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HomeMy WebLinkAboutNo. 2933 approving/authorizing the execution of an addendum to the Master Agency Agreement (Memorial Hospital Streetscape Improvements Project, Bid 3 & 4)RESOLUTION NO. 2933 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Memorial Hospital Streetscape Improvements Project, Bid Packages 3 & 4) 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 Memorial Hospital Streetscape Improvements Project, Bid Packages 3 & 4 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 Memorial Hospital Streetscape Improvements Project, Bid Packages 3 & 4 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. 14 Section 3. Commission 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 August 23, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPME .14 n Marcia I. Jo s President South Bend Redevelopment Commission AT . Varner, Vice President 3 South Bend Redevelopment Commission 14 AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT Memorial Hospital Streetscape Improvements Project - Bid Packages 3 and 4 This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 23rd day of August, 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 Memorial Hospital Streetscape Improvements Project - Bid Packages 3 and 4 (the "Project ") LVII 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 Michigan Street S -Curve Removal Project to the Master Agency Agreement by way of an Addendum on April 26, 2010; and WHEREAS, the Addendum was previously amended by both the BPW and the ILCommission; and WHEREAS, the Commission and the BPW desire to further amend the Addendum by way of this Amendment, adding Bid Packages 3 and 4. 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 now amended as described in "Supplemental Agreement No. 2" 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) OR G ATTEST: South Bend Redevelopment Commission 14 ATTEST: Linda Martin, Clerk 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 Ln F.xhihit "A" Memorial Hospital Streetscape Improvements Project - Bid Packages 3 and 4 See attached Supplemental Agreement No. 2 from DLZ Indiana, LLC dated July 21, 2011 o DLZ ENGINEERS - ARCHITECTS - SCIENTISTS PLANNERS - SURVEYORS July 21, 2011 Mr. Gary A. Gilot, P.E. Director of Public Works City of South Bend County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Re: Supplemental Agreement No. 2 Michigan Street, S -Curve Removal DLZ Account No. 0761- 2689 -90 Dear Mr. Gilot: Please find enclosed three copies of Supplemental Agreement No. 2 for the above - mentioned project. Based on the coordination with the City and Memorial Hospital, we are requesting the following revisions to the Agreement: 1.. Items as described in the agreement and shown in Figure 2. 2. Exhibit 2 showing 2011 rates. We hope that this Supplemental Agreement meets with your approval and acceptance. We will be happy to meet with you at your convenience to discuss the Supplemental Agreement in detail. DLZ appreciates this opportunity to provide continued service to the City of South Bend on this important project. Very truly yours, DL UNA, LLC Gary . F A , P.E. Vice President cc: Mr. Carl P. Littrell, P.E. — City Engineer, City of South Bend Mr. Rob Nichols — City of South Bend JCZ, BLG, BMS, QA, File CM:I PROA0761 12689\docslagreement\SA#21SA #2 uwsmittal.doc 2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471 With Offices Throughout The Midwest www.dlz.com SUPPLEMENTAL AGREEMENT NO. 2 This Supplemental Agreement No. 2 is made and entered into this day of , 2011, by and between the CITY OF SOUTH BEND, INDIANA, acting by and through the BOARD OF PUBLIC WORKS, hereinafter referred to as the "OWNER ", and DLZ INDIANA, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana 46615, hereinafter referred to as the "ENGINEER ". WHEREAS, the OWNER and ENGINEER did, on July 23, 2007 enter into an agreement for preparation of construction documents for certain street improvements along Michigan Street, Madison Street, Marion Street, Lafayette Street and Main Street, WHEREAS, the OWNER did, on April 12, 2010, enter into a Supplemental Agreement No. 1 for the improvements along Michigan Street, Madison Street, Navarre Street, Bartlett Street, Lafayette Street and a consolidated parking lot bounded by Michigan, Main, Madison and LaSalle Streets. WHEREAS, the OWNER has requested certain additional services and changes not included in the original contract or supplemental agreement, specifically the design of a consolidated parking lot bounded by Michigan, St. Joseph, Marion and Navarre Streets (Area 1), the design of a consolidated parking lot, Gateway Lot, bounded by Michigan, Main, Marion and Madison Streets (Area 2), and the design of a new entrance into the Memorial Hospital (Memorial Drive) and reconfiguration of the parking lot bounded by Michigan, Main, Bartlett Streets and Park Lane (Area 3). NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above referenced Design Contract as follows: Add Sections A.18 -A.21 to Appendix "A" as follows: 18. Recover and re- establish horizontal and vertical control for the three sites, tying into neighboring Memorial Hospital projects. 19. Complete topographic survey for the parking lot located on the block encompassed by the following streets: Marion, Michigan, Navarre and St. Joseph. Topographic mapping will be from edge of lot to edge of lot on all sides, including all access drives to surrounding streets. Total area of this site is 2 acres (Area 1) (Figure 3). 20. Complete topographic survey for the parking lot located on the block encompassed by the following streets: Madison, Main and Michigan, including only those tracts owned by Memorial Hospital and the alleys. Topographic mapping will be from the edge of pavement surrounding the Memorial Hospital tracts to 30' toward the interior of the block and also all of the north -south alley. Total mapping area of this site is 0.6 acres (Area 2) (Figure 4). 1 of 11 Supplemental Agreement No. 2 21. Topographic survey pickup for the parking lot located on the block encompassed by the following streets: Bartlett, Michigan, Park and the north -south access alley (Main Street). The existing topographic mapping obtained between 2004 and 2091 will be field checked for updates. All revisions and additional areas will be field located and added to the existing map. Total mapping area of this site is approximately 7 acres (Area 3) (Figure 5). Section O of Appendix "A" is modified as follows: O. The ENGINEER shall identify areas where land acquisition would be required to construct the project. If requested by the OWNER, the ENGINEER shall obtain title abstracting and shall prepare plats and legal descriptions for up to 4-9 4 parcels. III. Add Section T to Appendix "A" as follows: T. The ENGINEER shall prepare construction plans for the items described below (Bid Packages 3 & 4) (see Figures 2, 3, 4 and 5). The Bid Package 3 shall consist of converting the block bounded by Michigan, St. Joseph, Marion and Navarre Streets into a consolidated parking lot (Area 1). Also, included in Bid Package 3 is conversion of the block bounded by Michigan, Main, Marion and Madison Streets into a consolidated parking lot, Gateway Lot (Area 2). Bid Package 3 shall comprise of the following items: 1. The ENGINEER shall design a consolidated parking lot, with a permanent access easement, combining all of Michigan -St Joseph - Marion- Navarre block (Area 1). The parking lot will not include the residential property located in the southwest corner of St. Joseph and Navarre Streets, LaPetite Academy and the residential property located in the northwest corner of St. Joseph and Marion Streets. The overhead power and telephone lines and will be checked for a feasibility to relocate underground (by others), if needed. The parking lot will be a surface parking lot with no gate system. All the elements will be brought in conformance with OWNER's ordinance - ADA, green space, lighting, drainage, etc. The OWNER also desires green design to accommodate stormwater on site, with no increase in load to the existing storm sewer system. Lighting for this parking lot should be similar to Sternberg fixtures that were provided for Bid Package 2. The total area of this improvement is approximately 2 acres (Figure 3). 2. The ENGINEER shall design a consolidated parking lot, Gateway Lot with a permanent access easement, combining all of Michigan -Main- Marion- Madison block (Area 2), except for the apartment complex located in the northeast corner of Main and Madison Streets and an 2 of 11 Supplemental Agreement No. 2 Eye Center located in the northwest comer of Michigan and Madison Streets. If needed, the existing alley may be vacated. The overhead power and telephone lines and will be checked for a feasibility to relocate underground (by others), if needed. The parking lot will be a surface parking lot with no gate system. All the elements will be brought in conformance with OWNER's ordinance ADA, green space, lighting, drainage, etc. The OWNER also desires green design to accommodate stormwater on site, with no increase in load to the existing storm sewer system. Lighting for this parking lot should be similar to Sternberg fixtures that were provided for Bid Package 2. The total area of this improvement is approximately 2 acres (Figure 4) Bid Package 4 shall comprise of the following item: 3. The ENGINEER shall design a new entrance (public right of way) into the Memorial Hospital (Memorial Drive) and reconfiguration of the parking lot bounded by Michigan, Main, Bartlett Streets and Park Lane (Area 3). The design improvements shall include the roadway improvements shown as part of City Project No. 103 -074 for Michigan Street, Bartlett Street, Park Lane. An update to the traffic signal warrant analysis and the design of a new traffic signal at the intersection of Michigan Street and Memorial Drive is also included. The reconfigured parking lot will be a surface parking lot with no gate system. All the elements will be brought in conformance with Oi MER's ordinance - ADA, green space, lighting, drainage, etc. Lighting for this reconfigured parking lot should be similar to Sternberg fixtures that were provided for Bid Package 2. The total area of this improvement is approximately 7 acres (Figure 5). The improvements for Bid Package 4 are subject to INDOT review and approval. IV. Add Section U to Appendix "A" as follows: U. The ENGINEER may engage a sub - consultant to perform subsurface utility engineering only if directed to do so in writing by the OWNER. 1. All aspects of the Subsurface Utility Engineering (SUE) performed under this project will be in accordance with ASCE Standard 38 -02 "Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" and industry standards as of the notice to proceed date. 2. SUE will be performed to a Quality Level "A & B ". 3. SUE work for this project will be divided into two separate areas of work, which is defined as follows: 3of11 Supplemental Agreement No. 2 a. Utility Designating for the following areas of underground utilities. L Area 1 - Hard surfaced area, up to the curb line, bordered by Navarre Street to the north, Marion Street to the south, Michigan street to the west and the east edge of the parking lot on the east side as depicted in Figure 3. The surrounding roadways are not included in the investigation area. ii. Area 2 - Hard surfaced area, up to the curb line, bordered by Main Street to the west and north, Michigan Street to the east and the building and alley limits to the south as identified in Figure 4, the surrounding roadways are not included in the investigation area. iii. Area 3 - Hard surfaced area bordered by Park Lane to the north, Bartlett Street to the south, Main Street to the west and Michigan Street to the ease as depicted in Figure 5. Investigation will include the roadways identified above up to the opposite curb line. iv. Utility designating shall include locating underground gas, water, electric, telephone, Fiber optic cable, cable TV and sanitary sewer consisting of force main only. V. Surface geophysical methods will be utilized to interpret the possible presence of underground utilities and then employ electromagnetic equipment to detect the selected utilities. The sub - consultant will attempt to field locate and mark -out buried, "toneab /e" utilities. Tonable is defined as any utility capable of carrying an electromagnetic signal. Using the aforementioned technology, the sub - consultant will provide paint markings or flags to show the approximate horizontal position of the desired utilities. Vi. Ground Penetrating Radar (GPR) will be used in an attempt to locate any non - metallic (nontoneable) utilities that may be present. GPR is a wave -based form of geophysical investigation in which an electromagnetic wave, launched by a transmitting antenna element, is propagated downward into the ground. A portion of the wave energy is reflected off of subsurface features differing in electrical properties from the surrounding material. The reflected radar energy is detected back at the surface by a receiving antenna and converted to electrical signals, which correspond to minor changes in the voltage. The signals are sent to the control display unit, amplified and a realtimetwo- dimensional depth profile is constructed. The depth profile is analyzed in the Field and features such as subsurface 4of11 Supplemental Agreement No. 2 utilities, pipes, voids, or other obstructions can be interpreted and potentially located in the Field. vii. It should be noted that overall quality and vertical penetration of GPR data is entirely dependent on the composition of subsurface materials. Highly electrically conductive materials typically serve to attenuate the electromagnetic radar energy and not allow for significant depth penetration. Therefore, while due care will be exercised in the acquisition and interpretation of GPR measurements, no warranties or guarantees can be offered with respect to existing subsurface conditions. viii. Once the field information is completed and checked by the field crew supervisor, the SUE Field Supervisor will perform a quality control (QC) check of the project by cross checking the to verify that the all designating is complete. b. AirNacuum Subsurface Utility Locating for up to 30 test holes. i. Call the appropriate Indiana "One- Call" prior to digging any test holes. ii. Excavate test hole to expose the selected utility at a specific point indicated by DLZ. W. Excavate test hole by vacuum excavation or hand digging in order to prevent damage to wrappings, coatings, or other protective coverings. iv. Minimum excavation assumed to be 8 "x 8" (64 square inches). V. Follow ASCE Standards for Collection and Depiction of Existing Subsurface Utility Data: • The horizontal and vertical location of the top of the utility referenced to the project survey datum. • The elevation of the existing grade over the utility at a test hole referenced to the project survey datum. • The outside diameter of the utility and configuration of non - encased, multi- conduit systems. • Type of utility (e.g., fiber optic, gas, water, sewer, telephone, etc.). • The utility structure's material composition, when reasonably ascertainable. • The paving thickness and type, where applicable. • An above ground marker (i.e., PK nail or 518" capped rebar) will be placed above the centerline of the utility; to be used for horizontal and vertical reference information. 5of11 Supplemental Agreement No. 2 • Such other pertinent information as is reasonably ascertainable from each hole site. vi. Back fill and compact test holes in 6" lifts with excavated material. vii. Restore all locate holes to the condition they were in before, or better. Replace asphalt/concrete with equal or greater thickness as needed to repair roadway. viii. Provide reference points for surveyor. ix. Provide cleanup of work site to equal or better condition before excavation. V. Add Section V to Appendix "A" as follows: V. The ENGINEER shall prepare a right of way dedication plat to dedicate all proposed public right -of -way to the OWNER within the project area. Legal descriptions will be prepared for each contiguous parcel of land that is generally bounded by platted streets, alleys or subdivision plats. The ENGINEER shall prepare the dedication plat in accordance with requirements of the County Recorder's Office. Preparation of the dedication plat will not begin prior to approval of the Preliminary Field Check Plans, unless directed by the OWNER and Memorial Hospital. T&E TITLE WORK VI. Add Section W to Appendix "A" as follows: 1. For Bid Packages 3 and 4, items described in Section T, the ENGINEER shall prepare (1) one set of Preliminary Field Check (PFC) plans (65%) and a preliminary statement of probable construction cost for the OWNER'S review and comment. Upon review and approval of the PFC plans, the ENGINEER shall prepare Final Plans and a revised Statement of Probable Construction Cost The Final Plans shall include all construction details, show all impacts including access provisions to adjacent properties, show rights of way required for construction of the project and include any maintenance of traffic provisions necessary for the roads at all ends of the project. The statement of probable construction cost for construction and shall include all items of work required for the complete construction of the work, including all temporary work necessary in connection therewith, but shall not include the cost of such items of work for which the OWNER, through its own forces or through other party or parties will prepare detail plans. After approval of the Final Plans, the ENGINEER shall prepare Final Tracings. 6of11 Supplemental Agreement No. 2 VII. Add Section E to Appendix "C" as follows: E. Bid Package 3 Field Survey complete within 21 days and Bid Package 4 Field Survey complete within 75 days after receipt of notice to proceed for both Bid Packages 3 and 4. VIII. Add Section F to Appendix "C" as follows: F. Bid Package 3 1. Preliminary Plans within 45 calendar days after completion of Field Survey. 2. Final Plans within 30 calendar days after approval of Preliminary Plans, includes 7 calendar days of OWNER review time. 7 of 11 Supplemental Agreement No. 2 2. The ENGINEER shall prepare and submit the application and back -up documentation for the following permits, as required. a. Rule 5 - Erosion Control. i. Prepare a Notice of Intent Letter ii, Prepare a Project Location Map iii. Prepare Plan and Profile Sheets and Erosion Control Plans to show existing vegetation, drainage patterns, adjacent land use, storm water discharge locations, ultimate receiving waters, the proposed storm water system, construction details of outlet protection below the storm water outlets and watercourses on and adjacent to the project site. iv. The erosion control plan will show the location, dimensions and construction details for the initial perimeter protection. The plan shall also show the location, dimensions and construction details of all Temporary Erosion Control Measures. V. Provide a plan showing the location, dimensions, and construction details of all Permanent Erosion Control Measures. vi. Provide the specifications and Details for proposed Storm Inlet Protection, Stable construction entrances and erosion and sediment control on individual lots, as required. vii. Provide maps showing the Floodplains, Floodways, and Floodway Fringes. viii. Determine soil types within the project area. ix. Provide a schedule when disturbed areas will be stabilized and specifications for permanent seeding. X. Delineate the disturbed and preserved areas and proposed locations of soil stockpiles and borrow areas. xi. Complete permit application form. VII. Add Section E to Appendix "C" as follows: E. Bid Package 3 Field Survey complete within 21 days and Bid Package 4 Field Survey complete within 75 days after receipt of notice to proceed for both Bid Packages 3 and 4. VIII. Add Section F to Appendix "C" as follows: F. Bid Package 3 1. Preliminary Plans within 45 calendar days after completion of Field Survey. 2. Final Plans within 30 calendar days after approval of Preliminary Plans, includes 7 calendar days of OWNER review time. 7 of 11 Supplemental Agreement No. 2 3. Final Tracings within 15 calendar days after approval of Final Plans, includes 7 calendar days of OWNER review time. 4. The anticipated letting date for Bid Package 3 is December 13, 2011. IX. Add Section G to Appendix "C" as follows: G. Bid Package 4 1. Preliminary Plans within 120 calendar days after NTP. 2. Final Plans within 45 calendar days after approval of Preliminary Plans, includes 7 calendar days of OWNER review time. 3. Final Tracings within 30 calendar days after approval of Final Plans, includes 7 calendar days of OWNER review time. 4. The anticipated letting date for Bid Package 4 is February 28, 2012. X. Section A.1 of Appendix "D" is modified as follows: 1. The ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed of $4550:08 $777,450.00, unless a modification of the agreement is approved in writing by the OWNER. XI. Section A.2 of Appendix "D" is modified as follows: 44�- 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: (The remainder of this page intentionally left blank) 8of11 Supplemental Agreement No. 2 G N 14 9of11 Supplemental Agreement No. 2 Description Original SA # 1 SA # 2 New Total Amount a. Field Survey (including Route Surve Plat $73,000.00 $10,000.00 $18,700.00 $101,700.00 b 1. Preliminary Roadway Design and Plans 20% Complete) $82,000.00 - $28,700.00 $0.00 $53,300.00 b 2. Bid Package 1 $0.00 $202,000.00 $0.00 $202,000.00 C. Maintenance of Traffic Concepts $8,000.00 - $4,000.00 $0.00 $4,000.00 d. Public Information Meeting, Hourly Rate, as required $6,000.00 $0.00 $0.00 $6,000.00 e. Conceptual Traffic Signal Design $20,500.00 - $8,200.00 $0.00 $12,300.00 f. Utility Coordination, Hourly Rate, as required $8,000.00 $2,000.00 $5,000.00 $15,000.00 g. Coordination with Memorial Hospital and INDOT, Hourly Rate, as required $10,000.00 $2,500.00 $2,500.00 $15,000.00 h. R/W Engineering (4 Parcels @$2,700 per Parcel), if required $27,000.00 - $10,800.00 .- $5,400.00 $10,800.00 i. Title Abstracting (4 Parcels @ $325 per Parcel), if re uired* $3,250.00 - $1,300.00 0.00 $1,950.00 Geotechnical Evaluation $7,500.00 $0.00 $15,000.00 $22,500.00 k. Bid Package 2 $0.00 $48,000.00 $0.00 $48,000.00 1. Bid Package 3 $0.00 $0.00 $130,000.00 $130,000.00 M. Bid Package 4 $0.00 $0.00 $90,000.00 $90,000.00 n 1. Subsurface Utility Engineering SUE Area 1 $0.00 $0.00 $11,360.00 $11,360.00 n 2. Subsurface Utility Engineering SUE Area 2 $0.00 $0.00 $11,360.00 $11,360.00 n 3. Subsurface Utility Engineering SUE Area 3 $0.00 $0.00 $24,180.00 $24,180.00 o. Right of Way Dedication Plat $0.00 $0.00 $10,000.00 $10,000.00 p. Bid Phase, Pre Construction Meeting and Construction Phase Office Services, Hourly Rate, as required $0.001 $0.00 1 $8,000.00 1 $8,000.00 $245,250.00 $211,500-001 $320,700.001 $777,450.00 9of11 Supplemental Agreement No. 2 XII. Amendment: This contract amendment increases the current contract fee of $456,750.00 by $320,700.00 to $777,450.00. All other terms and conditions as set forth in the original contract dated July 23, 2007 and Supplemental Agreement No. 1 dated April 12, 2010 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 2. ENGINEER: DLZ INDIANA, LLC 2 it L. laz P . P ent ATTEST: ( D" /,—I-"o K. 1hisk, PIE. Vice President L OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS BY: /'k Gary A. Gilot, P.E. By: Carl P. Littrell By: Donald E. Inks ATTEST: Approved as to Legality and Form: Attorney for City of South Bend 10 of 11 Supplemental Agreement No. 2 r G ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Brian L. Glaze, President and Gary K. Fisk, Vice President of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and eac Icknowledged the execution of the foregoing agreement on this /s day of / , 2011 and each acknowledged and stated that he is the party authoriz d 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, Mary 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 , 2011. Witness my hand and seal the said last named date. My Commission Expires: Notary Public County of Residence: M: \PROJ \0761\2689\docs \agreement \SA #2\Supplemental Agreement 2.DOC 11 of 11 Supplemental Agreement No. 2 PIM LIM C� EXHIBIT 2 DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2011 Activity Code Employee Classi ka&n 2011 Hourly Rate I 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 I11/ Planner III /Scientist III/Geologist III $125.00 52/57 Engineer II /Architect II/Landscape Architect II/ Planner II/Designer III /Scientist I]/Geologist II $115.00 51/56 Engineer 1 /Architect I /Landscape Architect I/ Planner I/ Designer II /Scientist I /Geolo ist I $90.00 28 Designer I $75.00 29 Technician $65.00 147 Construction Administrator $105.00 152 1 Construction Observer $85.00 43 1 Clerical $50.00 Reimbursable Eipenses Oew Classi reatien 2011 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 l — person Field Crew $100.00 63 1 — person Field Crew (over time) $140.00 GPS l — person GPS /RTK Field Crew $160.00 13 Field Survey Technician $55.00 Reimbursable Eipenses Rate Mileage $0.51 /mile Travel Expenses Cost living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% Rates are subject to revision on January 1, 2012. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. Nf: TROJ' 07612689Woes4greemem`SA42,2011 Houd) Raw... Updaled 2 I ]Ad 49 to El i YAO : %... Rk lop% L�i i- d `� +' � `f - ,.. TT" ' & . - ;.�w,«� °ice §�»� .. * � C : (.� .. r •. '. .. �,wa - ..:. ";,ltlfi�. ",. a::�5 { y " � z � a Q i Mwv: I, ♦ ♦ #» -Y$ — "� Ek r 2, f � � '' Iw, r .x ♦ y #. y w .. -i b ICA f!�Af T` &71§r 4q NAVARRE ST- MARION ST 'o O cn m O rig,, "mr AREA # 2 NEW CONSOLIDATED PARKING LOT WITH ALL THE HARD SURFACE AREA (THERE ARE UTILITIES LOCATED IN THE ALLEY NORTH OF MADISON STREET, THEY ARE COMING FROM THE SOUTH SIDE). LIMITS INCLUDE TO CURBLINES ONLY ALONG SURROUNDING ROADWAYS. FIGURE 4 C� G C+J AREA # 3 NEW ROAD AND RECONFIGURED PARKING LOT WITH ALL THE HARD SURFACE AREA. LIMITS INCLUDE THE BORDERING ROADWAYS TO THE OPPOSITE CURBLINE AS SHOWN ABOVE. FIGURE 5