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Community & Economic Development`` °�
. I80
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner 0it'
Subject: Relocation costs for Sinco Pool
Date: May 10, 2011
This is the staff report for additional expenses related to the relocation of Sinco Pool from
East Sample Street to the corner of South Michigan and Dayton Streets. On November 02,
2010, the Commission approved Resolution No. 2786 for the acquisition and relocation of
this long standing business. As it was understood at the time, the amount requested by the
owner was adequate for their relocation, which was acquired and relocated for Ivy Tech's
much needed expansion.
While going through the process of getting the needed permits for their relocation, the Fire
Department raised issues with the chemicals used by Sinco. Because the Department
could not explicitly tell Sinco what issues needed to be dealt with, Sinco had to hire an
outside firm to sort through the State and Local regulations.
In addition, Sinco had to install additional items not originally planned, including fire
suppression and monitoring equipment. These requirements have substantially hindered
Sinco's move to their new location, and have cost Sinco $6,884 in extra costs. Under our
relocation policy, these costs would have been included in the amount paid.
Staff believes Sinco put forth their best efforts in estimating the amount needed to relocate,
and requests approval of these minimal additional costs.
What We Do Today Makes A Difference!
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`��
Subject: Resolution 2873 and Addendum To Master Agency Agreement
Main- Lafayette Connector Project, Supplement #2
Date: May 3, 2011
Attached to this memorandum is Resolution 2873 and Amendment to the Addendum To Master
Agency Agreement for the Main - Lafayette Connector Project, Supplement #2. Attached to the
Addendum is a copy of the professional services proposal from Lawson - Fisher Associates P.C. to
add a sub - consultant for Relocation Agent Services for the right -of -way acquisition component of
the Main- Lafayette project.
In February, the Redevelopment Commission and Board of Public Works approved Resolution 2838
and Main - Lafayette Connector Project, Supplement #1 which provided acquisition services related
to right -of -way acquisition for the Main - Lafayette Connector Project. Once the contract was
approved, a project meeting occurred with City staff and the project team on March 3, 2011, and it
was determined that based upon the acquisition process and changes in State law that became
effective after the first of the year, an additional team member that focused on Relocation Services
needed to be added to the project team. Also as part of subsequent meetings, the scope and
design of the roadway plan has changed and the services will be much more focused on three main
acquisition parcels instead of seven as previously proposed.
The addition of the new team member requires an addition of $18,900.00 to the contract and brings
the total contract amount for relocation services to $440,435.00. Based on the change in scope of
the design of the project and the reduction of needed parcels for this project, it is anticipated that the
total amount of funding required to complete this component of the project will be less than the total
project amount.
Staff requests approval of this resolution and amendment for Supplement #2.
What We Do Today Makes A Difference!
RESOLUTION NO. 2873
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 #2)
2873 -11
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 42) 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
May 10, 2011, at 10:00 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 #2)
2873 -11
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 9th day of May, 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 #2 (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; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #1 during February 2011
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment, adding Supplement #2.
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 C ",
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)
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
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
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. Schallioi:
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:
i Contract Services Agreement, Attachment "A"
t Scope of Design Services, Attachment "B"
t Manhour Justification, Attachment "C"
Project Schedule, Attachment "D"
Project Construction Stages Map, Attachment "E"
I 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 WI SNINCTON AVENUE , SOUTH SEND, INDIANA 46601,,574-234-3167 0 574- 236 -1330 (FAX)
JOHN E. FISHER, P.E.
GREGORY L. HOLDEN, P.E.
LAVeSOK- FISKER ASSOCIATES P.C. _
PAUL A. HUMMEL, P.E.
PIPER C. TITTLE, P.E.
. 9018.95
JOHN A. MIDDLETON, P.E.
THOMAS S. SHARP, P.E.
THERESA E. HARRISON, P.E.
JON E. RIEMKE, P.E.
JEFFREY L. MCKEAN, P.E.
August g, 2010
g
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. GUZIK, P.E.
Mr. Bill Schalliol
MICHAEL F. JOHNSTON, P.E.
JEFFREY M. BYRD, P.E.
Community & Economic Development Specialist
JARED M.HUSS,P.E.
City of South Bend
SKY K. MEDORS, P.E.
