HomeMy WebLinkAboutPSA - Bendrix Drive Improvements (Lathrop to Voorde) - DLZ Indiana Proj. No. 00016028
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
March 31, 2022
Laurie D. Johnson P.E. Barry Lubow
Vice President Vice President/Legal Council
DLZ Indiana DLZ Corporation
2211 East Jefferson Blvd. 6121 Huntley Road
South Bend, IN 46615 Columbus, OH 43229
RE: Professional Services Agreement – DLZ Indiana
Dear Ms. Johnson:
At its March 31, 2022 special meeting, the Board of Public Works approved the above
referenced agreement for Bendix Drive Improvements (Lathrop to Voorde), Project No. 121-
047 in the amount of $777,110.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-9251.
Sincerely,
/s/ Theresa Heffner
Theresa Heffner, Clerk
Enclosures
TH/lh
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LPA - CONSULTING CONTRACT
This Contract (“this Contract”) is made and entered into effective as of , 2022 (“Effective Date”) by
and between City of South Bend, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or
“LPA”), and DLZ Indiana, LLC (“the CONSULTANT”), a corporation/limited liability company organized
under the laws of the State of Indiana.
Des. No.: 2100022
Project Description: Bendix Drive Road Diet, Lathrop Street to Voorde Drive: Road reconstruction and road
diet from 4 lanes to 3 lanes, a multi-use path construction and installation of storm sewer from Lathrop Street
to Voorde Drive.
RECITALS
WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of
Transportation (“INDOT”) for a transportation or transportation enhancement project (“the Project”), which
Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and
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 December 31, 2028. 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 $ 777,110.00.
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.
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SECTION VI GENERAL PROVISIONS
1. Access to Records. The CONSULTANT and any SUB-CONSULTANTS 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, INDOT and/or the Federal Highway
Administration (“FHWA”) or its authorized representative, and copies thereof shall be furnished free of
charge, if requested by the LPA, INDOT, and/or FHWA. 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, INDOT and/or FHWA of the CONSULTANT
and its SUB-CONSULTANTS 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. Authority to Bind Consultant. The CONSULTANT warrants that it has the necessary authority to
enter into this Contract. The signatory for the CONSULTANT represents that he/she has been duly
authorized to execute this Contract on behalf of the CONSULTANT and has obtained all necessary or
applicable approval to make this Contract fully binding upon the CONSULTANT when his/her
signature is affixed hereto.
5. 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.
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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 Form-LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions.
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.
6. Changes 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.
7. 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 of Indiana 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.
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iii. Work 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. Secretary 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 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 any 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.D 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.
8. 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.
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9. 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.
10. 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.
11. 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 INDOT 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, sub recipient 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
INDOT, as the recipient, deems appropriate.
B. 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 Form”) 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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12. Non-Discrimination.
A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act,
the CONSULTANT shall not discriminate against any employee or applicant for employment, to
be employed in the performance of work under this Contract, with respect to hire, tenure, terms,
conditions or privileges of employment or any matter directly or indirectly related to employment,
because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran.
Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this
Contract also signifies compliance with applicable federal laws, regulations, and executive orders
prohibiting discrimination in the provision of services based on race, color, national origin, age, sex,
disability or status as a veteran.
B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that
understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more
employees and does at least $50,000.00 worth of business with the State and is not exempt, the
CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60-1.7.
The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR
60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference.
Breach of this covenant may be regarded as a material breach of Contract.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964,
the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and
related statutes and regulations in all programs and activities. Title VI and related statutes require
that no person in the United States shall on the grounds of race, color or national origin be
excluded from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance. (INDOT’s Title VI enforcement
shall include the following additional grounds: sex, ancestry, age, income status, religion and
disability.)
C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including
without limitation, those services retained for, or incidental to, construction, planning, research,
engineering, property management, and fee contracts and other commitments with persons for
services and expenses incidental to the acquisitions of right-of-way.
D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of
race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will
include the following additional grounds: sex, ancestry, age, income status, religion and
disability).
E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access
to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI
enforcement will include the following additional grounds; sex, ancestry, age, income status,
religion and disability.)
F. The CONSULTANT shall neither allow discrimination by contractors in their selection and
retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their
subcontractors in their selection of subcontractors, leasors or material suppliers, who participate
in construction, right-of-way clearance and related projects.
G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself
and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to
exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s
assurances and guidelines.
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H. During the performance of this Contract, the CONSULTANT, for itself, its assignees and
successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows:
(1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation
relative to nondiscrimination in Federally assisted programs of the Department of
Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they
may be amended from time to time, (hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this Contract.
(2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during
the Contract, shall not discriminate on the grounds of race, color, or national origin in the
selection and retention of subcontractors, including procurements of materials and leases
of equipment. The CONSULTANT shall not participate either directly or indirectly in the
discrimination prohibited by section 21.5 of the Regulations, including employment
practices when the contract covers a program set forth in Appendix B of the Regulations.
(3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed under a subcontract, including procurements of
materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be
notified by the CONSULTANT of the CONSULTANT’S obligations under this Contract
and the Regulations relative to nondiscrimination on the grounds of race, color, or national
origin.
(4) Information and Reports: The CONSULTANT shall provide all information and reports
required by the Regulations or directives issued pursuant thereto, and shall permit access
to its books, records, accounts, other sources of information, and its facilities as may be
determined by the LPA or INDOT to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a CONSULTANT
is in the exclusive possession of another who fails or refuses to furnish this information the
CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth
what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with
the nondiscrimination provisions of this contract, the LPA shall impose such contract
sanctions as it or INDOT may determine to be appropriate, including, but not limited to:
(a) withholding of payments to the CONSULTANT under the Contract until the
CONSULTANT complies, and/or
(b) cancellation, termination or suspension of the Contract, in whole or in part.
(6) Incorporation of Provisions: The CONSULTANT shall include the provisions of
paragraphs (1) through (6) in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
The CONSULTANT shall take such action with respect to any SUBCONSULTANT
procurement as the LPA or INDOT may direct as a means of enforcing such provisions
including sanctions for noncompliance: Provided, however, that, in the event a
CONSULTANT becomes involved in, or is threatened with, litigation with a
SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may
request the LPA to enter into such litigation to protect the interests of the LPA, and, in
addition, the CONSULTANT may request the United States to enter into such litigation to
protect the interests of the United States.
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13. 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 13.
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.
14. 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:
i. 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 14.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 14.B.iii(2) above, or otherwise receiving actual notice of such
conviction;
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v. Within thirty (30) days after receiving notice under subdivision 14.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
vi. Making a good faith effort to maintain a drug-free workplace through the implementation
of subparagraphs 14.B.i. through 14.B.v. above.
15. 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.
16. Force Majeure. 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.
17. 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.
18. 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.
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19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, 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, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5,
this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The
LPA shall not provide such indemnification to the CONSULTANT.
20. 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 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.
21. 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 19
herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond
the term specified, to the fullest extent of the law.
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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.
I. Professional Liability Insurance
The CONSULTANT must obtain and carry professional liability insurance as follows: For
INDOT Prequalification Work Types 1.1, 12.2-12.6 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. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2,
5.5, 5.8, 5.11, 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
CONSULTANTS shall carry professional liability insurance in an amount not less than
$1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent
performance. The CONSULTANT shall maintain the coverage for a period ending two
(2) years after substantial completion of construction.
II. 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.
2. The policy shall provide thirty (30) days notice of cancellation to LPA.
3. The CONSULTANT shall name the LPA as an additional insured.
III. 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:
1. Contractual Liability coverage shall be included.
2. The policy shall provide thirty (30) days notice of cancellation to the LPA.
3. The CONSULTANT shall name the LPA as an additional insured.
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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
b. Maritime Coverage - Jones Act
3. The policy shall provide thirty (30) day 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 Damage, including Passenger Liability.
Coverage shall apply to owned, non-owned and hired aircraft.
2. The policy shall provide thirty (30) day notice of cancellation to the LPA.
3. The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional
insured.
22. 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.
23. 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:
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Notices to the LPA shall be sent to:
Leslie Biek, P.E.
Assistant City Engineer
City of South Bend
227 West Jefferson Blvd.
South Bend, Indiana 46601
Notices to the CONSULTANT shall be sent to:
Laurie D. Johnson, P.E.
Vice President
DLZ Indiana, LLC
2211 East Jefferson Blvd.
South Bend, Indiana 46615
With a copy to:
Barry Lubow
Vice President/Legal Council
DLZ Corporation
6121 Huntley Road
Columbus, Ohio 43229
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.
24. 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.
25. 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 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.
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26. Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies
and procedures.
27. 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.
28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT:
i. Stipulates that any facility to be utilized in performance under or to benefit from this Contract
is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued
pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water
Pollution Control Act, as amended;
ii. Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section
308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued
thereunder; and
iii. Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT
and the Federal Highway Administration of the receipt of any knowledge indicating that a
facility to be utilized in performance under or to benefit from this Contract is under
consideration to be listed on the EPA Listing of Violating Facilities.
29. 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.
30. 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:
31. 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.
32. 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.
33. Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this
Contract.
34. 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.
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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.
35. 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 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 13). 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.
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36. 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.
37. 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.
38. No Third-Party Beneficiaries. 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.
39. No Investment in Iran. As required by IC 5-22-16.5, the CONSULTANT certifies that the
CONSULTANT is not engaged in investment activities in Iran. Providing false certification may result
in the consequences listed in IC 5-22-16.5-14, including termination of this Contract and denial of future
state contracts, as well as an imposition of a civil penalty.
40. Assignment of Antitrust Claims. The CONSULTANT assigns to the State all right, title and interest
in and to any claims the CONSULTANT now has, or may acquire, under state or federal antitrust laws
relating to the products or services which are the subject of this Contract.
[Remainder of Page Intentionally Left Blank]
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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. Furthermore, if the
undersigned has knowledge that a state officer, employee, or special state appointee, as those terms
are defined in IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance
with the disclosure requirements in IC §4-2-6-10.5.
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 LOCAL PUBLIC AGENCY
DLZ Indiana, LLC City of South Bend - Board of Public Works
Signature Signature
Laurie D. Johnson, P.E., Vice President Elizabeth A. Maradik, President
(Print or type name and title) (Print or type name and title)
Signature
Joseph R. Molnar, Vice President
Attest: (Print or type name and title)
Signature Signature
Anthony M. Glenn, P.E., Project Manager Gary A. Gilot, Member
(Print or type name and title) (Print or type name and title)
Signature
Jordan V. Gathers, Member
(Print or type name and title)
Signature
Murray L. Miller, Member
(Print or type name and title)
Signature
Theresa M. Heffner, Clerk
(Print or type name and title)
March 31, 2022
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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 Indiana Department of Transportation and Federal Highway Administration.
The scope of this project includes survey and design for road reconstruction along Bendix Drive, between Lathrop
Street and Voorde Drive, in the City of South Bend, Indiana. The current 4-lane roadway is to be reduced to a 3-lane
section and a multi-use path will be constructed starting just south of the intersection with Voorde Drive to
approximately 480 feet north of the intersection with Lathrop Street, for a length of approximately 4,100 feet.
Additionally, this will require reconstructing Lathrop Street from approximately 150 feet west to 150 east of the
centerline of Bendix Drive, and approximately 150 feet of Voorde Drive, for a total S-Line length of approximately
450 feet. Bendix Drive is anticipated to be reconstructed as a 38-foot-wide concrete roadway with curb and an 8-
foot-wide concrete multi-use path along the east side of the corridor. Along with reconstruction of the intersections,
new traffic signals, with mast arms, at Lathrop Street and Voorde Drive will be installed. Currently, a combined
sanitary and storm sewer exists through a portion of the proposed project. The sewers will be separated with the
installation of a new storm sewer and reuse of the existing combined sewer for sanitary sewer flow. Only minor
improvements to the existing sanitary/combined manholes are anticipated. It is anticipated that the LPA will have
constructed an outlet for the proposed storm sewer system along Bendix Drive, prior to this project.
Additionally, the existing water main will be replaced. Approximately 4,100 feet of existing 12-inch water main will
be removed or retired in place along Bendix Drive, and a new 12-inch water main and appurtenances will be installed.
The water main will connect to the existing 10-inch and 6-inch water main on Voorde Drive and an existing 12-inch
water main on Lathrop Street. As part of this work, all lead service lines (up to five lead service lines) shall be
replaced to the water meter per Title 40, Chapter I, Subchapter D, Part 141, Subpart I in the Code of Federal
Regulations. It is anticipated that the storm sewer and water main will cross the NICTD railroad via jack and bore
method. Utility coordination, Subsurface Utility Engineering and Geotechnical Investigation are also included as
part of this project.
The CONSULTANT shall be responsible for performing the following activities:
A.Project Management & Coordination
The CONSULTANT will follow the INDOT Local Public Agency (LPA) Guidance Document, and
procedures therein.
1.The CONSULTANT shall manage the activities described in Appendix “A” (Scope of Work)
among the project team members. The CONSULTANT’s project manager will be in charge of
overall project management in addition to being the LPA’s direct link to the design team for issues
concerning administration and technical execution. He or she will be responsible for coordinating
the activities of all SUBCONSULTANTs and acting as liaison between the LPA and any outside
agencies and/or groups concerning the Project. The project manager will also be responsible for
maintaining schedule and budget.
2.The CONSULTANT shall coordinate and attend meetings with the LPA, as appropriate, to
facilitate the management of the project design elements. Meetings will be held to discuss
technical issues requiring action by the LPA and other third parties. Meetings will be held with
the LPA on an as-needed basis to facilitate the acquisition of the necessary project right-of-way
parcels. The CONSULTANT shall coordinate and prepare quarterly TTAC forms for review by
the LPA prior to submittal to MACOG and attend the quarterly TTAC meetings.
3.The CONSULTANT shall implement quality management and control procedures, to satisfy the
project requirements. The CONSULTANT shall coordinate these procedures with the
SUBCONSULTANTs at each plan submittal stage for continuity of design standards and plans
throughout the project limits.
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B.Topographic Field Survey
1.The CONSULTANT shall provide the topographic field survey required for preparation of design
plans in conformance with the requirements of the Indiana Department of Transportation Design
Manual, Part III, Location Surveys, a copy of which is on file with the CONSULTANT and same
is incorporated herein by reference and is made a part hereof. Necessary field survey to include:
a.Along Bendix Drive from approximately 400 feet south of Voorde Drive to 250 north of the
end of Bendix Drive Phase I, Designation Number 1400634, for a total length of approximately
4,360 feet in length. Width of topography to be 25 feet each side of existing roadway edge of
pavement, for a total width of approximately 100 feet. Within the limits of the NICTD railroad
tracks running along the east side of Bendix drive the width of topography to be a minimum of
15 feet east of the centerline of the east tracks.
b.Along Voorde Drive from the centerline of Bendix Drive to 250’ west. Width of topography
to be 15 feet each side of existing roadway edge of pavement for a total width of approximately
80 feet.
c.Topography along NICTD Tracks from the centerline of Bendix Drive to 100 feet west, and
top of rail elevations for an additional 150 feet west of Bendix Drive. Width of topography to
be 20 feet on each side of centerline of NITCD tracks for a total width of approximately 40
feet.
d.Along Lathrop Street from 250 feet west to 250 feet east of the centerline of Bendix Drive for
a total length of 500 feet. Width of topography to be 15 feet each side of existing roadway edge
of pavement for a total width of approximately 80 feet.
e.Centerline spot elevations at 100-foot intervals will be taken along Bendix Drive from Keller
Street south to Lincolnway (2,300 feet)
f.Establish horizontal and vertical control throughout the project limits. Horizontal control will
be based on the Indiana Coordinate System of 1983, East (NAD83). Vertical control will be
based on the North American Vertical Datum of 1988 (NAVD88).
g.Locate and provide rim elevations for castings (manholes, catch basins and curb inlets) within
the project limits, including those just beyond the curb line.
h.Detail sanitary and storm structures to determine invert elevations, flow direction, type and size
of pipes.
i.Known subsurface utilities will be depicted based on the field survey of surface markings
provided by Indiana Underground Plant Protection Service.
j.Create topographic base map from the survey data.
k.Right of way/property lines based on available field investigation and recorded subdivision
plats, apparent right of way will be shown for any areas lying outside of a subdivision. Lot lines
will be depicted per the recorded subdivision plats or GIS information.
l.Alignments will be established along Bendix Drive from north of Lathrop Street to south of
Voorde Drive (total length of 4500 feet) and along Lathrop Street and Voorde Drive (total
length of 800 feet).
2.Right of Way Assessment Services:
a.The CONSULTANT will perform research of deed, subdivision plats and surveys to determine
the limits of the existing right of way (if any) for up to 20 parcels, consisting of approximately
33 Tax Id tracts.
b.During the appraisal stage, the CONSULTANT will provide one time staking of Right of Way
parcels.
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C.Location Control Route Survey Plat (LCRSP)
The CONSULTANT shall prepare a Location Control Route Survey Plat for recordation in accordance
with Title 865 I.A.C. 1-12 (Rule 12). This plat will provide the necessary alignment, section corner and
other title information needed for the preparation of Right of Way Parcel Plats and Descriptions. The
plat will display alignment monumentation and reference ties to those monuments as well as coordinate
values for random control and alignment points. The CONSULTANT will record this plat in the St.
Joseph County Recorder’s Office.
D.Subsurface Utility Engineering
The CONSULTANT will engage a SUBCONSULTANT to perform subsurface utility engineering, if
concurred and directed to do so by the LPA.
1.An allowance of $65,700.00 has been included for the CONSULTANT and/or
SUBCONSULTANT to perform Subsurface Utility Engineering, as directed and described below.
2.All aspects of the Subsurface Utility Engineering (SUE) performed under this project will be in
accordance with ASCE Standard 38-02 “Standard Guideline for the Collection and Depiction of
Existing Subsurface Utility Data” and industry standards as of the notice to proceed date.
3.SUE will be performed to a Quality Level “A” and “B”, as described in item 4 below.
4.SUE work for this project will be divided into two separate areas of work, which is defined as
follows:
a.Quality Level B: Utility Designating up to 1,500 feet of underground utilities to locate the
horizontal location of utilities at test hole locations.
i.Test hole locations for utility designating will be defined more specifically once design
development is underway and preliminary plans are established.
ii.Utility designating shall include locating underground utilities within the limits established
and shall include but not be limited to: telephone, gas, water, electric, and fiber optic
cables, if encountered.
iii.Surface geophysical methods will be utilized to interpret the possible presence of
underground utilities and then employ electromagnetic equipment to detect the selected
utilities. The sub-consultant will attempt to field locate and mark-out buried, “toneable”
utilities. Toneable is defined as any utility capable of carrying an electromagnetic signal.
Using the aforementioned technology, the sub-consultant will provide paint markings or
flags to show the approximate horizontal position of the desired utilities.
iv.Ground Penetrating Radar (GPR) will be used in an attempt to locate any non-metallic
(nontoneable) utilities that may be present. GPR is a wave-based form of geophysical
investigation in which an electromagnetic wave, launched by a transmitting antenna
element, is propagated downward into the ground. A portion of the wave energy is
reflected off of subsurface features differing in electrical properties from the surrounding
material. The reflected radar energy is detected back at the surface by a receiving antenna
and converted to electrical signals, which correspond to minor changes in the voltage. The
signals are sent to the control display unit, amplified and a real time two-dimensional depth
profile is constructed. The depth profile is analyzed in the field and features such as
subsurface utilities, pipes, voids, or other obstructions can be interpreted and potentially
located in the field.
It should be noted that overall quality and vertical penetration of GPR data is entirely
dependent on the composition of subsurface materials. Highly electrically conductive
materials typically serve to attenuate the electromagnetic radar energy and not allow for
significant depth penetration. Therefore, while due care will be exercised in the acquisition
and interpretation of GPR measurements, no warranties or guarantees can be offered with
respect to existing subsurface conditions.
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v.Once the field information is completed and checked by the field crew supervisor, the SUE
Field Supervisor will perform a quality control (QC) check of the project by cross checking
the proposed scope of work to verify that all designating is complete. The test hole
locations will be surveyed and incorporated into the topographic base map.
b.Quality Level A: Air/Vacuum Subsurface Utility Locating performed as follows:
i.Call the appropriate Indiana Plant Protection prior to digging any test holes.
ii.The number of test holes will be determined during design.
iii.Excavate test hole to expose the selected utility at a specific point indicated by the
CONSULTANT.
iv.Excavate the test hole by vacuum excavation or hand digging in order to prevent damage
to wrappings, coatings, or other protective coverings.
v.Minimum excavation assumed to be 8”x 8” (64 square inches).
vi.Follow ASCE Standards for Collection and Depiction of Existing Subsurface Utility Data:
•The horizontal and vertical location of the top of the utility referenced to the project
survey datum.
•The elevation of the existing grade over the utility at a test hole referenced to the
project survey datum.
•The outside diameter of the utility and configuration of non-encased, multi-conduit
systems.
•Type of utility (e.g., fiber optic, gas, water, sewer, telephone, etc.).
•The utility structure’s material composition, when reasonably ascertainable.
•The paving thickness and type, where applicable.
•An above ground marker (i.e., PK nail or 5/8” capped rebar) will be placed above the
centerline of the utility; to be used for horizontal and vertical reference information.
•Such other pertinent information as is reasonably ascertainable from each hole site.
vii.Back fill and compact test holes in accordance with LPA standards for concrete patching.
Restore all locate holes to the condition they were in before, or better. Replace
asphalt/concrete with equal or greater thickness as needed to repair roadway. Provide
cleanup of work site to equal or better condition before excavation.
viii.Provide reference points for surveyor.
ix.Once the field work is complete, the CONSULTANT shall review the data and develop a
conflict resolution plan to avoid existing utilities where feasible.
E.Roadway Design Plans
The CONSULTANT shall provide engineering and design services to prepare plans, calculations, cost
estimates, and other submittal documents in accordance with requirements outlined in the INDOT LPA
Process Guidance Document for Local Federal Aid Projects, dated March 2022 and IDM. The project
limits are along Bendix Drive from just south of the intersection with Voorde Drive to approximately
480’ north of the centerline of Lathrop Street, for a length of approximately 4,100 feet.
The CONSULTANT shall prepare roadway plans in accordance with the following:
1.Reconstruct Bendix Drive, along the current alignment, within the limits described above to be a 3-
lane curbed roadway with an 8-foot multi-use path on the east side of the corridor.
2.Lathrop Street and Voorde Drive approaches to Bendix Drive will only be reconstructed as far back
as necessary to transition from their existing configuration to the proposed Bendix Drive layout.
3.The CONSULTANT shall develop Maintenance of Traffic Plans along Bendix Drive based on a
one-way detour. It is anticipated that southbound traffic flow will be maintained through the project
limits during construction. Full road closure may also be considered as a possible alternative to
reduce costs and construction schedule. Also, a temporary closure may be required for installation
of the proposed storm sewer and water main under the NICTD railroad track. The CONSULTANT
shall coordinate the maintenance of traffic plans and detour route with the LPA.
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4.The CONSULTANT shall develop Signing and Pavement Marking Plans in accordance with the
Indiana Manual of Uniform Traffic Control Devices, current edition.
a.The Signing and Pavement Marking Plans shall include re-striping Bendix Drive from Lathrop
Street to the north edge of Lincolnway West (Old US 20) to closely match the proposed
configuration being construction as part of this project. This will include a three-lane section
and a bike lane within the existing pavement width, from the south end of the proposed
reconstruction to Lincolnway West.
5.The CONSULTANT shall design a storm sewer network in accordance with the requirements of
the LPA’s design standards and the IDM.
a.Calculations will include pipe sizing, inlet spacing, hydraulic grade line calculations and gutter
spread calculations.
b.The LPA shall provide the outfall location for the proposed storm sewer network.
6.The CONSULTANT shall prepare Erosion Control Plans in coordination with preparation of the
Construction Stormwater General Permit. The plans will include temporary and permanent erosion
control measures for the project.
7.The CONSULTANT shall prepare plans for ADA compliant curb ramps and crosswalks at the
intersections of Lathrop Street & Bendix Drive and Voorde Drive & Bendix Drive. It is anticipated
that pedestrian crossings will only be provided in the north/south direction at the Bendix
Drive/Lathrop Street intersection, across the east approach of Lathrop Street.
8.The CONSULTANT shall prepare landscape and planting plans for both sides of Bendix Drive
within the project limits.
a.Prepare Planting Design Documents consisting of detailed construction drawings and technical
specifications for the Project Area.
b.Coordinate with City of South Bend Forester for plant species selection.
c.FAA Coordination for planting requirements and restrictions.
9.The CONSULTANT shall prepare and submit to INDOT plans, calculations, and supporting
documentation in accordance with the IDM Chapter 14 for the following design milestone
submissions: Stage 1 and Preliminary Field Check (PFC). Submissions of Stage 3 and Final
Tracings will be done under a supplemental agreement to this contract.
10.The CONSULTANT shall perform the services listed above to approximately 55% completion as
part of this agreement. It is anticipated that a supplemental agreement will be provided at a later
date to complete this task.
F.Water Main and Sanitary Sewer Design
The CONSULTANT shall prepare design plans that will include the replacement of approximately
4,100 feet of 12-inch water main and up to five lead service line replacements.
1.Bid items, quantities, and special provisions will be developed to meet INDOT bidding
requirements and pay items. Construction materials and design will be based on the LPA’s design
standards.
2.Survey and design of each lead service line replacement, from the right-of-way to the water meter,
is not included.
3.An integrated water quality approach for the community outreach is not included in this agreement.
4.It is anticipated that the design shall include minor improvements to the existing sanitary/combined
sewer manholes. Design of a new sanitary sewer system or rehabilitation of the existing combined
sewer system is not included in this Agreement.
5.The CONSULTANT shall perform the services listed above to approximately 40% completion as
part of this agreement. It is anticipated that a supplemental agreement will be provided at a later
date to complete this task.
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G.Traffic Signal Design at Voorde Drive and Bendix Drive
The CONSULTANT shall prepare design plans that will include traffic signal plans for the intersection
of Bendix Drive and Voorde Drive.
1.Traffic signal designs will incorporate the following:
a.Fully-actuated operation utilizing GridSmart vehicle detection equipment.
b.Pedestrian indications and APS push buttons.
c.Opticom emergency vehicle pre-emption equipment.
d.Traffic signal phase sequence to match existing operation.
e.INDOT standard signal mast arms and poles, with lighting arms and LED lights (at 2 corners),
painted black.
2.The CONSULTANT shall provide utility coordination for the signal service point, if required.
3.The CONSULTANT shall perform the services listed above to approximately 25% completion as
part of this agreement. It is anticipated that a supplemental agreement will be provided at a later
date to complete this task.
H.Traffic Signal Design at Lathrop Street and Bendix Drive
The CONSULTANT shall prepare design plans that will include traffic signal plans for the intersection
of Bendix Drive and Lathrop Street.
1.Traffic signal designs will incorporate the following:
a.Fully-actuated operation utilizing GridSmart vehicle detection equipment.
b.Pedestrian indications and APS push buttons.
c.Opticom emergency vehicle pre-emption equipment.
d.Traffic signal phase sequence will include flashing yellow arrow for northbound and
southbound protected/permissive movements from Bendix Drive onto Lathrop Street.
e.INDOT standard signal mast arms and poles, with lighting arms and LED lights (at 2 corners),
painted black.
2.The CONSULTANT shall provide utility coordination for the signal service point, if required.
3.The CONSULTANT shall perform the services listed above to approximately 25% completion as
part of this agreement. It is anticipated that a supplemental agreement will be provided at a later
date to complete this task.
I.Pavement Design
The CONSULTANT shall prepare a pavement design for review and approval by LPA. The
CONSULTANT will review the geotechnical report and design pavement sections in accordance with
Part 6 of the Indiana Design Manual. Pavement design will be performed using AASHTOWare
Pavement ME Design Software and will be documented in a memo for the LPA’s approval. It is assumed
the pavement design will not be reviewed/approved by INDOT
J.Environmental Document Preparation (NEPA)
1.The CONSULTANT shall perform the following base services to complete a Level 2 Categorical
Exclusion Environmental Study (CE) to satisfy State and Federal environmental documentation
requirements. The environmental compliance services shall consist of the following work elements:
a.Project Management: This task includes all file management, subconsultant management,
review of project budget, and general project management activities associated with the
preparation of the CE document.
