HomeMy WebLinkAboutNo. 3047 approving/authorizing the execution of an amendment to the addendum to the master agency agreement (Olive Road Right-of-Way Acquisition - Supplement #4)14
RESOLUTION NO. 3047
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Olive Road Right -Of -Way Acquisition - Supplement #4)
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
CW behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of
an Addendum on February 19, 2010; and
WHEREAS, the Commission amended the Addendum with Supplement #1 by
way of Resolution 3024 on April 24, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #2 by
way of Resolution 3025 on April 24, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #3 by
way of Resolution 3026 on April 24, 2012; and
CW WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW THEREFORE BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement (Olive Road Right -Of -Way Acquisition -
Supplement #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 14, 2012, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
Marcia I. Jo , President
South Bend Redevelopment Commission
ATTEST:
A,40-24� iwol�
Donald Alford, r., Secretary
South Bend Redevelopment Commission
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Olive Road Right -Of -Way Acquisition - Supplement #4)
(2652 -10, 3024 -12, 3025 -12, 3026 -12, 3047 -12)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 20th day of June, 2012, by and between
the South Bend Department of Redevelopment, acting by and through its Redevelopment
Commission (the "Commission ") and the City of South Bend, Indiana, a municipal
corporation duly organized and existing pursuant to the laws of the State of Indiana,
acting by and through its Board of Public Works (the "BPW ") for purposes of the
Commission designating the BPW to act as the Commission's agent to undertake the
Olive Road Right -Of -Way Acquisition - Supplement #4 (the "Project ")
CWHEREAS, effective January 1, 2012, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2012; and
WHEREAS, effective January 1, 2012, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of
an Addendum on February 19, 2010
WHEREAS, the Commission amended the Addendum with Supplement #1 by
ILI way of Resolution 3024 on April 24, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #2 by
C, w f Resolution ay o eso ution 3025 on April 24, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #3 by
way of Resolution 3026 on April 24, 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 Su pp lement #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.
AN
IN WITNESS WHEREOF the undersigned execute this
g Addendum to Master
Agency Agreement to be effective as of the date first written above.
(Signature Page Follows)
ra
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14
ATTEST:
South Bend Redevelopment Commission
G
ATTEST:
Linda Martin, Clerk
14
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
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
C�J
Exhibit "A"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION
See attached Acquisition Information prepared by DLZ, Inc.
and approved by the Board of Public Works on February 22, 2010
AN
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Exhibit "A"
The Olive Road Right -Of -Way Acquisition Project consists of the acquisition of
parts of sixteen (lb) parcels in the corridor between Lincoln Vijay West and Nimtz
Parkway /Old Cleveland Road. The property acquisition is mainly located on the
east side of Olive Road with one parcel acquisition located on the northwest corner
of Olive and Lincoln Way West,
Sec attached Right -Of- -Way Tracking Sheet for specific information about the
appraised value of each parcel A trap of the target acquisition area identifying each
parcel hzs also been included with this Exhibit.
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Exhibit "B"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #1
See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated
February 2, 2012, and approved by the Board of Public Works on May 15, 2012
A
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A
1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOUS.FVARD
SOUTH BEND, INDIANA 466oI -1830
CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
May 15, 2012
Mr. Brian Smith
DLZ Indiana, LLC
2211 East Jefferson Boulevard
South Bend, Indiana 46615
PHONE 5741 23 5-92,51
FAX 5741235-9171
RE: Professional Services Supplemental Agreement No. l
Olive Road Right of Way Acquisition
Professional Services for 30% Design and Right of Way Plats for Olive -Pine Connector
Project No. 112 -031
Dear Mr. Smith:
The Board of Public Works, at its meeting held on May 15, 2012, approved the above
referenced Professional Services Supplemental Agreement No. I in the amount of $35,000.00.
Enclosed is a copy of the Professional Services Supplemental Agreement No. 1 for your
records.
If you have any questions, please contact me at (574) 235 -9251.
Enclosure
c: Bill Schalliol, CED
Toy Villa, Engineering
John Engstrom, Engineering
Beth Leonard, CED
Judy Love, CED
Sincerely,
Linda M. Martin, Clerk
G
SUPPLEMENTAL AGREEMENT NO. 1
This Supplemental Agreement No. 1 is made and entered into this & day of
2012, by and between the CITY OF SOUTH BEND, INDIANA, acting by and
thro h the BOARD OF PUBLIC WORKS, hereinafter referred to as the "OWNER ", and
DLZ INDIANA, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana 46615,
hereinafter referred to as the "ENGINEER ".
WITNESSETH
WHEREAS, the OWNER and ENGINEER did, on April 9, 2007 enter into an
agreement for preparation of construction documents for preparation of construction
documents for the widening and reconstruction of Olive Road from U.S. 20 to 300 feet
south of Nimtz Parkway (Phase 1), and the construction of an Olive Road /Pine Road
Connector (Phase 2), and
WHEREAS, the OWNER has requested certain additional services and
changes not included in the original contract or supplemental agreement,
specifically the design of 30% plans of an Olive Road /Pine Road connector for the
purposes of establishing the roadway right of way.
ko� NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above
referenced Design Contract as follows:
Add Section F. to Appendix "A" as follows:
F. Phase 2 30% Design Plans and Right of Way Engineering, as
described herein, shall consist of the following:
1. Design of Olive Road /Pine Road Connector, for Alignment Planning
(30% Design, from 2,100 feet north of the Edison Road /Pine Road
intersection to the US 20 10live Road intersection, approximately
3,700 feet in length. The design shall include a three -lane roadway
with new concrete pavement, integral curb, and a storm sewer
system. The design speed of Olive Road /Pine Road Connector will
be 40 mph.
2. When authorized by the OWNER, the ENGINEER shall:
a. Order title insurance for each parcel from which there will be a
taking.
b. Prepare a plat and legal description for each parcel of right of
way to be acquired, both permanent and temporary.
Add Section G. to Appendix "A" as follows:
G. Right of Way Management shall consist of the following:
1 of 6
Supplemental Agreement No. 1
C. The Plans for Phase 1 will be ready for letting in approximately March
2093, based on a notice to proceed with Phase 1 by February 28, 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
D. The Plans for Phase 2 will be ready for letting in approximately March
2094, based on a notice to proceed with Phase 2 by June 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
IV. Add Section E to Appendix "C as follows:
E. Phase 2 30% Design Plans and Right of Way Engineering
9. Design of Olive Road /Pine Road Connector 30% Plans within 60
calendar days after receipt of Notice to Proceed for this phase.
2. Plats and Legal Descriptions for Phase 2 within 30 calendar days of
receipt from the OWNER of approval of the right of way limits.
2of6
Supplemental Agreement No. 1
9.
Includes the administration of subconsu/tant agreements and
coordination of title work, appraisal problem analysis, appraisals,
review appraisals, just compensation certification, buying and
required approvals from the Client, INDOT and FHWA. Mortgage
releases will be obtained where value is greater than $90,000.00.
Coordination does not include property management, or relocation,
if required.
2.
ENGINEER shall obtain partial mortgage re /ease(s) and /or additional
lien release(s) when directed by OWNER to provide clear title to each
parcel.
3.
ENGINEER shall provide as needed notarization services for
acceptance of offers and execution of conveyance documents by
property owners.
4.
ENGINEER shall attempt to resolve right of way issues and
coordinate Administrative Settlements, upon approval and direction
by OWNER, if necessary.
5.
Pursuant to successful acquisition of executed conveyance
documents and lien release documents, if applicable, ENGINEER
shall submit pay request memorandums, copies of executed
agreements and conveyance documents and taxpayer number
identification request forms to OWNER for review and processing of
payment for compensation of right of way acquisition.
6.
ENGINEER shall coordinate with OWNER for distribution of checks
and verification of receipt of checks by property owners.
111. Modify
Sections C & D to Appendix "C" as follows:
C. The Plans for Phase 1 will be ready for letting in approximately March
2093, based on a notice to proceed with Phase 1 by February 28, 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
D. The Plans for Phase 2 will be ready for letting in approximately March
2094, based on a notice to proceed with Phase 2 by June 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
IV. Add Section E to Appendix "C as follows:
E. Phase 2 30% Design Plans and Right of Way Engineering
9. Design of Olive Road /Pine Road Connector 30% Plans within 60
calendar days after receipt of Notice to Proceed for this phase.
2. Plats and Legal Descriptions for Phase 2 within 30 calendar days of
receipt from the OWNER of approval of the right of way limits.
2of6
Supplemental Agreement No. 1
C:
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14
V. Sections A.1 & 2 of Appendix "D" is modified as follows-
A. Amount of Payment
1. The ENGINEER shall receive as payment for the work performed under
this Agreement the total fee not to exceed of $4,449,,650:99 $1,132,205.00
unless a modification of agreement is approved in writing by the OWNER.
2. The ENGINEER will be paid for the work performed under Appendix "A" of
this Agreement on a Lump Sum basis in accordance with the following
schedule, except as noted in the items below:
3of6
Supplemental Agreement No. 1
Description - Phase 1 Design and Ri ht of Way Engineering
Amount
a.
Field Survey, Including Location Control Route Survey Plat
$115,000.00
b.
Roadway Design and Plans, Phase 1
$220,000.00
C.
15% Concept Design of Pine Road Connector intersection w/ US 20
$3,000.00
d.
Lighting Design and Plans, Phase 1
$19,000.00
e.
Utility Coordination
$5,000.00
f.
Erosion Control Plans and Notice of Intent Letter
$4,000.00
g.
INDOT Cut Road Permit & Coordination, Hourly Rate
$2,500.00
h.
Title Insurance and Updates, as required 17 Parcels
$5,525.00
i. I
RNV Engineering 17 Parcels @ $2,250 Each
$38,250.00
j.
R/W Coordination, Hourly Rate
$19195.00
k.
RNV Staking, Hourly Rate, as required 32 Parcels $650 Each
$20,800.00
I.
R/W Dedication Plat
$12,000.00
m.
Public Information Meeting, Hourly Rate
$2,585.00
Subtotal, Phase 1 Design and Right of Wa En ineerin
$466,855.00
3of6
Supplemental Agreement No. 1
Description - Phase 1 Right of Way Buying, Bidding and Construction Amount
Amount
Phase Services
n.
Appraising, Right of Way Management & Buying Services (1st & 2nd Appraisals) (34 $224,000.00
q2.
Appraisals @ $2,000 Each, 17 Buying Parcels @ $3,000 Each, Right of Way
$3,250.00
Management — 17 Each
o.
Bid Phase Services, Hourly Rate $3,000.00
p.
Pre -Con truction Conference, Hourly Rate $1,500.00
$10,000.00
Construction Phase Office Services, Hourly Rate $6,000.00
Subtotal, Phase 2 30% Design and Right of Way Engineerin
Subtotal, Phase 1 Right of Way Buying, Bidding and Construction $234,500.00
Phase Services
3of6
Supplemental Agreement No. 1
Description — Phase 2 30% Design Plans and Right of Way
En ineerin
Amount
1.
Roadway 30% Design and Plans, Phase 2
$62,000.00
q2.
Title Insurance and Updates, as required 10 Parcels $325 Each '
$3,250.00
p3-
R/W Engineering (10 Parcels $2,900 Each
$29,000.00
r1.
Pick-up Field Survey
$10,000.00
Subtotal, Phase 2 30% Design and Right of Way Engineerin
$104,250.00
3of6
Supplemental Agreement No. 1
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Total, Phase 7 and Phase 2 1 $1,132,205.00
VI. Amendment:
This contract amendment decreases the current contract fee of $1,149,650.00 by
$17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original
contract dated April 9, 2007 shall remain in full force and effect, except as herein
modified.
The undersigned attests, subject to the penalties for perjury, that he is the contract
party, or that he is the representative, agent, member or officer of the ENGINEER that
he has not, nor has any other member, employee, representative, agent or officer of the
firm, company, corporation or partnership represented by him, directly or indirectly, to
the best of his knowledge, entered into or offered to enter into any combination,
collusion of agreement to receive or pay, and that he has not received or paid, any sum
of money or other consideration for the execution of this Contract other than that which
appears upon the face of the Contract.
4of6
Supplemental Agreement No
Description - Phase 2: Finish Design Plans
Amount
r.
Pick-up Field Survey
$10,000.00
s.
Roadway Design and Plans, Final Phase 2 - Finalize from 30% plans
$145,000.00
t.
u.
Traffic Signal Warrant Analysis and Traffic Counts
Traffic Signal Design 1 @ $7,500
$2,800.00
$7,500.00
v.
Lighting Design and Plans, Phase 2
$16,400.00
W.
Utility Coordination
$5,000.00
X.
Erosion Control Plans and Notice of Intent Letter
$4,000.00
Y-
INDOT Cut Road Permit & Coordination, Hourly Rate
$2,500.00
ab.
R/W Coordination, Hourly Rate
$8,400.00
ac.
R/W Staking, Hourly Rate, as required 10 Parcels @ $650 Each
$6,500.00
ad.
R/W Dedication Plat
$12,000.00
ae.
public Information Meeting, Hourly Rate
$5,000.00
Subtotal, Phase 2 Finish Design
$225,100.00
Total, Phase 7 and Phase 2 1 $1,132,205.00
VI. Amendment:
This contract amendment decreases the current contract fee of $1,149,650.00 by
$17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original
contract dated April 9, 2007 shall remain in full force and effect, except as herein
modified.
The undersigned attests, subject to the penalties for perjury, that he is the contract
party, or that he is the representative, agent, member or officer of the ENGINEER that
he has not, nor has any other member, employee, representative, agent or officer of the
firm, company, corporation or partnership represented by him, directly or indirectly, to
the best of his knowledge, entered into or offered to enter into any combination,
collusion of agreement to receive or pay, and that he has not received or paid, any sum
of money or other consideration for the execution of this Contract other than that which
appears upon the face of the Contract.
4of6
Supplemental Agreement No
Description - Phase 2 Buying, Bidding and Construction Phase Amount
Services
af.
Appraising, Right of Way Management and Buying Services (1st & 2nd Appraisals) $31,000.00
(14 Appraisals @ $2,000 Each, 7 Buying Parcels @ $3,000 Each, Right of Way
Management — 7 Each ) *
ag.
I Bid Phase Services Hourly Rate $3,000.00
ah.
Pre - Construction Conference, Hourly Rate $1,500.00
ai.
Construction Phase Office Services, Hourly Rate $6,000.00
Subtotal, Phase 2 Bidding and Construction Phase Services $101,500.00
Total, Phase 7 and Phase 2 1 $1,132,205.00
VI. Amendment:
This contract amendment decreases the current contract fee of $1,149,650.00 by
$17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original
contract dated April 9, 2007 shall remain in full force and effect, except as herein
modified.
The undersigned attests, subject to the penalties for perjury, that he is the contract
party, or that he is the representative, agent, member or officer of the ENGINEER that
he has not, nor has any other member, employee, representative, agent or officer of the
firm, company, corporation or partnership represented by him, directly or indirectly, to
the best of his knowledge, entered into or offered to enter into any combination,
collusion of agreement to receive or pay, and that he has not received or paid, any sum
of money or other consideration for the execution of this Contract other than that which
appears upon the face of the Contract.
4of6
Supplemental Agreement No
A
14
IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental
Agreement No. 1.
ENGINEER:
DLZ INDIANA, LLC
K. t7isk, PIE.
Vice President
ATTEST:
Brian M. Smith, P.E.
Highway Department Manager
5of6
OWNER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
4-�"MMWIAI�Fq
Gary A. Gilot, P.E.
B�
Donald E. In Ws
By:
Kathryn Roos
ATTEST:
Approved,zs)to�Legaljty and Form:
r City of South Bend
Supplemental Agreement No
:4
ACKNOWLEDGMENT
STATE OF INDIANA COUNTY OF ST. JOSEPH SS:
Before me, the undersigned Notary Public in and for said County personally appeared
Gary K. Fisk, Vice President and Brian M. Smith, Highway Department Manager of DLZ
Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each acknowledged
th
the execution of the foregoing agreement on thisg day of t��r -�Q"
2012 and each acknowledged and stated that he is the party authorized by the said firm
to execute the foregoing agreement.
Witness my hand and seal the said last named date.
My Commission Expires.-
March 6, 2016 .�
County of Residence: St. Joseph Connie J. Hume, otary Public
ACKNOWLEDGMENT
STATE OF INDIANA COUNTY OF , L SS:
Before me, the undersigned Notary Public in and for said Lnty personally appeared
Gary A. Gilot, Kad Donald E. Inks of the City of South Bend Board of
Public Works and acknowledged the execution of the foregoing agreement on this
/.5 day of - `)')/(�cz�� s 2012.
Witness my hand and seal the said last named date
My Commission Expires:
V7/11) L• / -
County of Residence: _ J �S ��H
MON-
MA PROM761\ 2664\docs \agreemem\SA #I\Supplemental Agreement Ldocx
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Notary Public
Supplemental Agreement No. 1
Exhibit "C"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #2
See attached Budget Schedule for project prepared by DLZ, Inc.
dated December 21, 2011, and approved by the Board of Public Works on May 15, 2012
Engineer's Estimate
$109,975.00
Budget Request
$125,000.00
L
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14
LUTHERAN SCHOOL - SOCCER FIELDS
STATEMENT OF PROBABLE CONSTRUCTION COSTS
December 21, 2011
M.%PROP0761',2664tPhasc I kmiRmg5[Cmi Difminle (Lutheran School) 8.30.2011 x1s)COST ESTIMATE
lease Ilia
Item �ambtr
D(rrnpdon;.
Qaitpdty ,
;l �t
( umeufl +wt Price;
AlaoiraY.i= '
CONSTRUCTION ENGINEERING
1
LS
$
1000.00
$
2100000
MOI3IL1ZA71nN1NDUTNIO $1LilATION:
l:
IS
S:
49(�0_(KI
COMMON EXCAVATION
3,050
CYS
$
7.00
$
21.35000
F SION.CONTROL "':
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LS ` u
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3
TOPSOIL
920
CYS
$
500
$
4,60000
Si EniNU
7 245
5YS
3 On:_
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14T49(1(ll)=
BASIN SEEDING
4,835
SYS
$
2.50
$
12.087 50
1ZIT,itAP 9tiVE11VI1NT
GEOTEXTILE
285
SYS
$
1.50
$
427.50
777777
7s
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MOD. MANHOLE, TYPE K4
4
EACI4
$
2,000.00
$
8,000.00
P1Pr *bSrC'JION ^4"
i
1?ACH
'S.
500(I(J'
S
bIIOsCIU`
CONTINGENCY
I
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$
5.20000
$
5.200 00
2011 Base Bid TOTAL
S
109,975.00
M.%PROP0761',2664tPhasc I kmiRmg5[Cmi Difminle (Lutheran School) 8.30.2011 x1s)COST ESTIMATE
Exhibit "D"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #3
See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated
February 8, 2012, and approved by the Board of Public Works on May 15, 2012
ENGINEERS • ARCHITECTS • SCIEN71STS
PLANNERS - SURVEYORS
February 8, 2012
Mr. Bill Schalliol
City of South Bend
227 West Jefferson Boulevard
South Bend, Indiana 46601
Re: Supplemental Agreement No. I
Olive Road/Pine Road
DLZ Account No. 0761 - 2664 -90
Dear Mr. Schalliol:
Please find enclosed three copies of Supplemental Agreement No. 1 for the above - mentioned project. The
CWoriginal agreement dated April 9, 2007, included complete design of an Olive Road /Pine Road Connector
(Phase 2). Per your request, we have identified separate scope and fee for 30% design plans and right of way
engineering for Phase 2.
We hope that this Supplemental Agreement meets with your approval and acceptance. We will be happy to
meet with you at your convenience to discuss the Supplemental Agreement in detail.
DLZ appreciates this opportunity to provide continued service to the City of South Bend on this important
project.
Very truly yours,
DLZ INDIANA, LLC
`Nary K. Fisk, Pk
Vice President
cc: BLG, JCZ, BMS, File
C
M:\ PRO .110 7 6 1 9 664\docs,agreementSAs MA 'I ransminal doc
2211 East Jefferson BA. c South Bend, Indiana 46615 f (574) 236 -4400 & FAX (574) 236 -4471
With Offices Throughout The Midwest
www.dlz.com
C11
SUPPLEMENTAL AGREEMENT NO. 1
This Supplemental Agreement No. 1 is made and entered into this day of
, 2012, by and between the CITY OF SOUTH BEND, INDIANA, acting by and
through the BOARD OF PUBLIC WORKS, hereinafter referred to as the "OWNER ", and
DLZ INDIANA, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana 46615,
hereinafter referred to as the "ENGINEER ".
WITNESSETH
WHEREAS, the OWNER and ENGINEER did, on April 9, 2007 enter into an
agreement for preparation of construction documents for preparation of construction
documents for the widening and reconstruction of Olive Road from U.S. 20 to 300 feet
south of Nimtz Parkway (Phase 1), and the construction of an Olive Road /Pine Road
Connector (Phase 2), and
WHEREAS, the OWNER has requested certain additional services and
changes not included in the original contract or supplemental agreement,
specifically the design of 30% plans of an Olive Road /Pine Road connector for the
:. purposes of establishing the roadway right of way.
NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above
referenced Design Contract as follows:
Add Section F. to Appendix "A" as follows.
F. Phase 2 30% Design Plans and Right of Way Engineering, as
described herein, shall consist of the following:
9. Design of Olive Road/Pine Road Connector, for Alignment Planning
(30% Design, from 2, 900 feet north of the Edison Road /Pine Road
intersection to the US 20 10live Road intersection, approximately
3,700 feet in length. The design shall include a three -lane roadway
with new concrete pavement, integral curb, and a storm sewer
system. The design speed of Olive Road /Pine Road Connector will
be 40 mph.
2. When authorized by the OWNER, the ENGINEER shall:
a. Order title insurance for each parcel from which there will be a
taking.
b. Prepare a plat and legal description for each parcel of right of
way to be acquired, both permanent and temporary.
11. Add Section G. to Appendix "A" as follows:
G. Right of Way Management g Y ement 9 shall consist of the following.
1 of 6
Supplemental Agreement No. 1
r;
1. Includes the administration of subconsu/tant agreements and
coordination of title work, appraisal problem analysis, appraisals,
review appraisals, just compensation certification, buying and
required approvals from the Client, INDOT and FHWA. Mortgage
releases will be obtained where value is greater than $10,000.00.
Coordination does not include property management, or relocation,
if required.
2. ENGINEER shall obtain partial mortgage release(s) and /or additional
lien release(s) when directed by OWNER to provide clear title to each
parcel.
3. ENGINEER shall provide as needed notarization services for
acceptance of offers and execution of conveyance documents by
property owners.
4. ENGINEER shall attempt to resolve right of way issues and
coordinate Administrative Settlements, upon approval and direction
by OWNER, if necessary.
5. Pursuant to successful acquisition of executed conveyance
documents and lien release documents, if applicable, ENGINEER
shall submit pay request memorandums, copies of executed
agreements and conveyance documents and taxpayer number
identification request forms to OWNER for review and processing of
payment for compensation of right of way acquisition.
6. ENGINEER shall coordinate with OWNER for distribution of checks
and verification of receipt of checks by property owners.
lil. Modify Sections C & D to Appendix "C" as follows..
C. The Plans for Phase 1 will be ready for letting in approximately March
2013, based on a notice to proceed with Phase 1 by February 28, 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
D. The Plans for Phase 2 will be ready for letting in approximately March
2014, based on a notice to proceed with Phase 2 by June 2007,
contingent upon right -of -way acquisition and OWNER /INDOT review
periods of 30 days or less.
IV. Add Section E to Appendix "C" as follows:
E. Phase 2 30% Design Plans and Right of Way Engineering
1. Design of Olive Road /Pine Road Connector 30% Plans within 60
calendar days after receipt of Notice to Proceed for this phase.
2. Plats and Legal Descriptions for Phase 2 within 30 calendar days of
receipt from the OWNER of approval of the right of way limits.
2 of 6
Supplemental Agreement No. 1
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V. Sections A.1 & 2 of Appendix "D" is modified as follows:
A. Amount of Payment
1. The ENGINEER shall receive as payment for the work performed under
this Agreement the total fee not to exceed of $1,132,205.00
unless a modification of agreement is approved in writing by the OWNER.
2. The ENGINEER will be paid for the work performed under Appendix "A" of
this Agreement on a Lump Sum basis in accordance with the following
schedule, except as noted in the items below:
3 of 6
Supplemental Agreement No
Description — Phase 2 30% Design Plans and Right of Way
Amount
En ineerin
q1.
Roadway 30% Design and Plans, Phase 2
$62,000.00
q2•
Title insurance and Updates, as required 10 Parcels $325 Each
$3,250.00
q3•
R/W Engineering 10 Parcels $2,900 Each
$29,000.00
r1.
Pick-up Field Survey
$10,000.00
—��f Subtotal, Phase 2 30% Design and Right of Wa En ineerin
$104,250.00
3 of 6
Supplemental Agreement No
[A
14
11 1 Description - Phase 2 Buying, Bidding and Construction Phase
Services
Amount
af. Appraising, Right of Way Management and Buying Services (1st & 2nd Appraisals)
(14 Appraisals @ $2,000 Each, 7 Buying Parcels @ $3,000 Each, Right of Way
Management — 7 Each
$91,000.00
a9• Bid Phase Services, Hourly Rate
$3,000.00
ah. Pre - Construction Conference, Hourly Rate
$1,500.00
al. Construction Phase Office Services, Hourly Rate
$6,000.00
Subtotal, Phase 2 Bidding and Construction Phase Services
$101,500.00
Total, Phase 9 and Phase 2 1 $1,132,205.00
VI. Amendment:
This contract amendment decreases the current contract fee of $1,149,650.00 by
$17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original
contract dated April 9, 2007 shall remain in full force and effect, except as herein
modified.
The undersigned attests, subject to the penalties for perjury, that he is the contract
party, or that he is the representative, agent, member or officer of the ENGINEER that
he has not, nor has any other member, employee, representative, agent or officer of the
ILfirm, company, corporation or partnership represented by him, directly or indirectly, to
the best of his knowledge, entered into or offered to enter into any combination,
collusion of agreement to receive or pay, and that he has not received or paid, any sum
of money or other consideration for the execution of this Contract other than that which
appears upon the face of the Contract.
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Supplemental Agreement No. 1
IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental
Agreement No, 1.
ENGINEER:
DLZ INDIANA, LLC
�A•
f �F^
Seffy K. Fisk, PIE.
Vice President
ATTEST:
Brian M. Smith, P.E.
Highway Department Manager
A
OWNER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
By:
Gary A. Gilot, P.E.
B
Donald E. Inks
By:
Kathryn Roos
ATTEST:
Approved as to Legality and Form:
Attorney for City of South Bend
5 of 6
Supplemental Agreement No. 1
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ACKNOWLEDGMENT
STATE OF INDIANA COUNTY OF ST. JOSEPH SS:
Before me, the undersigned Notary Public in and for said County personally appeared
Gary K. Fisk. Vice President and Brian M. Smith Highway Department Manager of DLZ
Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and ea h acknowledged
the execution of the foregoing agreement on this(-?4h day of fe�
2012 and each acknowledged and stated that he is the party authorized by the said firm
to execute the foregoing agreement.
Witness my hand and seal the said last named date.
My Commission Expires:
March 6, 2016
County of Residence: St. Joseph Connie J. Hume, otary Public
STATE OF INDIANA
ACKNOWLEDGMENT
COUNTY OF
SS:
Before me, the undersigned Notary Public in and for said County personally appeared
Gary A. Gilot, Kathryn Roos and Donald E. Inks of the City of South Bend Board of
Public Works and acknowledged the execution of the foregoing agreement on this
day of 2012.
Witness my hand and seal the said last named date.
My Commission Expires:
County of Residence:
M:1PRO.11 0761126644 does tagreement\SA#]kSupplemental Agreement l.docx
6 of 6
Notary Public
Supplemental Agreement No. 1
14
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Community & Economic Development
1200 Couniy -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission, Board of Public Works
From: Bill Schalliol, ADED V�)
Subject: Resolution 3026 and Amendment to the Addendum To Master Agency
Agreement
Olive Road Right -Of -Way Acquisition - Supplement #3
Date: April 19, 2012
Attached to this memorandum is Resolution 3026 and Amendment to the Addendum To Master
Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement- #3.
In 2007, the Board of Public Works entered into a contract with DLZ to prepare Design and Right of
Way Engineering for improvements to Olive Road from Lincolnway West to Nimtz (Phase 1) and
from Edison to Lincolnway West (Phase 2). The budget for the design of Phase 1 was $502,900 and
the budget for the design of Phase 2 was $303,750. Due to changes in work scope, the work on
Phase 2 was started but eventually held for a future point and the funds that were approved for use
were reprogrammed within the project to be used for Right -of -Way acquisition services for the
roadway.
The purpose of Supplement #3 is to add $35,000 to the project budget to complete some design
and right of way engineering for the section of roadway that connects Olive Road to Pine Road at
the intersection with Lincolnway West. The St. Joseph County Airport Authority is underway with
acquisition of a tract of land that would allow, with the City's purchase of one parcel, to construct
the connector roadway necessary to link this roadway network. With this work complete, a
continuous roadway corridor can be developed from Adams Road to Western Avenue /SR 2. These
additional funds will help finalize plans through the future airport property and complete some
intersection redesign at Lincolnway West.
Staff requests approval of Resolution 3026 and the Amendment to the Addendum To Master
Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #3.
What We Do Today Makes A Difference!
A
G
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date May 3, 2012 Department C &ED
BPW Date May 15, 2012 Phone 235 -5842
Name Bill Schalliol
o Legal ® Attorney Name Larry Meteiver
Controller review is required for all Contracts $5,000.00 or more
o Controller ❑ and greater than one year in length per the City Purchasing
Policy
a Y
Purchasing ❑
C;hQC1c #fie .Arriat. #terms 7v>..#'ar d <raxAt- u�fi5�r`t��s . .
I Abuated.lr for. m.afio. n
Company or Vendor Name
A g reement
El Contract I El Proposal
Addendum
Yes
Claim
If Yes, Approved by Purchasing
MBE/WBE Contractor
Bid Opening
MBE
Bid Award
WBE
Req. to Advertise
Olive Road Right-of-Way Acquisition - Supplement #3
Title Sheet
❑
Quote O enin
AEDA TIF
Quote Award
El
Chg Order No.
$
C/O & PCA No.
PCA
Addendum to Master Agreement for Olive Road Right -of -Way
Ease. /Encroach.
L1
Traffic Control
Amount of
Resolution
Increase $
Decrease 1 $
Other:
$
Current Percent of Change:
I Abuated.lr for. m.afio. n
Company or Vendor Name
Original
New Vendor
Yes
0 No
If Yes, Approved by Purchasing
MBE/WBE Contractor
MBE
WBE
Project Name
Olive Road Right-of-Way Acquisition - Supplement #3
Project Number
112 -031
Funding Source
AEDA TIF
Account No.
324 - 1050 - 460 -31.02
Amount
$
Terms of Contract
Purpose /Description
Addendum to Master Agreement for Olive Road Right -of -Way
Acquisition. Supplement #3 relates to DLZ Contract services for
30% design and ROW parcel plats for Olive -Pine connector.
s y.
Amount of
❑
❑
Increase $
Decrease 1 $
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
PO No.
Copy
Original
®
❑
%pexsat A e Ap i f
Cheryl Phipps, C &ED
Bill Schalliol, C &ED
14
Exhibit "E"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #4
See attached Budget Schedule for project prepared by DLZ, Inc.
dated June 11, 2012
Engineer's Estimate
$127,500.00
Lowest Responsive /Responsible Bidder (Bids opened June 12, 2012)
John Boettcher Sewer & Excavating
$128,890.00
Budget Request
$142,000.00 (Project amount + 10% contingency for change orders)
L
A
A
4 SpUTB e�
TO: Linda M. Martin, Clerk
Board of Public Works
INTER - OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF WATER WORKS
FROM: John Engstrom, Engineering
SUBJECT: Olive Road Basin Improvements
DATE: June 12, 2012
On June 12, 2012, the Board of Public Works opened and read bids for the above project. I
have reviewed them and found all correct except HRP Construction, Inc.
The bidders ranked as follows:
Bidder
Bid Amount
Alt. A
Alt. B
1.John Boettcher Sewer & Excavating
$ 128,890.28
$
$
2. HRP Construction, Inc.
$ 137,415.00
$
$
3. Reith Riley Construction Co., Inc
$ 151,435.55
$
$
4. Niblock Excavating, Inc.
$ 153,354.33
$
$
5. Ritschard Brothers, Inc
$ 170,472.23
$
$
6. Youngs Excavating, Inc
$ 171,959.78
$
$
7. H & G Underground Utilities, LLC
$ 212,432.80
$
$
I recommend award of a contract for _Olive Road Basin Improvements—to the lowest
responsive / responsible bidder,_ John Boettcher Sewer & Excavating in the amount of
$ 128,890.28_.
Community & Economic Development has appropriated sufficient funds from the AEDA Tif
Account #324 - 1050 - 460 -42.03
no
Please call with your questions.
CEnclosure
'Iil
OLIVE ROAD BASIN
STATEMENT OF PROBABLE CONSTRUCTION COSTS
June 11, 2012
Base Bid
M-\PROhO761\2664 \Phase 1 \0live Rd Basin \[Olive Rd Basin Cost Estimatr.xls)COST ESTIMATE
1F�"
°a' 9' i*,+f `i'. ,[' " iwfiWw t b N'•
K4��i }
t'.
a 1CIiT
' +'r,..rs , y
1
CONSTRUCTION ENGINEERING
1
LS
$ 2,000.00
$ 2,000.00
r(IN
�ILiZA'IidN.;`
r,
t
3�.
_. -
3
CLEARING RIGHT OF WAY
1
LS
$ 1,235.00
$ 1,23500
'!
'��� 0:..
3.sf141#
I.W'
5
TEMPORARY EROSION AND SEDIMENT CONTROL, SILT FENCE
2,000
LFT
$ 1.50
$ 3,000.00
6
, 3t{SKN+I,,A%]U SfUIMEIVT
TEMPORARY EROSION AND SEDIMENT CONTROL, CULVERT INLET
PROTECTION
j
.`
7
1
EACH
$ 75.00
$ 7500
s P t c
t F i li f\LIIM7VXU01� V4_K NC-E f.
J
1W
) .66
"
9
STRUCTURE BACKFILL, TYPE 1
525
CYS
$ 25.00
$ 13,125.00
K;
333
. Lam' `
� �S:bO
$ 8,375
11
GEOTEXTILE
718
SYS
$ 1.50
$ 1,077.00
13 =,
, • .. "
z
$1
3 20.011,
13
TOPSOIL
917
CYS
$ 5.00
$ 4,585.00
14 ; ;
SEEUTNG, i YPE.0
10,134 ,
SYS .
S 2:0d
s £-
15
BASIN SEEDING
3,230
SYS
$ 3.00
$ 9,690.00
16+1b
s
S19Ci70N, 12"
EACH
$ 400.00
S " 8AO D0
17
PIPE END SECTION, 24"
1
EACH
$ 500.00
$ 500.00
17',
I '
$
19
24" PIPE
717
LFT
$ 32.00
$ 22,944.00
20
Mp1 UA►NHME, 7YPE.C4
2.:
EACH
$ '2.000.00
$ 4,000.00
21
MOD. MANHOLE, TYPE C7
1
EACH
$ 2,000.00
$ 2,000.00
2012 Base Bid TOTAL
$ 127,500.00
M-\PROhO761\2664 \Phase 1 \0live Rd Basin \[Olive Rd Basin Cost Estimatr.xls)COST ESTIMATE
LUTHERAN SCHOOL - SOCCER FIELDS
STATEMENT OF PROBABLE CONSTRUCTION COSTS
December 21, 2011
M \PROD \0761 1,2664 \Phase I \civil \en8\[Cost Estimate (Lutheran School) 8 -30 -2011 a1s]COST ESTIMATE
A