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HomeMy WebLinkAboutPSA - SRTS Our Lady of Hungary Neighborhood Proj No. 122-007 - Shrewsberry & Assoc.  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 April 12, 2022 Mr. Mark St. John, PE Shrewberry & Associates, LLC 7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 mstjohn@shrewsusa.com RE: Professional Services Agreement Dear Mr. St. John: At its April 12, 2022 meeting, the Board of Public Works approved the above referenced agreement for Local Public Agency Services for Safe Routes to School Our Lady of Hungary Neighborhood, DES#2100025 in an amount not to exceed $120,000 with a cost Share by INDOT (80% Federal / 20% Local). Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Version 6-8-2017 1 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, Indiana, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or “LPA”), and Shrewsberry & Associates, LLC (“the CONSULTANT”), a limited liability company organized under the laws of the State of Indiana. Des. No.: 2100025 Project Description: A Safe Routes to School project involving the design of replacement sidewalks and handicap accessible curb ramps along major school walking routes within the Our Lady of Hungary Neighborhood. The neighborhood is generally bounded by Indiana Avenue to the north, Ewing Avenue to the south, Olive Street to the west, and Franklin Street to the east. 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 12/31/2024. 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 $ 119,232. 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. April 12 Version 6-8-2017 2 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 Version 6-8-2017 3 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii.If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard 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. Version 6-8-2017 4 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. Version 6-8-2017 5 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 Version 6-8-2017 6 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. 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. Version 6-8-2017 7 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. 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. Version 6-8-2017 8 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. 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; Version 6-8-2017 9 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; 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. Version 6-8-2017 10 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. 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. Version 6-8-2017 11 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. 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: Version 6-8-2017 12 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. 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) days notice of cancellation to the LPA. 4.The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. V.Aircraft Liability (When Applicable) 1.When necessary to use aircraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT or SUB- CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft. 2.The policy shall provide thirty (30) days notice of cancellation to the LPA. 3.The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. 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: Version 6-8-2017 13 Notices to the LPA shall be sent to: Finnian Cavanaugh, Project Engineer 227 West Jefferson Boulevard South Bend, IN 46601 Notices to the CONSULTANT shall be sent to: Michael Farmer, Director of Transportation 7321 Shadeland Station; Suite 160 Indianapolis, IN 46256 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. 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. Version 6-8-2017 14 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. 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. Version 6-8-2017 15 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. Version 6-8-2017 16 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] April 12, 2022 Version 6-8-2017 A-1 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 CONSULTANT shall be responsible for performing the following activities: GENERAL The intent of this project is to create safe walking routes to school in the Our Lady of Hungary neighborhood of South Bend, Indiana. The NEIGHBORHOOD is generally bounded by Indiana Avenue to the north, Ewing Avenue to the South, Olive Avenue to the west, and Franklin Street to the east. Improvements will focus on major walking routes to and from local schools. All work performed by the CONSULTANT under this contract shall be in accordance with the current editions of the following: The American Association of State Highway and Transportation Officials (AASHTO) “A Policy on Geometric Design of Highways and Streets. The Indiana Department of Transportation (INDOT) Standard Specifications, Roadway Memoranda, LPA Project Development Guidance Document, and Design Manual including supplemental specifications and special provisions. The Indiana Manual of Uniform Traffic Control Devices (IN-MUTCD). Public Rights-of-Way Accessibility Guidelines (PROWAG). City of South Bend technical references/requirements. These will not supersede the above reference documents. FIELD ASSESSMENT AND PRELMINARY ENGINEERING REPORT CONSULTANT will attend one virtual project kickoff meeting with LPA prior to initiating the field assessment and Preliminary Engineering Report (PER) work. CONSULTANT will prepare and issue minutes of meeting and will distribute within one week of meeting. 1. CONSULTANT will attend one stakeholder meeting with the LPA and LPA identified stakeholders. These may include Our Lady of Hungary representatives and city officials. a. The purpose of this meeting will be to identify major walking routes to and from local schools, local areas of pedestrian safety and accessibility concern, and desired pedestrian improvements. b. CONSULTANT will provide necessary materials for the stakeholder meeting and will summarize findings and distribute within one week of meeting. 2. CONSULTANT will perform a field assessment of the major walking routes identified at the stakeholder meeting. This work will include the following: a. Download and process data provided by LPA. This may include the following: i. Sidewalk, curb ramp, and/or Americans with Disabilities Act (ADA) inventory. ii. GIS files b. Perform a field assessment to collect data about existing conditions and pedestrian-related deficiencies. ADA compliance will be verified with tape measure and digital level as needed. The following items may be investigated: i. Curb ramp condition and ADA compliance at public road intersections with existing stop or yield control, and commercial driveways and alleys within public right-of-way that act as a through street. ii. Crosswalk pavement and pavement marking condition. iii. Pedestrian signal infrastructure. Version 6-8-2017 A-2 iv. Pedestrian-related pavement markings and signs. v. School related pedestrian crossings. vi. “Mid-block” sidewalk condition. c. Provide a written summary of assumptions, procedures, and photo-document findings. 3. CONSULTANT will prepare a preliminary engineering report (PER). This work will include the following: a. Identification of potential improvements for each location. Potential improvements may include, but are not limited to, the following: i. Curb ramp reconstruction. ii. Sidewalk widening at curb ramps. iii. Curb bump outs. iv. Medians and median cuts. v. Upgraded pavement markings. vi. Upgraded signage. vii. Sidewalk reconstruction. viii. New sidewalk connections. ix. Upgrade signalization including pedestrian-phase modification of existing traffic signals, rectangular rapid flashing beacons (RRF), or pedestrian hybrid beacons (HAWK). b. Prepare preliminary cost estimates of identified improvements at each location. c. Prioritize potential improvements. LPA will be consulted prior to creating improvement prioritization. d. Create a recommended list of projects to be included in project, based on programmed construction budget. e. Recommend work that should be deferred to future projects. f. Prepare and submit a draft PER for review by LPA. g. Attend one virtual PER review meeting with LPA. h. Address review comments and submit final PER to LPA for approval. 4. The following assumptions were made regarding this task. a. The LPA will identify any overlapping projects within the NEIGHBORHOOD. Locations within these project areas may be excluded. b. Residential drives, uncontrolled public road intersection, and commercial driveways and alleys that do not act as a through street do not require curb ramps and have been excluded from this project. c. Identified major walking routes will result in a field assessment of 100 intersection corners. Each corner may involve one or two pedestrian curb ramps. d. It is anticipated to recommend improvements at a maximum of 12 intersection corners and 1,000 feet of sidewalk. e. This project is funded under the Transportation Alternative Program (TAP). TAP funding can be used for sidewalk and trail improvements even if not directly adjacent to curb ramp improvements. 5. The following exclusions from this task include: a. There are approximately 390 intersection corners with existing pedestrian facilities that have been identified within the NEIGHBORHOOD. The entire NEIGHBORHOOD will not be evaluated as a part of the field assessment or PER work. b. Traffic or pedestrian counts. c. Speed studies d. Crash analysis. e. Recommendations for RRFB or HAWK locations. f. Storm sewer condition or capacity evaluations. g. GPS-coordinated data collection. h. ADA Transition Plan. Version 6-8-2017 A-3 i. Coordination with State Historic Preservation Office (SHPO), INDOT Cultural Resource Office (CRO), or any local historic preservation agencies. ENVIRONMENTAL DOCUMENT 1. Environmental documentation will be provided per the attached scope provided by SJCA, Inc. TOPOGRAPHIC SURVEY 1. Topographic survey will be provided per the attached scope provided by DLZ. DESIGN SERVICES 1. CONSULTANT shall prepare the design of improvements identified in the PER in accordance with the Indiana Design Manual. It is anticipated the PER will recommend improvements at a maximum of 12 intersection corners and 1,000 feet of sidewalk 2. CONSULTANT will make the following submittals: a. An electronic submittal to the LPA for review and comment prior to submittal to INDOT at the following milestones: i. Stage 1 (25%) submittal including plans and engineer’s estimate. ii. Preliminary Field Check (40%) plans and engineer’s estimate. iii. Stage 3 (95%) submittal including plans, engineer’s estimate, special provisions, and technical inquiries. iv. Final Tracings (100%) submittal including plans, engineer’s estimate, and special provisions. b. An electronic submittal of all required submittal documentation will be made to INDOT via ERMS and the requirements of the Indiana Design Manual at the same milestones described in 2.a above. 3. CONSULTANT shall conduct a preliminary field check meeting. a. CONSULTANT will distribute a meeting invite and PFC plan set to City officials, INDOT personnel, utility representatives, and other project stakeholders as identified by the LPA. b. CONSULTANT will prepare and issue a summary of the PFC and will distribute within one week of meeting. 4. CONSULTANT shall submit Technical Inquiry documentation to the INDOT Technical Advisory Committee (TAC) where it is infeasible to design ADA compliant pedestrian infrastructure due to existing constraints. a. CONSULTANT shall design pedestrian infrastructure to be ADA compliant to the maximum feasible extent. b. LPA review and concurrence will be sought on all Technical Inquiries. 5. The following assumptions were made regarding this task. a. Technical Inquiry review by the INDOT Technical Advisory Committee (TAC) will offer only recommendations which require LPA approval. b. Drainage design or improvements will be limited to adding or moving a stormwater inlet with an outlet being readily available in the immediate area. c. New retaining walls will not be required. d. No Level 1 or Level 2 Design Exceptions will be required. e. Geotechnical investigation will not be required. LPA will provide written approval of a Geotechnical Waiver. f. Pavement design will not be required. LPA will provide any require milling and overlay pavement sections. g. Right-of-way acquisition will not be required. h. Public involvement will not be required. i. Railroad coordination will not be required. j. Project will involve less than one acre of disturbance and a Rule 5 permit will not be required. Version 6-8-2017 A-4 k. Project will not involve any wetlands or waterways and a 401, 404, or Construction in a Floodway permits will not be required. l. A typical vehicular and pedestrian maintenance of traffic (MOT) plan can be utilized. A detailed vehicular and pedestrian MOT plan will not be required for each work area. 6. The following exclusions from this task include: a. Right-of-way engineering or acquisition services. b. Public involvement or public hearing. c. Hydraulic analysis. d. Pavement design. e. Permitting. f. Detailed vehicular and pedestrian MOT plan for each work area. g. As-built drawings. h. Lighting design. UTILITY COORDINATION 1. CONSULTANT will perform utility coordination for this project following INDOT’s standard utility coordination process. 2. CONSULTANT will invite utilities to attend the Preliminary Field Check (PFC). The PFC plan set will be distributed to utilities. 3. CONSULTANT will facilitate up to a maximum of 2 utility coordination meetings. 4. The following assumptions were made regarding this task: a. Reimbursable utility relocation agreement will not be required. b. Utilities which require relocation will relocate prior to letting. 5. The following exclusions from this task include: a. Preparation of utility relocation and reimbursable agreements. b. Utility relocation observation or inspection services. BIDDING AND CONSTRUCTION SERVICES 1. CONSULTANT shall review plans and bid documents as advertised by INDOT and notify LPA and INDOT of inconsistencies from submitted documents which require correction. 2. CONSULTANT shall respond to bidder questions. 3. CONSULTANT shall issue addenda as required to interpret, clarify, or expand the plans and bid documents. 4. CONSULTANT shall attend the pre-construction meeting. 5. CONSULTANT shall review shop drawings for general conformance with the plans and specifications. 6. CONSULTANT shall respond to contractor questing during design and clarify design intent. 7. The following assumptions were made regarding this task: a. A pre-bid meeting will not be required. 8. The following exclusions from this task include: a. Construction inspection services. PROJECT MANAGEMENT 1. CONSULTANT shall manage the design team, control personnel planning, and manage project schedule. Version 6-8-2017 A-5 2. CONSTULANT will prepare and execute subconsultant agreements and oversee all subconsultant activities performed. 3. CONSULTANT shall supervise quality control processes to ensure technical quality. 4. CONSULTANT will submit monthly progress reports to LPA. Certified MBE, State of Indiana; City of Indianapolis INDOT Certified DBE 9102 N. Meridian Street, Suite 200 • Indianapolis, IN 46260 • Phone 317-566-0629 • Fax 317-566-0633 • www.SJCAinc.com SCOPE OF SERVICES MARCH 24, 2022; REVISED MARCH 30, 2022 The City of South Bend proposes to proceed with a Safe Routes to School project Des. No. 2100025. Shrewsberry & Associates, LLC will enter into a subconsultant agreement with SJCA Inc., who will complete the National Environmental Policy Act (NEPA) and Section 106 of the National Historic Preservation Act (NHPA) documentation, and comply with all related federal, state, and local laws in accordance with the most current Indiana Department of Transportation (INDOT) regulations. Client Contact: Mark St. John, mstjohn@shrewsusa.com Shrewsberry & Associates, LLC 317.960.4212 Project Location: The proposed undertaking is located in the Our Lady of Hungary Neighborhood generally bounded by Indiana Avenue to north, Ewing Avenue to the south, Olive Street to the west, and Franklin Street to the east in South Bend, St. Joseph County, Indiana. SJCA Level of Work and Deliverables: • Categorical Exclusion (CE) Level 1 Document o Due to the unknown parameters of the project area and scope, a CE-1 document is anticipated. In case scope items do not meet the Programmatic CE (PCE) criteria, the CE-1 will cover the work to be done without requiring a supplemental and possible delay on the project. It is anticipated that the project will be billed on an hourly basis; therefore, if it is determined after sufficient project information is received that the project falls under the PCE criteria, which will require less documentation and work than a CE-1 document, the maximum not- to-exceed fee amount below will not be invoiced in full. • Section 106 – Minor Projects Programmatic Agreement (MPPA) and Full 106 Review o Due to the unknown parameters of the project area and scope, both MPPA Section 1 and 2 forms and full 106 review are included, with the latter only being charged if required by INDOT Cultural Resources Office (CRO). Project Description: Based on information received by the client on March 18, 2022: This project involves the Safe Routes to School program within the neighborhood of Our Lady of Hungary. The program will involve the design of the replacement sidewalks and Americans with Disabilities (ADA) compliant curb ramps. The project will focus on major walking routes to and from local schools. No right-of-way (ROW) acquisition is anticipated. Environmental Observations/Concerns: • Coordination with the IDEM Office of Land Quality may be required. • There is one park within project area and one adjacent. Coordination with the management Certified MBE, State of Indiana; City of Indianapolis INDOT Certified DBE 9102 N. Meridian Street, Suite 200 • Indianapolis, IN 46260 • Phone 317-566-0629 • Fax 317-566-0633 • www.SJCAinc.com agency of Walkerfield Park and Rum Village Park will be required. ROW acquisition from these parks should be avoided; if ROW acquisition is needed it will result in a use of a Section 4(f) resource. • There is a proposed trail that runs along SR 23 throughout the project area. There are three underground storage tanks, one leaking underground storage tank and one brownfield in the project area. A Red Flag Investigation will be completed for this project and will identify any areas of coordination with agencies. • There are no identified water resources bisecting the project area. No waterway permits are anticipated at this time. • It is assumed that all work will occur within existing ROW and no archaeological fieldwork will be required. • There is one property that is listed on the National Register of Historic Places (NRHP): Walker Field Shelterhouse, NR-1860, listed in 2006. • There are six potential historic properties within the project area: o Our Lady of Hungary School, IHSSI No. 201-598-20070, rated “outstanding” o Tafelski House, IHSSI No. 201-598-20035, rated “notable” o House, IHSSI No. 201-598-20041, rated “notable” o Immanual United Methodist Church, IHSSI No. 201-598-20098, rated “outstanding” o Toth State Bank, IHSSI No. 201-598-20018, rated “outstanding” o Weisser Market, IHSSI No. 201-598-20064, rated “notable” • There are dozens of surveyed historic properties with a rating of “contributing” and dozens of un-surveyed properties that may require survey. Once the scope has been refined, only the properties within the scoped area will be surveyed. • Due to the existing sidewalks and curbs within the proposed project area, it is anticipated that the MPPA Category B may apply. o It is assumed that a Section 1 and 2 form will be completed to complete the Section 106 documentation for this project. A Qualified Professional must field check the proposed project area since the project will take place adjacent to or within a NRHP eligible or listed property. o SJCA will coordinate with the client during project development to determine if the MPPA will apply. If scope elements such as curb bump outs or new signage will be placed adjacent to or within a historic property/district, then INDOT Cultural Resources Office (CRO) may require full Section 106 review to determine the effects of the undertaking upon historic properties. SJCA will coordinate appropriately with INDOT CRO throughout the project life cycle. o Full 106 review fees are included only if required by INDOT CRO. Tasks Not Covered under This Proposal: • Weekly or bi-weekly project meetings; it is anticipated that up to three staff will attend no more than three project meetings. All meetings except the preliminary field check (PFC) are assumed to be virtual and will not require travel to the project site. • Any changes in scope or impacts to resources not observed during preliminary desktop review that would require additional documentation. • Any work required due to right-of-way acquisition above 0.5 or equal to acres. • Any adverse impacts to endangered/threatened species. • Any preparation of the mailing list for the Notice of Entry letters. Certified MBE, State of Indiana; City of Indianapolis INDOT Certified DBE 9102 N. Meridian Street, Suite 200 • Indianapolis, IN 46260 • Phone 317-566-0629 • Fax 317-566-0633 • www.SJCAinc.com • Any special studies, such as noise, air, or Karst studies. • Any impacts to wetlands/streams over 0.1 acre or 300 linear feet. • Any onsite meeting with regulatory agencies. • Preparation of a Waters of the US Report or permit determination. • Any documentation relating to a finding of adverse effect including a memorandum of agreement, or any other special study requested by INDOT Cultural Resources Office or the Indiana State Historic Preservation Officer. • Any archaeological fieldwork. Anticipated Project Schedule: • After the client gives the Notice to Proceed along with the approved project schedule, SJCA Inc. will complete the scope of work, dependent upon receiving the appropriate project information and seasonal weather conditions. Letting is expected to be 2024. o It is assumed that the field assessment will be completed summer 2022 o It is assumed that a scope and STG 1 plans may be available by the end of 2022 o Environmental Schedule  Section 106 review will occur AFTER STG 1 plans are approved by the City of South Bend to determine if the work will fall under the MPPA or require Full 106 review. • If the former, SJCA will submit the MPPA Section 1 form to INDOT within 30 days of receiving approved STG 1 plans. • If the latter, SJCA will coordinate with INDOT CRO in either submitting the MPPA Section 1 form to determine what level of