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b.Perform field reconnaissance to verify that the INDOT Level 2 CE impact criteria and
thresholds would not be exceeded by the project, and to collect information on resources within
the project area.
c.Prepare preliminary resource information about the project and project area including
supporting maps and photographs (aerial and ground).
d.Prepare a Red Flag Investigation using the current INDOT template, including IDEM Virtual
File Cabinet Data review.
e.Perform Early Coordination with state and federal natural resource and regulatory agencies.
f.Complete USFWS IPaC programmatic consultation.
g.Prepare a Section 106 Minor Projects Programmatic Agreement submittal and submit to
INDOT. It is assumed that the project will not impact previously undisturbed soils.
h.Perform environmental studies to assess the project’s effects upon social economic and
environmental resources, including water resources, terrestrial habitats and wildlife, and
community resources such as neighborhood cohesion, aesthetics and noise.
i.Prepare a Draft CE, using the appropriate current INDOT document template, for INDOT
review/comment.
j.Revise the Draft CE, as necessary, and submit to INDOT for release for public involvement.
k.Assist in the disposition of public comments relating to environmental issues.
l.Finalize the CE after INDOT certification of the public involvement process. Submit the Final
CE to INDOT for approval.
m.Prepare requested duplicate copies of approved CE for distribution and the LPA’s files.
n.Complete and upload the Environmental Commitments Database Spreadsheet.
o.The above-described environmental compliance services shall be performed in accordance with
the Procedural Manual for Preparing Environmental Documents (INDOT, 2008), the Indiana
Categorical Exclusion Manual (INDOT/FHWA-IN, 2021), the Indiana Cultural Resource
Manual (2014) and other guidance and/or procedures for compliance issued by INDOT and
FHWA.
K.Waters of the US Determination Report
1.Waters of the US Determination Report services for surface waters and wetlands will be provided
for the project. The Waters of the US Determination will be based on the CONSULTANT’s best
judgment based on the guidelines set forth by the US Army Corps of Engineers for determining the
jurisdictional status of surface waters and wetlands. If wetlands are identified, a routine wetland
delineation will be performed. The final determination of jurisdictional waters is ultimately made
by the US Army Corps of Engineers. The services required for the Waters of the US Determination
Report include:
a.Gather available secondary source data including, but not limited to, topographic and/or USGS
quadrangle maps, National Wetland Inventory Maps, NRCS soil surveys, aerial photographs,
and FEMA flood maps and various documents and maps that may be available from State,
county or local public agencies.
b.Perform an on-site reconnaissance to collect supplemental information about the general
characteristics of identified drainage features and wetlands including vegetation, soils and site
hydrology. Review the collected data and determine whether the vegetation, soils and
hydrology characteristics indicate the presence of jurisdictional wetland(s).
c.Conduct field flagging of the ordinary high-water mark (OHWM) of any potentially
jurisdictional the ditch/surface waters for survey pick-up.
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d.Prepare a brief report of the Waters of the US Determination findings including a location map
and study boundary shown on a site drawing or aerial photograph.
e.Complete a Preliminary Jurisdictional Determination Form for inclusion in the report.
L.Public Information/Design Hearing Meeting
The CONSULTANT shall assist the LPA in holding a Public Information or a Design Hearing Meeting,
if required. The CONSULTANT shall provide the following services as required for the meeting:
1.The CONSULTANT shall attend the meeting.
2.Prepare materials for the meeting, including displays and handouts.
3.Assist the LPA in obtaining a location to conduct the meeting.
4.Prepare a PowerPoint presentation to present at the meeting, if necessary.
5.Prepare legal notices for publication concerning the meeting location, date, etc., if required.
6.Prepare a summary of the meeting minutes for the items discussed.
7.If a Design Hearing is required, the CONSULTANT shall prepare transcripts listing all public
comments with responses.
M.Airport and Railroad Coordination
1.An allowance of $18,400.00 has been included for the CONSULTANT to coordinate with the South
Bend International Airport (SBIA) and the Northern Indiana Commuter Transportation District
(NICTD), as directed and described below.
2.The CONSULTANT shall provide railroad coordination with NICTD. Railroad coordination shall
be performed in accordance with Chapter 105 of the IDM and shall include the following, as
necessary:
a.Schedule an on-site meeting with railroad, if necessary.
b.Coordination with NICTD for review and approval of preliminary plans for proposed
improvements near the railroad.
c.Prepare railroad permitting, as required, and coordinate with NICTD for review and approval.
Permit fees will be considered a reimbursable expense.
d.Monitor the permit approval process and provide any additional information, as necessary, to
secure the permits.
e.Prepare and coordinate the railroad agreements between NICTD and the LPA, including but
not limited to, force account, flagging during field/design services, and flagging during
construction.
f.Development of the railroad special provision to be included in the letting documents.
g.It is assumed that any railroad track design and construction will be performed by the railroad
through the Force Account agreement.
h.It is anticipated that the storm sewer will cross under the existing NICTD track and be installed
via jack and bore method.
3.The CONSULTANT shall provide coordination with the South Bend International Airport. Airport
coordination shall include the following:
a.Contact SBIA to obtain pertinent information concerning, but not limited to, existing SBIA
facilities, glide path restrictions across Bendix Drive within the limits of the east-west runway,
and restrictions related to construction activities for this project,
b.Provide preliminary plans to SBIA for their review and approval,
c.Attend up to two coordination/plan review meetings with SBIA to facilitate review and
approval of the proposed improvements,
d.Prepare SBIA/FAA permitting, as required – including FAA Form 7460-1, and coordinate with
review and approval. Permit fees will be considered a reimbursable expense.
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N.Utility Coordination
The CONSULTANT shall perform utility coordination services in accordance with Indiana Design
Manual, Chapter 104 (“IDM”) and 105 IAC 13. If a conflict exists between the IDM and any other
INDOT training, the IDM shall govern.
1.The CONSULTANT shall have an INDOT Certified Utility Coordinator as part of the project team
and responsible for the primary utility coordination duties.
2.The CONSULTANT will be responsible for initial utility identification, sending the letters
required by the IDM, coordinating with the utility and design team throughout the project,
obtaining utility work plans, and completing the utility coordination certification and special
provision 107-R-169.
3.The CONSULTANT’s utility coordination services under this section do not include contractor
constructability or safety reviews. The CONSULTANT will notify the utility if, in the process of
performing its utility coordination services, it becomes aware of any existing utilities that it
believes create a Constructability Conflict, as described in IDM Section 104-3.05(01).
O.Geotechnical Investigation
The CONSULTANT shall make or cause to be made, a complete roadway geotechnical investigation
to be in accordance with the Geotechnical Manual, INDOT Materials and Tests Division, 2016 edition,
of which a copy is on file with the Indiana Department of Transportation and same is incorporated herein
by reference and is made a part hereof. The Geotechnical Investigation shall include up to up to 7
roadway borings to a depth of 15 feet and up to 2 borings to a depth of 25 feet for proposed traffic
signals. Location of the borings are to be determined.
1.An allowance of $29,600.00 has been included for the CONSULTANT and/or
SUBCONSULTANT to perform Geotechnical Investigation services, as directed and described
below.
2.Prior to making the borings, the CONSULTANT shall submit boring specifications and boring
locations and sketches for concurrence by the LPA. Borings shall extend sufficiently in depth to
obtain characteristic data for the proper design of the pavement, storm sewer, and traffic signals.
The CONSULTANT shall backfill or cause to be backfilled the bore holes in accordance with
Aquifer Protection Guidelines, dated October 30, 1996. A copy of the document is on file with
the Indiana Department of Transportation, Division of Materials and Tests, Geotechnical Section.
P.Right of Way Engineering Services
Upon determination of the required permanent and temporary right of way required, the
CONSULTANT shall perform right of way engineering services, to include:
1.Order title abstracting for each parcel during the field survey and perform preliminary right of way
engineering to determine existing property lines and right of way.
2.Obtain update to title at the time of final right of way engineering, if required.
3.Prepare a legal description for each parcel of right of way to be acquired.
4.Prepare a plat for each parcel of permanent right of way to be acquired.
5.Prepare Final Right of Way Plans as required by the current INDOT Right of Way Engineering
Manual.
6.Upload Right of Way engineering documents to ERMS and ITAP Land Records System (LRS).
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Q.Right of Way Acquisition Services
In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the
appropriate regulations and requirements of the Indiana Department of Transportation and Federal
Highway Administration.
It is anticipated the project requires acquisition from approximately 11 parcels.
The CONSULTANT shall perform all Right of Way Acquisition activities in accordance with INDOT’s
and FHWA’s procedures as outlined in the Real Estate Division Manual by INDOT, August 2021. Right
of Way Acquisition activities are as follows:
1.The CONSULTANT shall provide Right of Way Early Assessment for each parcel to be acquired.
Such activities may include development of probable right of way costs, determination of appraisal
types, right of way evaluation for identification of land improvements, cost-to-cure items, severance
damages and evaluation for mitigation of project right of way impacts.
2.The CONSULTANT may engage, as a subcontractor, a review appraiser who shall prepare an
Appraisal Problem Analysis (APA).
3.When the appraiser advises that he requires the right of way taking to be staked so that the appraisal
process can proceed, the CONSULTANT will mark the point where the new right of way line
crosses each property line and will mark each property corner within the proposed taking. When
directed, the CONSULTANT will stake the approximate location of the existing right of way lines
to assist the property owner to visualize the amount of proposed property to be acquired. Points
will be marked by survey stake. The right of way staking is based on completing all parcels once
(one time).
4.Upon review of the appraisal problem analysis and upon receipt of written authorization from the
LPA, the CONSULTANT shall cause each acquisition parcel to be appraised. The CONSULTANT
may utilize a member of the CONSULTANT’s staff for this purpose or may engage an INDOT-
approved appraiser as a subconsultant.
5.All such appraisals shall be reviewed by an INDOT approved review appraiser and then forwarded
to the LPA for approval of just compensation. The CONSULTANT may engage, as a
subcontractor, a review appraiser for each parcel.
6.Prepare transfer documents for each parcel including permanent and temporary parcels to be
acquired.
7.Upon approval of the appraisals and when specifically authorized by the LPA, the CONSULTANT
shall contact each parcel owner and make an offer to purchase the required property. The
CONSULTANT may utilize a member of the CONSULTANT’s staff for this purpose or may
engage an INDOT-approved buyer as a subconsultant.
8.Any modifications to the appraisal price or changes in the plans recommended during negotiations
must be approved by the LPA.
9.Appraising and buying coordination shall include the administration of subconsultant agreements
and coordination of title work, appraisal problem analysis, appraisals, review appraisals, just
compensation certification, buying and required approvals from the LPA, INDOT and FHWA.
Coordination does not include assistance with condemnation proceedings, property management,
or relocation, if required.
10.If required, the SUBCONSULTANT shall prepare Temporary Right of Entries for lead service line
replacement during the construction phase, if required.
R.The CONSULTANT shall perform all phases of the work described in this Agreement necessary to
accomplish the complete design of the project in conformity with the policies and standards set forth in
23 CFR 625, and in conformity with the standards adopted by the American Association of State and
Highway and Transportation Officials and approved by the Secretary of Transportation. The project will
be designed in English units and shall be in accordance with the following documents:
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1.INDOT’s LPA Guidance Manual.
2.City of South Bend Standards and Specifications.
3.A Policy on Geometric Design of Highways and Streets, American Association of State Highway
and Transportation Officials.
4.Roadside Design Guide,
5.American Association of State Highway and Transportation Officials.
6.Standard Specifications, Indiana Department of Transportation.
7.The Indiana Department of Transportation Design Manual.
8.Indiana Manual on Uniform Traffic Control Devices for Streets and Highways.
S.Upon completion and final approval of the work by LPA, the CONSULTANT shall deliver to the LPA
the following, which shall become the property of the LPA:
1.Electronic copies of the plans, specifications, and statement of probable construction cost.
2.Electronic copies of the design computations, CAD drawing files, survey data, and paper copies
of the plans are available to the LPA upon request.
T.Services resulting from significant changes in the general scope, extent or character of the Project or its
design including, but not limited to, changes in size, complexity, LPA's schedule, character of
construction or method of financing; and revising previously accepted studies, reports, design
documents or Contract Documents when such revisions are required by changes in laws, rules,
regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports,
or documents, or are due to any other causes beyond CONSULTANT 's control, shall require a change
in work as provided by Section 6 - General Provisions, Paragraph 6 titled "Changes in Work".
U.In fulfillment of this Agreement, the CONSULTANT shall comply with the requirements of the
appropriate regulations and requirements of the Indiana Department of Transportation for a Federal-Aid
Project.
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APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA:
The LPA shall furnish the CONSULTANT with the following:
1.Designate in writing a person to act as LPA's representative with respect to the services to be
rendered under this Agreement. Such person shall have complete authority to transmit instructions,
receive information, interpret and define LPA's policies and decisions with respect to the
CONSULTANT's services for the Project,
2.Criteria for design and details for signs, signals, lighting, highway and structures such as grades,
curves, sight distances, clearances, design loading, etc.,
3.Standard Specifications and standard drawings applicable to the project,
4.All written views pertinent to the location and environmental studies that are received by INDOT,
5.Traffic Signal Warrants (New Signal) and Traffic Lighting Warrants (New Lighting),
6.Available data from the transportation planning process,
7.LPA utility plans including the location of traffic signal conduits throughout the affected areas,
8.Aerial Survey information,
9.Existing water quality data,
10.Previous Geotechnical investigation(s), if applicable,
11.Arrange for a venue to hold public meetings, if required,
12.Arrange for access to and make all provisions for CONSULTANT and/or Subcontractors to enter
upon public and private property as required to perform services under this Agreement,
13.Provide legal services for condemnation proceedings, if required,
14.The money and proof of payment/delivery for all payments due property owners and/or applicable
property interests,
15.Partial mortgage release fees,
16.Property Management,
17.Conveyance instruments which have been prepared and/or approved for each parcel by LPA legal
counsel,
18.Furnish approvals and necessary permits from all governmental authorities having jurisdiction over
the Project and such approvals and consents from others as may be necessary for completion of
the Project. Permit fees shall be paid by LPA at time of submission of said applications,
19.Examine all studies, reports, sketches, drawings, specifications, proposals and other documents
presented by CONSULTANT, obtain advice of attorney, insurance counselor and other consultants
as LPA deems appropriate for such examination and render in writing decisions pertaining thereto
within a reasonable time so as not to delay the services of CONSULTANT,
20.Provide written approval of completed work phases as described in Appendix "A" of this
Agreement. Accomplish reviews and provide written approvals in a timely manner,
21.Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in Appendix “E”
of this Agreement or other services as required,
22.A location for the storm water system outfall, constructed prior to this project,
23.Existing/as-built traffic signal plans for the intersections of Bendix Drive/Lathrop Street and
Bendix Drive/Voorde Drive.
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APPENDIX "C"
SCHEDULE:
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:
1.Field Survey completed within 90 days after receipt of Notice to Proceed (NTP).
2.The basic environmental compliance services shall be completed in accordance with the following
schedule. The receipt of a Level 2 CE is anticipated to be obtained within 365 calendar days
following receipt of the Notice to Proceed. This schedule includes typical coordination and review
times by the LPA, INDOT, FHWA-IN, resource agencies, SHPO, and/or Section 106 consulting
parties. If Additional Services are necessary, modification to the schedule may be required.
a.Data Collection, Field Reconnaissance and Section 106 Consulting Party Invitation – 30
days after receipt of Notice to Proceed (NTP).
b.Early Coordination Request to Natural Resource Agencies– 45 days after receipt of Notice
to Proceed (NTP).
c.Historic Property Report (Standard or Short Form), and Archaeological Records Check
Report –– 75 days after receipt of Notice to Proceed (NTP).
d.Submit Historic Properties Report to INDOT for approval (approximately 15-day review)
–NTP + 90 days
e.Prepare and Submit Section 106 Documentation and Consultation – 240 days after receipt
of Notice to Proceed (NTP).
f.Prepare Draft CE for INDOT review/comment (15-day review) – 285 days after receipt of
Notice to Proceed (NTP).
g.Submit Final CE to INDOT for release for public involvement – 335 days after receipt of
Notice to Proceed (NTP).
h.Make any necessary revisions to Final CE based upon disposition of public hearing
comments, submit to INDOT for approval (15-day review) – 15 days after receiving the
Hearing Certification.
3.Roadway Design and Plans
a.Stage 1 Plans within 120 days after completion of the topographical survey.
b.Preliminary Field Check (PFC) plans submitted 90 days after approval of the Stage 1 Plans.
c.PFC Meeting held within 30 days after submitting PFC Plans.
d.Design Hearing, if required, held within 120 days after the PFC Meeting and the draft CE
document is approved for public involvement.
e.It is anticipated that the services outlined in this agreement only cover progressing the
design plans to a Stage 2 level and that a supplemental agreement will be provided prior to
progressing to Stage 3.
f.Stage 3 Plans based on INDOT’s Letting Preparation Schedule for the specified letting
date.
g.Final Tracings based on INDOT’s Letting Preparation Schedule for the specified letting
date.
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31
4.Geotechnical Investigation and Reports
a.Completed no later than 90 days after the Preliminary Field Check Meeting.
5.Right-of-Way Engineering
a.Title research, R/W engineering, plats, and legal descriptions within 120 calendar days
after the Design Hearing or within 180 calendar days after Preliminary Field Check (if
determined to be the critical path for the project schedule).
6.Right of Way Acquisition
a.Appraisal Problem Analysis (APA) within 30 calendar days after Notice to Proceed (NTP)
with Right of Way Acquisition Services.
b.Appraisals within 60 calendar days after approval of the APA from LPA.
c.Review Appraisals and Statements of the Basis for Just Compensation within 30 calendar
days after receipt of each appraisal from the Appraiser.
d.Negotiation to begin for each parcel within 30 calendar days after receipt of Notice to
Proceed with buying on each parcel and approval of the environmental document.
Approximately 120 additional calendar days are anticipated to complete the buying phase
for each parcel unless the parcel proceeds to condemnation or if the owner rejects the initial
offer.
7.The Letting date for the Project is July 8, 2026, based on a notice to proceed of May 1, 2022 and
an approved Supplemental Agreement for Final Plans on or before January 1, 2024.
[Remainder of Page Intentionally Left Blank]
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32
APPENDIX "D"
COMPENSATION:
A.Amount of Payment
1.The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee
not to exceed $777,110.00 unless a modification of this agreement is approved in writing by the LPA.
2.The CONSULTANT 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:
Task Description Amount
A. Project Management $59,300.00
B. Topographic Field Survey $50,100.00
C. Location Control Route Survey Plat (LCRSP) $8,900.00
D. Subsurface Utility Engineering (Allowance)* $65,700.00
E. Roadway Design Plans (Preliminary Plans) $285,000.00
F. Water Main and Sanitary Sewer Design (Preliminary Plans) $31,800.00
G. Traffic Signal Design at Voorde Drive and Bendix Drive (Preliminary Plans) $5,000.00
H. Traffic Signal Design at Lathrop Street and Bendix Drive (Preliminary Plans) $5,000.00
I. Pavement Design $7,300.00
J. Environmental Document Preparation (NEPA) $23,100.00
K. Waters of the US Determination Report $6,700.00
L. Public Information/Design Hearing Meeting (Hourly Rate) $17,400.00
M. Airport and Railroad Coordination (Allowance)* $18,400.00
N. Utility Coordination $21,800.00
O. Geotechnical Investigation (Allowance)* $29,600.00
P. Right of Way Engineering Services**
$50,600.00
1.Title Abstracting (Est. 20 Tax IDs @ $550.00 ea.) = $11,000.00
2.Right of Way Engineering & Plans (Est. 11 Parcels @ $3,100.00 ea.) = $34,100.00
3.Right of Way Staking (Est. 11 Parcels @ $500.00 ea.) = $5,500.00
Q. Right of Way Acquisition Services***
$91,410.00
1.Right of Way Early Assessment (11 @ Est. $140.00 ea.) = $1,540.00
2.Appraisal Problem Analysis (11 @ Est. $260.00) = $2,860.00
3.Appraisal Services (11 @ Est. $2,000.00) = $22,000.00
4.Appraisal Review Services (11 @ Est. $1,000.00) = $11,000.00
5.Buying Services (11 @ Est. $2,075.00 ea.) = $22,825.00
6.Buying Review Services (11 @ Est. $350.00 ea.) = $3,850.00
7.Right of Way Management (11 @ $1,275.00 ea) = $14,025.00
8.Temporary Right of Entry, if Required (5@ $1,000.00 ea) = $5,000.00
9.Contingency (For Revisions) = $8,310.00
Total = $777,110.00
* Allowance amounts are estimates only. Actual amounts to be invoiced will be based on actual subconsultant’s
invoices and/or DLZ hourly rates in accordance with actual services provided
** Amounts are estimates only. Actual amounts to be invoiced will be based on actual number of parcels and/or
Tax IDs.
*** Amounts shown are estimates only. Actual amounts to be invoiced will be based on actual subconsultant’s
invoices and/or DLZ hourly rates in accordance with actual services provided based on the approved INDOT
rate schedule effective at the time of performance of services.
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33
Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated
hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized
costs as shown herein in Appendix "D", Section A.2.
The cost of permit application/regulatory fees will be considered as a reimbursable expense.
The CONSULTANT shall not be paid for any services performed by the LPA or not required to
develop this project.
3.For services and Reimbursable Expenses of independent professional associates, reimbursable
railroad expenses and consultants employed by CONSULTANT, the CONSULTANT shall be
reimbursed for the invoiced amount of said services.
4.For those services performed by the CONSULTANT, which are included in the itemized costs, as
shown herein in Appendix “D”, Section 2 as an “Hourly Rate”, the CONSULTANT will be paid
on the basis of actual hours of work performed by essential personnel exclusively on this Agreement
at the employee classification hourly rate in accordance with the CONSULTANT’s fee structure
attached in Appendix F.
5.The CONSULTANT shall receive as payment from the LPA for the Additional Services rendered
under this Agreement as follows:
a.For Additional Services of CONSULTANT's principals and employees engaged on the
project, except services to appear as a consultant or witness, on the basis of the employee
classification hourly rate and all Reimbursable Expenses incurred in connection with all
Additional Services in accordance with the CONSULTANT's fee structure attached as
Exhibit F to this Agreement and made an integral part hereof only after approval of a
supplemental agreement between the LOCAL PUBLIC AGENCY and CONSULTANT.
b.For services and Reimbursable Expenses of independent professional associates and
consultants employed by CONSULTANT to render Additional Services, the
CONSULTANT shall be reimbursed for the invoiced amount of said services.
c.For services rendered by CONSULTANT's principals and employees to appear as
consultants or witnesses in any litigation, arbitration or other legal or administrative
proceeding, except for time spent in preparing to appear in any such litigation, arbitration
or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion
thereof.
d.The hourly rates, which are attached as Exhibit F and used as a basis for payment, mean
salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged
directly on the project, including, but not limited to, engineers, architects, surveyors,
planners, designers, draftsmen, specification writers, estimators, other technical and
business personnel, and include the cost of customary and statutory benefits including, but
not limited to, social security contributions, unemployment, excise and payroll taxes,
worker's compensation, health and retirement benefits, sick leave, vacation and holiday
pay, other group benefits, overhead expenses and profit.
e.Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or
CONSULTANT 's independent professional associates or consultants, directly or indirectly
in connection with the project, such as expenses for: transportation and subsistence
incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail,
reproduction of reports, drawings, specifications, bidding documents and similar project
related items in addition to those required under Appendix "A"; and, if authorized in
advance by the LPA, overtime work requiring higher than regular rates.
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6.In consideration for condemnation proceedings described below, the LPA agrees to Pay the Right
of Way Manager, Appraiser, Review Appraiser, and Buyer on a daily basis (or on a pro rata basis
for less than a day) the following sums:
Pre-Trial Conference
& Preparation
Testimony in Court
as Expert Witness
Right of Way Manager $2,000.00 per day
$1,000.00 per ½ day
$2,000.00 per day
$1,000.00 per ½ day
Appraiser $1,200.00 per day
$600.00 per ½ day
$1,200.00 per day
$600.00 per ½ day
Review Appraiser $ 1,500.00 per day
$750.00 per ½ day
$ 1,500.00 per day
$750.00 per ½ day
Buyer $ 1,500.00 per day
$750.00 per ½ day
$ 1,500.00 per day
$750.00 per ½ day
B.Method of Payment for Design Services
1.The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work
covered under this Agreement. The invoice voucher shall be submitted to the LPA. The invoice
voucher shall represent the value, to the LPA, of the partially completed work as of the date of the
invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section
A.2 of this Appendix, percentage completed and prior payments.
2.The LPA, for and in consideration of the rendering of the engineering services provided for in
Appendix "A", agrees to pay to the CONSULTANT for rendering such services the fees established
above in the following manner:
a.The amount invoiced based upon percent complete or the contract unit price, except that:
i.Upon completion of the geotechnical fieldwork, the first submission of the
Geotechnical Report and the Geotechnical Profile Drawings to the LPA, the
CONSULTANT may submit a request for payment for the soils field work.
(a)Upon completion of the field investigation (cores and soil borings)80%
(b)Upon Completion of the Final Report 100%
ii.The maximum payment for Roadway Design Plans shall be in accordance with the
following schedule:
(a)Stage 1 50%
(b)Preliminary Field Check (PFC) 95%
(c)Stage 2 (Not a formal INDOT submission)100%
iii.It is anticipated that the services outlined in this agreement only cover progressing the
design plans to an INDOT Stage 2 (55%) level and that a supplemental agreement will
be provided prior to progressing to Stage 3 and Final Tracings.
iv.Payment for any item not otherwise set out herein shall be made based upon percentage
of completion.
3.The LPA for and in consideration of the rendering of the engineering services provided for in
Appendix "A", agrees to pay the CONSULTANT for rendering such services the fee established
above upon completion of the work thereunder and acceptance thereof by the LPA.
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4.The LPA for and in consideration of the rendering of the additional services provided in Appendix
"E”, agrees to pay the CONSULTANT for rendering such services the payments established above
upon completion of the work thereunder and acceptance thereof by the LPA.
5.If design changes are required during construction due to design errors in the final plans or
specifications, the CONSULTANT will make such necessary design changes without additional
cost to the LPA. However, if design changes are required during construction which are occasioned
by changed conditions or conditions which could not have been reasonably foreseen by the
CONSULTANT prior to construction, the CONSULTANT will be paid for such modifications on
the basis of actual hours of work performed by essential personnel exclusively on this contract at
the employee hourly rate in accordance with the CONSULTANT 's fee structure attached as
Appendix “F” to this Agreement.
6.If LPA fails to make any payment due CONSULTANT for services and expenses within thirty (30)
days after receipt of CONSULTANT 's statement, CONSULTANT may, after giving seven (7)
days' written notice to LPA, suspend services under this Agreement until CONSULTANT has been
paid in full all amounts due for services, expenses, and changes.
7.In the event of a substantial change in scope, character, or complexity of the work on the project,
the maximum fee payable and the specified fee shall be adjusted in accordance with Section VI,
Paragraph 6 of this Agreement.
[Remainder of Page Intentionally Left Blank]
Version 6-8-2017
36
APPENDIX "E"
ADDITIONAL SERVICES:
A.If authorized in writing by the LPA, the CONSULTANT shall furnish or obtain from others Additional
Services of the types listed in the following paragraphs. These services are not included as part of the
basic services of the CONSULTANT except to the extent provided otherwise in Appendix "A". These
Additional Services will be paid for by the LPA as indicated in Appendix "D"
1.Preparation of applications and supporting documents for private or governmental grants, loans or
advances in connection with the project; preparation or review of environmental assessments and
impact statements; review and evaluation of the effect on the design requirements of the project of
any such statements and documents prepared by others; and assistance in obtaining approvals of
authorities having jurisdiction over the anticipated environmental impact of the project except as
specifically set out in Appendix "A".
2.Design Changes due to alternate funding of the project.
3.Providing renderings or models for LPA's use.
4.Preparing documents for alternate bids, phased letting(s) and/or multiple bid packages.
5.Investigations and studies involving, but not limited to, detailed consideration of operations,
maintenance and overhead expenses; providing value engineering during the course of design; the
preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals;
assistance in obtaining financing for the project; evaluating processes available for licensing and
assist LPA in obtaining process licensing; detailed quantity surveys of material, equipment and labor;
and audits or inventories required in connection with construction performed by LPA.
6.Furnishing services of independent professional associates and consultants not included in Appendix
“A” and as requested by the LPA.
7.Assistance in connection with bid protests, rebidding or renegotiating contracts for construction,
materials, equipment, or services. Preparation of revised bid documents for rebidding in the event
that bids as received are rejected for reasons not due to errors and omissions.
8.Providing any type of property surveys and staking to enable contractor(s) to proceed with their work;
and providing other special field surveys.
9.Preparing to serve or serving as a consultant or witness for LPA in any litigation, arbitration or other
legal or administrative proceeding involving the project.
10.Additional Services in connection with the project, including services which are to be furnished by
LPA in accordance with Appendix "B" and services not otherwise provided for in this Agreement.
11.Services to make measured drawings of or to investigate the accuracy of drawings or other
information furnished by the LPA.
12.Providing wetland mitigation services, or other services relating to wetlands which may exist within
the project limits.
13.Insurance premiums for insurance coverage beyond the limits defined elsewhere herein.
14.R/W easements except as defined herein.
15.Transportation planning and modeling.
16.Development of work/supplemental permitting resulting from coordination with the USEPA
regarding the St. Joseph Sole Source Aquifer.
17.Preparing design plans of temporary sheeting, as required.
18.Preparation of design and plans for retaining walls, as required.
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37
19.Design of slope stabilization.
20.Traffic signal warrants.
21.Lighting Design and Plans.
22.Performing an Existing Storm Sewer Analysis, including cleaning, and evaluating the condition of
the existing storm sewer pipes.
23.Design of a storm sewer outfall.
24.Providing the services of a relocation agent or relocation coordination.
25.Right of Way Condemnation Services.
26.Interconnect Design.
27.Preparation of as-built plans.
28.Survey and design of each lead service line replacement, from the right-of-way to the water meter
29.An integrated water quality approach for the community outreach
30.Comprehensive Wetland Delineation per the Corps of Engineers Manual, if required by the Corps.
31.Necessary permit forms and permit processing (US Army Corps of Engineers, US Coast Guard,
and/or Indiana Department of Natural Resources).
32.Wetland Permitting.
33.Wetland Mitigation Design Plans.
34.Annual mitigation monitoring, if required as a permit condition.
35.Floristic Quality Assessment.
36.Threatened and Endangered Species Surveys.
37.Other site investigations that may be required as a permit condition.
38.Preparation of an Environmental Assessment or Environmental Impact Statement.
39.QHEI or HHEI stream assessments.
40.Biological Assessment and consultation under Section 7 of the Endangered Species Act.
41.Aquatic or macroinvertebrate survey.
42.Archaeological investigation.
43.Preparation of a Level 3 - 4 CE.
44.Additional Specialized environmental compliance and/or assessment services including, but not
limited to: individual or programmatic Section 4(f) evaluations for involvement public parks,
recreational areas, wildlife, and waterfowl refuges, and/or historic sites; Section 6(f) Evaluation;
Initial Site Assessment or Preliminary Site Investigation for hazardous substances and/or
contamination; Air Quality analyses; Sole Source Aquifer groundwater assessment.
45.Preparation and coordination for any agreements between the City of South Bend Board of Public
Works and SBIA or FAA for this project.
46.Existing Sewer System Evaluation and Televising.
47.IDEM Water Main Construction Permit.*
48.Sanitary Sewer Design.
49.IDEM Sanitary Sewer Construction Permit.*
50.Routine Wetland Delineation.
51.Signal Timing Optimization.
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52.Preparation of a proprietary materials request for the proposed signal upgrades.*
53.Preparation and submission of the Construction Stormwater General Permit.*
54.Bid and Construction Phase Office Services.
55.Preparation and/or submission of Roadway Design Plans to Stage 3 and Final Tracings
Submission.*
56.Preparation and/or submission of Water Main Design Plans to Stage 3 and Final Tracings
Submission.*
57.Preparation and/or submission of Signal Design Plans to Stage 3 and Final Tracings Submission.*
* Services essential to the final completion of the project and required for INDOT Letting.
[Remainder of Page Intentionally Left Blank]
Version 6-8-2017
39
APPENDIX "F"
RATE SCHEDULE:
NEGOTIATED HOURLY BILLING RATES payroll: 1/14/2022
DLZ - 2022 INDOT eff. mult: 3.052325
Activity
Code Classification
2022
Avg.
Hourly
Labor
Rate
2022
Avg.
Hourly
Labor
Rate x
Overhead
@
2022
Avg.
Hourly
Labor
Rate +
OH
2022
Avg.
Hourly
Labor
Rate x
Profit @
2022
Avg.
Hourly
Labor
Rate x
Cost of
Money @
2022
Hourly
Billing
Rate
PROJECTED
2023
Hourly
Billing
Rate
2024
Hourly
Billing
Rate
2025
Hourly
Billing
Rate
2026
Hourly
Billing
Rate 164.55% 11.20% 1.00%
1A/1 Principal / Officer ** $73.13 $120.34 $193.47 $21.67 $0.73 $215.86 $222.12 $228.57 $235.19 $242.02
49D Director $71.53 $117.70 $189.24 $21.19 $0.72 $211.15 $217.27 $223.57 $230.05 $236.72
B01 Principal Architect ** $73.13 $120.34 $193.47 $21.67 $0.73 $215.86 $222.12 $228.57 $235.19 $242.02
49 Division Manager $69.40 $114.19 $183.59 $20.56 $0.69 $204.85 $210.79 $216.90 $223.19 $229.66
50 Department Manager $64.36 $105.90 $170.25 $19.07 $0.64 $189.96 $195.47 $201.14 $206.97 $212.98
237 Group Manager $56.85 $93.55 $150.40 $16.84 $0.57 $167.81 $172.68 $177.68 $182.84 $188.14
80 Sr. Project Manager $67.37 $110.86 $178.22 $19.96 $0.67 $198.86 $204.63 $210.56 $216.67 $222.95
208 Sr Project Manager PT $62.76 $103.26 $166.02 $18.59 $0.63 $185.24 $190.61 $196.14 $201.83 $207.68
207 Project Manager III $58.82 $96.79 $155.60 $17.43 $0.59 $173.62 $178.66 $183.84 $189.17 $194.65
217 Project Manager II $58.95 $97.00 $155.95 $17.47 $0.59 $174.01 $179.05 $184.25 $189.59 $195.09
216 Project Manager I $50.80 $83.59 $134.39 $15.05 $0.51 $149.95 $154.29 $158.77 $163.37 $168.11
21 Project Manager $42.58 $70.07 $112.65 $12.62 $0.43 $125.69 $129.33 $133.08 $136.94 $140.91
209 Project Manager PT ** $73.13 $120.34 $193.47 $21.67 $0.73 $215.86 $222.12 $228.57 $235.19 $242.02
145A Resident Project Engineer $63.02 $103.69 $166.71 $18.67 $0.63 $186.01 $191.41 $196.96 $202.67 $208.55
564 Architect IV $47.37 $77.94 $125.31 $14.03 $0.47 $139.82 $143.87 $148.04 $152.34 $156.75
58 Architect III $40.96 $67.39 $108.35 $12.13 $0.41 $120.89 $124.40 $128.00 $131.72 $135.54
57 Architect II $37.50 $61.71 $99.21 $11.11 $0.38 $110.69 $113.90 $117.21 $120.60 $124.10
570 Architectural Associate II $35.61 $58.60 $94.21 $10.55 $0.36 $105.11 $108.16 $111.30 $114.53 $117.85
569 Architectural Associate I $28.96 $47.65 $76.61 $8.58 $0.29 $85.48 $87.96 $90.51 $93.13 $95.83
488 Landscape Architect IV $39.15 $64.42 $103.57 $11.60 $0.39 $115.56 $118.91 $122.36 $125.91 $129.56
482 Landscape Architect II $30.60 $50.35 $80.95 $9.07 $0.31 $90.32 $92.94 $95.64 $98.41 $101.27
483 Landscape Architect I $30.28 $49.82 $80.09 $8.97 $0.30 $89.37 $91.96 $94.62 $97.37 $100.19
557 Structural Engineer VI $69.45 $114.28 $183.73 $20.58 $0.69 $205.00 $210.95 $217.06 $223.36 $229.84
559 Structural Engineer V $66.94 $110.15 $177.09 $19.83 $0.67 $197.59 $203.32 $209.22 $215.29 $221.53
558 Structural Engineer IV $56.39 $92.79 $149.17 $16.71 $0.56 $166.44 $171.27 $176.24 $181.35 $186.61
553 Structural Engineer III $41.79 $68.77 $110.56 $12.38 $0.42 $123.37 $126.94 $130.62 $134.41 $138.31
552 Structural Engineer II $39.50 $65.00 $104.50 $11.70 $0.40 $116.60 $119.98 $123.46 $127.04 $130.72
551 Structural Engineer I $32.40 $53.31 $85.71 $9.60 $0.32 $95.64 $98.41 $101.27 $104.20 $107.22
313E Civil Engineer VI $52.45 $86.31 $138.76 $15.54 $0.52 $154.82 $159.31 $163.93 $168.69 $173.58
313D Civil Engineer V $58.45 $96.18 $154.63 $17.32 $0.58 $172.53 $177.54 $182.68 $187.98 $193.43
313C Civil Engineer IV $55.61 $91.51 $147.13 $16.48 $0.56 $164.16 $168.92 $173.82 $178.86 $184.05
313A Civil Engineer III $42.86 $70.53 $113.39 $12.70 $0.43 $126.52 $130.19 $133.97 $137.85 $141.85
313B Civil Engineer II $38.60 $63.52 $102.12 $11.44 $0.39 $113.94 $117.24 $120.64 $124.14 $127.74
313 Civil Engineer I $31.35 $51.59 $82.95 $9.29 $0.31 $92.55 $95.23 $98.00 $100.84 $103.76
298A Geotechnical Laboratory
Supervisor $38.15 $62.78 $100.93 $11.30 $0.38 $112.61 $115.88 $119.24 $122.70 $126.25
345 Geotechnical Engineer IV $56.20 $92.48 $148.68 $16.65 $0.56 $165.89 $170.70 $175.65 $180.75 $185.99
343 Geotechnical Engineer II $41.58 $68.43 $110.01 $12.32 $0.42 $122.75 $126.31 $129.97 $133.74 $137.62
342 Geotechnical Engineer I $32.33 $53.19 $85.52 $9.58 $0.32 $95.42 $98.18 $101.03 $103.96 $106.98
GIS GIS Specialist $30.03 $49.42 $79.45 $8.90 $0.30 $88.65 $91.22 $93.87 $96.59 $99.39
214 Surveyor V $49.55 $81.53 $131.08 $14.68 $0.50 $146.26 $150.50 $154.87 $159.36 $163.98
102 Surveyor IV $57.29 $94.27 $151.56 $16.97 $0.57 $169.11 $174.01 $179.06 $184.25 $189.59
218 Surveyor III $43.38 $71.37 $114.75 $12.85 $0.43 $128.03 $131.75 $135.57 $139.50 $143.54
31 Surveyor $41.55 $68.37 $109.92 $12.31 $0.42 $122.65 $126.20 $129.86 $133.63 $137.51
4 Survey Coordinator $45.25 $74.46 $119.71 $13.41 $0.45 $133.57 $137.44 $141.43 $145.53 $149.75
A4 Survey Apprentice Trainee 1 $15.00 $24.68 $39.68 $4.44 $0.15 $44.28 $45.56 $46.88 $48.24 $49.64
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40
NEGOTIATED HOURLY BILLING RATES payroll: 1/14/2022
DLZ - 2022 INDOT eff. mult: 3.052325
Activity
Code Classification
2022
Avg.
Hourly
Labor
Rate
2022
Avg.
Hourly
Labor
Rate x
Overhead
@
164.55%
2022
Avg.
Hourly
Labor
Rate +
OH
2022
Avg.
Hourly
Labor
Rate x
Profit @
11.20%
2022 Avg.
Hourly
Labor
Rate x
Cost of
Money @
1.00%
2022
Hourly
Billing
Rate
PROJECTED
2023
Hourly
Billing
Rate
2024
Hourly
Billing
Rate
2025
Hourly
Billing
Rate
2026
Hourly
Billing
Rate
94 Survey/Mapping Assistant $26.43 $43.48 $69.91 $7.83 $0.26 $78.00 $80.26 $82.59 $84.99 $87.45
127 Party Chief / Foreman /
Journeyman $41.83 $68.84 $110.67 $12.40 $0.42 $123.48 $127.07 $130.75 $134.54 $138.44
248 Instrument Person $34.49 $56.75 $91.24 $10.22 $0.34 $101.80 $104.76 $107.79 $110.92 $114.14
13 Rodman $27.46 $45.18 $72.64 $8.14 $0.27 $81.05 $83.40 $85.82 $88.31 $90.87
238 Right of Way Agent II $26.70 $43.93 $70.63 $7.91 $0.27 $78.81 $81.10 $83.45 $85.87 $88.36
232 Utility Coordinator $41.55 $68.37 $109.92 $12.31 $0.42 $122.65 $126.20 $129.86 $133.63 $137.51
138 Environmental Engineer/
Geo/Scientist IV $44.35 $72.98 $117.33 $13.14 $0.44 $130.91 $134.71 $138.62 $142.63 $146.77
223 Environmental Scientist III $38.25 $62.94 $101.19 $11.33 $0.38 $112.91 $116.18 $119.55 $123.02 $126.58
222 Environmental Scientist II $30.00 $49.37 $79.37 $8.89 $0.30 $88.55 $91.12 $93.76 $96.48 $99.28
137 Environmental Geo/Scientist I $28.00 $46.07 $74.07 $8.30 $0.28 $82.65 $85.05 $87.51 $90.05 $92.66
168 Drilling Geologist II $27.35 $45.00 $72.35 $8.10 $0.27 $80.73 $83.07 $85.48 $87.96 $90.51
165 Drilling Geologist I $22.00 $36.20 $58.20 $6.52 $0.22 $64.94 $66.82 $68.76 $70.75 $72.81
8609 Driller II $36.26 $59.67 $95.93 $10.74 $0.36 $107.03 $110.14 $113.33 $116.62 $120.00
8601 Driller I $25.75 $42.37 $68.12 $7.63 $0.26 $76.01 $78.21 $80.48 $82.82 $85.22
8602 Drillers Helper I $23.50 $38.67 $62.17 $6.96 $0.24 $69.37 $71.38 $73.45 $75.58 $77.77
170 Field Geotechnician II $22.53 $37.07 $59.60 $6.68 $0.23 $66.50 $68.43 $70.42 $72.46 $74.56
169 Field Geotechnician I $21.70 $35.71 $57.41 $6.43 $0.22 $64.05 $65.91 $67.82 $69.79 $71.81
349 Mechanical Engineer IV $60.60 $99.72 $160.32 $17.96 $0.61 $178.88 $184.07 $189.40 $194.90 $200.55
326 Mechanical Engineer III $48.02 $79.02 $127.04 $14.23 $0.48 $141.75 $145.86 $150.09 $154.44 $158.92
327 Mechanical Engineer II $37.60 $61.87 $99.47 $11.14 $0.38 $110.99 $114.21 $117.52 $120.93 $124.43
337 Mechanical Engineer I $35.17 $57.87 $93.03 $10.42 $0.35 $103.80 $106.82 $109.91 $113.10 $116.38
322 Electrical Engineer III $54.95 $90.42 $145.37 $16.28 $0.55 $162.20 $166.91 $171.75 $176.73 $181.85
338 Electrical Engineer II $41.70 $68.62 $110.32 $12.36 $0.42 $123.09 $126.66 $130.33 $134.11 $138.00
323 Electrical Engineer I $31.35 $51.59 $82.94 $9.29 $0.31 $92.54 $95.22 $97.98 $100.83 $103.75
126 Construction Observer Mgr /
Op Lv E/F $40.39 $66.46 $106.85 $11.97 $0.40 $119.22 $122.68 $126.24 $129.90 $133.67
152 Construction Observer / Op
Lv B/C/D $29.76 $48.97 $78.73 $8.82 $0.30 $87.84 $90.39 $93.01 $95.71 $98.48
476 Designer V $53.45 $87.95 $141.40 $15.84 $0.53 $157.77 $162.35 $167.06 $171.90 $176.89
474 Designer IV $41.81 $68.79 $110.60 $12.39 $0.42 $123.40 $126.98 $130.66 $134.45 $138.35
473 Designer III $36.79 $60.53 $97.32 $10.90 $0.37 $108.59 $111.74 $114.98 $118.31 $121.74
472 Designer II $33.85 $55.70 $89.55 $10.03 $0.34 $99.92 $102.82 $105.80 $108.87 $112.02
28 Designer I $33.93 $55.83 $89.76 $10.05 $0.34 $100.15 $103.06 $106.05 $109.12 $112.29
9930 Lab Geotechnician III $26.35 $43.36 $69.71 $7.81 $0.26 $77.78 $80.04 $82.36 $84.74 $87.20
9932 Lab
Technician/Geotechnician I $18.35 $30.19 $48.54 $5.44 $0.18 $54.17 $55.74 $57.35 $59.02 $60.73
544 Technician IV $30.43 $50.06 $80.49 $9.01 $0.30 $89.81 $92.41 $95.09 $97.85 $100.69
543 Technician III $27.11 $44.60 $71.71 $8.03 $0.27 $80.01 $82.33 $84.72 $87.18 $89.71
542 Technician II $27.14 $44.66 $71.80 $8.04 $0.27 $80.12 $82.44 $84.83 $87.29 $89.82
29 Technician I $19.85 $32.66 $52.51 $5.88 $0.20 $58.59 $60.29 $62.04 $63.84 $65.69
391 Asbestos Technician I $22.50 $37.02 $59.52 $6.67 $0.23 $66.42 $68.34 $70.32 $72.36 $74.46
61M Materials Testing Tech 4a $34.06 $56.05 $90.11 $10.09 $0.34 $100.54 $103.45 $106.45 $109.54 $112.72
430 Office Services / Project
Controls Specialist $34.19 $56.26 $90.44 $10.13 $0.34 $100.91 $103.84 $106.85 $109.95 $113.14
023 Software Developer $37.75 $62.12 $99.87 $11.19 $0.38 $111.43 $114.66 $117.99 $121.41 $124.93
43 Clerical I/II / Receptionist /
Adm Assist $24.05 $39.58 $63.63 $7.13 $0.24 $70.99 $73.05 $75.17 $77.35 $79.59
06 College Interns $18.53 $30.50 $49.03 $5.49 $0.19 $54.70 $56.29 $57.92 $59.60 $61.33
139 Planner V $59.35 $97.66 $157.01 $17.59 $0.59 $175.19 $180.27 $185.50 $190.88 $196.41
491 Planner IV $48.40 $79.64 $128.04 $14.34 $0.48 $142.87 $147.01 $151.27 $155.66 $160.17
55 Safety Coordinator / Sr. $37.75 $62.12 $99.87 $11.19 $0.38 $111.43 $114.66 $117.99 $121.41 $124.93
A5 Apprentice 5 $38.95 $64.09 $103.04 $11.54 $0.39 $114.97 $118.31 $121.74 $125.27 $128.90
A8 Apprentice 2 $24.95 $41.06 $66.01 $7.39 $0.25 $73.65 $75.78 $77.98 $80.24 $82.57
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: March 30, 2022
Name: Leslie Biek Department of Public Works – Engineering Division
BPW Date: March 31, 2022 special meeting Phone Extension: 9323
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Clara McDaniels
Dept. Attorney Attorney Name
Purchasing Michael Schmidt
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name DLZ Indiana
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Bendix Drive Improvements (Lathrop to Voorde)
Project Number 121-047 (INDOT DES2100022)
Funding Source PR-00016028
Account No. 251-06-600-506-431000—PROJ 338
Amount $777,110.00
Terms of Contract NTE
Purpose/Description Design and R/W professional services for Bendix Ph 2. This is an LPA
project and will be federally reimbursed at 80%.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
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%
( %)
Time Extension Amount:
New Completion Date: