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HomeMy WebLinkAboutAmendment No. 9 to PSA Seitz Park Phase II Proj No 125-041 - SmithGroup, Inc.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 July 22, 2025 Ms. Emily McKinnon SmithGroup, Inc. 201 Depot St., Second Floor Ann Arbor, MI 48104 Emily.mckinnongsmithgroup. com RE: Amendment No. 9 to Owner -Engineer Agreement Dear Ms. McKinnon: At its July 22, 2025 meeting, the Board of Public Works approved the above referenced amendment for the updating design and bidding for Seitz Phase II, Riverwalk from Sietz to Howard Park, Project No. 125-041 in the amount of $89,790. 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/HiIlary Horvath Hillary Horvath, Clerk Enclosures HH ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou This is EXHIBIT K, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Dec 12, 2017. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. _9 1. Background Data: a. Effective Date of Owner -Engineer Agreement: Dec 12, 2017 b. Owner: Board of Public Works, City of South Bend, Indiana C. Engineer: SmithGroup Inc. (Formerly SmithGroupJJR Inc.) d. Project: Seitz Park Reconstruction, South Bend Project No. 117-093 2. Description of Modifications: a. Engineer shall perform or furnish the following Additional Services: 1) The scope of services is for updating and finalizing Phase II construction bid documents (drawings and specifications) (Task 5) based on a bid date of October 24, 2025 (documents completion), permitting, and bid and award services. 2) The scope of services to include updates to the original Phase II design work using the prior bid documents for Phase II dated October 25, 2021 as the basis of design as follows: a) Review and validate the structural detailing for the pile supported ramps, platforms, and walkways. b) Additional topographic survey under E. Jefferson Blvd. Bridge and south of bridge in expanded work limits. c) Review and validate the floating dock and gangway detailing (originally bid in Phase I documents, but not installed). d) Provide structural engineering design for the north side E. Jefferson Blvd. bridge stair in lieu of delegated design including the addition of the guardrail and railings to utilize the same design detailing as Phase I guardrails. e) Extension of project boundary to the north of the existing project boundary approximately 50' to include concrete sidewalk removal and replacement adjacent to the East Race. f) Validate and update the following based on Phase I construction administration observations: guardrails, deck topping, south Jefferson Blvd. stair, widening of platform over East Race bridge (no headwalls included), landscape palette, and site furnishings. g) Include new lighting under the E. Jefferson Blvd. bridge. h) All other items from previous bid documents remain as designed. 3) Permitting: 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. a) Renew and obtain permitting (prior approvals have expired) to include the following: Rule 5 Soil Erosion Control, INDR Construction in a Floodway permit, USACE Regional permit, IDEM Rule 401 Permit, Plan Approval from St. Joseph County Department of Infrastructure Planning & Growth for work within E. Jefferson Blvd. right of way, and City of South Bend Building Department Permit. Effort to include virtual preapplication meetings. 4) Meetings during Documentation: a) Weekly Owner meetings to review project status, schedule and discussion via virtual methods. 5) Bidding and Award Services a) Participation in pre -bid conference (1 meeting virtually), respond to questions from bidders, and clarification or interpretations of the bidding documents, attendance at bid opening, and documentation and distribution of bidding results. b) Consideration, analysis, comparisons, and recommendations relative to substitutions proposed by bidders prior to receipt of bids. c) Assistance in the validation of bids, participation in review of bids and alternates, evaluation of bids, and recommendation on award of contract. d) Assumes a 4-week bid and award period. 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) The remaining contract fee authorized under prior amendments for Phase I and Gintz Drive construction will be used for the Phase II scope of services described above. c. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation on an hourly not -to - exceed basis: 1) Task 5: Documentation, Permitting and Bid Services (Phase II) — Eighty -Three Thousand Two -Hundred Ninety Dollars ($83,290). d. The schedule for rendering services is modified as follows: 1) Extends Phase II completion date to November 28, 2025 (at conclusion of Bid and Award services). 5. Agreement Summary (Reference only) a. Original Agreement amount: $ 186,400 b. Net change for prior amendments: $ 1,344,405 c. This amendment amount (hourly): $ 89,790 d. Adjusted Agreement amount: $ 1,434,195 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 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. 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 June 18, 2025. Ce1iviol" ENGINEER: By: By: Title: Title Date Signed: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member qyr�. Murray L. Miller, Member Emily S McKinnon, PE Vice President Date Signed: June 18, 2025 Joseph R. Molnar, Vice President Breana Micou, Member Attest: Madeline Hostetler, Acting Clerk Date: July 22, 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. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 07/17/2025 Name: Patrick Sherman Department of Public Works — Engineering Division BPW Date: 07/22/2025 Phone Extension: 5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ® Attorney Name Purchasing ❑ Michael Schmidt 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 JJR Information New Vendor L] Yes L] If Yes, Approved by Purchasing ® No MBE/WBE Contractor ❑ WBE Completed E-Verify Form Attached Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Seitz Park South Riverwalk Phase 2 125-041 River East TIF PR-00042147 $89,790.00 EJCDC Amendment ❑ Yes ❑ No Updating design and bidding for Seitz Phase 2. The riverwalk from Seitz to Howard Park. For Change Orders Only 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: