Loading...
HomeMy WebLinkAboutAmendment No 1 to PSA - Bendix Dr. Improvements (Lathrop to Voorde) Proj No. 122-047 - DLZ1316 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 January 23, 2024 Ms. Laurie D. Johnson, P.E. DLZ Indiana, LLC 2211 E. Jefferson Blvd. South Bend, IN 46615 Liohnson&dlz.com RE: Amendment No. 1 to Professional Services Agreement Dear Ms. Johnson: At its January 23, 2024 meeting, the Board of Public Works approved the above referenced amendment for design services for Bendix Drive improvements (Lathrop to Voorde), Project No. 121-047 in an amount not to exceed $270,954. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Hefner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM TO: Board of Public Works FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Bendix Ph 2 Amendment with DLZ 121-047 (Des # 2100022) DATE: January 23, 2024 Attached is Amendment #1 for the Bendix Ph 2 project from Lathrop to Voorde with DLZ Indiana. The original agreement approved the work to around 60% completion of the design. This was due to funding constraints and approval timing due to the federal fiscal year. This agreement brings the design to 100% as needed to complete the design. The project is expected to bid late 2026 with construction starting in 2027. The project will continue the roadway reduction from Ph 1, reducing the travel lanes from 4 to 3 (two through lanes with a center turn lane) and adding a separated path on the east side. The funding for this amendment is to be paid from RWTIF. The Redevelopment Commission has approved of the funds for this request. It is requested the Board of Public Works approve Amendment #1 with DLZ for the Bendix Ph 2 project PE phase of the project for a cost increase of $270,940 to the PSA bringing the revised contract amount to $1,048,050. Thank you for your consideration of this request. SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement No. 1 is made and entered into this 23rd. day of January, 2024, by and between the City of South Bend, Indiana, acting by and through its proper officials, hereinafter referred to as the "LPA", and DLZ Indiana, LLC, hereinafter referred to as the "CONSULTANT". WITNESSETH WHEREAS, the LPA and CONSULTANT did, on March 31, 2022 enter into an LPA-Consulting Contract (Contract) for the preparation of preliminary design and plans for reconstruction of Bendix Drive, Lathrop Street to Voorde Drive, with a road diet from 4 lanes to 3 lanes, a multi -use path construction and installation of storm sewer. WHEREAS, during the course of design, certain additional services, not included in the original Contract, have become necessary; specifically: • Additional Topographic Field Survey for the new basin location along Voorde Drive. • Completion of the Roadway Design (Appendix A, Section E) from 65% to 100%. • Completion of the Water Main and Sanitary Sewer Design (Appendix A, Section F) from 50% to 100% including existing sanitary sewer system evaluation and televising. • Completion of the Traffic Signal Design at Voorde Drive and Bendix Drive (Appendix A, Section G) from 40% to 100%. • Completion of the Traffic Signal Design at Lathrop Street and Bendix Drive (Appendix A, Section H) from 40% to 100%. • Additional Environmental Services required for the proposed basin location. • Additional soil borings and a percolation test at the proposed basin location. • Adjustment of the number of parcels for Right of Way Engineering and Right of Way Acquisition Services • Perform services related to Signal Timing Optimization. • Preparation and submission of the Construction Stormwater General Permit. • Preparation and submission of the IDEM Water Main Construction Permit. • Perform Bid and Construction Phase Office Services. NOW THEREFORE, the LPA and the CONSULTANT desire to amend the above referenced Contract as follows: Revise Section "IV" COMPENSATION as follows: 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 t"'�, ,-''�0$1,048,050.00. II. Revise Appendix "A" Section B.1.b. as follows: Along Voorde Drive from the centerline of Bendix Drive to 2150� 950" west. Width of topography to be 4r5 40 feet each side of existing roadway edge of pavement for a total width of approximately 80 feet. Additionally, Parcel 018-2184-6938, currently owned by Indiana District 11 Little League and located approximately 500-900 feet west of Bendix Drive, between Voorde Drive and Keller Street, will be surveyed as a potential basin location (approximately 350 ft x 410 ft). The LPA will make attempts at contacting the property owner prior to the survey fieldwork being performed. 1of12 Supplemental Agreement No. 1 III. Revise Appendix "A" Section 13.1.1., as follows: Alignments will be established along Bendix Drive from north of Lathrop Street to south of Voorde Drive (total length of 4500 feet) and along Lathrop Street and Voorde Drive (total length of 999 1,350 feet). IV. Revise Appendix "A" Section E.2, as follows: Lathrop Street approaches to Bendix Drive will only be reconstructed as far back as necessary to transition from their existing configuration to the proposed Bendix Drive layout. Voorde Drive will be reconstructed as far back as necessary to provide the necessary storm sewer outlet to the proposed basin location, up to approximately 850 feet. V. Revise Appendix "A" Section E.S.b, as follows: UP i on . hA" . id thy, 1-14all l cat.en fee the r ed st,,.-m seweF t,.,er-k. A basin will be sized and located on Parcel 018-2184-6938, which will be the outfall location for the proposed storm sewer network. The basin will be designed without an outlet or overflow, and sized in accordance with the City of South Bend Design and Construction Standards, dated June 26, 2018. In addition to the basin being sized for this project, an additional capacity will be estimated for collecting the stormwater for the remaining portion of Bendix Road up to Lincolnway West. This is a future project and the basin capacity will be confirmed at that time. VI. Delete and replace Appendix "A" Section E.9, as follows: 9. The LPA is considered a Certified LPA; therefore, formal submittal of preliminary plan milestones to INDOT is not required. The plans and supporting design documents will be submitted as follows: a. Stage 1, Preliminary Field Check (PFC), and Stage 3 plans will be submitted to the LPA for review. Final Tracings, calculations, and supporting documentation in accordance with IDM Chapter 14 will be submitted to INDOT. VII. Delete Appendix "A" Section E.10 in its entirety. Vill. Delete Appendix "A" Section F.5 in its entirety . IX. Delete Appendix "A" Section G.3 in its entirety. X. Delete Appendix "A" Section H.3 in its entirety. 2of12 Supplemental Agreement No. 1 * Allowance amounts are estimates only. Actual amounts to be invoiced will be based on actual subconsultant's invoices and/or DLZ hourly rates in accordance with actual services provided ** Amounts are estimates only. Actual amounts to be invoiced will be based on actual number of parcels and/or Tax IDs. *** Amounts shown are estimates only. Actual amounts to be invoiced will be based on actual subconsultant's invoices and/or DLZ hourly rates in accordance with actual services provided based on the approved INDOT rate schedule effective at the time of performance of services. Toll telephone calls, printing, mailing, FAX costs required for the permits enumerated hereinabove will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D", Section A.2. The cost of permit application/regulatory fees will be considered as a reimbursable expense. The CONSULTANT shall not be paid for any services performed by the LPA or not required to develop this project. XVIII. Delete Appendix "D" Section B.2 in its entiretv and replace with the following: 1. The LPA, for and in consideration of the rendering of the engineering services provided for in Appendix "A", agrees to pay to the CONSULTANT for rendering such services the fees established above in the following manner: a. The amount invoiced based upon percent complete or the contract unit price, except that: i. Upon completion of the geotechnical fieldwork, the first submission of the Geotechnical Report and the Geotechnical Profile Drawings to the LPA, the CONSULTANT may submit a request for payment for the soils field work. (a) Upon completion of the field investigation (cores and soil borings) 80% (b) Upon Completion of the Final Report 100% ii. The maximum payment for Roadway Design Plans shall be in accordance with the following schedule: (a) Stage 1 5" 35% (b) Preliminary Field Check (PFC) 9-5%65% (c) Stage (Nata fa-R .al 1NQQT i00% (d) Stage 3 90% (e) Final Tracings 100% ;FegFessing the —des+gRplans to an !Stage 2(5594) level @nd- th-at a CiRal T-Fa GiRgs iv. Payment for any item not otherwise set out herein shall be made based upon percentage of completion. M. Delete Items 42, 46, 47, and 51 through 57 in Appendix "E" Section A, in their entirety. 10 of 12 Supplemental Agreement No. 1 XI. Add Items 2 & 3 to Appendix "A", Section J, as follows: 2. The CONSULTANT shall perform the following tasks for the proposed basin location: a. Additional Project Management: This task includes all file management, subconsultant management, review of project budget, and general project management activities associated with the preparation of the CE document. b. Perform additional field reconnaissance to verify that the INDOT Level 2 CE impact criteria and thresholds would not be exceeded by the project, and to collect information on resources within the project area. c. Update preliminary resource information about the project and project area including supporting maps and photographs (aerial and ground). d. Prepare an addendum Red Flag Investigation (RFI) using the current INDOT template, including IDEM Virtual File Cabinet Data review. The RFI was approved for the original scope of services on April 19, 2023. e. Update Section 106 Minor Projects Programmatic Agreement submittal for added basin and submit to INDOT. The original scope of services required a Category A submittal. A Category a submittal is now required due the added basin and archaeological requirement for work in potentially undisturbed soils. 3. The CONSULTANT shall perform a Phase la Archaeological Investigation: a. Conduct a literature review to check the State Historic Architectural and Archaeological Research Database (SHAARD) files and other resources at the Indiana Department of Natural Resources — Division of Historic Preservation and Archaeology (DHPA) to determine if any investigations have been conducted within the study area, and if previously identified sites are located within the project area. The records check study area will extend for 0.8 kilometers (0.5 miles) surrounding the project area. b. A standard methodology for a Phase la Archaeological survey includes surface collection/survey and the excavation of shovel test probes (STP). Surface collection/survey occurs when there is at least 30 percent surface visibility and well weathered surface conditions, generally within agricultural fields. The area is examined via pedestrian survey, with transects spaced at no more than 10-meter (32.8- foot) intervals. When subsurface testing is required, STPs are placed at 15-meter (50- foot) intervals along systematically spaced transects. In areas where sites are identified, the interval will be reduced to 5 meters (16.4 feet) to better defined site boundaries, artifact distributions, and to identify possible feature remnants. STPs will be 30 centimeters (12 inches) in diameter and extend to a depth to penetrate the subsoil by at least 5 centimeters (2 inches). Soil will be examined via screening through 0.64-centimeter (0.25-inch) mesh hardware cloth. Soil and sod will be replaced following the completion of the STP. c. STP information will be recorded on standardized forms, with notes regarding soil color, texture, depth, inclusions, and artifact content. Photographs will be taken of the project area, sites encountered, and representative STPs. Archaeological sites identified during the survey will be mapped and photographed in the field, and GPS will be used to record locations. In addition, cultural artifacts encountered will be collected for analysis. If large numbers of artifacts, particularly historic artifacts, are encountered, or if large bulky artifacts are encountered, notes and photographs will be taken regarding the resources, but discretion will be used in collecting these items. 3of12 Supplemental Agreement No. 1 d. It is assumed that the majority of the project will be disturbed because of urban development and will just require disturbance assessment, and the area of the detention basin appears to have been the location of a baseball field complex and no more than 30 STPs will be required. It is also anticipated that no archaeological sites will be recorded and that only an Archaeological Short Report (ASR) will be required for reporting the results. e. The Phase la ASR will summarize results of the literature review, will document results of fieldwork, and provide a summary of the natural and cultural setting of the project area. f. If a site is located, artifacts collected during the survey will be taken to the laboratory for processing and analysis. Following artifact analysis, the CONSULTANT will prepare a full archaeological report that meets INDOT standards. This report will summarize the results of the literature review, document the results of fieldwork, and provide a summary of the natural and cultural setting of the project area. Finally, the report will provide management recommendations regarding archaeological sites identified during the survey. g. Notes, photographs, documentation, and artifacts will be curated at an accredited curatorial facility, such as the Indiana State Museum, pending donation by the landowner. Artifacts and notes will be processed to meet the standard for permanent storage at the accredited curatorial facility. If no sites are identified, the CONSULTANT will retain the project documentation at their offices for a standard 5 years. h. Archaeological Phase 1b, 1c, Phase 11, or Phase Ill Investigations or any tasks associated with the discovery of human remains are not included. i. Subconsultant services will be required all or part of this scope item. XII. Revise Section 0 and 0.1 in Appendix "A", as follows: The CONSULTANT shall make or cause to be made, a complete roadway geotechnical investigation to be in accordance with the Geotechnical Manual, INDOT Materials and Tests Division, 2016 Edition, of which a copy is on file with the Indiana Department of Transportation and same is incorporated herein by reference and is made a part hereof. The Geotechnical investigation shall include up to -7 8 roadway borings to a depth of 15 feet and up to 2 3 borings to a depth of 25 feet for proposed traffic signals and proposed basin location. Location of the borings are to be determined. An allowance of $'0�00 $35,800.00 has been included for the CONSULTANT and/or SUBCONSULTANT to perform Geotechnical Investigation services, as directed and described below. XIII. Add item 3 to Appendix "A", Section 0, as follows: 3. A percolation test will occur on the proposed basin site. The LPA will make attempts at contacting the property owner prior to the CONSULTANT performing or causing this work to be performed. 4of12 Supplemental Agreement No. 1 XIV. Revise Section Q.1 in Appendix "A", as follows: In fulfillment of this Contract, the CONSULTANT shall comply with the requirements of the appropriate regulations and requirements of the Indiana Department of Transportation and Federal Highway Administration. It is anticipated the project requires acquisition from approximately -14 8 parcels. XV. Add Section V, W, X, and Y to Appendix "A", as follows: V. Existing Sewer System Evaluation and Televising The CONSULTANT shall perform or cause to perform video inspection of the existing 24- inch and 18-inch combined sewer along Bendix Drive. 1. The anticipated limits of this work are from the first manhole approximately 260 feet south of Voorde Drive to the manhole approximately 500 feet north of Voorde Drive. 2. The CONSULTANT shall review videos and provide recommendations for rehabilitation or replacement, if necessary. Recommendations will be documented in email correspondence to the LPA. 3. A Subconsultant services may be required to perform all or part of this scope item. W. Traffic Signal Timing Optimization The CONSULTANT shall develop optimized signal timing — cycle lengths and splits —for the Bendix Drive/Lathrop Street and Bendix Drive/Voorde Drive intersections for the AM peak, PM peak, and off-peak hours using Synchro software and develop signal timing recommendations. 1. Traffic counts will be collected for the AM and PM peak hours during the hours of 7-9 AM (or 6-8 AM) and 4-6 PM. 2. The CONSULTANT shall determine the appropriate vehicle clearance intervals based on the recommended minimums published by the Institute of Transportation Engineers. 3. The CONSULTANT shall present the recommended signal timings in a letter format memo. 4. It is assumed that the signals will operate with the phase sequence operation as shown on the final traffic signal design plans. 5. Left turn phase warrant and corridor signal progression analysis is not included in the scope. X. Permitting The CONSULTANT shall prepare and submit the application and back-up documentation for the following permits: 1. Construction Storm water General Permit (CSGP): The CONSULTANT shall prepare and submit the documentation required to apply for permit coverage under the CSGP. The scope shall include the following: a. Prepare a Storm Water Pollution Prevention Plan Report document to include the following: 5of12 Supplemental Agreement No. 1 i. Using existing and available GIS information, show vicinity map, legal description of project site, hydrologic 14-digit unit code, location of all wetlands, lakes, and water courses in vicinity of project. Identify existing vegetation, drainage patterns, adjacent land use, potential discharges to groundwater, and ultimate receiving waters on the project site. ii. Provide maps showing the Floodplains, Floodways, and Floodway Fringes, if applicable. Note any State or Federal water quality permits (i.e. DNR, Army Corps, etc.) required. iii. Determine soil types within the project area using the NRCS soil map — no actual soil samples will be performed. iv. Calculate Pre -Construction and Post Construction Estimate of Peak Discharge. v. Develop sequence describing storm water quality measure implementation relative to land disturbing activities. vi. Document elements of this SWPPP where applicable within the Report, including but not limited to, sediment control, runoff control, inlet protection, pollutant sources, Best Management Practice (BMP) implementation, and temporary and final stabilization methods. b. Prepare Storm Water Pollution Prevention Plan (SWPPP). i. Base drawings should indicate the following: • Plat or Survey of existing project site. • Location and approximate boundaries of all disturbed areas with construction limits clearly shown. • Location of all lots and proposed site improvements. • Existing site topography at an interval appropriate to show detailed drainage patterns. • Proposed final site topography at an interval appropriate to show detailed drainage patterns. • Location, size and dimensions of proposed storm water system. • Pre -Construction and Post Construction Infiltration Rates. • Location, size and dimensions of proposed Best Management Practices. • Location of all environmentally sensitive areas on the site (i.e. wetlands) • Specific points where stormwater will leave the site. ii. The SWPPP will show the location, dimensions, and construction details for all erosion control measures required, including but not limited to, temporary and permanent erosion control measures, water quality measures, perimeter control and stable construction entrances. It will also delineate the disturbed and preserved areas and proposed locations of soil stockpiles and borrow areas and other staging elements, as required. c. Submit Report and SWPPP to the local reviewing agency for 30-day review period. d. Monitor the approval process and provide customary additional information that may be required to secure permit approval. e. Prepare and publish the Public Notice. f. Complete draft application via the IDEM Regulatory ePortal, including upload of proof of publication and local review agency approval forms. Provide completed State Form 56679 Construction Stormwater Signed Certification for Owner signature. g. Submit final application to IDEM Regulatory ePortal along with $1001DEM permit fee. Submit State Form 56679 via mail no later than 48 hours prior to start of construction. 6of12 Supplemental Agreement No. 1 h. IDEM will provide Notice of Sufficiency directly to the LPA documenting the approved permit number. i. If requested, assist with submission of Notice of Termination form via the IDEM Regulatory ePortal at completion of construction. 2. IDEM Water Main Construction Permit: The CONSULTANT shall prepare and submit the application and back-up documentation for the Indiana Department of Environmental Management (IDEM) Construction Permit for water main. 3. Permit fees, noted above, shall be paid by CONSULTANT at the time of submission. The CONSULTANT shall monitor the approval process and provide any additional information that may be required to secure the permit(s). Y. Bid and Construction Phase Office Services 1. The CONSULTANT shall provide Bid phase services, which shall include the following tasks: a. Review the final construction documents distributed by INDOT for bidding purposes for conformance with the CONSULTANT's final tracings submittal. b. Issue contract document modifications, as appropriate to interpret, clarify or expand the Bidding Documents that are not directly related to an error or omission by the CONSULTANT. c. Consult with the LPA concerning and determine the acceptability of substitute materials and equipment proposed by the Contractor when substitution prior to the award of contract is allowed by the Bidding Documents. d. Answer any bidder questions at the request of INDOT during the bidding process. 2. The CONSULTANT shall provide Construction Phase Office services, which shall include the following tasks: a. Attend the pre -construction meeting. b. Provide design support to the LPA's Resident Project Engineer, as required and as directed by the LPA. The CONSULTANT will meet at the project site with the LPA or their Resident Project Engineer, as required and as directed by the LPA, to assist in resolution of matters that may arise during construction of the project. c. Review or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Requests for Information (RFI), Product Data and Samples for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. The CONSULTANT's action shall be taken with such reasonable promptness as to cause no delay in the Work or in the activities of the LPA, the Contractor or separate contractors, while allowing sufficient time in the CONSULTANT's professional judgment to permit adequate review. Review of such submittals is not conducted for the purpose of determining the accuracy and completeness of other details such as dimensions and quantities, or for substantiating instructions for installation or performance of equipment or systems, all of which remain the responsibility of the Contractor as required by the Contract. The CONSULTANT's review shall not constitute approval of safety precautions or, of any construction means, methods, techniques, sequences, or procedures. The CONSULTANT's approval of a specific item shall not indicate approval of an assembly of which the item is a component. 7of12 Supplemental Agreement No. 1 d. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of the Contractor by the Contract Documents, the CONSULTANT shall specify appropriate performance and design criteria that such services must satisfy. Shop Drawings and other submittals related to the work designed or certified by the design professional retained by the Contractor shall bear such professional's written approval when submitted to the CONSULTANT. The CONSULTANT shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals. e. Following Utility Coordination Certification, utility coordination services shall include, issuing notice to proceed for utility relocation to begin, on site field observation (as requested), acting as a liaison between utility companies and the LPA, assisting the LPA's Resident Project Engineer, as requested, with tracking and correspondence with utilities, answering questions, interpreting plans, reviewing utility work plan revisions, and coordinating utility relocation activities. 3. The CONSULTANT shall provide Bid and Construction Phase Office Services, as listed above, up to the level of effort reflected by the fee provided in Appendix D. The LPA acknowledges that additional funds may be necessary if the level of effort exceeds that which is agreed upon in Appendix D. XVI. Delete Appendix "C" Section 3.e in its entirety. The Remainder of This Page Intentionally Left Blank 8of12 Supplemental Agreement No. 1 XVII. Revise Appendix "D", Sections A.1 and A.2, as follows: A. Amount of Payment 1. The CONSULTANT shall receive as payment for the work performed under this Agreement the total fee not to exceed c'7'�00 $1,048,050.00 unless a modification of this agreement is approved in writing by the LPA. 2. The CONSULTANT will be paid for the work performed under Appendix "A" of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: Task Description Amount A. Project Management $59,300.00 B. Topographic Field Survey c�n� $56, 600.00 C. Location Control Route Survey Plat (LCRSP) $8,900.00 D. Subsurface Utility Engineering (Allowance)* $65 700.00 E. Roadway Design Plans (PFe►:....,:.,,..-., $323,010.0o $453, 600.00 F. Water Main and Sanitary Sewer Design (PFe miner- • Planq $39,800.00 $79,600.00 G. Traffic Signal Design at Voorde Drive and Bendix Drive (AFeuw. nart • $9,goo.0o $20,200.00 H. Traffic Signal Design at Lathrop Street and Bendix Drive (Pr-e4., nGr-y co�0() $22,700.00 I. 1 Pavement Design $7,300.00 J. Environmental Document Preparation (NEPA) c23� $34,400.00 K. Waters of the US Determination Report $6,700.00 L. Public Information/Design Hearing Meeting (Hourly Rate) $17,400.00 M. Airport and Railroad Coordination (Allowance)* $18,400.00 N. Utility Coordination $21,800.00 O. Geotechnical Investigation (Allowance)* 0 $35,800.00 P. Right of Way Engineering Services** 1. Title Abstracting (Est. 2913 Tax 1Ds @ $550.00 ea.) =_c, $7,150.00 2. Right of Way Engineering & Plans (Est. 34 8 Parcels @ $3,100.00 ea.) _ Can inn nn 24,800.00 3. Right of Way Staking (Est. 418 Parcels @ $500.00 ea.) = cry7` $4,000.00 � $35,950.00 Q. Right of Way Acquisition Services*** 1. Right of Way Early Assessment (118 @ Est. $140.00 ea.) = $1,540.00 2. Appraisal Problem Analysis (34 8 @ Est. $260.00) = 4860.00-$2,080.00 3. Appraisal Services (34 8 @ Est. $2,000.00) = r"Z^^�00-$16,000.00 4. Appraisal Review Services (34 8 @ Est. $1,000.00) = r"�&$8,000.00 $37,490-08 $27,200.00 R. Existing Sewer System Evaluation and Televising $7,300.00 S. Traffic Signal Timing Optimization $6,600.00 T. Permitting $8,600.00 U. Bid and Construction Phase Office Services $54,000.00 Total = $1,048,050. 9of12 Supplemental Agreement No. 1 XX. Amendment: Supplement Agreement No. 1 increases the current contract fee of $777,110.00 by $270,940.00 to $1,048,050.00. All other terms and conditions as set forth in the original Contract dated March 31, 2022 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the CONSULTANT that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1. CONSULTANT LOCAL PUBLIC AGENCY DLZ Indiana, LLC CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Signature NJ Laurie D. Johnson, P.E., Vice President (Print or type name and title) Attest: J"'A'o,titX Si nature Anthony M. Glenn, P.E., Project Manager (Print or type name and title) Elizabeth A. Maradik, President Joseph R. Molnar, Vice President PQJ " 6i 04'� Gary A. Gilot, Member Briana Micou, Member Murray L. Miller, Member ATTEST: Theresa M. Heffner, Clerk Date: January 23, 2024 11 Supplemental Agreement No. 1 ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Laurie D. Johnson, Vice President and Anthony M. Glenn, Project Manager, of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each acknowledged the execution of the foregoing agreement on this day of , 2023 and each acknowledged and stated that he is the party authorized by the said firm to execute the foregoing agreement. Witness my hand and seal the said last named date. My Commission Expires: December 18, 2024 County of Residence: St. Joseph STATE OF INDIANA Mary Ann Myers, Notary Public KNOWLEDGMENT COUNTY OF SS: Before me, the undersigned Notary Public in and for said County personally appeared Elizabeth A. Maradik, President, Joseph R. Molnar, Vice President, Gary A. Gilot, Member, Breana Micou, Member, Murray L. Miller, Member and Theresa M. Heffner Member, of the City of South Bend, Indiana Board of Public Works and acknowledged the execution of the foregoing agreement on this JIJ. day of FNotary D. HENSLEY Witness m hand and seal the said last named date.ty-SPublt-seal Y ty State of Indiana umber NP0732150 Expires Mar 3, 2029 My Commission Expires: V V 1 011 L. 1,1 3. "� ci --� 9 County of Residence: ,-�A • '� 0sfph , -I'-rdi'a n R Not y Public 1 12 of 12 Supplemental Agreement No. 1 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: Name January 16, 2024 Leslie Biek Department of Public Works — Engineering Division BPW Date: January 23, 2024 Phone Extension: 9323 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ❑ Attorney Name Purchasing I Check the ADDroDriate Item TVDe — Reauired for All Submissions I U 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 New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Information DLZ Indiana U Yes❑ If Yes, Approved by Purchasing ® No E] MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos Bendix Drive Improvements (Lathrop to Voorde) 121-047; INDOT DES2100022; PROJ 338 PO 15848 RWTIF $270,940 NTE Design and R/W professional services for Bendix Ph 2. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: New Completion Date: Increase % Decrease ( %) Increase % Decrease ( %)