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Memorandum
Saturday, March 9, 2013
TO: Redevelopment Commission
FROM: Michael Divita
SUBJECT: Fellows Street Right-of-Way Acquisitions
Attached to this memorandum are documents relating to right -of -way acquisition for the proposed
Fellows Street improvements. Resolution 3128 and Amendment to the Addendum to the Master
Agency Agreement (Fellows Street Corridor Improvement Project - Supplement #5) authorize the
Board of Public Works to act as the Commission's agent and set the budget for right -of -way
acquisition.
The draft engineering plans for the Fellows Street intersection, sidewalk, and drainage improvements
indicate the need for full acquisition of one property, partial acquisition along with additional
construction easements /temporary right-of-way areas for three properties, and construction
easements only for seven properties. Attached to the addendum is a copy of a proposed $135,990
professional services contract from DLZ to provide right-of-way acquisition services for these eleven
properties. This proposal includes title abstracting, appraisals, transfer documents, negotiation,
closing, relocation, title policy, recording, and related services. The preliminary estimate for
acquiring the properties themselves is $165,000. The total project budget for acquisition is therefore
$300,990.
Staff requests approval of the above project budget, Resolution 3128 and Amendment to the
Addendum to the Master Agency Agreement (Fellows Street Corridor Improvement Project -
Supplement #5).
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV
RESOLUTION NO. 3128
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Fellows Street Corridor Improvement Project - Supplement #5)
(2865 -11, 2972 -11, 3037 -12, 3045 -12, 3104 -12, 3128 -13)
WHEREAS, effective January 1, 2013, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission ") and the South Bend Board of Public Works (the 'BPW ") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2013; and
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement #1 by
way of Resolution 2972 on December 13, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement #2 by
way of Resolution 3037 on May 31, 2012; and
WHEREAS, the Commission tabled the Addendum with Supplement #3 on June
28, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #4 by
way of Resolution 3104 on November 8, 2012; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement (Fellows Street Corridor Improvement
Project - Supplement #5) and hereby authorizes its execution in substantially the form
attached hereto with such changes as the Commission may deem necessary or appropriate
upon the advice of counsel, said execution thereof to be conclusive evidence of the
Commission's approval of such changes. The Clerk is hereby directed to file a copy of
this Amendment to the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Commission staff members are authorized to execute on behalf of
the Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
March 14, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
(Signature Page Follows)
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Fellows Street Corridor Improvement Project - Supplement #5)
( 2865 -11, 2972 -11, 3037 - 12,3045- 12,3104- 12,3128 -13)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 14th day of March, 2013, by and
between the South Bend Department of Redevelopment, acting by and through its
Redevelopment Commission (the "Commission") and the City of South Bend, Indiana, a
municipal corporation duly organized and existing pursuant to the laws of the State of
Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of
the Commission designating the BPW to act as the Commission's agent to undertake the
Fellows Street Corridor Improvement Project - Supplement #5 (the "Project ").
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2013; and
WHEREAS, effective January 1, 2013, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #1 during December 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #2 during May 2012; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #3 during June 2012; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement 44 during November 2012; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being originally described in "Exhibit A ", amended by Supplement #1 as described in
"Exhibit B ", amended by Supplement #2 as described in "Exhibit C ", tabled Supplement
#3 as described in "Exhibit D ", amended by Supplement #4 as described in "Exhibit E ",
and now amended by Supplement #5 as described in "Exhibit F" attached hereto and
made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
(Signature Page Follows)
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Don Inks, Member
Kathryn Roos, Member
Mark Neal, Member
Michael Mecham, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
See attached proposal from Christopher B. Burke Engineering Ltd. dated April 4, 2011
and approved by the Board of Public works on April 25, 2011
Exhibit "B"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #1
See attached Amendment dated December 6, 2011
and approved by the Board of Public Works on December 22, 2011
Exhibit "C"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #2
See attached Amendment dated May 1, 2012
and approved by the Board of Public Works on June 26, 2012
Exhibit "D"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #3
This exhibit was approved by the Redevelopment Commission in June 2012
Tabled by BPW
Exhibit "E"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #4
See attached Amendment dated November 2, 2012
and approved by the Board of Public Works on November 20, 2012
Exhibit "F"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #5
Right -of -Way Acquisition Services, $135,990
See attached proposed contract from DLZ dated March 2013
Property Acquisition Estimate, $165,000
PROFESSIONAL SERVICES CONTRACT
FELLOWS STREET
RIGHT OF WAY ACQUISITION SERVICES
SOUTH BEND, INDIANA
Prepared For:
City of South Bend
1316 County -City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Prepared By:
DLZ INDIANA, LLC
2211 East Jefferson Boulevard
South Bend, IN 46615
March 2013
PROFESSIONAL SERVICES CONTRACT
PROFESSIONAL SERVICES CONTRACT
FELLOWS STREET ROAD RIGHT OF WAY ACQUISITION SERVICES
City of South Bend, Indiana
Table of Contents:
1 ........................................................................................ ............................... Agreement
2 ..............................................................
............................... .......................Appendix "A„
Basic Services by Engineer
3 ..............................................................
............................... .......................Appendix "B„
Information and Services to be Furnished by Owner
4 ...................................................................................
............................... Appendix OC„
Project Schedule
5 ....................................................................................
............................... Appendix "D„
Compensation Fee Schedule
6 ..................................................................
............................... ...................Appendix °E„
Additional Services of Engineer
7 ....................................................................
............................... ........................Exhibit 1
Parcel Identification Map
S....................................................................
............................... ........................Exhibit 2
DLZ's Standard Fee Structure
Fellows Street Right of Way Acquisition Services Agreement
March 2013
Page 2 of 10
AGREEMENT
THIS AGREEMENT is made and entered into this day of
2013, by and between the City of South Bend, Indiana, acting by and through the
Board of Public Works, hereinafter referred to as the "OWNER ", and DLZ Indiana, LLC,
2211 East Jefferson Blvd., South Bend, IN 46615, hereinafter referred to as the
"ENGINEER ".
WHEREAS, the OWNER desires to contract for Right of Way Acquisition
Services for eleven (11) parcels along Fellows Street; and,
WHEREAS, the ENGINEER has expressed a willingness to perform said design
services as set out in Appendix "A; and,
WHEREAS, the parties hereto agree that said ENGINEER shall provide the
services and documents, hereinbefore and hereinafter described, in relation to the
following described project:
In general, the purpose of this project is to provide right of way acquisition
services to include title abstracting, appraisal problem analysis, appraisals,
appraisal review, negotiation and acquisition coordination, closing, recording and
relocation activities for parcels of right of way to be acquired from existing
residential properties located along Fellows Street. Refer to Exhibit 1 for the
identification of parcels from which right of way is proposed to be acquired.
NOW, THEREFORE, in consideration of the mutual covenants herein contained,
the parties hereto mutually covenant and agree as follows:
Section I. Basic Services by ENGINEER
The basic services to be provided by the ENGINEER under this Agreement are
as set out in Appendix "A ", attached to this Agreement, and made an integral part
hereof.
Section Il. Information and Services to be Furnished by the OWNER
The information and services to be furnished by the OWNER are as set out in
Appendix "B ", attached to this Agreement, and made an integral part hereof.
Section III. Notice to Proceed and Schedule
The ENGINEER shall begin the work to be performed under this Agreement
immediately upon receipt of the written notice to proceed from the OWNER, and shall
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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deliver the work to the OWNER in accordance with the Schedule contained in Appendix
"C ", attached to this Agreement, and made an integral part hereof.
The ENGINEER shall not begin work prior to the date of the notice to proceed
unless otherwise directed by the OWNER.
Section IV. Compensation
The ENGINEER shall receive payment for the work performed under this
Agreement as set forth in Appendix "D ", attached to this Agreement, and made an
integral part hereof. In accordance with IC 36 -1- 12.5- 5(d)(4), payments by the Owner
are subject to annual appropriation by its fiscal body.
Section V. Additional Services of ENGINEER
If authorized in writing by OWNER, ENGINEER shall furnish or obtain from
others Additional Services of the types listed in Appendix "E ", attached to this
Agreement, and made an integral part hereof.
Section VI. General Provisions
Work Office
The ENGINEER shall perform the work under this Agreement at the following office:
DLZ Indiana, LLC
2211 East Jefferson Boulevard
South Bend, IN 46615
2. Covenant Against Contingent Fees
The ENGINEER warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for the ENGINEER, to solicit or
secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bona fide employee working solely for the ENGINEER, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration, contingent
upon or resulting from the award or making of this Agreement. For breach or violation
of this warranty, the OWNER shall have the right to annul this Agreement without
liability, or, in its discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift or contingent fee.
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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3. Subiettina and Assignment of Contract
No portion of the work under this Agreement shall be sublet, assigned or
otherwise disposed of, except with the written consent of the OWNER. Consent to
sublet, assign or otherwise dispose of any portion of the work under this agreement
shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment
of the Agreement. A subcontractor shall not subcontract any portion of its work under
this Agreement.
4. Ownership of Documents
All deliverable documents, including tracings, drawings, reports, estimates,
specifications, field notes, investigations, studies, etc., as instruments of service, are to
be the property of the OWNER upon payment of all sums due to the ENGINEER. The
ENGINEER shall be entitled to keep copies. During the performance of the services,
herein provided for, the ENGINEER shall be responsible for any loss or damage to the
documents, which he caused, herein enumerated, while they are in his possession and
any such loss or damage shall be restored at his expense. Full access to the work
during the progress of the work shall be available to the OWNER.
Access to Records
The ENGINEER and his subcontractors shall maintain all books, documents,
papers, accounting records and other evidence pertaining to the cost incurred and shall
make such materials available at its respective offices at all reasonable times during the
period of this Agreement and for three (3) years from the date of final payment under
the terms of this Agreement, for inspection by the OWNER and copies thereof shall be
furnished if requested.
