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HomeMy WebLinkAboutPSA - Design of SRTS Around Kenney Academy Proj. No. 123-017 - DLZ Indiana, LLC 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 25, 2023 Ms. Laurie D. Johnson, P.E. Mr. Barry Lubow DLZ Indiana, LLC DLZ Corporation 2211 E. Jefferson Blvd. 6121 Huntley Rd. South Bend, IN 46615 Columbus, OH 43229 Ljohnson@dlz.com RE: Professional Services Agreement Dear Ms. Johnson: At its April 25, 2023 meeting, the Board of Public Works approved the above referenced agreement for Design of Safe Routes to School around Kennedy Academy. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy 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 Page 1 of 1 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Gemma Stanton, Project Engineer SUBJECT: Award Project No. 123-017 SRTS Kennedy Academy DATE: 4-6-2023 Attached is a PSA with DLZ Indiana to perform the design services for the Safe Routes to School Project for Kennedy Academy. This project is an LPA project. The project will be let in 2025. The design elements include sidewalks, crosswalks, and curb ramps and the project aims to provide accessible and safe walking and biking routes to Kennedy Academy for students. The design phase budget is $300,000. This is an LPA project with 80% of funds being federally reimbursable in each phase. 100% of the funding for this agreement is being paid for through Redevelopment Commission funds, with the 80% reimbursable amount to be repaid later. It is requested the Board of Public Works approve the PSA with DLZ Indiana for the design of Safe Routes to School at Kennedy Academy for a contract price of $294,875. Thank you for your consideration of this request. Version 6-8-2017 1 LPA - CONSULTING CONTRACT This Contract (“this Contract”) is made and entered into effective as of , 2023 (“Effective Date”) by and between City of South Bend, acting by and through its proper officials (“LOCAL PUBLIC AGENCY” or “LPA”), and DLZ Indiana, LLC (“the CONSULTANT”), a corporation/limited liability company organized under the laws of the State of Indiana. Des. No.: 2201237 Project Description: Kennedy Safe Routes to School: Sidewalk and curb ramp construction to provide safe and handicap accessible paths for children walking to school. RECITALS WHEREAS, the LPA has entered into an agreement to utilize federal monies with the Indiana Department of Transportation (“INDOT”) for a transportation or transportation enhancement project (“the Project”), which Project Coordination Contract is herein attached as Attachment 1 and incorporated as reference; and WHEREAS, the LPA wishes to hire the CONSULTANT to provide services toward the Project completion more fully described in Appendix “A” attached hereto (“Services”); WHEREAS, the CONSULTANT has extensive experience, knowledge and expertise relating to these Services; and WHEREAS, the CONSULTANT has expressed a willingness to furnish the Services in connection therewith. NOW, THEREFORE, in consideration of the following mutual covenants, the parties hereto mutually covenant and agree as follows: The “Recitals” above are hereby made an integral part and specifically incorporated into this Contract. SECTION I SERVICES BY CONSULTANT. The CONSULTANT will provide the Services and deliverables described in Appendix “A” which is herein attached to and made an integral part of this Contract. SECTION II INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA. The information and services to be furnished by the LPA are set out in Appendix "B” which is herein attached to and made an integral part of this Contract. SECTION III TERM. The term of this Contract shall be from the date of the last signature affixed to this Contract to the completion of the construction contract which is estimated to be December 31, 2026. 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 $ 294,875.00. SECTION V NOTICE TO PROCEED AND SCHEDULE. The CONSULTANT shall begin the work to be performed under this Contract only upon receipt of the written notice to proceed from the LPA and shall deliver the work to the LPA in accordance with the schedule contained in Appendix "C" which is herein attached to and made an integral part of this Contract. April 25 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 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. Version 6-8-2017 3 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 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. Version 6-8-2017 6 12.Non-Discrimination. A.Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT’s Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C.The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right-of-way. D.The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds: sex, ancestry, age, income status, religion and disability). E.The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT’s Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F.The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right-of-way clearance and related projects. G.The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration (“FHWA”) within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT’s assurances and guidelines. Version 6-8-2017 7 H.During the performance of this Contract, the CONSULTANT, for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: (1)Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. (2)Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3)Solicitations for SUBCONSULTANTS, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT’S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4)Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. (5)Sanctions for Noncompliance: In the event of the CONSULTANT’S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: (a)withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or (b)cancellation, termination or suspension of the Contract, in whole or in part. (6)Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. Version 6-8-2017 8 13.Disputes. A.Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 13. Time is of the essence in the resolution of disputes. B.The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non-disputed work, without delay, any additional costs (including reasonable attorneys’ fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C.If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other party of this dissatisfaction in writing. Upon written notice, the parties have ten (10) business days, unless the parties mutually agree in writing to extend this period, following the written notification to resolve the dispute. If the dispute is not resolved within ten (10) business days, a dissatisfied party may submit the dispute in writing to initiate negotiations to resolve the dispute. The LPA may withhold payments on disputed items pending resolution of the dispute. 14.Drug-Free Workplace Certification. A.The CONSULTANT hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace, and that it will give written notice to the LPA within ten (10) days after receiving actual notice that an employee of the CONSULTANT in the State of Indiana has been convicted of a criminal drug violation occurring in the CONSULTANT's workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of Contract payments, termination of this Contract and/or debarment of contracting opportunities with the LPA. B.The CONSULTANT certifies and agrees that it will provide a drug-free workplace by: i.Publishing and providing to all of its employees a statement notifying their employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the CONSULTANT’s workplace and specifying the actions that will be taken against employees for violations of such prohibition; ii.Establishing a drug-free awareness program to inform its employees of (1) the dangers of drug abuse in the workplace; (2) the CONSULTANT’s policy of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; iii.Notifying all employees in the statement required by subparagraph 14.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; iv.Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such conviction; Version 6-8-2017 9 v.Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and vi.Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs 14.B.i. through 14.B.v. above. 15.Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB-CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB-CONSULTANT has enrolled and is participating in the E- Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB-CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16.Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. 17.Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18.Liability. If the CONSULTANT or any of its SUB-CONSULTANTS fail to comply with any federal requirement which results in the LPA’s repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB-CONSULTANTS. Version 6-8-2017 10 19.Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB-CONSULTANTS, if any, under this Contract, provided that if the CONSULTANT is a “contractor” within the meaning of I.C. 8-3-2-12.5, this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The LPA shall not provide such indemnification to the CONSULTANT. 20.Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers’ compensation insurance for its employees. 21.Insurance - Liability for Damages. A.The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT’S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B.During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C.The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA’s losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. D.The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA’s acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non-admitted insurers. E.The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub- consultants or any agent of any of them, and the obligations of indemnification in Section 19 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. Version 6-8-2017 11 F.The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self-insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I.Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 – 10.4, 11.1, 13.1, 14.1 – 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II.Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form, and include contractual liability. The policy shall be amended to include the following extensions of coverage: 1.Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. 2.The policy shall provide thirty (30) days notice of cancellation to LPA. 3.The CONSULTANT shall name the LPA as an additional insured. III.Automobile Liability The CONSULTANT shall obtain automobile liability insurance covering all owned, leased, borrowed, rented, or non-owned autos used by employees or others on behalf of the CONSULTANT for the conduct of the CONSULTANT’s business, for an amount not less than $1,000,000.00 Combined Single Limit for Bodily Injury and Property Damage. The term “automobile” shall include private passenger autos, trucks, and similar type vehicles licensed for use on public highways. The policy shall be amended to include the following extensions of coverage: 1.Contractual Liability coverage shall be included. 2.The policy shall provide thirty (30) days notice of cancellation to the LPA. 3.The CONSULTANT shall name the LPA as an additional insured. Version 6-8-2017 12 IV.Watercraft Liability (When Applicable) 1.When necessary to use watercraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT, or any SUB-CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the watercraft shall carry watercraft liability insurance in the amount of $1,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Protection & Indemnity where applicable. Coverage shall apply to owned, non- owned, and hired watercraft. 2.If the maritime laws apply to any work to be performed by the CONSULTANT under the terms of the agreement, the following coverage shall be provided: a.United States Longshoremen & Harbor workers b.Maritime Coverage - Jones Act 3.The policy shall provide thirty (30) day notice of cancellation to the LPA. 4.The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. V.Aircraft Liability (When Applicable) 1.When necessary to use aircraft for the performance of the CONSULTANT’s Services under the terms of this Contract, either by the CONSULTANT or SUB- CONSULTANT, the CONSULTANT or SUB-CONSULTANT operating the aircraft shall carry aircraft liability insurance in the amount of $5,000,000 Combined Single Limit for Bodily Injury and Property Damage, including Passenger Liability. Coverage shall apply to owned, non-owned and hired aircraft. 2.The policy shall provide thirty (30) day notice of cancellation to the LPA. 3.The CONSULTANT or SUB-CONSULTANT shall name the LPA as an additional insured. 22.Merger and Modification. This Contract constitutes the entire agreement between the parties. No understandings, agreements or representations, oral or written, not specified within this Contract will be valid provisions of this Contact. This Contract may not be modified, supplemented or amended, in any manner, except by written agreement signed by all necessary parties. 23.Notice to Parties: Any notice, request, consent or communication (collectively a “Notice”) under this Agreement shall be effective only if it is in writing and (a) personally delivered; (b) sent by certified or registered mail, return receipt requested, postage prepaid; or (c) sent by a nationally recognized overnight delivery service, with delivery confirmed and costs of delivery being prepaid, addressed as follows: Version 6-8-2017 13 Notices to the LPA shall be sent to: Gemma Stanton Project Engineer City of South Bend 227 West Jefferson Blvd. South Bend, Indiana 46601 Notices to the CONSULTANT shall be sent to: Laurie D. Johnson, P.E. Vice President DLZ Indiana, LLC 2211 East Jefferson Blvd. South Bend, Indiana 46615 With a copy to: Barry Lubow Vice President/Legal Council DLZ Corporation 6121 Huntley Road Columbus, Ohio 43229 or to such other address or addresses as shall be furnished in writing by any party to the other party. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service’s cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT’s response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered “work for hire” and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials (“Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA’s prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT’s expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents, to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix “A” on other projects without the express written consent of the CONSULTANT or as provided in Appendix “A”. The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. Version 6-8-2017 14 26.Payments. All payments shall be made in arrears and in conformance with the LPA’s fiscal policies and procedures. 27.Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, IC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1. 28.Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: i.Stipulates that any facility to be utilized in performance under or to benefit from this Contract is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended; ii.Agrees to comply with all of the requirements of section 114 of the Clean Air Act and section 308 of the Federal Water Pollution Control Act, and all regulations and guidelines issued thereunder; and iii.Stipulates that, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and the Federal Highway Administration of the receipt of any knowledge indicating that a facility to be utilized in performance under or to benefit from this Contract is under consideration to be listed on the EPA Listing of Violating Facilities. 29.Severability. The invalidity of any section, subsection, clause or provision of this Contract shall not affect the validity of the remaining sections, subsections, clauses or provisions of this Contract. 30.Status of Claims. The CONSULTANT shall give prompt written notice to the LPA any claims made for damages against the CONSULTANT resulting from Services performed under this Contract and shall be responsible for keeping the LPA currently advised as to the status of such claims. The CONSULTANT shall send notice of claims related to work under this Contract to: 31.Sub-consultant Acknowledgement. The CONSULTANT agrees and represents and warrants to the LPA, that the CONSULTANT will obtain signed Sub-consultant Acknowledgement forms, from all SUB-CONSULTANTS providing Services under this Contract or to be compensated for Services through this Contract. The CONSULTANT agrees to provide signed originals of the Sub-consultant Acknowledgement form(s) to the LPA for approval prior to performance of the Services by any SUB- CONSULTANT. 32.Substantial Performance. This Contract shall be deemed to be substantially performed only when fully performed according to its terms and conditions and any modification or Amendment thereof. 33.Taxes. The LPA will not be responsible for any taxes levied on the CONSULTANT as a result of this Contract. 34.Termination for Convenience. A.The LPA may terminate, in whole or in part, whenever, for any reason, when the LPA determines that such termination is in its best interests. Termination or partial termination of Services shall be effected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. Version 6-8-2017 15 B.If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys’ fees and expenses) it may sustain by reason thereof. 35.Termination for Default. A.With the provision of twenty (20) days written notice to the CONSULTANT, the LPA may terminate this Contract in whole or in part if (i)the CONSULTANT fails to: 1.Correct or cure any breach of this Contract within such time, provided that if such cure is not reasonably achievable in such time, the CONSULTANT shall have up to ninety (90) days from such notice to effect such cure if the CONSULTANT promptly commences and diligently pursues such cure as soon as practicable; 2.Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension; 3.Make progress so as to endanger performance of this Contract; or 4.Perform any of the other provisions of this Contract to be performed by the CONSULTANT; or (ii)if any representation or warranty of the CONSULTANT is untrue or inaccurate in any material respect at the time made or deemed to be made. B.If the LPA terminates this Contract in whole or in part, it may acquire, under the terms and in the manner the LPA considers appropriate, supplies or services similar to those terminated, and the CONSULTANT will be liable to the LPA for any excess costs for those supplies or services. However, the CONSULTANT shall continue the work not terminated. C.The LPA shall pay the contract price for completed supplies delivered and Services accepted. The CONSULTANT and the LPA shall agree on the amount of payment for manufactured materials delivered and accepted and for the protection and preservation of the property. Failure to agree will be a dispute under the Disputes clause (see Section 13). The LPA may withhold from the agreed upon price for Services any sum the LPA determine necessary to protect the LPA against loss because of outstanding liens or claims of former lien holders. D.The rights and remedies of the LPA in this clause are in addition to any other rights and remedies provided by law or equity or under this Contract. E.Default by the LPA. If the CONSULTANT believes the LPA is in default of this Contract, it shall provide written notice immediately to the LPA describing such default. If the LPA fails to take steps to correct or cure any material breach of this Contract within sixty (60) days after receipt of such written notice, the CONSULTANT may cancel and terminate this Contract and institute the appropriate measures to collect monies due up to and including the date of termination, including reasonable attorney fees and expenses, provided that if such cure is not reasonably achievable in such time, the LPA shall have up to one hundred twenty (120) days from such notice to effect such cure if the LPA promptly commences and diligently pursues such cure as soon as practicable. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of such termination. The CONSULTANT agrees that it has no right of termination for non-material breaches by the LPA. 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] Version 6-8-2017 17 Non-Collusion. The undersigned attests, subject to the penalties for perjury, that he/she is the CONSULTANT, or that he/she is the properly authorized representative, agent, member or officer of the CONSULTANT, that he/she has not, nor has any other member, employee, representative, agent or officer of the CONSULTANT, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC §4-2-6-1, has a financial interest in the Contract, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5. In Witness Whereof, the CONSULTANT and the LPA have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. CONSULTANT DLZ Indiana, LLC LOCAL PUBLIC AGENCY Signature Laurie D. Johnson, P.E., Vice President (Print or type name and title) Attest: Signature Anthony M. Glenn, P.E., Project Manager (Print or type name and title) April 25, 2023 Version 6-8-2017 18 APPENDIX "A" SERVICES TO BE FURNISHED BY CONSULTANT: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The scope of this project includes survey and design for sidewalk and curb ramp reconstruction in the area around Kennedy Academy. The area is generally bounded by Lincolnway West to the north, Bendix Drive to the west, Bendix Drive and Orange Street to the south, and Birdsell Street to the east, in the City of South Bend, Indiana. Within this area, there are segments of missing, heaved, or deteriorated sidewalk. An assessment will be completed to evaluate the existing condition of sidewalk throughout the project area and provide recommendations for sidewalk construction/reconstruction prioritization. Based on planning level estimation, it is anticipated that up to 12,000 LFT of 5-foot wide sidewalk and corresponding curb ramps can be constructed with the $2,000,000 in federal and local funding that has been awarded. Curb, driveway approaches, and pavement patching will be constructed when necessary to construct the sidewalk and curb ramps. This project is not intended to correct roadway deficiencies, such as drainage, pavement restoration, pavement markings or signage. Additionally, it is not the intent of this project to address minor ADA deficiencies, such as longitudinal or cross slope of sidewalk and curb ramps, unless the deteriorated condition of the sidewalk or curb ramp also warrants replacement. The CONSULTANT shall be responsible for performing the following activities: A.Project Management & Coordination The CONSULTANT will follow the INDOT Local Public Agency (LPA) Guidance Document, and procedures therein. 1.The CONSULTANT shall manage the activities described in Appendix “A” (Scope of Work) among the project team members. The CONSULTANT’s project manager will be in charge of overall project management in addition to being the LPA’s direct link to the design team for issues concerning administration and technical execution. He or she will be responsible for coordinating the activities of all SUBCONSULTANTs and acting as liaison between the LPA and any outside agencies and/or groups concerning the Project. The project manager will also be responsible for maintaining schedule and budget. 2.The CONSULTANT shall coordinate and attend meetings with the LPA, as appropriate, to facilitate the management of the project design elements. Meetings will be held to discuss technical issues requiring action by the LPA and other third parties. Meetings will be held with the LPA on an as-needed basis to facilitate the acquisition of the necessary project right-of-way parcels. The CONSULTANT shall coordinate and prepare MACOG quarterly reports for review by the LPA prior to submittal to MACOG and attend the quarterly update meetings. 3.The CONSULTANT shall implement quality management and control procedures, to satisfy the project requirements. The CONSULTANT shall coordinate these procedures with the SUBCONSULTANTs at each plan submittal stage for continuity of design standards and plans throughout the project limits. B.Sidewalk Priority Assessment 1.The LPA has contracted another firm to perform a City-wide sidewalk assessment. It is anticipated this assessment will be completed by July 1, 2023. The information will provide a rating of the existing sidewalk conditions and will identify areas where sidewalk does not exist. 2.The CONSULTANT shall provide engineering services to develop a Sidewalk Priority Assessment, which shall evaluate the sidewalk conditions within the project area and establish recommendations for sidewalk replacement or construction of new sidewalk. Version 6-8-2017 19 3.The CONSULTANT shall use the City-wide assessment as a reference to identify areas of sidewalk that need to be replaced or constructed. As these areas are identified, the CONSULTANT shall visit the project site to confirm the City-wide assessment’s findings. 4.As part of the assessment analysis and development, the CONSULTANT shall coordinate with Kennedy Academy to identify primary routes for students walking to school. 5.Based on construction pricing available, planning level estimates will be developed to identify the amount of sidewalk, curb ramps, and incidental construction that can be constructed with the funding available for the project. 6.The assessment report shall document the findings of the evaluation and provide recommendations as to areas of sidewalk and curb ramps to be prioritized for reconstruction. When possible, the recommendations shall focus on stretches of continuous sidewalk to be replaced rather than spot improvements. 7.Following completion of the assessment and determination of the sidewalk areas to be improved, the CONSULTANT shall correspond with Kennedy Academy to provide information on the planned improvements. C.Topographic Field Survey 1.Following completion of the Existing Condition Assessment, the CONSULTANT shall provide the topographic field survey required for preparation of design plans in conformance with the requirements of the Indiana Department of Transportation Design Manual, Part III, Location Surveys, a copy of which is on file with the CONSULTANT and same is incorporated herein by reference and is made a part hereof. Necessary field survey to include: a.The area of survey will be based upon the areas recommended for reconstruction in the Sidewalk Assessment Report. It is anticipated the length of survey will be up to approximately 15,000 LFT and include the area between the edge of pavement and existing curb to approximately 15 feet beyond the existing sidewalk or the front of the existing adjacent building, whichever is nearest. Survey shots along the centerline of the roadway will be collected every 100 feet. b.The topographic mapping will include features such as curbs, sidewalks, traffic poles, outline of landscape areas, outline of wooded areas, trees over 6-inch diameter, etc. c.Establish horizontal and vertical control throughout the project limits. Horizontal control will be based on the Indiana Coordinate System of 1983, East (NAD83). Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88). d.Locate and provide rim elevations for castings (manholes, catch basins and curb inlets) within the survey limits. Sanitary and storm structures will not be detailed to identify invert elevations, flow direction, and type and size of pipes. Structures will be shown on the plan sheets without pipe connections. e.Known subsurface utilities will be depicted based on the field survey of surface markings provided by Indiana Underground Plant Protection Service. f.Create topographic base map from the survey data. g.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. D.Sidewalk Design and Plans The CONSULTANT shall provide engineering and design services to prepare plans, calculations, cost estimates, and other submittal documents in accordance with requirements outlined in the INDOT LPA Process Guidance Document for Local Federal Aid Projects, dated March 2022 and the INDOT Design Manual (IDM). The limits of proposed sidewalk and curb ramp improvements will be based on the Version 6-8-2017 20 recommendation of the Sidewalk Assessment Report and direction from the LPA. The length of proposed new sidewalk is anticipated to be approximately 12,000 LFT of 5-foot sidewalk. The CONSULTANT shall prepare construction plans in accordance with the following: 1.Reconstruct sidewalk and curb ramps through the areas recommended in the Sidewalk Assessment Report and up to the amount that can be constructed with the funding available to the LPA for this project. The sidewalk is anticipated to be 5 feet wide, except where it is adjacent to the curb, in which case the sidewalk will be constructed at 6 feet wide. In areas of limited space due to right of way constraints, utilities, or other elements, the sidewalk width will be reduced to 4 feet, with approval from the LPA. All new sidewalk and curb ramp designs shall be ADA compliant. 2.Existing curb, driveway approaches, and pavement replacement or patching will be reconstructed to the limits necessary to construct the sidewalk and curb ramps. 3.The CONSULTANT shall develop Maintenance of Traffic Plans for the areas of proposed improvement. It is anticipated that traffic will be maintained through the project area, and lane restrictions will be used to provide working room for the contractor. It is not anticipated that a full road closure will be necessary. The CONSULTANT shall coordinate the maintenance of traffic plans with the LPA. 4.The CONSULTANT shall prepare Erosion Control Plans in coordination with preparation of the Construction Stormwater General Permit. The plans will include temporary and permanent erosion control measures for the project. 5.A pavement design analysis will not be performed for this project. If pavement patching is required, the LPA’s standard patching section will be used. 6.The CONSULTANT shall prepare and submit to the LPA, Preliminary Field Check Plans and Stage 3 level plans, specifications, and cost estimate. 7.The LPA is considered a “Certified LPA”, therefore the typical Stage 1, 2, and 3 submittals to INDOT are not required. The CONSULTANT shall prepare and submit to INDOT plans, calculations, and supporting documentation in accordance with the IDM Chapter 14 for the Final Tracings Submission. E.Environmental Document Preparation (NEPA) 1.The CONSULTANT shall perform the following base services to complete a Level 1 Categorical Exclusion Environmental Study (CE) to satisfy State and Federal environmental documentation requirements. The environmental services shall include the appropriate level of Section 106 consultation and documentation for INDOT/FHWA approval under the Minor Projects Programmatic Agreement (MPPA). The environmental compliance services shall consist of the following work elements: a.Project Management: This task includes all file management, subconsultant management, review of project budget, and general project management activities associated with the preparation of the CE document. b.Perform field reconnaissance to verify that the INDOT Level 1 CE impact criteria and thresholds would not be exceeded by the project, and to collect information on potentially historic properties and other resources within the project area. c.Prepare preliminary resource information about the project and project area including supporting maps and photographs (aerial and ground). d.Prepare a Red Flag Investigation using the current INDOT template, including IDEM Virtual File Cabinet Data review. e.Perform Early Coordination with state and federal natural resource and regulatory agencies and other local agencies. f.Complete on-line IPaC USFWS Rangewide Consultation for bat species of concern. Version 6-8-2017 21 g.Determine the presence/absence of jurisdictional waters of the U.S. and prepare brief memorandum of the findings. h.Prepare Section 106 Minor Projects Programmatic Agreement (MPPA) submittal. Cultural subconsultant services are required. i.Perform environmental studies. j.Prepare a Draft CE, using the appropriate current INDOT document template, for INDOT review/comment. k.Revise the Draft CE and submit to INDOT for approval. l.Complete and upload the Environmental Commitments Database Spreadsheet. The above-described environmental compliance services shall be performed in accordance with the Procedural Manual for Preparing Environmental Documents (INDOT, 2008), the Indiana Categorical Exclusion Manual (INDOT/FHWA-IN, 2021), the Indiana Cultural Resource Manual (2014) and other guidance and/or procedures for compliance issued by INDOT and FHWA. F.Utility Coordination The CONSULTANT shall perform utility coordination services in accordance with Indiana Design Manual, Chapter 104 (“IDM”) and 105 IAC 13. If a conflict exists between the IDM and any other INDOT training, the IDM shall govern. 1.The CONSULTANT shall have an INDOT Certified Utility Coordinator as part of the project team and responsible for the primary utility coordination duties. 2.The CONSULTANT will be responsible for initial utility identification, sending the letters required by the IDM, coordinating with the utility and design team throughout the project, obtaining utility work plans, and completing the utility coordination certification and special provision 107-R-169. 3.The CONSULTANT’s utility coordination services under this section do not include contractor constructability or safety reviews. The CONSULTANT will notify the utility if, in the process of performing its utility coordination services, it becomes aware of any existing utilities that it believes create a Constructability Conflict, as described in IDM Section 104-3.05(01). G.Construction Stormwater General Permit 1.The CONSULTANT shall prepare the documentation necessary for an IDEM Construction Stormwater General Permit (CSGP). 2.The permit will be submitted to the St. Joseph County Soil and Water District for review and approval. 3.Once approved, the Notice of Intent (NOI) will be submittal to IDEM. H.Bid and Construction Phase Services The CONSULTANT shall perform bid and construction phase office services, including the following activities: 1.Review of the Contract Information Book (CIB) prior to the construction documents being released for bidding. 2.Address questions from INDOT to interpret, clarify, or expand the bidding documents that are not directly related to an error or omission from the CONSULTANT. 3.Following the bidding process, the CONSULTANT will be responsible for attending the Pre- Construction Meeting. 4.The CONSULTANT shall provide design support to the Resident Project Engineer, as required and as directed by the LPA. Version 6-8-2017 22 5.The CONSULTANT will meet at the project site with the LPA or Resident Project Engineer periodically as required and as directed by the LPA, to assist in matters that may arise during construction. Up to six (6) site visits are anticipated during construction. 6.The CONSULTANT will make his services available to the LPA during construction of the work for the interpretation of the plans where disagreement may arise and for consultation during construction in the even unforeseen or unusual conditions arise. 7.The CONSULTANT shall review or take other appropriate action upon the Contractor’s submittals such as Working (Shop) Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT’s action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the LPA, Contractor or separate contractors, while allowing sufficient time in the CONSULTANT’s professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract. The CONSULTANT’s review shall not constitute approval of safety precautions, or of any construction means, methods, techniques, sequences or procedures. The CONSULTANT’s approval of a specific item shall not indicate approval of an assembly of which the item is a component. 8.Post-letting utility coordination services include acting as a liaison between the utility companies and the LPA answering questions, interpreting plans, reviewing proposed revisions to the utility work plans, and coordinating the utility relocation activities. I.Right of Way Engineering Services, If Required Upon determination of the required temporary right of way required, the CONSULTANT shall perform right of way engineering services, to include: 1.Research of public records to obtain last deed of record and plats for the affected parcels. 2.Prepare a legal description and exhibit drawing for each parcel of right of way to be acquired. 3.Upload Right of Way engineering documents to ERMS and ITAP Land Records System (LRS). Acquisition of permanent right of way is not anticipated to be required for this project. Five (5) parcels are anticipated to require temporary right of way acquisition. J.Appraisal Services, If Required If appraisal services are required, in fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. It is anticipated the project requires appraisal services for up to five (5) parcels. The CONSULTANT shall perform all Appraisal Services in accordance with INDOT’s and FHWA’s procedures as outlined in the Real Estate Division Manual by INDOT, August 2021. Appraisal Services activities are as follows: 1.The CONSULTANT shall appraise up to five (5) parcels. The CONSULTANT may utilize a member of the CONSULTANT’s staff for this purpose or may engage an INDOT-approved appraiser as a subconsultant. 2.The appraisal type for each parcel is anticipated to be a Waiver Valuation and will not require an Appraisal Problem Analysis (APA) or Appraisal Review. If an APA or Appraisal Review is required, it will be considered Additional Services. 3.No owner contact is anticipated. Version 6-8-2017 23 K.Right of Way Management, If Required If right of way management is required, in fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. It is anticipated the project requires right of way management services for up to 5 parcels. The CONSULTANT shall perform all Right of Way Management activities in accordance with INDOT’s and FHWA’s procedures as outlined in the Real Estate Division Manual by INDOT, August 2021. Right of Way Management activities are as follows: 1.Right of Way Management shall include the administration of subconsultant agreements and coordination of title work, appraisals, just compensation certification, buying and required approvals from the LPA, INDOT, and FHWA. 2.No owner contact is anticipated. Buying services are not included in this agreement. If right of way acquisition is required, a separate agreement will be executed for buying services. L.The CONSULTANT shall perform all phases of the work described in this Agreement necessary to accomplish the complete design of the project in conformity with the policies and standards set forth in 23 CFR 625, and in conformity with the standards adopted by the American Association of State and Highway and Transportation Officials and approved by the Secretary of Transportation. The project will be designed in English units and shall be in accordance with the following documents: 1.INDOT’s LPA Guidance Manual. 2.City of South Bend Standards and Specifications. 3.A Policy on Geometric Design of Highways and Streets, American Association of State Highway and Transportation Officials. 4.Public Rights of Way Accessibility Guidelines (PROWAG) 5.Roadside Design Guide, 6.American Association of State Highway and Transportation Officials. 7.Standard Specifications, Indiana Department of Transportation. 8.The Indiana Department of Transportation Design Manual. 9.Indiana Manual on Uniform Traffic Control Devices for Streets and Highways. M.Upon completion and final approval of the work by LPA, the CONSULTANT shall deliver to the LPA the following, which shall become the property of the LPA: 1.Electronic copies of the plans, specifications, and statement of probable construction cost. 2.Electronic copies of the design computations, CAD drawing files, survey data, and paper copies of the plans are available to the LPA upon request. N.Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, LPA's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond CONSULTANT 's control, shall require a change in work as provided by Section 6 - General Provisions, Paragraph 6 titled "Changes in Work". O.In fulfillment of this Agreement, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation for a Federal-Aid Project. Version 6-8-2017 24 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA: The LPA shall furnish the CONSULTANT with the following: 1.Designate in writing a person to act as LPA's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define LPA's policies and decisions with respect to the CONSULTANT's services for the Project, 2.Criteria for assessment of the existing sidewalk conditions and design, 3.Standard Specifications and standard drawings applicable to the project, 4.All written views pertinent to the location and environmental studies that are received by INDOT, 5.Previous Geotechnical investigation(s), if applicable, 6.Review and comments on the Sidewalk Assessment Report, 7.Review comments at the Preliminary Field Check and Stage 3 plan submittal milestones, 8.Arrange for access to and make all provisions for CONSULTANT and/or Subcontractors to enter upon public and private property as required to perform services under this Agreement, 9.Provide legal services for condemnation proceedings, if required, 10.The money and proof of payment/delivery for all payments due property owners and/or applicable property interests, 11.Partial mortgage release fees, 12.Property Management, 13.Conveyance instruments which have been prepared and/or approved for each parcel by LPA legal counsel, 14.Furnish approvals and necessary permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. Permit fees shall be paid by LPA at time of submission of said applications, 15.Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by CONSULTANT, obtain advice of attorney, insurance counselor and other consultants as LPA deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of CONSULTANT, 16.Provide written approval of completed work phases as described in Appendix "A" of this Agreement. Accomplish reviews and provide written approvals in a timely manner, 17.Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in Appendix “E” of this Agreement or other services as required, 18.City-wide Sidewalk Assessment Findings [Remainder of Page Intentionally Left Blank] Version 6-8-2017 25 APPENDIX "C" SCHEDULE: No work under this Contract shall be performed by the CONSULTANT until the CONSULTANT receives a written notice to proceed from the LPA. All work by the CONSULTANT under this Contract shall be completed and delivered to the LPA for review and approval within the approximate time periods shown in the following submission schedule: 1.Sidewalk Assessment Report: Draft Report completed within 75 days after receipt of Notice to Proceed (NTP). Final Report completed within 30 days of receipt of review comments on the Draft Report. 2.Topographic Survey: Within 60 days of approval of the final Sidewalk Assessment Report. 3.Environmental Document: Final approval of a Level 1 CE is anticipated to be obtained within 365 calendar days following approval of the final Sidewalk Assessment Report. This includes typical coordination and review times by the LPA, INDOT, FHWA-IN, resource agencies, SHPO, and/or Section 106 consulting parties. If Additional Services are necessary, modification to the schedule may be required. 4.Roadway Design and Plans a.Preliminary Field Check (PFC) plans submitted to the LPA within 90 days after completion of the field survey. b.PFC Meeting held within 30 days after submitting PFC Plans. c.Stage 3 Plans submitted to the LPA based on INDOT’s Letting Preparation Schedule for the specified letting date. d.Final Tracings submitted to INDOT and the LPA based on INDOT’s Letting Preparation Schedule for the specified letting date. 5.Right-of-Way Engineering, if required a.Title research, R/W engineering, plats, and legal descriptions within 60 calendar days after the Preliminary Field Check meeting or approval of the required right of way. 6.Right of Way Acquisition, if required a.Appraisals within 60 calendar days after completion of Right of Way Engineering. 7.The Letting date for the Project is July 9, 2025, based on a notice to proceed of May 1, 2023, and no right of way acquisition required. If right of way acquisition is required, the Letting date may be adjusted accordingly. [Remainder of Page Intentionally Left Blank] Version 6-8-2017 26 APPENDIX "D" COMPENSATION: A.Amount of Payment 1.The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee not to exceed $294,875.00 unless a modification of this agreement is approved in writing by the LPA. 2.The CONSULTANT will be paid for the work performed under Appendix “A” of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: Task Description Amount A. Project Management $26,300.00 B. Sidewalk Priority Assessment $16,000.00 C. Topographic Field Survey $41,400.00 D. Sidewalk Design and Plans $130,000.00 E. Environmental Document Preparation (NEPA) $25,000.00 F. Utility Coordination $16,500.00 G. Construction Stormwater General Permit $7,000.00 H. Bid and Construction Phase Services, Hourly Rate $15,000.00 I. Right of Way Engineering (Est. 5 Parcels @ $1,500.00 ea.), if required* $7,500.00 J. Appraisal Services, if required (5 @ Est. $725.00 ea)** $3,625.00 K. Right of Way Management, if required (5 @ Est $1,310.00 ea)** $6,550.00 Total = $294,875.00 *Amounts are estimates only. Actual amounts to be invoiced will be based on actual number of parcels. ** Amounts shown are estimates only. Actual amounts to be invoiced will be based on actual subconsultant’s invoices and/or DLZ hourly rates in accordance with actual services provided based on the approved INDOT rate schedule effective at the time of performance of services. Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D", Section A.2. The cost of permit application/regulatory fees will be considered as a reimbursable expense. The CONSULTANT shall not be paid for any services performed by the LPA or not required to develop this project. 3.For services and Reimbursable Expenses of independent professional associates, reimbursable railroad expenses and consultants employed by CONSULTANT, the CONSULTANT shall be reimbursed for the invoiced amount of said services. 4.For those services performed by the CONSULTANT, which are included in the itemized costs, as shown herein in Appendix “D”, Section 2 as an “Hourly Rate”, the CONSULTANT will be paid on the basis of actual hours of work performed by essential personnel exclusively on this Agreement at the employee classification hourly rate in accordance with the CONSULTANT’s fee structure attached as EXHIBIT A. 5.The CONSULTANT shall receive as payment from the LPA for the Additional Services rendered under this Agreement as follows: a.For Additional Services of CONSULTANT's principals and employees engaged on the project, except services to appear as a consultant or witness, on the basis of the employee classification hourly rate and all Reimbursable Expenses incurred in connection with all Additional Services in accordance with the CONSULTANT's fee structure attached as Version 6-8-2017 27 Exhibit F to this Agreement and made an integral part hereof only after approval of a supplemental agreement between the LOCAL PUBLIC AGENCY and CONSULTANT. b.For services and Reimbursable Expenses of independent professional associates and consultants employed by CONSULTANT to render Additional Services, the CONSULTANT shall be reimbursed for the invoiced amount of said services. c.For services rendered by CONSULTANT's principals and employees to appear as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding, except for time spent in preparing to appear in any such litigation, arbitration or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion thereof. d.The hourly rates, which are attached as Exhibit F and used as a basis for payment, mean salaries and wages (basic and incentive) paid to all CONSULTANT's personnel engaged directly on the project, including, but not limited to, engineers, architects, surveyors, planners, designers, draftsmen, specification writers, estimators, other technical and business personnel, and include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay, other group benefits, overhead expenses and profit. e.Reimbursable Expenses mean the actual expenses incurred by CONSULTANT or CONSULTANT 's independent professional associates or consultants, directly or indirectly in connection with the project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail, reproduction of reports, drawings, specifications, bidding documents and similar project related items in addition to those required under Appendix "A"; and, if authorized in advance by the LPA, overtime work requiring higher than regular rates. [Remainder of Page Intentionally Left Blank] Version 6-8-2017 28 6.In consideration for condemnation proceedings described below, the LPA agrees to Pay the Right of Way Manager, Appraiser, Review Appraiser, and Buyer on a daily basis (or on a pro rata basis for less than a day) the following sums: Pre-Trial Conference & Preparation Testimony in Court as Expert Witness Right of Way Manager $2,000.00 per day $1,000.00 per ½ day $2,000.00 per day $1,000.00 per ½ day Appraiser $1,200.00 per day $600.00 per ½ day $1,200.00 per day $600.00 per ½ day Review Appraiser $ 1,500.00 per day $750.00 per ½ day $ 1,500.00 per day $750.00 per ½ day Buyer $ 1,500.00 per day $750.00 per ½ day $ 1,500.00 per day $750.00 per ½ day B.Method of Payment for Design Services 1.The CONSULTANT may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be submitted to the LPA. The invoice voucher shall represent the value, to the LPA, of the partially completed work as of the date of the invoice voucher. The CONSULTANT shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed and prior payments. 2.The LPA, for and in consideration of the rendering of the engineering services provided for in Appendix "A", agrees to pay to the CONSULTANT for rendering such services the fees established above in the following manner: a.The amount invoiced based upon percent complete or the contract unit price, except that: i.The maximum payment for Roadway Design Plans shall be in accordance with the following schedule: (a)Preliminary Field Check (PFC)50% (b)Stage 3 (submission to the LPA)95% (c)Final Tracings 100% ii.Payment for any item not otherwise set out herein shall be made based upon percentage of completion. 3.The LPA for and in consideration of the rendering of the engineering services provided for in Appendix "A", agrees to pay the CONSULTANT for rendering such services the fee established above upon completion of the work thereunder and acceptance thereof by the LPA. 4.The LPA for and in consideration of the rendering of the additional services provided in Appendix "E”, agrees to pay the CONSULTANT for rendering such services the payments established above upon completion of the work thereunder and acceptance thereof by the LPA. 5.If design changes are required during construction due to design errors in the final plans or specifications, the CONSULTANT will make such necessary design changes without additional cost to the LPA. However, if design changes are required during construction which are occasioned by changed conditions or conditions which could not have been reasonably foreseen by the CONSULTANT prior to construction, the CONSULTANT will be paid for such modifications on the basis of actual hours of work performed by essential personnel exclusively on this contract at the employee hourly rate in accordance with the CONSULTANT 's fee structure attached as Appendix “F” to this Agreement. Version 6-8-2017 29 6.If the LPA fails to make any payment due CONSULTANT for services and expenses within thirty (30) days after receipt of CONSULTANT 's statement, CONSULTANT may, after giving seven (7) days' written notice to LPA, suspend services under this Agreement until CONSULTANT has been paid in full all amounts due for services, expenses, and changes. 7.In the event of a substantial change in scope, character, or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with Section VI, Paragraph 6 of this Agreement. [Remainder of Page Intentionally Left Blank] Version 6-8-2017 30 APPENDIX "E" ADDITIONAL SERVICES: A.If authorized in writing by the LPA, the CONSULTANT shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the CONSULTANT except to the extent provided otherwise in Appendix "A". These Additional Services will be paid for by the LPA as indicated in Appendix "D" 1.Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with the project; preparation or review of environmental assessments and impact statements; review and evaluation of the effect on the design requirements of the project of any such statements and documents prepared by others; and assistance in obtaining approvals of authorities having jurisdiction over the anticipated environmental impact of the project except as specifically set out in Appendix "A". 2.Geotechnical Investigation 3.Providing renderings or models for LPA's use. 4.Preparing documents for alternate bids, phased letting(s) and/or multiple bid packages. 5.Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment, or services. Preparation of revised bid documents for rebidding in the event that bids as received are rejected for reasons not due to errors and omissions. 6.Preparing to serve or serving as a consultant or witness for LPA in any litigation, arbitration or other legal or administrative proceeding involving the project. 7.Preparation of materials or attendance to a Public Information Meeting or Public Hearing 8.Routine Wetland Delineation 9.Comprehensive Wetland Delineation per the Corps of Engineers Manual, if required by the Corps. 10.Necessary permit forms and permit processing (US Army Corps of Engineers, US Coast Guard, and/or Indiana Department of Natural Resources). 11.Waters of the US Report 12.Wetland Permitting. 13.Wetland Mitigation Design Plans. 14.Preparation of an Environmental Assessment or Environmental Impact Statement. 15.Archaeological investigation. 16.Standard Section 106 consultation and documentation. 17.IPaC bridge or structure inspection. 18.Preparation of a Level 2 - 4 CE. 19.Additional Specialized environmental compliance and/or assessment services including, but not limited to: individual or programmatic Section 4(f) evaluations for involvement public parks, recreational areas, wildlife, and waterfowl refuges, and/or historic sites; Section 6(f) Evaluation; Initial Site Assessment or Preliminary Site Investigation for hazardous substances and/or contamination; Air Quality analyses; Sole Source Aquifer groundwater assessment. 20.Appraisal Problem Analysis, Appraisal Review, Right of Way Buying Services 21.Location Control Route Survey Plat DLZ Indiana, LLC 4/5/2023 Consultant: DLZ Indiana, LLC April 5, 2023 Item Fee Project Management $26,300 Sidewalk Condition Assessment $16,000 Topographic Survey $41,400 Environmental Document $25,000 Sidewalk Design $130,000 Utility Coordination $16,500 Construction Stormwater General Permit $7,000 Bid & Construction Phase Services, Hourly Rate $15,000 RW Engineering (Est. 5 Parcels @ $1,500 ea), If Req'd $7,500 Appraising - Waiver Valuation, if Req'd. (5 @ $725 ea)$3,625 RW Mgmt, if Req'd. (5 @ $1,310 ea)$6,550 TOTAL FEE $294,875 Kennedy SRTS Des. No. 21001237 FEE SUMMARY DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I DES II TOTALS Project setup & Programming 2 6 8 Subcontractor Agreements 2 6 8 Monthly Progress Updates 10 40 50 Monthly Administration 10 60 70 MACOG Quarterly Form and Mtg 16 16 0 0 0 0 0 0 0 0 0 TOTAL - HOURS:24 128 0 0 0 0 152 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $111.23 DIRECT SALARY COSTS:$4,857.60 $21,422.08 $0.00 $0.00 $0.00 $0.00 $26,279.68 TOTAL FEE $26,279.68 TOTAL FEE (rounded)$26,300.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Project Management MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I DES II TOTALS Review of City-wide Assessment 4 6 6 16 Site visit to confirm City-wide findings 8 8 16 Develop recommendations 1 4 8 8 21 Cost Estimates (Planning Level)2 4 6 12 Report narrative 1 4 4 8 17 Graphics/Photos 1 2 7 10 QC/QM 4 4 8 Draft submittal 1 2 3 Revisions 2 4 8 4 18 Final submittal 1 2 3 0 0 0 0 TOTAL - HOURS:8 33 0 36 47 0 124 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $111.23 DIRECT SALARY COSTS:$1,619.20 $5,522.88 $0.00 $4,194.36 $4,635.61 $0.00 $15,972.05 TOTAL FEE $15,972.05 TOTAL FEE (rounded)$16,000.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Sidewalk Condition Assessment MANHOURS BY CLASSIFICATION $41,400 TOTALS: DESCRIPTION Div. Mgr. (49) Dept. Mgr. (50) Surveyor III (53) Party Chief (127) Inst. Person (248) Designer II (472) Surveyor I (51) Surv. Mapp Assist (94) Clerical (43)Budget - GIS Data Harvest 6.0 $485.58 - Utility Plans, Contact Information and Field Meetings 6.0 $764.34 - Section Corner Information 3.0 $382.17 - Deeds and Property Owner Names & Addresses 10.0 $1,273.90 - Other Recorded Documents 5.0 $636.95 - Send letters to property owners 3.0 $242.79 - Field Reconnaissance $0.00 - Document Review $0.00 $0.00 $0.00 Search / Excavate / Locate - Section Corners (including References)$0.00 - Bench Marks & Survey Control Points $0.00 - Title/Property Evidence 16.0 $2,145.44 Horizontal Control and Field Activity Notes: - GPS Surveying 1.0 10.0 $1,484.57 - On-Site Travers $0.00 Vertical Control and Field Activity Notes: - Off-site 1.0 10.0 $1,484.57 - On-site $0.00 Witnesses: - Control Points 1.0 10.0 $1,255.97 Staking: - Soil Borings $0.00 - Right of Way $0.00 - Boundary $0.00 - Miscellaneous $0.00 $0.00 Topographic Survey: -Mainline(s)110.0 $14,749.90 -S-Line(s)$0.00 -T Line(s)$0.00 - Site Design Topo $0.00 - Detailed Sketches $0.00 - Sanitary and Storm Sewer Investigation $0.00 Other Field Related Work: - Wetland/OHWM Flags $0.00 - Field Check 5.0 $670.45 - Stream Sections $0.00 - Bridge Detail $0.00 Project Administration 5.0 $1,102.20 Project Coordination 5.0 $1,102.20 Lidar/UAS aerotriangulation/Registration/extraction $0.00 Digitzing Planimetrics $0.00 Field Book Preparation 3.0 10.0 $1,704.91 Utility Mapping $0.00 Topography Mapping 42.0 $5,350.38 Boundary/Right of Way Resolution 20.0 $2,873.40 Report Preparation $0.00 Plat Preparation $0.00 Review 5.0 $1,102.20 Revisions 5.0 $718.35 TOTAL - Hours:15.0 0.0 31.0 151.0 0.0 10.0 76.0 9.0 0.0 292.00 SALARY PER HOUR $220.44 $203.84 $143.67 $134.09 $117.40 $111.23 $127.39 $80.93 $62.33 DIRECT SALARY COSTS:$3,306.60 $0.00 $4,453.77 $20,247.59 $0.00 $1,112.30 $9,681.64 $728.37 $0.00 $39,530.27 OTHER SURVEY DIRECT PROJECT COSTS: EXPENSES - VEHICLE -19.0 $65.000 /day $1,235.00 - LODGING -0.0 $100.00 /night $0.00 - MEALS -0.0 $52.00 days x $52/day $0.00 - COPIES (DEEDS, PLATS, RAILROAD PLANS,ETC.) =$600.00 - EQUIPMENT RENTAL -$0.00 - S.U.E. SUBCONSULTANT -$0.00 TOTAL DIRECT COSTS $1,835.00 TOTAL FIELD SURVEY BUDGET $41,365.27 TOTAL FIELD $20,247.59 TOTAL OFFICE $19,282.68 Office Activities TOTAL LABOR BUDGET $39,530.27 TOTAL FIELD SURVEY BUDGET (ROUNDED)$41,400.00 Field Activities: FEE JUSTIFICATION FOR TOPOGRAPHIC SURVEY Kennedy SRTS DLZ Indiana, LLC (2023 INDOT Rates) HOURS BY CLASSIFICATION Research Activities: MH Justification-Kennedy SRTS.xlsx/TOPO [May 30, 2003] 11:32 AM DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I DES II TOTALS Project files setup & design criteria 2 8 10 8 28 Geometric layout 8 12 60 48 128 Cover Sheet & Index 1 2 4 7 Typical Sections 2 8 16 16 42 Plan Sheets 8 32 12 60 61 150 323 Erosion Control Sheets 4 4 8 8 8 32 Misc Details 2 4 4 4 24 38 Design Comps and Documentation 6 8 8 16 24 62 Quantities 2 8 24 44 78 Estimate 3 8 4 24 20 59 Specifications 2 10 2 20 16 50 PFC Plans Submittal 2 8 2 6 24 42 PFC Meeting 2 2 4 2 10 Stage 3 Plan Submittal 10 12 2 6 24 54 Final Tracings Submittal 8 12 2 6 24 52 QM/QC 8 16 12 36 0 0 TOTAL - HOURS:69 153 44 264 253 258 1,041 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $111.23 DIRECT SALARY COSTS:$13,965.60 $25,606.08 $6,009.08 $30,758.64 $24,953.39 $28,697.34 $129,990.13 TOTAL FEE $129,990.13 TOTAL FEE (rounded)$130,000.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Sidewalk Design MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENV IV ENG I SURV MAP ASSIST DES II TOTALS NEPA Doc Mgmt of Subs 2 14 16 Data Collection, Field Reconnaissance (1 Staff, 1 Trip)8 8 USFWS IPaC Rangewide Programmatic Consultation 4 4 Waters of the U.S. Determination and Brief Memo 14 14 Review Section 106 MPPA Submittal 2 2 Social, Economic, and Environmental Studies 16 16 Draft CE Preparation / INDOT Submittal 2 2 28 3 2 37 Environmental Commitments Database Spreadsheet 2 2 4 Final CE Preparation / Distribution of Copies 10 2 12 QM/QC 4 4 6 14 0 0 0 0 TOTAL - HOURS:8 22 90 3 4 0 127 HOURLY RATE (2023 Rates)$202.40 $167.36 $124.28 $98.63 $79.19 $111.23 DIRECT SALARY COSTS:$1,619.20 $3,681.92 $11,185.20 $295.89 $316.76 $0.00 $17,098.97 Direct Cost-Subconsultant: Metric (Section 106 MPPA Part 1, RFI, Early Coordination)$7,900.00 TOTAL FEE $24,998.97 TOTAL FEE (rounded)$25,000.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Environmental Document MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I SURV III TOTALS 811 Design Ticket - Setup Tracking Spreadsheet 2 6 8 Send initial notices to utilities 1 4 5 Prepare and Maintain communication logs 10 10 Send verification plans to all utilities 2 4 6 Attend PFC 4 4 Conflict Analysis 2 6 8 Conflict resolution - If Needed 1 4 8 13 Send Work Plan Request 2 6 8 Review relocation plans and work plans 4 14 18 Util Agreements, if needed (Assume 3 utilties in 3 2 8 13 Compile master utility relocation plan 10 10 Utility Coordination Certification 2 4 6 QM/QC 4 4 Stake ROW for Utilities 2 8 10 TOTAL - HOURS:12 19 0 84 0 8 123 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $143.67 DIRECT SALARY COSTS:$2,428.80 $3,179.84 $0.00 $9,786.84 $0.00 $1,149.36 $16,544.84 TOTAL FEE $16,544.84 TOTAL FEE (rounded)$16,500.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Utility Coordination MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I DES II TOTALS Review EC Plan/details 4 4 8 Prepare SWPPP Report 1 3 20 4 28 Submit to SJC SWD 1 1 Revisions 2 5 2 9 Prepare NOI 2 2 4 Submit to IDEM 2 2 0 0 0 0 0 0 0 0 TOTAL - HOURS:1 14 0 31 0 6 52 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $111.23 DIRECT SALARY COSTS:$202.40 $2,343.04 $0.00 $3,611.81 $0.00 $667.38 $6,824.63 Direct Cost: Permit Fee $100.00 Direct Cost: Publish Public Notice $100.00 TOTAL FEE $7,024.63 TOTAL FEE (rounded)$7,000.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Construction Stormwater General Permit MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION DM PM I ENG III ENG II ENG I DES II TOTALS Review CIB 4 2 6 Assist with Contractor Questions 1 8 9 Attend PreConstruction Meeting 2 2 Respond to requests for clarification/interpretation 1 12 10 9 32 Shop Dwg & RFI Review/Response 10 5 15 Attend up to 6 Site Visits 12 12 Attend PreFinal 6 6 Utility Coordination 10 8 18 0 0 0 0 0 0 TOTAL - HOURS:2 64 0 25 0 9 100 HOURLY RATE (2023 Rates)$202.40 $167.36 $136.57 $116.51 $98.63 $111.23 DIRECT SALARY COSTS:$404.80 $10,711.04 $0.00 $2,912.75 $0.00 $1,001.07 $15,029.66 TOTAL FEE $15,029.66 TOTAL FEE (rounded)$15,000.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Bid and Construction Phase Services MANHOURS BY CLASSIFICATION DLZ INDIANA, LLC Date:4/5/2023 DESCRIPTION Div. Mgr.Dept. Mgr. Surveyor III Designer II Surv. Mapp Assist Clerical TOTALS 5 Parcels Est., if Req'd. Parcel 1 2 2 6 1 1 12 Parcel 2 2 2 6 1 1 12 Parcel 3 2 2 6 1 1 12 Parcel 4 2 2 6 1 1 12 Parcel 5 2 2 6 1 1 12 0 0 0 0 0 0 0 0 0 TOTAL - HOURS:0 10 10 30 5 5 60 HOURLY RATE (2023 Rates)$220.44 $203.84 $143.67 $111.23 $80.93 $62.33 DIRECT SALARY COSTS:$0.00 $2,038.40 $1,436.70 $3,336.90 $404.65 $311.65 $7,528.30 Direct Cost: Permit Fee Direct Cost: Publish Public Notice TOTAL FEE $7,528.30 TOTAL FEE (rounded)$7,500.00 \\dlzcorp.com\pan-files$\Files\CRM\Opportunities\South Bend\2023\Transportation\{SB23002021} City of South Bend, IN - SRTS Kennedy School\Agreement\[MH Justification-Kennedy SRTS.xlsx]Summary Kennedy SRTS Right of Way Engineering MANHOURS BY CLASSIFICATION BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 4-6-2023 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 4/25/2023 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name 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 DLZ Indiana, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name SRTS Kennedy Academy Project Number 123-017 Funding Source Redevelopment Commission Account No. PR-00024155 Amount $294,875 Terms of Contract Special Contract Provisions Purpose/Description Design of Safe Routes to School (sidewalks, curb ramps, crosswalks) around Kennedy Academy 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: