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HomeMy WebLinkAboutNo. 2771 approving/authorizing the execution of an addendum to the Master Agency Agreement (Olive Road Extension Design Project - Brick to Adams)RESOLUTION NO. 2771 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Olive Road Extension Design Project- Brick to Adams) 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 Olive Road Extension Design Project- Brick to Adams 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 (Olive Road Extension Design Project- Brick to Adams) 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. 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 September 17, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST• ancy N. KiAg, SecretaVy South Bend Redevelopment Commission AM CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMENT Marcia I. Jones, r si ent South Bend Redevelopment Commission ADDENDUM TO ILI MASTER AGENCY AGREEMENT (Olive Road Extension Design Project- Brick to Adams) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 23rd day of September, 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 Olive Road Extension Design Project- Brick to Adams (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 ro'ects during 2010• and p J g , WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Olive Road Extension Design Project- Brick to Adams 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. 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. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk C, Exhibit "A" OLIVE ROAD EXTENSION DESIGN PROJECT- BRICK TO ADAMS See attached proposal from DLZ Indian, LLC dated August 24, 2010 C+ DR 14 law= DLZ ENGINEERS • ARMTEM • SCIENTISTS PLANNERS • SURVEYORS August 24, 2010 Mr. Bill Schalliol City of South Bend 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Olive Road Agreement Dear Mr. Schalliol: RECEIVED AUG 2 5 2010 DLZ Indiana, LLC (DLZ) is pleased to have the opportunity to submit this agreement for engineering services for the design of Olive Road from Brick Road to Adams Road. The agreement includes surveying, roadway design, and right -of -way services. Enclosed are three copies of the engineering services agreement. We hope that this agreement meets with your approval and acceptance. If this Agreement meets with your approval, please present it to the Board of Public Works for their execution and return one (1) executed copy to our office for our records. DLZ appreciates this opportunity to provide continued service to the City of South Bend. If you have any questions or comments, please feel free to contact our office. Very truly yours, DLZ INDIANA, LLC 1 Pr eph . Zwierzyns P.E. side cc: BLG, GKF, BMS, File M:\Proposals\PI OTransportation\South Bend \Olive Road Brick to Adams \trans.docx 2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471 With Offices Throughout The Midwest www.diz.com F 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 preparation of alignment planning for Olive Road from Brick Road to Adams Road, 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: Survey, Alignment Planning (30% design) and Right of Way Acquisition for Olive Road from Brick Road to Adams Road. L� NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: 11 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 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 1. 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 G NEER 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 L4. 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. [A 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 3of8 G 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) days 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 Reports The ENGINEER shall submit a monthly Progress Report to the OWNER. 11. Changes 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 to 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 Assignees 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 km� 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 J rehf2Zwierzynst i, P.E . P ATTEST: Brian M. Smith, P.E. Project Manager A 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 G 14 ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Joseph C. Zwierzvnski, President and Brian M. Smith, Project Manager of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each a nowledg d the execution of the foregoing agreement on this day of 2010 and each acknowledged and stated that he is the party autrieked 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, ry 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 Page 8 of 8 14 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 Ill, 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 will include: a. Complete topographic data along Olive Road extended north from Brick Road to Adams Road, approximately 5,600 feet in length. Width of the topographic survey varies as shown in Exhibit A. Complete topographic data along Brick Road and Adams Road extended 300 feet either side of Olive Road. Width of the topographic survey is 100 feet both sides of the existing centerline. b. 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. C. Locate surface evidence of buried utilities and utility lines, if marked by others. Indiana Plant Protection to be contacted for locate. Locate 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. d. 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 for each Phase. B. The Project, as described herein, shall consist of the following: 1. Design of Olive Road, for Alignment Planning (30% Design), extended north from Brick Road to Adams Road, approximately 5,600 feet in length (see Exhibit A). The design shall include a four -lane roadway with median and mutil -use trail along the east side. The design speed of Olive Road will be 40 mph. 2. Prepare Concept/Master plan for Linear drainage utilizing low impact design along the Olive Road Corridor. 3. Prepare a 30% conceptual design of the reconfigured intersection of Olive Road and Adams Road. 4. Prepare a 30% conceptual design of the reconfigured intersection of Olive Road and Brick Road. 1 of 4 Appendix "A" C. The ENGINEER shall perform the following services: 1. 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. 2. 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. • Roadside Design Guide, American Association of State Highway and Transportation Officials. • Standard Specifications, Indiana Department of Transportation. • Road and Bridge Memoranda, Indiana Department of Transportation • Design Manuals — Part 1, ll, V, and Vll to IX, INDIANA Department of Transportation. • Indiana Manual on Uniform Traffic Control Devices for Streets and Highways, (IMUTCD). 3. The ENGINEER shall prepare (1) one set of 30% Review Plans and a preliminary statement of probable construction cost for the OWNER'S review and comment. 4. When authorized by the OWNER, the ENGINEER shall: a. Order a title and encumbrance report for each parcel from which there will be a taking. b. Prepare a plat and legal description for each parcel of right of way to be acquired, both permanent and temporary. C. Order title and encumbrance updates, as required. Any modifications to the appraisal price or changes in the plans recommended during negotiations must be approved by the OWNER. 5. After approval of the 30% Plans, the ENGINEER, shall: a. When specifically authorized by the OWNER, the ENGINEER shall engage, as subconsultants, two appraiser(s) and cause each acquisition parcel to be appraised by each appraiser. The appraiser shall determine the type of appraisal required and submit this to the ENGINEER for approval prior to beginning the appraisals. All such appraisals shall be reviewed by the ENGINEER and then forwarded to the OWNER for review. b. When the appraiser advises that he requires the right of way taking to be staked so that the appraisal process can proceed, the ENGINEER will mark the point where the new right of way line crosses each property line and will mark each property corner within the proposed taking. When directed, the ENGINEER will stake the existing right of way lines to assist the property owner to 2 of 4 Appendix "A" An visualize the amount of proposed property to be acquired. Points will be marked by stake. Tacking accuracy is not required. C. Upon approval of the appraisals and when specifically authorized by the OWNER, the ENGINEER shall contact each parcel owner and make an offer to purchase the required property. The ENGINEER may utilize a member of the ENGINEER's staff for this purpose, or may engage a professional buyer as a subconsultant. d. The ENGINEER shall coordinate the Right of Way appraising and buying for the project. This work will include providing status reports to the OWNER on a monthly basis, deliver the compensation to the property owners and maintaining parcel files which include the title work, appraisals, buying files, plats, legal descriptions and other incidental information to the affected parcel. e. The OWNER must approve any modifications to the appraisal price or changes in the plans recommended during negotiations. 6. 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 30% plans drawn to a suitable scale on standard 24" x 36" sheets. 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). 7. Geotechnical Services a. The ENGINEER shall make or cause to be made, geotechnical investigations. 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 as well as percolation rates. 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 Six (6) soil borings at twenty (20) feet in depth. d. A copy of the finalized boring logs will be provided for OWNER review. 3 of 4 Appendix "A" C+J D. 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 ". 4 of 4 Appendix "A" APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER The 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 the 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, highways, structures, grades, curves, sight distances, clear zones, clearances and design IL loadings. 4. Assist the ENGINEER by placing at ENGINEER's disposal all 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. 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. 1 of 2 Appendix "B" A 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. 10. 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. 11. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Appendix "E" of this Agreement or other services as required. (The remainder of this page intentionally left blank) 2of2 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. Field Survey completed within 60 calendar days after receipt of the Notice to Proceed and removal of last field crops. B. Alignment Planning (30% Plans) completed within 90 calendar days of receiving Field Survey. C. Right -of -Way Engineering 1. Title Work within 45 calendar days after NTP. 2. R/W engineering, plats and legal descriptions within 60 calendar days after OWNER approval of right of way. D. R/W Acquisition 1. Appraisals within 45 calendar days after receipt of completion of the title work and approval of right of way by City. 2. An offer to purchase property will be made within 45 calendar days after receipt of approved and reviewed appraisals. Buying is anticipated to take up to approximately 180 days. The right of way footprint will be secured by approximately November 2011, based on a notice to proceed by September 27, 2010. 1 of 1 Appendix "C" 14 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 $190,500.00 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: Items A.2.d., and f. are reimbursable items that will be performed by a Subconsultant. The amount shown is estimated only. The ENGINEER shall receive as payment the actual cost incurred by the ENGINEER multiplied by a factor of 1.20. The final amount shall not exceed the cost shown above unless and until a supplemental agreement is executed. 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' 1 of 4 Appendix "D" Description Amount a. Field Survey, Including Location Control Route Survey Plat $33,000.00 b. 30% Roadway Design and Plans $87,000.00 c. Master Plan for Linear Drainage $5,500.00 d. Title Encumbrance Reports and Updates, as required (4 Parcels @ $425 Each ) * $1,700.00 e. R/W Engineering 4 Parcels @ $3,000 Each $12,000.00 f. Appraising 1 st & 2nd Appraisals - 8 Appraisals @ $2,400 Each $19,200.00 R/W Coordination & Buying, 4 Parcels @ $3,650 Each $14,600.00 h. R/W Staking, as required 4 Parcels @ $750 Each $3,000.00 i. Geotechnical Services $14,500.00 TOTAL $190,500.00 Items A.2.d., and f. are reimbursable items that will be performed by a Subconsultant. The amount shown is estimated only. The ENGINEER shall receive as payment the actual cost incurred by the ENGINEER multiplied by a factor of 1.20. The final amount shall not exceed the cost shown above unless and until a supplemental agreement is executed. 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' 1 of 4 Appendix "D" "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 payment from 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 amount billed to ENGINEER therefore times a factor of 1.20. 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. 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 to those 2 of 4 Appendix "D" required under Appendix "A "; and, if authorized in advance 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.) Final 30% Alignment Plans 100% 2. 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 exclusively on this contract at the employee hourly rate in accordance with the ENGINEER's fee structure attached as Exhibit B to this Agreement. 3 of 4 Appendix "D" A 14 6. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement therefore, the ENGINEER may, after giving seven (7) days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and changes. 7. 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. 4 of 4 Appendix T" 3. The Commission hereby ratifies any actions of its staff or legal counsel previously taken consistent with the authority provided in Section 1 or 2 hereof. Notwithstanding the foregoing, no representations, contract or understanding relative to the purchase of the Property, whether made by a Commissioner, employee or other agent or official, is binding against the Commission until approved and accepted by the Commission in writing. The Commission hereby accepts, in advance, any purchase of the Property pursuant to a uniform acquisition offer set forth at Indiana Code § 32 -24 -1- 5 (or a purchase offer deemed by legal counsel to be substantially similar to said Uniform Acquisition Offer, which may include the payment of expenses incidental to the conveyance and determination of title). 4. 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 Regular Meeting of the South Bend Redevelopment Commission held onSeptember 17, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: Signature Primed ame and Tille South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Signature Printed ame and Title South Bend Redevelopment Commission 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 "U'. 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. Furnishing services of independent professional associates and consultants. 4. Services during out -of -town travel required of ENGINEER other than visits to the site or OWNER's office. 5. 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. 6. Preparation of operating, maintenance and staffing manuals. 7. 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. 8. 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. 9. Services to make measured drawings of or to investigate the accuracy of _ drawings or other information furnished by the OWNER. L 1 of 2 Appendix "E" (The remainder of this page intentionally left blank) 2 of 2 Appendix "E" 10. Preparation of an Engineer's Report. 11. Wetland delineations or determinations. 12. Holding and /or preparation of presentation material for a public meeting. 13. Preparation of Final Construction Plans. 14. Providing Bidding Services. 15. Preparation of Environmental Document. 16. Utility Coordination. 17. Permitting. 18. Securing Right of Entry or Condemnation of parcels. 19. Retaining Wall Design. 20. Signal Design. 21. Construction Phase Services. (The remainder of this page intentionally left blank) 2 of 2 Appendix "E" I I Olive Rqqo-, Alignment Planning Ai;k. AUA*S ROAD 0 IF :q AN WIM F,xhihit R DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2010 Activity Code Em to ee Classification 2010 Hourly Rate 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 III/ Planner III/Scientist III/Geologist III $122.50 52/57 Engineer II/Architect II/Landscape Architect IF Planner II/Designer III/Scientist II/Geologist II $1 12.50 51/56 Engineer I/Architect I/Landscape Architect 1/ Planner F Designer II/Scientist I/Geolo ist 1 $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 Reimbursable faenses Crew Classi uadon 2010 Hourly Rate 143/99/99 3 — person Survey Crew $182.50 142/99 142/99 Topographic Survey Crew (straight time) Topographic Survey Crew (over time) $145.00 $220.00 63 1 — person Field Crew $100.00 63 1 — person Field Crew (over time ) $140.00 GPS 1 — person GPS/RTK Field Crew $160.00 13 Field Survey Technician $52.50 Reimbursable faenses Rate 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 Paiagraph A.4.b of Appendix D Equipment Rental Refer to Paragra h A.4.b of Appendix 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 Hourly Rates. doc