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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: Redevelopment Commission Board of Public Works
From: Bill Schalliol, ADED
Subject: Resolution 3024 and Amendment to the Addendum To Master Agency
Agreement
Olive Road Right -Of -Way Acquisition - Supplement #1
Date: April 19, 2012
Attached to this memorandum is Resolution 3024 and Amendment to the Addendum To Master
Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #1.
For the last several years, the City of South Bend has been working with DLZ on design and plans for
the remaining section of Olive Road improvements between Lincoln Way West /US 20 and Nimtz
Parkway. The roadway plans are at about 95% completion and we are finalizing the acquisition of
the necessary right -of -way for this section of improved roadway. This Supplement #1 specifically
deals with Professional Service work necessary to the design and bidding of site improvements on
the Olive Road Basin which is part of the roadway construction project related to the future Olive
Road improvements.
The City is preparing to bid and construct improvements to the pond as the work is part of the
acquisition agreement reached between the City's Board of Public works and the Michiana
Lutheran Education Association (MLEA) for the acquisition of right -of -way property at the southeast
corner of Nimtz and Olive. The improvements contemplated by the work need to be done during
the summer session so as not to disrupt the education activities at the school during the school
year. Supplement #1 deals only with the design and bidding work necessary for this project and
Supplement #2 will set up a budget for the construction work to be done on site.
Staff requests approval of Resolution 3024 and the Amendment to the Addendum To Master
Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #1.
What We Do Today Makes A Difference!
RESOLUTION NO. 3024
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Olive Road Right -Of -Way Acquisition - Supplement #1)
WHEREAS, effective January 1, 2012, 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 2012; and
WHEREAS, effective January 1, 2012, 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 Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of
an Addendum on February 19, 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 (Olive Road Right -Of -Way Acquisition -
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
April 24, 2012, 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
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Olive Road Right -Of -Way Acquisition - Supplement #1)
3024 -11
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 8th day of May, 2012, by and between
the South Bend Department of Redevelopment, acting by and through its Redevelopment
Commission (the "Commission ") and the City of South Bend, Indiana, a municipal
corporation duly organized and existing pursuant to the laws of the State of Indiana,
acting by and through its Board of Public Works (the "BPW ") for purposes of the
Commission designating the BPW to act as the Commission's agent to undertake the
Olive Road Right -Of -Way Acquisition - Supplement #1 (the "Project ")
WHEREAS, effective January 1, 2012, 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 2012; and
WHEREAS, effective January 1, 2012, 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 Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of
an Addendum on February 19, 2010
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
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 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)
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
Don Inks, Member
Kathryn Roos, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION
See attached Acquisition Information prepared by DLZ, Inc.
and approved by the Board of Public Works on February 22, 2010
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Olive Road Right -Of -Way Acquisition)
This Addendum to Master Agency Agreement (this "Addendum "), made and
entered into as of the 22nd day of February, 2010, by and between the South Bend
Department of Redevelopment, acting by and through its Redevelopment Commission
(the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly
organized and existing pursuant to the laws of the State of Indiana, acting by and through
its Board of Public Works (the "BPW ") for purposes of the Commission designating the
BPW to act as the Commission's agent to undertake the Olive Road Right -Of -Way
Acquisition (the "Project ")
WHEREAS, effective January 1, 2010, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Olive Road Right -Of -Way Acquisition 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:
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. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT_
Garcia I. Jone rest ent
South Bend Redevelopment Commission
ATTEST:
e 41
Nancy N. Ki , SecreUry
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC W RKS
/L
Gary Gilot, President
Car ittrell, Membe�ZL
n Inks, Member
ATTEST:
i da Martin, Clerk
Exhibit "A"
The Olive Road Right -Of -Way Acquisition Project consists of the acquisition of
parts of sixteen (16) parcels in the corridor between Lincoln Way West and Nimtz
Parkway /Old Cleveland Road. The property acquisition is mainly located on the
east side of Olive Road with one parcel acquisition located on the northwest corner
of Olive and Lincoln Way West.
See attached Right -Of -Way Tracking Sheet for specific information about the
appraised value of each parcel A map of the target acquisition area identifying each
parcel has also been included with this Exhibit.
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Exhibit "B"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #1
See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated
February 2, 2012
February 2, 2012
Mr. Bill Schalliol
City of South Bend
227 West Jefferson Boulevard
South Bend, Indiana 46601
Re: Letter Agreement for Professional Engineering
Bid Package for Olive Road Basin Construction
City of South Bend
South Bend, Indiana
DLZ Indiana, LLC (ENGINEER) appreciates the opportunity to provide engineering services for the
City South Bend (OWNER) for preparing contract documents for Olive Road Basin Construction along
Olive Road in the City of South Bend. Constructing the Olive Road Basin this summer is a requirement
of the memo of understanding for the Olive Road right of way acquisition for the Lutheran parcel.
PROJECT DESCRIPTION
The project will involve preparing contract documents to be bid for basin expansion on City's parcel,
grading and storm sewer trunk line on the Lutheran parcel located at the southeast corner of Olive Road
and Nimtz Parkway in the City of South Bend. Excess excavation from the basin will be used for
grading the recreational area south of the Lutheran School. The project limits are shown in Exhibit A.
SCOPE -OF- SERVICES
We propose to provide the following scope of services:
A. TASK 1 — PREPARATION OF CONTRACT DOCUMENTS, SPECIFICATIONS AND
BIDDING DOCUMENTS
The ENGINEER will develop plans and specification documents for Olive Road Basin
Construction (Exhibit A).
1. Specifications — The ENGINEER will prepare specification documents for the project.
The specification documents will reference City of South Bend and INDOT
specifications and will include supplementary conditions. The specification documents
will include specification sections related to notice to bidders, instructions to bidders, and
items specific and unique to each project location.
2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471
With Offices Throughout The Midwest
www.dlz.com
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Mr. Bill Schalliol
City of South Bend
227 West Jefferson Boulevard
South Bend, Indiana 46601
Re: Letter Agreement for Professional Engineering
Bid Package for Olive Road Basin Construction
City of South Bend
South Bend, Indiana
DLZ Indiana, LLC (ENGINEER) appreciates the opportunity to provide engineering services for the
City South Bend (OWNER) for preparing contract documents for Olive Road Basin Construction along
Olive Road in the City of South Bend. Constructing the Olive Road Basin this summer is a requirement
of the memo of understanding for the Olive Road right of way acquisition for the Lutheran parcel.
PROJECT DESCRIPTION
The project will involve preparing contract documents to be bid for basin expansion on City's parcel,
grading and storm sewer trunk line on the Lutheran parcel located at the southeast corner of Olive Road
and Nimtz Parkway in the City of South Bend. Excess excavation from the basin will be used for
grading the recreational area south of the Lutheran School. The project limits are shown in Exhibit A.
SCOPE -OF- SERVICES
We propose to provide the following scope of services:
A. TASK 1 — PREPARATION OF CONTRACT DOCUMENTS, SPECIFICATIONS AND
BIDDING DOCUMENTS
The ENGINEER will develop plans and specification documents for Olive Road Basin
Construction (Exhibit A).
1. Specifications — The ENGINEER will prepare specification documents for the project.
The specification documents will reference City of South Bend and INDOT
specifications and will include supplementary conditions. The specification documents
will include specification sections related to notice to bidders, instructions to bidders, and
items specific and unique to each project location.
2211 East Jefferson Blvd. • South Bend, Indiana 46615 • (574) 236 -4400 • FAX (574) 236 -4471
With Offices Throughout The Midwest
www.dlz.com
DL
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 2
2. Basin, Storm Sewer and Site Grading - The ENGINEER will include general instructions
for pipe backfill and compaction, final grades and temporary seeding.
B. TASK 2 — RULE 5 PERMIT
The ENGINEER shall prepare and submit the application and back -up documentation for Rule 5
- Erosion Control Permit.
1. Prepare a Project Location Map.
2. 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.
3. 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.
4. Provide the specifications and Details for proposed Storm Inlet Protection, Stable
construction entrances and erosion and sediment control on individual lots, as required.
5. Provide maps showing the Floodplains, Floodways, and Floodway Fringes.
6. Determine soil types within the project area.
7. Provide a schedule when disturbed areas will be stabilized and specifications for
permanent seeding.
Delineate the disturbed and preserved areas and proposed locations of soil stockpiles and
borrow areas.
9. Complete permit application form.
C. TASK 3 — BID PHASE AND CONSTRUCTION PHASE OFFICE SERVICES
The ENGINEER will attend the Pre -bid meeting. The ENGINEER will collect contractor
questions as they occur. The ENGINEER shall address any contractor questions in the
form of a published addendum(s). The ENGINEER shall publish addendum(s) for the
project as necessary. The ENGINEER will attend the bid opening and assist in the
review of all bids, providing OWNER with a written recommendation as to which is the
lowest qualified and responsive bidder for the scope of work identified herein.
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 2
2. Basin, Storm Sewer and Site Grading - The ENGINEER will include general instructions
for pipe backfill and compaction, final grades and temporary seeding.
B. TASK 2 — RULE 5 PERMIT
The ENGINEER shall prepare and submit the application and back -up documentation for Rule 5
- Erosion Control Permit.
1. Prepare a Project Location Map.
2. 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.
3. 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.
4. Provide the specifications and Details for proposed Storm Inlet Protection, Stable
construction entrances and erosion and sediment control on individual lots, as required.
5. Provide maps showing the Floodplains, Floodways, and Floodway Fringes.
6. Determine soil types within the project area.
7. Provide a schedule when disturbed areas will be stabilized and specifications for
permanent seeding.
8. Delineate the disturbed and preserved areas and proposed locations of soil stockpiles and
borrow areas.
9. Complete permit application form.
C. TASK 3 — BID PHASE AND CONSTRUCTION PHASE OFFICE SERVICES
The ENGINEER will attend the Pre -bid meeting. The ENGINEER will collect contractor
questions as they occur. The ENGINEER shall address any contractor questions in the
form of a published addendum(s). The ENGINEER shall publish addendum(s) for the
project as necessary. The ENGINEER will attend the bid opening and assist in the
review of all bids, providing OWNER with a written recommendation as to which is the
lowest qualified and responsive bidder for the scope of work identified herein.
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 3
2. The ENGINEER will provide Construction Phases throughout the construction phase of
the project as requested and directed by the OWNER. This item includes the following
work elements:
a. Attend pre- construction conference.
b. Review Project Submittals for compliance with Specifications.
C. Issue Supplemental Instruction and Proposal Requests.
INFORMATION AND SERVICES TO BE FURNISHED BY THE OWNER
The OWNER shall do the following in a timely manner so as not to delay the services of the
ENGINEER:
1. Designate in writing a person to act as OWNER's representative with respect to the services to be
rendered under this Agreement.
2. Assist the ENGINEER by placing at ENGINEER's disposal all available information, as provided to
the OWNER, pertinent to the Project.
3. Arrange for access to and make all provisions for ENGINEER to enter upon public and private
property as required for ENGINEER to perform services under this Agreement.
4. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by the ENGINEER, obtain advice of attorney, insurance counselor and other consultants
as OWNER deems appropriate for such examination and render in writing decisions pertaining
thereto within a reasonable time so as not to delay the services of ENGINEER.
5. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in this Agreement or other
services as required.
ADDITIONAL SERVICES BY THE ENGINEER (NOT INCLUDED IN THE SCOPE OF
WORK AND FEE)
If authorized in writing by the OWNER, ENGINEER shall furnish or obtain from others Additional
Services of the types listed in the following paragraphs. These services are not included as part of the
basic services of the ENGINEER except to the extent otherwise identified in the ENGINEER'S Scope
of Services.
Preparation of supporting documents for private or governmental grants, loans or advances in
connection with the project.
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 4
2. Services to make measured drawings of or to investigate existing conditions or facilities other
than those specifically identified under the ENGINEER's Scope of Services, or to verify the
accuracy of drawings other information furnished by the OWNER.
3. Any services required or associated with anticipated unforeseen issues, including but not limited
to, demolition and environmental /abatement issues.
4. Services required for relocation of existing utilities.
5. Preparing documents for alternate bids requested by the OWNER for the Contractor's work, other
than stated in the ENGINEER's Scope of Services.
6. Furnishing services of independent professional associates and consultants.
7. Assistance in connection with bid protests, rebidding or renegotiating contracts for demolition,
materials, equipment or services.
8. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration
or other legal or administrative proceeding involving the project.
9. Post demolition topographic and as -built survey.
10. Preparation of a Phase I and Il Environmental Site Assessment. The work described herein does
not constitute a Phase I Environmental Site Assessment.
11. Additional Services in connection with the project, including services, which are to be furnished
by OWNER and services not otherwise provided for in this Agreement.
12. Verifying compaction of earthwork.
13. Printing costs associated with project documents.
14. Preparing more than one bid package.
DLZ
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS •SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 5
SCHEDULE
This schedule is based on receiving a notice to proceed by February 14, 2012.
Project Plans, Specifications and Bidding Documents Ready March 16, 2012
Open Bids April 24, 2012
Construction June - August 2012
COST OF SERVICES
Compensation to DLZ for services described herein shall be on a lump sum basis. The total not -to-
exceed fee is $14,000.00.
* For those services performed as an "Hourly Rate ", DLZ will be paid on the basis of actual hours of
work performed by essential personnel exclusively on this Agreement at the rates identified in Exhibit
B for each classification of employee.
Reimbursable expenses are in addition to the basic compensation and include actual expenditures for
fees expended for state and local approvals, permitting fees, newspaper notices, printing bidding
documents and postage. For services and Reimbursable expenses of independent professional associates
and consultants employed by ENGINEER to render Additional Services, the ENGINEER shall be
reimbursed for the invoiced amount of said services, and ENGINEER shall also be paid an
administrative fee in an amount not to exceed 20% of the amount of the invoice.
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions, as attached, are incorporated here into and made part of this Letter
Agreement (Exhibit Q. The Client referred to in the Standard Terms and Conditions means the City of
South Bend.
ENGINEER affirms under the penalties of perjury that he /she /it does not knowingly employ an
unauthorized alien. ENGINEER shall enroll in and verify the work eligibility status of all his/her /its
newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. ENGINEER shall not
DESCRIPTION
ESTIMATE TASK
AMOUNT
a.
Olive Basin and Grading Plans and Documents
$3,500.00
b.
Project Specifications and Bidding Documents
$2,500.00
c.
Rule 5
$3,000.00
d.
I Bidding Phase and Construction Phase Services, Hourly Rate*
$5,000.00
TOTAL
$14,000.00
* For those services performed as an "Hourly Rate ", DLZ will be paid on the basis of actual hours of
work performed by essential personnel exclusively on this Agreement at the rates identified in Exhibit
B for each classification of employee.
Reimbursable expenses are in addition to the basic compensation and include actual expenditures for
fees expended for state and local approvals, permitting fees, newspaper notices, printing bidding
documents and postage. For services and Reimbursable expenses of independent professional associates
and consultants employed by ENGINEER to render Additional Services, the ENGINEER shall be
reimbursed for the invoiced amount of said services, and ENGINEER shall also be paid an
administrative fee in an amount not to exceed 20% of the amount of the invoice.
STANDARD TERMS AND CONDITIONS
The Standard Terms and Conditions, as attached, are incorporated here into and made part of this Letter
Agreement (Exhibit Q. The Client referred to in the Standard Terms and Conditions means the City of
South Bend.
ENGINEER affirms under the penalties of perjury that he /she /it does not knowingly employ an
unauthorized alien. ENGINEER shall enroll in and verify the work eligibility status of all his/her /its
newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. ENGINEER shall not
DL
ENGINEERS • ARCHITECTS • SCIENTISTS
PLANNERS • SURVEYORS
February 2, 2012
Olive Road Bid Package for Lutheran Basin Construction
Page 6
knowingly employ or contract with an unauthorized alien. ENGINEER shall not retain an employee or
contract with a person that ENGINEER subsequently learns is an unauthorized alien. ENGINEER is not
required to participate in the E- Verify program should the E- Verify program cease to exist. Additionally,
the ENGINEER is not required to participate if the ENGINEER is self - employed and does not employ
any employees.
CLOSING
DLZ trusts that this Letter Agreement meets with your approval. We look forward to working with the
City and appreciate the opportunity to submit this Letter Agreement. Should you have any questions,
please do not hesitate to contact either of the undersigned at (574) 236 -4400.
If you agree with the terms expressed herein, please indicate your authorization and Notice to Proceed
by signing where indicated below and returning one (1) executed copy to our office.
Very truly yours,
DLZ INDIANA, LLC
ry Fisk, P .
Vice President
St�� rr., �e--
Brian M. Smith, P.E.
Highway Department Manager
Z -Z--iZ
Date
AGREED AND ACCEPTED:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
:
am
Date
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SHEET
DRAWING NUMBER
:XHIBIT A
EXHIBIT B
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINE ERING /ARCHITECTURAL
2012
Activity
Code
Employee Classification
2012
Hourly Rate
1
Principal
$220.00
49
Division Manager (Chief Engineer)
$185.00
50
-Department Manager
$160.00
55
Registered Land Surveyor
$130.00
21
Project Manager
$140.00
214
Senior Right-of-Way Engineer
$140.00
330
Electrical Engineering Specialist
$150.00
53/58
Engineer III /Architect III /Landscape Architect III/
Planner III /Scientist III/Geologist III
$125.00
52/57
Engineer II /Architect II /Landscape Architect II/
Planner II/Designer III /Scientist II/Geologist I1
$115.00
51/56
Engineer I /Architect I /Landscape Architect I/
Planner I/ Designer II /Scientist I /Geologist 1
$90.00
28
Designer I
$80.00
29
Technician
$65.00
147
Construction Administrator
$105.00
152
Construction Observer
$85.00
43
Clerical
$55.00
Reimbursable Ex enses
Crew Classification
2012
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 Survey Technician
$55.00
Reimbursable Ex enses
Rate
Mileage
$0.555 /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, 2013.
Cost of living /inflation increases of 3 to 7% per annum can be anticipated.
S V DeptA Administration AClerical \RATESV201 I Hourly Rates doc
EXHIBIT C
DLTS 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. 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
Revised March 2011
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 anyway 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.
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