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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Board of Public Works, South Bend Redevelopment Commission
From: Jitin Kain, Senior CED Specialist '
Subject: Resolution 2973 and Addendum To Master Agency Agreement
Eddy Street Corridor Conceptual Streetscape Study
Date: December 8, 2011
Attached to this memorandum is Resolution 2973 and Addendum To Master Agency Agreement for
Eddy Street Corridor Conceptual Streetscape Study.
On October 25, 2011 the Redevelopment Commission approved a proposal from DLZ to conduct a
conceptual streetscape study for the Eddy Street Corridor from Campeau to Colfax. The proposal
amount approved was $21,375.00
The Eddy Street Corridor plan will look at streetscape improvements to Eddy St. within and beyond
the public right -of -way outside of the street pavement and include:
• Replacement of curb, sidewalk and ADA compliant sidewalk ramps
• Replacement of streetlights to match the SR23 project
• Introduction of a tree lawn along the East and West sides of the street
• Replacement of street signs to match Eddy Street Commons.
The attached Resolution and Addendum to the Master Agency Agreement will allow the Board of
Public Works to engage in design development discussions and assist DLZ with project bidding,
award contacts and manage infrastructure construction to completion.
Staff requests approval of Resolution 2973 and the Addendum To Master Agency Agreement for the
Eddy Street Corridor Conceptual Streetscape Study.
What We Do Today Makes A Difference!
RESOLUTION NO. 2973
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Eddy Street Corridor Conceptual Streetscape Study)
WHEREAS, effective January 1, 2011, 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 2011; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Eddy Street Corridor Conceptual Streetscape Study 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 (Eddy Street Corridor Conceptual Streetscape Study) 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
December 13, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend,
Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Eddy Street Corridor Conceptual Streetscape Study)
2973 -11
This Addendum to Master Agency Agreement (this "Addendum "), made and
entered into as of the 13th day of December, 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 Eddy Street Corridor Conceptual
Streetscape Study (the "Project ").
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 certain projects during 2011; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Eddy Street Corridor Conceptual Streetscape Study 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
Exhibit "A"
Eddy Street Corridor Conceptual Streetscape Study Proposal by DLZ
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ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
October 19, 2011
Mr. Phil Byrd
Director of Real Estate
Northeast Neighborhood Revitalization Organization
803 Lincoln Way West
South Bend, IN 46616
RE: Eddy Street Corridor, Conceptual Streetscape Study
Dear Mr. Byrd:
DLZ Indiana, LLC (DLZ) is pleased to submit to you the following letter of agreement for professional services
for the above referenced project. Pursuant to our earlier discussion, the Northeast Neighborhood Revitalization
Organization (NNRO) and South Bend Department of Community & Economic Development have been working
together to complete the Eddy Street Corridor Plan. This Corridor Plan was developed for the NNRO by Lakota
Group, Inc (document 5/17/08) and included multiple Land Use /Streetscape options within the corridor study
boundary. The right -of -way widths and the extent of property redevelopment along the corridor varied among the
options presented.
PROJECT DESCRIPTION
This Project involves streetscape enhancements on North Eddy Street (SR 23) from Campeau Street south to, and
including, the East Colfax Avenue intersection (9 city blocks). Prior discussions with Gary Gilot, Public Works
Director, City of South Bend, determined that seeking INDOT approval for a center median in Eddy Street would
be a lengthy process and recommended the Project be limited to areas outside of the existing curb lines.
Therefore, the requested improvements are within (and beyond) the portion of public right -of -way (R /W)
occurring outside the street pavement and would include: replacement of curb and ADA compliant sidewalk
ramps; replacement of sidewalks with 5 foot width on the west side and multi -use path width (8' -10') on the east
side; decorative streetlights that match the adjacent SR 23 project; introduction of tree lawn along the east and
west sides of the street; tree plantings where feasible; and replacement of street signs to match Eddy Street
Commons, while meeting Federal Manual on Uniform Traffic Control Devices (MUTCD) standards.
It is estimated that a 75 foot R/W section may be required in order to accommodate the requested improvements
while maintaining the current roadway width. Therefore, R/W acquisition is anticipated. It is desired that the
roadway to have no parking and therefore be designated as four travel lanes.
SCOPE OF BASIC SERVICES
This Project involves performing a Conceptual Study addressing streetscape and other improvements to the Eddy
Street right of way (R /W) including an evaluation of potential Project costs. Study limits will be based on
desirable 75 foot R/W width plus affected properties within the limits described above.
Kick -off Meeting.
2. The Study area is within State of Indiana R/W and will require coordination with INDOT.
a. Contact INDOT concerning their future plans for roadway (Eddy Street) improvements.
2211 Fast Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471
With Offices Throughout The Midwest
wwww,dlz.com
F.N(iI \Ft:RS DLZ FC
Pi.AN\ERS • SIR\TYoRS
October 19, 2011
RE: Eddy Street Corridor, Conceptual Streetscape Study
Page 2
3. Verify the existing number of travel lanes and widths, and if this is adequate for potential expansion to a four -
lane configuration.
4. Determine if 75 foot R/W is adequate or if additional R/W will be required.
5. Provide two (2) preliminary plan alternatives illustrated with cross- sections (one option with minimum
improvements / least cost) (10 copies) to NNRO.
6. Meet with representatives of the NNRO and the Department of Community & Economic Development to
review Items 1 — 5 (meeting No. 2).
7. Revise two (2) plan alternatives and cross - sections as necessary to reflect input from the above review
meeting.
8. Suggest potential project phasing.
9. Provide "order of magnitude" opinion of probable construction cost for each of the two alternatives.
10. Provide identification of impacted parcels and an opinion of land and improvements acquisition costs. Note:
this item is limited to planning level data; actual appraisals will not be completed.
11. Include a separate opinion of probable construction cost including street repaving (assuming an overlay),
restriping and drainage improvements.
12. Submit draft letter report of the Conceptual Study for review (10 copies) to NNRO.
13. Meet with representatives of the NNRO and the Department of Community & Economic Development to
review items 7 - 12 (meeting No. 3).
14. Incorporate comments and further input from the review meeting. Finalize the Conceptual Study.
15. Submit final Conceptual Study copies (/0 copies) and one electronic file to NNRO.
SCHEDULE OF SERVICES
For those services described herein, DLZ is prepared to commence immediately upon receipt of a signed letter
agreement and Notice to Proceed. We anticipate four (4) weeks starting from the date of the Kick -off Meeting to
complete Task. items 1 -5 (Preliminary Plan).
Upon completion of the Preliminary Plan Stage, receipt of further NNRO input and authorization to proceed, we
anticipate four (4) weeks to complete Items 7 -12 (Draft. Letter Report).
Upon completion of the Draft Letter Report review meeting, receipt of further NNRO input and authorization to
proceed, we anticipate two (2) weeks to complete Items 14 and 15 (Final Study) and submit final deliverables.
A -; ; "DLZ
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E\GINkFRS • ARC I It I'F( I'S • ,SCII \'I IS "I S
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October 19, 2011
RE: Eddy Street Corridor, Conceptual Streetscape Study
Page 3
COMPENSATION
In consideration for the above outlined tasks DLZ will be compensated on a lump sum basis in the amount of
$28,500.00. Our compensation is in accordance with the below breakdown:
Preliminary Plan - Task Items 1 -6...
Draft Letter Report — Task Items 7 -13 ...
Final Study — Task Items 14 and 15
.............$10,000.00
.............$14,400.0
. ......................$3,900.00
ProjectExpenses ............................................................. ............................... ........................$200.00
TOTAL.. LUMP SUM FEE ......................................... ............................... .....................$28,500.00
Fees will be invoiced monthly based upon actual work performed to date. Reimbursable expenses are in addition
to the Project Expenses stated in the Scope of Basic Services and include, but are not limited to, mileage outside
of the South Bend area, document printing (beyond stated quantity of reports) and reproduction of graphic
illustrations, copying, and postage. Reimbursable expenses are as needed and with advance authorization. They
are payable at a multiple of 1.2 times actual expenses billed to DLZ.
ADDITIONAL SERVICES
The scope of work beyond basic services established herein shall be considered "Additional Services ".
Compensation for such work as requested or required may be provided as negotiated or compensated on an hourly
rate basis in accordance with the attached "Standard Fee Structure" (Attachment A). DLZ. will not proceed with
"Additional Services" without prior written authorization from the Northeast Neighborhood Revitalization
Organization.
1. Public input/community meetings or additional board meetings to those stated herein,
2. Graphics such as perspective sketches or plan renderings in addition to those stated herein.
3. Preliminary engineering or traffic studies,
4. Development of design or construction documents.
5. Topographic or property /plat survey.
6, Title research.
7. Relocation planning services.
8. Coordination with agencies other than those identified herein.
9. Utility coordination.
— :!
(?NU \FERN • ,\RCHITECTS • SCIFN "1'ISF-
PL:INNIRS • StR\ FYORS
October 19, 2011
RE: Eddy Street Corridor, Conceptual Streetscape Study
Page 4
STANDARD TERMS AND CONDITIONS
The "Standard Terms and Conditions" (Attachment B) are incorporated here into and made part of this agreement.
The Client referred to in the "Standard Terms and Conditions" is the Northeast Neighborhood Revitalization
Organization (NNRO).
DLZ appreciates the opportunity to be involved in projects in our South Bend community and we look forward to
working with the NNRO. Please do not hesitate to contact us should there be questions.
Very truly yours,
DLZ INDIANA, LLC
y K. Osk, P.F..
Vice President
ATTEST:
Craig P. Hudson, RLA, ASLA
DivVscape on Manager
Lan Architecture & Planning
NORTHEAST NEIGHBORHOOD
REVITALIZATION ORGANIZATION (NNRO)
NNRO Member
ATTEST:
r'
NNRO M -ber
Attachments: As Noted
cc / BLG, JCZ, LJ, ACL, BMS, SW, QA, TJ, JKH, AMB, file
MA\ProposalsL01 I \61 10 - LA Planning \NNRO_Northeast Neighborhood Revitalization Org\Eddy St Corridor
Street scape \Agreetnent_R F V ISED \Agreement revised_ 10191 l .docx
ATTACHMENT A
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEERING /ARCHITECTURAL
2411
Activity
Code
Em to ee Classi , cation
2011
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
330
Electrical Engineering Specialist
$150.00
53/58
Engineer III/Architect III/Landscape Architect III/
Planner IIUScientist III/Geologist III
$125.00
52/57
Engineer II/Architect II/Landscape Architect I1/
Planner II/Designer IIUScientist II/Geologist 11
$115.00
51/56
Engineer I/Architect I/Landscape Architect 1/
Planner I/ Designer IUScientist UGeolo ist I
$90.00
28
Designer I
$75.00
29
Technician
$65.00
147
Construction Administrator
$105.00
152
Construction Observer
$85.00
43
Clerical
$50.00
Reimbursable ' enses
Crew Classi tcation
201'1
Hourly Rate
143/99/99
3 — person Survey Crew
$185.00
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 Survex Technician
$55.00
Reimbursable ' enses
Rate
Mileage
$0.445/mile
Travel Expenses
@ Cost
Living Expenses
@ Cost
Reproduction
Cost plus 20%
Subconsultants
Cost plus 20%
Equipment Rental
Cos[ plus 20%
Rates are subject to revision on January 1, 2011
Cost of living/inflation increases of 3 to 7%n per annurn can be anticipated.
S:\ rkpilAdmmistration \ClericaKRA'rESLOI l Hourly Raies.doc
EXHIBIT (ATTACHMENT Ell
DLZ'S STANDARD TERMS AND CONDITIONS
1. INVOICE AND PAYMENT PROCEDURES: DLZ shall
submit invoices, once a month, at a minimum, to the CLIENT for Services
accomplished during each calendar month.
The CLIENT hereby agrees that payment will be made for DLZ's Services
within 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
attorney's fees, regardless of whether legal action is initiated. The
CLIENT hereby acknowledges that unpaid invoices shall accrue interest at
18 percent per annum after they have been outstanding for over thirty (30)
days. If an invoice remains unpaid sixty (60) days after the date of the
invoice, DLZ may, upon giving seven (7) days written notice of its intent
to do so, suspend all Services on the CLIENT'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 CLIENT to be in breach of this Agreement and pursue its remedies
for collection.
2. CONSTRUCTION SERVICES: Construction Phase Services
are not intended to include exhaustive detailed inspections of contractor
work but site observations to become generally familiar with and to keep
CLIENT informed about the progress and quality of work. The Contractor
is solely responsible for its compliance or noncompliance with the
Contract Documents. 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 contractor means, methods,
techniques, sequences, or procedures; or for safety precautions and
programs in connection with the Work. Nor shall DLZ be responsible for
the Contractor's failure to carry out the Work in accordance with the
Contract Documents or for Contractor's failure to comply with applicable
laws, ordinances, rules or regulations. Under no circumstances will DLZ
have any direct contractual relationship with the Construction Manager,
Contractor, any subcontractors, material suppliers or other consultants
unless DLZ and the CLIENT expressly agree otherwise in writing.
CLIENT agrees that DLZ will perform on -site construction observation for
this project and that such services will not be performed by others.
3. SUBSURFACE INVESTIGATION: DLZ makes no
representations concerning soil conditions unless specifically included in
writing in this Agreement, and DLZ is not responsible for any liability that
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, due to a change in
applicable laws or a change in the requirements or policies of a
governmental agency after the date of this Agreement, additional office or
field work is required, said additional work shall be paid for by CLIENT
as extra work.
5. SURVEY STAKING: In the event that any survey staking is
disturbed by an act of God or parties other than DLZ, the cost of restaking
shall be paid for by CLIENT as extra work.
6. MISCELLANEOUS EXPENSES: The CLIENT shall pay the
costs of checking and inspection fees, zoning and annexation application
fees, assessment fees, soils engineering fees, soils testing fees, aerial
topography fees, and all other fees, permits, bond premiums, title company
charges, blueprints and reproductions, and all other charges 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
CLIENT. DLZ will promptly notify CLIENT of any perceived changes of
scope in writing and the parties shall negotiate modifications to this
Agreement before commencement of any 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 responsibility for general job site safety and safety of persons
other than DLZ employees.
9. REUSE OF PROJECT DELIVERABLES: Reuse of any
documents or other deliverables, including electronic media, pertaining to
the Project by CLIENT for any purpose other than that for which such
documents or deliverable were originally prepared, or alternation of such
documents or deliverables without written verification or adaption by DLZ
for the specific purpose intended, shall be at CLIENT's sole risk.
10. OPINIONS OF CONSTRUCTION COST: Any opinion of
construction costs prepared by DLZ is supplied for the general guidance of
the CLIENT only. Since DLZ has no control over competitive bidding or
market conditions, DLZ cannot guarantee the accuracy of such opinions as
compared to contract bids or actual cost to CLIENT.
11. INSURANCE: DLZ will maintain insurance coverage for
Professional, Comprehensive General, Automobile, Worker's
Compensation and Employer's Liability in amounts in accordance with all
legal requirements and DLZ business requirements. Certificates
evidencing such coverage will be provided to CLIENT upon request. For
projects involving construction, CLIENT agrees to require its construction
contractor, if any, to include DLZ as an additional insured on its policies
relating to the Project. DLZ coverage referenced above shall, in such case,
be excess over contractor's primary coverage.
12. INDEMNITY: To the fullest extent permitted by law, DLZ shall
indemnify and save harmless CLIENT from and against liability and
damages sustained by CLIENT, its employees, and representatives by
reason of injury or death to persons or damage to tangible property to the
proportionate extent caused directly by the negligence of DLZ or its
employees.
13. LIMITATION OF LIABILITY: No employee of DLZ, its
parent, subsidiary or affiliate companies, shall have individual liability to
CLIENT. CLIENT agrees that, to the fullest extent permitted by law,
DLZ's total liability to CLIENT for any and all 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,
DLZ's negligence, error, omissions, strict liability, or breach of contract
shall not exceed the total compensation received by DLZ under this
Agreement. If CLIENT desires a limit of liability greater than provided
above, CLIENT and DLZ shall include in the Agreement the amount of
such limit and the additional compensation to be paid to DLZ for
assumption of such risk.
14. PREVAILING PARTY LITIGATION COSTS: In the event
any actions are brought to enforce this Agreement, the prevailing party
shall be entitled to collect its litigation costs from the other party. Any
litigation shall be governed by the laws of the state in which the Project is
located.
15. AUTHORITY: The persons signing this Agreement warrant that
they have the authority to sign as, or on behalf of, 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.
17. SCHEDULE: DLZ shall not be responsible for the Contractor's
schedule or failure to carry out the Work in accordance with the Contract
documents. DLZ shall not have control over or charge of acts or
omissions of the Contractor, Subcontractors, or their agents or employees,
or any other persons performing portions of the Work.
18. SHOP DRAWINGS: Review of such submittals is not
conducted for the purpose of determining the accuracy of completeness of
other details such as dimensions and quantities, or for substantiating and/or
coordinating instructions for installation or performance of equipment of
systems with other contract disciplines, all of which remain the
responsibility of the Contractor as required by the Contract. DLZ's review
shall not constitute approval of safety precautions or, of any construction
means, methods, techniques, sequences or procedures. DLZ's approval of
a specific item shall not indicate approval of an assembly of which the
item is a component.
Revised March 2011 KU'ruposals \2011 \6110. LA Flanning\NNRn Nonheast Neighborhood Revitalization Qrg\Fddy Si Corridor Streeiscape \Agreemenl_RF.VISFM%tandard Terms and Conlii ns - Revised.docx