HomeMy WebLinkAbout6E (1)6 c (1)
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Community & Economic Development"
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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
°°
Subject: Resolution 3051 to the Addendum To Master Agency Agreement
Fellows Street Corridor Improvement Project — Supplement #4
Date: June 21, 2012
Attached to this memorandum is Resolution 3051 and Amendment to the Addendum To Master Agency
Agreement for the Fellows Street Corridor Improvement Project — Supplement #4. The purpose of this
amendment is to present a professional service package to aid in the acquisition of all total and partial
acquisitions necessary for the Fellows Street Corridor Improvement Project.
Supplement #4 proposed by Resolution 3051 creates a professional service budget for the properties to be
acquired for this project. Exhibit E of the Amendment details the budget amount for each service and
contains the proposals for the scope of work. A breakdown of the three service categories is as follows:
Title Search Services
Meridian Title Corporation
$100 /title search
36 title searches - identified
4 titles searches - unidentified
Total Contract Amount - $4,000.00
Appraiser #1
Witt Appraisal Services
$375.00 /dwelling -- $425 /rental unit
30 total residential unit acquisitions
6 partial residential acquisitions for right of way
30 dwelling units ($11,250.00)
6 rental units ($2,550.00)
Appraiser #2
Chris Michaels Appraisal Service
$375.00 /dwelling -- $450 /rental unit
30 total residential unit acquisitions
6 partial residential acquisitions for right of way
30 dwelling units ($11,250.00)
6 rental units ($2,700.00)
What We Do Today Makes A Difference!
Relocation Specialist Services
Margie Stankoven
Fees are "per relocation" no "per parcel"
Residential Relocation (owner or tenant)
Business Relocation (business includes landlords)
Personal Property Only Move
30 dwelling units ($94,500.00)*
6 rental units ($18,900.00)*
*Breakdown based on current conditions
$3,150.00 per relocation
$3,150.00 per relocation
$1,350.00 per relocation
The total projected professional service budget is $145,150.00.
The professional service team is prepared to act responsively to the schedule and will work to complete
work assignments in timely manner so as to allow for project to stay within schedule and budget.
Staff requests approval of Resolution 3051 and the Amendment to the Addendum To Master Agency
Agreement for the Fellows Street Corridor Improvement Project — Supplement #4.
RESOLUTION NO. 3051
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Fellows Street Corridor Improvement Project - Supplement #4)
(2865 -11, 2972 -11, 3037 -11, 3045 -12)
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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement # 1 by
way of Resolution 2972 on December 13, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement #2 by
way of Resolution 3037 on May 31, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #3 by
way of Resolution 3045 on June 14, 2012; 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 (Fellows Street Corridor Improvement
Project - Supplement #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
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
June 28, 2012, at 9:30 a.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
(Fellows Street Corridor Improvement Project - Supplement #4)
(2865 -11, 2972 -11, 3037 -12, 3045 -12)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 10th day of July, 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
Fellows Street Corridor Improvement Project - Supplement #4 (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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #1 during December 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #2 during May and June 2012; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #3 during June 2012; and
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 ", amended by Supplement #1 as described in
"Exhibit B ", amended by Supplement #2 as described in "Exhibit C ", amended by
Supplement #3 as described in "Exhibit D ", and now amended as described in "Exhibit
E ", 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
Mark Neal, Member
Michael Mecham, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
See attached proposal from Christopher B. Burke Engineering Ltd. dated April 4, 2011
and approved by the Board of Public works on April 25, 2011
1316 COUNTY -CITY BVILDING
227 W JEFFERSON BOUi.tY.kRA
SOUTH BEND, INDIANA 4 660 1 -1 830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
April 25, 2011
Mr. Jason Durr
Christopher B. Burke Engineering
115 West Washington Street, Suite 1368 South
South Bend, Indiana 46601
PHONE 574123 5-9251
FAX 574/ 235 -9171
RE: Professional Services Proposal — Fellows Street Corridor Improvement Phase 1
Project No. 111 -023
Dear Mr. Durr:
The Board of Public Works, at its meeting held on April 25, 2011, approved the above
referenced Professional Services Proposal in the amount of $177,000.00.
Enclosed is a copy of the Professional Services Proposal for your records.
If you have any questions, please contact me at (574) 235 -9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
Bill Schalliol, CED
Beth Leonard, CED
Judy Love, CED
GARY A. GTLOT, P. E. DONALD E, INKS CARL P. LITTRLLL
PRMIDENT MEINI BER M F VBER
CHRISTOPHER B. BURKE ENGINEERING, LTD.
National City Center Suite 1368 South 115 W. Washington St. Indianapolis Indiana 46204 TEL (317) 266.8000 FAX (317) 632 -3306 TOLL FREE (888) 463.1974
April 4, 2011
Bill Schalliol
City of South Bend
Division of Economic Development
12th Floor County -City Building
South Bend, IN 46601
Subject: Fellows Street Corridor Improvements
Professional Services Proposal
Dear Mr. Schalliol:
Christopher B. Burke Engineering, Ltd (CBBEL) is pleased to provide this proposal for
professional engineering and planning services related to the Fellows Street Corridor
Improvement project in the City of South Bend. The following is our understanding of the
assignment, scope of services, and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands that the City is seeking assistance for development of a Community
Progress Plan for the Erskine Neighborhood that will address pedestrian access and
connectivity, traffic flow, and stormwater drainage on Ireland Road from Miami Street to
Fellows Street, and on Fellows Street and Chippewa Avenue from Ireland Road to Michigan
Street. This project will include widening and improved alignment of Fellows Street and
Chippewa Avenue between Ireland Road and Michigan Street.
SCOPE OF SERVICES
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'his task will include the preparation of a community plan that addresses the access
sstrictions presented by the new US 31 bypass project, the pedestrian access restrictions
long Ireland Road from Miami Street to Fellows Street, and drainage concerns within the
Ian area to assist with potential south side development. The focus of the plan will be
long Ireland Road from Miami Street to Fellows Street and Fellows Street from Ireland
oad through Chippewa Avenue then to Michigan Street. The development of the
immunity plan will also include coordination with INDOT regarding the US 31 bypass
roject, specifically at the intersection of Fellows Street and Ireland Road.
is anticipated that during the progress of this task, CBBEL will meet with the City staff and
her necessary local representatives to discuss the plan. Two meetings with the City staff
Id attendance of one public meeting are included in the fee.
Christopher B. Burka Engineering Ltd. City of South Bend. Fellows Street Corridor Improvements
011.11211110093,00000 Page 1 of 5
Proposed Schedule for Task 1:
1. Develop Draft Community Plan 2 Weeks from Notice to Proceed
2 1st Meeting. with City staff - upon completion of draft community plan
3. Updated Community Plan - 1 week after 161 meetingwith City.
4. 2 "d Meeting with City staff - upon completion of updated community plan
.5. Public Meeting to be scheduled by City staff after approval of community plan
INDOT Coordination will be throughout Phase 1.
Task 2— Suryov & Geotechnlcal Investigation:
This task will include: 0 topographic survey and a geotechnical investigation, which will be
completed to supplement existing data for the project area. 86th :the survey and the
geotechnical investigation will .be performed by a sub consultant. A, utility locate with relevant utilities will be conducted to the utilities are included in the survey. CBSEL will
coordinate the completion of the survey and geotechnical investigation.
WightmanPetrie Inc is the sub - consultant for the survey.
Survey Fee: $37,850:00
Survey Schedule: .6 %2 weeks from Notice to Proceed
Earth Exploration is the sub-consultant for the geotechnical investigation.
Geotechnical -Fee: $6;216:25
Geotechrli al Schedule: 6 % weeks from Notice to Proceed
Task 3 — Cooceat Plahft elogment:
This task will include a field review of the project site. The items reviewed may include
existing drainage patterns, potential utility conflict areas, existing municipal or private
infrastructure, and potential easement or right of way needs.
In completing the.concept plans, which will be considered 30% design plans, CBBEL staff
will do the following:
1. utilize the survey, available aerial photography; GiS data, and meeting comments to
devel6p the concept plans.
2. Provide an updated exhibit to the :City showing right of way acquisition requirements
to complete the project. No right of way acquisition services are included,
3. Provide design Services for additional sidewalk on the west side .of High Street north
of Hawbaker Street and for potential drainage improvements on High Street .north of
Hawbaker Street utilizing a iot at the southwest comer of High and Hawbaker.
Schedule to complete: 3 months from receipt of survey and geotechnical report
it is anticipated Ghat during the progress of this task, CBBEL will meet with the City staff and
other necessary local representatives to discuss the concept plan. The purpose of the
meetings will be to discuss and approve plan elements to accomplish project goals prior to
initiating full design services. Two meetings are included in the proposed fee.
Total Estimated Fee for Phase 1 (Tasks 1 through 3) is $177,000.00'
Christopher B. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements
01.12110003.00000 Page 2 of 5
"Upon receipt of approval from the City, CBBEL will proceed to Phase 2 (Task 4 through 6).
Task 4 — Full Desian Services
This task will include the design and preparation of final construction documents for the
project. Plans and specifications will be prepared in accordance with City Standards and
Specifications.
Plans will be developed using base sheets created from the topographic survey. The project
will consider design features to address the requirements of the regulatory agencies
involved with this construction. This task will also include coordination with utility company
representatives to identify potential utility relocation needs. Information gathered during this
task will be shown on the final construction plans. Specifications will be developed utilizing
standard specifications and general conditions provided by the City supplemented (if
needed) with CBBEL standard technical specifications.
CBBEL staff will provide an opinion of probable cost based on the final construction plans.
This opinion will be based on the judgment of CBBEL engineering staff, supplemented by
local construction project history information provided by the City. An itemized list of the
estimated quantities or work units required to complete the job will be included.
It is anticipated that during the progress of this task, CBBEL will meet with the City staff and
other necessary local representatives to discuss the progress of the design. Three meetings
are included in the proposed fee.
Schedule to complete: 4 Months from approval date of Concept Plans
Task 5 • Rule 5 Permit:
A Rule 5 permit (IDEM) will be required for this project. CBBEL will prepare the submittal
package and required documentation including the publication of a legal notice in a local
newspaper. The package will be provided to the City for signature and submittal to IDEM.
Schedule: 30 days from completion of final design
Task 6 - Bid Services:
CBBEL will provide three full copies of the final design documents to the City prior to
bidding. CBBEL will assist the City in conducting a pre -bid conference at a location of the
City's choosing. CBBEL will address contractor questions and prepare and issue addenda,
as needed. Following bid opening, CBBEL will compile and certify bid tabulation sheets and
provide a contract award recommendation to the City. It is assumed that City staff or
representatives will coordinate the bid collection, bid opening, and the preparation of the
construction agreement.
Schedule: Assumed 8 week bid period
Total Estimated Fee for Phase 2 (Tasks 4 through 6) is $153,000.00
3 Christopher B. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements
01Y1100B3.00000 Page 3 of 6
ESTIMATED FEE
As noted above, we have estimated the total cost for Phase 1 will not to exceed $177,000,
and the total cost for Phase 2 will not exceed $153,000. Both phases include reimbursable
expenses.
If and when the value of work accomplished exceeds 80% of the total estimated fee for each
Phase, we will assess the remaining work and will notify you, in writing, if additional
compensation will be needed. If additional compensation is needed, we will do no work
beyond the total estimated fee until you issue a written notice accepting the additional
charges.
We will bill you monthly, on a time and material basis, for assigned tasks in accordance with
our attached Standard Charges for Professional Services. In addition, our contract will be
established in accordance with the attached General Terms and Conditions. These General
Terms and Conditions are expressly incorporated into and are an integral part of this
contract for professional services.
Reimbursable expenses include mileage for all project- related travel, color plots,
photocopies and plan reproduction, and supplies, such as binders, tabs, and related office
products. Reimbursable expenses are expected to not exceed $3,500 and will be listed
separately on project invoices.
If this proposal meets with your approval, please sign where indicated and return an
executed original to us as our Notice to Proceed. The executed Proposal, along with the
Estimated Fee, the attached Standard Charges for Professional Services, and the attached
General Terms and Conditions constitute the whole of our Agreement. Any modification to
any part of this Agreement without prior acknowledgement and consent by CBBEL will make
null and void this Agreement. Any time commitment made by CBBEL as part of the
Agreement does not begin until CBBEL has received an executed original.
We appreciate the opportunity to submit this proposal and look forward to working with you
on this project. Please contact Jason Durr at 574 - 282 -8001 or me at 317 -266 -8000 if you
have any questions.
Sincerely,
___4
Jon D. Stolz, P.E.
Manager, Indiana
Christopher S. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements
01.131.10093.00000 Page 4 of 5
THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR PROFESSIONAL
SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE FELLOWS STREET
CORRIDOR IMPROVEMENT PROJECT IS ACCEPTED BY THE CITY OF SOUTH BEND,
INDIANA - DEPARTMENT OF PUBLIC WORKS.
ACCEPTANCE OF PHASE 9 (TASKS 1 THROUGH 3)
The above contract is accepted this .,c,-20� day of 2011
Subject to the following conditions:
BOARD OF PUBLIC
A. Gilot -
d E. Inks em er AT ST:
Littrell - Member i da M. Martin Clelk
ACCEPTANCE OF PHASE 2 (TASKS 4 THROUGH 6)
The above contract is accepted this
Subject to the following conditions:
BOARD OF PlIRLIC WORKS
G�Gifot} - Presyir��It i
"Donald C. inns; - a -ionber
Carl P. Littrell - Member
day of
ATTEST:
Linda M. Martin - Clerk
Enclosures: Standard Charges for Professional Services
General Terms and Conditions - Modified for City of South Bend
2011
Christopher B. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements
01.P110093.00000 page 5 of 5
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
INDIANA PROJECTS
JANUARY 2011
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
Charges*
Personnel
/Hr
Engineer VI
210
Engineer V
168
Engineer IV
138
Engineer III
125
Engineer 1 /II
102
Resource Planner V
138
Resource Planner 1V
125
Resource Planner 111
109
Resource Planner 1 /11
96
Engineering Technician IV
125
Engineering Technician 111
109
Engineering Technician 1 /II
96
CAD II
111
CAD 1
98
GIS Specialist III
109
GIS Specialist 1 /11
87
Environmental Resource Specialist V
138
Environmental Resource Specialist 1V
125
Environmental Resource Specialist III
109
Environmental Resource Specialist 1 1II
96
Environmental Resource Technician
90
Administrative
67
Engineering Intern
53
Information Technician 1111
62
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationship Between Engineer and Client: Christopher S. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance of this Agreement and it is understood that the parties have not entered
into any joint venture or partnership with the other. The Engineer shall not be considered
to be the agent of the Client. Nothing contained in this Agreement shall create a
contractual relationship with a cause of action in favor of a third party against either the
Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
2. Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or Implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project, the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction, or the safety, safety precautions or programs
of the Client, the construction contractor, other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents, this Agreement or any other
agreement concerning the Project. Any provision which purports to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
3. Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services'Order) require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated
with the services affected by such order. Client, however, shall pay all costs incurred by
the suspension, including all costs necessary to maintain continuity and for the
resumption of the services upon expiration of the Suspension of Services Order.
Engineer will not be obligated to provide the same personnel employed prior to
suspension, when the services are resumed, in the event that the period of suspension
is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests, Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form, are instruments of professional service
intended for one -time use in the construction of this Project. These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands
that information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record drawings
will generally be the same as the level of detail illustrated by the design drawing used for
project construction. If additional detail is requested by the Client to be included on the
record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered, whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes /disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form is so
converted, the Client agrees to assume all risks associated therewith and, to the fullest
2
extent permitted by law, to hold harmless and indemnify the Engineer from and against
all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of
professional service introduced by anyone other than the Engineer may result in
adverse consequences which the Engineer can neither predict nor control. Therefore,
and in consideration of the Engineer's agreement to deliver its instruments of
professional service in machine readable form, the Client agrees, to the fullest extent
permitted by law, to hold harmless and indemnify the Engineer from and against all
claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising out of or in any way connected with the modification, misinterpretation,
misuse, or reuse by others of the machine readable information and data provided by
the Engineer under this Agreement. The foregoing indemnification applies, without
limitation, to any use of the Project Documentation on other projects, for additions to this
Project, or for completion of this Project by others, excepting only such use as may be
authorized, in writing, by the Engineer.
7. Reuse of Documents: AN Project Documents including but not limited to reports,
opinions of probable costs, drawings and specifications furnished by Engineer pursuant
to this Agreement are intended for use on the Project only. They cannot be used by
Client or others on extensions of the Project or any other project. Any reuse, without
specific written verification or adaptation by Engineer, shall be at. Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims, damages, losses,
and expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project,
Including photographs of the exterior and interior, among the Engineer's promotional
and professional materials. The Engineer's materials shall not include the Client's
confidential and proprietary information if the Client has previously advised the Engineer
in writing of the speck information considered by the Client to be confidential and
proprietary.
8. Standard of Practice: The Engineer will strive to conduct services under this agreement
in a manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing in the some locality under similar conditions as of
the date of this Agreement.
9. Compliance with Laws: The Engineer will strive to exercise usual and customary
professional care in his /her efforts to comply with those laws, codes, ordinance and
regulations which are in effect as of the date of this Agreement. With specific respect to
prescribed requirements of the Americans with Disabilities Act of 1990 or certified state
or local accessibility regulations (ADA), Client understands ADA is a civil rights
legislation and that interpretation of ADA is a legal issue and not a design issue and,
accordingly, retention of legal counsel (by Client) for purposes of interpretation is
advisable. As such and with respect to ADA, Client agrees to waive any action against
Engineer, and to indemnify and defend Engineer against any claim arising from
Engineer's alleged failure to meet ADA requirements prescribed.
3
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and /or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee (for services) from loss or expense, including reasonable attorney's
fees for claims for personal injury (including death) or property damage to the extent
caused by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries (including
death) or property damage arising out of the sole negligent act, error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear
that portion of the loss or expense that its share of the joint or concurrent negligence
bears to the total negligence (including that of third parties), which caused the personal
injury or property damage.
Neither Client nor Engineer shall be liable to the other party for special, incidental or
consequential damages, including, but not limited to loss of profits, revenue, use of
capital, claims of customers, cost of purchased or replacement power, or for any other
loss of any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or
over competitive bidding or market conditions, his/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his /her experience
and qualifications and represent his/her judgment as a design professional familiar with
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shag employ an Independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Govemino Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by (Item 9 of) this Agreement,
together with the laws of the State of Indiana.
4
Any claim, dispute or other matter in question arising out of or related to this Agreement,
which cannot be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association currently in effect. Requests for mediation shall be filed
in writing with the other party to this Agreement and with the American Arbitration
Association. The request may be made concurrently with the filing of a demand for
arbitration but, in such event, mediation shall proceed in advance of arbitration or legal
or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by agreement of the
parties or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
13. Successors and Assigns: The temps of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns: provided,
however, that neither party shall assign this Agreement in whole or in part without the
prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or
the failure of one party to enforce at any time, or for any period of time, any of the
provisions hereof, shall be limited to the particular instance, shall not operate or be
deemed to waive any future breaches of this Agreement and shall not be construed to
be a waiver of any provision, except for the particular instance.
15. Entire Understanding of Agreement: This Agreement represents and incorporates the
entire understanding of the parties hereto, and each party acknowledges that there are
no warranties, representations, covenants or understandings of any kind, matter or
description whatsoever, made by either party to the other except as expressly set forth
herein. Client and the Engineer hereby agree that any purchase orders, invoices,
confirmations, acknowledgments or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the Agreement shall
be null, void and without effect to the extent they conflict with the terms of this
Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another
instrument is duly executed by duly authorized representatives of each of the parties
and entitled "Amendment of Agreement ".
5
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be Invalid under the laws of any particular state, county or jurisdiction
where used, such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of.the parties hereto shall be
construed and enforced accordingly.
18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes, walkouts, fires, natural calamities, or demands or requirements of governmental
agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client In writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client In such access, permits or approvals, if Engineer perform such
services.
21. Desionation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to
appropriate aspects of the Project. The persons designated shall review and respond
promptly to all communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the party to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law, the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses, damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs,
and expert witness fees and costs, shall not exceed the total Engineer's fee for
professional engineering services rendered on this project as made part of this
Agreement. Such causes included but are not limited to the Engineer's negligence,
errors, omissions, strict liability or breach of contract. It is intended that this limitation
apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
2
24. Client's Resaonsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless, and defend the Engineer, its consultants, and the employees
and agents of any of them from and against any and all claims, suits, demands,
liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of
defense, arising in whole or in part out of the negligence of the Contractor, its
subcontractors, the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically excluded from
the foregoing are Losses arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, designs, or specifications, and the giving of
or failure to give directions by the Engineer, its consultants, and the agents and
employees of any of them, provided such giving or failure to give is the primary cause of
Loss. The Client also agrees to require the Contractor to provide to the Engineer the
required certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants as additional insureds on the Contractor's policy or policies of
comprehensive or commercial general liability insurance. Such insurance shall include
products and completed operations and contractual liability coverages, shall be primary
and noncontributing with any insurance maintained by the Engineer or its agents and
consultants, and shall provide that the Engineer be given thirty days, unqualified written
notice prior to any cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the
Client and met by the Contractor, the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and /or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurance(s) shall be considered as sample
insurance requirements and not the recommendation of the Engineer, Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation, and the Client shall make the final
decision regarding insurance requirements.
25. information Provided by Others: The Engineer shall indicate to the Client the information
needed for rendering of the services of this Agreement. The Client shall provide to the
Engineer such information as is available to the Client and the Client's consultants and
contractors, and the Engineer shall be entitled to rely upon the accuracy and
completeness thereof. The Client recognizes that it is impossible for the Engineer to
assure the accuracy, completeness and sufficiency of such information, either because
it is Impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, the Client agrees, to the
fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's
subconsultants harmless from any claim, liability or cost (including reasonable attorneys'
fees and cost of defense) for injury or loss arising or allegedly arising from errors,
omissions or inaccuracies in documents or other information provided by the Client to
the Engineer.
26, Payment: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty-five (35) days of its
receipt. Client further agrees to pay Engineer's cost of collection of all amounts due and
unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as
well as costs attributed to suspension of services accordingly and as follows:
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the
Client any judgment or settlement sums due, reasonable attorneys' fees, court
costs and expenses incurred by the Engineer in connection therewith and, in
addition, the reasonable value of the Engineer's time and expenses spent in
connection with such collection action, computed at the Engineer's prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or
damages as a result of such suspension caused by any breach of this
Agreement by the Client. Client will reimburse Engineer for all associated costs
as previously set forth in (Item 4 of) this Agreement.
1:3
27. Indemnity Clause: When construction observation tasks are part of the service to be
performed by the Engineer under this Agreement, the Client will include the following clause
in the construction contract documents and the Client agrees not to modify or delete it:
Contractor (and any subcontractor into whose subcontract this clause is
incorporated) agrees and acknowledges that Engineer shall be considered a third
party beneficiary of those contracts into which this clause has been incorporated;
and agrees to assume the entire liability for all personal injury claims suffered by its
employees, including without limitation, claims asserted by persons allegedly injured
on the Project; waives any limitation of liability defense based on the Workers'
Compensation Act, court interpretations of said Act or otherwise; and to the fullest
extent permitted by law, agrees to indemnify and hold harmless and defend Owner
and Engineer and their agents, employees, and consultants (the "Indemnities ") from
and against any such loss, expense, damage or injury, Including attorneys' fees and
costs that the Indemnitees may sustain as a result of such claims.
28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have
control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection
with the Work since they are solely the Contractor's rights and responsibilities. The Client
agrees that the Contractor shall supervise and direct the work efficiently with his /her best
skill and attention; and that the Contractor shall be solely responsible for the means,
methods, techniques, sequences. and procedures of construction and safety at the job site.
The Client agrees and warrants that this intent shall be carried out in the Client's contract
with the Contractor. The Client further agrees that the Contractor shall be responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with
the work; and that the Contractor shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to, all employees on
the subject site and all other persons who may be affected thereby. The Engineer shall have
no authority to stop the work of the Contractor or the work of any subcontractor on the
project.
When construction observation services are Included in the Scope of Services, the Engineer
shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as
otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and
to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to
the Client's attention defects and deficiencies in the Work and; 3) to determine in general If
the Work is being performed in a manner indicating that the Work, when fully completed, will
be in accordance with the Contract Documents. However, the Engineer shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the
Work. If the Client desires more extensive project observation, the Client shall request that
such services be provided by the Engineer as Additional and Supplemental Construction
Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees
0
of any of them. The Engineer does not guarantee the performance of the Contractor and
shall not be responsible for the Contractor's failure to perform its Work in accordance
with the Contract Documents or any applicable laws, codes, rules or regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties. Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and /or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and /or any subconsultants from any claims arising from the Work. The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However, the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor, consultants, agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials/Pollutents: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials /pollutants in any form at the Project site, including but not limited to
mold /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic /hazardous /pollutant type substances.
Furthermore, Client understands that the presence of mold /mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is an operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13.2005- INDIANA
gt&c•indiana modified City of South Bend
10
Exhibit "B"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #1
See attached Amendment dated December 6, 2011
and approved by the Board of Public Works on December 22, 2011
1316 COUNTY -CITY BUILDING;
227 W JEFFERSON BOL'LEV.M.0
SOUTH BEND, INDIANA 46601 -1530
CITY OF SOUTH BEND STF.PHEN,J. LimcKE, MAYOR
BOARD OF PUBLIC WORKS
December 22, 2011
Mr. Jason Durr
Christopher B. Burke Engineering, Ltd.
220 Colfax Avenue, Suite 500
South Bend, IN 46601
PHONE 574/ 235 -9251
FAx 574/ 235 -9171
RE: Professional Services Proposal — Fellows Street Corridor Improvement, Phase 2
Project No. 112-006
Dear Mr. Durr:
The Board of Public Works, at its meeting held on December 22, 2011, approved the
above referenced Professional Services Proposal in the amount of $185,000.00.
Enclosed is a copy of the Professional Services Proposal for your records.
Enclosed please find the City's Employment Eligibility Verification form required by the
State for your signature. Please return the fully executed form as soon as possible. Additionally
enclosed please find the City's Minority and Women Business Enterprise Diversity
Development.
If you have any questions, please contact me at (574) 235 -9251.
Sincerely,
Linda M. Martin, Clerk
Enclosures
c: Bill Schalliol, CED
Rob Nichols, Engineering
Judy Love, CED
Beth Leonard, CED
GARY A. G)T.OT, F.E. DONALD E. INKS CAU P. LITTRELL
PRfS) DENT M EK mF.R M ENMR
RECEIVED
CHRISTOPHER B. BURKE ENGINEERING, LTD.
National City Center Suite 1368 South 115 West Washington Street lndiwq)olis, Indiana 46204 TEL (317) 266 -8000 FAX (317) 632 -3306
December 7, 2011
Bill Schalliol
City of South Bend
Division of Economic Development
12th Floor County -City Building
South Bend, iN 46601
Subject: Fellows Street Corridor Improvements, Phase 2 - Revised
Professional Services Proposal
Dear Mr. Schaliiol:
Christopher B. Burke Engineering, Ltd (CBBEL) is pleased to provide this revised proposal
for professional engineering and planning services related to the Fellows Street Corridor
Improvement, Phase 2 project in the City of South Bend. The original contract for Phase 1
was approved on April 28, 2011, Based on the Community Progress Plan and the alignment
alternative analysis developed in Phase 1, the attached exhibit is the approved design
alignment alternative. The following is our understanding of the assignment, scope of
services, and estimated fee in support of the revised Fellows Street Corridor Improvements
Phase 2.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands that the City is seeking assistance for the design of the improvements
along the Fellows Street corridor as determined in the Community Progress Plan for the
Erskine Neighborhood and shown on the attached exhibit. This project will include widening
and improving the alignment of Fellows Street and Chippewa Avenue between Ireland Road
and Michigan Street. The project will also include drainage improvements along the
corridor.
SCOPE OF SERVICES
Task 1 — Desion Services
This task will include the design and preparation of final construction documents for the
project. Plans and specifications will be prepared in accordance with City Standards and
Specifcabons.
Plans will be developed using base sheets created from the topographic survey. The project
will consider design features to address the requirements of the regulatory agencies
involved with this construction. This task will also include coordination with utility company
representatives to identify potential utility relocation needs. information gathered during this
Christopher B. Burke Engineering Ltd. City of South Bend; Fellows Street Corridor Improvements, Phase if
01.1*110093.00001 Page 1 of 3
task will be shown on the final construction plans. Specifications will be developed utilizing
standard specifications and general conditions provided by the City supplemented (if
needed) with CBBEL standard technical specifications.
CBBEL staff will provide an opinion of probable cost based on the final construction plans.
This opinion will be based on the judgment of CBBEL engineering staff, supplemented by
local construction project history information provided by the City. An itemized list of the
estimated quantities or work units required to complete the job will be included.
It is anticipated that during the progress of this task, CBBEL will meet with the City staff and
other necessary local representatives to discuss the progress of the design. Three meetings
are included in the proposed fee. We also included coordination with INDOT regarding the
Fellows and Ireland intersection.
Schedule to complete: 4 Months from approval date
Task 2 - Rule 5 Permit:
A Rule S permit (IDEM) will be required for this project. CBBEL will prepare the submittal
package and required documentation including the publication of a legal notice in a local
newspaper. The package will be provided to the City for signature and submittal to IDEM.
Schedule: 30 days from completion of final design
Task 3 - Bid Services:
CBBEL will provide three full copies of the final design documents to the City prior to
bidding. CBBEL will assist the City in conducting a pre -bid conference at a location of the
City's choosing. CBBEL will address contractor questions and prepare and issue addenda,
as needed. Following bid opening, CBBEL will compile and certify bid tabulation sheets and
provide a contract award recommendation to the City, it is assumed that City staff or
representatives will coordinate the bid collection, bid opening, and the preparation of the
construction agreement.
Schedule: Assumed 8 week bid period
Total Estimated l=ee for Phase 2 is $185,000.00
ESTIMATED FEE
If and when the value of work accomplished exceeds 80% of the total estimated fee for each
Phase, we will assess the remaining work and will notify you, in writing, if additional
compensation will be needed. If additional compensation is needed, we will do no work
beyond the total estimated fee until you issue a written notice accepting the additional
charges.
We will bill you monthly, on a time and material basis, for assigned tasks in accordance with
our attached Standard Charges for Professional Services. In addition, our contract will be
established in accordance with the attached General Terms and Conditions. These General
Christopher B. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements, Phase it
01.12710093.00001 Page 2 of 3
Terms and Conditions are expressly incorporated into and are an integral part of this
contract for professional services.
If this proposal meets with your approval, please sign where indicated and return an
executed original to us as our Notice to Proceed. The executed Proposal, along with the
Estimated Fee, the attached Standard Charges for Professional Services, and the attached
General Terms and Conditions constitute the whole of our Agreement. Any modification to
any part of this Agreement without prior acknowledgement and consent by CBBEL will make
null and void this Agreement. Any time commitment made by CBBEL as part of the
Agreement does not begin until CBBEL has received an executed original.
We appreciate the opportunity to submit this proposal and look forward to working with you
on this project. Please contact Jason Durr at 574 - 282 -8001 or me at 317 - 266 -8000 if you
have any questions.
Sincerely,
Jon D. Stolz, P. .
Manager, Indian
THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR PROFESSIONAL
SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE FELLOWS STREET
CORRIDOR IMPROVEMENT PROJECT PHASE 2 – REVISED IS ACCEPTED BY THE
CITY OF SOUTH BEND, INDIANA – DEPARTMENT OF PUBLIC WORKS,
ACCEPTANCE
The above contract is accepted this day of a/.A 2011
Subject to the following conditions:
Kz;7
�- -`v >61--�otl�-
Thomas Price, Member ' �— /Linda M. Martin - C
Enclosures: Standard Charges for Professional Services
General Terms and Conditions – Modified for City of South Bend
Christopher 6. Burke Engineering Ltd. City of South Bend: Fellows Street Corridor Improvements, Phase N
01.P110093.00001 Page 3 of 3
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
INDIANA PROJECTS
JANUARY 2011
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
Charges*
Personnel
!Hr
Engineer VI
210
Engineer V
168
Engineer IV
13$
Engineer 111
125
Engineer 1/11
102
Resource Planner V
138
Resource Planner IV
125
Resource Planner III
109
Resource Planner 1 /II
96
Engineering Technician IV
125
Engineering Technician 111
109
Engineering Technician 1 /11
96
CAD II
111
CAD 1
98
GIS Specialist 111
109
GIS Specialist 1/11
87
Environmental Resource Specialist V
138
Environmental Resource Specialist IV
125
Environmental Resource Specialist III
109
Environmental Resource Specialist 1 /II
96
Environmental Resource Technician
90
Administrative
67
Engineering Intern
53
Information Technician I /11
62
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
CHRISTOPHER B. BURKE ENGINEERING, LTD.
GENERAL TERMS AND CONDITIONS
1. Relationshio Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance ofthis Agreement and it is understood thatthe parties have notentered
into anyjoint venture or partnership with the other. The Engineer shall not be considered
to be the agent of the Client. Nothing contained in this Agreement shall create a
contractual relationship with a cause of action in favor of a third party against either the
Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
2_ Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project, the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction, or the safety, safety precautions or programs
of the Client, the construction contractor, other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents, this Agreement or any other
agreement concerning the Project. Any provision which purports to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
3. Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
4. Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order) require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated with
the services affected by such order. Client, however, shall pay all costs incurred by the
suspension, including all costs necessary to maintain continuity and for the resumptions
of the services upon expiration of the Suspension of Services Order. Engineer will not
be obligated to provide the same personnel employed prior to suspension, when the
services are resumed, in the event that the period of suspension is greater than thirty
(30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests. Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form, are instruments of professional service
intended for one -time use in the construction of this Project, These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands that
information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record drawings
will generally be the same as the level of detail illustrated by the design drawing used for
project construction. If additional detail is requested by the Client to be included on the
record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered, whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes/disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form is so
converted, the Client agrees to assume all risks associated therewith and, to the fullest
extent permitted by law, to hold harmless and indemnify the Engineer from and against
all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of
professional service introduced by anyone other than the Engineer may result in adverse
consequences which the Engineer can neither predict nor control. Therefore, and in
consideration of the Engineer's agreement to deliver its instruments of professional
service in machine readable form, the Client agrees, to the fullest extent permitted by
law, to hold harmless and indemnify the Engineerfrom and against all claims, liabilities,
losses, damages, and costs, including but not limited to attorney's fees, arising out of or
in any way connected with the modification, misinterpretation, misuse, or reuse by others
of the machine readable information and data provided by the Engineer under this
Agreement. The foregoing indemnification applies, without limitation, to any use of the
Project Documentation on other projects, for additions to this Project, or for completion of
this Project by others, excepting only such use as may be authorized, in writing, by the
Engineer.
7. Reuse of Documents: All Project Documents including but not limited to reports,
opinions of probable costs, drawings and specifications furnished by Engineer pursuant
to this Agreement are intended for use on the Project only. They cannot be used by
Client or others on extensions of the Project or any other project. Any reuse, without
specific written verification or adaptation by Engineer, shall be at Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims, damages, losses, and
expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Engineer's promotional and
professional materials. The Engineer's materials shall not include the Client's confidential
and proprietary Information if the Client has previously advised the Engineer in writing of
the specific information considered by the Client to be confidential and proprietary.
Standard of Practice: The Engineer will strive to conduct services under this agreement
in a manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing in the same locality under similar conditions as of the
date of this Agreement.
Compliance With Laws: The Engineer will strive to exercise usual and customary
professional care in his /her efforts to comply with those laws, codes, ordinance and
regulations which are in effect as of the date of this Agreement.
With specific respect to prescribed requirements of the Americans with Disabilities Act of
1990 or certified state or local accessibility regulations (ADA), Client understands ADA is
a civil rights legislation and that interpretation of ADA is a legal issue and not a design
issue and, accordingly, retention of legal counsel (by Client) for purposes of
interpretation is advisable. As such and with respect to ADA, Client agrees to waive any
action against Engineer, and to indemnify and defend Engineer against any claim arising
from Engineer's alleged failure to meet ADA requirements prescribed.
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and /or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee (for services) from loss or expense, including reasonable attorney's fees
for claims for personal injury (including death) or property damage to the extent caused
by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries (including
death) or property damage arising out of the sole negligent act, error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear that
portion of the loss or expense that its share of the joint or concurrent negligence bears to
the total negligence (including that of third parties), which caused the personal injury or
property damage.
Neither Client nor Engineer shall be liable to the other party for special, incidental or
consequential damages, including, but not limited to loss of profits, revenue, use of
capital, claims of customers, cost of purchased or replacement power, or for any other
loss of any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or over
competitive bidding or market conditions, his/her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his /her experience
and qualifications and represent his/her judgement as a design professional familiarwith
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him/her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shall employ an independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Governing Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by (Item 9 of) this Agreement,
together with the laws of the State of Indiana.
Any claim, dispute or other matter in question arising out of or related to this Agreement,
which can not be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with the
lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree otherwise,
shall be in accordance with the Construction Industry Mediation Rules of the American
Arbitration Association currently in effect. Requests for mediation shall be filed in writing
with the other party to this Agreement and with the American Arbitration Association. The
request may be made concurrently with the filing of a demand for arbitration but, in such
event, mediation shall proceed in advance of arbitration or legal or equitable
proceedings, which shall be stayed pending mediation for a period of 60 days from the
date of filing, unless stayed for a longer period by agreement of the parties or court
order.
The parties shall share the mediator's fee and any filing fees equally. The mediation shall
be held in the place where the Project is located, unless another location is mutually
agreed upon. Agreements reached in mediation shall be enforceable as settlement
agreements in any court having jurisdiction thereof.
13. Successors and Assigns: The terms of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns: provided,
however, that neither party shall assign this Agreement in whole or in part without the
prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or
the failure of one party to enforce at any time, or for any period of time, any of the
provisions hereof, shall be limited to the particular instance, shall not operate or be
deemed to waive any future breaches of this Agreement and shall not be construed to be
a waiver of any provision, except for the particular instance.
15, Entire Understanding of Agreement This Agreement represents and incorporates the
entire understanding of the parties hereto, and each party acknowledges that there are
no warranties, representations, covenants or understandings of any kind, matter or
description whatsoever, made by either party to the other except as expressly set forth
herein. Client and the Engineer hereby agree that any purchase orders, invoices,
confirmations, acknowledgments or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the Agreement shall be
null, void and without effect to the extent they conflict with the terms of this Agreement.
16. Amendment: This Agreement shall not be subject to amendment unless another
instrument is duly executed by duly authorized representatives of each of the parties and
entitled "Amendment of Agreement ".
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be invalid under the laws of any particular state, county orjurisdiction
where used, such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of the parties hereto shall be
construed and enforced accordingly.
18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes, walkouts, fires, natural calamities, or demands or requirements of governmental
agencies.
19, Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client in writing.
20. Access ess and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client in such access, permits or approvals, if Engineer perform such
services,
21. Designation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to appropriate
aspects of the Project. The persons designated shall review and respond promptlyto all
communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the party to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter furnish to
the other party by written notice as herein provided.
23. ,limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law, the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses, damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs, and
expert witness fees and costs, shall not exceed the total Engineer's fee for professional
engineering services rendered on this project as made part of this Agreement. Such
causes Included but are not limited to the Engineer's negligence, errors, omissions, strict
liability or breach of contract. It is intended that this limitation apply to any and all liability
or cause of action however alleged or arising, unless otherwise prohibited by law.
M
24. Client's Responsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless, and defend the Engineer, its consultants, and the employees
and agents of any of them from and against any and all claims, suits, demands, iiabilities,
losses, damages, and costs ( "Losses "), including but not limited to costs of defense,
arising in whole or in part out of the negligence of the Contractor, its subcontractors, the
officers, employees, agents, and subcontractors of any of them, or anyone for whose
acts any of them may be liable, regardless of whether or not such Losses are caused in
part by a party indemnified hereunder, Specifically excluded from the foregoing are
Losses arising out of the preparation or approval of maps, drawings, opinions, reports,
surveys, change orders, designs, or specifications, and the giving of or failure to give
directions by the Engineer, its consultants, and the agents and employees of any of
them, provided such giving or failure to give is the primary cause of Loss. The Client also
agrees to require the Contractor to provide to the Engineer the required certificate of
insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants on the Contractor's policy or policies of comprehensive or commercial
general liability insurance. Such insurance shall include products and completed
operations and contractual liability coverages, shall be primary and noncontributing with
any insurance maintained by the Engineer or its agents and consultants, and shall
provide that the Engineer be given thirty days, unqualified written notice prior to any
cancellation thereof.
In the event the foregoing requirements, or any of them, are not established by the Client
and met by the Contractor, the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and/or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurances) shall be considered as sample
insurance requirements and not the recommendation of the Engineer. Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation, and the Client shall make the final
decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the information
needed for rendering of the services of this Agreement. The Client shall provide to the
Engineer such information as is available to the Client and the Client's consultants and
contractors, and the Engineer shall be entitled to rely upon the accuracy and
completeness thereof. The Client recognizes that it is impossible for the Engineer to
assure the accuracy, completeness and sufficiency of such information, either because it
is impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, the Client agrees, to the
fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's
subconsultants harmless from any claim, liability or cost (including reasonable attorneys'
fees and cost of defense) for injury or loss arising or allegedly arising from errors,
omissions or inaccuracies in documents or other information provided by the Client to the
Engineer.
26. Payment: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty -five (35) days of its receipt.
The client further agrees to pay intereston all amounts invoiced and not paid or objected to
for valid cause, Client further agrees to pay Engineer's cost of collection of all amounts due
and unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as
well as costs attributed to suspension of services accordingly and as follows.
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the Client
any judgement or settlement sums due, reasonable attorneys' fees, court costs and
expenses incurred by the Engineer in connection therewith and, in addition, the
reasonable value of the Engineer's time and expenses spent in connection with such
collection action, computed at the Engineer's prevailing fee schedule and expense
policies.
Suspension of Services. If the Client fails to make payments when due or otherwise
is in breach of this Agreement, the Engineer may suspend performance of services
upon five (5) calendar days' notice to the Client. The Engineer shall have no liability
whatsoever to the Client for any costs or damages as a result of such suspension
caused by any breach of this Agreement by the Client. Client will reimburse
Engineer for all associated costs as previously set forth in (item 4 of) this
Agreement.
27. Indemnity Clause: When construction observation tasks are part of the service to be
performed by the Engineer under this Agreement, the Client will include the following
clause in the construction contract documents and the Client agrees not to modify or
delete it:
Contractor (and any subcontractor into whose subcontract this clause
is incorporated) agrees and acknowledges that Engineer shall be
considered a third party beneficiary of those contracts into which this
clause has been incorporated; and agrees to assume the entire
liability for all personal injury claims suffered by its employees,
including without limitation, claims assented by persons allegedly
injured on the Project; waives any limitation of liability defense based
on the Workers' Compensation Act, court interpretations of said Act
or otherwise; and to the fullest extent permitted by law, agrees to
indemnify and hold harmless and defend Owner and Engineer and
their agents, employees, and consultants (the "Indemnitees ") from
and against any such loss, expense, damage or injury, including
attorneys' fees and costs that the Indemnitees may sustain as a
result of such claims.
28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have
control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection
with the Work since they are solely the Contractor's rights and responsibilities. The Client
agrees that the Contractor shall supervise and direct the work efficiently with his /her best skill
and attention; and that the Contractor shall be solely responsible for the means, methods,
techniques, sequences and procedures of construction and safety at the job site. The Client
agrees and warrants that this intent shall be carried out in the Client's contract with the
Contractor. The Client further agrees that the Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the work;
and that the Contractor shall take all necessary precautions for the safety of, and shall provide
the necessary protection to prevent damage, injury or loss to all employees on the subject site
and all other persons who may be affected thereby. The Engineer shall have no authority to
stop the work of the Contractor or the work of any subcontractor on the project.
When construction observation services are included in the Scope of Services, the Engineer
shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as
otherwise agreed to by the Client and the Engineer to: 9) become generally famiiiar with and to
keep the Client informed about the progress and quality of the Work; 2) to strive to bring to the
Client's attention defects and deficiencies in the Work and; 3) to determine in general if the
Work is being performed in a manner indicating that the Work, when fully completed, will be in
accordance with the Contract Documents. However, the Engineer shall not be required to
make exhaustive or continuous on -site inspections to check the quality or quantity of the Work.
if the Client desires more extensive project observation, the Client shall request that such
services be provided by the Engineer as Additional and Supplemental Construction
Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees of
any of them. The Engineer does not guarantee the performance of the Contractor and shall not
be responsible for the Contractor's failure to perform its Work in accordance with the Contract
Documents or any applicable laws, codes, rules or regulations.
When municipal review services are included in the Scope of Services, the Engineer (acting on
behalf of the municipality), when acting in good faith in the discharge of its duties, shall not
thereby render itself liable personally and is, to the maximum extent permitted by law, relieved
from all liability for any damage that may accrue to persons or property by reason of any act or
omission in the discharge of its duties. Any suit brought against the Engineer which involve the
acts or omissions performed by it in the enforcement of any provisions of the Client's rules,
regulation and /or ordinance shall be defended by the Client until final termination of the
proceedings. The Engineer shall be entitled to all defenses and municipal immunities that are,
or would be, available to the Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that the
Client will contractually require the Contractor to defend and indemnify the Engineer and/or any
subconsultants from any claims arising from the Work. The Engineer and the Client further
understand and agree that the Client will contractually require the Contractor to procure
commercial general liability insurance naming the Engineer as an additional named insured
with respect to the work. The Contractor shall provide to the Client certificates of insurance
evidencing that the contractually required insurance coverage has been procured. However,
the Contractor's failure to provide the Client with the requisite certificates of insurance shall not
constitute a waiver of this provision by the Engineer.
The Client and Engineer waive all rights against each other and against the Contractor and
consultants, agents and employees of each of them for damages to the extent covered by
property insurance during construction. The Client and Engineer each shall require similar
waivers from the Contractor, consultants, agents and persons or entities awarded separate
contracts administered under the Client's own forces.
30. Hazardous Materials /Pollutants; Unless otherwise provided by this Agreement, the Engineer
and Engineer's consultants shall have no responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous materials /pollutants in any form at
the Project site, including but not limited to mold /mildew, asbestos, asbestos products,
polychlorinated biphenyl (PCB) or other toxic/hazardous /pollutant type substances.
Furthermore, Client understands that the presence of mold /mildew and the like are results of
prolonged or repeated exposure to moisture and the lack of corrective action. Client also
understands that corrective action is an operation, maintenance and repair activity for which
the Engineer is not responsible.
June 13, 2005 - INDIANA
gt&c- indisna modified 04- 02- 07.doc
10
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 6, 2011 Department C &ED
BPW Date December 22, 2011 Phone 235 -5842
Name Bill Schalliol
o Legal ® Attorney Name L. Meteiver
Controller review is required for all Contracts $5,000.00 or more
Controller ® and greater than one year in length per the City Purchasing
ti m Policy
Other Appropriate Reviewers ❑
tequirsd [riform'a #sort
Company or Vendor Name
Agreement
Contract Proposal
$
Addendum
Lj If Yes, Approved by Purchasing
Claim
Fellows Street Corridor Improvement Project - Supplement #1
Project Number
Bid Opening
Funding Source
Award
Re . to Advertise
Title Sheet
Amount
Quote Opening
Terms of Contract
Quote Award
Purpose /Description
Ch Order No.
Proiect, Phase 2
C/O & PCA No.
PCA
Ease. /Encroach.
7
Traffic Control
LJ
Resolution
Other:
tequirsd [riform'a #sort
Company or Vendor Name
Christopher B. Burke Engineering
New Vendor
$
Yes N No
Lj If Yes, Approved by Purchasing
Project Name
Fellows Street Corridor Improvement Project - Supplement #1
Project Number
Not yet assigned)
Funding Source
SSDA TIF
Account No.
430 -1050- 460 -31.06
Amount
$ 185,000.00
Terms of Contract
Purpose /Description
Design service proposal for Fellows Street Corridor Improvement
Proiect, Phase 2
Amount of
❑
Increase
Decrease
$
$
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
PO No.
...
e.. A
:. is!�.Vgpoi
...
Copy
Original
❑
®
Jason Durr, CBBE
®
❑
Bill Schalliol, CED
Exhibit "C"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #2
See attached Amendment dated May 1, 2012
and approved by the Board of Public Works on June 12, 2011
CHRISTOPHER B. BURKE ENGINEERING, LLC
220 West Coltax Avenue Suite 500 South Bend, IN 46601 TEL (574) 282 -8001 FAX (574) 282 -8003
May 1, 2012
Bill Schalliol
City of South Bend
227 W. Jefferson Blvd,
12th Floor County -City Building
South Bend, IN 46601
Subject: Amendment of Agreement — Fellows Street Corridor Improvement Phase II
(CBBEL Project No. 110093.00001)
Dear Mr. Schalliol:
In accordance with our contract, we are providing you with this summary of the additional
work that you have requested that was not included in the original contract Scope of Work.
The proposed project changes are as discussed at our March 13, 2012 and April 12, 2012
meetings. The contract Scope of Work is modified as follows:
Re- design Fellows Street based on the new eastern alignment that was developed
at our March 13, 2012 meeting. The original design (based on the original approved
alignment) was approximately 70% complete when this new alignment was selected.
CBBEL will use the existing work, where applicable. This amendment includes the
same tasks in the scope of our contract that was approved on December 22, 2011.
Those tasks will be completed for the new alignment. The fee for this portion of the
amendment is $89,108.00.
2. Prepare Concept Plans (30% Design Plans) for the Erskine Golf Course Drainage
Improvements. The Erskine Golf Course will be directly impacted by the new storm
drainage system for Fellows Street that will outlet into the golf course retention
ponds. The Concept Plans will be developed using base sheets created from the
topographic survey provided by Wightman Petrie, Inc. The Concept Plans will be
based on information and exhibits in the Feasibility Study for Erskine Park Golf Club
dated September 2011. The fee for this portion of the amendment is 121250.0o.
Total Additional Estimated Fee: $127.458.00,
In summary, an amendment to the current contract is requested that will require an
additional $127,458.00 in order to complete the additional work not included in the original
Christopher B. Burke Engineering LLC
OPN# 19.P110093.00001
Fellows Street Corridor Improvement Phase II 1
Scope of Work. This amendment is subject to the General Terms and Conditions included
in the original contract,
If the information provided above meets with your approval, please sign this amendment
and send a copy back to us as notice to proceed with the additional work. If you have any
questions regarding this amendment, please contact me or Jason Durr, P.E. at 574 -282-
8001.
Sincerely,
Jon D. StolzNP.E.
Manager, Indiana
THIS AMENDMENT PROPOSAL FOR THE FELLOWS STREET CORRIDOR
IMPROVEMENTS PHASE II IS ACCEPTED BY THE CITY OF SOUTH BEND, INDIANA —
DEPARTMENT OF PUBLIC WORKS.
ACCEPTANCE
The above contract is accepted this day of
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Gary A. Gilot - President
Member ATTEST:
Member
JDS /In
CITY OF SOUTH BEND FELLOWS STREET AMENDMENT
Christopher B. Burke Engineering LLC
OPN# 19.P110093.00001
Linda M. Martin - Clerk
2012
Fellows Street Corridor improvement Phase 11 2
Exhibit "D"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #3
Presented to the Board of Public Works for approval on June 26, 2012
List of properties to be acquired as Right of Way for the Fellows Street Corridor
Improvement Project
Full Acquisition Parcels — 30
Partial Acquisition Parcels — 6
Temporary Acquisition Parcels - 57
Estimated Acquisition and Relocation Budget
$ 3,022,500.00
Name
ACM000on
AAdfm
Tar ID
subas
TOW
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2012 Tax
AINOWIt III
Ray & Dorothy Unruh
David Hodges & Pete Taddeo
John & Betty Martz
Cedric & Mary Moodie
Adam Detwiler
Joseph Horvath - family 2010 Revocable Trust
Matthew & Ann Dyer
Brian & Jennifer Bishop
Matthew Heckman
& i ht
Amy Roj Ky ne Rozmarynowski
Frank &
Stanley & Kyna Doaks
Matthew &Ann Hanover
Robin Richmond
Theresa Stedman
F
F
F
F
F
F
F
F
F
F
F
F
F
F
F
4412 S. fellows
4404 S. Fellows
4328 S. Fellows
4322 S. Fellows
4312 S. Fellows
4302 S. Fellows
4234 S. Fellows
4230 S. Fellows
4224 S. Fellows
4216 S. Fellows
4212 S. Fellows
4204 S. Fellows
4130 S. Fellows
4126 S. Fellows
4122 S. Fellows
18 -7204 -7511
18 -7204- 751101
18- 7024 -7512
18- 7204 -7513
18 -7204 -7514
18 -7206- 751401
38- 7164 - 577402
18- 7164 - 577403
18 -7164- 577404
18- 7164 - 577405
18- 7164 - 577406
18- 7164 - 577407
18- 7164 - 577408
18- 7164 - 577409
18- 7164 - 577420
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Owner Occupied
Rental
Owner Occupied
120,900.00
127,500.00
133,800.00
146,500.00
160,700.00
113,300.00
130,300.00
127,400.00
117,900.00
122,200.00
133,900.00
122,000.00
155,300.00
137,800.00
147,600.00
130,900.00
137,500.00
143,800.00
156,500.00
170,700.00
123,300.00
140,300.00
137,400.00
127,900.00
132,200.00
143,900.00
132,000.00
165,300.00
147,800.00
157,600.00
1,424.22
1,570.64
1,874.28
1,832.76
- 2,028.64
1,301.64
1,626.78
1,569.24
1,438.20
1,497.52
1,703.44
1,508.24
1,954.16
1,712.72
1,881.68
Letitia Ann Warnock
F
4116 S. Fellows
18- 7202 -7493
Unknown
47,900.00
57,900.00
1,259.88
Robert & Phyllis Laughman
F
4110 S. Fellows
18- 7202 -7494
Owner Occupied
51,300.00
61,300.00
593.36
Jim & Penny Hughes
James & Denise Goepfrich
F
F
4104 S. Fellows
4036 S. fellows
18- 7202 -7495
18- 7202 -7496
Rental
Owner Occupied
48,600.00
23,600.00
58,600.00
33,600.00
1,279.30
622.74
Sam & Karen Palmer
F
4030 S. Fellows
18- 7202 -7497
Owner Occupied
58,800.00
68,800.00
571.88
Pat Perri
F
4024 S. Fellows
18 -7202 -7498
Owner Occupied
74,100.00
84,100.00
853.80
City of South Bend
F
4016 S. Fellows
18- 7202 -7502
Vacant
10,000.00
Prudiential One Realty
F
4021 Fellows
18- 7202 -7499
Vacant
51,400.00
61,400.00
521.04
Fran &Bradley Clark
F
425 E. Teri
18- 7202 -7500
Remal
31,000.00
41,000.00
616.38
Greg Chidester
F
440 E. Chippewa
18- 7202 -7422
Owner Occupied
71,700.00
81,700.00
727.96
The Housing Authority of SB
F
434 E. Chippewa
18- 7202 -.7423
Vacant
10,000.00
'
Corey Dill
F
430 E. Chippewa
18- 7202 -7424
Owner Occupied
57,100.00
67,100.00
657.68
Norman &Gerry McKillip
F
426 E. Chippewa
18- 7202 -7425
Owner Occupied
63,700.00
73,700.00
631.16
Matthew & Cindy Holderbaum
F
422 E. Chippewa
18- 7202.7426
Owner Occupied
64,000.00
74,000.00
1,312.60
Matthew and Donita Borton
F
421 E. Teri
18- 7202 -7501
Owner Occupied
16,500.00
26,500.00
434.00
Roy & Patty Hinton
P
415 E. Teri
18- 7202 -7428
Owner Occupied
10,000.00
528.32
George Wednt & Mar arett Bird (see note)
P
430 Walter
018 -7204 -7515
Owner Occupied
10,000.00
Jeff & Chr stal Kieffer
P
4313 S. Fellows
18- 7204.7516
Owner Occupied
10,000.00
Michelle M. Johnson
P
4321 S. Fellows
18 -7204 -7517
Owner Occupied
10,000.00
Judith Jones
P
4325 S. Fellows
18 -7204 -7518
Rental
10,000.00
The Graber Group
P
411 E. Ireland
18- 7164 -5775
Commercial
10,000,00
James & Beth McKillip
T
4233 S. Fellows
18- 7164 - 577419
Owner Occu ied
100,00
Sandra Hussein
T
4229 S. Fellows
18 -7164- 577418
Owner Occupied
100,00
Djamle & Adrian Charmat
T
4221 S. Fellows
18- 7164 - 577417
Owner Occupied
100,00
Sonia Flores
T
4217 S. Fellows
18- 7164 - 577416
Owner Occupied
100,00
Derrick Preston
T
4211 S. Fellows
18- 7164 - 577415
Owner Occupied
100,00
Kathleen Hootman
T
4203 S. Fellows
18- 7164 - 577414
Owner Occupied
100.00
Robert & Judy Hochschild
T
4131 S. Fellows
18- 7164 - 577413
Owner Occupied
100,00
Nancy Morrison
T
4125 S. Fellows
18- 7164 - 577412
Owner Occupied
100.00
Geor ann Devolder
T
4119 S. Fellows
18- 7164 - 577411
Owner Occupied
10000
AR &KB Kimbrella
T
4115 S. Fellows
18-7202 -7492
Rental
100,00
John Blankert
T
425 Barbie
18- 7202 -7463
Owner Occupied
100.00
Marcus Reed
T
4107 S. Fellows
18- 7202 -7491
Owner Occupied
100,00
Anthony & Barbara Snodgrass
T
430 E. Teri
018 - 7202 -7462
Owner Occupied
100,00
Dale & Marcy Kokot
T
422 E. Teri
018- 7202 -7461
Rental
100,00
Kyle & Amber Yoder
T
416 E. Teri
018 - 7202 -7460
Owner Occupied
100,00
Barbara Albertson
T
410 E. Teri
018 - 7202 -7459
Rental
100,00
Beverly Huston
T
409 E. Teri
018 - 7202 -7429
Owner Occupied
100.00
Matthew & Hermelina Powell
T
433 E. Chippewa
18- 7187 -6602
Owner Occupied
SDOOO
Jon Williams & Lisa Balazsi- Williams
T
429 E. Chippewa
018- 7187 -6601
Owner Occupied
100.00
Stephen & Paula Fielder
T
425 E. Chippewa
018- 7187 -6600
Owner Occupied
100.00
Brenda Large
T
421 E. Chippewa
018- 7187 -6599
Owner Occupied
100.00
Tatia Baxter
T
417 E. Chippewa
018 - 7187 -6598
Owner Occupied
100,00
Gary & Julianne Zapalski (see note)
T
411 E. Chippewa
018 - 7187 -6597
Owner Occupied
100,00
Terrif Smith
T
407 E. Chippewa
018 - 7187 -6596
Owner Occupied
100,00
Margarett Bird
T
403 E. Chippewa
18- 7187 -6595
Owner Occupied
100.00
Navarro Cruz Casimiro
T
416 E. Chippewa
018 - 7202 -7427
Owner Occupied
100.00
Mark & Danielle Fries
T
410 E. Chippewa
018.7187 -6558
Owner Occupied
100.00
Moran & Liar Carmel
T
406 E. Chippewa
018 - 7187 -6559
Rental
100.00
Mark Wilson
T
402 E. Chippewa
018 - 7187 -6560
Owner Occupied
100.00
5 Star Investment Group
T
320 E. Chippewa
018 - 7187 -6573
Rental
100,00
Cindy Korkhouse
T
318 E. Chippewa
018- 7187- 657301
Owner Occupied
100.00
Mary Lee
T
308 E. Chippewa
018 - 7187 -6574
Rental
100,00
Angela Dilts
T
302 E. Chippewa
018 - 7187 -6575
Owner Occupied
100,00
Kenneth & Cynthia Janiak
T
323 E. Chippewa
018 - 7187 -6594
Owner Occupied
100,00
XSEED LLC
T
319 E. Chippewa
018- 7187 -6593
Rental
100,00
MFC South Bend Holdings LLC
T
315 E. Chippewa
018- 7187 -6592
Rental
100,00
Roger & Nancy Morgan
T
309 E. Chippewa
018.7187 -6591
Owner Occupied
100,00
Christopher Ferry
T
303 E. Chippewa
018 - 7187 -6590
Owner Occupied
100.00
Jeff & Janmarie Schnabel
T
234 E. Chippewa
018- 7187 -6576
Owner Occupied
100.00
Jennifer Zarembka
T
230 E. Chippewa
018 - 7187 -6577
Owner Occupied
100.00
John Bourthoumieu
T
226 E. Chippewa
018- 7187.6578
Owner Occupied
100.00
TMq Properties LLC
T
222 E. Chippewa
018 - 7187 -6579
Rental
100.00
Margaret Romwafter
T
218 E. Chippewa
018- 7187 -6580
Owner Occupied
100.00
Dale & Marcy Kokot
T
212 E. Chippewa
018. 7187 -6581
Owner Occupied
100.00
Kathy Gipson
T
3806 Adddison
018 - 7187 -6582
Rental
100.00
Mary Beth Wiseman
T
233 E. Chippewa
018- 7187 -6589
Owner Occupied
100,00
Master Investments Holdings LLC
T
227 E. Chippewa
018- 7187 -6588
Rental
100.00
Patricia Draper
T
223 E. Chippewa
018 - 7187 -6587
Owner Occupied
100.00
Kevin Fautz
T
219 E. Chippewa
018- 7187 -6586
Owner Occupied
100.00
Maps Real estate Mgt. LLC
T
3733 Whitcomb
018 - 7187 -6585
Rental
100,00
Dixies Banicki & Vickie Bailey (see note)
T
207 E. Chippewa
018 - 7187 -6584
Owner Occupied
100.00
James & Penny Hughes
T
203 E. Chippewa
018- 7187 -6583
Rental
1OO,00
SB Real Estate 2 LLC & Life Estate for P. Mathes
T
139 E. Chippewa
018 -7187 -6531
Rental
100,00
David Hilliard
T
133 E. Chippewa
018- 7187 -6530
Owner Occupied
100.00
Palmer Funeral Home
T
3718 Michigan
018- 7163 -5758
Owner Occupied
100.00
Carl & Jennifer Ciesiolka
T
140 E. Chippewa
018 - 7187 -6533
Owner Occupied
100,00
Janice Buwa
T
134 E. Chippewa
018- 7187 -6532
Owner Occupied
100.00
Full Acquisition
F
30
Partial Acquisition
P
6
Tern ra Ac uisition
T
57
Exhibit "E"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #4
Professional Service Package for Acquisition of Properties and ROW for Fellows Street
Corridor Improvement Project
Title Services
Meridian Title Corporation
$100 /title search
36 title searches - identified
4 titles searches - unidentified
Total Contract Amount - $4,000.00
Acquisition Appraisals
Appraiser #1
Witt Appraisal Services
$375.00 /dwelling
$425 /rental unit
30 total residential unit acquisitions
6 partial residential acquisitions for right of way
30 dwelling units ($11,250.00)
6 rental units ($2,550.00)
Appraiser #2
Chris Michaels Appraisal Service
$375.00 /dwelling
$450 /rental unit
30 total residential unit acquisitions
6 partial residential acquisitions for right of way
30 dwelling units ($11,250.00)
6 rental units ($2,700.00)
Relocation Specialist Services
Margie Stankoven
Fees are "per relocation" no "per parcel"
Residential Relocation (owner or tenant) $3,150.00 per relocation
Business Relocation (business includes landlords) $3,150.00 per relocation
Personal Property Only Move $1,350.00 per relocation
30 dwelling units ($94,500.00)*
6 rental units ($18,900.00)*
*Breakdown based on current conditions
Title Services
MERIDIAN
TITLE CORPORATION
Corporate Office
Bill Schalliol
202 S. Michigan St, Ste. 300
City of South Bend, Indiana
South Bend, IN 46601
1 200 County-City Ci Building
y ty g
574 232.5845 FAX 574 289.1514
Warsaw, IN 46580
574 268.6300 FAX 574 268.6364
227 W. Jefferson Blvd.
Escrow Service center
South Bend, IN 46601
4440 Edison Lakes Pkwy, Ste. 100
Meridian Title Corporation
Mishawaka, IN 46545
574 271.3777 FAX 574 271.3788
Elkhart office
June 19, 2012
405 S. Second St., Ste. 100
Elkhart, IN 46516
574 293.3075 FAX 574 674.0070
Dear Bill,
Ft. Wayne North Office
1230 Ruston Pass, Ste. C
Fort Wayne, IN 46825
In request our response res to r t forproposal for title searches for the
p y a p ro p
260 490.1100 FAX 260 490.1130
Fellows Street Project, we make the following proposal.
Ft. Wayne South Office
7131 W. Jefferson Blvd.
Fort Wayne, IN 46804
Meridian Title Corporation is willing to prepare title searches for $100
260 434.9130 FAX 260 434.9134
for each tax key number. The searches can be completed within 1 -2
Ft. Wayne Georgetown
weeks after the order is placed.
6432 Georgetown North Blvd,
Fort Wayne, IN 46815
260 492.6242 FAX 260 492.9175
Please let us know at your earliest convenience if you would like us to
begin preparing these searches. As always it is a pleasure doing
Goshen office
308 W. Pike St.
business with the City of South Bend.
Goshen, IN 46526
574 533.7165 FAX 574 534.4386
Plymouth Office
607 W. Jefferson St.
Plymouth, IN 46563
Sincerely,
574 935.9380 FAX 574 935.9381
Warsaw Office
!.
110 E. Center St
Warsaw, IN 46580
574 268.6300 FAX 574 268.6364
Andrew T. McGuire
Counsel
Meridian Title Corporation
For a complete list of offices
in Indiana and Michigan,
please visit our website,
www.moridiantitio.com
or call any of the offices listed.
To // Free To Any Office • Telephone 800.777.1574 • FAX 800.891.3788 • www.meridiantitle.com
Acquisition Appraisal #1
Jun 1912 07:39a NVITT APPRAISAL 574- 277 -1455 P.
CITY OF SOUTH BEND
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
ATTN: BILL SCHALLIOL DATE: 06/19/2012
FROM: WITT APPRAISAL SERVICES, INC
DAVID M. WITT
51447 HIGHLAND SHORES DR
GRANGER, IN 46530
RE: PROPOSAL FOR ACQUISITION APPRAISALS:
FELLOWS STREET CORRIDOR PROJECT
I PROPOSE TO APPRAISE THE PROPERTIES AS REQUESTED FOR THE FELLOWS
STREET ACQUISTION LIST FROM THE DEPARTMENT OF COMMUNITY AND
ECONOMIC DEVELOPMENT DATED 6/18/2012. THE FEE WILL BE $375.00
PER DWELLING EXCEPT THAT INVESTMENT PROPERTY (RENTAL UNITS)
WILL BE $425.00. APPRAISALS WILL BE SUBMITTED WITHIN 7 DAYS OF
INSPECTION OF EACH DWELLING. IF YOU REQUIRE ANY FURTHER
INFORMATION, PLEASE DON'T HESITATE TO CALL.
THANK YOU FOR YOUR CONSIDERATION.
SINCERELY
DAVID M.
WITT APPRAISAL SERVICES, INC
witta pp raisal @comcast.net
PHONE 574 -277 -3700
FAX 574 -277 -1455
Acquisition Appraisal #2
Michaels Appraisal Services
116 S. St. Louis Blvd., South Bend, Indiana 46617
574 - 234 -5256
christopher .michaels @comcast.net
To: Bill Schalliol, Economic Development Planner
From: Christopher Michaels, Real Estate Appraiser
Date: June 19, 2012
Subject: Residential Appraisals Proposal
Per your request, the fee for my services to appraise the residential occupied dwellings for the
Fellow Street project will be $375 for each home. My fee for each investment (tenant occupied)
property will be $450. The projected time frame for completion will be seven days from date of
inspection of each property. I can start on this project immediately!
Thank you for your consideration. Please let me know if you have any questions or concerns
Best Regards
Christopher J Michaels
Relocation Specialist Services
Version 11 -29 -11
CONSULTING CONTRACT
This Contract ( "this Contract ") is made and entered into effective as of _, 2012 ( "Effective Date ")
by and between City of South Bend Community & Economic Development, acting by and through its
proper officials ( "LOCAL PUBLIC AGENCY" or "LPA "), and Stankoven and Company, Inc. ( "the
CONSULTANT "), [an individual residing in the State of Indiana] [a corporation/limited liability company
organized under the laws of the State of Indiana].
Project Description: Relocation of Displaced Occupants for the Fellows Street Project
RECITALS
WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion
more fully described in Appendix "A" attached hereto ( "Services ");
WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these
Services; and
WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection
therewith.
NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually
covenant and agree as follows:
The "Recitals" above are hereby made an integral part and specifically incorporated into this Contract.
SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and
deliverables described in Appendix "A" which is herein attached to and made an integral part of this
Contract.
SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The
information and services to be furnished by the LPA are set out in Appendix "B" which is herein attached
to and made an integral part of this Contract.
SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to
this Contract to the completion of the construction contract which is estimated to be
. A schedule for completion of the Services and deliverables is set forth in
Appendix "C" which is herein attached to and made an integral part of this Contract.
SECTION IV COMPENSATION. The LPA shall pay the CONSULTANT for the Services performed
under this Contract as set forth in Appendix "D" which is herein attached to and made an integral part of
this Contract. The maximum amount payable under this Contract shall not exceed $
SECTION V NOTICE TO PROCEED AND SCHEDULE, The CONSULTANT shall begin the
work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA,
and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is
herein attached to and made an integral part of this Contract.
Version 11 -29 -11
SECTION VI GENERAL PROVISIONS
1. Access to Records. The CONSULTANT shall maintain all books, documents, papers.
correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract,
and shall make such materials available at their respective offices at all reasonable times during the period
of this Contract and for five (5) years from the date of final payment under the terms of this Contract, for
inspection or audit by the LPA, or its authorized representative, and copies thereof shall be furnished free
of charge, if requested by the LPA, The CONSULTANT agrees that, upon request by any agency
participating in federally- assisted programs with whom the CONSULTANT has contracted or seeks to
contract, the CONSULTANT may release or make available to the agency any working papers from an
audit performed by the LPA of the CONSULTANT in connection with this Contract, including any books,
documents, papers, accounting records and other documentation which support or form the basis for the
audit conclusions and judgments.
2. Assignment; Successors.
A. The CONSULTANT binds its successors and assignees to all the terms and conditions of this
Contract. The CONSULTANT shall not assign or subcontract the whole or any part of this Contract
without the LPA's prior written consent, except that the CONSULTANT may assign its right to receive
payments to such third parties as the CONSULTANT may desire without the prior written consent of the
LPA, provided that the CONSULTANT gives written notice (including evidence of such assignment) to the
LPA thirty (30) days in advance of any payment so assigned. The assignment shall cover all unpaid
amounts under this Contract and shall not be made to more than one party.
B. Any substitution of SUB - CONSULTANTS must first be approved and receive written
authorization from the LPA. Any substitution or termination of a Disadvantaged Business Enterprise
( "DBE ") SUB - CONSULTANT must first be approved and receive written authorization from the LPA and
INDOT's Economic Opportunity Division Director.
3. Audit. The CONSULTANT acknowledges that it may be required to submit to an audit of funds
paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit
guidelines specified by the State and /or in accordance with audit requirements specified elsewhere in this
Contract.
4. Certification for Federal -Aid Contracts Lobbying Activities.
A. The CONSULTANT certifies, by signing and submitting this Contract, to the best of its
knowledge and belief after diligent inquiry, and other than as disclosed in writing to the LPA prior to or
contemporaneously with the execution and delivery of this Contract by the CONSULTANT, the
CONSULTANT has complied with Section 1352, Title 31, U.S. Code, and specifically, that:
i. No federal appropriated funds have been paid, or will be paid, by or on behalf of the
CONSULTANT to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with the awarding of any federal contracts, the making of
any federal grant, the making of any federal loan, the entering into of any cooperative agreement,
and the extension, continuation, renewal, amendment, or modification of any federal contract,
grant, loan, or cooperative agreement.
ii. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Fornl -LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions.
2
Version 11 -29 -11
B. The CONSULTANT also agrees by signing this Contract that it shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub -
recipients shall certify and disclose accordingly. Any person who fails to sign or file this required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
failure.
5. Chanus in Work. The CONSULTANT shall not commence any additional work or change the
scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for
additional compensation or time in the absence of a prior written approval and amendment executed by all
signatories hereto. This Contract may be amended, supplemented or modified only by a written document
executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for
additional compensation or time may be made by implication, oral agreements, actions, inaction, or course
of conduct.
6. Compliance with Laws.
A. The CONSULTANT shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby to be included herein are hereby
incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and ordinances, the
CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs
attributable to the original performance of any correction of such acts. The enactment of any state or
federal statute, or the promulgation of regulations thereunder, after execution of this Contract shall be
reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to
the provisions of this Contract.
B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S knowledge
and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or
contemporaneously with the execution and delivery of this Contract by the CONSULTANT:
i. State oflndiana Actions. The CONSULTANT has no current or outstanding criminal,
civil, or enforcement actions initiated by the State of Indiana pending and agrees that it
will immediately notify the LPA of any such actions. During the term of such actions,
CONSULTANT agrees that the LPA may delay, withhold, or deny work under any
supplement or amendment, change order or other contractual device issued pursuant to
this Contract.
ii. Professional Licensing Standards. The CONSULTANT, its employees and
SUBCONSULTANTS have complied with and shall continue to comply with all
applicable licensing standards, certification standards, accrediting standards and any
other laws, rules or regulations governing services to be provided by the CONSULTANT
pursuant to this Contract.
iii. Yiork Specific Standards. The CONSULTANT and its SUB - CONSULTANTS, if any,
have obtained, will obtain and /or will maintain all required permits, licenses, registrations
and approvals, as well as comply with all health, safety, and environmental statutes, rules,
or regulations in the performance of work activities for the LPA.
iv. Secretaryy of State Registration. If the CONSULTANT is an entity described in IC Title
23, it is properly registered and owes no outstanding reports with the Indiana Secretary of
State.
V. Debarment and Suspension of CONSULTANT. Neither the CONSULTANT nor its
principals are presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State and will immediately notify the
LPA of any such actions. The term "principal" for purposes of this Contract means an
officer, director, owner, partner, key employee, or other person with primary
Version 11 -29 -11
management or supervisory responsibilities, or a person who has a critical influence on or
substantive control over the operations of the CONSULTANT or who has managerial or
supervisory responsibilities for the Services.
vi. Debarment and Suspension of nay SUB - CONSULTANTS. The CONSULTANT's
SUB - CONSULTANTS are not presently debarred, suspended, proposed for debarment,
declared ineligible, or voluntarily excluded from entering into this Contract by any
federal agency or by any department, agency or political subdivision of the State. The
CONSULTANT shall be solely responsible for any recoupment, penalties or costs that
might arise from the use of a suspended or debarred SUBCONSULTANT. The
CONSULTANT shall immediately notify the LPA and INDOT if any
SUB - CONSULTANT becomes debarred or suspended, and shall, at the LPA's request,
take all steps required by the LPA to terminate its contractual relationship with the
SUB - CONSULTANT for work to be performed under this Contract.
C. Violations. In addition to any other remedies at law or in equity, upon CONSULTANT'S violation
of any of Section 7(A) through 7(B), the LPA may, at its sole discretion, do any one or more of the
following:
i. terminate this Contract; or
ii. delay, withhold, or deny work under any supplement or amendment, change order or
other contractual device issued pursuant to this Contract.
D. Disputes. if a dispute exists as to the CONSULTANT's liability or guilt in any action initiated by
the LPA, and the LPA decides to delay, withhold, or deny work to the CONSULTANT, the
CONSULTANT may request that it be allowed to continue, or receive work, without delay. The
CONSULTANT must submit, in writing, a request for review to the LPA. A determination by the LPA
under this Section 7.13 shall be final and binding on the parties and not subject to administrative review.
Any payments the LPA may delay, withhold, deny, or apply under this section shall not be subject to
penalty or interest under IC 5 -17 -5.
7. Condition of Payment. The CONSULTANT must perform all Services under this Contract to the
LPA's reasonable satisfaction, as determined at the discretion of the LPA and in accordance with all
applicable federal, state, local laws, ordinances, rules, and regulations. The LPA will not pay for work not
performed to the LPA's reasonable satisfaction, inconsistent with this Contract or performed in violation
of federal, state, or local law (collectively, "deficiencies ") until all deficiencies are remedied in a timely
manner.
8. Confidentiality of LPA Information.
A. The CONSULTANT understands and agrees that data, materials, and information disclosed to the
CONSULTANT may contain confidential and protected information. Therefore, the CONSULTANT
covenants that data, material, and information gathered, based upon or disclosed to the CONSULTANT for
the purpose of this Contract, will not be disclosed to others or discussed with third parties without the
LPA's prior written consent.
B. The parties acknowledge that the Services to be performed by the CONSULTANT for the LPA
under this Contract may require or allow access to data, materials, and information containing Social
Security numbers and maintained by the LPA in its computer system or other records. In addition to the
covenant made above in this section and pursuant to 10 IAC 5- 3 -1(4), the CONSULTANT and the LPA
agree to comply with the provisions of IC 4 -1 -10 and IC 4 -1 -11. If any Social Security number(s) is /are
disclosed by the CONSULTANT, the CONSULTANT agrees to pay the cost of the notice of disclosure of
a breach of the security of the system in addition to any other claims and expenses for which it is liable
under the terms of this Contract.
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9. Delays and Extensions. The CONSULTANT agrees that no charges or claim for damages shall
be made by it for any minor delays from any cause whatsoever during the progress of any portion of the
Services specified in this Contract. Such delays, if any, shall be compensated for by an extension of time
for such period as may be determined by the LPA subject to the CONSULTANT's approval, it being
understood, however, that permitting the CONSULTANT to proceed to complete any services, or any part
of them after the date to which the time of completion may have been extended, shall in no way operate as
a waiver on the part of the LPA of any of its rights herein. In the event of substantial delays or extensions,
or change of any kind, not caused by the CONSULTANT, which causes a material change in scope,
character or complexity of work the CONSULTANT is to perform under this Contract, the LPA at its sole
discretion shall determine any adjustments in compensation and in the schedule for completion of the
Services. CONSULTANT must notify the LPA in writing of a material change in the work immediately
after the CONSULTANT first recognizes the material change.
10. Non - Discrimination and DBE Requirements.
A. Notice is hereby given to the CONSULTANT and any SUB - CONSULTANT, and both agree, that
failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this
Contract and, after notification and failure to promptly cure such breach, may result in termination of this
Contract or such remedy as the LPA deems appropriate. The referenced section requires the following
assurance to be included in all subsequent contracts between the CONSULTANT and any SUB -
CONSULTANT:
The CONSULTANT or SUB - CONSULTANT shall not discriminate on the basis of race, color,
national origin, or sex in the performance of this Contract. The CONSULTANT shall carry out
applicable requirements of 49 CFR Part 26 in the award and administration of DOT - assisted
contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of
this Contract, which may result in the termination of this Contract or such other remedy, as the
LPA, as the sub - recipient and INDOT, as the recipient, deem appropriate.
B. During the performance of this Contract, the CONSULTANT agrees as follows:
The CONSULTANT shall comply with the Regulations relative to nondiscrimination in
Federally- assisted programs of the Department of Transportation Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to in this part as the Regulations), which are herein incorporated by reference
and made a part of this Contract.
ii. In the event of the CONSULTANT's noncompliance with the nondiscrimination
provisions of this Contract, the LPA shall impose such sanctions as it may determine to
be appropriate, including, but not limited to: (a) withholding of payments to the
CONSULTANT under this Contract until the CONSULTANT complies, and/or (b)
cancellation, termination or suspension of this Contract, in whole or in part.
C. The CONSULTANT shall make good faith efforts to achieve the DBE percentage goal that may
be included as part of this Contract with the approved DBE SUB - CONSULTANTS identified on its
Affirmative Action Certification submitted with its Letter of Interest, or with approved amendments. Any
changes to a DBE firm listed in the Affirmative Action Certification must be requested in writing and
receive prior approval by the LPA and INDOT's Economic Opportunity Division Director. After this
Contract is completed and if a DBE SUB - CONSULTANT has performed services thereon, the
CONSULTANT must complete, and return, a Disadvantaged Business Enterprise Utilization Affidavit
( "DBE -3 Forn ") to INDOT's Economic Opportunity Division Director. The DBE -3 Form requires
certification by the CONSULTANT AND DBE SUB - CONSULTANT that the committed contract amounts
have been paid and received.
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11. Disputes
A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to
act promptly and in good faith to resolve such disputes in accordance with this Section 12. Time is of the
essence in the resolution of disputes.
B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue
without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute.
Should the CONSULTANT fail to continue to perform its responsibilities regarding all non - disputed work,
without delay, any additional costs (including reasonable attorneys' fees and expenses) incurred by the
LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT.
C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party
must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10)
business days, unless the parties mutually agree in writing to extend this period, following the written
notification to resolve the dispute. If the dispute is not resolved within ten (10) business days, a dissatisfied
party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may
withhold payments on disputed items pending resolution of the dispute.
12. Drug -Free Workplace Certification.
A. The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and
maintain a drug -free workplace, and that it will give written notice to the LPA within ten (10) days after
receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted
of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation
of the certification may result in sanctions including, but not limited to, suspension of Contract payments,
termination of this Contract and /or debarment of contracting opportunities with the LPA.
B. The CONSULTANT certifies and agrees that it will provide a drug -free workplace by:
Publishing and providing to all of its employees a statement notifying their employees
that the unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the CONSULTANT "s workplace and specifying the actions
that will be taken against employees for violations of such prohibition;
ii. Establishing a drug -free awareness program to inform its employees of (1) the dangers of
drug abuse in the workplace; (2) the CONSULTANT's policy of maintaining a drug -free
workplace; (3) any available drug counseling, rehabilitation, and employee assistance
programs; and (4) the penalties that may be imposed upon an employee for drug abuse
violations occurring in the workplace;
iii. Notifying all employees in the statement required by subparagraph 13.B.i above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for
a violation occurring in the workplace no later than five (5) days after such conviction;
iv. Notifying in writing the LPA within ten (10) days after receiving notice from an
employee under subdivision 13.B.iii(2) above, or otherwise receiving actual notice of
such conviction;
Within thirty (30) days after receiving notice under subdivision 13.B.iii(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee who
is convicted of drug abuse violations occurring in the workplace: (1) take appropriate
personnel action against the employee, up to and including termination; or (2) require
such employee to satisfactorily participate in a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State or local health, law enforcement,
or other appropriate agency; and
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vi. Making a good faith effort to maintain a drug -free workplace through the implementation
of subparagraphs 13.B.i through 13.B.v above.
13. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of
perjury that he /she /it does not knowingly employ an unauthorized alien.
The CONSULTANT 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. The CONSULTANT is not required
to participate should the E -Verify program cease to exist. Additionally, the CONSULTANT is not required
to participate if the CONSULTANT is self - employed and does not employ any employees.
The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The
CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT
subsequently learns is an unauthorized alien.
The CONSULTANT shall require his /her /its subcontractors, who perform work under this Contract, to
certify to the CONSULTANT that the SUB - CONSULTANT does not knowingly employ or contract with
an unauthorized alien and that the SUB - CONSULTANT has enrolled and is participating in the E- Verify
program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a
contract with a SUB - CONSULTANT.
The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later
than thirty (30) days after being notified by the LPA.
14. Force Maieure. In the event that either party is unable to perform any of its obligations under
this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war,
terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or
similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force
Majeure Event), the party who has been so affected shall immediately give written notice to the other party
of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances
causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of
such written notice, all obligations under this Contract shall be immediately suspended for as long as such
Force Majeure Event continues and provided that the affected party continues to use commercially
reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If
the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force
Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice,
terminate this Contract.
15. Governing Laws. This Contract shall be construed in accordance with and governed by the laws
of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT
consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana.
16. Liability. If the CONSULTANT or any of its SUB - CONSULTANTS fail to comply with any
federal requirement which results in the LPA's repayment of federal funds to INDOT the CONSULTANT
shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the
CONSULTANT and /or its SUB - CONSULTANTS.
17. Indemnification. The CONSULTANT agrees to indemnify the LPA, its officials, and employees,
and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other
expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct
by, the CONSULTANT and /or its SUB - CONSULTANTS, if any, under this Contract. The LPA shall not
provide such indemnification to the CONSULTANT.
18. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in
an individual capacity and not as agents, employees, partners, joint ventures or associates of one another.
The employees or agents of one party shall not be deemed or construed to be the employees or agents of the
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other party for any purposes whatsoever. Neither party will assume liability for any injury (including death)
to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees
of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and
workers' compensation insurance for its employees.
19. Insurance - Liability for Damages.
A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this
Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or
omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA
shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or
omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or
deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the
LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the
CONSULTANT from any liability from the CONSULTANT'S failure to fulfill its obligations under this
Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or
deficiencies which the CONSULTANT knew or should have known existed.
B. During construction or any phase of work performed by others based on Services provided by the
CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of
interpreting the information, and /or to correct any negligent act, error or omission. The CONSULTANT
shall prepare any plans or data needed to correct the negligent act, error or omission without additional
compensation, even though final payment may have been received by the CONSULTANT. The
CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project.
C. The CONSULTANT shall be responsible for damages including but not limited to direct and
indirect damages incurred by the LPA as a result of any negligent act, error or omission of the
CONSULTANT, and for the LPA's losses or costs to repair or remedy construction. Acceptance of the
Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction.
D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described
below from the date of the first authorization to proceed until the LPA's acceptance of the work product.
The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT
must obtain insurance written by insurance companies authorized to transact business in the State of
Indiana and licensed by the Department of Insurance as either admitted or non - admitted insurers.
E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and
coverage in the event of any claims against the CONSULTANT, its officers, employees, sub - consultants or
any agent of any of them, and the obligations of indemnification in Section 17 herein shall survive the
exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest
extent of the law.
F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior
to the commencement of this Contract. Any deductible or self - insured retention amount or other similar
obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to
provide insurance as required in this Contract is a material breach of Contract entitling the LPA to
immediately terminate this Contract.
Professional Liability Insurance
The CONSULTANT must obtain and carry professional liability insurance as follows: For the LPA
Prequalification Work Types 12.8 the CONSULTANTS shall provide not less than $250,000.00
professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent
performance.
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Il. Commercial General Liability Insurance
The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For
INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the
CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage
shall be on an occurrence form, and include contractual liability. The policy shall be amended to include
the following extensions of coverage:
1. Exclusions relating to the use of explosives, collapse, and underground damage
to property shall be removed.
The policy shall provide thirty (30) days notice of cancellation to LPA.
The CONSULTANT shall name the LPA as an additional insured.
IIl. Automobile Liability
The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed,
rented, or non -owned autos used by employees or others on behalf of the CONSULTANT for the conduct
of the CONSULTANT's business, for an amount not less than $1,000,000.00 Combined Single Limit for
Bodily Injury and Property Damage. The term "automobile" shall include private passenger autos, trucks,
and similar type vehicles licensed for use on public highways. The policy shall be amended to include the
following extensions of coverage:
Contractual Liability coverage shall be included.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
The CONSULTANT shall name the LPA as an additional insured.
IV. Watercraft Liability (When Applicable)
1. When necessary to use watercraft for the performance of the CONSULTANT's
Services under the terms of this Contract, either by the CONSULTANT, or any SUB -
CONSULTANT, the CONSULTANT or SUB - CONSULTANT operating the watercraft shall
carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily
Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall
apply to owned, non - owned, and hired watercraft.
2. If the maritime laws apply to any work to be performed by the CONSULTANT
under the terms of the agreement, the following coverage shall be provided:
a. United States Longshoremen & Harbor workers
Maritime Coverage - Jones Act
The policy shall provide thirty (30) days notice of cancellation to the LPA.
4. The CONSULTANT or SUB - CONSULTANT shall name the LPA as an
additional insured.
V. Aircraft Liability (When Applicable)
1. When necessary to use aircraft for the performance of the CONSULTANT's
Services under the terms of this Contract, either by the CONSULTANT or SUB - CONSULTANT,
the CONSULTANT or SUB - CONSULTANT operating the aircraft shall carry aircraft liability
insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property
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Damage, including Passenger Liability. Coverage shall apply to owned, non -owned and hired
aircraft.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
3. The CONSULTANT or SUB - CONSULTANT shall name the LPA as an
additional insured.
20. Merger and Modification. This Contract constitutes the entire agreement between the parties.
No understandings, agreements or representations, oral or written, not specified within this Contract will be
valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any
manner, except by written agreement signed by all necessary parties.
21. Notice to Parties: Any notice, request, consent or communication (collectively a "Notice ") under
this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or
registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight
delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows:
Notices to the LPA shall be sent to:
Notices to the CONSULTANT shall be sent to:
Stankoven and Company, Inc.
14984 County Road 14
Middlebury, IN 46540 -9532
or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless
the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice
shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the
date deposited with the United States mail properly addressed; or (iii) the next day when delivered during
business hours to overnight delivery service, properly addressed and prior to such delivery service's cut off
time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall
not be effective.
22. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this
Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments.
(2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4) attachments prepared
by the CONSULTANT. All of the foregoing are incorporated fully by reference.
23. Ownership of Documents and Materials. All documents, records, programs, data, film, tape,
articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to
execution of this Contract, but specifically developed under this Contract shall be considered "work for
hire" and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials
( "Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such
assignments or other documents as may be requested by the LPA. Use of these materials, other than related
to contract performance by the CONSULTANT, without the LPA's prior written consent, is prohibited.
During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or
damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in
the Services provided herein while any such Work Product is in the possession or control of the
CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT's expense. The
CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during
the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after
diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of
this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the
intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use
of its deliverables described in Appendix "A" on other projects without the express written consent of the
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CONSULTANT or as provided in Appendix "A ". The LPA acknowledges that it has no claims to any
copyrights not transferred to INDOT under this paragraph.
24. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal
policies and procedures.
25. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's
fees, except as required by Indiana law in part, IC 5 -17 -5, I. C. 34 -54 -8, and I. C. 34 -13 -1.
26. Severability. The invalidity of any section, subsection, clause or provision of this Contract shall
not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract.
27. Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims
made for damages against the CONSULTANT resulting from Services performed under this Contract and
shall be responsible for keeping the LPA currently advised as to the status of such claims. The
CONSULTANT shall send notice of claims related to work under this Contract to:
28. Sub - consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to
the LPA, that the CONSULTANT will obtain signed Sub - consultant Acknowledgement forms, from all
SUB - CONSULTANTS providing Services under this Contract or to be compensated for Services through
this Contract. The CONSULTANT agrees to provide signed originals of the Sub - consultant
Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB -
CONSULTANT.
29. Substantial Performance. This Contract shall be deemed to be substantially performed only
when fully performed according to its terms and conditions and any modification or Amendment thereof.
30. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of
this Contract.
31. Termination for Convenience.
A. The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines
that such termination is in its best interests. Termination or partial termination of Services shall be effected
by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the
termination effective date, specifying the extent to which performance of Services under such termination
becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the
effective date of termination. The LPA will not be liable for Services performed after the effective date of
termination.
B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it
is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches,
sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared
under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the
event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall
pay to the LPA any damage (including costs and reasonable attorneys' fees and expenses) it may sustain by
reason thereof.
32. Termination for Default.
A. With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may
terminate this Contract in whole or in part if
(i) the CONSULTANT fails to:
1. Correct or cure any breach of this Contract within such time, provided that if such cure is
not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days
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from such notice to effect such cure if the CONSULTANT promptly commences and diligently
pursues such cure as soon as practicable;
2. Deliver the supplies or perform the Services within the time specified in this Contract or
any amendment or extension;
3. Make progress so as to endanger performance of this Contract; or
4. Perform any of the other provisions of this Contract to be performed by the
CONSULTANT; or
(ii) if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect
at the time made or deemed to be made.
B. If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the
manner the LPA considers appropriate, supplies or services similar to those terminated, and the
CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the
CONSULTANT shall continue the work not terminated.
C. The LPA shall pay the contract price for completed supplies delivered and Services accepted. The
CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered
and accepted and for the protection and preservation of the property. Failure to agree will be a dispute
under the Disputes clause (see Section 14). The LPA may withhold from the agreed upon price for
Services any sum the LPA determine necessary to protect the LPA against loss because of outstanding liens
or claims of former lien holders.
D. The rights and remedies of the LPA in this clause are in addition to any other rights and remedies
provided by law or equity or under this Contract.
E. Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it
shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps
to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written
notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures
to collect monies due up to and including the date of termination, including reasonable attorney fees and
expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one
hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and
diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for
Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that
it has no right of termination for non - material breaches by the LPA.
33. Waiver of Rights. No rights conferred on either party under this Contract shall be deemed
waived, and no breach of this Contract excused, unless such waiver or excuse is approved in writing and
signed by the party claimed to have waived such right. Neither the LPA's review, approval or acceptance
of, nor payment for, the Services required under this Contract shall be construed to operate as a waiver of
any rights under this Contract or of any cause of action arising out of the performance of this Contract, and
the CONSULTANT shall be and remain liable to the LPA in accordance with applicable law for all
damages to the LPA caused by the CONSULTANT's negligent performance of any of the Services
furnished under this Contract.
34. Work Standards /Conflicts of Interest.
The CONSULTANT shall understand and utilize all relevant INDOT standards including, but not
limited to, the most current version of the Indiana Department of Transportation Design Manual, where
applicable, and other appropriate materials and shall perform all Services in accordance with the standards
of care, skill and diligence required in Appendix "A" or, if not set forth therein, ordinarily exercised by
competent professionals doing work of a similar nature.
35. No Third -Party Beneficiaries.
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This Agreement is solely for the benefit of the parties hereto. Other than the indemnity rights under this
Contract, nothing contained in this Agreement is intended or shall be construed to confer upon any person
or entity (other than the parties hereto) any rights, benefits or remedies of any kind or character whatsoever.
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Non - Collusion.
The undersigned attests, subject to the penalties for perjury, that he /she is the CONSULTANT, or that
he /she is the properly authorized representative, agent, member or officer of the CONSULTANT, that
he /she has not, nor has any other member, employee, representative, agent or officer of the
CONSULTANT, directly or indirectly, to the best of his /her knowledge, entered into or offered to enter
into any combination, collusion or agreement to receive or pay, and that he /she 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 this Contract.
In Witness Whereof, the CONSULTANT and the LPA have, through duly authorized representatives,
entered into this Contract. The parties having read and understand the forgoing terms of this Contract do
by their respective signatures dated below hereby agree to the terms thereof.
CONSULTANT
Signature
Margie L. Stankoven
(Print or type name and title)
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CITY OF SOUTH BEND,
COMMUNITY AND ECONOMIC
DEVELOPMENT
Signature
(Print or type name and title)
Signature
(Print or type name and title)
Signature
(Print or type name and title)
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APPENDIX "A"
SERVICES TO BE FURNISHED BY CONSULTANT:
In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of
the appropriate regulations and requirements of the 49 CFR PART 24.
The CONSULTANT shall be responsible for performing the following activities:
Relocation Consulting Services as required by 49 CFR Part 24
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA:
The LPA shall furnish the CONSULTANT with the following:
(TO BE DETERMINED -MAY INCLUDE THE FOLLOWING)
1. A Copy of the Appraisal, the review appraisal, and Relocation Breakout
Sheet
2. Pertinent Letterhead and Claim Vouchers sufficient to process relocation
claims for all relocated entities.
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APPENDIX "C"
SCHEDULE:
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No work under this Contract shall be performed by the CONSULTANT until the
CONSULTANT receives a written notice to proceed from the LPA.
All work by the CONSULTANT under this Contract shall be completed and
delivered to the LPA for review and approval within the approximate time periods shown
in the following submission schedule:
APPENDIX "D"
FEE SCHEDULE:
Fees are "per relocation" not "per parcel"
Residential Relocation (owner or tenant) $3,150.00 per relocation
Business Relocation (business includes landlords) $3,150.00 per relocation
Personal Property Only Move: $1,350.00 per relocation
PAYMENT SCHEDULE:
RESIDENTIAL:
70% OF FEE IS BILLABLE WHEN 90 DAY NOTICE IS ISSUED
30% OF FEE SCHEDULE IS BILLABLE WHEN PROPERTY IS VACATED
BUSINESS:
70% OF FEE IS BILLABLE WHEN MOVE AMOUNT OR PAYMENT IN LIEU
AMOUNT IS CALCUATED /90 DAY/ NOTICE ISSUED
30% OF FEE IS BILLABLE WHEN PROPERTY IS VACATED
PERSONAL PROPERTY ONLY MOVE:
70% WHEN MOVE AMOUNT IS DETERMINED
30% WHEN PROPERTY IS VACATED
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