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. Schallioi:
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:
i Contract Services Agreement, Attachment "A"
t Scope of Design Services, Attachment "B"
t Manhour Justification, Attachment "C"
Project Schedule, Attachment "D"
Project Construction Stages Map, Attachment "E"
I 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 WI SNINCTON AVENUE , SOUTH SEND, INDIANA 46601,,574-234-3167 0 574- 236 -1330 (FAX)
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,
Y ON- FISHER ASSOCIATES P.C.
ry L. Holden, P.E.
President, Senior Structural Engineer
Paul A. Hummel, P.E.
GLH:PAHIcas Senior Vice President/Senior Civil Engineer
Encls.
c: Carl Littrell, P.E. City Engineer
Michael F. Johnston, P.E.
ACCEPTED AND APPROVED this day of 2010
(Authorization is also Notice to Proceed)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
LFAXZN�L*.
ATTACHMENT A
LAWSON- FISHER ASSOCIATES P.C.
PAYMENTS TO ENGINEER
1. Methods of Payment for Services and Expenses of ENGINEER. OWNER shall pay ENGINEER for professional
Services and Expenses as follows:
1.1 Bask Services:
1.1.1 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) furnished 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.
1.1.3 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 Serving 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 rate of 1.35 times the rates in Paragraph
1.2.1. Compensation for ENGINEER's independent professional associates and consultants will be on the basis
provided in paragraph 1.2.2.
1.3 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 Eouipment. In addition to payments set out above, a charge may be made for specialized equipment usage
as required.
2. Times 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
A r rAcH mEf! it -sys
SCOPE OF DESIGN SERVICES
Environmental Screenings, Final Design, Right -of -Way Engineering
and Legal Descriptions, Construction Plans, and Bidding
South Main St. to Lafayette Connector & Roundabout
Stage I of Development area
Topographical, Location and Control Survev
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.
- l - Lawson- Fisher Associates P. C.
Project File 9018.95
August, 2010
Roadway Desican 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 1,600 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. A two-lane/three-
lane collector type roadway will be constructed as a crossing element of the roundabout providing a
connection from the Showplace 16 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, Inc.) 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:
Modern Two -Lane Roundabout:
Collector Roadway:
Local Street:
Surface Drainage:
City Utilities
Miscellaneous Design Elements:
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)
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 - Lawson- Fisher Associates P. C.
Project File 9018.95
August, 2010
4x•� 3 4�p
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.
Geotechnical lnves„ tination and Report
LFA's Sub - Consultant, Earth Exploration, Inc., 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:
e- 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.
o Bid Documents and Bidding
Environmental Documentation
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:
C_ Environmental Screening Report
v Rule 5 Submission
-3 - Lawson - Fisher Associates P. C.
Project File 9018.95
August, 2010
W"i �...
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 Engineering and Inspection
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.
Right- of-WAY Services
LFA 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 ENHANCEMER'T - ROUNDABOUT DESIGN, PEER REVIEI�V
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, 2010
ATTACHMENT 'C"
? " SOUTH MAIN S7 TO LAFA ETTE CONNECTOR AND ROUNDABOUT
STAFF HOUR JUSTIFICATION • PROJECT DESIGN DEVELOPMENT
Laaron- fisher Associairs P.C.
Project Fite No. 901A. 9J
Atqusr 1010
Work Detvent
No.
STAFF HOURS BY CLASSIl9CAT10N
701ai
SUBCO \SULTAN7
Shts.
Pmj. Manages
scmE Civil Snimlech,
Clerical
Hours
COST
PRELIMINARY DESIGN
Survey and F"Smina Plottin
Field Survey
4
6
320
Loe anon Route Control Sury and Plot NJ (By DI2)
330
Review S Field Data
8
$30,500
Coordnation and Control of" Sub-Consulimt
1
2
8
2
7
Prefimina Plan Submittal
Designer Field ion
4
4
Establish Grade Controls, are Overall Grade Profile
4
16
I2
8
Deli Pr ' `Geometries Pr overau Plan
?
8
24
32
12
46
Utility Coordination
1
8
q
P Pre' ' Title & Index Shuts
I
q
4
P Pre' T "Cross Sections
1
2
8
8
5
5
Prepare Preliminary Plan & Profile Sheets
2
8
16
24
19
Roundabout layout and atlin Pleas
4
16
24
4
50
48
Preli ti Ri htof -Wes Desip
2
4
8
Prelininary Drainage Design
2
12
1 4
14
Pre' Sant Sewer Dcs' n
1
10
4
18
Prok= Water Line Des'
u
4
3 5
is
Prepam Pre&riinary Approach & Drive Detail
2
16
Pnpam F*hnhutry Structure Data
4
12
18
Pmpam Prelifttinvy Cross Sections -
4
24
24
16
Prepare Co teal Maintenance Of Traffic
2
8
52
Preliminary Construction Cast Fstimsm
1
2
4
1
8 8
Environmental Screenin Repoli • • HaaMat (b AS[- Group)
Environmental Screening Report • Hist. Arch (by ASC Group)
59,127
Coordination and Control of Enviromnentai Sub - Consultant
1
2
2
$6,330
1
7
SUBTOTAL HOURS
0
17
76
100
464
9
746
S53,957
RIGHT -OF -WAY DESIGN
Dispositi on of Pr Plan Retie- Comments
1
2
4
7
Field Check Plans
Title Sheet and Index Sboet
�
1
4
5
Plan & Profile Shins
2
6
24
24
56
Signs
10
12
22
Sign Structures
12
20
32
Signals
12
6
18
Intersection Details
1
2
4
12
Roundabout Devils
2
24
12
24
19
62
Retain Walls
2
4
6
S ial Drainage Structures
1
2
4
7
Scut Sewer Details
2
8
16
Waterline Details
2
6
12
26
10
Maintenance ofTrafiic
2
4
8
16
t0
Cross Sections
2
8
28
42
80
Construction Cost Estimate -
1
2
4
1
8
CoMechninl tnvestipflon (by Earth Etplomflons, Inc.)
Coordination and Coraml of Gcotechnical Sub- Consultam
1
1
6
9
$7,167
Pavement Design
1
- 4
2
7
Utility Coordination
1
8
2
2
13
Hydraulics and Storm Sewer Cakvlations
2
6
36 -
2
46
PreliningryConstruction Cost Estimate
1
2
8
1
12
Field Check and Doom istion
- 4
4
2
10
Disposition of icid Check Review Corturierits
1
2
4
8
- 15
Public Information Meetly aration
Traffic - Maintenance Plan
1
2
4
7
Displays
1
4
12
4
21
Public Meeting
3
3
3
9
D' shion of Public Meeting Comments
1
2
4
2
9
Legal Descriptions and Transkr Dtrcuments (by DLZ Indiana, LLC)
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SOUTH MAIN ST TO LAFAYETTE CONNECTOR AND ROUNDABOUT
STAFF HOUR JUSTIFICATION • PROJECT DESIGN DEVELOPMENT
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525 W WASHINGTON AVENUE
SOUTH BEND, INDIANA 46601
PH. ($74) 234-3167
Attachment E
City of South Bend, Indiana
South Main St. to Lafayette
Connector and Roundabout
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
L FATAVA
CAWSON- FISHER ASSOCIATES P.C.
January 4, 2011
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
RIW Acquisition Services
Dear Mr. Schalliol:
GREGORY. HOLDEN, P.E.
PAUL A. HUMMEL, P.E.
PIPER C. TITTLE, P.E.
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. DETER, PE.
DENNIS A. ZEBELL, P.E.
BENJAMIN P. HOLDEN, P.E.
DAN G. DELGADO, P.E.
MICHAEL J. GUZIK, P.E.
MICHAEL F. JOHNSTON, P.E.
JEFFREY M. BYRD, P.E.
JARED M. HUSS, P.E.
SKY K. MEDORS, P.E.
GINA A. WEILBAKER, P.E.
AARON W. BLANK, P.L.S., 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:
• 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 9 574- 236 -1330 (Fax)
L FATAVA
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.
egory . H Iden, P.E.
President/Senior Structural Engineer
Paul A. Hummel, P.E.
GLH:PAH /bsa Senior Vice President/Senior Civil Engineer
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)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
2011.
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APPENDIX A
SCOPE OF ACQUISITION SERVICES
South Main Street to Lafayette Connector & Roundabout
Stage T 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 and /or 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
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
APPENDIX B
CITY OF SOUTH BEND, INDIANA
SOUTH MAIN STREET TO LAFAYETTE CONNECTOR AND ROUNDABOUT
STAFF HOUR JUSTIFICATION - SUPPLEMENTAL AGREEMENT NO. 7 - R/W ACQUISITION AND RELATED SERVICES
Wo,k Element
Est. No.
of Parcels
STAFF HOURS BY CLASSIFICATION
Total
Hours
SUBCONSULTANT
COST
I'mj. Manage
Senior Eng
Civil Eng.
Serim Tali.
Ciericat
APPRAISALS
Appraisal Problem Analysis
33
1
1
1
3
S 7,260.00
Appraisals
Waiver Valuation
1
S 500.00
Value Finding
9
1
1
I
3
S 18,000.00
Short Fonn Residential
4
1
1
$ 8,000.00
Short Form Commercial
3
$ 11,700.00
Long Form Residential
2
S 7,600.00
Long Fom Industrial
1
S 7,800.00
Long Form Commercial
13
1
1
1
3
S 120,900.00
Review Appraisals
-
Waiva Valuation
1
S 225.00
Value Finding
9
1
1 1
1
3
S 8,100.00
Short Form Residential
4
1
1
$ 3,600.00
Short Form Commaciel
3
$ 5,400.00
Long Form Residential
2
S 3,600.00
Long Form Industrial
1
$ 3,600.00
Long Form Commercial
13
1
I
1
3
$ 54,600.00
APPRAISAL SUBTOTAL
33
5
7
0
0
5
17
S 260,885.00
NEGOTIATION SERVICES
Negotiation and Auquistion Coordination Semi"
33
1
1
2
4
$ 125,400.00
Coordination for Dedication of City -Owned Parcels
4
1
1
2
$ 4,000.00
Title and Encvmbmnce Report Update
37
1
1
2
4
S 3,700.00
R/W Staking
33
1
4
50
55
NEGOTIATION SUBTOTAL
4
7
0
so
4
65
s 133,too.00
RELOCATION ASSISTANCE
Relocation Assistance to the City of South Bend
6
1
1
2
4
S 9,000.00
RELOCATION SUBTOTAL
1
1
0
0
2
4
$ 9,00000
CLOSING SERVICES
Closing Services
33
1
1
2
4
$ 14,850.00
Recording Fees
S 3,700.00
CLOSING SUBTOTAL
1
1
0
0
2
4
$ 18,550.00
DOCUMENTATION SERVICES
Recorded Subdivision Plat
1
4
14
12
2
33
Monumrntation
2
12
14
DOCUMENTATION SUBTOTAL
1
6
la
24
z
47
$
SUBTOTAL -A misals
5
7
0
0
5
17
$ 260,885.00
SUBTOTAL - Negotiation
4
7
0
50
4
65
$ 133,100.00
SUBTOTAL - Relocation
1
1
0
0
2
4
S 91000.00
SUBTOTAL - Closing
1
1
0
0
2
4
S 18,550.00
SUBTOTAL - Documentation
1
6
14
24
2
47
$
TOTAL HOURS
12
22
14
74
is
137
HOURLY RATES (2011)
$ 165.00
S 160.00
S 115.00
$ 105.00
S 85.00
COSTS
$ 1,980.00
$ 3,520.00
$ 1,610.00
$ 7,770.00
S 1,275.00
TOTAL COST
S 16,155.00
EXPENSES (Computes, Stakes & Misc.)
$ 809.00
SUBCONSULTANTS-
S 421,535.00
TOTAL FEE
$ 438,499.00
(LABOR) COSTS BY CATEGORY
APPRAISALS
s 825.001
S 1,120.00
$
S
$ 425.00
$ 263,255.00
NEGOTIATION SERVICES
$ 660.001$
1,120.00
S
$ 5,250.00
$ 340.00
S 140,470.00
RELOCATION ASSISTANCE
S 165.00
$ 160.00
S -
$
S 170.00
S 9,495.00
CLOSING SERVICES
S 165.00
$ 160.00
$
$
$ 170.00
S 19,045.00
DOCUMENTATION SERVICES
S 165.00
S 960.00
$ 1,610.00
$ 2,520.00
$ 170.00
$ 5,425.00
TOTAL SUPPLEMENTAL AGREEMENT
$ 438,499.00
Lauaon- Fisher Assoclorer PC
Project File No. 9019.79
Jannorr1011
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
December 16, 2010
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 • (574) 236 -4400 • FAX (574) 236 -4471
With Offices Throughout The Midwest
www.diz.com
DLZ
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 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
DLZ
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 DLZ'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.
DLZ
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
TotalAcquisition 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 DLZ 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
DLZ
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 135 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, LLC will be compensated on a lump sum
basis, summarized as follows:
(Remainder of sheet intentionally left blank — Fee Schedule on following sheet)
ENGINEERS DLZ
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 6
`CiTY. Of ` dUTH BENJD STREE°f DEVfLORM 911T FLAN
ROMAIN - REET -F-A6 a � NAp
.. ._ ...:... ..._ ........: - .....:..:.`...FEES:..
i)6SCRIPi1QN .. ..........
.
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.U0
DLZ
ENGINEERS • ARCHTTECfS • 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.
DLZ
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 8
Very truly yours,
DLZ INDIANA, LLC
.
0"' �_ L, 0
Gary isk, P. .
Vice President
AGREED AND ACCEPTED
Lawson - Fisher Associates P.C.
IN
Title:
ATTEST: Date:
Samuel E. Wolfe, P.E., L.S.
Survey/Right of Way/Real Estate/Utility
Coordination Division Manager
Attachments: As Noted
M:\ Proposals \PI OTransportation \Lawson Fisher \Acquisition Services agreement\Acq Services for CSB Strect and Development Plan Lawson fisher 2010 -
12- 16.doe
Map Document (U92010\201024_00 SBN S Main Conn1GIS\MXD1Acqu5itions.mxd)
11/302010 -- 1:01:56 PM
Attachment A
D
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Proposed St eet a Bend, Indiana
Proposed Street and Development Plan
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LAWSON -RSHER ASSOCIATES P.C.
525 W WASHINGTON AVENUE
(
SOUTH BEND, INDIANA 46601 S
PH. (574) 2343167
Land Acquisition Map
Attachment A
Attachment B
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A TT A IrYFMF.NT r
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEERING /ARCHITECTURAL
2010
63
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� Oil
3 i.G i . S.i.,. ..'=i•ru v •.z
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Princi al
$220.00
49
Division Manager (Chief Engineer)
$175.00
50
Department Manager
$160.00
55
-Registered Land Surveyor
$130.00
21.
Project Manager
$135.00
214
Senior Right-of-Way Engineer
$135.00
53/58
Engineer III /Architect III/Landscape Architect IIU
$122.50
Planner III /Scientist III/Geologist III
52/57
Engineer IUArchitect II/Landscape Architect II/
$112.50
Planner II/Designer III/Scientist II/Geologist II
51/56
Engineer I /Architect I /Landscape Architect 1/
$90.00
Planner U Designer II /Scientist I /Geolo ist I
28
Designer 1
$75.00
29
Technician
$65.00
147
Construction Administrator
$105.00
152
Construction Observer
$85.00
43
Clerical
$50.00
143/99/99
3 — person Survey Crew
142/99
142/99
Topographic Survey Crew (straight time)
Topographic Survey Crew (over time)
63
1 — person Field Crew
63
1 — person Field Crew (over time)
GPS
1— person GPS/RTK Field Crew
13
Field Survev Technician
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$182.50
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,afar' -uaa =.sh si• 1-
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$145.00
Mileage (Outside of St. Joseph County)
$220.00
Travel Expenses
$100.00
Living Expenses
Cost
Reproduction
$140.00
Subconsultants
Lump Sum per parcel unit price
E ui ment Rental
$160.00
$52.50
f S 1r i 1 tea P t ru n= i 11 t '.t!
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Mileage (Outside of St. Joseph County)
$0.445/mile
Travel Expenses
Cost
Living Expenses
Cost
Reproduction
1.1 multiplier to the actual invoice
Subconsultants
Lump Sum per parcel unit price
E ui ment Rental
1.2 multiplier to the actual invoice.
Rates are subject to revision on January 1, 2011.
Cost of living/inflation increases of 3 to 7% per annum can be anticipated.
S:\Dept\ Administrative \Clerica]\RATES52009REV Hourly Rales.doc
STANDARD TERMS AND CONDITIONS ATTACHMENT D
1. 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 attom" fees,
regardless of whether legal action is initiated. The OWNER hereby
acknowledges that unpaid invoiceshall accrue interestat 18 percentper
annum after they have been outstanding for over thirty (30) days. If 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 Agreement and 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, techniques, sequences, or procedures; or for safety precautions
and programs in connectionwith the Work. Nor shall DLZ be responsible
for the Contractor =s failure to carry out the Work in accordancewith the
Contract Documentsor for Contractor--s failureto comply with applicable
laws, ordinances,rules or regulations. Under no eircumstanceswill DLZ
have any direct contractual relationship with the Construction Manager,
Contractor, any subcontractors, material suppliers or other consultants
unless DLZ and the Owner expressly agree otherwise in writing.
OWNER agreesthat DLZ will perform on -site construction review for this
project and that such services will not be performed by others.
3. SUBSURFACE INVESTIGATION. DLZ makes no
representations concemin1poil condidonsunless specificallyincludedin
writing in this agreement,and DLZ is not responsiblefor any liabilitythat
may arise out of the making or failureto make soil surveys,or sub - 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
governmentalagencies and 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.
5. SURVEY STAKING: In the eventthat any stakingis destroyedby
an act of God or parties otherthan DLZ, the cost ofrestakingshall be paid
for by OWNER as extra work.
6. MISCELLANEOUS EXPENSES: The OWNER shall pay the costs
of checking and inspection fee, zoning and annexationapplicationfees,
assessmentfees, soils engineeringfees, soilstesting 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 promptly notif3OWNER of any perceivedchanges
of scope in writing and the parties shall negotiate modifications to this
Agreement before commencement of change in scope.
8. SAFETY: DLZ shall establish and maintain programs and
procedures for the safety of its employees. DLZ specifically disclaims any
authority or responsibilityfor general job site safety and safety of persons
other than DLZ employees.
9. .REUSE OF PROJECT DELIVERABLES: Reuse of any
documents or otherdeliveribles, includingelectronicmedia, pertainingto
the Project by OWNER for any purpose other than that for which such
documents or deliverablewere originallyprepared, or altemationof such
documentsor deliverableswithout written verification oradaption by DLZ
for the specific purpose intended, shall be at OWNERs sole risk.
10. OPINIONS OF CONSTRUCTION COST: Any opinion of
constructioncosts preparedby DLZ is suppliedfor the general guidance of
theOWNERonly. Since DLZ has no control over competitivebiddingor
market conditions,DLZ cannot guaranteethe accuracy of such opinions as
compared to contract bids or actual cost to OWNER.
11. INSURANCE: DLZ will maintain insurance coverage for
Professional, Comprehensive General, Automobile, Worker =s
Compensationand Employer--s Liability in amounts in accordancewith
legal, and DLZ business, requirements. Certificates evidencing such
coverage will be provided to OWNER upon request. For projects
involving construction, OWNER agrees to require its construction
contractor, if any, to include DLZ asm additional insured on its policies
relatingto the Project, DLZ coveragereferencedaboveshall, in such case,
be excess over contractors primary coverage.
12. INDEMNITY. To the fullestextent permitted by lawDLZ shall
indemnifyand save harmlessfrom and againstloss, 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
extentpermittedby law, DLZ =s total liabilityto OWNER for any and all
injuries, claims, losses, expensesor damages whatsoeverarising out 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 to DLZ for assumption of such risk.
14. PREVAILING PARTY LITIGATION COSTS: In the event any
actions are broughtto enforcethis Agreement,the prev -aging party shall be
entitledto collectits litigationcosts from the otherparty. 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 signas, oron behalfof, thepartyforwhomthey
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: ProposalsTIOTransportationEawson FisheAAcquisiGonServices agreemenlAttachment D TermCond.dec
Exhibit "C"
MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #2
See attached Amendment dated March 15, 2011
GREGORY L. HOLDEN, P.E.
PAULA. HUMMEL, P.E.
FmAVAVA
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. GUZIK, P.E.
MICHAEL F. JOHNSTON, P.E.
JEFFREY M. BYRD, P.E.
JARED M. HUSS, P.E.
March 15, 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 #2
Relocation Agent 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 Relocation Agent Services, Appendix A
• Revised Sub - consultant Proposal and Schedule, Appendix B.
The proposal was prepared at your request on the basis of our meeting on
March 3, 2011.
We propose this Scope of Services be performed on a per location basis as a
direct cost to our Sub - consultant. 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)
Mr. Bill Schalliol
March 15, 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.
GLH:PAH /sab
Encls.
c: Carl P. Littrell, P.E. City Engineer
Michael F. Johnston, P.E.
Very truly yours,
LAWSON- FISHER ASSOCIATES P.C.
AG
L. regorvolden, P.E.
President/Senior Structural Engineer
__� �Z�
Paul A. Hummel, P.E.
Senior Vice President/Senior Civil Engineer
ACCEPTED AND APPROVED this day of 12011
(Authorization is also Notice to Proceed)
CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
i
APPENDIX A
SCOPE OF RELOCATION AGENT SERV ICES
South Main Street to Lafayette Connector & Roundabout
Stage 1 of Development Area
Relocation Assistance to City of South Bend, (Revised)
Relocation Assistance will include a Relocation Agent and be provided under LFA project
management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in
Appendix B.
- 1 - Lawson - Fisher Associates P.C.
Project File 9019.79
March 15, 2011
4
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DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
March 14, 2011
Mr. Michael Johnston, P.E.
Lawson - Fisher Associates P.C.
525 West Washington Avenue
South Bend, IN 46615
RE: Supplemental Agreement to 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 Supplemental Agreement for a change in Scope of Services for the above referenced
project. DLZ original Scope of Services is based on Subconsultant Agreement for Right of Way
Acquisition Services dated December 16, 2010 and subsequent notice to proceed dated February 21,
2011. The original Scope of Services provided for the City of South Bend to function as the relocation
agent. This Supplemental Agreement is submitted in accordance with project direction for relocation
services to be completed by subconsultant through a qualified professional relocation agent.
LFA and DLZ therefore desire to amend the above referenced agreement as follows:
1. The first sentence of Page 1, Paragraph 1 of SCOPE OF SERVICES is revised as follows:
DLZ will furnish the services of qualified professionals including relocation agents, appraisers
and buyers as required, to perform the following tasks:
2. Page 2, SCOPE OF SERVICES, Item C. Relocation Assistance to City of South Bend Services is
revised as follows:
C. Relocation Assistance to Subconsultant Relocation Services
1. Coordinate attendance and participation by subconsultant relocation agent and /or DLZ
relocation assistance personnel during appraisal and /or acquisition meetings with
residents, tenants or businesses requiring relocation to document commitments(s) for
relocation and inventory ofpersonal Property and real yroyerty..
2. In the event that a parcel requires relocation, the buyer will provide added coordination to
the subconsultant relocation agent, as necessarv.
3. Page 3, SCOPE OF SERVICES, insert Item E. as follows:
2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471
With Offices Throughout The Midwest
www.dlz.com
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
March 14, 2011
RE: Supplemental Agreement to 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
E. Relocation Services
DLZ will obtain by subconsultant a qualified relocation agent to Perform the following,
1. The relocation agent shall provide the services outlined in Attachment E
2. Relocation agent shall accompany the appraiser and buver for the initial appraisal
observation at the Property to be acquired and assist in inventory of Personal property
and real property.
3. The relocation agent shall initiate research of comparable Properties for relocating the
owner or tenant upon completion of the appraisal. The appraisal will define the
building and land values used to research and identify the comparable Properties
4. After Presentation of the offer to Purchase, the relocation agent shall meet with each
owner, tenant and/or designated representative to coordinate necessary relocation
services.
S. Relocation documents and vouchers are separate from the buying documents and will
be coordinated by the relocation agent directly with DLZ. LFA and City of South Bend
officials.
4. Page 3, DELIVERABLES, insert Item 10 as follows:
10. Applicable relocation services documents and claim vouchers for records and/or
processing by the City of South Bend
5. Page 3, ADDITIONAL SERVICES, Item 2 is revised as follows:
2. Services of professional relocation agents, appraisers or negotiators as needed for
condemnation.
6. Page 4, SCHEDULE OF SERVICES, after Total Acquisition Parcels, Paragraph 1, insert the
following:
Relocation Parcels
Relocation services shall commence upon notice to Proceed and receipt of signed
Supplemental Agreement, dated March 14, 2011. Schedule of services shall be coordinated for
attendance by relocation agent at initial appraisal observation. Relocation agent shall
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
March 14, 2011
RE: Supplemental Agreement to 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
schedule meeting with owner, tenant and/or des1knated representative to initiate relocation
services within five (S) business days of Presentation of offer by buver Relocation agent shall
complete additional required relocation services in accordance with project schedule as agreed
to by City, of South Bend
7. Page 6, FEE FOR SERVICES, fee schedule, is to be removed and replaced with revised fee schedule
as follows (fee schedule on following sheet):
(Remainder of this page intentionally left blank)
0
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
March 14, 2011
RE: Supplemental Agreement to 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
CITY Or SOUTH BEND STREET DEVELOPMENT PLAN
MAIN'STREET FROM CHIPPEWA AVENUE TO IRELAND. ROAD
D ES, CRIPTIQN _
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
-$3,900-00
$8,000.00
Short Form Commercial
3
$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
$9 ,300.00
$120,900.00
3. Review Appraisals
ff13
Waiver Valuation
$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
9. Relocation Services Fees
6
3150.00
$18,900.00
440 435.00
TOTAL
DL
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
March 14, 2011
RE: Supplemental Agreement to 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
8. Page 7, FEE FOR SERVICES, after Paragraph 1, insert new Paragraph as follows:
DLZ shall be compensated in accordance with the fee schedule for any increases in the
number of relocations due to unknown leases and/or business operations associated with the
above referenced parcels; and/or additional relocations necessitated by revisions to proiect
design.
9. Insert Page 13, ATTACHMENT E, to be located after ATTACHMENT D.
10. Compensation:
This supplement increases the current contract amount of $421,535.00 by $18.900.00 to $440.435.00.
All other terms and conditions as set forth in the original contract, dated December 16, 2010 with
subsequent notice to proceed dated February 21, 2011, shall remain in full force and effect, except as
herein modified.
DLZ thanks you for the opportunity to present this supplemental agreement. If this 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.
Please feel free to contact us should you have any questions or need additional information.
DLZ
ENGINEERS - ARCHITECTS • SCIENTISTS
PLANNERS- SURVEYORS
March 14, 2011
RE: Supplemental Agreement to 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 6
Very truly yours,
DLZ INDIANA, LLC
Gary K. Fisk, t.E.
Vice President
AGREED AND ACCEPTED
Lawson - Fisher Associates P.C.
LO-A
Title:
ATTEST: Date:
'Samuel E. Wolfe, P.E., L.S.
Survey /Right of Way/Real Estate/Utility
Coordination Division Manager
Attachment: As Noted
M: \PROD \1161\ 6022 \Docs\Agreement\Acquisition Services agreement\Supplement for Relocation Services \Supplement Acq Services for CSB Street and
Development Plan Lawson Fisher 2011- 03- 14.doc
Attachment E
Scope of Services
Relocation Services
A. The SUBCONSULTANT shall make every reasonable effort to expeditiously
complete relocation activities for assigned parcel(s).
The SUBCONSULTANT shall make prompt contact with the relocatee to
explain all Relocation entitlements for which the relocatee is eligible. In
accomplishing the above, the SUBCONSULTANT shall do the following:
Make all reasonable efforts to personally contact each owner or his
designated representative and explain all Relocation entitlements. When all
efforts to make 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.
No later than the first contact when the Relocation entitlements are discussed,
the SUBCONSULTANT shall give the owner a brochure describing the
Relocation process and the owner's rights, privileges and obligations.
B. The SUBCONSULTANT shall maintain adequate records for each parcel
containing, but not limited to:
1. The date, time and place of contact,
2. The parties of interest contacted,
3. A.list of the Relocation entitlements explained,
4. The signature of the SUBCONSULTANT and the person contacted
on all applicable Relocation forms. If the person contacted refuses to
sign, this must be noted on all applicable forms.
C. The SUBCONSULTANT further agrees that the parcel(s) shall be sufficiently
documented to meet the minimum standards set out in Title 49 CFR Part 24
and all attachments and amendments thereto. Said Title CFR Part 24
attachments and amendments are incorporated into this agreement by
reference and made a part hereto. The SUBCONSULTANT further agrees to
follow accepted principles and techniques of the Relocation process in
accordance with existing State Laws, the "Relocation Policy and Procedures
Manual ", this "Appendix "A ", and any necessary interpretation of these
furnished by iNDOT. Any parcel that does not meet such requirements shall
be further documented without additional compensation to the
SUBCONSULTANT.
A -1