Loading...
HomeMy WebLinkAboutAmendment No 2 to PSA - American Structurepoint Inc - Add Downtown Road, Traffic and Signal Improvements1316 COUNTY-Crry BuILDIN(j 227 W, JEFFERSON Boui,ilA ' VIU) Souni BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS April 10, 2018 Ryan Huebschman American Structurepoint, Inc. 205 W. Jefferson Blvd.,, Suite 404 South Bend, IN 46601 RE: Amendment No. 2 to Professional Services Agreement Dear Mr. T-luebschman: PHONE 574/235-9251 FAX 574/ 235-9,171 The Board of Public Works, at its meeting held on April 10, 2018,approved the above referenced amendment for additional downtown road, traffic, and signal improvements. Enclosed please find a copy of the agreement for your records, If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c Roger Nawrot, Engineering Jitin Kain, Public Works GARY A. GILOT SUZANNA M. FRITZBERG ELIZA BE'rj I A. MARADI K JAMEs A. MUELLER TI IER ESE J. DORAL) DocuSign EnWlope ID: 8DED509C-682A-482A-9EC2-F6435D18D4E9 This is Attachment 1, consisting of b pages, to Amendment No. 2. Modifications 1. Engineer shall perform the following Additional Services: Part LC of Exhibit A is added to read as follows: C. Right -of -Way Services 1. Right -of -Way Management and Supervision a. Engineer shall be responsible for administering, scheduling, and coordinating all activities necessary to certify right-of-way has been acquired and the project is clear for construction letting. This responsibility shall include: i) Meetings, conferences, and communications with property owners, relocatees, attorneys, engineers, appraisers, buyers, and Owner ii) Revisions to construction plans, right-of-way plans, plats, legal descriptions, and right-of-way stake -outs that may be required b. These right-of-way services include all reasonable services as required to secure all parcels based on the approved engineering design or to recommend to the Owner that condemnation proceedings be filed. C. The Engineer shall make arrangements for delivery of payment to each property owner and/or displacee. i) the original Title and Encumbrance Report that affect the caption property. 2. Appraising a. Information pertaining to the Appraisers shall be submitted to Owner prior to Owner giving the Notice to Proceed on the Appraising. b. The Appraiser(s) shall be a licensed appraiser in the State of Indiana. C. No services by the Appraiser(s) shall be sublet, assigned, or otherwise performed by anyone other than the Appraiser(s). d. Should the quality and/or progress of the appraisals be deemed unsatisfactory, the Owner may terminate the services of the Appraiser(s) by giving five (5) days written notice. The earned value of the services performed shall be based upon an estimate of the portion of the services as have been rendered by the Appraiser(s) to the date of termination. All services, completed or partially completed, shall become the property of the Owner. T - - Page l of 6 - - - - - 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-9EC2-F6435D18D4E9 C. The Appraiser(s) shall examine the plans for this project and review in the field the various parcels herein designated. f. The Appraiser(s) shall give the owner of each parcel to be appraised the opportunity to accompany the Appraiser(s) during the inspection of the parcel. g. The Appraiser(s) shall follow accepted principles and techniques in evaluation of real property in accordance with state laws. Any appraisal that does not meet requirements shall be further documented or reappraised, as the case may be, without additional compensation to the Appraiser(s). h. The Appraiser(s) will furnish the Owner, attached to each report, all comparables used in the report, consisting of sufficient sales data in the vicinity of the project and of such recent date that a pattern of values may be established. Each comparable property is to be identified by photograph and will be located on electronic map attached to each report that is to be furnished to the Owner. The Appraiser(s) shall not give consideration to nor include in the appraisal any allowance for relocation assistance benefits. Where an entire property is to be acquired, the estimate of just compensation shall be the fair market value of the property. Where only part of a property is to be acquired, the estimate of just compensation shall be that amount arrived at in accordance with the laws governing just compensation applicable to the acquiring agency, including those laws governing compensable and non-compensable items and the treatment of general and special benefits. For whole or partial acquisitions, the appraisal report shall show what in the appraiser's judgment is a reasonable allocation of the "before value" to the various land, building, and other improvement components. For partial acquisitions, the appraisal report shall further show a similar allocation of the "after value." k. In estimating just compensation for the acquisition of real property, appraisal reports shall to the greatest extent practicable under state law, disregard any decrease or increase in the fair market value of the real property prior to the date of valuation caused by the public improvement for which such property would be acquired for such improvement, other than that due to physical deterioration within the reasonable control of the owner. Documentation of estimates of value (either the before, the after, or the acquisition value) of damages and/or of special benefits shall be by the most applicable and appropriate means available. If support for the after value by the usual methods of market or income data or indications from severance damage studies is not feasible, the Appraiser(s) shall so state and explain why it is not feasible. In such instances, the Appraiser(s) must then fully explain the reasoning for the after value estimate. in. The Appraiser's report shall conform to statutory and judicial determinations regarding non-compensable items. i) The purpose of the appraisal, which includes a statement of value to be estimated and the rights or interests being appraised. Page 2 of 6 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-9EC2-F6435D18D4E9 ii) Identification of the property and its ownership, including at least a 5-year delineation of title, iii) Statement of appropriate contingent and limiting conditions, if any. iv) An adequate description v) Identified photographs of the subject property, including all principal above -ground improvements or unusual features affecting the value of the property to be acquired or damaged. vi) An identification or listing of the buildings, structures, and other improvements on the land, as well as the fixtures that the Appraiser considers to be a part of the real property to be acquired. vii) The estimate of just compensation for or resulting from the acquisition. In the case of a partial acquisition, where appropriate, the Appraiser(s) shall make a reasonable allocation of the estimate of just compensation for the real property to be acquired and for damages and/or special benefits to remaining real property. viii) The date(s) on which and/or as of which, as appropriate, the just compensation is estimated. The effective date of value estimate must be the last day of inspection. ix) The certification, signature, and date of signature of the Appraiser(s). x) Other descriptive material (maps, charts, plans, and photographs). xi) That the property owner was given the opportunity to accompany the Appraiser(s) during the inspection of the property. n. Appraisal reports shall be typewritten and dated and signed by the individual making the appraisal. o. Each appraisal report shall contain an appraiser's certification. A new certificate shall be prepared where there is a change in the appraisal report that affects the estimate of just compensation or changes the date of valuation. An exception to including all requirements in each appraisal report is permitted where project data containing the same information has been developed to supplement the reports. In such instances, an appropriate reference to the information may be considered as equivalent to its inclusion in the appraisal report. P. The Appraiser(s) agrees/agree to furnish one white copy and one green copy of the appraisal report. q. The Appraiser(s) agrees/agree to updating reports for one year after the initial completion of the report and/or testifying in court on behalf of the Owner on any of the parcels described herein. In consideration for actions taken, the Owner will agree in writing to fees for testimony prior to the date the Appraiser must testify. Page 3 of 6 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-9EC2-F6435D98D4Eg r. All information contained in the appraisal report and all parts thereof are to be treated as a privileged communication. The Appraiser(s) shall take all necessary steps to ensure neither he/she nor any member of his/her staff or organization divulges any information concerning the report except to a duly authorized representative of the Owner, until authorized in writing by the Owner to reveal the communication to another designated party. 3. Buying a, The Engineer shall perform the buying services covered by this Agreement through the services of a subconsultant. The Buyer shall be a licensed real estate broker in the State of Indiana or an attorney licensed to practice law in the State of Indiana. b. No services by the Buyer shall be sublet, assigned, or otherwise performed by anyone other than the Buyer. C. The Buyer shall make every reasonable effort to acquire expeditiously parcels listed herein. d. The Buyer shall make a prompt offer to acquire each parcel for the full amount that has been established and approved as just compensation for the acquisition. The Uniform Property or Easement offer letter shall be given each parcel owner or sent by certified mail with return receipt requested. e. Upon initiation of buying, the Buyer shall provide owner of real property to be acquired with a written statement of, and a summary of the basis for, the amount that has been established by the Owner as just compensation for the proposed acquisition. f. The Buyer shall perform the services under this Agreement in compliance with the following regulations: i) Make all reasonable efforts to personally contact each owner or his designated representative, explain the acquisition, and offer in writing the approved estimate of just compensation. When all efforts to make a personal contact have failed, or in the event the property owner resides out of state, the owner may be contacted by certified or registered first-class mail or other means appropriate to the situation. ii) The owner of improvements located on lands being acquired for right-of- way should be offered the option of retaining those improvements at a retention value determined by the Buyer and approved by the Owner. iii) A revised offer and summary statement of just compensation shall be provided to the owner if the extent of the taking is revised. iv) The Buyer shall maintain adequate records to include a report for each parcel containing but not limited to: (a) The date and place of contact Page 4 of 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-9EC2-F6435D18D4E9 (b) Parties of interest contacted (c) Offer made (d) Counter-offer or reasons offer was not accepted (e) The report must be signed and dated by the Buyer, and initiated by the person contacted. v) The property owner may be given a copy of the report on each contact. vi) When attempts to buy are unsuccessful, the Buyer shall prepare his/her recommendation for action and submit it to the Owner. (a) The recommendation shall consider administrative settlement, including amount of settlement and reasons for a settlement. (b) Otherwise, a condemnation report shall be filled out, title update ordered, and completed file submitted with the completed file after receiving a completed title update. g. All information contained in the appraisal shall be treated as confidential. The Buyer is to take all steps to ensure that he/she does not divulge any of this information to anyone other than a duly authorized representative of the Owner unless authorized in writing by the Owner to reveal the information to another designated party. h. Should the quality and/or progress of the buying be unsatisfactory, the Owner may terminate the services of the Buyer by giving five (5) days written notice. The earned value of the services performed shall be based upon the percentage of services completed at the time of the termination. All records of the Buyer and services completed or partially completed, shall become the property of the Owner. i. If condemnation services are required, the Engineer can provide them as an Additional Service. 4. Recording a. Unless the Owner takes charge of recordation, the Engineer shall record all documents necessary to provide clear title to the Owner. This may include but is not necessarily limited to deeds, easements, partial mortgage releases, etc. 2. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: Section 7.01A.01 is revised to read as follows; 1. For services other than right-of-way engineering, an amount equal to the cumulative hours charged to the Project by each class of Engineer's employees 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, not to exceed $1 C� $138,980. - - Page 5 of G - - - - - — 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-SEC2-F6435D18D4E9 Section 7.01A.3 is added to read as follows: 3. The Engineer will be paid for the work performed under this Agreement related to right- of-way land acquisition services based on the specific cost per unit multiplied by the actual units of work. The final amount will be adjusted according to the actual subconsultant invoices; however, the final amount shall not exceed $18,120 unless and until a supplemental agreement is executed. Two 2 parcels are assumed. Page 6 of 6 - - - - - 201401351 DocuSign Envelope ID: 8DED509C-682A-482A-9EC2-F6435D18D4E9 AMENDMENT 2 TO OWNER -ENGINEER AGREEMENT 1. Background Data: a. Effective Date of Owner -Engineer Agreement: February 14, 2017 b. Owner: City of South Bend C. Engineer: American Structurepoint, Inc. d. Project: Additional South Bend Downtown Road, Traffic, and Signal Improvements 2. Nature of Amendment X Additional Services to be performed by Engineer X Modifications to Payment to Engineer 3. Description of Modifications Attachment 1, "Modifications" 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 the date of the latest required signature below. Owner: City of South Bend, Indiana Board of Public Works By: Ak. A4—t Title: Gary A. dlot, President By: '),� A 1 , //� - Title: a n tz e g e BY: Title: Elizabeth A. Maradik, Member By:�' Title: Therese J. Do •au, Member By: Title Attest: Title: 4 r)-- Mueller, Member Martin, Date: _ '&V Ll V Engineer: American Structurepoint, Inc. DocuSigned by: BY:�",9,,4qPb Titl chman, pE, PTOEproject Manager Date: 4/2/2018 - - - - - Page 1 of 1 - - - - - — 201401351 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 3, 2018 Name Roger Nawrot Department Public Works BPW Date April 10, 2018 Phone Extension 5932 H Agreement [I Contract U Proposal LJ Addendum ® Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ CIO & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control 71 Other: Amendment No. 2 Company or Vendor Name American Structurepoint, Inc. New Vendor ❑ Yes ® No E] If Yes, Approved by Purchasing MBEIWBE Contractor ❑ MBE E] WBE MBEIWBE Contractor Requested ❑ No ❑ Yes Name of Company Additional South Bend Downtown Road, Traffic and Signal Project Name Improvements Work Project Number 115-019 Funding Source TIF Bond Account No. Amount No Change Terms of Contract Not to Exceed Purpose/Description For Appraising and Purchasing two parcels of right of way on the south side of Sample Street west of Main Street. X Required Contractor's Certification Form Attached (Non -Collusion, Non -Discrimination, Non -Debarment, E-Verifv. Iran, etc.) Amount of Previous Amount ❑ Increase $ ❑ Decrease $ Current Percent of Change: New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original ❑ ❑ Roger Nawrot ❑ ❑ Jitin Kain ❑ ❑