6. Compliance with State and Other Laws
The ENGINEER specifically agrees that in performance of the services herein
enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or
they will comply with any and all State, Federal, and Local Statutes, Ordinances and
Regulations and obtain all permits that are applicable to the entry into and the
performance of this Agreement. This Agreement shall be interpreted and enforced
according to the laws of the State of Indiana. ENGINEER acknowledges that it may be
required to submit to an audit of funds paid through this Agreement. Any such audit
shall be conducted in accordance with standards applicable to the Indiana State Board
of Accounts.
This Agreement shall be interpreted and enforced according to the laws of the
State of Indiana.
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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ENGINEER affirms under the penalties of perjury that he /she /it does not
knowingly employ an unauthorized alien. ENGINEER 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. ENGINEER shall not knowingly employ or contract with an
unauthorized alien. ENGINEER shall not retain an employee or contract with a person
that ENGINEER subsequently learns is an unauthorized alien.
ENGINEER is not required to participate in the E- Verify program should the E-
Verify program cease to exist. Additionally, the ENGINEER is not required to participate
if the ENGINEER is self - employed and does not employ any employees.
ENGINEER shall require his /her /its subcontractors, who perform work under this
contract, to certify to ENGINEER that the subcontractor does not knowingly employ or
contract with an unauthorized alien and that the subcontractor has enrolled and is
participating in the E- Verify program. ENGINEER agrees to maintain this certification
throughout the duration of the term of a contract with a subcontractor.
OWNER may terminate for default if ENGINEER fails to cure a breach of this
provision no later than thirty (30) days after being notified by OWNER.
7. Limitations of Liability
No employee of ENGINEER shall have individual liability to OWNER. OWNER
agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER
for any and all injuries, claims, losses, expenses or damages whatsoever arising out of
or in any way related to the Project or this Agreement from any causes including, but
not limited to, ENGINEER's negligence, error, omissions, strict liability, or breach of
contract shall not exceed the total compensation received by ENGINEER under this
Agreement. If OWNER desires a limit of liability greater than provided above, OWNER
and ENGINEER shall include in the Agreement the amount of such limit and the
additional compensation to be paid to ENGINEER for assumption of such risk.
8. Enaineer Indemnification
The ENGINEER hereby agrees to indemnify, hold and save the OWNER
harmless from and against any and all losses, damages, settlements, costs, charges, or
other expenses or liabilities of every kind and character arising out of or relating to any
and all claims, liens, demands, obligations, actions, proceedings, or causes of action of
every kind and character arising out of the intentional misconduct and /or negligent acts
or omissions of the ENGINEER, his directors, officers, and employees, for whose acts
the ENGINEER is responsible under this Agreement subject to any limit of liability
established by this Agreement. Notwithstanding the foregoing, the ENGINEER shall not
be required to indemnify the OWNER, its officers, agents, or employees against liability
for damages arising out of injury to persons, theft, or loss or damage to property caused
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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by or resulting from the negligence or intentional misconduct of the OWNER, its officers,
agents, or employees.
9. Owner Indemnification
The OWNER hereby agrees to indemnify, hold and save the ENGINEER
harmless from and against any and all losses, damages, settlements, costs, charges, or
other expenses or liabilities of every kind and character arising out of or relating to any
and all claims, liens, demands, obligations, actions, proceedings, or causes of action of
every kind and character arising out of the intentional misconduct and/or negligent acts
or omissions of the OWNER, his directors, officers, and employees, for whose acts the
OWNER is responsible under this Agreement. Notwithstanding the foregoing, the
OWNER shall not be required to indemnify the ENGINEER, its officers, agents, or
employees against liability for damages arising out of injury to persons, theft, or loss or
damage to property caused by or resulting from the negligence or intentional
misconduct of the ENGINEER, its officers, agents, or employees.
10. Status of Claims
The ENGINEER shall be responsible for keeping the OWNER currently advised
as to the status of any claims made for damages against the ENGINEER which are
known resulting from services performed under this Agreement. The ENGINEER shall
send notice of claims related to work under this Agreement to OWNER within thirty (30)
days.
11. Workmen's Compensation and Liability Insurance
The ENGINEER shall procure and maintain, until final'payment by the OWNER
for the services covered by this Agreement, insurance of the kinds and in the amounts
hereinafter provided in insurance companies authorized to do such business in the
State of Indiana covering all operations under this Agreement whether performed by
him or by his subcontractor. The ENGINEER will not be given a notice to proceed until
the ENGINEER has furnished a certificate or certificates in a form satisfactory to the
OWNER, showing that this section has been complied with. During the life of this
Agreement, the ENGINEER shall furnish the OWNER with certificates showing that the
required insurance coverage is maintained. The certificate or certificates shall provide
that the policies shall not be changed or canceled until forty-five (45) days written notice
has been given to the OWNER. In the event that such written notice of change or
cancellation is given, the OWNER may at its option terminate this Agreement and no
further compensation shall in such case be made to the ENGINEER.
The kinds and amounts of insurance required are as follows:
Policy covering the obligations of the ENGINEER in accordance with the
provisions of the Workmen's Compensation Law. This Agreement shall be void and of
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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no effect unless the ENGINEER procures such policy and maintains it until acceptance
of the work.
Comprehensive Policies of Bodily Injury Liability and Property Damage Liability
Insurance, including OWNER'S or Contractor's Protective Coverage (naming the
OWNER as an additional insured). Limits of liability to be not less than $700,000 for
each person, including death at any time resulting therefrom, and not less than
$5,000,000 in any one occurrence, and not less than $1,000,000 for all damages arising
out of injury to or destruction of property or a combined single limit of $6,000,000.
(A) Automobile Policies of Bodily Injury and Property Damage Liability
Insurance of the types herein specified with bodily injury limits of
liability of not less than $700,000 for each person, including death at
any time resulting therefrom, and not less than $5,000,000 in any one
accident, and not less than $1,000,000 for all damages arising out of
injury to or destruction of property, including hired or non -owned
vehicles, or a combined single limit of $6,000,000.
(B) Professional Liability Insurance in the amount of $2,000,000 per
occurrence and aggregate limit. Expense of additional insurance
coverage or limits for professional liability insurance, requested by the
OWNER in excess of that normally carried by the ENGINEER is
considered additional reimbursable expense and will require an
amendment to the AGREEMENT
12. Chances in the Work
In the event the OWNER requires changes in the work, after the work has
progressed as directed by the OWNER, adjustments in compensation to the
ENGINEER, and in time for performance of the work as modified, shall be determined
by the OWNER in consultation with ENGINEER and the ENGINEER shall not
commence the change of scope of the work until a supplemental agreement is executed
within ninety (90) days of the change and the ENGINEER is authorized in writing by the
OWNER.
13. Proaress Reports
The ENGINEER shall submit a monthly Progress Report to the OWNER.
14. Termination
The obligation to provide further services under this Agreement may be
terminated by either party upon thirty (30) days' written notice from receipt in the event
of substantial failure by the other party to perform in accordance with the terms hereof
through no fault of the terminating party. If the services of this Agreement are
terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings,
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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specifications and estimates completed or partially completed and these shall become
the property of the OWNER. The earned value of the work performed shall be based
upon an estimate of the portions of the total services as have been rendered by the
ENGINEER to the date of termination and which estimate shall be as made by the
OWNER in consultation with ENGINEER for all services to be paid for on a lump sum
basis.
15. Non - Discrimination
Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall
not discriminate against any employee or applicant for employment, to be employed in
the performance of the work under this Agreement, 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, handicap, national origin or ancestry.
Breach of this covenant may be regarded as a material breach of the Agreement.
16. Successors and Assianees
The OWNER, insofar as authorized by law, binds itself and its successors, and
the ENGINEER binds his successors, executors, administrators and assignees, to the
other party of this Agreement and to the successors, executors, administrators and
assignees of such other party, as the case may be insofar as authorized by law, in
respect to all covenants of this Agreement.
Except as above set forth, neither the OWNER nor the ENGINEER shall assign,
sublet or transfer its or his interest in this Agreement without the prior written consent of
the other.
17. Supplements
This Agreement may only be amended, supplemented or modified by a written
document executed in the same manner as this Agreement.
18. Duration of Agreement
If the basic services covered in this Agreement have not been completed by the
Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the
ENGINEER, extension of the ENGINEER's services beyond that time shall be revised
to include compensation for inflationary adjustments.
(The remainder of this page intentionally left blank.)
Fellows Street Right of Way Acquisition Services Agreement
March 2013
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The undersigned attests, subject to the penalties for perjury, that he is the contract
party, or that he is the representative, agent, member or officer of the ENGINEER that
he has not, nor has any other member, employee, representative, agent or officer of the
firm, company, corporation or partnership represented by him, directly or indirectly, to
the best of his knowledge, entered into or offered to enter into any combination,
collusion or agreement to receive or pay, and that he has not received or paid, any sum
of money or other consideration for the execution of this Contract other than that which
appears upon the face of the Contract.
IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement.
ENGINEER:
DLZ INDIANA, LLC
Gary K. Fisk, P.E.
Vice President
ATTEST:
—Samuel E. Wolfe, P.E., L.S.
Division Manager
OWNER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
By:
Gary A. Gilot, P.E., Board President
By:
Donald E. Inks, Member
By:
Kathryn Roos, Member
Michael Mecham, P.E., Member
Mark Neal, Member
Fit 09 *16
BY:
Linda M. Martin, Clerk
Approved as to Legality and Form:
Attorney for City of South Bend
MAProposals\2013\6160 - ROW Survey\Real Estate \City of South eend\Felbm SImMgreementdoc
Fellows Street Right of Way Acquisition Services
Page 10 of 10
Agreement
March 2013
APPENDIX "A"
BASIC SERVICES BY ENGINEER
A. The ENGINEER shall provide the services of qualified professionals to perform
Right of Way Acquisition Services including title abstracting, appraisal problem
analysis, appraisal, appraisal review, negotiation, acquisition coordination,
closing, recording and relocation services for eleven (11) parcels of right of way
to be acquired from existing residential properties along Fellows Street in the City
of South Bend, Indiana.
B. The ENGINEER shall engage a Subconsultant to provide preliminary title
abstracting for each parcel from which right of way is to be acquired. Title
abstracting shall also include supplemental title updates following acquisition of
right of way for verification of title information prior to submitting secured parcels
to the City of South Bend for processing of payment.
C. The ENGINEER shall engage a Subconsultant to prepare and provide appraisal
problem analysis to determine the type and scope of appraisal to be prepared for
each parcel to be acquired.
D. The ENGINEER shall engage a Subconsultant to prepare and provide appraisals
in accordance with the appraisal problem analysis, or as modified during
appraisal development, for each parcel to be acquired.
E. The ENGINEER shall engage a Subconsultant to provide appraisal review
services for each completed appraisal. The appraisal review shall include
completion of review documentation and recommendation of just compensation.
F. The ENGINEER shall provide negotiation, acquisition coordination and closing
services including the following activities:
1. Provide completed appraisal problem analyses, appraisals, appraisal
reviews and just compensation recommendation forms for review and
authorization by the OWNER prior to initiation of negotiation activities.
2. In accordance with right of way engineering documents to be provided by
the OWNER, appraisal, appraisal review and OWNER - approved
recommendation of just compensation forms, the ENGINEER shall
prepare preliminary offer and conveyance documents and submit to the
OWNER's designated representative for review and approval prior to
commencing negotiations with each property owner.
3. Upon review and approval of preliminary offer and conveyance documents
by the OWNER's designated representative and /or the OWNER's legal
Fellows Street Right of Way Acquisition Services APPENDIX "A"
March 2013
Page 1 of 4
staff, the ENGINEER shall commence negotiation activities with each
property owner.
4. Negotiation activities shall include presentation of each offer in person or
by mail, discussion of the project, explanation of right of way acquisition
and eminent domain procedures, preparation of owner appraisal letters,
pay vouchers, sales disclosure forms, real estate tax memorandums,
receipt of conveyance instrument forms and/or additional documents as
necessary.
5. For tenant - occupied parcels, the ENGINEER shall request copies of lease
agreements from the lessor for review and coordination with the OWNER
for determination regarding the need for release of lessee interest in
property proposed to be acquired as right of way.
6. The ENGINEER shall obtain partial mortgage release(s) and /or additional
lien release(s) when directed by the OWNER to provide clear title to each
parcel. Such release(s) may include tenant release(s) of lessee interest(s)
in right of way.
7. The ENGINEER shall provide as needed notarization services for
acceptance of offers and execution of conveyance documents by property
owners.
8. The ENGINEER shall attempt to resolve right of way issues and
coordinate Administrative Settlements, upon approval and direction by the
OWNER, if necessary.
9. When directed by the OWNER, the ENGINEER shall coordinate plan
revisions and /or revisions to right of way acquisition documents if required
during negotiations.
10. The ENGINEER shall obtain and/or provide a supplemental title report for
secured parcels. The ENGINEER may engage a Subconsultant for the
preparation of the supplemental title report.
11. Pursuant to successful acquisition of executed conveyance documents
and lien release documents, the ENGINEER shall submit copies of
executed documents to the OWNER for legal review and approval.
12. Pending OWNER's legal review and approval of secured parcel
documents, the ENGINEER shall submit pay request memorandums,
taxpayer number identification request forms and additional
documentation as may be necessary to the OWNER for review and
processing of payment for compensation of right of way acquisition.
13. The ENGINEER shall coordinate with the OWNER for distribution of
payment.
Fellows Street Right of Way Acquisition Services APPENDIX "A"
March 2013
Page 2 of 4
14. The ENGINEER shall provide final right of way parcel files and original
recorded documents to the OWNER for records.
15. When directed by the OWNER, the ENGINEER shall prepare
condemnation reports for unsecured parcels.
16. The ENGINEER shall provide assistance in the event of condemnation as
Additional Services as identified in Appendix "E ".
G. For secured parcels, the ENGINEER shall provide document recording services
including the following activities:
1. For parcels involving acquisition of permanent right of way, the
ENGINEER shall obtain County Assessor's approval of sales disclosure
forms, verification of parcel tax identification numbers and County
Assessor stamp on documents as verification of County Assessor receipt
prior to submission to County Auditor.
2. The ENGINEER shall submit applicable documents for recording to the
County Auditor for review and to obtain Auditor stamp as verification of
receipt by County Auditor prior to submission to County Recorder for
recording.
3. The ENGINEER shall submit applicable documents for recording to the
County Recorder.
4. The ENGINEER shall obtain original recorded documents from the County
Recorder subsequent to completion of recording activities.
H. ENGINEER shall engage subconsultant to provide the following relocation
services:
1. Relocation agent shall accompany the appraiser during the appraisal
observation to assist and coordinate in the identification of personal
property and real property.
2. The relocation agent shall initiate research of comparable properties for
relocating the owner and /or tenant upon completion of the appraisal. The
appraisal will identify the building and land values used to be researched
in the identification of comparable properties.
3. Pending receipt of Daily Notice to Relocation, the relocation agent shall
make prompt contact with owners and /or tenants to be relocated and/or
their designated representative to initiate relocation activities.
4. ENGINEER shall provide assistance and coordination with the relocation
agent for processing all relocation documents and vouchers associated
with relocation activities for review and /or approval by OWNER.
Relocation documents and vouchers shall be separate from buying
documents and shall be processed and coordinated accordingly.
Fellows Street Right of Way Acquisition Services APPENDIX "A"
March 2013
Page 3 of 4
I. The ENGINEER shall provide the following Deliverables to the OWNER:
1. Final right of way parcel files for OWNER records.
2. Original recorded documents.
J. The ENGINEER shall attend such conferences with the OWNER and other
interested parties and /or agencies, as may be required, in connection with this
work.
K. 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, OWNER'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 the ENGINEER's control, shall require a change in work as
provided by Section VI - General Provisions, Paragraph 12 titled "Changes in
Work ".
Fellows Street Right of Way Acquisition Services APPENDIX "A"
March 2013
Page 4 of 4
APPENDIX "B"
INFORMATION AND SERVICES TO BE FURNISHED BY OWNER
A. OWNER shall do the following in a timely manner so as not to delay the services
of the ENGINEER:
1. Designate in writing a person to act as OWNER'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 OWNER's policies and decisions with
respect to the ENGINEER's services for the Project.
2. Provide all criteria and full information as to OWNER's requirements for
the Project, including design objectives and constraints, space, capacity
and performance requirements, flexibility and expandability, and any
budgetary limitations.
3. Furnish to ENGINEER, as required for performance of ENGINEER's Basic
Services (except to the extent provided otherwise in Appendix "A ") the
following:
a. Data (plans, legal descriptions, right -of -way parcel plats) prepared by
OWNER and/or others or services of others and appropriate
professional interpretations of such for materials necessary during the
negotiations process.
4. Arrange for access to and make all provisions for ENGINEER and /or
Subcontractors to enter upon public and private property as required to
perform services under this Agreement.
5. Examine all drawings and other documents presented by ENGINEER,
obtain advice of attorney, insurance counselor and other consultants as
OWNER deems appropriate for such examination and render in writing
decisions pertaining thereto within a reasonable time so as not to delay
the services of ENGINEER.
6. Furnish all legal services as may be required for the development of the
project including review and approval of conveyance documents by City
Attorney, legal counsel and services for condemnation proceedings, if
needed.
7. Provide written approval of completed work phases as described in
Appendix "A" of the Agreement. Accomplish reviews and provide written
approvals in a timely manner.
8. Furnish, or direct ENGINEER to provide, Additional Services as stipulated
in Appendix "E" of this Agreement or other services as required.
9. Stake right of way for each parcel.
Fellows Street Right of Way Acquisition Services APPENDIX "B"
March 2013
Page 1 of 2
10. OWNER shall provide direction to ENGINEER regarding acceptability of
Administrative Settlements and /or additional /revised terms of acquisition
as may arise during negotiations with property owners. Such decisions
regarding acceptability of counter offers, changes in terms of proposed
acquisition, acceptance of Administrative Settlements and/or initiation of
condemnation procedures shall rest solely with the OWNER and are not
the responsibility or under the authority of ENGINEER.
(The remainder of this page intentionally left blank)
Fellows Street Right of Way Acquisition Services APPENDIX "B"
March 2013
Page 2 of 2
APPENDIX "C"
�71CIZI1II1i;l
A. All work by the ENGINEER in Appendix "A" Fellows Street Right of Way Acquisition
Services under this Agreement for the project shall commence upon receipt of written
notice to proceed. The ENGINEER shall complete Right of Way Acquisition Services in
accordance with the following schedule:
1. The ENGINEER shall obtain title abstracting reports within 15 days of receipt of
written notice to proceed.
2. The ENGINEER shall obtain completed appraisal problem analysis reports, to be
prepared by a Subconsultant, for each parcel from which there is a proposed
taking, within 30 days of receipt of title abstracting reports and completed right of
way engineering documents to be provided by the OWNER.
3. The ENGINEER shall obtain completed appraisals, to be prepared by a
Subconsultant, for each parcel from which there is a proposed taking within 60
days of receipt of appraisal problem analysis reports.
4. The ENGINEER shall obtain completed appraisal reviews, to be prepared by a
Subconsultant, for each appraisal within 30 days of receipt of completed
appraisals.
5. The ENGINEER shall submit appraisal related documents and recommendation
of just compensation forms for OWNER review and authorization within 15 days
of receipt of completed appraisal reviews.
6. The ENGINEER shall submit preliminary offer and conveyance documents for
OWNER review and approval within 15 days of receipt by the ENGINEER of
OWNER authorized recommendations for just compensation.
7. The ENGINEER shall initiate property owner contact for negotiations within 15
days following receipt of OWNER approval of offer and conveyance documents.
8. The ENGINEER shall provide closing services for parcels with accepted offers
within 45 days of presentation of offers.
9. Negotiation, acquisition coordination, closing and recording services to be
completed for secured parcels within approximately 135 days following receipt by
the ENGINEER of OWNER approval of preliminary conveyance documents
unless the parcel proceeds to condemnation, offer is rejected by property
owner(s) or parcel requires revisions to proposed right of way to be acquired
and /or plan revisions.
10. Relocation services to be completed for secured parcels within approximately
120 days following initiation of relocation services to begin within approximately
15 days following commencement of property negotiations.
Fellows Street Right of Way Acquisition Services APPENDIX "C"
March 2013
Page 1 of 1
APPENDIX "D"
COMPENSATION
A. Amount of Payment
1. ENGINEER shall receive as payment for the work performed under this
Agreement the total fee not to exceed $135,990.00, unless a modification
of this agreement is approved in writing by OWNER.
2. ENGINEER will be paid for the work performed under Appendix "A" of this
Agreement on an Hourly Rate basis in accordance with the following
schedule, except as noted in the items below:
Fellows Street Right of Way Acquisition Services APPENDIX "D"
March 2013
Page 1 of 4
Right of Way Acquisition Services
Amount
a.
Right of Way Services' (based on 11 parcels):
$135,990.00
L Title Abstracting (11 parcels @ Est. $400.00 /parcel) _
$4,400.00 (Reimbursable /Subconsultant)
ii. Appraisal Problem Analysis (11 parcels @ Est. $250.00 /parcel)
_ $2,750.00 (Reimbursable /Subconsultant)
iii. Appraisals Services (7 parcels @ Est. $2,800 /parcel, 1 parcel
@ Est. $3,000 /parcel, 3 parcels @ Est. $4,500 /parcel) _
$36,100.00 (Reimbursable /Subconsultant)
iv. Review Appraisal Services (7 parcels @ Est. $1,400 /parcel, 1
parcel @ Est. $1,500 /parcel, 3 parcels @ Est. $2,250 /parcel) _
$18,050.00 (Reimbursable /Subconsultant)
v. Transfer Documents (11 parcels @ Est. $320.00)= $3,520.00
(Hourly Rate)
vi. Negotiation, Acquisition Coordination and Closing Services (11
parcels @ Est. $4,800 /parcel) _ $52,800.00 (Hourly Rate)
vii. Recording Services (11 parcels @ Est. $320.00 /parcel) _
$3,520.00 (Hourly Rate)
viii. Relocation Services (1 owner parcel and 1 tenant parcel @ Est.
$3,600.00 /parcel) _ $7,200.00 (Reimbursable /Subconsultant)
ix. Relocation Coordination (1 owner parcel and 1 tenant parcel @
Est. $2,000.00 /parcel) _ $4,000.00 (Hourly Rate)
x. Title Policy and Title Company Settlement Services (1 total
acquisition parcel @ Est. $2,000 /parcel) _ $2,000.00
( Reimbursable /Subconsultant)
A. Recording Fees (11 parcels @ Est. $150.00)= $1,650.00
Reimbursable Expense)
otal Not To Exceed Amount:
$135,990.00
Fellows Street Right of Way Acquisition Services APPENDIX "D"
March 2013
Page 1 of 4
Item A.2.a. will be invoiced on an hourly rate basis, as defined below,
and /or as reimbursable /Subconsultant Items. The amounts are estimated
only, and the final amount shall not exceed the contract amount, without
prior written approval from the OWNER, in accordance with Section VI,
paragraph 12 of this Agreement and/or a subsequent approved
amendment to the Agreement. If a Subconsultant is utilized, the
ENGINEER shall receive as payment the actual cost incurred by the
ENGINEER, along with an administrative fee in an amount not to exceed
20% of the amount of the invoice.
Toll telephone calls, printing and mailing fees will not be reimbursable
expenses and the costs thereof are included in the itemized costs as
shown herein in Appendix "D ", Section 2.
The ENGINEER shall not be paid for any services performed by the
OWNER or not required to develop this project.
3. For those services performed by the ENGINEER which are included in the
itemized costs, as shown herein in Appendix "D ", Section 2 as an "Hourly
Rate ", the ENGINEER will be paid on the basis of an Hourly Rate in
accordance with the Rate Schedule attached as Exhibit 2. The basis for
payment includes mean salaries and wages (basic and incentive) paid to
all ENGINEER'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.
4. The ENGINEER shall receive as payment from the OWNER for the
Additional Services rendered under Appendix "E" of this Agreement as
follows:
a. For Additional Services of ENGINEER'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 ENGINEER's fee
structure attached as Exhibit 2 to this Agreement and made an
integral part hereof.
b. For services and Reimbursable expenses of independent
professional associates and consultants employed by ENGINEER
Fellows Street Right of Way Acquisition Services APPENDIX "D"
March 2013
Page 2 of 4
to render Additional Services, the ENGINEER shall be reimbursed
for the invoiced amount of said services, and ENGINEER shall also
be paid an administrative fee in an amount not to exceed 200/6 of
the amount of the invoice.
C. For services rendered by ENGINEER'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 2 and used as a
basis for payment, mean salaries and wages (basic and incentive)
paid to all ENGINEER'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
ENGINEER or ENGINEER'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, facsimile (FAX) transmittals, toll telephone calls and
telegrams; reproduction of reports, drawings, specifications, bidding
documents, flow meter batteries, and similar project related items in
addition to those required under Appendix "A"; and, if authorized in
advance by the OWNER, overtime work requiring higher than
regular rates.
B. Method of Payment for Services
The ENGINEER 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 OWNER. The invoice voucher shall
represent the value, to the OWNER, of the partially completed work as of
the date of the invoice voucher and /or in accordance with hours performed
for Hourly Rate tasks. The ENGINEER shall attach thereto a summary of
each pay item in Section A.2 of this Appendix, percentage completed,
hours performed and prior payments.
Fellows Street Right of Way Acquisition Services APPENDIX "D"
March 2013
Page 3 of 4
2. The OWNER for and in consideration of the rendering of the additional
services provided in Appendix "E ", agrees to pay the ENGINEER for
rendering such services the payments established above upon completion
of the work thereunder and acceptance thereof by the OWNER.
3. If OWNER fails to make any payment due ENGINEER for services and
expenses within thirty (30) days after receipt of ENGINEER's statement
therefor, the amounts due ENGINEER shall be increased at the rate of 1%
per month from said thirtieth day, and in addition, ENGINEER may, after
giving seven (7) days' written notice to OWNER, suspend services under
this Agreement until ENGINEER has been paid in full all amounts due for
services, expenses and changes.
4. 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 12 of this
Agreement.
(The remainder of this sheet intentionally left blank)
Fellows Street Right of Way Acquisition Services APPENDIX `D"
March 2013
Page 4 of 4
APPENDIX "E"
ADDITIONAL SERVICES OF ENGINEER
A. If authorized in writing by the OWNER, ENGINEER 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 ENGINEER except to the extent
provided otherwise in Appendix "A ". These Additional Services include, but are not
limited to the following, and will be paid for by OWNER as indicated in Appendix "D ".
1. Providing renderings or models for OWNER's use.
2. Furnishing services of independent professional associates and consultants.
3. Services during out -of -town travel required of ENGINEER other than visits to the
site or OWNER's office.
4. Providing any type of property surveys and staking to enable contractor(s) to
proceed with their work; and providing other special field surveys.
5. Preparing to serve or serving as a consultant or witness for OWNER in any
litigation, arbitration or other legal or administrative proceeding involving the
project, if not the fault of the ENGINEER.
6. Additional Services in connection with the project, including services which are to
be furnished by OWNER in accordance with Appendix "B" and services not
otherwise provided for in this Agreement.
7. Services to make measured drawings of or to investigate the accuracy of
drawings or other information furnished by the OWNER.
8. Services resulting from significant changes in the general scope, extent or
character of the Project or its design. This could include changes in size or
complexity of the project, the OWNER's schedule, character of construction, and
method of financing.
9. In the event of condemnation, additional fees for court preparation, appearances
and testifying shall be negotiated.
10. Right of way or easement staking.
11. Providing updated or revised appraisal services documents (appraisal problem
analysis, appraisals, appraisal review documents and recommendation of just
compensation forms) due to changes in market value resulting from project
delays and/or project revisions.
Fellows Street Right of Way Acquisition Services
Page 1 of 1
APPENDIX "E"
March 2013
Exhibit I
Identification of Parcels
Exhibit 2
DLZ INDIANA, LLC
STANDARD FEE STRUCTURE
ENGINEERING /ARC HITECTURA L
2013
AcdY4 Code
Em /o ee Cksuflcadon
2013 Houdty Rate
1
Principal
$220.00
49
Division Manager
$185.00
50
Department Mana er
$160.00
55
Registered Land Surveyor
$130.00
21
Project Manager
$140,00
214
Surveyor V
$140.00
330
Electrical Engineering Specialist
$150.00
555/565
Engineer V /Architect V/Landscape Architect V/
Planner V /Scientist V /Geologist V
$145.00
554/564
Engineer TV/Architect IV/Landscape Architect TV/
Planner IV /Scientist IV/Geologist IV
$135.00
53/58
Engineer III /Architect III/Landscape Architect III/
Planner III /Scientist III/Geologist 111
$125.00
52/57
Engineer II /Architect II/Landscape Architect II/
Planner U /Scientist II/Geologist 11
$115.00
51/56
Engineer ]/Architect I/Landscape Architect I/
Planner I /Scientist I /Geolo ist I
$90.00
28
Designer I
$85.00
472
Designer IT
$100.00
473
Designer 111
$110.00
29
Technician
565.00
147
Construction Administrator
$110.00
152
Construction Observer
$90.00
43
Clerical
$60.00
Reimbursable Er enses
Crew Ctassi ation
2013HogrtyRate
143/99/99
3 — person Survey Crew
$200.00
142/99
142/99
Topographic Survey Crew (straight time)
Topographic Survey Crew (over time)
$145.00
$220.00
63
1 — person Field Crew
$110.00
63
1 — person Field Crew (over time)
$150.00
GPS
l — erson GPS/RTK Field Crew
$160.00
13
Field Slave Technician
$65.00
Reimbursable Er enses
Rate
Mileage
$0.565 /mile
Travel Expenses
@ Cost
Living Expenses
@ Cost
Reproduction
Cost plus 20%
Subconsultants
Cost plus 20%
Equipment Rental
Cost plus 20%
Rates are subjen to revision on January 1, 2014.
Cost of Iivingfinflation increases of 3 to 7% per annum can be anticipated.
S-:�DeptW. dministtatimNClerical\RATES,2012 Hourly Rates Updated 1 -21 -I Mac