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HomeMy WebLinkAboutAmendment No 4 to PSA Grant Assistance Proj No 121-067 - Lochmueller February 10, 2026 Ms. Jessica J. Clark Lochmueller Group, Inc. 112 West Jefferson Blvd., Suite 500 South Bend, IN 46601 jclark@lochgroup.com RE: Amendment No. 4 to Professional Services Agreement Dear Ms. Clark: At its February 10, 2026 meeting, the Board of Public Works approved the above referenced amendment for the grant writing assistance for the Riverfront West Neighborhood Development, Project No. 121-067. 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 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 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated January 27, 2026. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. _4____ 1.Background Data: a.Effective Date of Owner-Engineer Agreement: January 30, 2026 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: [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: Project Understanding CONSULTANT understands the following scope of work is to support the CLIENT prepare a FY 2026 Better Utilizing Investments to Leverage Development (BUILD) grant application for a BUILD-eligible implementation project for the Riverfront West development. The scope of work includes the following to support sections D.5, D.6, and D.8 of the FY 2026 BUILD Grants Notice of Funding Opportunity (NOFO): 1) Updating the FY 2025 BUILD grant application project cost estimates 2) Updating the Benefit-Cost Analysis with supporting narrative 3)Assistance with the Merit Criteria narrative Scope of Work 1.0 Project Management and Administration 1.1 Kick-off meeting with CLIENT to discuss project approach, data/document needs, BUILD grant requirements, key milestones, and review period(s) 1.2 Weekly coordination meetings between CLIENT and CONSULTANT for the duration of the project 1.3 Quality control for written and graphic material that includes an internal peer review prior to submittal 2.0 Project Cost Estimate 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. 2.1 Review the previous grant application’s cost estimate and concept plan provided by CLIENT 2.2 Adjust unit costs and soft costs such as right-of-way, utilities, inflation, and contingencies based on CONSULTANT understanding of project and current industry unit costs 2.2.1 Materials and quantities contained within the cost estimate for CLIENT-provided concept plan will not be reviewed/verified 2.3 Provide cost estimate data to CLIENT for inclusion in CLIENT’s budget narrative per section D.5 3.0 Limited Benefit-Cost Analysis 3.1 Download the latest USDOT Benefit-Cost Analysis template for FY 2026 (dated 12.23.2025) and input information from the previous grant application 3.2 Update the crash analysis and costs sections per section D.8 of the NOFO 3.2.1 Sections associated with vehicle operations, emissions, or time savings will not be completed due to lack of traffic analysis results 3.3 Review other benefit sections for potential benefits not previously identified 4.0 Grant Narrative Assistance 4.1 Review, comment, or expound on the Merit Criteria narrative provided by CLIENT as defined in section D.6 of the NOFO 4.2 Review, comment, or update the previous Benefit-Cost Analysis Narrative provided by CLIENT as defined in section D.8 of the NOFO to accurately support the limited Benefit-Cost Analysis calculation spreadsheet 4.3 Update CONSULTANT’s draft application documentation deliverables to incorporate one round of CLIENT review comments 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: c. The responsibilities of Owner are modified as follows: The following items and services are necessary to complete the scope of work. The CLIENT will provide these items to the CONSULTANT: • Relevant planning documents incorporating the study area • Relevant concept plans, project descriptions, calculations • Past project cost estimates, including updated operations and maintenance costs, in spreadsheet format and documented funding commitment(s) • Any data available as part of previous planning studies • Crash data (2020-2024) from MACOG and City Police Department 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. d. 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 C Compensation Packet BC-3. The services described above will be performed on an hourly and expense rate basis in accordance with the rates set forth in Appendix 3. e.The schedule for rendering services is modified as follows: Services pertaining to these additiotnal services will be completed on or before February 24, 2026. f.Other portions of the Agreement (including previous amendments, if any) aremodified as follows: Exhibit C Compensation Packet BC-3 Appendix 3 Engineer Standard Hourly Rates - 2026 5. Agreement Summary (Reference only) a. Original Agreement amount:$____$141,700.00____ b. Net change for prior amendments:$____$881,485.00____ c. This amendment amount:$____$ 0.00____ d. Adjusted Agreement amount:$___$1,023,185.00____ 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 _January 30, 2026_________________. OWNER: ENGINEER: By: By: Jessica J. Clark, PE Title: Title: Northern Indiana Regional Leader Date Signed: Date Signed: January 27, 2026 February 10, 2026 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 C, consisting of 7 pages, referred to in and part of the EXHIBIT K to the Agreement between Owner and Engineer for Professional Services dated January 27, 2026. Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-3: 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, 2, and 3. 3. The total compensation for services under Paragraph C2.01 is estimated to be a net-zero change based on the following estimated distribution of compensation: a. Water Resources Analysis, Design & Permits -$17,900.00 g. Grant Application Assistance +$17,900.00 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 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. 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 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. 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 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 1 Engineer’s Reimbursable Expenses Schedule Permit fees Advertising/publishing fees Plan set reproduction 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. Appendix 2 Engineer’s Standard Hourly Rates 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 II CB2 $172.94 Construction Engineer I CE1 $128.52 Construction Engineer II CE2 $167.01 Construction Engineer III CE3 $191.10 Construction Inspector I CI1 $107.41 Construction Inspector II CI2 $129.09 Corporate Administrator ZMA $136.95 Engineer Designer I ED1 $117.46 Engineer Designer II ED2 $142.40 Engineer Designer III ED3 $154.97 Engineer Designer IV ED4 $175.96 Engineering Intern I EI1 $113.52 Engineering Intern II EI2 $120.37 Engineering Intern II EI3 $132.20 Engineering Tech I ET1 $85.97 Engineering Tech II ET2 $104.19 Engineering Tech III ET3 $152.65 Environmental Specialist I PB1 $98.50 Environmental Specialist II 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 II PH2 $94.03 Historian/Section 106 Specialist III PH3 $153.73 Historian/Section 106 Specialist IV PH4 $172.44 IT System Specialist CSS $192.10 Lead Utility & Railroad Coordinator UC3 $167.13 Professional Surveyor LS4 $211.72 Project Engineer I EN1 $146.64 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 © 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 Liaison 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 Transportation 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 Appendix 3 Engineer’s Standard Hourly Rates See Attached pdf for 2026 hourly rates. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 2/03/2026 Name: Nifemi Oluwatomini Department of Public Works – Engineering Division BPW Date: 2/10/2026 Phone Extension: 0615 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 Lochmueller Group New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 121-067 Riverfront West Urban Neighborhood Development Project Number PROJ605 Funding Source River West Development Area TIF Account No. PO #36167 Amount $0 Terms of Contract HNTE Special Contract Provisions N/A Purpose/Description Amendment No 4. To the professional service agreement with Lochmueller Group for grant writing assistance and benefit cost analysis services for the BUILD grant application. Adding new Grant Application Assistance task, shifting available funds from the Water Resources Analysis, Design & Permits tasks 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: