HomeMy WebLinkAbout6A(1) O45pUT9840,t
Department of
kt 1,' Community Investment
Memorandum
Monday, September 22, 2014
TO: Redevelopment Commission
FROM: Jitin Kain
SUBJECT: Amendment to Addendum to Master Agency Agreement - Memorial Hospital
Streetscape Project-Supplement#4
Attached to this memorandum is Resolution 3251 and Addendum to the Master Agency Agreement
(Memorial Hospital Streetscape Project - Supplement#4). The Amendment revises the project
scope for work on Memorial Hospital's campus.
As commission is aware, the Memorial Streetscape improvement project began in 2007 and has
included new streetscape, building demolitions and creation of additional parking. The final piece of
the overall project was the rework of the Bartlett St. parking lot and improvements to the Michigan &
Bartlett intersection, which was put on hold while the two-way traffic discussion was occurring in
2013.
As a result of the Smart Streets initiative, a new roundabout will replace the signalized intersection of
Michigan & Bartlett.Additionally, Bartlett St. is being realigned to allow for more efficient flow of
traffic. Due to this, the scope of work by DLZ is being redefined.
The new scope includes the engineering work on the parking lot on the NW corner of Michigan and
Bartlett as well as one building demolition. The scope revision will reduce the engineering budget by
$12,150.
Staff requests approval of Resolution 3251 and Amendment to the Addendum to the Master Agency
Agreement.
227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
RESOLUTION NO.3251
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING
THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Memorial Hospital Streetscape Project—Supplement#4)
WHEREAS, effective January 1, 2014, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission") and the South Bend Board of Public Works (the "BPW") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf of
the Commission for certain projects during 2014; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Second Amendment Memorial Hospital Streetscape Bid Packages 3 & 4 Project
by way of an Addendum on June 11, 2013; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to amend the Master Agency Agreement by way of this Addendum.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Addendum to Master Agency
Agreement Memorial Hospital Streetscape Project— Supplement #4 and hereby
authorizes its execution in substantially the form attached hereto with such changes as the
Commission may deem necessary or appropriate upon the advice of counsel,said execution
thereof to be conclusive evidence of the Commission's approval of such changes. The
Clerk is hereby directed to file a copy of the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption by
the Commission.
Section 3. Commission staff members are authorized to execute on behalf of
the Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
September 25, 2014, at 9:30 a.m., in Room 1308, County-City Building, South Bend,
Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
Memorial Hospital Streetscape Improvements Project
- Supplement#4
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment"), made and entered into as of the 25th day of September, 2013, by and
between the South Bend Department of Redevelopment, acting by and through its
Redevelopment Commission (the "Commission") and the City of South Bend, Indiana, a
municipal corporation duly organized and existing pursuant to the laws of the State of
Indiana, acting by and through its Board of Public Works (the"BPW")for purposes of the
Commission designating the BPW to act as the Commission's agent to undertake the
Memorial Hospital Streetscape Improvements Project—Supplement#4 (the "Project").
WHEREAS, effective January 1,2014,the Commission and the BPW entered into
a Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2014; and
WHEREAS,effective January 1,2014,the Commission and the BPW entered into
a Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for the limited purpose of contracting for and managing the completion
of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Michigan Street S-Curve Removal Project to the Master Agency Agreement by way of
an Addendum on April 26, 2010; and
WHEREAS, the Addendum was previously amended by both the BPW and the
Commission; and
WHEREAS,the Commission and the BPW desire to further amend the Addendum
by way of this Amendment, adding Supplement#4.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged,the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW,pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project as
described in "Exhibit A" and now amended in "Exhibit B", described in "Supplemental
Agreement No. 4"attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
•
(Signature Page Follows)
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND,INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Kathryn Roos,Member
Brian Pawlowski,Member
David Relos, Member
Patrick Henthorn,Member
ATTEST:
Linda Martin, Clerk
Exhibit"A"
Memorial Hospital Streetscape Improvements Project
- Bid Packages 3 and 4
See attached Supplemental Agreement No. 3
from DLZ Indiana, LLC dated April 26, 2013
Exhibit"B"
Memorial Hospital Streetscape Improvements Project
- Supplement#4
See attached Supplemental Agreement No. 4
from DLZ Indiana, LLC
SUPPLEMENTAL AGREEMENT NO. 4
This Supplemental Agreement No. 4 is made and entered into this day of
2014, by and between the CITY OF SOUTH BEND, INDIANA, acting by and through the BOARD
OF PUBLIC WORKS, hereinafter referred to as the "OWNER", and DLZ INDIANA, LLC, 2211 East
Jefferson Boulevard, South Bend, Indiana 46615, hereinafter referred to as the "ENGINEER".
WITNESSETH
WHEREAS, the OWNER and ENGINEER did, on July 23, 2007 enter into an agreement for
preparation of construction documents for certain street improvements along Michigan Street,
Madison Street, Marion Street, Lafayette Street and Main Street,
WHEREAS, the OWNER did, on April 12, 2010, enter into a Supplemental Agreement No.
1 for the improvements along Michigan Street, Madison Street, Navarre Street, Bartlett Street,
Lafayette Street and a consolidated parking lot bounded by Michigan, Main, Madison and
LaSalle Streets.
WHEREAS, the OWNER did, on August 22, 2011, enter into a Supplemental Agreement
No. 2 for the design of a consolidated parking lot bounded by Michigan, St. Joseph, Marion and
Navarre Streets (Area 1), the design of a consolidated parking lot, Gateway Lot, bounded by
Michigan, Main, Marion and Madison Streets (Area 2), and the design of a new entrance into
the Memorial Hospital (Memorial Drive) and reconfiguration of the parking lot bounded by
Michigan, Main, Bartlett Streets and Park Lane (Area 3).
WHEREAS, the OWNER did, on June 11, 2013, enter into a Supplemental Agreement No.
3 for the design of additions and changes to the consolidated parking lot in Area 1 (Figure 3),
building demolitions and the area that will be available after the demolition of the building
located at 401 North Michigan Street will be added to the parking lot design (Figure 7). As a
result of the coordination meetings held for the project, additional options were evaluated.
WHEREAS, the OWNER has requested additional service and changes not included in
the original contract or supplemental agreement, specifically the additions and changes to
the consolidated parking lot in Area 3 (Figure 9). The building demolition has been requested
to be made part of the agreement. The area that will be available after the demolition of the
building will be added to the parking lot design (Figure 10).
NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above
referenced Design Contract as follows:
1. Delete Section O. of Appendix "A" in its entirety.
O. Not Used.
1 of 8
Supplemental Agreement No. 4
2. Delete Section P. of Appendix "A" in its entirety.
P. Not Used.
3. Section T.3. of Appendix "A" is modified as follows:
T. The ENGINEER shall prepare construction plans for the items described below (Bid
Packages 3 & 4) (see Figures 2, 3, 4 and 5). The Bid Package 3 shall consist of converting
the block bounded by Michigan, St. Joseph, Marion and Navarre Streets into a
consolidated parking lot (Area 1). Also, included in Bid Package 3 is conversion of the
block bounded by Michigan, Main, Marion and Madison Streets into a consolidated
parking lot, Gateway Lot (Area 2).
Bid Package 4 shall comprise of the following items:
_ . - - _ • - - •. . .
• . _ •• • •
. . • . . _ . ! - .
• !, . - - • f • . • . .
•
5)T
approval,
3. The Engineer shall design a reconfiguration of the parking lot bounded by west
R/W of Michigan, the east R/W of Main, the north R/W of Bartlett Streets and
south R/W of Park Lane. The design improvements shall take into
consideration the roadway improvements shown as part of City Project No.
114-032 for Michigan Street, Bartlett Street and Park Lane.
The reconfigured parking lot will be a surface parking lot with no gate system.
Lighting for this reconfigured parking lot should be similar to the Spaulding
Li htin .# 2 @180-D12-A-S25-H3-F-Q-WH-F1 (pole assembly) #SRT20-PW-WH,
9 9
that were provided for the previous bid Package #2 parking lot improvement
2of8
Supplemental Agreement No. 4
project. The total area of this improvement is approximately 3.0 acres (Refer
to Figure 9).
Drainage shall be assumed to overflow to the existing manhole and 36"
receiving pipe, located just north of the Park Lane intersection. Owner to
provide available capacity in the 36"pipe for design (in cfs). Intent is to retain
/percolate a 10 year design storm, if feasible, considering available capacity
and project budget.
Engineer shall provide parking phasing plans and maintenance pedestrian plan
during construction. The existing Junior League house will remain, or be
relocated by others.
50%plans to include a lighting layout, draft maintenance of parking concepts,
drainage concept, landscape layout, and a statement of probable construction
costs.
The Probable Construction Cost budget limit is$1,000,000.00.
4. Delete Section V. of Appendix "A" in its entirety.
V. Not Used.
5. Add Section X.2. to Appendix "A" as follows:
2. The ENGINEER will develop specification documents for the demolition of the structure
located in the parking lot along the west side of North Michigan Street just north of
Bartlett Street, South Bend, Indiana (Refer to Figure 10). The OWNER and ENGINEER
agree that the documents will be written so that the base bid cost for the demolition
of above and below ground structures will be bid as a lump sum item.
a. Site Grading and Drainage
The ENGINEER will include general instructions for backfill and compaction,
final grade and for temporary seeding.
b. General Site Underground Demolition
The ENGINEER will develop specification documents identifying, in general,
those materials that shall be demolished and removed or potentially
abandoned in place. The specification documents shall also provide general
information as to how the site will be prepared relative to the removal of
4 foundations and concrete slabs.
3 of 8
Supplemental Agreement No.4
c. Utility Abandonment
The ENGINEER shall identify the general approach/guidance as how utility
abandonment will occur. This shall include general provisions for the plugging
or capping of lines to be abandoned/demolished, which connect to active lines
intended to remain in place throughout demolition.
6. Add Sections 15-18 to Appendix "B" as follows:
15. Preparation of a Phase I and ll Environmental Site Assessment and Asbestos inspection
and Abatement.
16. Available capacity and connection to storm sewer with OWNER'S consultant.
17. Video of condition of the storm sewer infrastructure.
18. Plans for surrounding streets by OWNER's consultant.
7. Delete Section G. of Appendix "C" in its entirety and replace as follows:
G. Bid Package 4—based on a bid opening of December 9, 2014:
1. Conceptual Layout(15%) will be submitted by September 18, 2014.
2. Preliminary Plans (50%) will be submitted by October 9, 2014, assuming Owner
approval of Conceptual Layout by September 22, 2014. A review meeting will
be held within 7 calendar days after submittal of plans.
3. Final Plans (90%) by October 29, 2014. A review meeting will be held within 7
calendar days after submittal plans.
4. Final Tracings (100%) by November 12, 2014, noon.
8. Section A.1 and A.2 of Appendix "D" is modified as follows:
1. The ENGINEER shall receive as payment for the work performed under this Agreement
the total fee not to exceed of $823,950.00 $811,800.00, unless a modification of the
agreement is approved in writing by the OWNER.
2. The ENGINEER will be paid for the work performed under Appendix "A" of this
agreement on a Lump Sum basis in accordance with the following schedule, except as
noted in the items below:
4 of 8
Supplemental Agreement No. 4
Bid Packages 1 through 3:
Description Original SA#1 SA#2 SA#3 SA#4 New Total
Amount
a. Field Survey(Including
Route Survey Plat)(BP 1-
3) $73,000.00 $10,000.00 $18,700.00 $0.00 -$5,085.00 $96,615.00
b 1. Preliminary Roadway
Design and Plans(20%
Complete) $82,000.00 -$28,700.00 $0.00 $0.00 $0.00 $53,300.00
b 2.
Bid Package 1 $0.00 $202,000.00 $0.00 $0.00 $0.00 $202,000.00
c. Maintenance of Traffic
Concepts $8,000.00 -$4,000.00 $0.00 $0.00 $0.00 $4,000.00
d. Public Information
Meeting,Hourly Rate,as
required $6,000.00 $0.00 $0.00 $0.00 -$6,000.00 $ 0.00
e. Conceptual Traffic Signal
Design $20,500.00 -$8,200.00 $0.00 $0.00 $0.00 $12,300.00
I Utility Coordination,
Hourly Rate,as required
(BP 1-3) $8,000.00 $2,000.00 $5,000.00 $0.00 -$3,100.00 $11,900.00
g. Coordination with
Memorial Hospital and
INDOT,Hourly Rate,as
required(BP 1-3) $10,000.00 $2,500.00 $2,500.00 $0.00 -$921.25 $14,078.75
h. R/W Engineering(4 Parcels
@$2,700 per Parcel),if
required $27,000.00 -$10,800.00 -$5,400.00 $0.00 $0.00 $10,800.00
i. Title Abstracting(4 Parcels
@$325 per Parcel),if
required* $3,250.00 -$1,300.00 $0.00 $0.00 -$1,950.00 $ 0.00
j. Geotechnical Evaluation $7,500.00 $0.00 $15,000.00 $0.00 $0.00 $22,500.00
k. Bid Package 2 $0.00 $48,000.00 $0.00 $0.00 $0.00 $48,000.00
I. Bid Package 3 $0.00 $0.00 $130,000.00 $30,000.00 $0.00 $160,000.00
m. Bid Package 4(Abandoned '
Plans) $0.00 $0.00 $90,000.00 $0.00 -$63,000.00 $27,000.00
n 1. Subsurface Utility
Engineering(SUE)Area 1 $0.00 $0.00 $11,360.00 $0.00 $0.00 $11,360.00
n 2. Subsurface Utility
Engineering(SUE)Area 2 $0.00 $0.00 $11,360.00 $0.00 $0.00 $11,360.00
n 3. Subsurface Utility
Engineering(SUE)Area.3 $0.00 $0.00 $24,180.00 $0.00 -$14,508.00 $9,672.00
o. Right of Way Dedication
Plat $0.00 $0.00 $10,000.00 $0.00 -$10,000.00 $ 0.00
p. Bid Phase,Pre-
Construction Meeting and
Construction Phase Office
Services,Hourly Rate,as
required(BP 1-3) $0.00 $0.00 $8,000.00 $6,000.00 -$3,265.00 $10,735.00
q. Building Demolition
Services(Phase 3) $0.00 $0.00 $0.00 $10,500.00 $0.00 _ $10,500.00
Sub Total Change $211,500.00 $320,700.00 $46,500.00 ($107,829.25)
Sub-Total Fee $245,250.00 $716,120.75
5 of 8
Supplemental Agreement No. 4
Bid Package 4:
Description Original SA#1 SA#2 SA#3 SA#4 New Total
Amount
r. Building Demolition
Services(Phase 4) $0.00 $0.00 $0.00 $5,800.00 $5,800.00
s. Bid Package 4 Design
(Revised) $0.00 $0.00 $0.00 $63,000.00 $63,000.00
t. Bid Package 4 Pick Up
Survey,Utility Coord.,
Coord.with consultants,
SUE Area 3,Bid Phase and
Construction Phase
Services,Hourly Rate $0.00 $0.00 _ $0.00 $26,879.25 $26,879.25
Sub Total Change $0.00 $0.00 $0.00 $95,679.25 $95,679.25
Total Change $211,500.00 $320,700.00 $46,500.00 -($12,150.00)
TOTAL FEE $245,250.00 $456,750.00 $777,450.00 $823,950.00 $811,800.00 $811,800.00
9. Delete Exhibit 2 and replace with the attached Exhibit 2
10. Amendment:
This contract amendment decreases the current contract fee of$823,950.00 by ($12,150.00) to
a new total of$811,800.00. All other terms and conditions as set forth in the original contract
dated July 23, 2007, Supplemental Agreement No. 1 dated April 12, 2010, Supplemental
Agreement No. 2 dated August 22, 2011 and Supplemental Agreement No. 3 dated June 11,
2013 shall remain in full force and effect, except as herein modified.
The undersigned attests, subject to the penalties for perjury, that he is the contract party, or
that he is the representative, agent, member or officer of the ENGINEER that he has not, nor
has any other member, employee, representative, agent or officer of the firm, company,
corporation or partnership represented by him, directly or indirectly, to the best of his
knowledge, entered into or offered to enter into any combination, collusion of agreement to
receive or pay, and that he has not received or paid, any sum of money or other consideration
for the execution of this Contract other than that which appears upon the face of the Contract.
6of8
Supplemental Agreement No. 4
IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No.
4.
ENGINEER: OWNER:
DLZ INDIANA, LLC CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
B : _ g ► cL. _■1r�+ By:
Josep zynski, P.E. Gary A. Gilot, P.E., Board President
Chief 0;erating Officer
By:
q Kathryn E. Roos, Member
J (:
l�- By:
Gary K. Fisk, P.E. David P. Relos, Member
Vice President
By:
Patrick M. Henthorn, Member
By:
Brian J. Pawlowski, Member
ATTEST:
By:
Linda M. Martin, Clerk
7 of 8
Supplemental Agreement No. 4
A C K N O W L E D G M E N T
STATE OF INDIANA COUNTY OF ST. JOSEPH SS:
Before me, the undersigned Notary Public in and for said County personally appeared Joseph C.
Zwierzynski, P.E., Chief Operating Officer, and Gary K. Fisk, Vice President of DLZ Indiana, LLC,
2211 E. Jefferson Blvd., South Bend, IN 46615, and each acknowledged the execution of the
foregoing agreement on this day of sfe/eft'm &Pr , 2014 and each acknowledged
and stated that he is the party authorized by the said firm to execute the foregoing agreement.
Witness my hand and seal the said last named date.
My Commission Expires:
February 24, 2016
Ann M. Brown, Notary Public
County of Residence: St. Joseph
ACKNOWLEDGMENT
STATE OF INDIANA COUNTY OF SS:
Before me, the undersigned Notary Public in and for said County personally appeared Gary A.
Gilot, Kathryn E. Roos, David P. Relos, Patrick M. Henthorn and Brian J. Pawlowski of the City of
South Bend Board of Public Works and acknowledged the execution of the foregoing
agreement on this day of , 2014.
Witness my hand and seal the said last named date.
My Commission Expires:
Notary Public
County of Residence:
M:\PROJ\0761\2689\docs\agreement\SA#4\Supplemental Agreement 4.DOC
8of8
Supplemental Agreement No. 4
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Project Site
Bldg in Parking Lot North of Bartlett St DILZ
South Bend, Indiana FIGURE 10
EXHIBIT 2-DLZ INDIANA,LLC
STANDARD FEE STRUCTURE
ENGINEERING/ARCHITECTURAL
2014
Hourly Rate
,4ctiv• Code I Em•to ce Classi:cation Hour
1 Principal $220.00
49 Division Manager $185.00
50/480/556 Department Manager/Planner VI/Engineer VI $160.00
55 Registered Land Surveyor $130.00
21 Project Manager $140.00
330 Electrical Engineering Specialist $150.00
555/565/214 Engineer V/Architect V/Landscape Architect V/
Planner V/Scientist V/Geologist V/Surveyor V $145.00
554/564 Engineer IV/Architect IV/Landscape Architect IV/
Planner IV/Scientist IV/Geologist IV $140.00
53/58 Engineer III/Architect III/Landscape Architect III/
Planner IIUScientist IIUGeologist III $125.00
52/57 Engineer II/Architect II/Landscape Architect IU
Planner II/Scientist II/Geologist II $115.00
51/56 Engineer I/Architect I/Landscape Architect U
Planner I/Scientist UGeologist I $90.00
28 Designer I $85.00
472 Designer II $100.00
473 Designer III $125.00
29 Technician $65.00
147 Construction Administrator $110.00
152 Construction Observer $90.00
43 Clerical $60.00
Crew Classification Hourly Rate
143/99/99 3—person Survey Crew $200.00
142/99 Topographic Survey Crew(straight time) $145.00
142/99 Topographic Survey Crew(over time) $220.00
63 1—person Field Crew S110.00
63 1 —person Field Crew(over time) $150.00
GPS 1 —person GPS/RTK Field Crew $160.00
13/94 Field Survey Technician/Survey-Mapping Assistant $65.00
Reimbursable Expenses Rate
Mileage $0.565/mile
Travel Expenses @ Cost
Living Expenses @ Cost
Reproduction Cost plus 20%
Subconsultants Cost plus 20%
Equipment Rental Cost plus 20%
Rates are subject to revision on January 1,2015.
Cost of living/inflation increases of 3 to 7%per annum can be anticipated.
\\sbil\shared\Dept\Administration\Clerical\R.ATES12014 Hourly Rates 2014-02-13.doc