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Home My WebLink AboutLPA Consulting Contract - Coal Line Trail – Lochmueller Group, Inc.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 November 28, 2023 Ms. Jessica Clark, PE Lochmueller Group, Inc. 112 West Jefferson Blvd, Suite 500 South Bend, Indiana 46601 Jclark&lochgroup. com RE: LPA Consulting Contract Dear Ms. Clark: At its November 28, 2023 meeting, the Board of Public Works approved the above referenced contract for design services for the Coal Line Trail, Phase III, DES #2201235 in the amount of $349,710 total cost: eligible for 80% reimbursement from INDOT. Enclosed please find a copy of the contract 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MIcou INDIANA DEPARTMENT OF TRANSPORTATION � F r✓� � O �? OF TV- LPA — Consultant Contract Review Checklist Version 8/3/18 —LPA Local Public Agency: CITY OF SOUTH BEND Des. No.: 2201235 Project Description: PE SERVICES FOR COAL LINE TRAIL PHASE 3 Consultant Name: LOCHMUELLER GROUP 1. Review the contract document: a. ® Verify that the draft contract is consistent with the latest INDOT boilerplate. b. ® Verify that the contract description, Des. number and scope of work is within the parameters described in the RFP advertisement and in SPMS. c. ® Verify that the maximum compensation amount shown on page one matches the amount shown in Appendix D. d. ® Verify that Section 23 of the draft contract includes proper addresses for the LPA and for the consultant. e. ® Verify that the signature page contains the names and titles for either the Board of County Commissioners, City Board of Public Works and Safety or the Town Board, as appropriate. ❑ Verify Appendix "C" of construction inspection contracts indicates the Final Construction Records is to be submitted within 45 days of the contractors last day of work. ® Verify the Appendix "D" compensation method is appropriate for the scope of work. a. Construction inspection services should be paid for on a negotiated hourly billing rate basis. b. Other types of services may be paid for on a lump sum basis, cost plus fixed fee basis, unit price basis or negotiated billing rate basis. c. Cost plus percent of cost compensation is not allowed on any consultant contracts. d. See the INDOT Professional Services Contract Administration Manual for more information on the compensation methods. The manual is available at: http://www.in.gov/indot/files/Professional_ Services_ Contract Administration Manual.pdf 4. ® Verify the consultant has provided a copy of the lead consultant's prequalification letter showing their approved overhead rate. Page 1 of 2 5. Verify the consultant has provided a fee proposal and the fee proposal includes the following: a. ® Itemization of task elements with estimated hours by employee classification. b. ® Cost calculations show the overhead rate and profit rate has been applied. 6. Analyze the Consultant Fee Proposal. a. ® Confirm the task elements are relevant to the scope of work. b. ® Confirm the proposal does not exceed the Escalation Values for INDOT Consultant Contracts. INDOT uses the Bureau of Labor and Statistics Employment Cost Index (ECI) to determine appropriate escalation values. INDOT's guidelines are available under the Contract Compensation Information section at: http://www.in.gov/indot/2730.htin. c. ® Confirm the overhead rate used in the fee proposal is consistent with or lower than the rate shown in the consultant's prequalification letter. d. ® Confirm, to the extent possible, major task element and overall cost totals are not excessive. 7. If the contract is for Construction Inspection, is an Engineer's Assignment letter attached? a. ® Not Applicable b. ❑ Engineer's Assignment is attached. ERC Signature: Printed Name: Date: Page 2 of 2 Version 6-8-2017 LPA - CONSULTING CONTRACT This Contract ("this Contract") is made and entered into effective as of 11/28 , 2023 ("Effective Date") by and between the City of South Bend, acting by and through its proper officials ("LOCAL PUBLIC AGENCY" or "LPA"), and Lochmueller Group, Inc. ("the CONSULTANT"), a corporation/limited liability company organized under the laws of the State of Indiana. Des. No.: 2201235 Project Description: Coal Line Trail, Phase 3, Engineering services and design of a multi -use path and urban design features. 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 October 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 $349,710.00. 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. CITY OF SOUTH BEND PAGE 1 OF 17 123-3013-OOH Version 6-8-2017 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. 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: 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 CITY OF SOUTH BEND PAGE 2 OF 17 123-3013-OOH Version 6-8-2017 entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. ii. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. B. The CONSULTANT also agrees by signing this Contract that it shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000, and that all such sub -recipients shall certify and disclose accordingly. Any person who fails to sign or file this required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure. 6. Changes in Work. The CONSULTANT shall not commence any additional work or change the scope of the work until authorized in writing by the LPA. The CONSULTANT shall make no claim for additional compensation or time in the absence of a prior written approval and amendment executed by all signatories hereto. This Contract may be amended, supplemented, or modified only by a written document executed in the same manner as this Contract. The CONSULTANT acknowledges that no claim for additional compensation or time may be made by implication, oral agreements, actions, inaction, or course of conduct. 7. Compliance with Laws A. The CONSULTANT shall comply with all applicable federal, state, and local laws, rules, regulations and ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference. If the CONSULTANT violates such rules, laws, regulations and ordinances, the CONSULTANT shall assume full responsibility for such violations and shall bear any and all costs attributable to the original performance of any correction of such acts. The enactment of any state or federal statute, or the promulgation of regulations thereunder, after execution of this Contract, shall be reviewed by the LPA and the CONSULTANT to determine whether formal modifications are required to the provisions of this Contract. B. The CONSULTANT represents to the LPA that, to the best of the CONSULTANT'S knowledge and belief after diligent inquiry and other than as disclosed in writing to the LPA prior to or contemporaneously with the execution and delivery of this Contract by the CONSULTANT: 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. CITY OF SOUTH BEND PAGE 3 OF 17 123-3013-OOH Version 6-8-2017 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: 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 7.1) 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. CITY OF SOUTH BEND PAGE 4 OF 17 123-3013-OOH Version 6-8-2017 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 CITY OF SOUTH BEND PAGE 5 OF 17 123-3013-OOH Version 6-8-2017 Economic Opportunity Division Director. The DBE-3 Form requires certification by the CONSULTANT AND DBE SUB -CONSULTANT that the committed contract amounts have been paid and received. 12. Non -Discrimination A. Pursuant to I.C. 22-9-1-10, the Civil Rights Act of 1964, and the Americans with Disabilities Act, the CONSULTANT shall not discriminate against any employee or applicant for employment, to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, disability, national origin, ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color, national origin, age, sex, disability, or status as a veteran. B The CONSULTANT understands that the LPA is a recipient of federal funds. Pursuant to that understanding, the CONSULTANT agrees that if the CONSULTANT employs fifty (50) or more employees and does at least $50,000.00 worth of business with the State and is not exempt, the CONSULTANT will comply with the affirmative action reporting requirements of 41 CFR 60- 1.7. The CONSULTANT shall comply with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational Rehabilitation Act and related statutes and regulations in all programs and activities. Title VI and related statutes require that no person in the United States shall on the grounds of race, color or national origin be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. (INDOT's Title VI enforcement shall include the following additional grounds: sex, ancestry, age, income status, religion and disability.) C. The CONSULTANT shall not discriminate in its selection and retention of contractors, including without limitation, those services retained for, or incidental to, construction, planning, research, engineering, property management, and fee contracts and other commitments with persons for services and expenses incidental to the acquisitions of right-of-way. D. The CONSULTANT shall not modify the Project in such a manner as to require, on the basis of race, color or national origin, the relocation of any persons. (INDOT's Title VI enforcement will include the following additional grounds: sex, ancestry, age, income status, religion and disability). E. The CONSULTANT shall not modify the Project in such a manner as to deny reasonable access to and use thereof to any persons on the basis of race, color or national origin. (INDOT's Title VI enforcement will include the following additional grounds; sex, ancestry, age, income status, religion and disability.) F. The CONSULTANT shall neither allow discrimination by contractors in their selection and retention of subcontractors, leasors and/or material suppliers, nor allow discrimination by their subcontractors in their selection of subcontractors, leasors or material suppliers, who participate in construction, right-of-way clearance and related projects. CITY OF SOUTH BEND PAGE 6 OF 17 123-3013-OOH Version 6-8-2017 G. The CONSULTANT shall take appropriate actions to correct any deficiency determined by itself and/or the Federal Highway Administration ("FHWA") within a reasonable time period, not to exceed ninety (90) days, in order to implement Title VI compliance in accordance with INDOT's assurances and guidelines. H. During the performance of this Contract, the CONSULTANT, for itself, its assignees, and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: (1) Compliance with Regulations: The CONSULTANT shall comply with the Regulation relative to nondiscrimination in Federally assisted programs of the Department of Transportation (hereinafter, "DOT") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. (2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for SUBCONSULTANTS, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential SUBCONSULTANT or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this Contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the LPA or INDOT to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information the CONSULTANT shall so certify to the LPA, or INDOT as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this contract, the LPA shall impose such contract sanctions as it or INDOT may determine to be appropriate, including, but not limited to: (a) withholding of payments to the CONSULTANT under the Contract until the CONSULTANT complies, and/or (b) cancellation, termination, or suspension of the Contract, in whole or in part. (6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. CITY OF SOUTH BEND PAGE 7 OF 17 123-3013-OOH Version 6-8-2017 The CONSULTANT shall take such action with respect to any SUBCONSULTANT procurement as the LPA or INDOT may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a SUBCONSULTANT or supplier as a result of such direction, the CONSULTANT may request the LPA to enter into such litigation to protect the interests of the LPA, and, in addition, the CONSULTANT may request the United States to enter into such litigation to protect the interests of the United States. 13. Disputes A. Should any disputes arise with respect to this Contract, the CONSULTANT and the LPA agree to act promptly and in good faith to resolve such disputes in accordance with this Section 13. Time is of the essence in the resolution of disputes. B. The CONSULTANT agrees that the existence of a dispute notwithstanding, it will continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the CONSULTANT fail to continue to perform its responsibilities regarding all non -disputed work, without delay, any additional costs (including reasonable attorneys' fees and expenses) incurred by the LPA or the CONSULTANT as a result of such failure to proceed shall be borne by the CONSULTANT. C. If a party to this Contract is not satisfied with the progress toward resolving a dispute, the party must notify the other parry 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: 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. CITY OF SOUTH BEND PAGE 8 OF 17 123-3013-OOH Version 6-8-2017 iii. Notifying all employees in the statement required by subparagraph 14.B.i above that as a condition of continued employment, the employee will (1) abide by the terms of the statement; and (2) notify the CONSULTANT of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction. iv. Notifying in writing the LPA within ten (10) days after receiving notice from an employee under subdivision 14.B.iii(2) above, or otherwise receiving actual notice of such conviction; V. Within thirty (30) days after receiving notice under subdivision 14.B.iii(2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency; and vi. Making a good faith effort to maintain a drug -free workplace through the implementation of subparagraphs 14.B.i. through 14.B.v. above. 15. Employment Eligibility Verification. The CONSULTANT affirms under the penalties of perjury that he/she/it does not knowingly employ an unauthorized alien. The CONSULTANT shall enroll in and verify the work eligibility status of all his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The CONSULTANT is not required to participate should the E-Verify program cease to exist. Additionally, the CONSULTANT is not required to participate if the CONSULTANT is self-employed and does not employ any employees. The CONSULTANT shall not knowingly employ or contract with an unauthorized alien. The CONSULTANT shall not retain an employee or contract with a person that the CONSULTANT subsequently learns is an unauthorized alien. The CONSULTANT shall require his/her/its subcontractors, who perform work under this Contract, to certify to the CONSULTANT that the SUB -CONSULTANT does not knowingly employ or contract with an unauthorized alien and that the SUB -CONSULTANT has enrolled and is participating in the E-Verify program. The CONSULTANT agrees to maintain this certification throughout the duration of the term of a contract with a SUB -CONSULTANT. The LPA may terminate for default if the CONSULTANT fails to cure a breach of this provision no later than thirty (30) days after being notified by the LPA. 16. Force Majeure. In the event that either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of fire, natural disaster, acts of God, acts of war, terrorism, civil disorders, decrees of governmental bodies, strikes, lockouts, labor or supply disruptions or similar causes beyond the reasonable control of the affected party (hereinafter referred to as a Force Majeure Event), the party who has been so affected shall immediately give written notice to the other party of the occurrence of the Force Majeure Event (with a description in reasonable detail of the circumstances causing such Event) and shall do everything reasonably possible to resume performance. Upon receipt of such written notice, all obligations under this Contract shall be immediately suspended for as long as such Force Majeure Event continues and provided that the affected party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. If the period of nonperformance exceeds thirty (30) days from the receipt of written notice of the Force Majeure Event, the party whose ability to perform has not been so affected may, by giving written notice, terminate this Contract. CITY OF SOUTH BEND PAGE 9 OF 17 123-3013-OOH Version 6-8-2017 17. Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and the suit, if any, must be brought in the State of Indiana. The CONSULTANT consents to the jurisdiction of and to venue in any court of competent jurisdiction in the State of Indiana. 18. Liability. If the CONSULTANT or any of its SUB -CONSULTANTS fail to comply with any federal requirement which results in the LPA's repayment of federal funds to INDOT the CONSULTANT shall be responsible to the LPA, for repayment of such costs to the extent such costs are caused by the CONSULTANT and/or its SUB -CONSULTANTS. 19. Indemnification. The CONSULTANT agrees to indemnify the LPA, and their agents, officials, and employees, and to hold each of them harmless, from claims and suits including court costs, attorney's fees, and other expenses caused by any negligent act, error or omission of, or by any recklessness or willful misconduct by, the CONSULTANT and/or its SUB -CONSULTANTS, if any, under this Contract, provided that if the CONSULTANT is a "contractor" within the meaning of I.C. 8-3-2-12.5, this indemnity obligation shall be limited by and interpreted in accordance with I.C. 8-23-2-12-5. The LPA shall not provide such indemnification to the CONSULTANT. 20. Independent Contractor. Both parties hereto, in the performance of this Contract, shall act in an individual capacity and not as agents, employees, partners, joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. Neither party will assume liability for any injury (including death) to any persons, or damage to any property, arising out of the acts or omissions of the agents or employees of the other party. The CONSULTANT shall be responsible for providing all necessary unemployment and workers' compensation insurance for its employees. 21. Insurance - Liability for Damages A. The CONSULTANT shall be responsible for the accuracy of the Services performed under this Contract and shall promptly make necessary revisions or corrections resulting from its negligence, errors, or omissions without any additional compensation from the LPA. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction of its negligent act, error, or omission or for clarification of ambiguities. The CONSULTANT shall have no liability for the errors or deficiencies in designs, drawings, specifications or other services furnished to the CONSULTANT by the LPA on which the Consultant has reasonably relied, provided that the foregoing shall not relieve the CONSULTANT from any liability from the CONSULTANT'S failure to fulfill its obligations under this Contract, to exercise its professional responsibilities to the LPA, or to notify the LPA of any errors or deficiencies which the CONSULTANT knew or should have known existed. B. During construction or any phase of work performed by others based on Services provided by the CONSULTANT, the CONSULTANT shall confer with the LPA when necessary for the purpose of interpreting the information, and/or to correct any negligent act, error, or omission. The CONSULTANT shall prepare any plans or data needed to correct the negligent act, error or omission without additional compensation, even though final payment may have been received by the CONSULTANT. The CONSULTANT shall give immediate attention to these changes for a minimum of delay to the project. C. The CONSULTANT shall be responsible for damages including but not limited to direct and indirect damages incurred by the LPA as a result of any negligent act, error or omission of the CONSULTANT, and for the LPA's losses or costs to repair or remedy construction. Acceptance of the Services by the LPA shall not relieve the CONSULTANT of responsibility for subsequent correction. CITY OF SOUTH BEND PAGE 10 OF 17 123-3013-OOH Version 6-8-2017 D. The CONSULTANT shall be required to maintain in full force and effect, insurance as described below from the date of the first authorization to proceed until the LPA's acceptance of the work product. The CONSULTANT shall list both the LPA and INDOT as insureds on any policies. The CONSULTANT must obtain insurance written by insurance companies authorized to transact business in the State of Indiana and licensed by the Department of Insurance as either admitted or non -admitted insurers. E. The LPA, its officers and employees assume no responsibility for the adequacy of limits and coverage in the event of any claims against the CONSULTANT, its officers, employees, sub - consultants, or any agent of any of them, and the obligations of indemnification in Section 19 herein shall survive the exhaustion of limits of coverage and discontinuance of coverage beyond the term specified, to the fullest extent of the law. F. The CONSULTANT shall furnish a certificate of insurance and all endorsements to the LPA prior to the commencement of this Contract. Any deductible or self -insured retention amount or other similar obligation under the insurance policies shall be the sole obligation of the CONSULTANT. Failure to provide insurance as required in this Contract is a material breach of Contract entitling the LPA to immediately terminate this Contract. I. Professional Liability Insurance The CONSULTANT must obtain and carry professional liability insurance as follows: For INDOT Prequalification Work Types 1.1, 12.2-12.6 the CONSULTANTS shall provide not less than $250,000.00 professional liability insurance per claim and $250.000.00 aggregate for all claims for negligent performance. For Work Types 2.2, 3.1, 3.2, 4.1, 4.2, 5.5, 5.8, 5.11, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1-10.4, 11.1, 13.1, 14.1- 14.5, the CONSULTANTS shall carry professional liability insurance in an amount not less than $1,000,000.00 per claim and $1,000,000.00 aggregate for all claims for negligent performance. The CONSULTANT shall maintain the coverage for a period ending two (2) years after substantial completion of construction. II. Commercial General Liability Insurance The CONSULTANT must obtain and carry Commercial / General liability insurance as follows: For INDOT Prequalification Work Types 2.1, 6.1, 7.1, 8.1, 8.2, 9.1, 9.2, 10.1 - 10.4, 11.1, 13.1, 14.1 - 14.5, the CONSULTANT shall carry $1,000,000.00 per occurrence, $2,000,000.00 general aggregate. Coverage shall be on an occurrence form and include contractual liability. The policy shall be amended to include the following extensions of coverage: Exclusions relating to the use of explosives, collapse, and underground damage to property shall be removed. The policy shall provide thirty (30) days notice of cancellation to LPA. 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: CITY OF SOUTH BEND PAGE 11 OF 17 123-3013-OOH Version 6-8-2017 1. Contractual Liability coverage shall be included. 2. The policy shall provide thirty (30) days notice of cancellation to the LPA. 3. The CONSULTANT shall name the LPA as an additional insured. IV. Watercraft Liability (When Applicable) 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. 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 The policy shall provide thirty (30) days notice of cancellation to the LPA. The CONSULTANT or SUB -CONSULTANT shall name the LPA as an additional insured. V. Aircraft Liability (When Applicable) 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. The policy shall provide thirty (30) days notice of cancellation to the LPA. 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: CITY OF SOUTH BEND PAGE 12 OF 17 123-3013-OOH Version 6-8-2017 Notices to the LPA shall be sent to: City of South Bend -Division of Engineering 227 W. Jefferson Boulevard, Suite 1316 South Bend, Indiana 46601 Notices to the CONSULTANT shall be sent to: Lochmueller Group, Inc. 6200 Vogel Road Evansville, Indiana 47715 or to such other address or addresses as shall be furnished in writing by any party to the other parry. Unless the sending party has actual knowledge that a Notice was not received by the intended recipient, a Notice shall be deemed to have been given as of the date (i) when personally delivered; (ii) three (3) days after the date deposited with the United States mail properly addressed; or (iii) the next day when delivered during business hours to overnight delivery service, properly addressed and prior to such delivery service's cut off time for next day delivery. The parties acknowledge that notices delivered by facsimile or by email shall not be effective. 24. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Contract shall be resolved by giving precedence in the following order: (1) This Contract and attachments, (2) RFP document, (3) the CONSULTANT's response to the RFP document, and (4) attachments prepared by the CONSULTANT. All of the foregoing are incorporated fully by reference. 25. Ownership of Documents and Materials. All documents, records, programs, data, film, tape, articles, memoranda, and other materials not developed or licensed by the CONSULTANT prior to execution of this Contract, but specifically developed under this Contract shall be considered "work for hire" and the CONSULTANT assigns and transfers any ownership claim to the LPA and all such materials ("Work Product) will be the property of the LPA. The CONSULTANT agrees to execute and deliver such assignments or other documents as may be requested by the LPA. Use of these materials, other than related to contract performance by the CONSULTANT, without the LPA's prior written consent, is prohibited. During the performance of this Contract, the CONSULTANT shall be responsible for any loss of or damage to any of the Work Product developed for or supplied by INDOT and used to develop or assist in the Services provided herein while any such Work Product is in the possession or control of the CONSULTANT. Any loss or damage thereto shall be restored at the CONSULTANT's expense. The CONSULTANT shall provide the LPA full, immediate, and unrestricted access to the Work Product during the term of this Contract. The CONSULTANT represents to the best of its knowledge and belief after diligent inquiry and other than as disclosed in writing prior to or contemporaneously with the execution of this Contract by the CONSULTANT, that the Work Product does not infringe upon or misappropriate the intellectual property or other rights of any third party. The CONSULTANT shall not be liable for the use of its deliverables described in Appendix "A" on other projects without the express written consent of the CONSULTANT or as provided in Appendix "A". The LPA acknowledges that it has no claims to any copyrights not transferred to INDOT under this paragraph. 26. Payments. All payments shall be made in arrears and in conformance with the LPA's fiscal policies and procedures. 27. Penalties, Interest and Attorney's Fees. The LPA will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees, except as required by Indiana law in part, JC 5-17-5, I. C. 34-54-8, and I. C. 34-13-1. CITY OF SOUTH BEND PAGE 13 OF 17 123-3013-OOH Version 6-8-2017 28. Pollution Control Requirements. If this Contract is for $100,000 or more, the CONSULTANT: 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 affected by delivery to the CONSULTANT of a Termination Notice at least fifteen (15) days prior to the termination effective date, specifying the extent to which performance of Services under such termination becomes effective. The CONSULTANT shall be compensated for Services properly rendered prior to the effective date of termination. The LPA will not be liable for Services performed after the effective date of termination. B. If the LPA terminates or partially terminates this Contract for any reason regardless of whether it is for convenience or for default, then and in such event, all data, reports, drawings, plans, sketches, sections and models, all specifications, estimates, measurements, and data pertaining to the project, prepared under the terms or in fulfillment of this Contract, shall be delivered within ten (10) days to the LPA. In the event of the failure by the CONSULTANT to make such delivery upon demand, the CONSULTANT shall pay to the LPA any damage (including costs and reasonable attorneys' fees and expenses) it may sustain by reason thereof. CITY OF SOUTH BEND PAGE 14 OF 17 123-3013-OOH Version 6-8-2017 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: 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. Deliver the supplies or perform the Services within the time specified in this Contract or any amendment or extension. Make progress so as to endanger performance of this Contract; or 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. 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 CITY OF SOUTH BEND PAGE 15 OF 17 123-3013-OOH Version 6-8-2017 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] CITY OF SOUTH BEND PAGE 16 OF 17 123-3013-OOH Version 6-8-2017 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. LOCHMUELLER GROUP, INC. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Jessica J. Clark, PE taA�4 7Tt Regional Leader — Northern Indiana Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana�Miicou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: November 28, 2023 CITY OF SOUTH BEND PAGE 17 OF 17 123-3013-OOH APPENDIX "A" SERVICES TO BE FURNISHED BY CONSULTANT In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. The CONSULTANT shall be responsible for performing the following activities: 1.0 TOPOGRAPHIC SURVEY DATA COLLECTION Perform topographic survey data collection in accordance with Indiana Code IC 25-21.5, Indiana Administrative Code 8654 IAC 1-12 and typical survey procedures. The areas to be surveyed are shown on Exhibit 2, attached hereto and incorporated by reference, as follows: • Between apparent right-of-way, existing conditions survey of the road corridors within the magenta boundary, inclusive from the south to north along College Street, including any steps, retaining walls, fences, etc. at the limits of the Right of Way. • Existing Storm Drainage System & Sanitary Lines — Observed and identifiable existing manholes (Inverts and pipe sizes) along storm and sanitary sewer systems within the survey limits will be detailed, if accessible. • Location of all observed utility lines, appurtenances, and overhead utility lines with connected utility poles. 1.1 Research affected property owners along the corridor, obtain mailing addresses and mail survey notices. 1.2 Submit utility locates to Indiana Underground Plant Protection Services (811) for underground utility marking. Locate observed evidence of underground utility as marked on the ground by locate service providers along with other visible above ground and overhead utility features. 1.3 Set semi -permanent site horizontal control points within the project limits at convenient intervals and witness them to existing features for use in future recovery. 1.4 Perform a level circuit along the project corridor, setting a minimum of three (3) temporary benchmarks (TBMs) at a minimum of every 1000 feet. 1.5 Establish vertical control network datum based on the North American Vertical Datum of 1988 (NAVD88) as observed using the Indiana Continuously Operating Reference System (INCORS) network or existing nearby benchmarks. 1.6 Establish horizontal control network using the Indiana State Plane -West Zone or InGCS (St. Joseph), as observed using global navigational satellite surveying equipment operating within the INCORS. PAGE 1 OF 11 APPENDIX "A" 1.7 Collect location, invert elevation, size, and material (if observable) of existing culverts and headwalls along the project corridor. 1.8 Collect data within the existing right-of-way for approximately 3000 lineal feet inclusive of surface elevations, ditch centerlines, tops and bottoms of slopes and relative changes in grade within the project limits to accurately depict the existing site features and site contours in a CAD drawing and digital terrain model. 2.0 DESIGN AND PLANS 2.1 Prepare plans, specifications, opinions of probable construction costs and other required submittal documentation for the project at each submittal stage, in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans or reports are submitted: • INDOT's Standard Specifications, Design Memoranda and Indiana Design Manual except as modified by supplemental specifications and special provisions, if any • INDOT Standard Drawings • American Association of State Highway and Transportation Officials (AASHTO) "A Policy on Geometric Design of Highways and Streets" • American Association of State Highway and Transportation Officials (AASHTO) "AASHTO Guide for the Development of Bicycle Facilities" • AASHTO Roadside Design Guide, latest edition • Indiana Manual on Uniform Traffic Control Devices (IMUTCD) 2.2 Prepare necessary information and submit plans at each development stage in accordance with the "INDOT LPA Guidance Document for Local Federal -Aid Projects" and the Indiana Design Manual. Submissions shall include a digital copy containing the submittal documents in PDF format along with one 24" x 36" paper copy set of plans. 2.2.1 Plan Submittals to LPA are as follows: • Stage 1 Plans • Preliminary Field Check Plans • Stage 3 Plans 2.2.2 Plan submittals by ERMS are as follows: • Final Tracings 3.0 URBAN TRAIL DESIGN AND PLANS The Multi -Use Path will generally consist of a 10 to 12-foot wide concrete path with 2- foot wide earth shoulders on each side. 3.1 Evaluate, during the development of Stage 1 Plans, opportunities and constraints affecting the potential alignment and width of the path for review with the LPA. Provide information to LPA regarding impacts of the different variations regarding potential safety issues, drainage, maintenance of traffic impacts and cost. PAGE 2 OF I I APPENDIX "A" 3.2 Prepare detailed drainage design for the project, based upon the typical section that is selected. It is anticipated that drainage from the path will be directed to existing drainage in the roadway. 3.3 Prepare a Maintenance of Traffic plan for the project in accordance with the IMUTCD. 3.4 Prepare details of non-standard roadway items to be included on detail sheets with the project plans. 3.5 Determine the need for Level 1 Design exceptions that will be required during the project development. If required, necessary documentation to request a formal Level I Design Exception will be completed by the CONSULTANT as part of the project. 3.6 Provide the following urban design elements: • Pavers, site furniture, landscape spaces, lighting and signage • Wayfinding signage programming and documentation 3.7 Submit required documentation for the Final Tracing Submission to INDOT, with a copy to LPA. 4.0 DECORATIVE LIGHTING DESIGN Prepare decorative lighting design services related to the implementation of new decorative street lighting equipment along the proposed Coal Line Trail (Phase 3) in South Bend, Indiana. The proposed trail is assumed to be implemented along the west side of College Street, between Linden Avenue and US Route 20 (Lincoln Way West). The proposed trail is to continue along the south side of US Route 20, between College Street and Wilber Street. The new decorative street lighting will be generally pedestrian scale and intended to supplement (not replace) the existing street lighting facilities along College Street and US Route 20 within the project limits. The existing street light luminaire arms currently attached to existing power poles will not be removed as a part of this project. 4.1 Coordinate with LPA staff to verify project goals, aesthetic lighting preferences, and overall performance requirements for the proposed lighting facilities. 4.2 Review existing topography survey base sheets. 4.3 Develop a lighting model utilizing Acuity Visual software to determine appropriate light pole locations, meeting average and average: minimum illumination thresholds. The INDOT design manual and Illuminating Engineering Society (IES) guidance will be utilized for reference relative to these thresholds for a trail adjacent to a city street. 4.4 Prepare a Preliminary Field Check lighting plan submittal that reflects the locations of existing lighting infrastructure and installation of new lighting infrastructure within the decorative lighting design project limits and submit to the LPA for review and comment. The Preliminary Field Check plans submittal include the following: • Lighting Index and General Note Sheet PAGE 3 OF I I APPENDIX "A" • General plan sheet related elements including plan views; location of existing utilities, service points, and lighting equipment; Right -of -Way information; proposed conduit/wire type and locations; and all proposed lighting elements. • Provide preliminary project opinion of probable costs related to the proposed lighting improvements. 4.5 Participate in a Preliminary Field Check meeting with LPA and other project stakeholders to verify placements of proposed equipment, as well as adequacy of, or necessary modifications to, the existing service points. 4.6 Revise the Preliminary Field Check plans based on initial review comments received from LPA, and/or changes recommended based on project site visit, and then submit as Final/Stage 3 lighting design plans to LPA for approval. Final/Stage 3 plans would include the following: • Design data details including initial lamp lumens; average maintained illumination; depreciation factors; uniformity ratios; mounting heights; and luminaire classifications. • Development of iso-illuminance or point illuminance exhibits that depict the proposed light levels meet average and avg/min requirements. • The Final/Stage 3 plans will assume the removal of all existing street lighting equipment along the project corridor. • The Final/Stage 3 plans will assume the implementation of new foundations, light poles, LED fixtures, T-bases, conduit, cable duct, and handholes. • The Final/Stage 3 plans will assume INDOT standard foundation and structure designs will be used for all new lighting elements. Provide limited structural analysis to ensure standard INDOT foundations will suffice with the proposed decorative lighting poles. • Completion of wire size and breaker size calculations to each circuit. • Voltage drop calculations • Quantity calculations for each pay item • Final specifications, unique special provisions, and cost estimates relative to the proposed lighting improvements. 4.7 Revise the Final/Stage 3 lighting plans per comments received from LPA and develop construction plans as part of the Final Tracing submittal. 5.0 TRAFFIC SIGNAL DESIGN Perform engineering design services related to modifications of the pedestrian signal infrastructure at the intersection of US Route 20 (Lincoln Way West) and Wilber Street, as a result of the implementation of a new Phase 3 Coal Line Trail. 5.1 Coordinate with LPA staff to verify project goals, equipment preferences, and overall performance requirements for the proposed traffic signal modernization at the project intersection. PAGE 4 OF I I APPENDIX "A" 5.2 Prepare pedestrian signal modifications at the project intersection including the following: • Implementation of new pedestrian signal heads, APS push buttons, and signal posts within intersection quadrants, to accommodate the proposed sidewalk and curb ramp modifications required due to the implementation of the Phase 3 Coal Line Trail. • Modification to the existing traffic signal cabinet and controller to accommodate the proposed APS devices. • Miscellaneous conduit, wiring, and signs necessary to complete the intersection improvements. 5.3 Review existing topography survey base sheets. 5.4 Prepare a Preliminary Field Check traffic signal plan submittal that reflects the locations of existing traffic signal infrastructure and installation of new traffic signal infrastructure at the project intersection and submit to LPA for review and comment. The Preliminary Field Check plans submittal would include the following: • General plan sheet related elements including plan views; locations of existing utilities, service point, traffic signal equipment and Right -of -Way information. • General notes and equipment legend. • Proposed geometric improvements to the roadway and pedestrian related facilities (sidewalks and curb ramps) at the project intersection. • Conceptual layout of all proposed pedestrian heads, APS push buttons, signal posts, conduits, handholes (if necessary), pavement markings, and pertinent signage. • Number of wires in each cable run. • Phasing diagram • Applicable legend • Provide preliminary project opinion of probable costs related to the proposed traffic signal improvements. 5.5 Participate in a Preliminary Field Check meeting with LPA and other project stakeholders to verify placements of proposed equipment, as well as adequacy of, or necessary modifications to, the existing service points and any other traffic signal related infrastructure (e.g., cabinet, controllers, signal poles, etc.). 5.6 Revise the Preliminary Field Check plans based on any initial review comments received from the City, and then submit as Final/Stage 3 traffic signal design plans to LPA for approval and bidding. Final/Stage 3 plans would include the following: • Details to clarify desired design elements, if any • Approach names with posted speed identified • Loop Tagging Table • Quantity calculations for each pay item PAGE 5 OF 11 APPENDIX "A" • Final specifications, unique special provisions, and cost estimates relative to the proposed traffic signal improvements 5.7 Revise the Final/Stage 3 traffic signal plans per comments received from LPA, and develop construction plans as part of the Final Tracing submittal. 6.0 PROJECT MANAGEMENT 6.1 Attend the project scoping meeting with INDOT and LPA. 6.2 Prepare and review of INDOT quarterly reports. 6.3 Attend quarterly review meetings with LPA as requested. 6.4 Preparing monthly project status reports. 6.5 Perform general project coordination with LPA and INDOT personnel and other project stakeholders and overall management of the consultant design team for up to (24) months. 7.0 ENVIRONMENTAL DOCUMENTATION Perform the following tasks for environmental clearance. 7.1 Task Organization/Coordination — Manage and coordinate activities associated with the preparation of the required environmental work. 7.2 Client I Subconsultant Contract Coordination — Perform all file management, review of project budget and coordinate subconsultant work. 7.3 Identify Property Owners and Mail Notice o Entry for Survey or Investigation Letters — Coordinate with the surveyor to ensure the notices include the appropriate verbiage to cover environmental field activities. 7.4 Progress Reports — Assist in the preparation of monthly progress reports to be provided to the client. 7.5 Client /Design Coordination Meetings — Prepare for and attend one (1) virtual project kick off meeting and one (1) on site initial field check meeting by one member of the environmental team. 7.6 NEPA Documentation — Carry out environmental analyses and develop the appropriate level of National Environmental Policy Act (NEPA) documentation for the project in accordance with INDOT environmental procedures as determined by the anticipated project impacts. A Level 2 Categorical Exclusion (CE-2) is anticipated due to the anticipated Section 106 finding of "No Adverse Effect." It is assumed that acquisition of new permanent plus temporary right-of- way will be less than 0.5-acre. The environmental services required to develop this project shall be in accordance with the Procedural Manual for Preparing Environmental Documents (2008) and the most recent INDOT Categorical Exclusion Manual. The tasks to be performed shall include the following items. 7.6.1 Field Inspection — Perform a survey by biologists to document potential environmental resources, recreational facilities, hazardous materials, etc. 7.6.2 Red Flag Investigation - Conduct a Red Flag Investigation (RFI) for the project. The RFI will include a preliminary analysis of publicly available PAGE 6 OF 11 APPENDIX "A" infrastructure, environmental, hydrological, and cultural resources data within the project area. Review the IDEM Virtual File Cabinet will be to assess the potential for sites requiring additional investigation due to potential soil and/or groundwater contamination. Produce a narrative summary and maps depicting findings of the RFI in accordance with the INDOT Site Assessment & Management (SAM) guidance (2018). 7.6.3 Early Coordination - Develop early coordination packages (including letters, general location mapping, Red Flag Investigation maps, and photographs) and distribute to the appropriate resource agencies listed in the most recent INDOT Categorical Exclusion Manual. 7.6.4 IPaC Documentation — Complete the Range -wide Programmatic Informal Consultation process with the INDOT LaPorte District and U.S. Fish and Wildlife Service. It is anticipated that the project effect finding for endangered bat species will be either "No Effect" or "May Affect — Not Likely to Adversely Affect." 7.6.5 Section 4(f) / 6(f) Documentation - It is not anticipated that Section 4(f) or Section 6(f) documentation will be required as part of this project. No effort is included as part of this task. This assumes that no new permanent ROW will be required from the parcels associated with the Martin Luther King Jr. Community Center. If such ROW is required, Section 4(f) coordination will be necessary, which will be considered out of scope and additional or supplemental services will be necessary. Additionally, this task assumes that impacts to the "Bottling House" located at 739 College Street, a potentially National Register of Historic Places (NRHP)-eligible property and Section 4(f) resource, will net a "No Adverse Effect" finding as part of the Section 106 process that is concurred with by the State Historic Preservation Officer (SHPO). This will allow the application of the Section 106 Memorandum of Understanding (MOU) and require no additional effort by the CONSULTANT. 7.6.6 CE-2 Documentation - Prepare for approval and distribution of the appropriate level of environmental documentation. The project is currently scoped as a CE-2 due to the anticipated Section 106 finding of "No Adverse Effect." This task includes completion of the commitments summary spreadsheet following approval of the CE-2. 7.7 Section 106 Consultation - Prepare the appropriate Section 106 documentation in accordance with the INDOT Cultural Resources Manual. This will include the following tasks: 7.7.1 Consulting Party Coordination - Prepare a list of potential consulting parties that will be invited to participate in the Section 106 process. PAGE 7 OF I I APPENDIX "A" Prepare an early coordination letter that will be distributed to consulting parties following approval by INDOT Cultural Resources Office (CRO). 7.7.2 Area of Potential Effects (APE) Delineation and Field Inspection - Formulate an APE defining the limits of the survey for aboveground resources. The APE may extend beyond the defined survey limits. A Historian -Section 106 Specialist, who meets the Secretary of the Interior's Professional Qualification Standards as per 36 CFR Part 61, will complete this field inspection. 7.7.3 Historic Property Report HPR) - Prepare a HPR that documents the results of the Qualified Professional's survey of aboveground resources. Preparation of the HPR assumes the "Bottling House" located at 739 College Street is a potentially NRHP-eligible property due to its association with the now demolished, but NRHP-listed South Bend Brewing Association Building located across College Street. Assess the building, among others, for inclusion on the NRHP. Submit the HPR to the INDOT CRO for approval, prior to disseminating to the consulting parties. 7.7.4 Phase Ia Archaeological Reconnaissance - Review the Phase Ia Archaeological Reconnaissance and coordinate the report findings with INDOT CRO. Review the archaeological report that is prepared prior to submission to INDOT CRO. 7.7.5 Preliminary Effects Report Preparation - Prepare a Preliminary Effects Report describing the effect the project will have on historic resources of concern. Submit the report to INDOT for approval prior to distribution to the Section 106 consulting parties. 7.7.6 Effects Finding Preparation - Prepare the appropriate level of effects documentation for the project. It is anticipated the project will result in a finding of "No Adverse Effect." Submit the effects documentation to INDOT CRO for approval prior to distribution to consulting parties. Prepare a public notice advertising the opportunity for the public to comment on the effects finding and will include coordinating the publication with the appropriate newspaper. 8.0 PERMITTING Prepare the Indiana Department of Environmental Management (IDEM) Construction Stormwater General Permit (CSGP) for this project in accordance with current guidelines. The tasks to be performed include the following: 8.1 Manage the permitting tasks to keep the project on schedule and on budget. 8.2 Complete the CSGP required for the project, which is expected to impact more than one (1) acre of land. Design erosion and sediment control measures that meet all IDEM and local requirements, preparation of the Storm Water Pollution PAGE 8 OF 11 APPENDIX "A" Prevention Plan (SWPPP) and compiling of all required documentation for the permit application. Complete the public notice requirements of the CSGP. 9.0 UTILITY COORDINATION Perform utility coordination for up to twelve (12) utilities in accordance with 105 IAC 13, IDM Chapter 104, and the INDOT Accommodation Policy. Specific tasks for this utility coordination include the following: 9.1 Perform the requirements of IAC 13-3-1, including the identification and documentation of utility stakeholders within the Project Limits; and prepare and distribute all required utility correspondence. 9.2 Prepare and maintain utility coordination records and database. 9.3 Prepare and send a letter to each affected utility requesting verification of the information shown in the project plans. 9.4 Develop and maintain a utility conflict matrix. 9.5 Prepare and send each utility a set of preliminary plans and request that the utility identify conflicts with their facilities. Perform conflict analysis and consider design alternatives to avoid or minimize impacts to utility facilities. 9.6 Send each utility a set of preliminary final plans and request utility work plans, assist in the development of the work plans, and review the work plans for the identified facilities within the project area. 9.7 Recommend work plans for approval including narrative portion and relocation drawing. 9.8 Present all project reports necessary for project delivery such as status reports and risk reports. 9.9 Lead or facilitate any meetings involving utility specific activities such as kick-off meetings, conflict resolution meetings and reimbursement eligibility meetings. 9.10 Develop a Utility Master Relocation Plan and prepare a Utility Relocation Schedule if relocations are required. 9.11 Prepare and sign utility special provisions, utility certification, and all other required contract letting documents. 9.12 Conduct post letting coordination services to include tracking utility relocations, answering utility related questions, and in person or virtual attendance at construction progress meetings. 10.0 PUBLIC INVOLVEMENT 10.1 Provide design presentation preparation for up to two (2) public meetings. 10.2 Attend and prepare meeting minutes for up to two (2) public meetings. 11.0 TITLE SEARCH Prepare a documented title search for up to thirty-two (32) parcels covering an interval of time including one valid transfer of fee title beyond a twenty-year period from the date of the search. The title search will include all liens (taxes, mortgages, easements, recorded judgments, etc.) and any encumbrances against the property found to be of record. PAGE 9 OF I I APPENDIX "A" 12.0 CONSTRUCTION PHASE SERVICES 12.1 Review the Contract Information Book (CIB) prepared by INDOT. 12.2 Review and respond to Contractor questions submitted during bidding. 12.3 Attend one (1) Pre -construction Conference with the responsible agent(s) of the LPA and the CONTRACTOR. 12.4 Review shop drawings. 12.5 Make services available to LPA during construction of the work for the interpretation of the plans where disagreement may arise and for consultation during construction in the event unforeseen or unusual conditions may arise. 13.0 SERVICES NOT BEING PROVIDED BY CONSULTANT Any services not specifically included above are not included in CONSULTANT's Services to be furnished being provided under this Contract. The Services to be furnished not being provided by CONSULTANT under this Contract include, but are not limited to, the following: 13.1 Subsurface utility engineering. 13.2 Stream and wetland mitigation. 13.3 Stage 2 Plans. 13.4 Right of way acquisition services. 13.5 Right of way staking. 13.6 Construction inspection. 13.7 Individual IDEM Section 401 Water Quality Certification 13.8 Individual Section 404 Department of the Army Corps of Engineers Permit. 13.9 Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys. 13.10 SWCD and MS4 review fees. 13.11 SUE services or coordination of SUE services. 13.12 Drafting and submission for approval of reimbursable and subordination agreements including review and approval of cost estimates. 13.13 Monitoring of accurate placement of utility relocations. 13.14 Inspection for Buy America Compliance. 13.15 Daily inspections of utility relocation including material inspections. 13.16 Right -of -Way Engineering and Land Acquisition Services. 13.17 Pavement Design, the standard pavement section will match INDOT standard drawings E 502-N V U F-01. 13.18 Temporary lighting plans. 13.19 Custom foundation design, geotechnical analysis, or subsurface investigations as part of this lighting design. 13.20 Signal design services relative to any other upstream or downstream intersections along US Route 20 or Wilber Street. PAGE 10 OF 11 APPENDIX "A" 13.21 Modifications to, or locations of, existing signal mast arms, signal heads, intersection signs mounted to mast arms, vehicular detection loops, interconnect equipment, and electrical service. 13.22 Staged Construction, and/or temporary traffic signal plans. 13.23 New permanent and temporary right-of-way. 13.24 Wetland Delineation / Waters of the U.S. Investigation. 13.25 Environmental field inspection. 13.26 Water Report preparation. 13.27 Phase I Environmental Site Assessment (ESA). 13.28 Phase II Limited Site Investigation (LSI), or development of a remediation work plan. 13.29 Completion of bridge/structure bat inspection forms. 13.30 Section 4(f) or Section 6(f) documentation. 13.31 Phase Ic, Phase II, or Phase III investigations ect Archaelogical. 13.32 Environmental consulting parties meeting. 13.33 Finding of "Adverse Effect," to complete the Section 106 process. 13.34 Preparation of a Memorandum of Agreement. PAGE 11 OF 11 APPENDIX "A" APPENDIX `B" INFORMATION AND SERVICES TO BE FURNISHED BY THE LPA The LPA shall furnish the CONSULTANT with the following: 1.0 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. 2.0 Designate an employee as the Employee in Charge responsible to coordinate activities between the CONSULTANT and the LPA and INDOT. 3.0 Provide all criteria and full information as to LPA's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 4.0 Furnish all specifications and standard drawings applicable to the project and all criteria for design and details including, but not limited to, signage, highways, structures, grades, curves, sight distances, clear zones, clearances, and design loadings. 5.0 Assist the CONSULTANT by placing at CONSULTANT's disposal all available information pertinent to the Project including, but not limited to, the following: 5.1 Previous reports and any other data relative to design or construction of the project. 5.2 Available data from the transportation planning process. 5.3 Utility plans available to the LPA 5.4 As -built and other record plans for the project area. 6.0 Arrange for access to and make all provisions for CONSULTANT and Subcontractors to enter upon public and private property as required to perform services under this Agreement. 7.0 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. 8.0 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. 9.0 Furnish all legal services as may be required for the development of the project. 10.0 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. PAGE 1 OF 2 APPENDIX "B" 11.0 Furnish, or direct CONSULTANT to provide, Additional Services as stipulated in this Agreement or other services as required. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] PAGE 2 OF 2 APPENDIX "B" 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: 1.0 Stage 1 Plans by March 2024. 2.0 PFC Meeting by June 2024. 3.0 Stage 3 Plans on or before March 21, 2025. 4.0 Tracing on or before July 21, 2025. 5.0 RFC Date on or before August 20, 2025. 6.0 Letting Date November 13, 2025. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] PAGE 1 OF 1 APPENDIX " C" APPENDIX "D" COMPENSATION 1.0 AMOUNT OF PAYMENT 1.1 The CONSULTANT shall receive compensation for providing such professional services under Appendix "A" of this Contract in the amount of a total fee not -to - exceed Three Hundred Forty -Nine Thousand Seven Hundred Ten Dollars ($349,710.00), unless an amendment to this Contract is executed by the parties that increases the maximum amount payable. 1.2 The CONSULTANT shall be paid for the work performed under Item 1.0, 2.0, 3.0, 4.0, 5.0, 6.0, 7.0, 8.0, and 9.0 of Appendix "A" of this Contract on a lump sum basis, in accordance with the following lump sum fee schedule: 1.2.1. Topographic Survey Data Collection...........................................$26,510.00 1.2.2. Urban Trail Design and Plans .................................................... $127,200.00 1.2.3. Decorative Lighting Design.........................................................$21,600.00 1.2.4. Traffic Signal Design...................................................................$10,400.00 1.2.5. Project Management....................................................................$20,000.00 1.2.6. Environmental Documentation....................................................$65,700.00 1.2.7. Permitting.......................................................................................$8,900.00 1.2.8. Utility Coordination.....................................................................$26,400.00 1.3 The CONSULTANT shall be paid for the work performed under Items 10.0 and 12.0 of Appendix "A" of this Contract on an hourly rate basis based on the rates set forth in Exhibit "1" , attached hereto and incorporated herein by reference and in accordance with the following not to exceed fee schedule: 1.3.1. Public Involvement...................................................................... $13,200.00 1.3.2. Construction Phase Services........................................................$12,200.00 1.4 The CONSULTANT shall receive payment for Title Search Services performed under Item 11.0 of Appendix "A" of this Contract based on the specific cost per unit multiplied by the actual units of work performed in accordance with the following schedule: 1.4.1. Title Reports (32 parcels @ $550 each).......................................$17,600.00 2.0 METHOD OF PAYMENT 2.1 The CONSULTANT shall submit invoices to the LPA on a monthly basis for services rendered. In no event shall the total of the CONSULTANT's invoices exceed the amount provided in this Appendix "D" without prior approval as provided elsewhere in this Contract. 2.2 The LPA shall pay the CONSULTANT for said invoices within thirty (30) calendar days for CONSULTANT's services. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] PAGE 1 OF 1 APPENDIX "D" LUC H M UJ qL 111111= IIIIII- ML-- WZU E R V P' IndyGo RFQ 23-03-474 On Call A&E Services Rates are based on an audited overhead rate of 185.29%, 9.0% profit and annual escalation of 4.7% Employee Classification Class Code Avg Cost Rate Overhead Rate 185.29% Profit 9.0% Cost of Money.46% 2023 StraighttimeB illable Rate 2024 Straighttime Billable Rate 2025 Straighttime Billable Rate SR Project Manager II ESM2 $ 75.27 $ 139.47 $ 19.33 $ 0.35 $234.42 $245.43 $256.97 Sr Project Manager I ESM1 $ 64.33 $ 119.20 $ 16.52 $ 0.30 $200.35 $209.76 $219.62 Senior Landscape Architect LA1 $ 70.76 $ 131.11 $ 18.17 $ 0.33 $220.37 $230.73 $241.57 Engineer Designer II ED2 $ 40.87 $ 75.73 $ 10.49 $ 0.19 $127.28 $133.27 $139.53 tMR.�= iL T r ! i 5 1 P a g e INDIANA DEPARTMENT OF TRANSPORTATION 100 With Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael J. Smith, Commissioner Memorandum To: INDOT; Consultant Firms From: INDOT Division of Economics and External Audit Date: June 1, 2023 Subject: Consultant Firm Direct Hourly Billing Rate Notice INDOT and our consulting partners have a long history of cooperation regarding the metrics that are considered and applied to generate annual labor rates and maximum allowable reimbursements. The ECI index for "Professional, Scientific, and Technical Services" as set forth by the US Department of Labor's Table 9: Wages and Salaries has been the standard used to establish the annual rate increase for professional services contracts. This year, the national ECI Table 9 average increase was reported as 4.7%. Continuing our effort of working together and keeping our state competitive, we are setting the annual labor rate adjustment, effective July 1, 2023, at 4.7 % and the maximum allowable reimbursement, without executive approval, for consultant's incurred direct labor shall be $79.25 per hour. The annual labor rate adjustment and the maximum allowable reimbursement shall apply to all INDOT contracts signed on or after July 15 2023 tluough June 305 2024 and is not retroactive for contracts signed before July 1, 2023, unless indicated by an explicit clause in the contract. The annual labor rate adjustment and maximum allowable reimbursement affects contract agreement and amendment hourly rate escalation terms as provided in the relevant contract types. L n say Quist, De ty Commissioner Indiana Department of Transportation www.in.gov/dot/ An Equal Opportunity Employer Indiana LOCH M U ELLEFt Project: Client: Des. No.: Lochgroup Project No. GROUP Reinvent Your Future Coal Line Trail, Phase III City of South Bend 2201235 123-3013-OOH October 2, 2023 TASK FIRM FEE TYPE PROPOSED FEE Topographic Survey Etica - DBE Lump Sum $26,510 Urban Trail Design and Plan Development Lochmueller Group Lump Sum $127,200 Lighting Improvements Lochmueller Group Lump Sum $21,600 Pedestrian Signal Improvements Lochmueller Group Lump Sum $10,400 Project Management Lochmueller Group Lump Sum $20,000 Environmental Documentation Lochmueller Group Lump Sum $65,700 Permitting Lochmueller Group Lump Sum $8,900 Utility Coordination Lochmueller Group Lump Sum $26,400 Public Involvement (2 Meetings) Lochmueller Group Hourly Rate $13,200 Construction Phase Services Lochmueller Group Hourly Rate $12,200 Title Work $550/Parcel Etica - DBE Unit Rate $17,600 Total Not To Exceed Fee $349,710 LOCHMUELLEa I GROUP Project: Coal Line Trail, Phase III Client: City of South Bend Des. No. 2201235 RFP No.: N/A Lochgroup Project No.: 123-3013 STAFF HOURS BY CLASSIFICATION TASK DESCRIPTION Senior Project Senior Project Senior Landscape Project Engineer Project Engineer Engineering Intern Engineering Intern Engineering Rate Year Manager II Manager I Architect III I III II Designer II TOTAL HOURS /TASK TOTAL DOLLARS /TASK DIRECT LABOR Process Survey & Check Survey Notes 2023 2 8 10 $402.04 Establish Horizontal Alignment 2023 1 2 4 7 $356.01 Design Profile Grade 2023 1 1 8 10 $435.41 Preliminary Drainage Analysis 2023 8 8 16 $625.68 Preliminary Trail Corridor Model 2023 2 1 40 43 $1,701.02 Prepare Typical Cross Section 2023 2 8 10 $441.84 Preliminary Plan & Profile Sheets 2023 1 2 8 16 40 67 $2,766.65 Preliminary Urban Design 2023 8 4 4 16 $879.72 Preliminary MOT - Vehicular & Pedestrian 2023 4 8 8 20 $789.96 Preliminary Cross Section Sheets 2023 2 8 10 $408.30 Preliminary Clear Zone, Roadside Safety 2023 2 2 4 $156.42 Level One Calcs and Checklist 2023 1 4 5 $227.01 Level Two Calcs (ISD) 2023 4 4 $162.68 Abbreviated Engineering Assessment 2023 1 1 2 1 2 5 $220.75 Preliminary Quantities & Cost Estimate 2023 4 8 8 20 $908.72 QA/QC 2023 4 8 2 14 $957.24 Submission to City 2023 4 2 2 4 12 $630.34 SUBTOTAL: Preliminary Plans Revise plans per Stage 1 Review 2024 4 19 1 24 4 0 44 8 114 8 0 68 8 0 273 29 $12,070 $1,361.11 Coordinate Design with Geotech & Enviro 2024 4 4 $170.33 Coordinate RIW 2024 4 4 $170.33 Prelim. Approach, Drive & Intersection Details 2024 2 8 8 18 $804.93 Curb Ramp Design 2024 50 46 96 $3,933.60 Plan and Cross Section Updates 2024 2 8 16 16 42 $1,802.35 Drainage Detail in Plans 2024 4 8 8 20 $827.09 Review design on site 2024 12 12 $889.03 Revision coordination 2024 4 4 $296.34 QA/QC 2024 4 4 2 10 $732.82 Meeting Preparation, Invites and Minutes 2024 1 2 2 2 7 $440.29 Field Check Meeting 2024 2 2 2 2 8 $519.10 SUBTOTAL: Preliminary Field Check Plans 7 91 30 0 28 94 0 86 01 254 $11,947 Stage 3 Plans Updates to Plans per PFC Meeting 2024 1 8 8 8 25 $1,064. 77 Finalize Plan & Profile Sheets 2024 1 1 2 16 16 40 76 $3,316.14 Finalize Detail Sheets 2024 8 8 20 36 $1,789.16 Finalize MOT - Vehicular & Pedestrian 2024 8 8 16 $682.98 Pavement Markings & Signs 2024 1 2 2 4 9 $409.02 Wayfinding signage programming/documentation 2024 8 4 4 4 20 $1,091.39 Finalize Urban Design Coordination 2024 2 8 4 4 18 $1,078.68 Project Summary Tables 2024 2 2 4 $163.77 Earthwork and Summary Table 2024 1 1 $39.30 Quantity Calculations 2024 2 4 4 10 $475.71 Cost Estimate 2024 2 2 4 $233.33 Special Provisions 2024 2 8 2 12 $806.00 QA/QC 2024 4 8 2 14 $1,002.23 Submission to City 2024 4 2 2 2 10 $581.36 SUBTOTAL, Stage 3 Plans 7 161 43 01 56 451 0 881 0 255 $12,734 X:\Production\Files\2023\123-3013\Proposal\Draft Proposal\Fee Estimate\working\Des 2201235 Combined Fee Justification.xlsx LOCHMUELLEa GROUP Project: Client: Des. No. RFP No.: Lochgroup Project No.: Coal Line Trail, Phase III City of South Bend 2201235 N/A 123-3013 I TASK DESCRIPTION STAFF HOURS BY CLASSIFICATION TOTAL HOURS / TASK TOTAL DOLLARS / TASK Rate Year Senior Project Manager II Senior Project Manager I Senior Landscape Architect Project Engineer III Project Engineer I Engineering Intern III Engineering Intern II Engineering Designer II Revise Plans per Stage 3 Review 2025 1 4 8 8 20 41 $1,962.71 Final Constr. Cost Est. & Final Est. of Quant. 2025 1 2 2 5 $314.82 Final Special Provisions 2025 1 2 2 5 $307.96 QA/QC 2025 4 4 2 10 $767.26 ERMS Submission Documentation 2025 8 4 12 $728.76 Subtotal, Final Tracings 4 15 10 0 10 14 0 20 0 73 $4,082 Total Hours ECI 22 59 107 0 138 267 0 262 0 855 $40,832.47 Average Rate (2023) $75.27 $64.33 $70.76 $0.00 $40.67 $37.54 $0.00 $40.87 $0.00 Average Rate (2024) 4.7 % $78.81 $67.35 $74.09 $0.00 $42.58 $39.30 $0.00 $42.79 $0.00 Average Rate (2025) 4.7 % $82.51 $70.52 $77.57 $0.00 $44.58 $41.15 $0.00 $44.80 $0.00 Average Rate (2026) 4.7 % $86.39 $73.83 $81.21 $0.00 $46.68 $43.09 $0.00 $46.91 $0.00 Total Direct Labor Costl $40,832.47 Overhead @ Labor + Overhead Profit @ FCCM@ 185.29 % 9.0 % 0.46% $75,658.48 $116,490.94 $10,484.18 $187.83 Total Labor Cost $127,162.96 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $0.0 TOTAL FEE: $127,200.0 X:\Production\Files\2023\123-3013\Proposal\Draft Proposal\Fee Estimate\working\Des 2201235 Combined Fee Justification.xlsx LOCHMUELLERJLW LIGHTING DESIGN GROUP Project: Coal Line Trail, Phase III Client: City of South Bend Des. No. 2201235 RFP No.: N/A Lochgroup Project No.: 123-3013 STAFF HOURS BY CLASSIFICATION TASK DESCRIPTION Rate Year Sr. Project Project Engineer Project Manager I III Engineer I TOTAL HOURS / TASK TOTAL DOLLARS / TASK DIRECT LABOR Prelininary Field Check Plans 0 Check Front-end Coord. w/ Road staff & County 2024 2 2 4 $242.82 Preliminary Lighting Modelling 2024 2 4 8 14 $691.59 Lighting Model Exhibits 2024 1 2 4 7 $345.79 Electric Utility Coordination - Service Point(s) Determination 2024 2 4 6 $350.93 Site Visit 2024 4 4 8 $485.64 Lighting Plan Sheet Development 2024 4 12 16 $727.20 Lighting Detail Sheets 2024 1 2 2 5 $260.63 Prelim Qtys (create pay item calc sheets) 2024 1 2 3 $139.22 Estimate 2024 2 2 $108.11 QA/QC 2024 3 2 5 $287.22 0 Check 0 Check Stage 3 Plans 0 Check Revise Lighting Plans Per PFC Review 2025 1 2 2 5 $272.88 Final Lighting Plan Sheets 2025 2 8 10 $469.86 Final Lighting Detail Sheets 2025 2 4 6 $291.53 Lighting Model Revisions and Data Extraction for Plans 2025 1 1 3 5 $260.86 Wire/Breaker Size and Voltage Drop Calcs 2025 1 1 2 $115.10 Lighting Special Provisions 2025 2 2 $113.19 Qtys and Cost Estimate (update pay item calc sheets) 2025 1 1 2 $101.18 QA/QC 2025 3 2 5 $300.72 0 Check 0 Check Final Tracings 0 Check Revise Plans per Stage 3 Review 2025 1 2 2 5 $272.88 Final Const. Cost Est. & Final Est. of Qtys (update item calcs shts) 2025 1 1 2 $101.18 Final Special Provisions 2025 1 1 2 $127.12 QA/QC 2025 2 1 2 5 $286.80 Review Shop Drawings for prop. light poles 2025 2 1 3 $197.64 RFI's during contract bidding phase 2025 3 2 5 $324.75 0 Check 0 Check Total Hours 0 Check ECI 30 43 56 0 0 0 0 0 0 $6,874.85 Average Rate(2023) $64.33 $51.63 $40.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2024) 4.7% $67.35 $54.06 $42.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2025) 4.7% $70.52 $56.60 $44.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2026) 4.7% $73.83 $59.26 $46.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Labor Cost $6,874.85 Overhead @ 185.29% Labor+ Overhead Profit @ 9.0% FCCM @ 0.46% $12,738.42 $19,613.27 $1,765.19 $31.62 lim Total Labor Cost $21,410.09 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Indy to Project Site) 1 Trips x 300 Mi./Trip x $0.49 $147.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $147.00 TOTAL FEE: $21,600.00 LOCHMUELLER SIGNAL DESIGN GROUP Project: Coal Line Trail, Phase III Client: City of South Bend Des. No. 2201235 RFP No.: N/A Lochgroup Project No.: 123-3013 STAFF HOURS BY CLASSIFICATION TASK DESCRIPTION Rate Year Sr. Project Project Engineer Project Manager I III Engineer I TOTAL HOURS / TASK TOTAL DOLLARS / TASK DIRECT LABOR Prelininary Field Check Plans Project Coordination w/ City 2024 2 2 $108.11 Preliminary Signal Layouts 2024 2 4 6 $278.44 Plan Sheet Labeling Equip +Conduits+Cabling+Diagrams +Notes 2024 4 6 10 $471.72 Preliminary Quantities 2024 1 2 3 $139.22 Estimate 2024 1 2 3 $139.22 QA/QC 2024 2 2 4 $219.87 Stage 3 Plans Revise Signal Plans Per PFC Review 2025 1 2 3 $145.76 Coordinate w/ Utilities for signal -specific conflicts 2025 1 1 2 $127.12 Final Signal Plan Sheets 2025 3 3 6 $303.54 Final Signal Detail Sheets 2025 1 2 3 $145.76 Final Design Related Calcs 2025 1 1 $56.60 Special Provisions 2025 1 1 2 $127.12 Quantities and Cost Estimate 2025 2 2 $89.17 QA/QC 2025 2 2 4 $230.20 Final Tracings Revise Plans per FFC Review 2025 2 2 4 $202.36 Final Constr. Cost Est. & Final Est. of Quant. 2025 2 2 4 $202.36 Final Special Provisions 2025 1 2 3 $183.71 QA/QC 2025 1 1 2 $115.10 Total Hours ECI 8 24 32 0 0 0 0 0 0 64 $3,285.38 Average Rate(2023) $64.33 $51.63 $40.67 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2024) 4.7% $67.35 $54.06 $42.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2025) 4.7% $70.52 $56.60 $44.58 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2026) 4.7% $73.83 $59.26 $46.68 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Labor Cost $3,285.38 Overhead @ 185.29% Labor+ Overhead Profit @ 9.0% FCCM @ 0.46% $6,087.48 $9,372.86 $843.56 $15.11 lim Total Labor Cost $10,231.53 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Indy to Project Site) 1 Trips x 300 Mi./Trip x $0.49 $147.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $147.00 TOTAL FEE: $10,Ann .00 LOCHMUELLEI2 GROUP Project: Client: Des. No. RFP No.: Lochgroup Project No.: Coal Line Trail, Phase III City of South Bend 2201235 N/A 123-3013 I � � � I ' TASK DESCRIPTION Rate Year Senior Project Manager II Senior Project Manager I STAFF HOURS BY CLASSIFICATION Senior Landscape Project Engineer Project Engineer Engineering Intern Engineering Intern Architect III I III II Engineering Designer II TOTAL HOURS /TASK TOTAL DOLLARS /TASK DIRECT LABOR Project Management Kickoff Meeting 2024 2 2 4 $292.32 Progress Reports 2024 16 16 $1,077.66 Project Coordination 2024 4 16 20 $1,392.89 Quarterly Meetings 2024 8 8 $538.83 Internal Team Coordination Meetings 2024 4 16 20 $1,392.89 Client Coordination Meetings 2024 8 16 24 $1,708.12 Subtotal, Project Management 18 741 0 0 0 0 0 0 0 92 $6,403 Total Hours ECI 18 74 0 0 0 0 0 0 0 92 $6,402.70 Average Rate (2023) $75.27 $64.33 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2024) 4.7 % $78.81 $67.35 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2025) 4.7 % $82.51 $70.52 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2026) 4.7 % $86.39 $73.83 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Labor Costl $6,402.70 Overhead@ Labor + Overhead Profit @ FCCM@ 185.29% 9.0 % 0.46% $11,863.56 $18,266.26 $1,643.96 $29.45 Total Labor Cost $19,939.67 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees J 0 F -001 TOTAL FEE: $20,000.0 X:\Production\Files\2023\123-3013\Proposal\Draft Proposal\Fee Estimate\working\Des 2201235 Combined Fee Justification.xlsx LOCHMUELLER GROUP Project: Client: Des. No. RFP No.: Lochgroup Project No.: Coal Line Trail, Phase III City of South Bend 2201235 N/A 123-3013 DocumentationEnvironmental TASK DESCRIPTION Rate Year Senior Project Environmental Manager I Specialist IV STAFF HOURS BY CLASSIFICATION Historian/Sec. Environmental Environmental Environmental 1065pecialist Specialist III Specialist II Specialist I IV Historian/sec. 106 Specialist II IT Systems Specialist Admin Assistant TOTAL HOURS / TASK TOTAL DOLLARS / TASK DIRECT LABOR Task 1: Project Organization/Coordination 22 0 18 0 0 0 0 0 0 40 $2,343.81 SubTask 1a: Client/Sub Contract Coordination 2024 6 0 4 0 0 0 0 0 0 10 $596.64 SubTask 1 b: Identify Property Owners and Mail NOE letters 2023 0 0 2 0 0 0 0 0 0 2 $91.94 SubTask 1c: Progress Reports 2024 4 0 4 0 0 0 0 0 0 8 $461.94 SubTask 1d: Client/Design Coord. Meetings 2024 12 0 8 0 0 0 0 0 0 20 $1,193.29 Task 2: Wetland Delineation / WOTUS Investigation 0 0 0 0 0 0 0 0 0 0 $0.00 SubTask 2a: Field Inspection 2024 0 0 0 0 0 0 0 0 0 0 $0.00 SubTask 2b: Report Development 2024 0 0 0 0 0 0 0 0 0 0 $0.00 Task 3: NEPA Documentation 11 4 26 46 46 0 0 2 0 135 $5,445.54 SubTask 3a: Field Inspection 2024 2 0 6 0 0 0 0 0 0 8 $423.49 SubTask 3b: Red Flag Investigation 2023 2 0 6 12 20 0 0 0 0 40 $1,406.56 SubTask 3c: Early Coordination 2024 2 0 0 12 10 0 0 2 0 26 $990.36 SubTask 3d: IPaC Documentation 2024 1 0 0 8 0 0 0 0 0 9 $365.04 SubTask 3e: Section 4(f) / Elf) Documentation 2024 0 0 0 0 0 0 0 0 0 0 $0.00 SubTask 3f: CE-2 Documentation 2025 4 4 14 14 16 0 0 0 0 52 $2,260.10 Task 4: Section 106 Consultation 21 0 11 0 0 66 122 0 0 220 $10,329.76 SubTask 4a: Consulting Party Early Coordination 2023 1 0 2 0 0 4 14 0 0 21 $885.77 SubTask 4b: APE Delineation and Field Inspection 2024 2 0 2 0 0 6 10 0 0 20 $945.80 SubTask 4c: Historic Property Report (HPR) 2024 6 0 3 0 0 20 44 0 0 73 $3,349.07 SubTask 4d: Phase la Archaeological Reconnaissance 2024 0 0 0 0 0 4 0 0 0 4 $215.43 SubTask 4e: Consulting Parties Meeting 2024 0 0 0 0 0 0 0 0 0 0 $0.00 SubTask 4f: Preliminary Effects Report Preparation 2024 6 0 2 0 0 20 32 0 0 60 $2,830.92 SubTask 4g: Effects Finding Preparation 2025 6 0 2 0 0 12 22 0 0 42 $2,102.77 ECI 54 4 55 46 46 66 122 2 0 395 $18,119.11 Average Rate (2023) $64.33 $50.70 $45.97 $35.54 $28.78 $51.44 $37.41 $51.48 $25.97 Average Rate (2024) 4.7% $67.35 $53.08 $48.13 $37.21 $30.13 $53.86 $39.17 $53.90 $27.19 Average Rate (2025) 4.7% $70.52 $55.58 $50.39 $38.96 $31.55 $56.39 $41.01 $56.43 $28.47 Average Rate(2026) 4.7% $73.83 $58.19 $52.76 $40.79 $33.03 $59.04 $42.94 $59.09 $29.81 Total Direct Labor Cost $18,119.11 Overhead @ Labor+ Overhead Profit @ FCCM @ 185.29% 9.0% 0.46% $33,572.89 $51,692.00 $4,652.28 $83.35 Total Labor Costl $56,427.63 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $100.00 Section 106 Legal Notice Publication $400.00 SUBCONSULTANT FEES Phase la Archaeology (Cultural Resource Analysts (CRA) $6,180.00 Site Processing Fee (1 x sites assumed to be processed) (CRA) $2,500.00 Total Direct Expense Cost and Subconsultant Fees $9,180.00 TOTAL FEE: $65,7nnnn LOCHMUELLER GROUP Project Name: Client: Des. No.: RFP No.: Lochgroup Project No.: F Coal Line Trail, Phase III City of South Bend 2201235 N/A 123-3013 0 Permitting Mom TASK DESCRIPTION Rate Year Senior Project Manager II senior Project Manager I STAFF HOURS BY CLASSIFICATION Environmental Environmental Environmental Specialist III Specialist II Specialist I IT systems Specialist Admin Assistant TOTAL HOURS /TASK TOTAL DOLLARS /TASK DIRECT LABOR Task 4: Environmental Permitting SubTask 4a: Environmental Permitting Management/Coordination 2025 4 2 4 0 0 0 0 10 $672.66 SubTask 4e: IDEM Construction Stormwater General Permit and SWPPP 2025 2 0 24 20 0 0 0 46 $2,153.63 Total Hours ECI 6 2 28 20 0 0 0 56 $2,826.29 Average Unburdened Rate(2023) $75.27 $64.33 $45.97 $35.54 $28.78 $51.48 $25.97 Average Unburdened Rate(2024) 4.7% $78.81 $67.35 $48.13 $37.21 $30.13 $53.90 $27.19 Average Unburdened Rate (2025) 4.7% $82.51 $70.52 $50.39 $38.96 $31.55 $56.43 $28.47 Average Unburdened Rate (2026) 4.7% $86.39 $73.83 $52.76 $40.79 $33.03 $59.09 $29.81 $2,826.29 Overhead @ Labor+Overhead Profit @ FCCM @ 185.29% 9.0% 0.46% $5,236.83 $8,063.12 $725.68 $13.00 Total Labor Cost $8,801.80 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (Site) Tripsx Mi./Tripx $0.49 $0.00 Mileage (On -Site Miles) Tripsx Mi./Tripx $0.49 $0.00 Printing & Postage $50.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Feesl 1 $50.00 TOTAL FEE: $8,900.00 LOCHMUELLER UTILITY COORDINATION GROUP Project: Coal Line Trail, Phase III Client: City of South Bend Des. No. 2201235 RFP No.: N/A Lochgroup Project No.: 123-3013 STAFF HOURS BY CLASSIFICATION TASK DESCRIPTION Rate Year EPL Project Engineering Liaison Intern II TOTAL HOURS / TASK TOTAL DOLLARS / TASK DIRECT LABOR its Research Utility Facilities within Project 2023 4 4 8 $339.12 Create and Maintain Utility Files and Correspondence Records 2024 8 8 16 $710.12 Input Data and Maintain INDOT UMS 2024 0 $0.00 Prepare and Distribute INDOT Letter of Project Initial Notice 2024 6 6 12 $532.59 Prepare and Distribute Utility Letter of Facility Verification Phase 2024 6 6 12 $532.59 Prepare and Distribute Utility Letter of Facility Conflict Identification 2024 6 6 12 $532.59 Prepare and Distribute Utility Letter of Utility Work Plan Development 2025 6 6 12 $557.62 Develop, Coordinate, and Submit Utility Risk Assessments 2025 0 $0.00 Initial Kick off Meeting and Goal Establishment 2023 2 2 $99.90 Utility On -site Needs Assessment for Design and Construction 2023 0 $0.00 Progress Reports and Progress Meetings 2023 2 2 $99.90 Preparation of Utility Exhibits for Meetings 2023 0 $0.00 Prepare and Attend Preliminary Field Check 2024 8 8 $418.38 Internal Project Team Meetings 2024 2 2 $104.60 Prepare and Attend Final Field Check 2024 8 8 $418.38 Prepare and Attend Conflict Resolution Meetings 2024 4 4 8 $355.06 Coordinate Utility Work Plans with Railroad 2024 0 $0.00 Evaluate Potential Utility Impacts for Design Alternatives 2024 2 2 $104.60 Coordinate Utility Records and Collect One Call with Survey 2024 0 $0.00 Integrate, Review, and Update Utility Information into Design Files 2024 0 $0.00 Develop and Update Utility Plan Sheets 2024 0 $0.00 Identify and Coordinate SUE services 2024 0 $0.00 Develop, Maintain, and Update Utility Conflict Matrix 2024 8 8 $418.38 Develop and Coordinate Design Alternatives to Minimize Utility Impacts 2024 2 1 2 $104.60 Utilltv ROW Inte ration Identify and Obtain all Utility Property Interest Documents 2024 2 2 $104.60 Integrate, Review, and Update Easement information into ROW Engineering 2024 0 $0.00 Identify and Coordinate Acquisition of Parcels containing Utility Easements 2024 0 $0.00 Coordinate Execution of Subordination or Similar Agreements 2024 0 $0.00 Coordinate Acquisition of Utility ROW with Acquisition 2024 2 2 $104.60 Receive, Review, and Develop Reimbursemen Coordinate and Obtain Utility Cost Estimates 2024 0 $0.00 Coordinate Completed Execution of Reimbursement Agreements 2024 0 $0.00 Coordinate to Receive, Review, and Approve Invoices 2024 1 0 $0.00 Coordinate and Issue Letter for Final Invoice 2024 1 0 $0.00 Wive, Review, and Develop Contract Documen Coordinate and Conduct Utility Constructability Reviews 2024 8 4 12 $564.25 Coordinate, Review, and Approve Utility Work Plans 2024 8 4 12 $564.25 Develop Utility Relocation Schedule and Constructability Risk Assessment 2024 8 S $418.38 Develop Utility Special Provisions and Contract Deliverables 2024 6 2 S $386.72 Construction Phase Utility Coordination Distribute Utility Relocation Notice to Proceeds 2025 6 6 $328.53 Coordinate and Track Utility Relocations 2025 6 6 12 $557.62 Attend Construction Progress Meetings 2025 2 2 $109.51 Issue Letter Completion of Work Plans 2025 0 $0.00 Submit Utility Records for State Retention 2025 0 $0.00 Total Hours 0 Check ECI 0 0 122 56 0 0 0 0 0 178 $8,466.36 Average Rate(2023) $0.00 $0.00 $49.95 $34.83 $28.32 $0.00 $0.00 $0.00 $0.00 Average Rate (2024) 4.7% $0.00 $0.00 $52.30 $36.47 $29.65 $0.00 $0.00 1 $0.00 $0.00 Average Rate (2025) 4.7% $0.00 $0.00 $54.76 $38.18 $31.04 $0.00 $0.00 1 $0.00 $0.00 Average Rate(2026) 4.7% $0.00 $0.00 $57.33 $39.98 $32.50 $0.00 $0.00 $0.00 $0.00 Total Direct Labor Cost $8,466.86 Overhead @ 185.29% $15,688.25 Labor+ Overhead $24,155.12 Profit @ 9.0% $2,173.96 FCCM @ 0.46% $38.95 Total Labor Costj $26,368.02 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $0.00 TOTAL FEE: $26,400.00 LOCHMUELLEa GROUP Project: Client: Des. No. RFP No.: Lochgroup Project No.: Coal Line Trail, Phase III City of South Bend 2201235 N/A 123-3013 I ' TASK DESCRIPTION Rate Year Senior Project Manager II Senior Project Manager I STAFF HOURS BY CLASSIFICATION Senior Landscape Project Engineer Project Engineer Engineering Intern Engineering Intern Architect III I III II Engineering Designer II TOTAL HOURS /TASK TOTAL DOLLARS /TASK DIRECT LABOR Public Involvement (2 M Detailed strip map 2024 4 16 20 $981.00 Design presentation preparation 2024 2 16 4 22 $1,491.24 Meeting Preparation, Invites and Minutes 2024 4 4 8 $565.76 Public Involvement (2 Meetings) 2024 4 4 8 16 $1,177.33 Subtotal, Public Involvement 4 10 32 0 0 0 0 20 0 66 $4,215 Total Hours ECI 4 10 32 0 0 0 0 20 0 66 $4,215.33 Average Rate (2023) $75.27 $64.33 $70.76 $0.00 $0.00 $0.00 $0.00 $40.87 $0.00 Average Rate (2024) 4.7 % $78.81 $67.35 $74.09 $0.00 $0.00 $0.00 $0.00 $42.79 $0.00 Average Rate (2025) 4.7 % $82.51 $70.52 $77.57 $0.00 $0.00 $0.00 $0.00 $44.80 $0.00 Average Rate (2026) 4.7 % $86.39 $73.83 $81.21 $0.00 $0.00 $0.00 $0.00 $46.91 $0.00 Total Direct Labor Cost $4,215.33 Overhead @ Labor + Overhead Profit @ FCCM@ 185.29 % 9.0 % 0.46% $7,810.58 $12,025.91 $1,082.33 $19.39 Total Labor Cost $13,127.63 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $0.0 TOTAL FEE: $13,200.0 X:\Production\Files\2023\123-3013\Proposal\Draft Proposal\Fee Estimate\working\Des 2201235 Combined Fee Justification.xlsx I LO VHim1 LEI2 :1 1 I I I RUH I GROUP Project: Coal Line Trail, Phase III Client: City of South Bend Des. No. 2201235 RFP No.: N/A Lochgroup Project No.: 123-3013 STAFF HOURS BY CLASSIFICATION TOTAL TOTAL TASK DESCRIPTION Rate Year Senior Project Senior Project Senior Landscape Project Engineer Project Engineer Engineering Intern Engineering Intern Engineering HOURS DOLLARS Manager II Manager I Architect III I III II Designer II /TASK /TASK DIRECT LABOR Bidding & Construction Phase Services Attend Preconstruction Conference 2025 2 2 4 $296.17 Answer Contractor Questions 2025 4 8 12 $902.62 Project Coordination 2025 8 8 16 $1,184.69 Questions during construction 2025 4 8 12 $902.62 Shop Drawing Review 2025 8 8 $620.54 Subtotal, Final Tracings 0 18 34 0 0 0 0 0 0 52 $3,907 Total Hours ECI 0 18 34 0 0 0 0 0 0 52 $3,906.6 Average Rate (2023) $0.00 $64.33 $70.76 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2024) 4.7 % $0.00 $67.35 $74.09 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2025) 4.7 % $0.00 $70.52 $77.57 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Average Rate (2026) 4.7 % $0.00 $73.83 $81.21 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Total Direct Labor Cost $3,906.65 Uvernead L 185.29% Labor + Overhead Profit @ 9.0 % FCCM@ 0.46% $7,238.63 $11,145.28 $1,003.07 $17.97 Total Labor Cost $12,166.32 DIRECT EXPENSES No. Unit No. Unit Rate Mileage (South Bend to Project Site) Trips x Mi./Trip x $0.49 $0.00 Mileage (Fort Wayne to Project Site) Trips x Mi./Trip x $0.49 $0.00 Lodging Rooms x Nights x $110.00 $0.00 Per Diem Staff x Days x $41.00 $0.00 Printing & Postage $0.00 SUBCONSULTANT FEES Total Direct Expense Cost and Subconsultant Fees $0.00 TOTAL FEE: $12,200.00 1 X:\Production\Files\2023\123-3013\Proposal\Draft Proposal\Fee Estimate\working\Des 2201235 Combined Fee Justification.xlsx INDIANA DEPARTMENT OF TRANSPORTATION 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 External Audit http://www.in.gov/indot/2846.htm Division of Economics, External Audit, and Performance Metrics August 4, 2023 Re: Report on Review of Financial Prequalification submission 24-15-52 For Fiscal Year Ending: December 31, 2022 Ms. Amie Roach, CFO Lochmueller Group, Inc. 6200 Vogel Rd. Evansville, IN 47715 Dear Ms. Roach: Eric Holcomb, Governor Michael Smith, Commissioner External Audit has reviewed the Financial Prequalification submittal by Lochmueller Group, Inc. for the fiscal year ending December 31, 2022. This notice is to report the results of the financial review. For further information regarding the overall Prequalification status of your firm, including technical requirements, please contact the Prequalification Section directly. We reviewed an Indirect Cost Schedule and associated required documents for Financial Prequalification submitted for the CPA Audited Level as application #55734. Per the Somerset CPAs report, the Indirect Cost Schedule was audited in accordance with generally accepted government auditing standards issued by the Comptroller General of the United States and 48 CFR Part 31, with an audited indirect cost rate of 185.29%, facilities capital cost of money rate of 0.46% and expressed the opinion that these rates present fairly, in all material respects, the direct labor, fringe benefits, and general overhead of Lochmueller Group, Inc. for the period ending December 31, 2022. Indiana Department of Transportation (INDOT) accepts the use of these rates for invoicing of services provided during the firm's fiscal period covered by this report, for contracts with or administered through the agency. Acceptance of these rates for this use does not constitute "establishment of a rate by a cognizant agency" for the purpose of applying the regulations published in Title 23 CFR Sect. 172.7. INDOT also accepts the use of these rates as provisional rates for estimating, negotiating and billing current contracts with or administered through the agency. This provisional rate acceptance expires June 30, 2024. Costs billed to contracts with federal participation are subject to audit for compliance with the cost principles contained in 48 CFR Part 31. With the financial prequalification accepted at the CPA Audited Level, this firm is not restricted to total annual billings of less than $250,000.00 for a contract or contracts with or administered through INDOT. Total wages and salaries (not including bonuses, profit share, company retirement contributions, or other unallowable forms of indirect compensation) were submitted as $15,123,940 Direct and $11,582,392 Indirect, for a total of $26,706,332. www. in. gov/dot/ An Equal Opportunity Employer 0 Indiana AState that Woks INDIANA DEPARTMENT OF TRANSPORTATION 100 North Senate Avenue Room N749 Indianapolis, Indiana 46204 Eric Holcomb, Governor Michael Smith, Commissioner The audited financial submission for this firm documents the separation of direct and unallowable indirect vehicle operating cost, from allowable indirect vehicle operating costs. This firm may bill and be reimbursed for direct miles billed for contracted services in accordance with State statute and policy. Issues concerning the financial data submitted to the Agency and the allowable indirect cost rates accepted by External Audit are subject to the following procedures. All CPA workpapers used as the basis to establish an audited overhead rate must be made available to INDOT for review at a location of mutual agreement, as determined by INDOT and the consultant firm. The consultant firm named above is solely responsible for all costs billed by the firm's Independent CPA related to the review of the auditor's work papers by the agency. INDOT and American Council of Engineering Companies agreed to the implementation of a Dispute Resolution Procedure effective January 1, 2008. Firms wishing to dispute the indirect cost rates allowed by the agency may request a meeting with Natalya Clark, Manager of External Audit, (NClark(o)lNDOT. IN.GOV). This letter is for internal use only and shall not be used for any other purpose. Occasionally, INDOT receives requests from other state transportation agencies to share the financial data for firms providing financial prequalification submissions to our agency, and we may respond to those requests. Firms offering "engineering and design services", as defined under 23 USC 112(b) (2) (A), who have submitted financial data for Prequalification with INDOT will receive a notification from External Audit summarizing any such data provided and identifying the agency and contact person receiving the information. If you have any questions or concerns regarding your financial submission or the allowable indirect cost rate for your firm, you may contact External Audit directly. Sincerely, Kathleen Abbott, External Auditor Phone: 317-233-2162 kabbottl (a)INDOT.IN.GOV cc: Natalya Clark, Manager of External Audit, INDOT Crystal Weaver, Prequalification Engineer, INDOT John Leming, Consultant Prequalification Analyst, INDOT www.in.gov/dot/ An Equal Opportunity Employer 0 Indiana AState that Woks Additives Complexity Cost Duration Overhead INDOT Consultant Contracts Profit Calculation Worksheet Add On Select Low 0.0 Low/Mid 0.5 Mid 1.0 Mid/High 1.5 High 2.0 >$10,000,000 0.0 >$2,000,000 & <=$10,000,000 0.5 >$500,000 & <=$2,000,000 1.0 <=$500,000 1.5 <3 years 0.0 >=3 years & <5 years 0.3 >=5 years 0.7 >190% 0.0 >180% & <=190% 0.7 >160% & <=180% 1.4 >120% & <=160% 2.1 <=120% 2.8 Minimum Possible Rate 7.0% Maximum Possible Rate 14.0% 19 12/13/10 Base = 7.00 0.50% X 0.50% X 0.30 11 0.70 Calculated Total 9.00% BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: Name 11/15/2023 Gemma Stanton Department of Public Works — Engineering Division BPW Date: November 28th, 2023 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney ❑ Attorney Name Michael Schmidt Dept. Attorney ❑ Attorney Name Purchasing ❑ I Check the ADDroDriate Item TvDe — Reauired for All Submissions I N Professional Services Agreement U Contract U 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 n Other: n Ease./Encroach Company or Vendor Name Lochmueller New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information U Yes U If Yes, Approved by Purchasing ® No ❑ MBE Completed E-Verify Form Attached ❑ Nos Coal Line Trail Phase 3 123-007 (INDOT DES #2201235) TIF-River West 324-431002 1 PR-00029060 $349,710 LumD sum Award PSA for design of Coal Line Trail Phase 3. This is a project with INDOT that is eligible for 80% reimbursement of the PSA amount. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: