerk Enclosures HH Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of 6/24/2025 (“Effective Date”) between Board of Public Works, City of South Bend, Indiana ("Owner") and WBK Engineering LLC (“Engineer”). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: South Bend VPA Court Renovation – Marshall Traditional School (“Project"). Engineer’s Services under this Agreement are generally identified as follows: Final Engineering Plans and Specifications (See Exhibit A) Owner and Engineer further agree as follows: 1.01 Basic Agreement and Period of Service A.Engineer shall provide, or cause to be provided, the services set forth in this Agreement. If authorized by Owner, or if required because of changes in the Project, Engineer shall furnish services in addition to those set forth above. Owner shall pay Engineer for its services as set forth in Paragraphs 7.01 and 7.02. B.Engineer shall complete its services within a reasonable time, or within the following specific time period: 45 days after notice to proceed from City. C.If the Project includes construction-related professional services, then Engineer's time for completion of services is conditioned on the time for Owner and its contractors to complete construction not exceeding 12 months. If the actual time to complete construction exceeds the number of months indicated, then Engineer's period of service and its total compensation shall be appropriately adjusted. Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2.01 Payment Procedures A.Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and submit the invoices to Owner on a monthly basis. Invoices are due and payable within 30 35 days of receipt. If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer’s invoice, then the amounts due Engineer will be increased at the rate of 1.0% per month (or the maximum rate of interest permitted by law, if less) from said thirtieth day. In addition, Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Engineer has been paid in full all amounts due for services, expenses, and other related charges. Owner waives any and all non-disputed claims against Engineer for any such suspension. Payments will be credited first to interest and then to principal. 3.01 Termination A.The obligation to continue performance under this Agreement may be terminated: 1.For cause, a.By either party upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the Agreement’s terms through no fault of the terminating party. Failure to pay Engineer for its services is a substantial failure to perform and a basis for termination. b.By Engineer: 1)upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer’s responsibilities as a licensed professional; or 2)upon seven days written notice if the Engineer’s services for the Project are delayed for more than 90 days for reasons beyond Engineer’s control. Engineer shall have no liability to Owner on account of a termination by Engineer under Paragraph 3.01.A.1.b. c.Notwithstanding the foregoing, this Agreement will not terminate as a result of a substantial failure under Paragraph 3.01.A.1.a if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of notice; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2.For convenience, by Owner effective upon Engineer's receipt of written notice from Owner. B.The terminating party under Paragraph 3.01.A may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to complete tasks whose value Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. C. In the event of any termination under Paragraph 3.01, Engineer will be entitled to invoice Owner and to receive full payment for all non-disputed services performed or furnished in accordance with this Agreement and all reimbursable expenses incurred through the effective date of termination. 4.01 Successors, Assigns, and Beneficiaries A.Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 4.01.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators, and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B.Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C.Unless expressly provided otherwise, nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any contractor, subcontractor, supplier, other individual or entity, or to any surety for or employee of any of them. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 5.01 General Considerations A.The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer’s services. Subject to the foregoing standard of care, Engineer and its consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. B.Engineer shall not at any time supervise, direct, control, or have authority over any contractor's work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Project site, nor for any failure of a contractor to comply with laws and regulations applicable to such contractor's furnishing and performing of its work. C.This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. D.Engineer neither guarantees the performance of any contractor nor assumes responsibility for any contractor’s failure to furnish and perform its work in accordance with the contract between Owner and such contractor. Engineer is not responsible for variations between actual construction bids or costs and Engineer's opinions or estimates regarding construction costs. E.Engineer shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any of their agents or employees or of any other persons (except Engineer’s own employees) at the Project site or otherwise furnishing or performing any construction work; or for any decision made regarding the construction contract requirements, or any application, interpretation, or clarification of the construction contract other than those made by Engineer. F.The general conditions for any construction contract documents prepared hereunder are to be the “Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Contract Documents Committee (EJCDC C-700, 2007 Edition) unless the parties agree otherwise. G.The Owner acknowledges the Engineer’s construction documents, including all electronic files, as instruments of professional services. Owner shall have a limited license to use the documents on the Project, extensions of the Project, and for related uses of the Owner, subject to the following limitations: (1) Owner acknowledges that such documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner’s sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and consultants from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from any use, reuse, or modification of the documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. H.To the fullest extent permitted by law, Owner and Engineer (1) waive against each other, and the other’s employees, officers, directors, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project, and (2) agree that Engineer’s total liability to Owner under this Agreement shall be limited to $50,000 or the total amount of compensation received by Engineer, whichever is greater. I.The parties acknowledge that Engineer’s scope of services does not include any services related to a Hazardous Environmental Condition (the presence of asbestos, PCBs, petroleum, hazardous substances or waste as defined by the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq., or radioactive materials). If Engineer or any other party encounters a Hazardous Environmental Condition, Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. identify and, as appropriate, abate, remediate, or remove the Hazardous Environmental Condition; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. J. Owner and Engineer agree to negotiate each dispute between them in good faith during the 30 days after notice of dispute. If negotiations are unsuccessful in resolving the dispute, then the dispute shall be mediated. If mediation is unsuccessful, then the parties may exercise their rights at law. 6.01 Total Agreement A. This Agreement (including any expressly incorporated attachments), constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 7.01 Basis of Payment—Lump Sum A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. A Lump Sum amount of $15,612.50 B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [or] 7.01 Basis of Payment—Hourly Rates Plus Reimbursable Expenses A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees 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 Standard Hourly Rates are attached as Appendix 1. 3. The total compensation for services and reimbursable expenses is estimated to be $ . [or] 7.01 Basis of Payment—Percentage of Construction Cost A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to N/A percent of the cost to construct the work designed or specified by the Engineer (“Construction Cost”). This amount includes compensation for Engineer’s Services and services of Engineer’s consultants, if any. The percentage of Construction Costs noted herein accounts for labor, overhead, profit, and reimbursable expenses. Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. As a basis for payment to Engineer, Construction Cost will be based on one or more of the following determinations with precedence in the order listed: a. For work designed or specified by Engineer and incorporated in the completed Project, the actual final cost of the work performed by Contractor. b. For work designed or specified by Engineer but not constructed, the lowest bona fide bid received from a qualified bidder for such work; or, if the work is not bid, the lowest bona fide negotiated proposal or contractor’s estimate for such work. c. For work designed or specified but not constructed, upon which no bid, proposal, or estimate is received, Engineer’s most recent opinion of probable Construction Cost. B. The portion of the compensation amount billed monthly for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. [or] 7.01 Basis of Payment—Direct Labor Costs Times Factor, Plus Reimbursables A. Using the procedures set forth in Paragraph 2.01, Owner shall pay Engineer as follows: 1. An amount equal to Engineer’s Direct Labor Costs times a factor of for services of Engineer’s employees engaged on the Project, plus reimbursable expenses, and Engineer’s consultants’ charges, if any. 2. The total compensation for services and reimbursable expenses is estimated to be $ . 7.02 Additional Services: For additional services of Engineer’s employees engaged directly on the Project, Owner shall pay Engineer an amount equal to the cumulative hours charged to the Project by each class of Engineer’s employees times standard hourly rates for each applicable billing class; plus reimbursable expenses and Engineer’s consultants’ charges, if any. Engineer's standard hourly rates are attached as Appendix 1. Attachments: Appendix 1, Engineer's Standard Hourly Rates Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: Engineer: City of South Bend, Indiana Board of Public Works WBK Engineering LLC By: By: Title: Title: Greg Chsimark, President By: Title: By: Title: By: Title: By: Title: Attest: Title: Date: Date: Engineer License or Firm's Certificate No. State of: Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Eric Horvath. Title: Acting City Engineer Title: Phone Number: (574)235-5923 Phone Number: Facsimile Number: (574) 235-9171 Facsimile Number: E-Mail Address:ehorvath@southbendin.gov E-Mail Address: 6/24/25 Appendix 1, Standard Hourly Rates Schedule EJCDC E-520 Short Form of Agreement Between Owner and Engineer for Professional Services. Copyright ©2009 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 This is Appendix 1, Engineer’s Standard Hourly Rates, referred to in and part of the Short Form of Agreement between Owner and Engineer for Professional Services dated , . Engineer’s Standard Hourly Rates A.Standard Hourly Rates: 1.Standard Hourly Rates are set forth in this Appendix 1 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 Paragraphs 7.01 and 7.02, and are subject to annual review and adjustment. B.Schedule of Hourly Rates: Hourly rates for services performed on or after the Effective Date are: See Attached Exhibit B WORK HOUR ESTIMATE FOR CONSULTING SERVICES South Bend VPA Athletic Courts - Marshall Traditional School Description Principal Engineer VI Engineer IV Engineer III Engineer II Sub-Consultant Costs In House Direct Costs Adjusted Average Hourly Rates1Data Collection Cores of Existing Court to be Removed 1 1,900.00$ Site Visit/GPS locations of exiting courts 0.5 10 Create Base Sheet (aerial photo with GPS shots)1 2 8 SUB-TOTAL 22.5 2.5 2.0 10.0 8.0 1,900.00$ 336.00$ PERCENT 11%9%44%36% 2 Engineering Plans and Bid Package Final Bid Set Cover 1 Notes 1 Existing Conditions/Removals 0.5 3 Proposed Improvements/Striping 0.5 8 Details 0.5 6 Specifications Update Prior Specs 0.5 2 Add Const and Court Specific Recommendations 0.5 4 Quantities and EOPC 0.5 4 QA Review and City Staff Review 2 2 4 SUB-TOTAL 40.0 2.0 5.0 33.0 -$ -$ PERCENT 5%13%83% 3 Construction Support Shop Drawings/Catalog Cut Review 2 4 Field Support & Precon (1-site visit)2 12 Closeout 1 2 2 SUB-TOTAL 25.0 1.0 6.0 18.0 -$ 196.00$ PERCENT 4%24%72% TOTALS 87.5 2.0 8.5 8.0 10.0 59.0 1,900.00$ 532.00$ PERCENT 2%10%9%11%67% Printed on 6/14/202510:13 AM 1 of 1 EXHIBIT A HOURS BY TASK South Bend VPA Athletic Courts - Marshall Traditional School Marshall Traditional School Cost Estimate of Consultant's Services in Dollars Employee Classification Man- Hours Hourly Rate (MH) x Hourly Rate Services by Others In-House Direct Costs (IHDC) Total 1 Data Collection 1,900.00$ 336.00$ $2,236.00 Engineer VI 2.5 $215.00 $537.50 $537.50 Engineer IV 2.0 $170.00 $340.00 $340.00 Engineer III 10.0 $152.00 $1,520.00 $1,520.00 Engineer II 8.0 $135.00 $1,080.00 $1,080.00 2 Engineering Plans and Bid Package -$ $0.00 $0.00 Principal 2.0 $254.00 $508.00 $508.00 Engineer VI 5.0 $215.00 $1,075.00 $1,075.00 Engineer IV 0.0 $170.00 $0.00 $0.00 Engineer II 33.0 $135.00 $4,455.00 $4,455.00 3 Construction Support -$ $196.00 $196.00 Engineer VI 1.0 $215.00 $215.00 $215.00 Engineer IV 6.0 $170.00 $1,020.00 $1,020.00 Engineer II 18.0 $135.00 $2,430.00 $2,430.00 Totals 87.5 13,180.50$ 1,900.00$ 532.00$ 15,612.50$ Element of Work Printed on 6/14/202510:16 AM Page 1 of 1 EXHIBIT A EXH A-HOURLY RATE WBK ENGINEERING, LLC 2025 Standard Charges for Professional Services Classification Hourly Rate Principal $ 254 Engineer VI $ 215 Engineer V $ 196 Engineer IV $ 170 Engineer III $ 152 Engineer II $ 135 Engineer I $ 120 Urban Planner VI $ 242 Urban Planner V $ 195 Urban Planner IV $ 172 Urban Planner III $ 149 Urban Planner II $ 125 Environmental Resource Specialist V $ 158 Environmental Resource Specialist IV $ 142 Environmental Resource Specialist III $ 125 Environmental Resource Specialist II $ 110 Environmental Resource Specialist I $ 99 Technician V $ 182 Technician IV $ 160 Technician III $ 145 Technician II $ 110 Technician I $ 98 Intern $ 75 Administrative $ 85 Direct Costs: Copies & Prints, Messenger & Delivery Services, Mileage, etc. Cost +10% Charges include overhead and profit. WBK Engineering, LLC reserves the right to increase these rates by 5% annually. Exhibit B Exhibit A – Scope of Services City of South Bend VPA Athletic Courts (Marshall Traditional School) 6-6-2025 The City of South Bend is interested in removing/rehabilitating tennis court facilities at the Marshall Traditional School, located at the northwest corner of Byron Drive and Springbrook Drive, in South Bend, IN. The City would like to remove the existing asphalt courts (the west courts) and restore that area to turf grass, and to rehabilitate and resurface the existing concrete courts (the east courts), including new net posts and anchors. Tasks associated with accomplishing the City’s desired objectives are provided hereafter. Also attached is an estimate of WBK’s effort and fee. Task 1 – Data Collection WBK will coordinate and procure two to four pavement cores at the discretion of the City for work within the site or for an adjacent City project. WBK will visit the project site and will collect some limited existing conditions data with a handheld GPS unit and field measurements, to assist in preparing a base sheet and in determining quantities. A full topographic survey is not anticipated or included in this scope. We will prepare an existing conditions base sheet using an aerial photo and the information collected while on site. Task 2 - Engineering Plans & Bid Package Using the base sheet created in Task 1, WBK will prepare a set of plans in accordance with City of South Bend Standards. Specifications will primarily follow those used on recent tennis court projects, with site-specific requirements added if needed. The plans will include the rehabilitation of the east courts. It is anticipated that this work will consist of a crack filler material, designed for concrete and compatible with the chosen tennis court surfacing material. A proposed striping plan will be developed, and new net p osts/anchors will be shown. No improvements to existing fencing, lighting or drainage are anticipated or included in this scope of work. All work will be reviewed internally and submitted to the City for review prior to finalizing construction / bid documents. We will incorporate the special provisions and plans into the City’s boilerplate bid documents, creating one complete set of bid documents. We will attend a virtual pre-bid meeting, and will answer questions during the bidding process . Task 3 – Construction Support This task includes review of shop drawings, material certifications and catalog cuts for compliance with the plans and specifications. Reviews will be coordinated to facilitate the contractor’s construction schedule. Review documentation will be provided to the City for each submittal. Also included is field support on concerns or interpretations through formal RFI and phone conversations with City staff. No field visits are anticipated. Support for processing change orders and project close out are also included in the scope on a limited basis. Assumptions: •Full topographic survey is not included •No drainage improvements or other utility work is necessary •No new fencing or lighting •No concrete repair other than crack filling •Wiring to the lights for the concrete court will just be reconnected so that lights continue to function (WBK will need to get from the City an as-built drawing of the underground electric to the lights, or they will need to be located in the field prior to our site visit) •No hazardous materials anticipated, and no evaluation or remediation included. •A comprehensive geotechnical report is not necessary with pavement cores as noted above. •Construction support is based on the manhours in the attached manhour estimate and scope noted herein. Only one site visit during construction is anticipated and included. Additional field visits will be authorized by City staff as a supplemental service as necessary. •Construction material testing is not included. •Bidding assistance is not included in this scope including responses to contractor questions, bid tabulation, reference checks, etc. •Preparation of formal bid documents is not included in this scope. We are providing construction plans and specifications only. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 6/16/2025 Name: Zak Tebell Department of Public Works – Engineering Division BPW Date: 6/24/2025 Phone Extension: 9358 Required Prior to Submittal to Board BPW Attorney X 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 WBK Engineering. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Marshall Park Tennis and Sidewalk Project Number 125-026 Funding Source SS Development TIF Account No. PR/PO # PR-00041659 Amount $15,612.50 Terms of Contract Lump Sum Special Contract Provisions N/A Purpose/Description Develop plans for restoration of tennis courts at Marshall Park at 1433 Byron Dr. 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: