Loading...
HomeMy WebLinkAboutNo. 2687 approving/authorizing the execution of an addendum to the Master Agency Agreement (Trade Drive Project)0 RESOLUTION NO. 2687 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Trade Drive Project) 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 Trade Drive Project 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 (Trade Drive Project) 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 Commission any documents necessary to carry out the intent of this resolution. • ADOPTED at a meeting of the South Bend Redevelopment Commission held on • June 18, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST: a .Varner, ice President South Bend Redevelopment Commission • �I CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMENT Marcia I. Jones, P ident South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Trade Drive Project) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 28th day of June, 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 Trade Drive Project (the "Project "). WHEREAS, effective January 1, 2010, the Commission and the BPW entered 0 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 Trade Drive Project 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 0 being more specifically described in "Exhibit A ", 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. 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 0 South Bend Redevelopment Commission ATTEST: • South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member • • C7-A Exhibit "A" TRADE DRIVE PROJECT See Attached Proposal from DLZ. dated April 20, 2010 y r AGREEMENT THIS AGREEMENT is made and entered into this day of 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 Blvd., South Bend, IN 46615, hereinafter referred to as the "ENGINEER ". WITNESSETH WHEREAS, the OWNER desires to contract for the development of construction documents for a new roadway Trade Drive in City of South Bend. and WHEREAS, the ENGINEER has expressed a willingness to perform said design services as set out in Appendix "A", NOW, THEREFORE, the parties hereto agree that said ENGINEER shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following described project: The design for the construction of Trade Drive including bus turn around, water main and sanitary sewer design from Lathrop Street to 600 feet north of Lathrop Street. Storm sewer design for construction along Trade Drive from Lathrop Street north to 1,600 feet north of Lathrop Street (Refer to Exhibit A) NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: Section I. Basic Services by ENGINEER The basic services to be provided by the ENGINEER under this Agreement are as set out in Appendix "A ", attached to this Agreement, and made an integral part hereof. Section II. Information and Services to be Furnished by the OWNER The information and services to be furnished by the OWNER are as set out in Appendix "B ", attached to this Agreement, and made an integral part hereof. Section III. Notice to Proceed and Schedule The ENGINEER shall begin the work to be performed under this Agreement immediately upon receipt of the written notice to proceed from the OWNER, and shall deliver the work to the OWNER in accordance with the Schedule contained in Appendix "C ", attached to this Agreement, and made an integral part hereof. The ENGINEER shall not begin work prior to the date of the notice to proceed unless otherwise directed by the OWNER. Page 1 of 8 } f Section IV. Compensation The ENGINEER shall receive payment for the work performed under this Agreement as set forth in Appendix "D ", attached to this Agreement, and made an integral part hereof. In accordance with IC 36 -1- 12.5- 5(d)(4), payments by the OWNER are subject to annual appropriation by its fiscal body. Section V. Additional Services of ENGINEER If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in Appendix "E ", attached to this Agreement, and made an integral part hereof. Section VI. General Provisions Work Office The ENGINEER shall perform the work under this Agreement at the following office: DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, IN 46615 • 2. Covenant Against Contingent Fees The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 3. Subletting and Assignment of Contract No portion of the work under this Agreement shall be sublet, assigned or otherwise disposed of, except with the written consent of the OWNER. Consent to sublet, assign or otherwise dispose of any portion of the work under this agreement shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of the Agreement. A subcontractor shall not subcontract any portion of its work under this Agreement. Page 2 of 8 • 4. Ownership of Documents All deliverable documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., as instruments of service, are to be the property of the OWNER upon payment of all sums due to the ENGINEER. The ENGINEER shall be entitled to keep copies. During the performance of the services, herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents which he caused, herein enumerated, while they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the OWNER. 5. Access to Records The ENGINEER and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the OWNER and copies thereof shall be furnished if requested. 6. Compliance with State and Other Laws The ENGINEER specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, Ordinances and Regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. ENGINEER acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with standards applicable to the Indiana State Board of Accounts. 7. Responsibility for Claims and Liabilities The ENGINEER shall be responsible for all damage to life and property due to negligent activities of the ENGINEER, his subcontractors, agents, or employees in connection with such services, and shall be responsible for all parts of his work both temporary and permanent. It is expressly understood that the ENGINEER shall indemnify and hold harmless the OWNER from claims, suits, actions, damages, and costs of every name and description to the proportionate extent arising out of or resulting from the negligent services of the ENGINEER under this Agreement, and such indemnity shall not be limited by reason of the enumeration of any insurance coverage hereinafter provided. Page 3 of 8 • • • 8. Status of Claims The ENGINEER shall be responsible for keeping the OWNER currently advised as to the status of any claims made for damages against the ENGINEER which are known resulting from services performed under this Agreement. The ENGINEER shall send notice of claims related to work under this Agreement to OWNER within thirty (30) days. 9. Workmen's Compensation and Liability Insurance The ENGINEER shall procure and maintain, until final payment by the OWNER for the services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by him or by his subcontractor. The ENGINEER will not be given a notice to proceed until the ENGINEER has furnished a certificate or certificates in a form satisfactory to the OWNER, showing that this section has been complied with. During the life of this Agreement, the ENGINEER shall furnish the OWNER with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until ten (10) clays written notice has been given to the OWNER. In the event that such written notice of change or cancellation is given, the OWNER may at its option terminate this Agreement and no further compensation shall in such case be made to the ENGINEER. The kinds and amounts of insurance required are as follows: (A) Policy covering the obligations of the ENGINEER in accordance with the provisions of the Workmen's Compensation Law. This Agreement shall be void and of no effect unless the ENGINEER procures such policy and maintains it until acceptance of the work. (B) Comprehensive Policies of Bodily Injury Liability and Property Damage Liability Insurance, including OWNER'S or Contractor's Protective Coverage (naming the OWNER as an additional insured). Limits of liability to be not less than $500,000 for each person, including death at any time resulting therefrom, and not less than $1,000,000 in any one occurrence, and not less than $500,000 for all damages arising out of injury to or destruction of property or a combined single limit of $1,000,000. (C) Automobile Policies of Bodily Injury and Property Damage Liability Insurance of the types herein specified with bodily injury limits of liability of not less than $500,000 for each person, including death at any time resulting therefrom, and not less than $1,000,000 in any one accident, and not less than $500,000 for all damages arising out of injury to or destruction of property, including hired or non -owned vehicles, or a combined single limit of $1,000,000. Page 4 of 8 10. Progress Re orts The ENGINEER shall submit a monthly Progress Report to the OWNER. 11. Chan es in the Work In the event the OWNER requires changes in the work, after the work has progressed as directed by the OWNER, adjustments in compensation to the ENGINEER, and in time for performance of the work as modified, shall be determined by the OWNER in consultation with ENGINEER and the ENGINEER shall not commence the change of scope of the work until a supplemental agreement is executed within ninety (90) days of the change and the ENGINEER is authorized in writing by the OWNER. 12. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice from receipt in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. If the services of this Agreement are terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the OWNER, provided the ENGINEER has been paid for work performed as defined in the remainder of this paragraph. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of termination and which estimate shall be as made by the OWNER in consultation with ENGINEER for all services to be paid for on a lump sum basis. 13. Non - Discrimination Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related tc employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 14. Limitation of Liability No employee of the ENGINEER shall have individual liability to OWNER. OWNER agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ENGINEER's negligence, error, omissions, strict liability, or Breach of contract shall not exceed the total compensation received by the ENGINEER under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER Page 5 of 8 and ENGINEER shall include in this Agreement the amount of such limits and the additional compensation to be paid the ENGINEER for the assumption of such risk. 15. Successors and Assianees The OWNER, insofar as authorized by law, binds itself and its successors, and the ENGINEER binds his successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Except as above set forth, neither the OWNER nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the consent of the other. 16. Supplements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 17. Duration of Agreement If the basic services covered in this Agreement have not been completed by the • Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the ENGINEER, extension of the ENGINEER's services beyond that time shall be revised to include compensation for inflationary adjustments. 18. Owner Indemnification The OWNER hereby agrees to indemnify, hold and save the ENGINEER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the intentional misconduct and /or negligent acts or omissions of the OWNER, his directors, officers, and employees, for whose acts the OWNER is responsible under this agreement. Notwithstanding the foregoing, the OWNER shall not be required to indemnify the ENGINEER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the ENGINEER, its officers, agents, or employees. 19. Engineer Indemnification The ENGINEER hereby agrees to indemnify, hold and save the OWNER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character to the proportionate extent arising out of the intentional Page 6 of 8 misconduct and /or negligent acts or omissions of the ENGINEER, his directors officers and employees, for whose acts the ENGINEER is responsible under this agreement. Subject to any limit of liability established by this agreement. Notwithstanding the foregoing, the ENGINEER shall not be required to indemnify the OWNER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the OWNER, its officers, agents, or employees. 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 or 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 Agreement. ENGINEER: DLZ INDIANA, LLC GW Zwierzy ski, P. 1��e ATTEST: Gary W Fisk, P.E. Vice President OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot, P.E. By: Carl P. Littrell, P.E. By: Donald E. Inks ATTEST: Approved as to Legality and Form: Attorney for City of South Bend Page 7 of 8 • • 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 cknoyvledged the execution of the foregoing agreement on this day of 2010 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 L- IL'—' A- - 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 , 2010. Witness my hand and seal the said last named date. My Commission Expires: County of Residence: Notary Public • • 10 APPENDIX "A" BASIC SERVICES BY ENGINEER A. The ENGINEER will provide the field survey required for preparation of design plans for the Project in conformance with the requirements of the Indiana Department of Transportation Design Manual, Part III, Location Surveys, a copy of which is on file with the ENGINEER and same is incorporated herein by reference and is made a part hereof. Necessary field survey for the project will include (See Exhibit A): a. Complete topographic data along proposed Trade Drive from Lathrop Drive to 1,700 feet north of the Lathrop Drive, approximately 1,700 feet in length. Width of the topographic survey is 75 feet both sides of the proposed centerline (total width approximately 150 feet). b. Complete topographic data for one existing retention basin (650 feet by 650 feet) of approximately 8 to 10 acres in size on the west side of Trade Drive. C. Establish and reference alignments along each surveyed line. Set and Reference control points at 500 foot intervals. Set Vertical Bench Marks at both ends of the project limits and at 500 foot intervals. d. Locate surface evidence of known buried utilities and utility lines, if marked by others. Indiana Plant Protection to be contacted for locate. Locate known manholes, inlets and provide pipe sizes and invert elevations, for any sewer entering or crossing the proposed survey limits. Locate drainage structures under roadways and driveways, including types and inverts. e. Property lines and right of ways will be placed on topography using existing property irons, and other evidence found together with subdivision plats and last deed of record, if available. Right of way is expected to be acquired for this project. A Location Control Route Survey Plat will be prepared. B. The Project, as described herein, shall consist of the following (See Exhibit A): 1. Design of Trade Drive from Lathrop Drive to 600 feet north of the Lathrop Drive, approximately 600 feet in length including bus turnaround. The design shall include a two -lane, 36 -foot width roadway with new asphalt pavement, curb, and a storm sewer system. The design speed of Trade Drive will be 35 mph. a. The ENGINEER shall provide pavement marking plans and signing plans in accordance with the Indiana Manual on Uniform Traffic Control Devices (IMUTCD). b. The ENGINEER will design and prepare roadway lighting plans for Trade Drive — in accordance with the OWNER's standards. 1 of 6 Appendix "A" c. The ENGINEER shall design an expansion of existing retention basin on Airport property just west of Trade Drive to accommodate a 100 -year design storm including the areas of the roadway, existing Airport contributing areas, future Airport Hangars and Community Corrections Site Drainage. Approximately 1000 feet of storm sewer will be designed to convey the drainage from the roadway and Community Corrections Site Drainage from the north end of the roadway north to the retention basin. C. Water Main Design 1. The ENGINEER will design approximately 600 feet of 12 inch water main along the proposed Trade Drive, from Lathrop Street to the proposed Trade Drive turnaround, refer to Exhibit A. 2. The water main design will be included in the Trade Drive Project bid documents. D. Sanitary Sewer Design 1. The ENGINEER will design approximately 600 feet of 10 inch gravity sanitary sewer along the proposed Trade Drive, from Lathrop Street to the Airport/Lathrop Street Lift Station (LS 067), refer to Exhibit A. 2. Based on survey information and the location of existing utilities, the ENGINEER will evaluate the feasibility to gravity flow the influent sewage flow to the Airport/Lathrop Street Lift Station (LS 067). The ENGINEER will also work with the OWNER to verify the available capacity of the Airport/Lathrop Street Lift Station (LS 067). 3. The sanitary sewer design will be included in the Trade Drive Project bid documents. E. The ENGINEER shall perform the following services: 1. The ENGINEER shall perform utility coordination. This work shall include: notifying all affected utilities in the project corridor, coordination and meetings with affected utilities, reviewing relocation plans, and preparation of utility status reports. The utilities in this coordination include electric (distribution and transmission), gas, telephone, cable TV, City of South Bend water utilities and City of South Bend sanitary sewer. 2. The ENGINEER shall prepare the hydraulic design for this project in accordance with the City of South Bend drainage standards. 3. The ENGINEER shall perform the design of this Project on the basis that the project shall be funded with local construction funds. Design changes due to alternate funding of the project shall be considered Additional Services, which shall be covered in Appendix "E" of this agreement. 4. The project will be designed in English units and in accordance with the following references, policies and guidelines: • City of South Bend Standards and Specifications • A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials. 2 of 6 Appendix "A" • t E • Roadside Design Guide, American Association of State Highway and Transportation Officials. • Standard Specifications, Indiana Department of Transportation. • Indiana Manual on Uniform Tragic Control Devices for Streets and Highways, (IMUTCD). Where conflict exists between the Standards and Specifications of City of South Bend and those of the Indiana Department of Transportation, the Standards and. Specifications of City of South Bend shall prevail. 5. The ENGINEER shall prepare a recommended pavement design in accordance with current City of South Bend and /or AASHTO standards. 6. The ENGINEER shall prepare (1) one set of Preliminary Field Check Plans and a preliminary statement of probable construction cost for the OWNER'S review and comment. 7. When authorized by the OWNER, the ENGINEER shall: a. Order title insurance for each parcel from which there will be a taking. b. Prepare a plat and description for each parcel of right of way to be acquired, both permanent and temporary. c. =W-hen- directed, the ENGINEER will stake the existing right of-way lines to assist the property owner to visualize the amount of proposed property to be acquired. Points will be marked by stake. Tacking accuracy is not required. d. Any modifications to the appraisal price or changes in the plans recommended during negotiations must be approved by the OWNER and are Additional Services. 8. Upon receipt of approval of the Preliminary Field Check 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. 9. Geotechnical Services a. The ENGINEER shall make or cause to be made, geotechnical investigations. 3 of 6 Appendix "A" • t b. Prior to making the borings, the ENGINEER shall submit boring specifications and boring location sketches for approval by the OWNER. Borings shall extend sufficiently in depth to obtain characteristic data for the proper design of pavement and sewers. The ENGINEER shall backfill bore holes or cause to be backfilled in accordance with Aquifer Protection Guidelines, dated October 30, 1996. C. The ENGINEER will complete three (3) soil borings at twenty (20) feet in depth. d. A copy of the finalized boring logs will be provided for OWNER review. 10. After approval of the Final Plans, the ENGINEER shall prepare Final Tracings. 11. 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 existingvegetation, 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 all 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. ix. Provide a schedule when disturbed areas will be stabilized and specifications for permanent seeding. X. Delineate the disturbed and preserved areas and proposed locations of soil stockpiles and borrow areas. A. Complete permit application form. b. FAA Navigable Airspace Permit i. Prepare FAA Form 7460 -1 4 of 6 Appendix "A" • ii. Prepare a quad map with a crosshair indicating the location of each obstruction (traffic signal poles, light poles, overhead sign structures, construction equipment, etc.). iii. The latitude, longitude and elevation of each obstruction for both permanent and temporary (construction) conditions will be provided. iv. If requested by the FAA, the ENGINEER shall perform an as -built field location using GPS technology to confirm latitude, longitude and elevations of permanent structures placed during construction. C. IDEM Notice of Intent to Construct a Water Main d. IDEM Sanitary Sewer Construction Permit The ENGINEER shall monitor the approval process and provide any additional information that may be required to secure permit(s). 12. 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 plans _contract 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 µsurvey 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). 13. 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. 5 of 6 Appendix "A" 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 as to which such acceptability is required by the Bidding 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. 14. Following approval of the tracings and the bidding process, the ENGINEER will be responsible for attending the Pre - Construction Meeting. 15. 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. 17A F. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond ENGINEER's control, shall require a change in work as provided by Section VI - General Provisions, Paragraph 11 titled "Changes in Work ". 6 of 6 Appendix "A" APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY OWNER OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER: 1. .Designate in writing a person to act, as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to the ENGINEER's services for the Project. 2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 3. Furnish all specifications and standard drawings applicable to the project and all criteria for design and details including, but not limited to, signage, lighting, highways, structures, grades, curves, sight distances, clear zones, clearances and design loadings. - 4. .. Assist the ENGINEER by placing at ENGINEER's d;sposa -ali available":-- information pertinent to the Project including, but not limited to, the following: a. Previous reports and any other data relative to design or construction of • the project. b. Available data from the transportation planning process. C. Utility plans available to the OWNER. 5. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the extent provided otherwise in Appendix "A ") the following: a. Data prepared by or services of others and appropriate professional interpretations of such. b. All written views pertinent to the location and environmental studies that are received by the OWNER. C. Existing ambient air quality data available from State and Local Air Pollution Control Agency. d. Existing water quality data. 6. Arrange for access to and make all provisions for ENGINEER and /or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 7. Furnish approvals and necessary permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Permit fees shall be paid by OWNER at time of submission of said applications. 8. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by ENGINEER, obtain advice of attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 9. Furnish all legal services as may be required for the development of the project. 1 of 2 Appendix "B" • • 10. Available Geotechnical information regarding the project. 11. Provide written approval of completed work phases as described in Appendix "A" of this Agreement. Accomplish reviews and provide written approvals in a timely manner. 12. Construction Inspection services. 13. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Appendix "E" of this Agreement or other services as required. 14. Information regarding other area developments and planned road improvements, beyond the project limits. 15. City to assist with Fire Flow Test on existing 12" water main on Lathrop Drive. (The remainder of this page intentionally left blank) 2 of 2 Appendix "B" APPENDIX "C" SCHEDULE All work by the ENGINEER under this Agreement shall be completed and delivered to the OWNER as follows, exclusive of OWNER's review. A. Roadway Design and Plans 1. Field Survey completed within 30 calendar days after receipt of the Notice to Proceed. 2. Preliminary Field Check Plans within 90 calendar days after completion of the Survey. 3. Final Plans (including Special Provisions) within 60 calendar days after approval of the Preliminary Field Check Plans by the OWNER. 4. Final Tracings and Final Contract Documents within 30 calendar days after receipt from the OWNER of approval of Final Plans. B. The plans will be ready for letting in approximately February 2011, based on a notice to proceed by May 4, 2010, contingent upon right -of -way acquisition (based on 1 RIK parce.1- WHl..be donated and obtained by City) and up to 1.5_dayn: --.— OWNER review periods. • (The remainder of this page intentionally left blank) 1 of 1 Appendix "C" Ll • APPENDIX "D" COMPENSATION A. Amount of Payment 1. The ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed of $119,100.00 unless. a modification of agreement is approved in writing by the OWNER. 2. The ENGINEER will be paid for the work performed under Appendix "A" of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: m. Title Work (2 parcels @ Est. $300 Each) * RM Engineering (1 Parcel @ Est. $5,000 Each) R/W Coordination and R/W Staking as required, Hourly Rate (Est. $2,900) ;,: Desi Rt`a� Item4 `` Pax a.\ Field Survey, Including Location Control Route Su b. Roadway Design and Plans c. Retention Basin Design and Plans d. Water Main Design e. Sanitary Sewer Design f. Lighting Design g• Utility Coordination h. Erosion Control Plans and Notice of Intent Letter i. IDEM Water Main NOI permit application j. FAA Navigable Air Space Permit Application k. IDEM Sanitary Sewer Construction Permit Ap licE 1. Geotechnical Services m. Title Work (2 parcels @ Est. $300 Each) * RM Engineering (1 Parcel @ Est. $5,000 Each) R/W Coordination and R/W Staking as required, Hourly Rate (Est. $2,900) ;,: I� Total $119,100.0011 * Items A.2.m., and n. will be invoiced on an hourly rate basis, as defined below, and /or as reimbursable /Subconsultant Items. The amounts are 1 of 4 Appendix "D" Bid and Construction Phases Items "., Amount n. Bid Phase Services, Pre - Construction Conference, and Construction Phase Office Services, Hourly Rate $4,000.00 Sub: Total " $4;000.00' I� Total $119,100.0011 * Items A.2.m., and n. will be invoiced on an hourly rate basis, as defined below, and /or as reimbursable /Subconsultant Items. The amounts are 1 of 4 Appendix "D" estimated only, and the final amount of Items A_2. m., and n. shall not exceed their respective amounts, without prior written approval from the OWNER, in accordance with Section VI, paragraph 11 of this Agreement and /or a subsequent approved amendment to the Agreement. If a Subconsultant is utilized, the ENGINEER shall receive as payment the actual cost incurred by the ENGINEER multiplied by a factor of 1.20. Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D ", Section 2. The cost of permit application /regulatory fees, out -of -town travel and reproduction costs will be considered as a reimbursable expense. The ENGINEER shall not be paid for any services performed by the OWNER or not required to develop this project. 3. For those services performed by the ENGINEER which are included in the itemized costs, as shown herein in Appendix "D ", Section A.2 as an - --- "Hourly Rate "; the ENGINEER will be- paid on the basis of actual hours-of- work performed by essential personnel exclusively on this Agreement at the rates identified in Exhibit B for each classification of employee. 4. The ENGINEER shall receive as a ment from p y the OWNER for the Additional Services rendered under Appendix "E" of this Agreement as follows: a. For Additional Services of ENGINEER's principals and employees engaged on the project, except services to appear as a consultant or witness, on the basis of the employee classification hourly rate and all Reimbursable Expenses incurred in connection with all Additional Services in accordance with the ENGINEER's fee structure attached as Exhibit B to this Agreement and made an integral part hereof. b. For services and Reimbursable expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services, the ENGINEER shall be reimbursed for the invoiced amount of said services, and ENGINEER shall also be paid an administrative fee in an amount not to exceed 20% of the amount of the invoice. C. For services rendered by ENGINEER's principals and employees to appear as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding, except for time spent in preparing to appear in any such litigation, arbitration or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion thereof. 2 of 4 Appendix "D" d. The hourly rates, which are attached as Exhibit B and used as a basis for payment, mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the project, including, but not limited to, engineers, architects, surveyors, planners, designers, draftsmen, specification writers, estimators, other technical and business personnel, and include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay, other group benefits, overhead expenses and profit. e. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail, facsimile (FAX) transmittals, toll telephone calls and telegrams; reproduction of reports, drawings, specifications, bidding documents, and similar project related items in addition tor-those - ._:required under Appendix "A "; -and, if authorized in advance r by -the OWNER, overtime work requiring higher than regular rates. • B. Method of Payment for Design Services 1. The ENGINEER may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be submitted to the OWNER. The invoice voucher shall represent the value, to the OWNER, of the partially completed work as of the date of the invoice voucher. The ENGINEER shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed and prior payments. 2. The OWNER, for and in consideration of the rendering of the engineering services provided for in Appendix "A ", agrees to pay to the ENGINEER for rendering such services the fees established above in the following manner: a. The amount invoiced based upon percent complete or the contract unit price, except that: 1. The maximum payment for road design and plans shall be in accordance with the following schedule: a.) Preliminary Field Check Plans 60% b.) Final Plans 95% c.) Final Tracings 100% 2. The maximum payment for utility coordination shall be 75% at Preliminary Field Check Plans and the remaining at the review of utility relocation plans. 3 of 4 Appendix "D" 0 3. Payment for any item not otherwise set out herein shall be made based upon percentage of completion. • 3. The OWNER, for and in consideration of the rendering of the engineering services provided for in Appendix "A ", agrees to pay the ENGINEER for rendering such services the fee established above upon completion of the work thereunder and acceptance thereof by the OWNER. 4. The OWNER, for and in consideration of the rendering of the additional services provided in Appendix "E ", agrees to pay the ENGINEER for rendering such services the payments established above upon completion of the work thereunder and acceptance thereof by the OWNER. 5. If design changes are required during construction due to design errors in the final plans or specifications, the ENGINEER will make such necessary design changes without additional cost to the OWNER. However, if design changes are required during construction which are occasioned by changed conditions or conditions which could not have been reasonably foreseen by the ENGINEER prior to construction, the ENGINEER will be paid for such modifications on the basis of actual hours of work performed by`essential personnel exclUMV61y "orl'this contract at the employee hourly rate in accordance with the ENGINEER's fee structure attached as Exhibit B to this Agreement. 6. In the event of a substantial change in scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with Section VI, Paragraph 11 of this Agreement. (The remainder of this page intentionally left blank) 4 of 4 Appendix "D" • • APPENDIX "E" ADDITIONAL SERVICES OF ENGINEER A. If authorized in writing by the OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the ENGINEER except to the extent provided otherwise in Appendix "A ". These Additional Services will be paid for by the OWNER as indicated in Appendix "D ". 1. Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with the project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project except as specifically set out in Appendix "A" and Appendix "C ". 2. Providing renderings or models for OWNER's use. 3. Preparing documents for alternate bids requested by OWNER for Contractor's work which is not executed or documents for out -of- sequence work. 4. Investigations and studies involving, but not limited to, detailed consideration of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies, cash flow and economic evaluations., rate schedules and appraisals; assistance in obtaining financing for the project; evaluating processes available for licensing and assist OWNER in obtaining process licensing; detailed quantity surveys of material, equipment and labor; and audits or inventories required in connection with construction performed by OWNER. 5. Furnishing services of independent professional associates and consultants. 6. Services during out -of -town travel required of ENGINEER other than visits to the site or OWNER's office. 7. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. Preparation of revised bid documents for rebidding in the event that bids as received are rejected. 8. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys. 9. Preparation of operating, maintenance and staffing manuals. 1 of 3 Appendix "E" 10. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the project if not the fault of the ENGINEER. 11. Additional Services in connection with the project, including services which are to be furnished by OWNER in accordance with Appendix "B" and services not otherwise provided for in this Agreement. 12. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the OWNER. 13. Preparation of construction documents for the project. 14. Utility relocation plans for utilities. 15. Providing the services of a relocation agent. 16. Providing Construction Engineering Services. 17. Services resulting from significant changes in the general scope, extent or character of the Project or its design. This could include changes in size or complexity of the project, the OWNER's schedule, character of construction, and method of financing. 18. Services resulting from revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents. 19. Preparation of an Environmental Assessment or Environmental Impact Statement. 20. Environmental compliance and /or assessment services including, but not limited to, standard Section 4(f) Evaluation for land acquisition from public parks, recreational areas, wildlife and waterfowl refuges, and /or historic sites; Section 6(f) Evaluation; routine or comprehensive wetland delineation, wetland mitigation design, and permitting; floristic quality assessment; biological assessment and consultation under Section 7 of the Endangered Species Act; QHEI or HHEI stream assessments; aquatic or macroinvertebrate surveys; Initial Site Assessment or Preliminary Site Investigation for hazardous substances and /or contamination; highway noise abatement study; sole source aquifer groundwater impact assessment; karst surveys, investigations, and reports; and /or, intensive level (Phase lb and /or Phase lc) archaeological investigation. 21. Asbestos Report or demolition on any structures. 22. Indiana Department of Natural Resources (IDNR) — "Approval for Construction in a Floodway". 23. Indiana Department of Environmental Management (IDEM) — "401 Water Quality Certification" 2of3 Appendix "E" • is 24. Army Corps of Engineers -- "Individual Section 404 Permit ". 25. Preparation of Design Exception(s). 26. The design of sanitary sewage, storm water or potable water pumping stations. 27. Treatment of Unsuitable Soils, if encountered. 28. Traffic Signal 29. Retaining Wall(s) 30. Condemnation proceedings or obtaining right of entry for unsecured r/w parcels. 31. Attendance or preparation for public meetings, hearings, etc. (The remainder of this page intentionally left blank) 3of3 Appendix "E" i Basin Survey V, All I Surveyed under St. Joseph r_ County contract,�Y, 1000 feet Storm Sewer -' tau �if f 2 l Trade Dr. Road and Bus Turnaround I I -- 600 feet- � I Design` for Matermain 3 Existing Airport i— and Sanitar Viewer -600 feet _ Lathrop Str et 1 , Lift Station (LS 067), t �I t F,XHM'F T R DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2010 1 Principal $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 Planner III/Scientist III/Geologist III $122.50 52/57 Engineer II/Architect II/Landscape Architect IF Planner II/Desi er III/Scientist II/Geologist II $112.50 51/56 Engineer I/Architect I/Landscape Architect U Planner I/ Designer II/Scientist I/Geolo 'st I $90.00 28 Designer I $75.00 29 Technician $65.00 147 Construction Administrator $105.00 152 Construction Observer $85.00 43 Clerical $50.00 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 \Clerical\RATES\2009REV Howly Rates.doc F 2: �.l- i y �., _�,. 4- °i - ..v. �.�, . � q.. .� 3b xnl? v{� 2`y� 'i �" ,C �• �-* i+ � Y i Sk d`+yy' ix 1...3 Mileage (Outside of St. Joseph County) $0.445 /mile Travel Expenses Cost Living Expenses Cost Reproduction Refer to Paragraph A.4.b of Appendix D Subconsultants Refer to Para a h A.4.b of Appendix D Equipment Rental Refer to Para a h A.4.b of A endix D 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 \Clerical\RATES\2009REV Howly Rates.doc 3 i. I Proposed Storm Sewer Easement 1B Trade Dr. ' Proposed Right of Way I I lA a ,i 1 � I _ k- r 11 ^� iii .G➢ 1,,±.+ 1 i j Ohm J. I .. ;�— it Nowa+ `a r HO pnp rx, �y