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HomeMy WebLinkAboutAmendment No. 1 to OEA - Walker Field Park Restroom Proj No 125-024 - KIL Architecture ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU CITY HALL 215 S. MARTIN LUTHER KING JR. BLVD., SUITE 400 SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 12, 2025 Mr. Gregory A. Kil Kil Architecture and Planning 1126 Lincolnway East South Bend, IN 46601 gkil@kilarchitecture.com RE: Amendment No. 1 to Owner-Engineer Agreement Dear Mr. Kil: At its November 12, 2025 meeting, the Board of Public Works approved the above referenced amendment for the design and construction plans for the restroom building at Walker Field Park in the amount of $30,000. 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/ Hillary Horvath Hillary Horvath, Clerk Enclosures HH 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. This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated March 25, 2025. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _01____ 1.Background Data: a.Effective Date of Owner-Engineer Agreement: March 25th, 2025 b.Owner:Board of Public Works, City of South Bend, Indiana c.Engineer:Kil Architecture/Planning d.Project:Proposed Study of the Existing Field Walker Field house and the Addition of a Predesigned Restroom Structure 2.Description of Modifications: [NOTE TO USER: Include the following paragraphs that are appropriate and delete those not applicable to this amendment. Refer to paragraph numbers used in the Agreement or a previous amendment for clarity with respect to the modifications to be made. Use paragraph numbers in this document for ease of reference herein and in future correspondence or amendments.] a.Engineer shall perform or furnish the following Additional Services: See Exhibit B: Kil Architecture/Planning Agreement for Preliminary Architectural Design and Planning Services for the Walker Field House Amendment 1 dated October 21, 2025. 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: A. DETAILED BIDDING, PERMIT and CONSTRUCTION DOCUMENTS: Based upon the approved Schematic Design drawings, the Architect will prepare detailed bidding, permit and construction documents for the project. B.DELIVERABLES FOR BIDDING, PERMIT, AND CONSTRUCTION DOCUMENTS:1.Site Plan2.Utility Locates3.Fieldhouse Floor Plan4.Field House Elevations5.Restroom Kit Foundation Plans6.Restroom Kit Plans and Elevations (Provided by Others)7.Building Sections (2 through building sections) with dimensions and notes8.Details9.Specifications provided as notes on drawings10.Specifications for Alternate #1 – Removal and regrading of Existing Tennis Courts (Time and Material for this Specification if not provided by Owner) 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. 11. Specifications for Alternate #2 – Seal & Stripe existing parking lot (Provided by Owner) C. BIDDING AND CONSTRUCTION ADMINISTRATION PHASE: As requested by Owner, Architect is available to bid the project with contractors and provide construction administration for the project. The Architect requests a minimum of 3 site visit during construction to confirm the building is being built in accordance to the approved drawings. c.The responsibilities of Owner are modified as follows: 1. Provide Restroom Kit Plans and Elevations (Provided by Others) 2. Specifications for Alternate #1 – Removal and regrading of Existing Tennis Courts (May be Provided by Owner, otherwise developed by Archtiect on a Time and Materials Basis beyond the Based Phase II fee.) 3. Specifications for Alternate #2 – Seal & Stripe existing parking lot (Provided by Owner) d.For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Hourly Rate or Fee Per Scope e.The schedule for rendering services is modified as follows: To Be Determined per review with Owner and Architect. f.Other portions of the Agreement (including previous amendments, if any) are modified as follows: See Exhibit B: Kil Architecture/Planning Agreement for Preliminary Architectural Design and Planning Services for the Walker Field House Amendment 1 dated October 21, 2025 5. Agreement Summary (Reference only) a. Original Agreement amount:$__ _8,250.00______ b. Net change for prior amendments:$__________________ c. This amendment amount:$___30,000.00_______ d. Adjusted Agreement amount:$_ _38,250.00________ 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 October 22, 2025_. OWNER: ENGINEER: 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. By:By: Gregory A Kil, NCARB, AIA, Architect Title:Title:President Date Signed: Date Signed:10/22/2025 November 12, 2025 SUPPLEMENTARY AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND GREGORY A. KIL & ASSOCIATES INC. FOR ARCHITECTURAL SERVICES CITY OF SOUTH BEND AND GREGORY A. KIL & ASSOCIATES, INC. (d/b/a Kil Architecture/Planning) Architectural Design and Planning Services for the Proposed Study of the Existing Walker Field House and Addition of a Predesigned Restroom Structure Original Agreement Dated 03/19/2025 10/21/2025 Walker Field House Amendment 1 Kil A/P # 25010 Page 1 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X Section II. DETAILED BIDDING, PERMIT AND CONSTRUCTION DOCUMENTS (PHASE II): REPLACE WITH THE FOLLOWING: A. DETAILED BIDDING, PERMIT and CONSTRUCTION DOCUMENTS: Based upon the approved Schematic Design drawings, the Architect will prepare detailed bidding, permit and construction documents for the project. B. DELIVERABLES FOR BIDDING, PERMIT, AND CONSTRUCTION DOCUMENTS: 1. Site Plan 2. Utility Locates 3. Fieldhouse Floor Plan 4. Field House Elevations 5. Restroom Kit Foundation Plans 6. Restroom Kit Plans and Elevations (Provided by Others) 7. Building Sections (2 through building sections) with dimensions and notes 8. Details 9. Specifications provided as notes on drawings 10. Specifications for Alternate #1 – Removal and regrading of Existing Tennis Courts (Provided by Owner) 11. Specifications for Alternate #2 – Seal & Stripe existing parking lot (Provided by Owner) C. BIDDING AND CONSTRUCTION ADMINISTRATION PHASE: As requested by Owner, Architect is available to bid the project with contractors and provide construction administration for the project. The Architect requests a minimum of 3 site visit during construction to confirm the building is being built in accordance to the approved drawings. Section III. COMPENSATION SECTION A.c: Replace with the Following: A.c. The phase II Detailed Bidding, Permit and Construction Documents Phase (Scope Items A, and B above will be developed at a fee of $21,000.00* (twenty-one thousand dollars) *This includes an allowance of $3,000.00 for MEP Engineering depending on the Restroom Kit selected. Section III. COMPENSATION SECTION: Add the Following: A.d.Bidding and Construction Administration (Scope Item C as noted under Article II above) will be performed on an hourly rate basis as requested by the Owner. Section V. Work Scope Qualifications: Replace with the Following: e. Civil Engineering is not included in the scope of this agreement and is not anticipated but can be provided as an addition serviced if requested by Owner. f. Structural Engineering is limited to the foundation for the restroom kit (proposed reinforced concrete trench foundation/integral slab on grade). Additional Structural engineering is not anticipated nor included in the scope of this agreement. If additional Structural Engineering is requested by the Owner it can be provided as an additional service. MEP Engineering is EXHIBIT B - EJCDC SUPPLEMENTARY AMENDMENT #1 TO THE AGREEMENT BETWEEN THE CITY OF SOUTH BEND AND GREGORY A. KIL & ASSOCIATES INC. FOR ARCHITECTURAL SERVICES CITY OF SOUTH BEND AND GREGORY A. KIL & ASSOCIATES, INC. (d/b/a Kil Architecture/Planning) Architectural Design and Planning Services for the Proposed Study of the Existing Walker Field House and Addition of a Predesigned Restroom Structure Original Agreement Dated 03/19/2025 10/21/2025 Walker Field House Amendment 1 Kil A/P # 25010 Page 2 1 1 2 6 L I N C O L N W A Y E A S T S O U T H B E N D I N 4 6 6 0 1 ( 5 7 4 ) 2 8 8 . 2 6 5 4 V O I C E 2 8 9 . 2 4 2 0 F A X not included beyond site utilities location and Mechanical and Electrical tie-ins for the restroom kit. It is understood that MEP design for the restroom will be part of the Restroom Kit Plans and MEP design for the remodeling is not anticipated or included in the Scope of Work All other sections of the agreement dated 03/19/2025 remain in full effect. If Owner Approves this Amendment Agreement as state above, please countersign below and we can begin our study. _______________________________________________________________ Owner (Signature)Architect (Signature) ________________________________Gregory A Kil, Architect_ _ ____ Printed name and title Printed name and title ________________________________October 21, 2025_________________ date date END OF AMENDMENT #1 TO 03/19/2025 AGREEMENT EXHIBIT B - EJCDC November 12, 2025 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 11/06/2025 Name: Patrick Sherman Department of Public Works – Engineering Division BPW Date: 11/12/2025 Phone Extension: 5601 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt 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 KIL Architecture and Planning New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Walker Field Restroom Building Project Number 125-024 Funding Source 456-10-101-121-444000Account No. PO # 0037287 Amount $30,000.00 Terms of Contract EJCDC – Amendment #1 Special Contract Provisions Purpose/Description Design development and construction plans for restroom building at Walker Field Park. 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: