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No. 2838 approving/authorizing the execution of an amendment to the addendum to the Master Agency Agreement (Main-Lafayette Connector Design Project - Supplement #1)
RESOLUTION NO. 2838 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main - Lafayette Connector Design Project - Supplement #1) (2838 -11) WHEREAS, effective January 1, 2010, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, effective January 1, 2011, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Main- Lafayette Connector Design Project - Supplement #1) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of this Amendment to the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on February 8, 2011, at 4:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. U4 . ATTEST: ancy N. King, retary South Bend Redevelopment Commission D CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMENT arcia o ,President South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main- Lafayette Connector Design Project - Supplement #1) (2838 -11) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 14th day of February, 2011, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Main - Lafayette Connector Design Project - Supplement #1 (the "Project "). AW WHEREAS, effective January 1, 2010, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2010; and WHEREAS, effective January 1, 2011, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Main - Lafayette Connector Design Project to the Master Agency Agreement by way of an Addendum on August 23, 2010 WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. At 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: The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being originally described in "Exhibit A ", and now amended as described in "Exhibit B ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. (Signature Page Follows) Fla ATTEST: South Bend Redevelopment Commission MM Lm- ATTEST: Linda Martin, Clerk A CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member Exhibit "A" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #1 See attached Proposal from Lawson - Fisher Associates P.C. dated August 9, 2010 RE: South Main Street to Lafayette Boulevard Connector and Development Area Design, Construction Plans and Specifications Scope of Professional Engineering Services First Project Phase Dear Mr. Schallioi: . Lawson - Fisher Associates P.C. (LFA) is pleased to submit this proposal to provide Professional Engineering Services to the City of South Bend (City) for the Main Street to Lafayette Boulevard Connector, Roundabout and Street Improvements. The proposal includes the following documents: • Contract Services Agreement, Attachment "A" • Scope of Design Services, Attachment "B" • Manhour Justification, Attachment "C' • Project Schedule, Attachment "D" • Project Construction Stages Map, Attachment "E" • Land Acquisition Map, Attachment "F" The proposal was prepared on the basis of your approval of the Preliminary Design Report and direction received in early March, 2010 and our meeting on July 12, 2010. Anticipating a September, 2010 Notice to Proceed, we foresee completing the Design within the Schedule Attachment "D ". We propose this Scope of Services be performed on an hourly basis for a budgetary fee of $436,000. Payments to LFA will be in accordance with Attachment "A ". If you would like to include the Project Enhancement, we will generate a revised Scope of Services and agreement for your approval. 525 WEST WASHINGTON AVENUE , SOUTH BEND, INDIANA 46601 a 574 - 234.3167.574- 236 -1330 (FAX) JOHN E. FISHER, P.E. FAT�&T�& GREGORY L. HOLDEN, P.E. PAUL A. HUMMEL, P.E. PIP;89E.P.E. LAWSON- FISH ASSOCIATES P.C. JOHN A. MIDDLETON, P.E. THOMAS S. SHARP, P.E. THERESA E. HARRISON, P.E. JON E, RIEMKE, P.E. JEFFREY L. MCKEAN, P.E. August 9, 2010 RANDOLPH J. LINDLEY, P.E. CHRISTOPHER J. DETER, P.E. DENNIS A. ZESELL, RE, BENJAMIN A HOLDEN, P.E. DAN G. DELGADO, P.E. MICHAEL J. GUZIK, P.E. MICHAEL F. JOHNSTON, RE, Mr. Bill Schalliol JEFFREY M. SYRD, P.E. Community & Economic Development Specialist City of South Bend JARED M. MUSS, P.E. SKY K. MEDORS, P.E. 227 West Jefferson Boulevard, Suite 1200S South Bend, Indiana 46601 RE: South Main Street to Lafayette Boulevard Connector and Development Area Design, Construction Plans and Specifications Scope of Professional Engineering Services First Project Phase Dear Mr. Schallioi: . Lawson - Fisher Associates P.C. (LFA) is pleased to submit this proposal to provide Professional Engineering Services to the City of South Bend (City) for the Main Street to Lafayette Boulevard Connector, Roundabout and Street Improvements. The proposal includes the following documents: • Contract Services Agreement, Attachment "A" • Scope of Design Services, Attachment "B" • Manhour Justification, Attachment "C' • Project Schedule, Attachment "D" • Project Construction Stages Map, Attachment "E" • Land Acquisition Map, Attachment "F" The proposal was prepared on the basis of your approval of the Preliminary Design Report and direction received in early March, 2010 and our meeting on July 12, 2010. Anticipating a September, 2010 Notice to Proceed, we foresee completing the Design within the Schedule Attachment "D ". We propose this Scope of Services be performed on an hourly basis for a budgetary fee of $436,000. Payments to LFA will be in accordance with Attachment "A ". If you would like to include the Project Enhancement, we will generate a revised Scope of Services and agreement for your approval. 525 WEST WASHINGTON AVENUE , SOUTH BEND, INDIANA 46601 a 574 - 234.3167.574- 236 -1330 (FAX) %a h. -<t Mr. Bill Schalliol August 9, 2010 Page 2 Please indicate your acceptance of this proposal by signing in the space provided below and returning one copy to our office. Thank you for the opportunity to provide additional professional engineering services to the City of South Bend. If you have any questions or comments, please do not hesitate to contact us. Very truly yours, Y ON- FISHER ASSOCIATES P.C. G ry L. Holden, P.E. President, Senior Structural Engineer Paul A. Hummel, P.E. GLH:PAH /cas Senior Vice President/Senior Civil Engineer Encls. c: Carl Littrell, P.E. City Engineer Michael F. Johnston, P.E. ACCEPTED AND APPROVED this day of 2010. (Authorization is also Notice to Proceed) CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Lim SM ATTAMM ENT A LAWSON - FISHER ASSOCIATES P.C. PAYMENTS TO ENGINEER 1. Methods of Payment for Services and Expenses of ENGINEER. OWNER shall pay ENGINEER for professional Services and Expenses as follows: 1.1 Basic Services: 1.1.1 General. For Services rendered an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for all time for Basic Services rendered by principals and employees engaged directly on the Project. 1.1.2 Resident Project Services. For services of ENGINEER's Resident Project Representative (and assistants) furnished for the project on the basis of Salary Costs times a factor of 2.37 for services rendered by principals and employees assigned to Resident Project representation. 1.1.3 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER therefor times a factor of 1.10. 1.1.4 Operational Phase Services. For Operational Phase services furnished, an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for services rendered by principals and employees engaged directly on the Project. Additional Services: 1.2.1 General. For Additional Services of Engineer's principals and employees engaged directly on the Project and rendered (except services as witness), on the basis of ENGINEER's Salary Costs times a factor of 2.37. 1.2.2 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services, the amount billed to ENGINEER therefor times a factor of 1.10. 1.23 Serving as a Witness. For services rendered by ENGINEER's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding at the rate of 1.35 tithes the rates in Paragraph 1.2.1. Compensation for ENGINEER's independent professional associates and consultants will be on the basis provided in paragraph 1.2.2. 1.3 Reimbursable Expenses. In addition to payments provided for in paragraphs 1.1 and 1.2, OWNER shall pay ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable expenses incurred in connection with all Basic and Additional Services. 1.4 Specialized EouipmenL In addition to payments set out above, a charge may be made for specialized equipment usage as required. 2. 71mes of Payments. 2.1 Engineer shall submit invoices covering each calendar month for Basic and Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall pay ENGINEER promptly within thirty (30) calendar days following the ENGINEER's rendering of these invoices to the OWNER. Page 1 of 2 1 /16/08 C", L FAT, &VA ATTACHMENT "8" SCOPE OF DESIGN SERVICES Environmental Screening, Final Design, Right -of -Way Engineering and Legal Descriptions, Construction Plans, and Bidding South Main St. to Lafayette Connector & Roundabout Stage 1 of Development Area Topo- graphical, Location and Control Survey The project area will be field surveyed as follows: Lafayette Blvd. from Ireland Road to Chippewa Ave. Main St. from Walter St. to Chippewa Ave. Barbie St. (extended) from Main St. to Michigan St. Walter St. (extended) from Lafayette Blvd. to Michigan St. The survey will correlate to the preferred design set forth in the July 2009 Preliminary Design Report and Plans. This design level survey will include collection of topographical data and the location of all surface features within the anticipated construction limits for the project. Existing monumentation and new horizontal and vertical control will be re- established and/or set to provide project mapping and plan preparation. Our sub - consultant, DLZ, will develop project control utilizing legal monuments for the preparation of Location Route Control Survey as the basis for acquisition and legal descriptions of property to be acquired. The Location Route Control Survey for this Project Stage as well as the other two future stages will be performed in this scope of services. The topographical and project control survey for the two future stages are not included in this scope of services. The location and arrangement of the Three Stages is included with Project Stages Map in Attachment "E ". The survey will be prepared according to local and City approved methods of gathering and recording field data. As a basis for existing utility features contacts will be established for the coordination and identification of buried and surface located utility features. Contact will be made with the Indiana Underground Protection Service, to request a field marking of underground at the time of the field survey. All apparent utility features will be referenced and incorporated into the mapping. A review of as -built and record drawings will be conducted to further identify buried utility lines. A list of utility owners and contact personnel will be updated for information and future project reference. Apparent property line and R/W lines will be included in project mapping. Property ownership will be shown for all parcels adjacent to the project construction limits. 1 - Lakson- Fisher Associates P. C. Project File 9018.95 August, 2010 C L FATATA k Roadway Design Features The design of the South Main Street to Lafayette Connector will include the fundamental elements developed in the South Main Street to Lafayette Boulevard Connector and Development Area - Preliminary Design Report and Plans completed in 2009. This first stage of design will include the realignment of existing Lafayette Blvd. and South Main Street from Ireland Road to existing South Main Street approximately 400 ft. south of Chippewa Avenue, a total distance of approximately 1,600 ft. The Connector will be designed as a four lane arterial. A modern two -lane roundabout will be constructed on this connector just south of the Chippewa Station Post Office branch office, mid- distance between Chippewa Avenue and Ireland Road. A two- lane/three- lane collector type roadway will be constructed as a crossing element of the roundabout providing a connection from the Showplace 16 Movie Theatre east to the roundabout with an approach and future extension to South Michigan Street further to the east. For truck and factory access (to Kulzer Inc. and Lock Joint Tube, Inc.) a two -lane local street will be designed connecting industrial /commercial drives on the west side of Lafayette Blvd. to a minor intersection with the Connector approximately 750 ft. south of the roundabout. This local street will align with and extend eastward to the existing section of Walter Street between South Main and South Michigan. Detail of the conceptual design is included with Land Acquisition Map in Attachment "F ". The following list documents the anticipated lengths and widths of the various elements of the system: ( South Main St. to Lafayette Connector: 600 LFT 4 -lane widening of existing 1,000 LFT 4 -Lane on new alignment Traffic Signal Modernization (Lafayette at Ireland) (Estimated 80 ft. Right -of -Way) Modern Two -Lane Roundabout: Approximately 230 ft. Diameter Collector Roadway: 670 LFT 2- Lane /3 -Lanes on new alignment (Estimated 60 ft. Right -of -Way) Local Street: 350 LFT 2 -lanes on new alignment (Estimated 50 ft. Right -of -Way) Surface Drainage: Combined curb and gutter, inlets, manholes and enclosed drainage system City Utilities Water, sanitary sewer extensions on new alignment sections. Miscellaneous Design Elements: Sidewalks, ADA ramps, concrete drives, traffic signage, pavement markings, small segmental block retaining walls (as needed), Roadway design elements will be consistent with applicable City of South Bend -and AASHTO standards and specifications. - 2 - LaHson- Fisher Associates P.C. Project File 9018.95 August, 2010 L FAUU., Utility Coordination LFA will provide utility coordination as well as utility plan requests and reviews. Coordination will involve securing accurate plan locating in accordance with AASHTO guidelines. Level B locating will be using IUPS locates identified in the survey. Level A locating (pot - holing/earth extraction) is not included in the scope of design services. If the City desires this level of locating, LFA can provide these additional services under supplemental agreement. Any utility relocation agreements will be prepared by,the City of South Bend. Geotechnical Investioation and Report LFA's Sub - Consultant, Earth Exploration, Inc., will prepare the geotechnical investigation and report. Geotechnical procedures will be in accordance with City of South Bend and AASHTO guidelines. The geotechnical investigation and reports for the two future stages are not included in this scope of services. Construction Plan Preparation Process The Project will be designed according to current City of South Bend requirements. The submittal requirements for the Project will include: Preliminary Plans and Environmental Screening Report •.... Preliminary Field Check ................. ............................40% Design and Design Information Reviewed. .....R/W Plans -and Legal Descriptions ..................Proposed Permanent, Temporary R/W, and Easements. ....Public Information Meeting Plans ......... ............................... Exhibits of Proposed Construction Plans. .... Final Plans ...................... ............................... 95% Final Plans, Computations, Quantities for Review. .....Final Tracings Submission .......................... ............................... 100% Final Plans, Ready for Letting. • Bid Documents and Bidding Environmental Documentation Our Sub - Consultant, ASC Group, will perform the following screening level environmental tasks for this Project Stage as well as the other two future stages. The entire project area (as described in the July 2009 Preliminary Design Report and Plans) will be reviewed for possible hazardous material in the individual property structures and below ground. Additionally, a screening level investigation will be conducted for any significant historical resources within the entire project area. The purpose of the environmental process will be to determine if there are any documented resources or existing hazardous material that may be encountered in the construction of the roadway improvements. The design submittal process will include the following associated permitting and environmental documents: • Environmental Screening Report , • Rule 5 Submission G, � -3 - Lawson - Fisher Associates P.C. Project File 9018.95 August, 2010 C L FATAV & A P730 Construction Phase Consultation LFA will provide answers to bidder's questions, provide any addendums and attend the pre - construction conference. LFA designers will provide any construction changes as directed by the City. The LFA designers will internally track the construction project in weekly progress meetings from the pre - construction conference to final acceptance. Construction Enaineerina and Inspection This proposal does not include a defined scope of services for construction engineering and inspection. If the City desires this service, LFA will provide a scope and cost proposal under a separate or supplemental agreement. Right-of -Way Services LFA will prepare Construction Plans including Right -of -Way needed for the project. Our Sub - Consultant, DLZ, will perform R/W engineering services and prepare the Location Control Route Survey Plat, Legal Descriptions, and Transfer Documents for Acquisition by the City of South Bend. This proposal does not include a defined scope of services for title research, appraisals, buying, relocation assistance or asbestos inspection and clean -up monitoring. It has been assumed for the purpose of this proposal, that the City will use its own resources or other R/W agents for these services. If the City desires these services, LFA will provide a scope and cost proposal under a separate or supplemental agreement. PROJECT ENHANCEMENT - ROUNDABOUT DESIGN, PEER REVIEW The use of roundabouts as solutions for intersecting traffic continues to increase nationally and in this State. The City of South Bend has shown an embracement of this solution to alleviate stopped vehicle delay and reduce personal injury accidents and their severity. We believe that motorists will continue to adapt their driving habits to the various traffic control devices and geometric improvements made by successive designs. What this means practically is that designers should be open to and aware of local performance as well as national changes in the use of the latest improvements in traffic control and geometric design. It may be desirable to have a peer review of the roundabout design by our Sub - Consultant, DLZ. Certainly both firms are qualified in complex road design and can independently design a functional roundabout. The enhancement, through having a peer review of the basic design(s), a broader range and experience of design expertise is provided; and, therefore, creating the most successful project possible. - 4 - Lawson- Fisher Associates P. C. Project File 9018.95 August, 2010 ATTACHMENT CITY OF SOUTH SEND, I NDIANA SOUTH MAIN ST TO LAFAYETTE CONNECTOR AND ROUNDABOUT STAFF HOUR JUSTIFICATION • PROJECT DESIGN DEVELOPMENT Work ElasKm No. STAFF HOURS BY CLASSIITCATION Total SUBCONSULTANT Shts. Pruj. Manager Smwrb Civil Smwr7erh. Ckriul Hours COST PRELIMINARY DESIGN Survey and "minary Plotting Field Sumey 4 6 320 330 Location Rene Control Survey and Plot NJ (B DI.Z) $38,500 Review Survey Fidel Data 8 8 Cocrd'nstion and Control of R'W Sub-COmuhant 1 2 2 2 7 Preliminary Plan sobmittal Designer Fkk1 Inspection 4 4 8 Establsh Grade Controls. Prepare Overall Grade Profile 4 16 I2 32 Deli Cseometries Pr Overall Plan 2 8 24 12 46 Utility Coordination 1 8 4 4 17 P P Titk & lvdex Shoos I 4 5 Prepare Pmknmwy T Cross Sections 1 2 8 8 19 rmpmm Prelunizary Plan & Profile Sheets 2 8 16 24 50 Roundabout 16 nand grading Plans 4 16 24 4 48 Prefiminary ' ht -of-Wa 2 4 8 14 • c Des' 2 12 4 Is Prebminary Sanitary Sewn Design 1 10 4 15 Preliminary Water Lice Dcup 12 4 I8 PrefirMnary Approach & Drive Dctail 2 16 18 Prepare Structure Data 4 12 16 Prepare Pre' Cross Sections 4 24 24 52 prepare Conceptual Maimatance Of Traffic 2 It 10 Prefirnamay Consuuctfon Cost Fstinate 1 2 4 1 8 Ent,konmental Sommiln Reperl - HarMat (by ASC Group) $9,127 Environmental Screming R - Hist. Arch ( ASC Group) $030 Coordination and Control of Envirownental Sub-Consubant 1 2 2 2 7 SUBTOTAL HOURS 0 17 76 118o 464 9 746 $53,957 RIGHT -OF -WAY DESIGN Dispossion orPrelimirmtry Plan Review Conromts 1 2 4 1 Check Plans - .: isle Sheer and Index Sheet 1 4 5 MP'Pl.n & Profile Shoots 2 6 24 24 56 Signs 10 12 22 Sign Structures 12 32 signals 1 18 Intersection Details I 2 19 Roundabout Deails 2 24 62 R ' ' Walls 6 Special Drainage Structures 1 7 S Sewn Deails 2 26 WataSne Details 2 20 Maintmenot ofTraffsc 2 4 30 Cross Sections 2 8 80 Construction COAEstimne 1 2 I 8 Ceeteehakal Iw (b Earth ExPleati0as, Inc.) $7,167 Coordination and Control of Gmleel"cal Sub-Consultant 1 9 Pavarmw Desisn I 4 2 7 Utility Coordination 1 8 2 2 13 Hydraulics end Storm Sewer Calculations 2 6 36 2 46 Construction Cost Estimate 1 2 8 1 12 Field Check and Documentation 4 4 2 10 Di sition of field Cbek Review Conanmis 1 2 4 8 I S Public: Information Mcetl aa00a Traffic- Maotmance Plan 1 2 4 7 I 4 12 4 21 Pubes meeting 3 3 3 9 ' snioe of Pudic Meming Commons 1 2 4 2 9 Legal • sued Transfer Documents; (by DLZ Indiana, LLC) $91,120 Coordination and Control of R/W Sub- Consuhant 1 2 2 2 7 SUBTOTAL HOURS 0 26 78 213 22t 18 563 $101,287 LOKTon-Fishm Assoriurrs P.C. Projrrr Fil, No. 901 F. 95 Arrgasr 2010 L FAAY ATTACHMENT "C" CITY OF SOUTH BEND, INDIANA SOUTH MAIN ST TO LAFAYETTE CONNECTOR AND ROUNDABOUT STAFF HOUR JUSTIFICATION - PROJECT DESIGN DEVELOPMENT -`� Work Elam i No Slats, P" M-.m HOURS BV CLASSIFICATION SmiurF 0'.1 F. Senior Tech. Ckripl Total Hours SLBCONSULTANT COST FINAL DESIGN Find Plan SabriHd Tkk and indu Sheaf end and Gemral Notes Shm Typical Cross Section I I 6 1 1 1 2 4 24 2 8 24 3 13 Plat Shins MaimenanceofTrdfic Plans (3 hales Plan & Profile Shins 12 7 3 2 1 2 6 8 4 24 32 16 19 32 51 24 80 Approach & Drive Details Intersection Details I J I I 2 12 12 18 73 13 Roundabout layout and Plans Pipe Structure, Water Line, Sanitary Sewer Details Retaining Wall Sheets Pavaanent Mr ' Plans 2 4 1 2 2 1 8 8 2 8 8 28 8 16 16 28 16 32 33 34 65 26 Traffic Strang Plans Traffic S' Plans Erosion Control Plans 4 1 8 1 1 1 2 6 2 14 8 19 12 6 24 56 29 21 R' and Soddin Tame A oath Table Undcdram tables S' S Tebks and Sign Details Road Summary Sheets Cross Sections Drains a atimes Contruction Cast Estimate Earthwork Con nation Qumtity ConWations Special Provision Ruk 5 Submission I 2 2 2 1 20 1 ) 1 2 2 2 1 2 2 8 2 6 2 ` 2 6 4 2 4 12 16 2 2 40 4 8 16 6 6 860 6 16 2 I 2 45 13 27 42 30 22 ) 07 4 8 16 40 14 UST Removal Corrdeution Disposition of Final Plan Comments 1 1 2 2 2 4 12 5 19 — SUBTOTAL HOURS N 23 1 101 326 470 5 925 $0 FINAL CONSTRUCTION PLANS, BID DOCUMENTS AND BIDDING 1 Pim Tree' s Incbdm Cross Sections "Snginvers Estimate Contract Documents and Bid Forms Advertisement nd Bidding 2 1 I 4 2 8 12 16 16 RFl and Addes,durn 2 6 8 Bid Tabulation and Recommendation 2 6 8 SUBTOTAL- SUBTOTAL - hoof Way Dar SUBTOTAL - Furst SUBTOI AL - Construction Documents and Bidd 0 0 84 0 17 26 23 8 76 78 101 26 180 213 326 60 464 228 47D 0 172 553,957 101,287 925 SO E TOTAL HOURS HOURLY RATES (2010) 74 $ 165.00 281 $ 160.00 779 S 115.00 1 162 f 105.00 COSTS TOTAL. COST $ 12,210.00 S44, %0.00 $B9 9500 5122,010.6 EXPENSES Co tee, M' e & Misc. C4nsbWion Consultation SUBCONSULTANTS• 1155,244 SI55,244 TOTAL FEE COSTS BY CATEGORY S 435.938.00 Enviomm udDocumentation S Geotednical Investigation and S 165.00 $ 825.00 S - S 320.00 S 1,280.00 f 160.00 s 23000 $ 230.00 S 230.00 1 f • S $ 34,440.00 1 S 6303T 170.00 170,00 5,610.00 170.00 516,342 $75,445 58,187 $235,150 $95,005 15,000 and d Construction Dotusnents R' -of We En and at Descriptions 42 Parcels S 11,055.00 S 165.00 $ 42,880.00 f 320.00 $ 88,665.00 f 230.00 S 86,940.00 S $ S Construction Consultation $ 12,210.00 5 44, %0.00 f 89,585.00 S 122,010.00 S 6,120.00 TOTAL AGREEMENT 1435.938 Enhancement - Roundabout Peer Review S14,000 1449,938 TOTAL AGREEMENT (with ENHANCEMENT) loason -Fuhrr Assn win P.C. Pm)m File No. Will 93 A 70111 X e m L Q x rn CD c v E `' o CL Do j I I it I; I orb 'Q Street i -_ - - - -- - - - - - -- - i - -- il t* wi ter Stre�1 -- _------- . - - - -I� �i - Ii - - -- - -- - - I - - -- y - - -- — -- - -- -- �, - — -- ' - - Legend -- - - -- -- - Staging I -- y -- - - - - - -- - - Stage I - Open 2011 I1 Stage II - Open 2012 it _. -- - - - - -- -- _- - - — ' - -- -- - Stage III - Open 2013 �I N W+ E S 1:4,200 350 175 0 350 Feet Attachment E �� City of South Bend, Indiana LF a i.AwS 1 f7SHERASSDC 16TER P.C. I; South Main St. to Lafayette 525 W WASHINGTON AVENUE j Connector and Roundabout SOUTH BEND, INDIANA 46601 I� j PH. (574) 234-3167 Project Construction Stages Map v E N C O .y 7 g 0 co S� 00 a N �cc C �II a w. m E c o -� > a� 0 m �p C M 6 .r w 'd U � 0 a 0 n. w z 3 a c� c 0 N U Q C m J nw- oo hillt. w g aa� U Z Z t7 ((N� 13pj Q ZZN lzLa 10, 0 N =C Ln N N g Attachment F 1 9018.95 1 Aug., 2010 rlmo Exhibit "B" MAIN - LAFAYETTE CONNECTOR DESIGN PROJECT - SUPPLEMENT #1 See attached Amendment dated January 4, 2011 GREGORY L. HOLDEN, P.E. PAUL A. HUMMEL, P.E. FAVAVLA J PIPER C. TITTLE, P.E. �I�AWSON- FISHER ASSOCIATES P.C. 9 THOMAS S S S.. S SHAHARP, P.E. THERESA E. HARRISON, P.E. JON E. RIEMKE, P.E. JEFFREY L. McKEAN, P.E. RANDOLPH J. LINDLEY, P.E. CHRISTOPHER J. JETER, P.E. DENNIS A. ZEBELL, P.E. BENJAMIN P. HOLDEN, P.E. DAN G. DELGADO, P.E. MICHAEL J. GUZIK, P.E. MICHAEL F. JOHNSTON, P.E. JEFFREY M. BYRD, P.E. JARED M. HUSS, P.E. January , 2011 SKY K. MEDORS, P.E. ry GINA A. WEILBAKER, P.E. AARON W. BLANK, P.L.S., P.E. �V LM Mr. Bill Schalliol Community & Economic Development Specialist City of South Bend 227 West Jefferson Boulevard, Suite 1200S South Bend, Indiana 46601 RE: South Main Street to Lafayette Boulevard Connector and Development Area Supplemental Agreement #1 R/W Acquisition Services Dear Mr. Schalliol: Lawson - Fisher Associates P.C. (LFA) is pleased to submit this proposal to provide Professional Engineering Services to the City of South Bend (City) for the Main Street to Lafayette Boulevard Connector, Roundabout and Street Improvements. The proposal includes the following documents: Scope of Acquisition Services, Appendix A Manhour Justification, Appendix B Sub - consultant Proposal and Schedule, Appendix C. The proposal was prepared at your request on the basis of our meeting on November 12, 2010. We propose this Scope of Services be performed on an hourly basis for a budgetary fee of $439,000. Payments to LFA will be in accordance with Attachment "A" in our original contract. 525 WEST WASHINGTON AVENUE • SOUTH BEND, INDIANA 46601 • 574 - 234 -3167 • 574.236 -1330 (Fax) L FAVAVA Mr. Bill Schalliol January 4, 2011 Page 2 Please indicate your acceptance of this proposal by signing in the space provided below and returning one copy to our office. Thank you for the opportunity to provide additional professional engineering services to the City of South Bend. If you would like to review the proposal with us, or if you have any questions or comments, please do not hesitate to contact us. Very truly yours, LAW N- FISHER ASSOCIATES P.C. �` eg H. H Iden, P.E. President/Senior Structural Engineer Paul A. Hummel, P.E. Senior Vice President/Senior Civil Engineer GLH:PAH /bsa Encls. c: Carl P. Littrell, P.E. City Engineer Michael F. Johnston, P.E. ACCEPTED AND APPROVED this day of , 2011. (Authorization is also Notice to Proceed) CITY OF SOUTH BEND REDEVELOPMENT COMMISSION L L FAVAVA LM APPENDIX A SCOPE OF ACQUISITION SERVICES South Main Street to Lafayette Connector & Roundabout Stage 1 of Development Area Appraisals Appraisal services will be provided under LFA project management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in Appendix C. Ne-gotiation Services Negotiation services will be provided under LFA project management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in Appendix C. Right -of -Way Staking will be performed by LFA Survey crews at the time of Negotiation. The temporary and /or permanent Right -of Way will be staked to wooden lath accuracy using color coded ribbon and marked stakes at the property lines and at intermediate breaks /deflection points. LFA will coordinate with DLZ to provide sufficient time for the affected property owner to realize the definition of the proposed Right -of -Way. Relocation Assistance to City of South Bend Relocation Assistance will be provided under LFA project management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in Appendix C. Closing Services Closing Services will be provided under LFA project management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in Appendix C. Acquisition Coordination Services Acquisition Coordination will be provided under LFA project management according to the scope provided by its sub - consultant, DLZ Indiana, LLC (DLZ) in Appendix C. - 1 - Lawson- Fisher Associates P.C. Project File 9019.79 January 2011 L FAVAVA LM rM Documentation Services Upon completion of all pertinent RNV acquisition, LFA will prepare a subdivision plat for the combination of remnant parcels and re- definition, and recording of the land parcels that the City finds most useable to its redevelopment process. The subdivision plat will be presented for review and approval and thereafter submitted to the recorder's office. At the appropriate time, LFA will set property monuments according to the approved and recorded subdivision plat. - 2 - Lawson- Fisher Associates P.C. Project File 9019.79 January 2011 APPENDI X CITY OF SOUTH BEND, INDIANA SOUTH MAIN STREET TO LAFAYETTE CONNECTOR AND ROUNDABOUT STAFF HOUR JUSTIFICATION - SUPPLEMENTAL AGREEMENT NO. 1 - R/W ACQUISITION AND RELATED SERVICES Work Element Est. No. of Parcels STAFF HOURS BY CLASSIFICATION Total Hours SUBCONSULTANT COST Praj. Manage, Saner Eng Civil Eng. Scrum Tech. Clerical APPRAISALS AppmlsW Problem Analysis 33 1 1 1 3 S 7,260.00 A ppmltntls Waiva Valuation I $ 500.00 Value Find' 9 1 1 1 3 $ 18,000.00 Short Form Residential 4 I I $ 81000.00 Short Form Commercial 3 S 11,700.00 Long Fonn Residential 2 S 7,600.00 Long Form Industrial 1 $ 7,800.00 Long Form Co nrtercial 13 1 1 1 3 $ 120,900.00 Review Appraisals Waiva Valuation I S 225.00 Value Finding 9 1 1 1 3 $ 8,100.00 Short Form Residential 4 1 1 S 3,600.00 Short Form Commercial 3 S 5,400.00 Long Form Residential 2 S 3,600.00 Fonn Industrial I S 3,600.00 Lang Fonn Commercial 13 1 1 1 3 $ 54,600.00 APPRAISAL SUBTOTAL 33 5 7 0 0 5 17 S 260,885.00 NEGOTIATION SERVICES Negotiation and Acquisition Coordination Servies 33 1 1 2 4 S 125,400.00 Coordination for Dedication of Ci -Owned Parcels 4 I 1 2 S 4,000.00 Title and Enarrd)n= Report Update 37 1 1 2 4 S 3,700.00 R/W Staking 33 1 4 50 55 NEGOTIATION SUBTOTAL 4 7 0 50 4 65 S 133,100.00 RELOCATION ASSISTANCE Relomdon Assistance to the City of South Bend 6 1 1 2 4 s 9,000.00 RELOCATION SUBTOTAL I 1 0 0 2 4 $ 9,000.00 CLOSING SERVICES ,.-In Services 33 1 1 2 4 S 14,856.00 —rding Fees $ 3,700.00 CLOSING SUBTOTAL 1 1 0 0 2 4 S 18,550.00 DOCUMENTATI N SERVICES Recorded Subdivision Plat 1 4 14 12 2 33 Mommentation 2 12 1 14 DOCUMENTATION SUBTOTAL 1 6 14 24 2 47 S SUBTOTAL - Appraisals 5 7 0 0 5 17 $ 260,885.00 SUBTOTAL - Negotiation 4 7 0 50 4 65 $ 133,100.00 SUBTOTAL - Relocation I 1 0 0 2 4 $ 9,000.00 SUBTOTAL-Closing I 1 0 0 2 4 S 18,550.00 SUBTOTAL - Documentation 1 6 14 24 2 47 S - TOTAL HOURS 12 1 22 14 74 15 137 HOURLY RATES (2011) S 165.00 S 160.00 $ 115.00 S 105.00 $ 85.00 COSTS $ 1,980.00 $ 3,520.00 $ 1,610.00 S 7,770.00 $ 1,275.00 TOTAL COST $ 16,155.00 EXPENSES (Coniputa, Stakes & Misc.) $ 809.00 SUBCONSULTANTS- S 421,535.00 TOTAL FEE S 438,499.00 (LABOR) COSTS BY CATEGORY APPRAISALS $ 825.00 $ 1,120.00 S E S 425.00 S 263,255.00 NEGOTIATION SERVICES $ 660.00 S 1,120.00 S - S 5,250.00 $ 340.00 $ 140,470.00 RELOCATION ASSISTANCE S 165.00 $ 160.00 S $ S 170.00 $ 9,495.00 CLOSING SERVICES S 165.00 $ 160.00 S $ - S 170.00 $ 19,045.00 DOCUMENTATION SERVICES $ 165.00 $ 960.00 S 1,610.00 $ 2,520.00 S 170.00 S 5,425.00 TOTAL SUPPLEMENTAL AGREEMENT 6L S 438,499.00 1 j 1 1 Lawson- Fisher Arsnciarec PC Projeci File Nn 9019 79 ✓anuary 2011 016DLZ ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 Mr. Michael Johnston, P.E. Lawson - Fisher Associates P.C. 525 West Washington Avenue South Bend, IN 46615 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Dear Mr. Johnston: DLZ Indiana, LLC (DLZ) appreciates the opportunity from Lawson - Fisher Associates P.C. (LFA) to provide this Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road in St. Joseph County, Indiana, in accordance with the attached Land Acquisition Map (Attachment A) and Parcel Acquisition Table (Attachment B) provided by LFA. SCOPE OF SERVICES DLZ will furnish the services of qualified professionals including appraisers and buyers as required, to perform the following tasks: A. Appraisals DLZ will obtain by subconsultant the following appraisal services: 1. Appraisal problem analysis to select the type and scope of appraisal to be performed. 2. Appraisals for each parcel based on the agreed appraisal problem analysis. 3. Appraisal reviews for each parcel resulting in a just compensation recommendation to be approved by City of South Bend designated representative. B. Negotiation (buying) and Acquisition Coordination Services Negotiation (buying) Services 1. Upon approval of each parcel just compensation form by the City of South Bend, DLZ will prepare preliminary conveyance documents, in accordance with legal descriptions and right -of- way parcel plats prepared and provided by LFA. The preliminary conveyance documents will be submitted by DLZ for review and approval by City of South Bend legal staff prior to commencing negotiations with each owner. 2. Negotiation activities shall include presentation of each offer in person (or by mail, if necessary), discussion of the project, explanation of land acquisition and eminent domain procedures, 2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471 With offices Throughout The Midwest www.diz.com 016DLZ ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 2 providing notarization services, as needed, for acceptance of offers and execution of conveyance documents, and preparation of owner appraisal letters, pay vouchers, sales disclosure forms, real estate tax memorandums, receipt of conveyance instrument forms and additional documents as necessary to secure and provide clear title to each parcel. 3. Prepare supplemental title and encumbrance reports. 4. Pursuant to successful acquisition of executed conveyance documents and completion of supplemental title and encumbrance reports, all executed documents will be submitted to City of South Bend legal staff for review and approval. 5. Pending approval of documents by City of South Bend legal staff, pay vouchers will be submitted to City of South Bend Controller for processing of payment. 6. Prepare Condemnation Reports, as necessary, for unsecured parcels. 7. Provide assistance in the event of condemnation as additional services. Acquisition Coordination Services 1. Prepare, execute and monitor subconsultant agreements (appraisers, review appraisers). 2. Check completed appraisals for compliance with type and scope. 3. Transfer appraisals, review appraisals and acquisition documents to City of South Bend, buyer and/or relocation agents, as necessary. 4. Prepare progress reports. 5. Maintain project and subconsultant schedules. 6. Attempt to resolve right of way issues and coordinate Administrative Settlements, as necessary. 7. Coordinate revisions to plans and/or right -of -way documents during negotiations. 8. Prepare donation, resolution and /or conveyance documents for establishment of ownership of current City of South Bend owned properties to appropriate government entity and/or establish purpose of such ownership for roadway purposes. 9. Provide assistance in the event of condemnation as additional services. C. Relocation Assistance to City of South Bend Services 1. Coordinate attendance and participation by City of South Bend relocation personnel and /or DLZ relocation assistance personnel during appraisal and/or acquisition meetings with residents, tenants or businesses requiring relocation to document commitment(s) for relocation. 2. In the event that a parcel requires relocation, the buyer will provide added coordination to the City of South Bend to assist in finding and arranging for the relocation of the resident, tenant or 016DLZ ENGINEERS • ARCHITECrS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 3 business to a new location. It is DLZ's understanding the City of South Bend will be the relocation agent and DLZ will provide assistance. D. Closing Services 1. Deliver checks to the land owners to complete the land purchase. 2. Obtain County Assessor's approval of the sales disclosure forms, verification of tax identification numbers and Assessor stamp on documents prior to submission to County Auditor. 3. Obtain County Auditor's approval of the deeds and sales disclosure forms and obtain Auditor stamp on documents for recording. 4. Submit deeds to the County Recorder office for recording. 5. Procure original recorded documents subsequent to completion of recording activities. 6. Prepare final R/W Parcel File for submission to City of South Bend. DELIVERABLES 1. Appraisal problem analysis documents for City of South Bend approval. 2. Appraisals for each parcel. 3. Review appraisals for each parcel. 4. Just compensation form to be submitted for approval. 5. Deeds and vouchers for City of South Bend approval and processing. 6. Donation, resolution and /or conveyance documents to establish appropriate ownership and intent of ownership for roadway purposes for current City of South Bend owned parcels as identified in Attachment A. 7. Original recorded documents. 8. Executed buyer documents. 9. Final R/W Parcel Files for City of South Bend records. ADDITIONAL SERVICES The following additional services, not included in the above scope, may be provided as desired or necessary: 1. Right of way staking to be performed by LFA as needed. 2. Services of professional appraisers or negotiators as needed for condemnation. 016DLZ ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 4 No additional services will be performed without prior written approval by Lawson - Fisher Associates P.C. Approved additional services will be billed according to the Hourly Rates shown on Attachment C. CLIENT RESPONSIBILITIES 1. Right of way parcel descriptions and plats. 2. Final right of way plans. 3. Information on prior contact with land owners by City of South Bend or LFA personnel. AR 11"N SCHEDULE OF SERVICES Total Acquisition Parcels Based on City of South Bend and LFA project schedule, there are seven (7) total acquisition parcels with Right of Way Acquisition Services to begin in accordance with the identified schedule of services for the total acquisition parcels in January 2011, upon DLZ receipt of a signed proposal /subconsultant agreement, notice to proceed and receipt of legal descriptions and right of way parcel plats prepared and provided by LFA. Partial Acquisition and Temporary Right of Way Parcels Right of Way Acquisition Services for partial acquisition and temporary right of way parcels will commence upon receipt of legal descriptions and right of way parcel plats as prepared throughout the development of the design. DLZ proposes to initiate the Scope of Services outlined above for partial acquisition and temporary right of way parcels, in accordance with the identified schedule of services, based on an anticipated notice to proceed and receipt of legal descriptions and right of way parcel plats for groupings of up to seven (7) parcels. Schedule of Services 1. Appraisal problem analysis completed within 30 days after notice to proceed and receipt of parcel legal descriptions and right -of -way parcel plats from LFA. 2. Appraisals to be completed within 60 days of receipt of appraisal problem analysis. 3. Relocation coordination activities will commence at time of initiation of appraisal services on those 016DLZ ENGINEERS • ARCFJnWTS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 5 parcels designated as relocation parcels. 4. Appraisal reviews to be completed within 30 days of receipt of completed appraisals. 5. Negotiation services to commence within 15 days after approval of just compensation and preliminary conveyance documents. 6. Closing services to be initiated within 30 days after offer presentation. 7. Acquisition to be complete approximately 135 days after approval of just compensation, unless the parcel proceeds to condemnation, requires relocation or initial offer is rejected by the property owner. FEE FOR SERVICES In consideration of the above outlined tasks, DLZ Indiana, LLC will be compensated on a lump sum basis, summarized as follows: (Remainder of sheet intentionally left blank — Fee Schedule on following sheet) LIM 01dDLZ ENGINEERS • ARCHrrECtS • SCIENTISTS PLANNERS • SURVEYORS LIN December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 6 CtiT'1f QF;SOUT�I BENp STREE?f:QE1fELORN11�1 PEAN; „. MAIN'STidf' FROM: C 1PPEWA AVEiVUE TO JULAN ©A-0AD DESK WIWN FEES: A. Right of Way Acquisition Services Est. No. Parcels Unit Price 1. Appraisal Problem Analysis 33 $220.00 $7,260.00 2. Appraisals (Billed per parcel at rates listed below) Waiver Valuation 1 $500.00 $500.00 Value Finding 9 $2,000.00 $18,000.00 Short Form Residential 4 $2,000.00 $8,000.00 Short Form Commercial 3 $3,900.00 $11,700.00 Long Form Residential 2 $3,800.00 $7,600.00 Long Form Industrial 1 $7,800.00 $7,800.00 Long Form Commercial 13 $9,300.00 $120,900.00 3. Review Appraisals Waiver Valuation 1 $225.00 $225.00 Value Finding 9 $900.00 $8,100.00 Short Form Residential 4 $900.00 $3,600.00 Short Form Commercial 3 $1,800.00 $5,400.00 Long Form Residential 2 $1,800.00 $3,600.00 Long Form Industrial 1 $3,600.00 $3,600.00 Long Form Commercial 13 $4,200.00 $54,600.00 4. Negotiation and Acquisition Coordination Services 33 $3,800.00 $125,400.00 4.1 Coordination for Dedication of City -Owned Parcels 4 $1,000.00 $4,000.00 5. Title and Encumbrance Report Update 37 $100.00 $3,700.00 6. Relocation Assistance 6 $1,500.00 $9,000.00 7. Closing Services 33 $450.00 $14,850.00 8. Recording Fees (Reimbursable) $3,700.00 TOTAL $421,535'.00 016DLZ ENGINEERS • ARCHITECrS • SCIENTISTS PLANNERS • SURVEYORS December 16, 2010 RE: Proposal / Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 7 DLZ shall be compensated in accordance with the above fee schedule for any increases in the number of parcels. Additionally, appraisal and appraisal review classifications, items A.2. and A.3 as contained within the above fee schedule, were developed based on project and parcel information provided by LFA as contained within Attachments A and B. If at any time during the preparation of the appraisal problem analyses, appraisals and /or review appraisals, a parcel is determined to require a more complex or expensive type of appraisal and/or appraisal review classification, DLZ shall be compensated in accordance with the associated fee based on the final determination of type of appraisal and /or appraisal review. Services will be invoiced on a monthly basis, in accordance with percentage complete of each lump sum task. STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions, as set forth as Attachment D, are incorporated hereinto and made a part of this proposal /subconsultant agreement. The Owner referred to in the Standard Terms and Conditions means Lawson - Fisher Associates P.C. CLOSING DLZ Indiana, LLC trusts this proposal /subconsultant agreement satisfactorily sets forth your understanding of the project requirements, terms and conditions for the right -of -way acquisition services. If this proposal /subconsultant agreement meets with your approval, please sign, date and return one (1) copy to our office. Receipt of a signed copy will serve as our notice -to- proceed. We thank you for the opportunity to present this proposal /subconsultant agreement. Please feel free to contact us should you have any questions or need additional information. C9 016DLZ ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS •SURVEYORS December 16, 2010 RE: Proposal /Subconsultant Agreement for Right of Way Acquisition Services for the City of South Bend Proposed Street and Development Plan for Main Street from Chippewa Avenue to Ireland Road Page 8 Very truly yours, DLZ INDIANA, LLC r — 0" �_ Gary . isk, P. t. Vice President AGREED AND ACCEPTED Lawson - Fisher Associates P.C. an Title: ATTEST: Date: Samuel E. Wolfe, P.E., L.S. Survey /Right of Way/Real EstatefUtility Coordination Division Manager Attachments: As Noted M: \Proposals \PIOTransportation \Lawson Fisher\Acquisition Services agreement \Acq Services for CSB Strcct and Development Plan Lawson Fisher 2010 - 12- 16.doc Map Document (U .120101201024_00 SBN S Main Conn\GISWX0Wcquisitioas.mxd) 11 1302010 —1 01 56 PM Attachment A s D 9- N L FAVA&Vj City of South Bend, Indiana Proposed Street and Development Plan A 3 w E LAWSOP+nSHER ASSOCIATES RC. '` O C 525 W WASHINGTON AVENUE �`ll SOUTH SEND, INDIANA 46601 S PH. 15741 Z34-3167 Land Acquisition Map Attachment A Attachment B C 0 Y N .3 C GO a O C u N Q 0 U }YO— cc O M L L C Q c N 3 O N (C } Iz; U � u a (U H m V L h tft !�. t� a-9 s► fY? ry a N V 41 - •LD C C O in c a a G tl V 7 aW) M ,.4 su CU 4- N r4 CO a v O •� M to 9 r� U O ` v' e 1 W 00 rl M1 r 4" h i M C7 =' a0 U Cu c l7 N •� Q C . Ou H Q aL °' c c Q o o c CL 3 i O H -•1 eq e-1 h H 3 0 p O M io Q _ U O LL W m W C7 ° CL a v H M H y w Ln 'n _ An 'L a CL cw rE C H O CU fu O LL LL O CO L c o 3 Co CO +' Cr o ° aai CL O O e O rt C N Cy 5 (D: 7jj Y O Q O U C (a M LL LL a m nn m a N C C M �IMi 7 T N cN n ++ ii O 6 O M O 0 H Z n. Z N i- x x 0 N d 9 F c A e 'o U c O 'a a H C� N LIP ATTAC HW,,NT C DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2010 it} r to tir#itil t�ltf si $0.445 /mile x; q �t tt -+ ! es YFr;:: #Y .. tt� tit tti #. !.R •f:: !' �.r c ar� i � i sr r ......... :_• ittl: Gil; tUltL .i „! ... :. . .. -.:. tF (, #.;.t•, .. +• i!• .. vt�: ;S t4 4. '. i:,.o.. ..- .4 .., 1.1 multiplier to the actual invoice Subconsultants Lump Sum per parcel unit price 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/ $122.50 Planner III/Scientist III/Geologist III 52/57 Engineer II/Architect II/Landscape Architect II/ $112.50 Planner II/Designer III /Scientist II/Geologist 11 51/56 Engineer I /Architect I /Landscape Architect I/ $90.00 Planner U Designer II/Scientist I /Geolo ist 1 28 Designer I $75.00 29 Technician $65.00 147 Construction Administrator $105.00 152 Construction Observer $85.00 43 Clerical $50.00 27f - tr z t.i q i €- -._•u, tti t L si! I 7-r' tt �.:i 1 f [s ,t -.. tr�-s} ,;� ti.iff�, 3 tt `t }il, h , r f•1 r jt :.t �r t {itrx t7,i k :a - 3. .Y 1 C. t.t l.st }`: } tt �_r rif 'tt�l f : } at { � �s�, : Nil ' rt, r13i t, ;e t L $ ut' j[ r•.t.. ;i s it 3;`e t Sj 7 7• lr�f$ tt rr.ti - ... :.: .... �. ..�, +' a,tt f }i }J 12ttT� !tN it !i, Fi .}t t ;t t , .f! r t #; f ,', r 1 "� ! � t -eU It #�� tlt Mileage (Outside of St. Joseph County) $0.445 /mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction 1.1 multiplier to the actual invoice Subconsultants Lump Sum per parcel unit price 143/99/99 3 — person Survey Crew $182.50 142/99 Topographic Survey Crew (straight time) $145.00 142/99 Topographic Survey Crew (over time) $220.00 63 1 — person Field Crew $100.00 63 1 — person Field Crew (over time) $140.00 GPS 1— person GPS /RTK Field Crew $160.00 13 Field Survey Technician $52.50 27f - tr z t.i q i €- -._•u, tti t L si! I 7-r' tt �.:i 1 f [s ,t -.. tr�-s} ,;� ti.iff�, 3 tt `t }il, h , r f•1 r jt :.t �r t {itrx t7,i k :a - 3. .Y 1 C. t t t' •its i- fy' ' rt, r13i t, ;e t L $ ut' j[ r•.t.. ;i s it 3;`e t Sj 7 7• lr�f$ tt rr.ti - ... :.: .... ; i ! to it ti h i.: #t x , t t u .tti[i s }tfT y t' tt i ii j7 �. ..�, r {It! Mileage (Outside of St. Joseph County) $0.445 /mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction 1.1 multiplier to the actual invoice Subconsultants Lump Sum per parcel unit price Equipment Rental 1.2 multiplier to the actual invoice. Rates are subject to revision on January 1, 2011. Cost of livingfinflation increases of 3 to 7% per annum can be anticipated. S: \DeptW dminipntive \ClericelURATES12009REV Hourly Rates.doc STANDARD TERMS AND CONDITIONS ATTACHMENT D INVOICE AND PAYMENT PROCEDURES: DLZ shall submit nvoices, once a month, at a minimum, to the OWNER for Services accomplished during each calendar month. The OWNER, as OWNER or authorized agent for the OWNER hereby agrees that paymentwill be made for said Serviceswithin thirty (30) days from the date of the invoice; and, in default of such payment, hereby agrees to pay all cost of collection, including reasonable attome�s fees, regardless of whether legal action is initiated. The OWNER hereby acknowledges that unpaid invoiceshall accrue interestat 18 percentper annum after they have been outstanding for over thirty (30) days. [fan invoice remains unpaid sixty (60) days after the date of the invoice, DLZ may, upon giving seven (7) days written notice of its intent to do so, suspend all Services on the OWNER =s project. This suspension shall remain in effect until all unpaid invoices are paid in full. If an invoice remains unpaid ninety (90) days after the date of the invoice, DLZ may, upon giving seven (7) days written notice of its intent to do so, declare OWNER to be in breach of this Agreement and pursue its remedies for collection. 2. CONSTRUCTION SERVICES: If, under this Agreement, professional services are provided during the construction phase of the project, DLZ shall not be responsible for or have control over means, methods, techniques, sequences, or procedures; or for safety precautions and programsin connectionwith the Work. Nor shal I DLZ be responsible for the Contractor -s failure to carry out the Work in accordancewith the ContractDocumentsor for Contractor--s failure to comply with applicable laws, ordinances,rules or regulations. Under no circumstanceswill DLZ have any direct contractual relationship with the Construction Manager, Contractor, any subcontractors, material suppliers or other consultants unless DLZ and the Owner expressly agree otherwise in writing. OWNER agrees that DLZ will perform on -site construction review for this ONmroiect and that such services will not be performed by others. 3. SUBSURFACE INVESTIGATION: DLZ makes no representations concerningoil conditionsunless specificallyincluded in writing in this agreement,and DLZ is not responsiblefor any liabilitythat may arise out of the making or failure to make soil surveys,or sub - surface soil tests, or general soil testing. 4. AGENCY REVIEW: In the event that the plans, specifications, and/or field work covered by this contract are those required by various governmental agencies and in the event, that due to change of policy of said agencies after the date of this agreement, additional office or field work is required,the said additionalwork shall be paid for by OWNER as extra work. 5. SURVEY STAKING: In the event that any staking is destroyedby an act of God or parties otherthan DLZ, the cost of restakingshall be paid for by OWNER as extra work. 6. MISCELLANEOUS EXPENSES: The OWNER shall pay the costs of checking and inspection fee, zoning and annexation application fees, assessmentfees, soils engineeringfees, soils testing fees, aerial topography fees, and all other fees, permits, bond premiums, title company charges, blueprintsand reproductions,and all othercharges not specifically covered by the terms of this agreement. 7. CHANGE OF SCOPE: The Scope of Services set forth in this Agreement is based on facts known at the time of execution of this Agreement, including, if applicable, information supplied by DLZ and OWNER. DLZ will promptly notif3OWNER of any perceivedchanges of scope in writing and the parties shall negotiate modifications to this Agreement before commencement of change in scope. 8. SAFETY: DLZ shall establish and maintain programs and procedures for the safety of its employees. DLZ specifically disclaims any authority or responsibilityfor general job site safety and safety of persons other than DLZ employees, 9. REUSE OF PROJECT DELIVERABLES: Reuse of any documentsor otherdeliverebles, includingelectronicmedia, pertainingto the Project by OWNER for any purpose other than that for which such documents or deliverablewere originallyprepared, or altemationof such documentsor deliverableswithout written verification or adaption by DLZ for the specific purpose intended, shall be at OWNERS sole risk. 10. OPINIONS OF CONSTRUCTION COST: Any opinion of constructioncosts preparedby DLZ is suppliedfor the general guidance of the OWNER only. Since DLZ has no control over competitivebiddingor market conditions, DLZ cannot guaranteethe accuracy of such opinions as compared to contract bids or actual cost to OWNER. 11. INSURANCE: DLZ will maintain insurance coverage for Professional, Comprehensive General, Automobile, Worker =s Compensation and Employer -s Liability in amounts in accordance with legal, and DLZ business, requirements. Certificates evidencing such coverage will be provided to OWNER upon request. For projects involving construction, OWNER agrees to require its construction contractor, if any, to include DLZ assn additional insured on its policies relatingto the Project. DLZ coveragereferencedaboveshall, in such case, be excess over contractors primary coverage. 12. INDEMNITY: To the fullestextent permitted by law DLZ shall indemnifyand save harmless from and against loss, liability,and damages sustained by OWNER, its employees, and representativesby reason of injury or death to persons or damage to tangible property to the extent caused directly by the negligence of DLZ or its employees. 13. LIMITATIONS OF LIABILITY. No employee of DLZ shall have individual liability to OWNER. OWNER agrees that, to the fullest extent permitted by law, DLZ =s total liabilityto OWNER for any and all injuries, claims, losses, expensesor damages whatsoeverarising out of or in any way related to the Project or this Agreement from any causes including,but not limited to, DLZ =s negligence, error, omissions, strict liability, or breach of contract shall not exceed the total compensation received by DLZ under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER and DLZ shall include in the Agreementthe amount of such limit and the additionalcompensation to be paid b DLZ for assumption of such risk. 14. PREVAILING PARTY LITIGATION COSTS: In the event any actions are broughtto enforce this Agreement,theprevaiiling party shall be entitledto collectits litigationcosts from the otherparty. Any litigation shall be governed by the laws of the state of Indiana. 15. AUTHORITY: The persons signing this Agreement warrant that they have the authorityto sign as, or on behalfof, the party for whom they are signing. 16. STATUTE OF LIMITATIONS: To the fullest extent permitted by law, parties agree that, except for claims for indemnification, the time period for bringing claims regarding DLZ =s performance under this Agreement shall expire one year after Project Completion. Revised 2/02 MAProposalsTI OTransporutionEawson FishceAcquisition Services agreemedAttachment D TermCond.doc