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Community & Economic Development ~~~`~_"'~~''
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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: Redevelopment Commission; Board of Public Works
From: Bill Schalliol, Economic Development Planner ~~ 'f
Subject: Resolution 2838
Amendment To The Addendum To The Master Agency Agreement
Main-Lafayette Connector Design Project, Supplement #1
Date: February 3, 2011
Attached to this memorandum is Resolution 2838 and Amendment To The Addendum To The
Master Agency Agreement for the Main-Lafayette Connector Design Project, Supplement #1.
Attached to the Addendum is a copy of the professional services proposal for Supplement #1 from
Lawson-Fisher Associates P.C. to provide right of way acquisition services for the development of
the connector roadway.
In August 2010, the Redevelopment Commission and the Board of Public Works approved the
Resolution 2838 and the Addendum to the Master Agency Agreement for the construction and
design elements of the project. A copy of the roadway map is attached for review. The next step
with this project, and the purpose of this amendment, is to being the right-of-way acquisition process
for the roadway project. The project affects a total of 33 parcels and will likely result in temporary,
partial and total acquisitions . The amount of each of those three types of acquisitions will depend
on final design plans.
The next step in the process for this project is to complete construction drawings and right-of-way
plans to assist in right-of-way acquisition and design. Staff requests approval of Resolution 2838
and the Amendment To The Addendum To The Master Agency Agreement for the Main-Lafayette
Connector Design Project -Supplement #1.
What We Do Today Makes A Difference!
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RESOLUTION N0.2838
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Main-Lafayette Connector Design Project -Supplement #1)
(2838-I 1)
WHEREAS, effective January 1, 2010, 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 2010; and
WHEREAS, effective January 1, 2011, 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 Main-Lafayette Connector Design Project to the Master Agency Agreement by way
of an Addendum on August 23, 2010; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement (Main-Lafayette Connector Design Project -
Supplement #1) 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
this Amendment to 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
February 8, 2011, at 4:00 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
(Main-Lafayette Connector Design Project -Supplement #1)
(2838-ll)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment''), made and entered into as of the 14th day of February, 2011, 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
Main-Lafayette Connector Design Project -Supplement #1 (the "Project"').
WHEREAS, effective January 1, 2010, 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 2010; and
WHEREAS, effective January 1, 2011, 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 Main-Lafayette Connector Design Project to the Master Agency Agreement by way
of an Addendum on August 23, 2010
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
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
being originally described in "Exhibit A", and now amended as described in "Exhibit B''.
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
Carl Littrell, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
MAIN-LAFAYETTE CONNECTOR DESIGN PROJECT -SUPPLEMENT #1
See attached Proposal from Lawson-Fisher Associates P.C. dated August 9, 2010
~`'-' JOHN E. FISHER, P.E.
GREGORY L. HOLDEN, P.E.
PAUL A. NUMMEL, P.E.
LA~AI'SOIt~-FISHER t~SSQ~I~TES f? C. PIPER C. TITRE, P.E.
9018.95
August 9, 2010
Mr. Bill Schalliol
Community & Economic Development Specialist
City of South Bend
227 West Jefferson Boulevard, Suite 1200S
South Bend, Indiana 46601
RE: South Main Street to Lafayette Boulevard
Connector and Development Area
Design, Construction Plans and Specifications
Scope of Professional Engineering Services
First Project Phase
Dear Mr. Schalliol:
JOHN A. NIDDLETON, P.E.
THOMAS S. SHARP, P.E.
THERESA E. HARRISON, P.E.
JON E. RIEMKE, P.E.
JEFFREY L. McKEAN, P.E.
RANDOLPN J. LINDLEY, P.E.
CHRISTOPHER J. JETEq, P.E.
DENNIS A. ZEBELL, P.E,
BENJAMIN P. HOLDEN, P.E
DAN G. DELGADO, P.E.
IAICHAEL J. GULK, P.E.
MICHAEL F. JOHNSTON, P.E.
JEFFREY M. BYRD, P.E.
JARED M. MUSS, P.E.
SKY K. MEDORS, P.E.
Lawson-Fisher Associates P.C. (LFA) is pleased to submit this proposal to
provide Professional Engineering Services to the City of South Bend (City) for the Main
Street to Lafayette Boulevard Connector, Roundabout and Street Improvements.
The proposal includes the following documents:
• Contract Services Agreement, Attachment "A"
• Scope of Design Services, Attachment "B"
• Manhour Justification, Attachment "C"
• Project Schedule, Attachment "D"
• Project Construction Stages Map, Attachment "E"
• Land Acquisition Map, Attachment "F"
The proposal was prepared on the basis of your approval of the Preliminary
Design Report and direction received in early March, 2010 and our meeting on July 12,
2010.
Anticipating a September, 2010 Notice to Proceed, we foresee completing the
Design within the Schedule Attachment "D".
We propose this Scope of Services be performed on an hourly basis for a
budgetary fee of $436,000. Payments to LFA will be in accordance with Attachment "A".
If you would like to include the Project Enhancement, we will generate a revised Scope
of Services and agreement for your approval.
525 WEST WIRSIiIhIGTOf~ AVEkUE ~ SOUTH BEMO, IhID1AHA 46501 • 574-234-3167.574-236-1330 (FAX)
L F.~ ~ L~"iL
Mr. Bill Schalliol
August 9, 2010
Page 2
Please indicate your acceptance of this proposal by signing in the space provided
below and returning one copy to our office.
Thank you for the opportunity to provide additional professional engineering
services to the City of South Bend.
If you have any questions or comments, please do not hesitate to contact us.
Very truly yours,
LAW ON-FISHER ASSOCIATES P.C.
G
regory L. Holden, P.E.
President, Senior Structural Engineer
=~
GLH:PAH/cas
Encts.
c: Carl Littrell, P.E. City Engineer
Michael F. Johnston, P.E.
Paul A. Hummel, P.E.
Senior Vice President/Senior Civil Engineer
ACCEPTED AND APPROVED this
(Authorization is also Notice to Proceed)
day of
2010.
CITY OF SOUTH BEND REDEVELOPMENT COMhfilSSION
~~a~~-~~
ATTACHMENT A
LAWSON-FISHER ASSOCIATES P.C.
PAYMENTS TO ENGINEER
I. Methods of Payment for Services and Expenses of ENGINEER. OWNER shall pay ENGINEER for professional
Services and Expenses as follows:
1.1 Basic Services•
1.I.1 General. For Services rendered an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for all time for
Basic Services rendered by principals and employees engaged directly on the Project.
1.1.2 Resident Project Services. For services of ENGINEER's Resident Project Representative (and assistants) famished for
the project on the basis of Salary Costs times a factor of 2.37 for services rendered by principals and employees assigned
to Resident Project representation.
I.1.3 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional
associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER therefor
times a factor of 1.10.
1.1.4 Operational Phase Services. For Operational Phase services furnished, an amount equal to ENGINEER'S Salary Costs
times a factor of 2.37 for services rendered by principals and employees engaged directly on the Project.
1.2 Additional Services:
1.2.1 General For Additional Services of Engineer's principals and employees engaged directly on the Project and rendered
(except services as witness), on the basis of ENGINEER'S Salary Costs times a factor of 2.37.
1.2.2 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional
associates and consultants employed by ENGINEER to render Additional Services, the amount billed to ENGINEER
therefor times a factor of 1.10.
1.2.3 Servins as a Witness. For services rendered by ENGINEER'S principals and employees as consultants or witnesses in
any litigation, arbitration or other legal or administrative proceeding at the raft of 1.35 times the rates in Paragraph
1.2.1. Compensation for ENGA'EER's independent professional associates and consultants will be on the basis
provided in paragraph 1.2.2.
I.3 Reimbursable Expenses. In addition to payments provided for in paragraphs 1.1 and 1.2, OWNER shall pay
ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable expenses incurred in
connection with all Basic and Additional Services.
1.4 Specialized Equipment. In addition to payments set out above, a charge may be made for specialized equipment usage
as required.
2. Tunes of Payments.
2.1 Engineer shall submit invoices covering each calendar month for Basic and Additional Services rendered and for
Reimbursable Expenses incurred. OWNER shall pay ENGINEER promptly within thirty (30) calendar days following
the ENGINEER'S rendering of these invoices to the OWNER.
Page 1 of 2
1/16/08
~Fav~~~~
ATTACfiMENT "B"
SCOPE OF DESIGN SERVICES
Environmental Screening, Fina! Design, Right-of-Way Engineering
and Lega! Descriptions, Construction Plans, and Bidding
South Main St. to Lafayette Connector & Roundabout
Stage 1 of Development Area
Topographical, Location and Control Survey
The project area will be field surveyed as follows:
Lafayette Blvd. from Ireland Road to Chippewa Ave.
Main St. from Walter St. to Chippewa Ave.
Barbie St. (extended) from Main St. to Michigan St.
Walter St. (extended) from Lafayette Blvd. to Michigan St.
The survey will correlate to the preferred design set forth in the July 2009 Preliminary Design Report and
Plans. This design level survey will include collection of topographical data and the location of all
surface features within the anticipated construction limits for the project. Existing monumentation and
new horizontal and vertical control will be re-established and/or set to provide project mapping and plan
preparation. Our sub-consultant, DLZ, will develop project control utilizing legal monuments for the
preparation of Location Route Control Survey as the basis for acquisition and legal descriptions of
property to be acquired.
The Location Route Control Survey for this Project Stage as well as the other two future stages will be
performed in this scope of services. The topographical and project control survey for the two future
stages are not included in this scope of services.
The location and arrangement of the Three Stages is included with Project Stages Map in Attachment "E".
The survey will be prepared according to local and City approved methods of gathering and recording
field data.
As a basis for existing utility features contacts will be established for the coordination and identification
of buried and surface located utility features. Contact will be made with the Indiana Underground
Protection Service, to request a field marking of underground at the time of the field survey. All apparent
utility features will be referenced and incorporated into the mapping. A review of as-built and record
drawings will be conducted to further identify buried utility lines. A list of utility owners and contact
personnel will be updated for information and future project reference.
Apparent property line and R/W lines will be included in project mapping. Property ownership will be
shown for all parcels adjacent to the project construction limits.
- 1 - Lrrxson-Fisher Associates P.C.
Project Frle 9018.95
August, 2010
L FAP~~I
Roadway Desi4rr Features
The design of the South Main Street to Lafayette Connector will include the fundamental elements
developed in the South Main Street to Lafayette Boulevard Connector and Development Area -
Preliminary Design Report and Plans completed in 2009. This first stage of design will include the
realignment of existing Lafayette Blvd. and South Main Street from Ireland Road to existing South Main
Street approximately 400 ft. south of Chippewa Avenue, a total distance of approximately ],600 ft. The
Connector will be designed as a four lane arterial.
A modern two-lane roundabout will be constructed on this connector just south of the Chippewa Station
Post Office branch office, mid-distance between Chippewa Avenue and Ireland Road. Atwo-lane/three-
lane collector type roadway will be constructed as a crossing element of the roundabout providing a
connection from the Showplace ] 6 Movie Theatre east to the roundabout with an approach and future
extension to South Michigan Street further to the east. For truck and factory access (to Kulzer Inc. and
Lock Joint Tube, lnc.) a two-lane local street will be designed connecting industrial/commercial drives on
the west side of Lafayette Blvd. to a minor intersection with the Connector approximately 750 ft. south of
the roundabout. This local street will align with and extend eastward to the existing section of Walter
Street between South Main and South Michigan. Detail of the conceptual design is included with Land
Acquisition Map in Attachment "F". The following list documents the anticipated lengths and widths of
the various elements of the system:
South Main St. to Lafayette Connector:
600 LFT 4-lane widening of existing
1,000 LFT 4-Lane on new alignment
Traffic Signal Modernization (Lafayette at Ireland)
(Estimated 80 ft. Right-of--Way)
Modern Two-Lane Roundabout:
Collector Roadway:
Local Street:
Surface Drainage:
City Utilities
Miscellaneous Design Elements
Approximately 230 ft. Diameter
670 LFT 2-Lane/3-Lanes on new alignment
(Estimated 60 ft. Right-of--Way)
350 LFT 2-lanes on new alignment
(Estimated 50 ft. Right-of--Way)
Combined curb and gutter, inlets, manholes and
enclosed drainage system
Water, sanitary sewer extensions on new alignment
sections.
Sidewalks, ADA ramps, concrete drives, traffic signage,
pavement markings, small segmental block retaining
walls (as needed),
Roadway design elements will be consistent with applicable City of South Bend-and AASHTO standards
and specifications.
- 2 - Laxson-Fisher Associates P.C.
Project File 9018.95
August, 1010
.~
J
~ ~
Utility Coordination
LFA will provide utility coordination as well as utility plan requests and reviews. Coordination will
involve securing accurate plan locating in accordance with AASHTO guidelines. Level B locating will be
using IUPS locates identified in the survey. Level A locating (pot-holing,~earth extraction) is not included
in the scope of design services. If the City desires this level of locating, LFA can provide these additional
services under supplemental agreement.
Any utility relocation agreements will be prepared by~the City of South Bend.
Geotechnicai lnvestipation and Report
LFA's Sub-Consultant, Earth Exploration, lnc., will prepare the geotechnical investigation and report.
Geotechnical procedures will be in accordance with City of South Bend and AASHTO guidelines. The
geotechnical investigation and reports for the two future stages are not included in this scope of services.
Construction Plan Preparation Process
The Project will be designed according to current City of South Bend requirements. The submittal
requirements for the Project will include:
• Preliminary Plans and Environmental Screening Report
.....Preliminary Field Check .............................................40% Design and Design Information Reviewed.
•....R/W Plans-and Legal Descriptions ..................Proposed Permanent, Temporary R/W, and Easements.
.....Public Information Meeting Plans ........................................ Exhibits of Proposed Construction Plans.
.....Final Plans ..................................................... 95% Final Plans, Computations, Quantities for Review.
.....Final Tracings Submission ......................................................... 100% Final Plans, Ready for Letting.
• Bid Documents and Bidding
Environmental Documentafion
Our Sub-Consultant, ASC Group, will perform the following screening level environmental tasks for this
Project Stage as well as the other two future stages.
The entire project area (as described in the July 2009 Preliminary Design Report and Plans) will be
reviewed for possible hazardous material in the individual property structures and below ground.
Additionally, a screening level investigation will be conducted for any significant historical resources
within the entire project area. The purpose of the environmental process will be to determine if there are
any documented resources or existing hazardous material that may be encountered in the construction of
the roadway improvements. The design submittal process will include the following associated
permitting and environmental documents:
• Environmental Screening Report
• Rule 5 Subnssion
3 - Lawson-Fisher Associates P.C.
Project File 9018.95
August, 20/0
~Fa~~~~
Construction Phase Consultation
LFA will provide answers to bidder's questions, provide any addendums and attend the pre-construction
conference. LFA designers will provide any construction changes as directed by the City. The LFA
designers will internally track the construction project in weekly progress meetings from the pre-
construction conference to final acceptance.
Construction Ena-ineerinr~ and Insaection
This proposal does not include a defined scope of services for construction engineering and inspection. If
the City desires this service, LFA will provide a scope and cost proposal under a separate or supplemental
agreement.
Ri_aht-of--Way Services
I,FA will prepare Construction Plans including Right-of--Way needed for the project. Our Sub-
Consultant, DLZ, will perform R/W engineering services and prepare the Location Control Route Survey
Plat, Legal Descriptions, and Transfer Documents for Acquisition by the City of South Bend.
This proposal does not include a defined scope of services for title research, appraisals, buying, relocation
assistance or asbestos inspection and clean-up monitoring. It has been assumed for the purpose of this
proposal, that the City will use its own resources or other R/W agents for these services. If the City
desires these services, LFA will provide a scope and cost proposal under a separate or supplemental
agreement.
PROJECT ENHANCEMENT - ROUNDABOUT DESIGN, PEER REVIEW
The use of roundabouts as solutions for intersecting traffic continues to increase nationally and in this
State. The City of South Bend has shown an embracement of this solution to alleviate stopped vehicle
delay and reduce personal injury accidents and their severity. We believe that motorists will continue to
adapt their driving habits to the various traffic control devices and geometric improvements made by
successive designs. What this means practically is that designers should be open to and aware of local
performance as well as national changes in the use of the latest improvements in traffic control and
geometric design. It may be desirable to have a peer review of the roundabout design by our Sub-
Consultant, DLZ.
Certainly both firms are qualified in complex road design and can independently design a functional
roundabout. The enhancement, through having a peer review of the basic design(s), a broader range and
experience of design expertise is provided; and, therefore, creating the most successful project possible.
- 4 - Lawson-Fisher Associates P.C.
Project File 9018.95
August. 20/0
~~~ ATTACHMENT "C'
CRY OF SOUTH BEND, INDIANA
SOUTH MAIN S7 TO LAFAYETTE CONNECTOR AND ROUNDA80UT
STAFF HOUR JUSTIFICATION • PROJECT DESIGN DEVELOPMENT
Wod ElarKnt
PRELIMINARY DESIGN No.
Shts.
Proj. Maruga STAFF HOl!RS PY CLASSH9CATION
Srnoort Civil $rniorlach.
Clerical Total
Hours SL'BCO~SULTANT
COj7
Snrv and Prelinina • Pbtlin
Field Survey 4 6 320 330
L.opfion Route Control Su and PNt Ml (Bv DIZ)
Rev Kw Surv Freld Data
B
8
538.500
Co. rdmalion end Control of Rll' SubCoruuhsnt I 2 2 2 7
Rekmina Man Sobmirtai
Deli net Field Irn ion 4 4
8
Eswblsh Grade Controk. A are Overall Grade Rofik 4 16 12 32
Dcst Relirnnira Geornetrics R OvQeL' Plan 2 8 24 12 46
Uuia Coordiution I B 4 4 I7
P art Pre ~ ~ Title do Index Sheers
~ I 4
5
P Pref
T Cross Satan: I I 6 B 19
P rare Prchmioary Plan & Rofik Sheets 2 8 16 24
50
Roundabow Ia t and actin Pions q 16 24 q 48
Prclmti Ri hl-of•We Deai
" 2 4 8
14
Prclaninary Dr
e Desi n
.
' 2 12 4 Ifi
Sand Sewer Des
~n
Pttlim 1 10 4 35
Prclimmsrv Watc Line Des 12 q
18
P arc Prelinunarv A ash & Ihive Dnail
~ 2 16 18
Strutturc Data
P arc Prc q 1+
16
P arc Prcimtin Cross Seuions 4 24 24 52
Pr a Cori foal Mantrnance Of TrafTic 2 g
10
Prclimi Catturuttion <:ost Estimate I 2 4 8
Environmenld Screening R oh - HaxMat (br ASC Crou I
F.nrironmemtl Screening Report ~ Nisf. Arch ( ASC Groe) 59'127
C.onrdination end Control of Envirormtrntal SubConsultant I 2 2
2 f6,J30
SIIPTOTAL 1iOl1RS 0 17 76 IBO IW 9 7q6 553,957
RIGHT-OF-W.4Y DESIGN
D osnion of Rd~ ~ ~ Plan kriew Comments 1 2 q
FiNd Check Plans
Title Shen and Index Sheol 1 q
5
Plan & Profile Sheers 2 6 24 24 56
Si ns ID 12
22
S n Struttma ~ tt 20 32
S' rack 12 6 18
]ntersectk+n Dnaih 1 2 4 12 19
Roundabout Dneih 2 24 12 24 62
Rn ~ ~ Walls 2 4
6
S bl Dra~ a Swctures 1 2 q
7
Saint Sewer Dnaik 2 8 16
26
Waterline Details 2 6 12 20
Mainttxuncc of Traffic 2 q 8 16 30
Crass Stxtiotu 2 8 2B 42 80
Coruttuction Cost Estimate 1 2 q 1 8
Ceotechnini Iwestigatba (by Earth Eapbntbns, Inc.)
57,167
Coordination and Control ofGmtrxhnicel SubConsultant ~ 1 2 6 9
Paveman Doti 1 q 2 7
Utile Coordinaion 1 8 2 2 I3
H raulics and Storm Sewer Cakulations 2 6 36
2
46
Prelani Construction Cost Estunate 1 2 $ I 12
Field Chak and Donanrntatirn 4 4
7
10
Ui salon of Feld Cbeck Review Corrtmrnts I 2 4 8 I S
public Information MMie oration
Traffic-Maintenance Plan I 2 4
7
Di :a I 4 12 q 21
Pubhc Mea' 3 3 3 y
D' shion of Public Meet Comments 1 2 4 2 9
Legal Descriptions and Transfer Documents fby DLZ Indiana, LL..C)
f9I'120
Coordination and Comrol of R/W Sub-Consultant 1 2 2 2 7
StrBTOTAL HOURS 0 26 7g 213 228 18 563 5101,287
La assn-Fishrr Arrxiarrs V.C.
Projrrr Filr Na. 90/F9J
Argrrsr 1010
~~~~~ ATTACHMENT "C"
~' CRY OF SOUTH BEND, INDIANA
SOUTH MAIN ST TO LAFAYETTE CONNECTOR AND ROUNDABOUT
STAFF HOUR JUSTIFICATION • PROJECT DESIGN DEVELOPMENT
Work Llemrnt
FINAL DESIGN No.
Shts.
Pnry. Menages STAFF HOURS BY CLASSIFICATION
Smior Fn
P Ci•~il F. Senior Tech.
Ckrial
lbtal
Hours
SLBCONSULTANT
COST
Final Plan Sabasitlal
Tole and indcx Shea i
tnd and Getnl Notes Shm 1 I
I 2 3
T' al Cross Sections 6 I 4 8 t 3
Plat Shccts 3 Z 4 24 S I
Maimrnancc of Traffic Pons (3 bases
Plan & Profile Shcas
A oach & Drive Detaik
Imtxstaion Dasik 12
7
1
J 2
I
1
I 6
B
2
32 18
46
32
12 24
80
73
13
Roundabout la ut and ndm Plsn
Pi Structure , W'ncr Litter Saoitary Sewer Daaik 2
4 2
I 8
8 12
8
28 IB
16 33
T4
Raain Wall Sheets
Pavement Market Plans
Traffic Si Plans
1
2
1
1
2
8
g
i6
14 26
16
32
65
26
56
Traffic Si etas Plans 1 I 6 12 Z9
Erosion Cnmmi Plans ! I 2 I g 6 21
R' n and Soddet Tade 1 I 4 24
8 45
A oach Table 2 1 2 12 13
Utdadrain t abler
~ 2 2 16 12
24 27
S
Svm 7abla and 5' n Derails 2
2
42
Road Summ Sheets
Cross Section 1
20
I ~
6
~ 20
16
60 30
22
Draew eCo utnions
1 107
Consrrvnion Cost Estimate I 4 2 4
Earthwork C,om txions 2 6 1 B
Quantity Co trxam
2
6
16 6 16
S sal Provision
2
4
8 16
40
Rule 5 Submission
2
2
6 t4
UST Remove; Currdeuuon
1
2
2 2 12
Di ~ ion of Final Plr Comments I 2
4 3
12 19
SUBTOTAL HOURS N 23 101 326
470 5
925
f0
FINAL CONSTRUCTION PLANS
81D DOCU M ENTS AND BID D
, ING
Final Plan 7iacin s Includm Cross Sections
En 'oars Estimate 2 4 12
Comract Documems aid Bid Fortns I 2
l6 18
Advenisemrnt end Bidder
1
B
16 24 43
RFI and Adderdiims 2 6 g _ 25
Bid 7abubtion and Raomrrirnfnion 2 6
8 6 24
B 24
SUB70TAL - Prclimeiar Det' 0 17 76 IBO
SUBTOTAL • Ri ht-0f W'ay Deli n
0
26
78
213 464
553,957
SUBT07AL -Final Deli n 84 23 101 326 228 18 563 2101,287
SUBTOI AL - Corrstmaion Ibcumrnts and Biddt
0
E
26
60 470 S 925
f0
0 10 13• f0
TOTAL HOURS 74 281 779
HOURLY RATES (2010)
E
165
00
S
160
00
S
115
00
S 1.162 72
2.366
COSTS . . . lOS.Op S 85.00
TOTAI.COST S 12,210.OD E44,960.09 SBO,5P500 5122.010.00 ,12000
EXPENSES (Co ter. Mil e & Misc.)
Contruaion Consultation
f
2)1,685.00
5809.()0
SLBCO\SULTANTS~ 22,000.00
5155,214 fly-C2M
TOTAL FCE
COSTS BY CATEGOR V S 435.938.00
i
Enveotuoenlal Documentx
on
S1°`' S
S 165.0;1
823
00 S
S 320.00
1
280
00 S
S 23000
23000 S
S
4 S 170.00 216,342
Geotedaiical Invests atnn and R n
Pleas end Conuuction Ducurrirnts
S
S .
-
11
055
00
S
f ,
.
160.OD
42
880
OD
S
S
230.00
88
665
00
S ,440.00
3
630.00 5
f 17p.Op 215.445
SB 187
R' ~ht-of-Wes En ineeim and al Des tan 42 Parcels
Construction Cotisultnion
S ,
.
165.00
f ,
.
320.00
S .
.
230.00 S
5 86,94D.0p E
S 5,61D.00
17D.00 a
f2-5,150
595,005
S 12,210.00 f 44,960.00 S 89.365.00 f 122.010.00 S 6.120.00 55.000
TOTAL AGREEMENT
5435,938
P
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214,000
TOTAL AGREEMENT (with ENHANCEMENT)
S4d9 OiR
!°"son-Fisher Aasoriores P.C.
Pro/rct File ties WEIR 9J
a,.n.r Jnro
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Attachment E
,~
via ~I ~ i~
o ~ ~ „ City of South Bend, Indiana
t.AwsON-FISFiERASSOCIATES P.C. I~ South Main St. to Lafayette
~ ~ 525 W WASHINGTON AVENUE ,' Connector and Roundabout
0 0 ! SOUTH BEND, INDIANA 466D7
^ p PH. 1574) 234-3 1 67 I
5 ~ ~ I; Project Construction Stages Map
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Attachment F
9018.95
Aug., 2010
Exhibit "B"
MAIN-LAFAYETTE CONNECTOR DESIGN PROJECT -SUPPLEMENT #1
See attached Amendment dated January 4, 2011
GREGORY L. HOLDEN, P.E.
PAUL A. HUMMEL, P.E.
PIPER C. TITTLE, P.E.
LAWSON-FISHER ASSOCIATES P.C. 9019.79
THOMAS S. SHARP, P.E.
THERESA E. HARRISON, P.E.
JON E. RIEMKE, P.E.
JEFFREY L. McKEAN, P.E.
RANDOLPH J. LINDLEY, P.E.
CHRISTOPHER J. JETER, P.E.
DENNIS A. ZEBELL, P.E.
BENJAMIN P. HOLDEN, P.E.
DAN G. DELGADO, P.E.
MICHAEL J. GUZJK, P.E.
MICHAEL F. JOHNSTON, P.E.
JEFFREY M. BYRD, P.E.
JARED M. HUSS, P.E.
January 4, 2011 SKY K.MEDORS,P.E.
GINA A. WEILBAKER, P.E.
AARON W. BLANK, P.L.S., P.E.
Mr. Bill Schalliol
Community & Economic Development Specialist
City of South Bend
227 West Jefferson Boulevard, Suite 1200S
South Bend, Indiana 46601
RE: South Main Street to Lafayette Boulevard
Connector and Development Area
Supplemental Agreement #1
R/W Acquisition Services
Dear Mr. Schalliol:
Lawson-Fisher Associates P.C. (LFA) is pleased to submit this proposal to
provide Professional Engineering Services to the City of South Bend (City) for the Main
Street to Lafayette Boulevard Connector, Roundabout and Street Improvements.
The proposal includes the following documents:
• Scope of Acquisition Services, Appendix A
Manhour Justification, Appendix B
• Sub-consultant Proposal and Schedule, Appendix C.
The proposal was prepared at your request on the basis of our meeting on
November 12, 2010.
We propose this Scope of Services be performed on an hourly basis for a
budgetary fee of $439,000. Payments to LFA will be in accordance with Attachment "A"
in our original contract.
525 WEST WASHINGTON AVENUE .SOUTH BEND, INDIANA 46601 • 574-234-3167 574-236-1330 (Fax)
LFA~~~~
Mr. Bill Schalliol
January 4, 2011
Page 2
Please indicate your acceptance of this proposal by signing in the space provided below
and returning one copy to our office.
Thank you for the opportunity to provide additional professional engineering services to
the City of South Bend.
If you would like to review the proposal with us, or if you have any questions or
comments, please do not hesitate to contact us.
Very truly yours,
LAW N-FISHER ASSOCIATES P.C.
C~ `
egory . H Iden, P.E.
President/SeniorStructuml Engineer
Paul A. Hummel, P.E.
Senior Vice President/SeniorGvil Engineer
GLH:PAH/bsa
Encls.
c: Carl P. Littrell, P.E. City Engineer
Michael F. Johnston, P.E.
ACCEPTED AND APPROVED this day of
(Authorization is also Notice to Proceed)
2011.
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
APPENDIX A
LFA~~~~
APPENDIX A
SCOPE OF ACQUISITION SERVICES
South Main Street to Lafayette Connector $ Roundabout
Stage 1 of Development Area
Appraisals
Appraisal services will be provided under LFA project management according to the scope
provided by its sub-consultant, DLZ Indiana, LLC (DLZ) in Appendix C.
Negotiation Services
Negotiation services will be provided under LFA project management according to the scope
provided by its sub-consultant, DLZ Indiana, LLC (DLZ) in Appendix C.
Right-of-Way Staking will be performed by LFA Survey crews at the time of Negotiation. The
temporary andlor permanent Right-of Way will be staked to wooden lath accuracy using color
coded ribbon and marked stakes at the property lines and at intermediate breaks/deflection
points. LFA will coordinate with DLZ to provide sufficient time for the affected property owner to
realize the definition of the proposed Right-of-Way.
Relocation Assistance to City of South Bend
Relocation Assistance will be provided under LFA project management according to the scope
provided by its sub-consultant, DLZ Indiana, LLC (DLZ) in Appendix C.
Closing Services
Closing Services will be provided under LFA project management according to the scope
provided by its sub-consultant, DLZ Indiana, LLC (DLZ) in Appendix C.
Acquisition Coordination Services
Acquisition Coordination will be provided under LFA project management according to the
scope provided by its sub-consultant, DLZ Indiana, LLC (DLZ) in Appendix C.
- 1 - Lawson-Fisher Associates P. C.
Project File 9019.79
January 2011
L FA~~~~
Documentation Services
Upon completion of all pertinent RNV acquisition, LFA will prepare a subdivision plat for the
combination of remnant parcels and re-definition, and recording of the land parcels that the City
finds most useable to its redevelopment process. The subdivision plat will be presented for
review and approval and thereafter submitted to the recorder's office. At the appropriate time,
LFA will set property monuments according to the approved and recorded subdivision plat.
- 2 - Lawson-Fisher Associates P. C.
Project File 9019.79
January 2011
f- -
a
APPENDIX B
~:
CITY OF SOUTH BEND, INDIANA
SOUTH MAIN STREET TO LAFAYETTE CONNECTOR AND ROUNDABOUT
STAFF HOUR JUSTIFICATION -SUPPLEMENTAL AGREEMENT NO. 1 - R/W ACQUISITION AND RELATED SERVICES
Work Elemrnt Est. No. STAFF HOURS BY CLASSIFICATION Total SUBCONSULTANT
o(Parcels lioj. Manager Sarior Eng Civil Eng. Senior ish. Clerk.~al Hours COST
APPRAISALS
Appnisal Problem Analysis 33 I I I 3 S 7,260.00
Appraisals
Waives Valuation
Value Finding
Short Form Residrntial
Short Form Commercial
Long Form Residrntial
Long Form Industrial
Long Form Commercial 1
9
4
3
2
1
13
I
I
1
I
I
I
I
3
I
3 S 500.00
S 18,000.00
S 8,000.00
S 11,700.00
S 7,600.00
S 7,800.00
S 120,900.00
Review Appraisals
Waiver Valuation
Value Finding
Short F~ortn Residrntial
Shoe Form Commercal
Long Form Residrntial
Long Form Industrial
Long Form Commersial _ 1
9
4
3
2
1
13
I
1
I
1
1
I
I
3
I
3 S 225.00
S 8,100.00
$ 3,600.00
S 5,400.00
S 3,600.00
S 3,600.00
S 54,600.00
APPRAISAL SUBTOTAL 33 5 7 0 0 5 17 S 260,885.00
NEGOTIATION SERVICES
Negotiation and AcquisUOn Coordina0an Servies
Coordination for Dedimtion o(Ci -Owned Parcels
Title and Enwmbnnce Report Update
R/W Slaking 33
4
37
33 I
I
1
1 1
I
I
4
0 2
2 4
2
4
55 S 125,400.00
S 4,000.00
S 3,700.00
NEGOTIATION SUBTOTAL 4 7 0 So a 65 S 133,100.00
RELOCATION ASSISTANCE
Relontion Assisunce ro the City of South Bend _ 6 I I 2 4 S 9,000.00
RELOCATION SUBTOTAL 1 1 0 0 z 4 $ 9,000.00
__ CLOSING SERVICES
Closing Services
Recordirrg Fees 33 I I 2 4 S 14,850.00
S 3,700.00
_ CLOSING SUBTOTAL 1 1 0 0 z 4 $ Issso.oo
DOCUMENTATION SERVICES
Recorded Subdivision Plat I 4 14 12 2 33
Mommrntation 2 I2 14
DOCUMENTATION SUBTOTAL 1 6 14 z4 z 47 $
SUBTOTAL -Appraisals
SUBTOTAL-Negotiation
SUBTOTAL -Relocation
SUBTOTAL-Closing
SUBTOTAL - Documrntation 5
4
I
I
1 7
7
I
1
6 0
0
0
0
14 0
50
0
0
24 5
4
2
2
2 17
65
4
4
47 S 260,885.00
S 133,100.00
$ 9,000.00
S 18,550.00
S
T07AL HOURS 12 22 14 74 IS 137
HOURLY RATES (2011) S 165.0(1 $ 160.00 S II5.00 S 105.00 $ 85.00
COSTS
TOTAL COST
EXPENSES (Ctnnputa, Stara & Misc) S 1,980.00 S 3,520.00 S 1,610.00 S 7,770.00 S 1,275.00
S 16,155.00
S 809.00
SUBCONSULTANTS-
S 121,535.00
TOTAL FEE S 438,499.00
(LABOR) COSTS BY CATEGORY
APPRAISALS
NEGOTIATION SERVICES
RELOCATION ASSISTANCE
CLOSING SERVICES
DOCUMENTATION SERVICES E 625.00
S 660.00
S 165.00
S 165.00
S 165.00 S 1,120.00
$ 1,120.00
S 160.00
S 160.00
S 96Q.(q S
$
$ -
S -
$ 1,610.00 S
S 5,250.00
S
E -
$ 2,520.00 S 425.00
S 340.00
$ 170.00
$ 170.00
$ 170.00 $ 263,255.00
S 14Q,470.00
S 9,495.00
S 19,045.00
$ 5,425.00
TOTAL SUPPLEMENTAL AGREEMENT $ 438,499.00
Lawson-Fisher A.csnciorec FC
Rnjecr File Nn 9019 ?9
Jannarv 20/l
APPENDIX C
~I
~~':ro~
ENGINF~ERS • ARCHITECTS SCIENTISTS
PLANNERS • SURVEYORS
December 16, 20l 0
Mr. Michael Johnston, P.E.
Lawson-Fisher Associates P.C.
525 West Washington Avenue
South Bend, IN 46615
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Dear Mr. Johnston:
DLZ Indiana, LLC (DLZ) appreciates the opportunity from Lawson-Fisher Associates P.C. (LFA) to
provide this Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend
Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road in St.
Joseph County, Indiana, in accordance with the attached Land Acquisition Map (Attachment A) and
Parcel Acquisition Table (Attachment B) provided by LFA.
SCOPE OF SERVICES
DLZ will furnish the services of qualified professionals including appraisers and buyers as required, to
perform the following tasks:
A. Appraisals
DLZ will obtain by subconsultant the following appraisal services:
1. Appraisal problem analysis to select the type and scope of appraisal to be performed.
2. Appraisals for each parcel based on the agreed appraisal problem analysis.
3. Appraisal reviews for each parcel resulting in a just compensation recommendation to be
approved by City of South Bend designated representative.
B. Negotiation (buying) and Acquisition Coordination Services
Negotiation (buying) Services
1. Upon approval of each parcel just compensation form by the City of South Bend, DLZ will
prepare preliminary conveyance documents, in accordance with legal descriptions and right-of-
way parcel plats prepared and provided by LFA. The preliminary conveyance documents will be
submitted by DLZ for review and approval by City of South Bend legal staff prior to
commencing negotiations with each owner.
2. Negotiation activities shall include presentation of each offer in person (or by mail, if necessary),
discussion of the project, explanation of land acquisition and eminent domain procedures,
2211 East Jefferson Blvd. • South Bend, Indiana 46615 1574) 236-4400 FAX (574) 236-4471
With Offices Throughout The Midwest
www.dlz.com
._:.
ip~ ~~
FtiG1NLcRS ARCHITECTS SCIENTISTS
PLANNERS • SURVEYORS
December 16, 2010
RE: Proposal/subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 2
providing notarization services, as needed, for acceptance of offers and execution of conveyance
documents, and preparation of owner appraisal letters, pay vouchers, sales disclosure forms, real
estate tax memorandums, receipt of conveyance instrument forms and additional documents as
necessary to secure and provide clear title to each parcel.
3. Prepare supplemental title and encumbrance reports.
4. Pursuant to successful acquisition of executed conveyance documents and completion of
supplemental title and encumbrance reports, all executed documents will be submitted to City of
South Bend legal staff for review and approval.
5. Pending approval of documents by City of South Bend legal staff, pay vouchers will be
submitted to City of South Bend Controller for processing of payment.
6. Prepare Condemnation Reports, as necessary, for unsecured parcels.
7. Provide assistance in the event of condemnation as additional services.
Acquisition Coordination Services
1. Prepare, execute and monitor subconsultant agreements (appraisers, review appraisers).
2. Check completed appraisals for compliance with type and scope.
3. Transfer appraisals, review appraisals and acquisition documents to City of South Bend, buyer
and/or relocation agents, as necessary.
4. Prepare progress reports.
5. Maintain project and subconsultant schedules.
6. Attempt to resolve right of way issues and coordinate Administrative Settlements, as necessary.
7. Coordinate revisions to plans and/or right-of--way documents during negotiations.
8. Prepare donation, resolution and/or conveyance documents for establishment of ownership of
current City of South Bend owned properties to appropriate government entity and/or establish
purpose of such ownership for roadway purposes.
9. Provide assistance in the event of condemnation as additional services.
C. Relocation Assistance to City of South Bend Services
1. Coordinate attendance and participation by City of South Bend relocation personnel and/or DLZ
relocation assistance personnel during appraisal and/or acquisition meetings with residents,
tenants or businesses requiring relocation to document commitment(s) for relocation.
2. In the event that a parcel requires relocation, the buyer will provide added coordination to the
City of South Bend to assist in finding and arranging for the relocation of the resident, tenant or
r_
~~2~~
.yaa~
ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERS SURVEYORS
December 16, 2010
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 3
business to a new location. It is DLL's understanding the City of South Bend will be the
relocation agent and DLZ will provide assistance.
D. Closing Services
1. Deliver checks to the land owners to complete the land purchase.
2. Obtain County Assessor's approval of the sales disclosure forms, verification of tax
identification numbers and Assessor stamp on documents prior to submission to County
Auditor.
3. Obtain County Auditor's approval of the deeds and sales disclosure forms and obtain Auditor
stamp on documents for recording.
4. Submit deeds to the County Recorder office for recording.
5. Procure original recorded documents subsequent to completion of recording activities.
6. Prepare final R/W Parcel File for submission to City of South Bend.
DELIVERABLES
1. Appraisal problem analysis documents for City of South Bend approval.
2. Appraisals for each parcel.
3. Review appraisals for each parcel.
4. Just compensation form to be submitted for approval.
5. Deeds and vouchers for City of South Bend approval and processing.
6. Donation, resolution and/or conveyance documents to establish appropriate ownership and intent of
ownership for roadway purposes for current City of South Bend owned parcels as identified in
Attachment A.
7. Original recorded documents.
8. Executed buyer documents.
9. Final R/W Parcel Files for City of South Bend records.
ADDITIONAL SERVICES
The following additional services, not included in the above scope, may be provided as desired or
necessary:
1. Right of way staking to be performed by LFA as needed.
2. Services of professional appraisers or negotiators as needed for condemnation.
~° ~
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS SURVEYORS
December 16, 2010
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 4
No additional services will be performed without prior written approval by Lawson-Fisher Associates
P.C. Approved additional services will be billed according to the Hourly Rates shown on Attachment
C.
CLIENT RESPONSIBILITIES
1. Right of way parcel descriptions and plats.
2. Final right of way plans.
3. Information on prior contact with land owners by City of South Bend or LFA personnel.
SCHEDULE OF SERVICES
Total Acquisition Parcels
Based on City of South Bend and LFA project schedule, there are seven (7) total acquisition parcels with
Right of Way Acquisition Services to begin in accordance with the identified schedule of services for
the total acquisition parcels in January 2011, upon DI.Z receipt of a signed proposal/subconsultant
agreement, notice to proceed and receipt of legal descriptions and right of way parcel plats prepared and
provided by LFA.
Partial Acquisition and Temporary Right of Way Parcels
Right of Way Acquisition Services for partial acquisition and temporary right of way parcels will
commence upon receipt of legal descriptions and right of way parcel plats as prepared throughout the
development of the design. DLZ proposes to initiate the Scope of Services outlined above for partial
acquisition and temporary right of way parcels, in accordance with the identified schedule of services,
based on an anticipated notice to proceed and receipt of legal descriptions and right of way parcel plats
for groupings of up to seven (7) parcels.
Schedule of Services
1. Appraisal problem analysis completed within 30 days after notice to proceed and receipt of parcel
legal descriptions and right-of--way parcel plats from LFA.
2. Appraisals to be completed within 60 days of receipt of appraisal problem analysis.
3. Relocation coordination activities will commence at time of initiation of appraisal services on those
`'~~~
ENGINEERS • ARCHITECTS SCIENTISTS
PLANNERS SURVEYORS
December 16, 2010
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 5
parcels designated as relocation parcels.
4. Appraisal reviews to be completed within 30 days of receipt of completed appraisals.
5. Negotiation services to commence within 15 days after approval of just compensation and
preliminary conveyance documents.
6. Closing services to be initiated within 30 days after offer presentation.
7. Acquisition to be complete approximately l35 days after approval of just compensation, unless the
parcel proceeds to condemnation, requires relocation or initial offer is rejected by the property
owner.
FEE FOR SERVICES
In consideration of the above outlined tasks, DLZ Indiana, I~LC will be compensated on a lump sum
basis, summarized as follows:
(Remainder of sheet intentionally left blank -Fee Schedule on following sheet)
k•
"~ c
..a°
ENGINEERS • ARCHITECT'S • SCIENTISTS
PLANNERS • SURVEYORS
December 16, 2010
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Aend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 6
,..
'CITY OF SOUTH BEND STREET DEVELOPMENT PLAN`
MAIN STREET`FROM; CHIPPEWA AVENUE TO IRELAND-ROAD
DESCRIPTION . FEES
A. Right of Way Acquisition Services Est.
No.
Parcels
Unit Price
1. Appraisal Problem Analysis 33 $220.00 $7,260.00
2. Appraisals (Billed per parcel at rates listed below)
Waiver Valuation 1 $500.00 $500.00
Value Finding 9 $2,000.00 $18,000.00
Short Form Residential 4 $2,000.00 $8,000.00
Short Form Commercial 3 $3,900.00 $11,700.00
Long Form Residential 2 $3,800.00 $7,600.00
Long Form Industrial 1 $7,800.00 $7,800.00
Long Form Commercial 13 $9,300.00 $120,900.00
3. Review Appraisals
Waiver Valuation 1 $225.00 $225.00
Value Finding 9 $900.00 $8,100.00
Short Form Residential 4 $900.00 $3,600.00
Short Form Commercial 3 $1,800.00 $5,400.00
Long Form Residential 2 $1,800.00 $3,600.00
Long Form Industrial 1 $3,600.00 $3,600.00
Long Form Commercial 13 $4,200.00 $54,600.00
4. Negotiation and Acquisition Coordination Services 33 $3,800.00 $125,400.00
4.1 Coordination for Dedication of City-Owned Parcels 4 $1,000.00 $4,000.00
5. Title and Encumbrance Report Update 37 $100.00 $3,700.00
6. Relocation Assistance 6 $1,500.00 $9,000.00
7. Closing Services 33 $450.00 $14,850.00
8. Recording Fees (Reimbursable) $3,700.00
TOTAL $421,535.00
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ENGfNEERS • ARCHITECTS • SCIENTISTS
PLANNERS SURVEYORS
December 16, 2010
RE: Proposal/subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 7
DLZ shall be compensated in accordance with the above fee schedule for any increases in the number of
parcels. Additionally, appraisal and appraisal review classifications, items A.2. and A.3 as contained
within the above fee schedule, were developed based on project and parcel information provided by
LFA as contained within Attachments A and B. If at any time during the preparation of the appraisal
problem analyses, appraisals and/or review appraisals, a parcel is determined to require a more complex
or expensive type of appraisal and/or appraisal review classification, DLZ shall be compensated in
accordance with the associated fee based on the final determination of type of appraisal and/or appraisal
review.
Services will be invoiced on a monthly basis, in accordance with percentage complete of each lump sum
task.
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions, as set forth as Attachment D, are incorporated hereinto and made
a part of this proposal/subconsultant agreement. The Owner referred to in the Standard Terms and
Conditions means Lawson-Fisher Associates P.C.
CLOSING
DLZ Indiana, LLC trusts this proposal/subconsultant agreement satisfactorily sets forth your
understanding of the project requirements, terms and conditions for the right-of--way acquisition
services. If this proposal/subconsultant agreement meets with your approval, please sign, date and return
one (1) copy to our office. Receipt of a signed copy will serve as our notice-to-proceed.
We thank you for the opportunity to present this proposal/subconsultant agreement. Please feel free to
contact us should you have any questions or need additional information.
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f:VGINLERS • ARCHITECTS SCIENTISTS
PLANNERS SURVEYORS
December 16, 2010
RE: Proposal/Subconsultant Agreement for Right of Way Acquisition Services for the City of South
Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland
Road
Page 8
Very truly yours,
DLZ INDIANA, LLC
r
Gary isk, P. .
Vice President
AGREED AND ACCEPTED
Lawson-Fisher Associates P.C.
By:
Title:
ATTEST: Date:
Samuel E. Wolfe, P.E., L.S.
Survey/Right of Way/Real Estate/LJtility
Coordination Division Manager
Attachments: As Noted
M:1ProposalslPlOTransporlationlLawson FisherlAcquisition Services agreemenllAcq Services for CSB Street and Development Plan L~~ason fisher 2010-
12-16.doc
Map DocumenP N.\2010\201024_00 SBN S Main Conn\GISW1XDUlcquSflionsmvtl)
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City of South Bend, Indiana
Proposed Street and Development Plan
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ATTAC'HME'NT C'
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEERING/ARCHITECTURAL
2010
'.; " Code ~ E,~ to a C'lussi rGUrion f~orrrly~Rate
1 Princi al $220.00
49 Division Mana er (Chief En ineer) $175.00
50 De artment Mana er $160.00
55 Re istered Land Surve or $130.00
21 Pro'ectMana er $135.00
214 Senior Ri ht-of-Wa En ineer $135.00
53/58 Engineer III/Architect III/Landscape Architect III/ $122.50
Planner Ill/Scientist III/Geolo ist III
52/57 Engineer II/Architect II/Landscape Architect II/ $112.50
Planner II/Desi ner III/Scientist II/Geolo ist II
51/56 Engineer I/Architect l/Landscape Architect I/ $90.00
Planner I/ Desi er II/Scientist I/Geolo ist I
28 Desi ner I $75.00
29 Technician $65.00
147 Construction Administrator $105.00
152 Construction Observer $85.00
43 Clerical $50.00
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143/99/99 3 - erson Surve Crew $182.50
142/99 Topographic Survey Crew (straight time) $145.00
142/99 Too a hic Surve Crew (over time) $220.00
63 1 - erson Field Crew $100.00
63 1 - erson Field Crew (over time) $140.00
GPS 1 - erson GPS/RTK Field Crew $160.00
13 Field Survey Technician $52.50
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Milea e (Outside of St. Jose h Coun ) $0.445/mile
Travel Ex erases Cost
Livin Ex erases Cost
Re roduction 1.1 multi Tier to the actual invoice
Subconsultants Lum Sum er arcel unit rice
E ui ment Rental 1.2 multi Tier to the actual invoice.
Rates are subject to revision on January 1, 2011.
Cost of livin~nflation increases of 3 to 7% per annum can be anticipated.
S:~DeptWdministrati velClericalUtATE512009REV H°urly Rates.doc
STANDARD TERMS AND CONDITIONS ATTACHMENT D
L INVOICE AND PAYMENT PROCEDURES: DLZ shall submit
invoices, once a month, at a minimum, to the OWNER for Services
accomplished during each calendar month.
The OWNER, as OWNER or authorized agent for the OWNER hereby
agrees that paymentwill be made for said Serviceswithin thirty (30) days
from the date of the invoice; and, in default of such payment, hereby
agrees to pay all cost of collection, including reasonable attorney fees,
regardless of whether legal action is initiated. The OWNER hereby
acknowledges that unpaid invoiceshall accrue interestat 1 S percentper
annum after they have been outstanding for over thirty (30) days. Tf an
invoice remains unpaid sixty (60) days after the date of the invoice, DLZ
may, upon giving seven (7) days written notice of its intent to do so,
suspend all Services on the OWNER=s project. This suspension shall
remain in effect until all unpaid invoices are paid in full. If an invoice
remains unpaid ninety (90) days after the date of the invoice,DLZ may,
upon giving seven (7) days written notice of its intent to do so, declare
OWNER to be in breach of this Agreementand pursue its remedies for
collection.
2. CONSTRUCTION SERVICES: If, under this Agreement,
professional services are provided during the construction phase of the
project, DLZ shall not be responsible for or have control over means.
methods, tecttniques,sequences, or procedures; or for safety precautions
and programs in connectionwith the Work. Nor shat I DL7_ be responsible
for the Contractor--s failure to carry out the Work in accordancewith the
Contract Documentsor for Contractor=s failure to comply with applicable
laws, ordinances, rulesorregutations. Underno circumstanceswill DLZ
have any direct contractual relationshipwith the Construction Manager,
Contractor, any subcontractors, material suppliers or other consultants
unless DLZ and the Owner expressly agree otherwise in writing.
O WNER agrees that DLZ will perform on-si to construction review for this
project and that such services will not be performed by others.
3. SUBSURFACE INVESTIGATION: DLZ makes no
representations concemingoil conditionsunlessspecificallyincludedin
writing in this agreement,and DLZ is not responsiblefor any liabilitythat
may arise out of the making or fai lureto make soil surveys,orsub-surface
soil tests, or general soil testing.
4. AGENCY REVIEW; In the event that the plans, specifications,
and/or field work covered by this contract are those required by various
governmentalagenciesand in the event, that due to change of policy of
said agencies after the date of this agreement, additional office or field
work is required,the said additionalwork shall be paid for by OWNER as
extra work.
8. SAFETY: DLZ shall establish and maintain programs and
procedures for the safety of its employees. DLZ specifically disclauns any
authority or responsibility~for general job site safety and safety of persons
other than DLL employees.
9. REUSE OF PROJECT DELIVERABLES: Reuse of any
documentsor otherdeliveraSles, includingelectronicmedia, pertainingto
the Project by OWNER for any purpose other than that for which such
documents or deliverablewere onginallyprepazed, or alternationofsuch
documentsor del iverableswi thout written verification or adaption by DLZ
for the specific purpose intended, shall be at 0 WNE&s sole risk.
10. OPINIONS OF CONSTRUCTION COST: Any opinion of
constructioncosts prepazedby DL7, is suppliedfor the general guidance of
theOWNERonly. Since DLZ has no controlovercompetitivebiddingor
mazketconditions,DLZ cannot guazanteethe accuracyof such opinions as
compared to contract bids or actual cost to OWNER.
11. INSURANCE: DLZ will maintain insurance coverage for
Professional, Comprehensive General, Automobile, Workers
Compensationand Employers Liability in amounts in accordance with
legal, and DLZ business, requirements. Certificates evidencing such
coverage will be provided to OWNER upon request. For projects
involving construction, OWNER agrees to requin: its construction
contractor, ifany, to include DLZ asin additionalinsuredon its policies
relatingto the Project. DLZ coveragereferencedaboveshall, in such case,
be excess over contractors primary coverage.
12. INDEMNITY: To the fullestextent permitted by law,DLZ shall
indemnifyand save harmless from and against loss, liability,and damages
sustained by OWNER, its employees, and representativesby reason of
injury or death to persons or damage to tangible property to the extent
caused directly by the negligence of DLZ or its employees.
13. LIMITATIONS OF LIABILITY: No employeeof DLZ shall
have individual liability to OWNER. OWNER agrees that, to the fullest
extent permittedby law, DI,7_=s total liabilityto OWNER for any and all
injuries, claims, losses, expensesor damages whatsoeverazisingout of or
in any way related to the Project or this Agreement from any causes
including,but not limited to, DLZ=s negligence,error, omissions, strict
liability, or breach of contract shall not exceed the total compensation
received by DLZ under this Agreement. if OWNER desires a limit of
liability greater than provided above, OWNER and DLZ shall include in
the Agreementthe amount of such limit and the additionalcompensation
to be paid b DLZ for assumption of such risk.
5. SURVEY STAHING: In the event that any stakingis destroyedby
an act of God or parties otherthan DLZ, the cost of restakingshall be paid
for by OWNER as extra work.
6. MISCELLANEOUS EXPENSES: The O WNER shall pay the costs
of checking and inspection fee, zoning andannexationapplicationfees,
assessmentfees,soils engineeringfees, soi lstesting fees, aerial topography
fees, and all other fees, permits, bond premiums, title company charges,
blueprintsand reproductions,and all othercharges not specifically covered
by the terms of this agreement.
7. CHANGE OF SCOPE: The Scope of Services set forth in this
Agreement is based on facts known at the time of execution of this
Agreement, including, if applicable, information supplied by DLZ and
OWNER. DLZ will promptlynotifyOWNERofanyperceivedchanges
of scope in writing and the parties shall negotiate modifications to this
Agreement before commencement of change in scope.
14. PREVAILING PARTY Ll'I'IGATIONCOSTS: Intheeventany
actions are broughtto enforce th is Agreement,the prevailing party shall be
entitled to collectits litigation costs from the other party. Any litigation
shall be governed by the laws of the state of Indiana.
15. AUTHORITY: The persons signing this Agreement warrant that
they have the authorityto sign as, or on behal fof, the party for whom they
are signing.
16. STATUTE OF LIMITATIONS: To the fullest extent permitted by
law, parties agree that, except for claims for indemnification,the time
period for bringing claims regarding DLZ=s performance under this
Agreement shall expire one year after Project Completion.
Revised 2/02 M ~ProposelslPl0TrensportationlLawson FisherlACquisition Services egreemeniAttechment D TertnCond.doc