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No. 2672 approving/authorizing the execution of an addendum to the Master Agency Agreement (Michigan Street S-Curve Removal)
RESOLUTION NO. 2672 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Michigan Street S -Curve Removal) 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, pursuant to the Master Agency Agreement, the Commission desires to add the Michigan Street S -Curve Removal to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Michigan Street S -Curve Removal) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the 0 Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on Ap ril 26, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTE Nancy Kiifi, Secret South Bend Redevelopment Commission • �J CITY OF SOUTH BEND, DEPARTMENT OF EVELOPMENT Marcia I. Jones., Pre ent South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Michigan Street S -Curve Removal) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 26th day of April, 2010, 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 Michigan Street S -Curve Removal (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, pursuant to the Master Agency Agreement, the Commission desires to add the Michigan Street S -Curve Removal to the Master Agency Agreement by way of this Addendum. 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 more specifically described in "Exhibit A ", attached hereto and made a part hereof. 0 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. Don Inks or Jeff Gibney is 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. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission 0 ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: 0 Linda Martin, Clerk F 0� ULZ S • ARCHITECTS • SCANNERS • SURMORS March 31, 2010 Mr. Gary A. Gilot, P.E. Director of Public Works City of South Bend County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Re: Supplemental Agreement No. 1 Michigan Street, S -Curve Removal DLZ Account No. 0761 - 2689 -90 Dear Mr. Gilot: APR 0 5 2010 O'V' Off' E(t0lNSER1NC Please find enclosed three copies of Supplemental Agreement No. 1 for the above - mentioned project. Per our original agreement dated July 23, 2007, we had developed up to 20% design plans, prior to the project being placed on hold. Based on the coordination with City and Memorial Hospital, we are requesting the following revisions to the Agreement: 41. Items as described in the agreement and shown in Figure 2. 2. Exhibit 1 is switched to show 2010 rates instead of 2007 . rates. We hope that this Supplemental Agreement meets with your approval and acceptance. We will be happy to meet with you at your convenience to discuss the Supplemental Agreement in detail. DLZ appreciates this opportunity to provide continued service to the City of South Bend on this important project. Very truly yours, DLZ INDIANA, LLC . Zwierzynski, P. . XMden) cc: File IN1PROA0761 126891docslagreemmt\SA#I\SA#1 tmnsmitW.doc 2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471 With offices Throughout The Midwest auww.r117 MM SUPPLEMENTAL AGREEMENT NO.1 0 This supplemental A reement No. 1 is made and entered into this day of PR g 2010, by and between the CITY OF SOUTH BEND, INDIANA, acting by and through the BOARD OF PUBLIC WORKS, hereinafter referred to as the "OWNER ", and DLZ INDIANA, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana 46615, hereinafter referred to as the "ENGINEER ". • WITNESSETH WHEREAS, the OWNER and ENGINEER did, on July 23, 2007 enter into an agreement for preparation of construction documents for certain street improvements along Michigan Street, Madison Street, Marion Street, Lafayette Street and Main Street WHEREAS, the OWNER has requested certain additional services not included in the original contract dated July 23, 2007, specifically improvements along Michigan Street, Madison Street, Navarre Street, Bartlett Street, Lafayette Street and a consolidated parking lot bounded by Michigan, Main, Madison and LaSalle Streets. NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above referenced Design Contract as follows: 1. Add Sections A .114 -A.17 to Appendix "A" as follows: 14. Complete topographic survey from back of walk within the block bounded by Michigan Street, LaSalle Avenue, Main Street and Madison Street, not including Burger King Property, located in the northeast corner of Main Street and LaSalle Avenue. The total area is approximately 2.5 acres. 15. Complete topographic survey along Michigan Street, between Navarre Street and Bartlett Street, from the east curb line to the face of the building, approximately 25 feet in width. The location of the existing trees will also be picked up along the west side. The length of survey along Michigan Street will be approximately 660 feet. 16. Complete topographic survey on north side of Navarre Street, between Michigan Street and the first alley to the east, approximately 40 feet in width. The length of survey along Navarre Street will be approximately 185 feet. 17. Complete topographic survey on the south side of Bartlett Street, between Michigan Street and the first alley to the east, approximately 35 feet in width. The length of survey along Bartlett Street will be approximately 185 feet. II. Figure 1 is replaced and included herewith. 1 of 13 Supplemental Agreement No. 1 Ill. Section B of Appendix "A" is modified as follows: B. The Project, as described herein, shall consist of preparing preliminary/grade review design (3M 20% complete plans) for the following: IV. Section C of Appendix "A" is modified as follows: C. The ENGINEER will prepare prelieinayf conceptual (39°, 20% complete) traffic signal plans at the following intersections: V. Section D of Appendix "A" is modified as follows: D. The ENGINEER will prepare prelimiRaFy conceptual (3"0 20% complete) traffic signal modification plans at the following intersections: VI. Section L of Appendix "A" is modified as follows: L. The ENGINEER shall prepare preliminary (39- °, Complete) 25% roadway signing design and plans for this project. All signing will be in accordance with the Indiana MUTCD. Overhead signage will be designed modified for the lane drops along northbound Michigan Street VII. Section M of Appendix "A" is deleted in its entirety: 0 M. Not Used. • Vlll. Section O of Appendix "A" is modified as follows: O. The ENGINEER shall identify areas where land acquisition would be required to construct the project. If requested by the OWNER, the ENGINEER shall obtain title abstracting and shall prepare plats and legal descriptions for up to 4-0 & parcels. IX. Add_ Section R to Appendix "A" as follows: R. The ENGINEER shall prepare construction plans for the items described below (Bid Packages 1 & 2) (see Figure 2). The Bid Package 1 shall consist of improvements along the streets including but not limited to pavement replacement, new curb, sidewalks, tree lawns, irrigation system and electrical services. New curb and gutter will be provided on Madison and Lafayette Streets. Bid Package 2 shall consist of converting the block bounded by Michigan, Main, LaSalle and Madison Streets into a consolidated parking lot The parking lot shall not include the Burger King Property located in the northeast corner of the intersection of Main Street and LaSalle Street. All the scope items described below may be tailored as necessary to meet the construction budget of $3,450,000.00. 2 of 13 Supplemental Agreement No. 1 t Bid Package 1 shall comprise of the following items: 1. The ENGINEER shall design a southbound exclusive right turn lane at the intersection of Michigan Street and Bartlett Street, including the signal modification and replacement of curb, sidewalk and tree lawn. The bus shelter shall be removed and not relocated for the right turn lane. The Corner of the parking lot will be reconfigured to accommodate a tree lawn /sidewalk along the turn lane. The feasibility of relocation of south crosswalk on Michigan Street will also be checked There will be no provision of stamped concrete crosswalks at this location. The total length of improvements along Michigan Street is approximately 300 feet. A new irrigated free lawn and lighting will be provided as part of this item on the west side of Michigan Street Z The ENGINEER shall design the widening of Bartlett Street, west of Michigan Street, to provide a westbound left turn for entrance into the Bartlett Street Garage. The existing parallel parking row may be removed on the north side of the street to accommodate the turn lane. The total length of improvements along Bartlett Street is approximately 300 feet A new irrigated tree lawn and lighting will be provided as part of this item on the north side of Bartlett Street. 3. The ENGINEER shall design Madison Street for two -way traffic between Lafayette' Street and Michigan Street. The design of Madison Street shall include removing the existing brick pavement and reconstructing with full -depth asphalt pavement from Lafayette Street to Michigan Street The curb and sidewalks will also be replaced. If allowed by the existing R/W, a center turn lane will be accommodated. The total length of improvements along Madison Street is approximately 900 feet A new irrigated tree lawn will be provided as part of this item on both sides of Madison Street. 4. The ENGINEER shall design placement/replacemenf of curb and sidewalks, as needed, on Marion Street, between Michigan Street and Lafayette Street. The existing bituminous pavement along Marion Street will be milled and overlayed with V/2" of surface. The total length of improvements along Marion Street is approximately 700 feet 3of13 Supplemental Agreement No. 1 5. The ENGINEER shall design Lafayette Street, between Madison 48 Street and Navarre Street The design shall include removing the existing brick pavement and reconstructing with full -depth asphalt pavement from Madison Street to Navarre Street The total length of improvements on Lafayette Street is approximately 1,000 feet. There will be no improvements to the sidewalk and the lighting for this item. 6. The ENGINEER shall design placementlreplacement of curb and sidewalk, as needed, on Main Street, between Marion Street and Navarre Street, on the west side of street. The existing bituminous pavement along Main Street will be milled and over►ayed with 9%" of surface. The OWNER desires to provide angled parking on Main Street on the east side, from Main Street to approximately 250 feet north. In accordance with the supplied plan (Figure 3), sidewalk will be replaced and planting restored, where available. The total length of improvements along Main Street is approximately 500 feet. A new irrigated tree lawn will be provided as part of this item on the west side of Main Street. T. The ENGINEER shall design for the removal of the concrete inhll for the provision of irrigated tree lawn on the east side of Michigan Street, between Navarre Street and Bartlett Street, to match the west side of the street This will also include replacement of sidewalk and curb, as necessary. Michigan Street will be milled and overlayed with 9%" of surface. Also, the electrical system will mirror the existing west side. Electrical outlets will be provided on east side tree lawn from Marion Street to Bartlett Street. The existing frees in this block can be removed and replaced The total length of improvements along Michigan Street is approximately 600 feet . The provision of trees in the tree lawn is subject to INDOT review and approval. There will be no provision of lighting for this item. 8. The design of Michigan Street from north of LaSalle Street to Madison Street shall include pavement marking changes only to facilitate a left turn lane from northbound Michigan Street to westbound Madison Street and three north bound lanes on Michigan Street from Madison Street to Marion Street The concrete infrll will be removed for the provision of irrigated tree lawn on the east and west sides of Michigan Street, between Madison Street and LaSalle Street. This will also include replacement of sidewalk and curb, as necessary. Michigan Street will be milled and overlayed with 1%" of surface. The total length of improvements on Michigan Street is approximately 600 feet. 4 of 13 Supplemental Agreement No. 1 The pavement marking modifications is subject to 1NDOT review and approval. 9. The ENGINEER shall design for the removal of concrete inFill for the provision of irrigated tree lawn on the north side of Navarre Street, between Michigan Street and the First alley to the east. This will also include replacement of sidewalk and curb, as necessary. Navarre Street will be milled and overlayed with 1Y2" of surface. The total length of improvements along Navarre Street is approximately 200 feet. 10. The ENGINEER shall design for the removal of concrete infrll for the provision of irrigated tree lawn on the south side of Bartlett Street, between Michigan Street and the First alley on the east side. This will also include replacement of sidewalk and curb, as necessary. Milling and overlaying will be required for replacement of curb. The. total length of improvements along Bartlett Street is approximately 200 feet 11. The ENGINEER shall design for the provision of ADA compliant ramps at the intersections of Michigan Street with Bartlett Street and Navarre Street 12. The ENGINEER shall design for the sidewalk replacement along south side of Bartlett Street between Michigan Street and the entrance into the Bartlett Street Parking Garage to meet the current grade requirements. The total length of improvements along Bartlett Street is approximately 150 feet. 13. The ENGINEER shall design for the closure of the access to old Pizza Hut Building on the east side of Michigan Street north of Marion Street After closure, new irrigated tree lawn will be provided from Marion Street to approximately 150 feet north. Also, irrigation for existing tree lawn and electrical outlets will be provided from Marion Street to Navarre Street. The total length of improvements along Bartlett Street is approximately 950 feet This will also include coordination with INDOT for the elimination of a driveway permit, if required. 14. The ENGINEER shall design a park setting for the median island located in the southeast corner of the intersection of Main Street and Marion Street. Irrigation will be provided. Planting should also match the improvements to intersection island, located at the intersection of Michigan Street and Marion Street to make both work together visually. The pedestrian movement will be reviewed at this location. 5of13 Supplemental Agreement No. 1 15. The ENGINEER shall design for the partial removal of the left -most northbound travel lane on Michigan Street, from the E/W alley between Madison Street and Marion Street, through the curve (adjacent to the Hospital's Gateway Parking Lot), until where it merges with the left -most southbound travel lane on Main Street. This area will be infilled for the provision of a planted tree lawn. If budget allows, the sidewalk will be relocated from the current location to allow fora rive foot planting buffer between the parking lot edge and sidewalk Lighting will also be provided in the buffer. Irrigation will be provided for the buffer. The partial removal of the travel lane is subject to 1NDOT review and approval. 16. The ENGINEER shall design new curb, sidewalk and irrigation on Michigan Street between Bartlett Street and Park Lane, on the west side of the street. The existing trees will be maintained with no provision of new trees. The total length of improvement is approximately 200 feet. The improvements are subject to INDOT review and approval. Bid Package 2 shall comprise of the following item: 17. The ENGINEER shall design a consolidated parking lot with a permanent access easement, combining all of LaSalle -Main- Michigan- Madison block, except the Burger King property. If needed, the existing alley may be vacated. The overhead power and telephone lines and will be checked for a feasibility to relocate underground (by others), if needed, The parking lot will be a surface parking lot with no gate system. All the elements will be brought in conformance with OWNER's ordinance - ADA, green space, lighting, drainage, etc. The OWNER also desires green design to accommodate stormwater on site, with no increase in load to the existing storm sewer system. Lighting for this parking lot should be similar to Sternberg double lights with banner arms used on Portage Avenue. The total area of this improvement is approximately 2.5 acres. X. Add Section S to Appendix 'A" as follows: 1. For Bid Packages 1 and 2,' items described in Section R, the ENGINEER shall prepare (1) one set of Preliminary Field Check (PFC) plans (65%) and a preliminary statement of probable construction cost for the OWNER'S review and comment Upon review and 6of13 Supplemental Agreement No. 1 approval of the PFC plans, the ENGINEER shall prepare Final Plans and a revised Statement of Probable Construction Cost, The Final Plans shall include all construction details, show all impacts including access provisions to adjacent properties, show rights of way required for construction of the project and include any maintenance of traffic provisions necessary for the roads at all ends of the project. The statement of probable construction cost for construction and shall include all items of work required for the complete construction of the work, including all temporary work necessary in connection therewith, but shall not include the cost of such items of work for which the OWNER, through its own forces or through other party or parties will prepare detail plans. After approval of the Final Plans, the ENGINEER shall prepare Final Tracings. 2. The ENGINEER shall prepare and submit the application and back-up documentation for the following permits, as required: a. Rule 5 - Erosion Control: I. Prepare a Notice of Intent Letter ii. Prepare a Project Location Map iii. Prepare Plan and Profile Sheets and Erosion Control Plans to show existing vegetation, drainage patterns, adjacent land use, storm water discharge locations, ultimate receiving waters, the proposed storm water system, construction details of outlet protection below the storm water outlets and watercourses on and adjacent to the project site. iv. The erosion control plan will show the location, dimensions and construction details for the initial perimeter protection. The plan shall also show the location, dimensions and construction details of ail Temporary Erosion Control Measures. V. Provide a plan showing the location, dimensions, and construction details of all Permanent Erosion Control Measures. vi. Provide the specifications and Details for proposed Storm Inlet Protection, Stable construction entrances and erosion and sediment control on individual lots, as required. vii. Provide maps showing the Floodplains, Floodways, and Floodway Fringes. viii. Determine soil types within the project area. 7of13 Supplemental Agreement No. 1 ix Provide a schedule when disturbed areas will be 40 stabilized and specifications for permanent seeding. X. Delineate the disturbed and preserved areas and proposed locations of soil stockpiles and borrow areas. xi. Complete permit application form. 3. Upon completion and final approval of the work by OWNER, the ENGINEER shall deliver to the OWNER the following, which shall become the property of the OWNER: a. One (1) - Copy of final approved tracings of the contract plans drawn to a suitable scale on standard 24" x 36" sheets. Electronic copies (.PDF files) of the approved tracings will be provided for the OWNER's use in soliciting bids from Contractors. b. One (1) - Set (copy) of all electronic survey field notes (Transit & Level Notes), section plats, and subdivision plats for all surveys the ENGINEER has performed on the project. The field notes will be provided to the OWNER via a computer diskette and a hard copy of electronic field survey data in ASCII format and an AUTO -CAD drawing of the topographic survey. A copy of any other supporting conventional survey data will also be provided in approved Engineer Field Book(s). C. One (1) - Set of Special Provisions for the Specifications. Electronic copies (in Adobe Acrobat ,PDF format) of the special provisions will be provided for the OWNER "s use in soliciting bids from Contractors. d. One (1) - Copy of the statement of probable construction cost e. One (1) - Copy of all design computations, indexed, paged and' bound f. One (1) copy of all plan drawings and specifications (in Adobe Acrobat .PDF format). 1 4. The ENGINEER shall provide Bid phase services. Bid phase services shall include: a. Assist the OWNER in advertising for and obtaining bid proposals for a prime contractor for construction, materials, equipment and services; and, where applicable, attend a pre - bid conference. b. Issue addenda as appropriate to interpret, clarify or expand the Bidding Documents that are not directly related to an error or omission from the ENGINEER. C. Consult with and advise the OWNER as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the prime contractor (herein referred to as the "Contractor ") for those portions of the work 8of13 Supplemental Agreement No. 1 as to which such acceptability is required by the Bidding 4 Documents. d. Consult with the OWNER concerning and to determine the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contract is allowed by the Bidding Documents. e. Attend the bid opening, prepare bid tabulation sheets and assist the OWNER in evaluating the bids or proposals. 5. Following approval of the tracings and the bidding process, the ENGINEER will be responsible for attending the Pre - Construction Meeting. 6. Construction Phase Office Services; The ENGINEER will provide design support to the OWNER's Resident Project Engineer, as required and as directed by the OWNER. The ENGINEER will meet at the project site with the OWNER or their Resident Project Engineer, as required and as directed by the OWNER, to assist in any matter that may arise during the construction of the project. Additionally, the ENGINEER shall review or take other appropriate action upon the Contractor's submittals such as Shop Drawings for lighting, landscaping and streetscape amenities, Product Data and Samples, but only for the limited purpose of checking for i conformance with information given and the design concept expressed in the Contract Documents. The ENGINEER's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the OWNER, Contractor or separate contractors, while allowing sufficient time in the ENGINEER's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, am of which remain the responsibility of the Contractor as required by the Contract. The ENGINEER's review shall not constitute approval of safety precautions or, of any construction means, methods, techniques, sequences or procedures. The ENGINEER's approval of a specific item shall not indicate approval of an assembly of which the item is a component. if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, .the ENGINEER shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the Work designed or certified by the design 9 of 13 Supplemental Agreement No. 1 • • professional retained by the Contractor shall bear such professional's written approval when submitted to the ENGINEER. The ENGINEER shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. XI. Add Item 12 to Appendix "B" as follows: 1. Construction inspectionlObservation /Administrative services XII. Section A of Appendix "C' is modified as follows: A. Field Survey complete within x515 days after receipt of notice to proceed for both Bid Packages 1 and 2. XIII. Section B of Appendix "C" is modified as follows: B. Roadway Design and Plans Bid Package 1 1. Preliminary Plans within -7-a 30 calendar days after completion of the Field Survey. 2. Right of Way Plats and Legal Descriptions, if required, within 21 days after approval of the preliminary plans and Ferseipt of the title abstFad;;g. 3. Final Plans within 30 calendar days after approval of Preliminary Plans, includes 7 calendar days of OWNER review time. 4. Final Tracings within 21 calendar days after approval of Final Plans, includes 7 calendar days of OWNER review time. 5 The anticipated letting date for Bid Package 1 is June 28, 2010- XIV. Add Section D to Apoendix "C" as follows: D. Bid Package 2 1. Preliminary Plans within 15 calendar days after bidding of Bid Package 1. 2. Final Plans within 30 calendar days after approval of Preliminary Plans, includes 7 calendar days of OWNER review time. 3. Final Tracings within 30 calendar days after approval of Final Plans, includes 7 calendar days of OWNER review time. 4. The anticipated letting date for Bid Package 2 is September 13, 2010. XV. Section A.1 of Appendix "D" is modified as follows: 1. The ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed of $245,250.00 $456,750.00, unless a modification of the agreement is approved in writing by the OWNER. 10 of 13 Supplemental Agreement No. 1 • n LJ XVI. Section A.2 of Appendix "D" is modified as follows: 2. The ENGINEER will be paid for the work performed under Appendix "A" of this agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: a. Field Surve (including Route Surve Plat $83,000.00+ b 1. Preliminary Roadway Design and Plans 3"0 20% Complete) $53,300.00 b 2. Bid Package 1 $202,000.00 c. Maintenance of Traffic Concepts $4,000.00 d. Public Information Meeting, Hourly Rate, as required $6,000.00 e. Conce tual Traffic Signal Design $12,300.00 f. Utility Coordination, Hourly Rate, as required $10,000.00 9. Coordination with Memorial Hospital and IN ©OT, Hourly Rate, as required $12,500.00 h. RM Engineering 40 6 Parcels $2,700 per Parcel), if required $16,200.00 i. Title Abstracting (40 6 Parcels @ $325 per Parcel), if required* $1,950.00 j. Geotechnical Evaluation $7,500.00 k. Bid Packa e 2 $48,000.00 XVIL Section A.17 of Appendix "E" is modified as follows: .... . ...... ... ... l�t�l�.�l�l• .1�12L J�C�sl�� [���1�.I�. �" XVIII. Section A.19 of A endix "E" is modified as follows: XIX. Section A.21 of Appendix "E" is modified as follows: XX. Section A.23 of Appendix "E" is modified as follows: XXI. Section A.27 of Appendix "E" is modified as follows: 27. Permitting Applications except for Rule 5 -- Erosion Control. 11 of 13 Supplemental Agreement No. 1 XXII. Amendment: This contract amendment increases the $211,500.00 to $456,750.00. All other term s contract dated July 23, 2007 shall remain modified. current contract fee of $245,250.00 by and conditions as set forth in the original in full force and effect, except as herein The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1. ENGINEER: DLZ INDIANA, LLC J sep C. Zwierzy ki, P.E. esident a T: k: 10 P Gary K. isk, P. L. Vice President OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot, P. E. By: Carl P. Littrell By: Donald E. Inks FAR111*15 Approved as to Legality and Form: Attorney for City of South Bend 12 of 13 Supplemental Agreement No. 1 • • ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Joseph C. Zwierzynski, President and Gary K. Fisk, Vice President of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each Vlaowjq. wledged the execution of the foregoing agreement on this 3/s -- day, of , 2014 and each acknowledged and stated that he is the party authorized by the said firm to execute the foregoing agreement. Witness my hand and seal the said last named date. My Commission Expires; March 6 2016 (--� Connie J. Hume, otary Public County of Residence: St. Joseph STATE OF INDIANA ACKNOWLEDGMENT COUNTY OF SS: Before me, the undersigned Notary Public in and for said County personally appeared Gary A. Gilot, Carl P. Littrell and Donald E. Inks of the City of South Bend Board of Public Works and acknowledged the execution of the foregoing agreement on this day of _ , 2410. Witness my hand and seal the said last named date. My Commission Expires: Notary Public County of Residence: M:U'ROA07611 26891 does lagreement\$A #I\Supplemental Agreement I DOC 13 of 13 Supplemental Agreement No. 1 Exhibit 1 Rates are subject to revision on January 1, 2011. rnet of livinalinfintinn inrrA %cPa nf'l M 'ia/ nor annum non ha a..+in: —+ea DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2010 - A - 143/99/99 1 Principal $220.00 Topographic Survey Crew (straight time) 49 Division Manager (Chief Engineer) $175.00 $220.00 50 Department Manager $160.00 63 55 Registered Land Surveyor $130.00 1— person GPS/RTK Field Crew 21 Pro'ect Manager $135.00 $52.50 214 Senior Righ"f-Way Engineer $135.00 330 Electrical Engineering Specialist $150.00 53/58 Engineer III/Architect III/Landscape Architect 111/ Planner III/Scientist III/Geologist III $122.50 52/57 Engineer II/Architect II/Landscape Architect II/ Planner II/Designer III/Scientist II/Geologist II $112.50 51/56 Engineer I/Architect I/Landscape Architect U Planner I/ Desi er II/Scientist I/Geolo 'st 1 $90.00 28 Designer 1 $75.00 29 Technician $65.00 147 Construction Administrator $105.00 152 Construction Observer $85.00 43 1 Clerical $50.00 Rates are subject to revision on January 1, 2011. rnet of livinalinfintinn inrrA %cPa nf'l M 'ia/ nor annum non ha a..+in: —+ea 143/99/99 3 — person Surve Crew $182.50 142/99 Topographic Survey Crew (straight time) $145.00 142/99 Topographic Survey Crew over time) $220.00 63 1 — person Field Crew $100.00 63 1— person Field Crew (over time ) $1400.00 GPS 1— person GPS/RTK Field Crew $160.00 13 Field Survey Technician $52.50 Rates are subject to revision on January 1, 2011. rnet of livinalinfintinn inrrA %cPa nf'l M 'ia/ nor annum non ha a..+in: —+ea 0 • I -i u u Q ;--m 1-10' 1161 I 1 11 1 1 1 a IS 3TW Fr Ll IF �� 1 fi w t • Ba 0Ai s� 00000 yye " � H rte• � �� ,5 9 O• FTT �g rm e 9 i �Q �s M Z_ a EE o° rpy�z zo' O yy � yy w ~ MYM Al nd tk wK 3 0 a � 2 N ♦ a 9 < m If e sa n ®e -Oo♦o ___� 'l ♦ I tl --- _— _— _ —_ - -I ___—_---_---_—_— �B M/N,9'Z8 133MS NOIM i