Section 106 review will be needed or draft an Early Coordination Letter (ECL) and submit to INDOT CRO within 30 days of receiving approved STG 1 plans. • INDOT CRO review times are 25 business days. • If Section 2 form is required, SJCA will complete the site visit and submit the form to INDOT CRO within 30 days of recommendation from INDOT CRO. • This submission will require another 25-business day review. • If INDOT determines that the project falls under MPPA, INDOT will provide a determination form and Section 106 will be complete. • If INDOT determines that the project does NOT fall under the MPPA, then SJCA will immediately begin working on the Full 106 review. A schedule for that project will be provided to the client at that time. • The CE will be submitted to INDOT for review upon completion of the Section 106 review. o RFI can be completed and submitted in fall 2022 with proposed areas of scope (averaging a 6-month review time) o All other work including the early coordination and bat inspection will occur concurrently during the Section 106 review process. Certified MBE, State of Indiana; City of Indianapolis INDOT Certified DBE 9102 N. Meridian Street, Suite 200 • Indianapolis, IN 46260 • Phone 317-566-0629 • Fax 317-566-0633 • www.SJCAinc.com Sunset Provision If this contract is not fully executed within 6 months of the date that the Scope of Services and Fees have been submitted to the client, then the fees and scope are subject to change. This may be due to a change in local, state, or federal guidance which would render the scope and fees outdated and would require updates. If, upon consultation with all local, state, and federal agencies regarding the project, additional studies are requested or the project scope/area changes, then additional fees will be required to meet the additional scope of services. The fees will be billed hourly (not-to-exceed). The task and hourly breakdown for each service is attached. Subtotal for CE-1 $17,180.00 Subtotal for MPPA $8,000.00 Subtotal for full 106 review (only charged if required) $25,600.00 Total: $25,180.00 ($50,780.00) Thank you, and we look forward to working with you. Kind Regards, Erin Mulryan, MPA Director of Environmental Services SJCA Inc. SJCA Inc. Principal of Env. Planning Senior Project Manager Project Manager/ QP Ecologist GIS Specialist Totals CE-1 4.0 3.0 8.0 6.0 1.0 22.0 0.0 0.0 10.0 0.0 0.0 10.0 0.0 0.0 0.0 12.0 3.0 15.0 0.0 0.0 0.0 6.0 0.0 6.0 0.0 0.0 0.0 6.0 6.0 12.0 1.0 0.0 0.0 14.0 0.0 15.0 0.0 0.0 0.0 23.0 1.0 24.0 0.0 0.0 0.0 4.0 0.0 4.0 0.0 0.0 3.0 3.0 0.0 6.0 0.0 0.0 0.0 40.0 0.0 40.0 5.0 0.0 2.0 6.0 0.0 13.0 1.0 0.0 0.0 12.0 0.0 13.0 11.0 3.0 23.0 132.0 11.0 180.0 $128.11 $113.14 $98.24 $87.57 $110.74 $1,409.21 $339.42 $2,259.52 $11,559.24 $1,218.14 $16,785.53 Expenses:$10.00 $381.30 $17,176.83 Name of Project: South Bend Safe Routes to School & Our Lady of Hungary Sidewalk, Curb Ramp, and Pedestrian Infrastructure Project, Des. 2100025 Job Type: CE-1 Corporate Office 9102 N. Meridian St., Ste. 200 Indianapolis IN 46260 CE Form & Attachments INDOT Submissions/Final Sign Off/Commitments Subtotal Fee Printing, postage Mileage (310 mi x 0.41/mi) x 3 Total Fee For CE Total Hours Billing Rates Rounded to $17,180 QA/QC Review- CE Document Section 106 Project Coordination QA/QC Review- Early Coordination & Red Flag Investigation Early Coordination with Regulatory Agencies Red Flag Investigation documentation & submittal Task Description Project Coordination CE Field Check/Site Photos/Field Inventory Forms/GIS set up for field work Bat policy inspection, documentation & coordination CE Maps & Exhibit Development PFC Meeting Prep & Attendance Fee Justification Revised 3.30.2022 SJCA Inc. Corporate Office 9102 N. Meridian St., Ste. 200 Indianapolis IN 46260 Cultural Resources Manager Project Manager / QP GIS Specialist Cultural Resources Associate Totals MPPA Category B 3.0 3.0 1.0 2.0 9.0 0.0 0.0 0.0 14.0 14.0 0.0 3.0 0.0 0.0 3.0 Mapping, GIS shapefiles 0.0 0.0 6.0 0.0 6.0 QA/QC Internal Review 1.0 3.0 0.0 3.0 7.0 0.0 4.0 0.0 0.0 4.0 Site visit and Preparation (incl. drive time)0.0 10.0 1.0 11.0 22.0 Preparation of MPPA Section 2 form 0.0 7.0 0.0 0.0 7.0 Mapping & Photo Documentation 0.0 0.0 3.0 3.0 6.0 QA/QC Internal Review 1.0 3.0 1.0 3.0 8.0 5.0 33.0 12.0 36.0 86.0 $103.32 $98.24 $110.74 $76.99 $516.60 $3,241.92 $1,328.88 $2,771.64 $7,859.04 Expenses:Printing $10.00 Mileage (310 mi x 0.41/mi)$127.10 $7,996.14 Name of Project: South Bend Safe Routes to School & Our Lady of Hungary Sidewalk, Curb Ramp, and Pedestrian Infrastructure Project, Des. 2100025 Job Type: Section 106 - Minor Projects Programmatic Agreement (MPPA), Category B Task Description Project Coordination Preparation of MPPA Section 1 form Fee Justification Revised 3.30.2022 Archaeological Review Coordination with Cultural Resources Office (CRO) Subtotal Fee Total Fee For MPPA Category B Total Hours Billing Rates Rounded to $8,000 Environmental & Cultural Resources Manager Project Manager / QP Cultural Resource Associate GIS Specialist Total Hours Full Section 106 Review 8.0 8.0 3.0 2.0 21.0 0.0 12.0 12.0 2.0 26.0 0.0 1.0 8.0 2.0 11.0 0.0 2.0 9.0 4.0 15.0 QA/QC for ECL documentation 0.0 3.0 2.0 0.0 5.0 ECL revisions per INDOT CRO 0.0 0.0 1.0 0.0 1.0 Distribution of ECL to consulting parties 0.0 0.0 3.0 0.0 3.0 0.0 60.0 36.0 5.0 101.0 QA/QC for HPR documentation 3.0 5.0 4.0 1.0 13.0 0.0 3.0 0.0 2.0 5.0 0.0 0.0 3.0 0.0 3.0 0.0 6.0 16.0 3.0 25.0 4.0 0.0 3.0 1.0 8.0 0.0 1.0 3.0 0.0 4.0 0.0 0.0 3.0 0.0 3.0 0.0 5.0 18.0 0.0 23.0 1.0 4.0 3.0 0.0 8.0 0.0 4.0 0.0 0.0 4.0 0.0 0.0 3.0 0.0 3.0 0.0 0.0 1.0 0.0 1.0 16.0 114.0 131.0 22.0 283.0 $103.32 $98.24 $76.99 $110.74 Subtotal Fee $1,653.12 $11,199.36 $10,085.69 $2,436.28 $25,374.45 Expenses:$100.00 $127.10 $25,601.55Total Fee for Section 106 Documentation Rounded to $25,600 Mileage (310 miles x 0.41/mi) for one site visit Printing, postage, and Sec. 106 legal notice (required) HPR Revisions per INDOR CRO Distribution of HPR to identified Consulting Parties (CPs) Total Hours 800. 11 Documentation Revisions per INDOT CRO Distribution of 800. 11 Documentation to CPs Publish Legal Notice for 800. 11 Documentation Prepare Effects Analysis Report (if needed) Effects Analysis Revisions per INDOT CRO Distribution of Effects Analysis to CPs QA/QC for Effects Analysis Report Prepare Early Coordination Letter (ECL), GIS shapefiles, Topographic Map and email template - coordinate with client for Purpose & Need Preparation of Historic Property Report (HPR) that includes historic context and NRHP evaluations of potential historic properties; Report Distribution Letter (RDL); GIS shapefiles, and email template Name of Project: South Bend Safe Routes to School & Our Lady of Hungary Sidewalk, Curb Ramp, and Pedestrian Infrastructure Project, Des. 2100025 Job Type: Section 106 Documentation - Full Section 106 Review SJCA Inc. 9102 N. Meridian St. #200 Billing Rates Corporate Office Fee Justification Revised 3.30.2022 Task Description Project Coordination - calls/meetings with client/agencies Prepare 800. 11 Documentation, Legal Notice, transmittal letters QA/QC for 800.11 documentation Site Investigation (Including Preparation- Maps, etc.) Indianapolis, IN 46260 Photo Documentation & Mapping 2211 E Jefferson Blvd, South Bend, IN 46615-2692 OFFICE 574.236.4400 ONLINE WWW.DLZ.COM Akron Bellefontaine Bridgeville Burns Harbor Chicago Cincinnati Cleveland Columbus Detroit Fort Wayne Grand Rapids Indianapolis Joliet Kalamazoo Lansing Lexington Logan Madison Maumee Melvindale Merrillville Munster Muskegon Port Huron Saint Joseph San José South Bend Waterford March 30, 2022 Mark St. John, P.E. Project Manager Shrewsberry 7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 RE: South Bend – Our Lady of Hungary Safe Routes to School Dear Mr. St. John, At your request, DLZ Indiana, LLC is pleased to submit this proposal for surveying services for the above- mentioned project. PROJECT SITE DESCRIPTION The project area is bounded by Olive Street on the west, Franklin Street on the east, W Ewing Avenue on the south and W Indiana Avenue on the north, in South Bend, Indiana. SCOPE OF SERVICES DLZ will provide topographical surveying services for the following: · At a maximum of 25 curb ramp locations. A typical curb ramp consists of one quadrant of an intersection. Typical survey limits are as shown in Exhibit ‘A.’ · A maximum of 1,000 lineal feet of sidewalk. Typical survey limits are as shown in Exhibit ‘B.’ The topographic surveys will include the following: 1. Establish horizontal and vertical control throughout the project limits. Horizontal control will be based on the Indiana Coordinate System of 1983, East zone (NAD83). Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88). 2. Survey limits to extend one foot outside of the apparent right of way. The mapping will include features such as curbs, sidewalks, traffic poles, outline of landscape areas, outline of wooded areas, trees over 6” in diameter, etc. 3. Locate and provide rim elevations for castings (manholes, catch basins and curb inlets) 4. Detail sanitary and storm structures to determine invert elevations, flow direction, type and size of pipes. 5. Known subsurface utilities will be depicted based on the field survey of surface markings provided by Indiana Underground Plant Protection Service. 6. Create topographic base map from the survey data. Our Lady of Hungary STRS Survey Proposal Page 2 of 4 7. 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. ASSUMPTIONS/CONDITIONS The fees listed below were calculated based upon the following assumptions. 1. DLZ will have unencumbered access to the site. COMPENSATION DLZ proposes to perform the above “Scope of Services” for the following not to exceed fees to be billed based on the attached rate schedule: Curb Ramps (Estimated 25) $8,500.00 Sidewalk Replacement Areas (Estimated 1,000 lineal feet) $4,000.00 TOTAL $12,500.00 SCHEDULE AND DELIVERABLES DLZ will deliver Civil 3d CAD base maps containing the topographic data as areas are completed with the final data being delivered within 120 days from Notice to Proceed. We appreciate the opportunity to work with your firm on this project. Very truly yours, DLZ INDIANA, LLC Laurie D. Johnson, P.E. Steven A. Jones, P.S. Vice President Survey Division Manager CC: BLG Our Lady of Hungary STRS Survey Proposal Page 3 of 4 EXHIBIT ‘A’ Our Lady of Hungary STRS Survey Proposal Page 4 of 4 EXHIBIT ‘B’ DLZ Indiana, LLC 3/30/2022 payroll: 1/14/2022 eff mult: 2.951796 2023 HOURLY BILLING RATE thru 6/30/2024 2024 HOURLY BILLING RATE thru 6/30/2025 2025 HOURLY BILLING RATE thru 6/30/2026 2026 HOURLY BILLING RATE thru 6/30/2027 164.55% 11.20% 1.00% 2.90% 2.90% 2.90% 2.90% 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 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 Activity Code PROJECTED NEGOTIATED HOURLY BILLING RATES DLZ - 2022 INDOT 2022 HOURLY BILLING RATE thru 6/30/2023 2022 AVERAGE HOURLY LABOR RATE TIMES COST OF MONEY @ 2022 AVERAGE HOURLY LABOR RATE x PROFIT @ 2022 AVERAGE HOURLY LABOR RATE + OH 2022 AVERAGE HOURLY LABOR RATE TIMES OVERHEAD @ 2022 AVERAGE HOURLY LABOR RATE CLASSIFICATION Page 1 of 2 DLZ Indiana, LLC 3/30/2022 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 Page 2 of 2 Version 6-8-2017 B-1 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA: The LPA shall furnish the CONSULTANT with the following: 1. Criteria for design and details for signs, signals, lighting, highway and structures such as grades, curves, sight distances, clearances, design loading, etc. 2. Standard Specifications and standard drawings applicable to the project 3. Available data from the transportation planning process 4. Utility plans available to LPA covering utility facilities govern the location of signals and underground conduits throughout the affected areas 5. Provide access to enter upon public and private lands as required for the CONSULTANT to perform work under this Contract Version 6-8-2017 C-1 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. The following schedule prepares the project for a letting one fiscal year in advance of current planned funding. This will allow the project to let early funding becoming available from the Michiana Area Council of Governments (MACOG). The following schedule is dependent up on a formal written notice to proceed being issued no later than 3/31/2022. Completion of Field Assessment .......................................................................................................5/16/2022 Completion of Preliminary Engineering Report..................................................................................7/7/2022 Stage 1 Submittal to LPA.................................................................................................................12/21/2022 Stage 1 Submittal to INDOT..............................................................................................................1/18/2023 Preliminary Field Check Submittal and Meeting...............................................................(Prior To) 6/4/2023 Stage 3 Submittal to LPA.....................................................................................................................9/2/2023 Stage 3 Submittal to INDOT..............................................................................................................9/30/2023 Final Tracings Submittal to LPA..........................................................................................................1/2/2024 Final Tracings Submittal to INDOT...................................................................................................1/30/2024 Anticipated Letting ...............................................................................................................................5/9/2024 Version 6-8-2017 D-1 APPENDIX "D" The CONSULTANT proposed to perform the work as identified in Appendix “A” for a lump sum fee of $119,232 per the attached fee justification tables. Task Description Preliminary Engineering Report 18,600.00$ T&E, Not to Exceed Environmental Document 16,632.00$ T&E, Not to Exceed Topographic Survey 12,500.00$ T&E, Not to Exceed Design Services 49,500.00$ T&E, Not to Exceed Utility Coordination 6,800.00$ T&E, Not to Exceed Bidding and Construction Services 6,000.00$ T&E, Not to Exceed Project Management 9,200.00$ T&E, Not to Exceed Total 119,232.00$ T&E, Not to Exceed Total (Rounded)119,232.00$ T&E, Not to Exceed Prime Consultant: Shrewsberry 90,100.00$ 75.6% Subconsultants: DLZ (Topographic Survey) 12,500.00$ 10.5% SJCA (Environmental Document) 16,632.00$ 13.9% Fee Fee Justification Summary City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/31/2022 Page 1 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Preliminary Engineering Report Kickoff Meeting (Virtual)3 638.25$ Stakeholder Meeting to Identify Major Walking Routes (1 Maximum) 8 132$ 1,834.00$ Subtotal 11 0 0 0 -$ 132.00$ 2,472.25$ Assemble and Review Available Data 2 2 4 1,253.16$ Identify and Review Design Criteria 1 2 577.69$ Create Spreadsheet and Data Collection Forms 2 1 607.97$ Perform Field Assessment of Major Walking Routes Identified at Stakeholder Meeting (Approximately 25 Intersections/100 Existing Curb Ramps)4 2 20 732$ 4,261.54$ Subtotal 9 7 24 0 -$ 732.00$ 6,700.36$ Summarize Assumptions, Procedures, and Field Assessment. Photo-Document Findings.2 231.36$ Identify Potential Improvements Along Major Walking Routes Identified at Stakeholder Meeting (Approximately 25 Intersections/100 Existing Curb Ramps)2 6 1 1,636.00$ Prepare Preliminary Construction Cost Estimates Along Major Walking Routes Identified at Stakeholder Meeting (Approximately 25 Intersections/100 Existing Curb Ramps)2 1 6 1,302.05$ Prioritize Improvements with City of South Bend Input 2 1 607.97$ Develop Recommended List of Improvements within Construction Funding Amount 1 4 1 1,058.31$ Prepare Draft Preliminary Engineering Report 4 2 12 2,604.10$ Meet with South Bend to Review Preliminary Engineering Report (Virtual) 3 1 820.72$ Finalize Preliminary Engineering Report 2 1 4 1,070.69$ Subtotal 16 16 26 0 -$ -$ 9,331.20$ Total 36 23 50 0 -$ 864.00$ 18,503.81$ Total (Rounded)36.00 23.00 50.00 0.00 -$ 900.00$ 18,600.00$ Data Collection/Field Assessment Preliminary Engineering Report Task Description TotalSubconsultant Expenses Meetings Page 2 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Environmental Document CE-1 NEPA Document (SJCA)17,180$ 17,180.00$ MPPA (SJCA)8,000$ 8,000.00$ Full Section 106 Review (If Required)25,600$ - Total 0 0 0 0 25,180.00$ -$ 25,180.00$ Total (Rounded) 0.00 0.00 0.00 0.00 25,200.00$ -$ 25,200.00$ Task Description TotalSubconsultant Expenses Page 3 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Topographic Survey Topographic Survey (DLZ)12,500$ 12,500.00$ Total 3 0 0 0 12,500.00$ -$ 12,500.00$ 8 Total (Rounded) 3.00 0.00 0.00 0.00 12,500.00$ -$ 12,500.00$ Task Description TotalSubconsultant Expenses Page 4 of 9 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Design Services Level 1, Level 2 Checklist and Design Computations 1 2 444.11$ Index and Title Sheet 2 228.54$ Stage 1 Curb Ramp Design (12 Curb Ramp Locations, 3 Intersections) 3 18 3 2,972.46$ Stage 1 Sidewalk Design (450 SYS)1 2 1 528.10$ Stage 1 Miscellaneous Details 1 2 2 642.37$ Stage 1 Summary Tables 1 2 2 642.37$ Prepare Quantity Calculations and Cost Estimate 1 4 645.19$ QAQC 8 1,702.00$ City of South Bend Submittal 2 425.50$ Address City of South Bend Comments 1 2 4 1 1,154.68$ INDOT Submittal via ERMS 2 425.50$ Subtotal 2 9 34 11 -$ -$ 9,810.82$ Address Stage 1 INDOT Comments 1 4 1 759.46$ Update Index and Title Sheet 1 114.27$ PFC MOT and Pedestrian MOT 2 4 822.02$ PFC Curb Ramp Design (12 Curb Ramp Locations, 3 Intersections) 2 11 3 1,980.23$ PFC Sidewalk Design (450 SYS)1 1 1 412.42$ PFC Miscellaneous Details 1 2 2 642.37$ PFC Summary Tables 1 2 2 642.37$ PFC Pavement Markings 1 1 1 412.42$ Prepare Quantity Calculations and Cost Estimate 1 4 645.19$ QAQC 8 1,702.00$ Coordinate and Schedule PFC Meeting 2 425.50$ Attend PFC Meeting 6 6 264$ 2,635.32$ Subtotal 16 16 25 15 -$ 264.00$ 11,193.57$ Address PFC Comments 1 1 4 2 1,086.48$ Update Index and Title Sheet 1 1 327.02$ Stage 3 MOT and Pedestrian MOT 1 4 639.55$ Stage 3 Curb Ramp Design (12 Curb Ramp Locations, 3 Intersections) 6 36 3 5,602.11$ Stage 3 Sidewalk Design (450 SYS)1 3 1 643.78$ Stage 3 Miscellaneous Details 1 2 2 642.37$ Stage 3 Summary Tables 1 2 2 642.37$ Stage 3 Pavement Markings 1 2 1 528.10$ Level 1, Level 2 Checklist and Design Computations 1 2 444.11$ Prepare Geotech Waiver 1 1 328.43$ Prepare Pavement Design Memo 1 2 444.11$ Expenses Stage 1 Plans (25% Complete) Preliminary Field Check (40% Complete) Stage 3 (95% Complete) Our Lady of Hungary Safe Routes to School (Des. No. 2100025) Task Description TotalSubconsultant Page 5 of 9 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Design Services Expenses Stage 1 Plans (25% Complete) Task Description TotalSubconsultant Prepare Techincal Inquiries (As Required) and Coordinate with INDOT TAC 4 2 4 1 1,792.93$ Prepare and Submit Unique Special Provisions 2 4 888.22$ Prepare Miscellaneous Stage 3 Submittal Documents 6 2 1,507.86$ Prepare Quantity Calculations and Cost Estimate 1 4 645.19$ QAQC 8 1,702.00$ City of South Bend Submittal 2 425.50$ Address City of South Bend Comments 1 1 2 2 855.12$ INDOT Submittal via ERMS 2 425.50$ Subtotal 30 16 70 19 -$ -$ 19,570.75$ Address Stage 3 Comments 1 1 4 2 1,086.48$ Finalize Plans 2 9 4 1,863.14$ Finalize Unique Special Provisions 2 1 607.97$ Finalize Quantities and Cost Estimate 1 2 413.83$ Prepare Miscellaneous Final Tracings Submittal Documents 6 2 1,507.86$ QAQC 8 1,702.00$ City of South Bend Submittal 2 425.50$ Address City of South Bend Comments 1 1 2 2 855.12$ INDOT Submittal via ERMS 2 425.50$ Subtotal 22 6 19 8 -$ -$ 8,887.40$ Design Services Total 70 47 148 53 -$ 264.00$ 49,462.54$ Total (Rounded)70.00 47.00 148.00 53.00 -$ 300.00$ 49,500.00$ Final Tracings (100% Complete) Page 6 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/25/2022 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Utility Coordination Total Utility Research 2 231.36$ Initial Notice 4 462.72$ Verification of Existing Facilities 4 462.72$ Preliminary Field Check (Coordination and Attendance)8 132$ 1,057.44$ Conflict Analysis 8 925.44$ Work Plan Request 16 1,850.88$ Utility Coordination Certification and RSP 2 231.36$ Preconstruction Conference (Coordination and Attendance)8 132$ 1,057.44$ Coordination During Construction 4 462.72$ Utility Coordination Total 0 0 56 0 -$ 264.00$ 6,742.08$ Total (Rounded) 0.00 0.00 56.00 0.00 -$ 300.00$ 6,800.00$ Task Description TotalSubconsultant Expenses Page 7 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/25/2022 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Bidding and Construction Review and Certify CIB 1 212.75$ Respond to Bidder Questions 4 851.00$ Issue Addenda 2 4 888.22$ Attend Preconstruction Conference 6 132$ 1,408.50$ Review Shop Drawings 2 4 888.22$ Respond to Contractor Questions 8 1,702.00$ Bidding and Construction Total 23 0 8 0 -$ 132.00$ 5,950.69$ Total (Rounded) 23.00 0.00 8.00 0.00 -$ 200.00$ 6,000.00$ Task Description TotalSubconsultant Expenses Page 8 of 9 3/31/2022 City of South Bend, Indiana Our Lady of Hungary Safe Routes to School (Des. No. 2100025) 3/25/2022 3/31/2022 ENG. 5 ENG. 4 ENG. 1 DES. 3 212.75$ 182.47$ 115.68$ 114.27$ Project Management Monthly Progress Reports, Schedule Updates, and Invoicing (25 Months) 25 5,318.75$ Environmental Document Coordination and Management (SJCA) 12 2,553.00$ Survey Coodination and Management (DLZ) 6 1,276.50$ Project Management Total 43 0 0 0 -$ -$ 9,148.25$ Total (Rounded) 43.00 0.00 0.00 0.00 -$ -$ 9,200.00$ Task Description TotalSubconsultant Expenses Page 9 of 9 3/31/2022 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: April 5th, 2022 Name: Finnian Cavanaugh Department of Public Works – Engineering Division BPW Date: April 12th, 2022 Phone Extension: 5961 or fcavanau@southbendin.gov Required Prior to Submittal to Board BPW Attorney X Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing 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 Shrewsberry & Associates New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name PE Services for SRTS Our Lady of Hungary Neighborhood Project Number 122-007 (INDOT DES 2100025) Funding Source PR-00016027 Account No. 251-06-600-506-431000—PROJ00000339 Amount $119,232.00 Terms of Contract NTE Purpose/Description LPA Project with reimbursed cost share from INDOT administered by MACOG (20% local, 80% federal). Design services for project to improve pedestrian infrastructure around Our Lady of Hungary School. Requesting the board approve subject to financial approvals in the interest of time. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: