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HomeMy WebLinkAboutPSA - Planning Market District Improvements Proj No. 123-053 – American Structurepoint, 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 TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS February 13, 2024 Mr. Benjamin Borcherding, P.E. American Structurepoint, Inc. 9025 River Road, Suite 200 Indianapolis, IN 46240 bborcherding_gstructurepoint. com RE: Professional Services Agreement Dear Mr. Borcherding: At its February 13, 2024 meeting, the Board of Public Works approved the above referenced agreement for engineering services for planning Market District improvements, Project No. 123-053 in the amount of $2,944,122; work completed in twenty-seven (27) months from the notice to proceed. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensleyksouthbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, Is/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou INTER -OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENVIRONMENTAL SERVICES TO: Board of Public Works Theresa Heffner, Clerk FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: PSA with American Structurepoint for Market District Planning PN 123-053 DATE: February 13, 2023 Last year, the City received the RAISE grant for the planning and preliminary engineering services for projects aimed at the removal of the freeway -like ramps and the introduction of interconnected multimodal streets in the Market District Area as outlined in the South Bend Market District Study done in 2022. The City has selected American Structurepoint based on proposals received for the project. The scope includes planning, survey, preliminary environmental, and preliminary engineering for priority projects in the district. This agreement is expected to take 27 months to complete these services. The grant will reimburse the City 80% of the contract costs. The City's 20% will come from REDA TIF and the remainder that will be reimbursed with federal funds will come from RW TIF. It is requested the Board of Public Works approve the professional service agreement with American Structurepoint for the preliminary engineering services for the Market District project for a contract cost of $2,944,112.00. w Rolr��" Project Location This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Laws and Regulations. AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly by ACEC AMLMIC,A CO-CIL ov L'NQINGLHIN6 COAIY.WRS ASCEAmerican Society of Civil Engineers A C of Amenca R TxEA9S OCWTEDCEMEW%LCi)mTR-VCn]k$4]r a ERI[.a Qwlids Prop Itr. QualiLy Plrood National Society of Professional Engineers Professional Engineers in Private Practice AMERICAN COUNCIL OF ENGINEERING COMPANIES ASSOCIATED GENERAL CONTRACTORS OF AMERICA AMERICAN SOCIETY OF CIVIL ENGINEERS PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE A Practice Division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. For guidance on the completion and use of this Agreement, see EJCDC User's Guide to the Owner -Engineer Agreement, EJCDC E-001, 2009 Edition. Copyright © 2008 National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794 (703) 684-2882 www.nspeorg American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005 (202) 347-7474 www.acec.or American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400 (800) 548-2723 www.asce.or Associated General Contractors of America 2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308 (703) 548-3118 The copyright for this EJCDC document is owned jointly by the four EJCDC sponsoring organizations and held in trust for their benefit by NSPE. EJCDC E-500 Standard Form of Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. TABLE OF CONTENTS Page ARTICLE 1 — SERVICES OF ENGINEER.................................................................................................... 1 1.01 Scope............................................................................................................................................. 1 ARTICLE 2 — OWNER'S RESPONSIBILITIES............................................................................................ 1 2.01 General..........................................................................................................................................1 ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES........................................................................ 2 3.01 Commencement............................................................................................................................ 2 3.02 Time for Completion.................................................................................................................... 2 ARTICLE 4 — INVOICES AND PAYMENTS............................................................................................... 2 4.01 Invoices......................................................................................................................................... 2 4.02 Payments....................................................................................................................................... 2 ARTICLE 5 — OPINIONS OF COST.............................................................................................................. 3 5.01 Opinions of Probable Construction Cost..................................................................................... 3 5.02 Designing to Construction Cost Limit......................................................................................... 3 5.03 Opinions of Total Project Costs................................................................................................... 3 ARTICLE 6 — GENERAL CONSIDERATIONS........................................................................................... 4 6.01 Standards of Performance............................................................................................................ 4 6.02 Design Without Construction Phase Services............................................................................. 5 6.03 Use of Documents........................................................................................................................ 5 6.04 Insurance....................................................................................................................................... 7 6.05 Suspension and Termination........................................................................................................ 7 6.06 Controlling Law............................................................................................................................ 9 6.07 Successors, Assigns, and Beneficiaries........................................................................................ 9 6.08 Dispute Resolution..................................................................................................................... 10 6.09 Environmental Condition of Site............................................................................................... 10 6.10 Indemnification and Mutual Waiver..........................................................................................10 6.11 Miscellaneous Provisions........................................................................................................... 11 ARTICLE 7 — DEFINITIONS........................................................................................................................ 12 7.01 Defined Terms............................................................................................................................12 ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS.......................................................................... 15 8.01 Exhibits Included........................................................................................................................ 15 8.02 Total Agreement......................................................................................................................... 16 8.03 Designated Representatives........................................................................................................ 16 8.04 Engineer's Certifications............................................................................................................. 16 ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE AGREEMENT BETWEEN OWNER AND ENGINEER FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT effective as of ("Effective Date") between Board of Public Works, City of South Bend, Indiana ("Owner") and American Structurepoint, Inc. ("Engineer"). Owner's Project, of which Engineer's services under this Agreement are a part, is generally identified as follows: City of South Bend, The Market District Improvement ("Project"). Engineer's services under this Agreement are generally identified as follows: Project Management, Planning Phase — Planning and Programing, Environmental, Traffic Analysis; Preliminary Engineering Phase —Survey, Roadway Design, Bridge Design, Utilities, Geotechnical Services Owner and Engineer further agree as follows: ARTICLE 1— SERVICES OF ENGINEER 1.01 Scope A. Engineer shall provide, or cause to be provided, the services set forth herein and in Exhibit A. ARTICLE 2 — OWNER'S RESPONSIBILITIES 2.01 General A. Owner shall have the responsibilities set forth herein and in Exhibit B. B. Owner shall pay Engineer as set forth in Exhibit C. Page 1 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 C. Owner shall be responsible for, and Engineer may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by Owner to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 — SCHEDULE FOR RENDERING SERVICES 3.01 Commencement A. Engineer is authorized to begin rendering services as of the Effective Date. 3.02 Time for Completion A. Engineer shall complete its obligations within a reasonable time. Specific periods of time for rendering services are set forth or specific dates by which services are to be completed are provided in Exhibit A, and are hereby agreed to be reasonable. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer's services is impaired, or Engineer's services are delayed or suspended, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. C. If Owner authorizes changes in the scope, extent, or character of the Project, then the time for completion of Engineer's services, and the rates and amounts of Engineer's compensation, shall be adjusted equitably. D. Owner shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer's performance of its services. E. If Engineer fails, through its own fault, to complete the performance required in this Agreement within the time set forth, as duly adjusted, then Owner shall be entitled, as its sole remedy, to the recovery of direct damages, if any, resulting from such failure. ARTICLE 4 — INVOICES AND PAYMENTS 4.01 Invoices A. Preparation and Submittal of Invoices: Engineer shall prepare invoices in accordance with its standard invoicing practices and the terms of Exhibit C. Engineer shall submit its invoices to Owner on a monthly basis. Invoices are due and payable within 35 days of receipt. 4.02 Payments A. Application to Interest and Principal: Payment will be credited first to any interest owed to Engineer and then to principal. B. Failure to Pay: If Owner fails to make any payment due Engineer for services and expenses within 30 days after receipt of Engineer's invoice, then: Page 2 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 fi_T!lT.�7STT�:Et'iiTltit7�.F .T/:!!:'iME 16" 2. Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement until Owner has paid in full all non -disputed amounts due for services, expenses, and other related charges. Owner waives any and all claims against Engineer for any such suspension. C. Disputed Invoices: If Owner contests an invoice, Owner shall promptly advise Engineer of the specific basis for doing so, may withhold only that portion so contested, and must pay the undisputed portion. D. Legislative Actions: If after the Effective Date any governmental entity takes a legislative action that imposes taxes, fees, or charges on Engineer's services or compensation under this Agreement, then the Engineer may invoice such new taxes, fees, or charges as a Reimbursable Expense to which a factor of 1.0 shall be applied. Owner shall reimburse Engineer for the cost of such invoiced new taxes, fees, and charges; such reimbursement shall be in addition to the compensation to which Engineer is entitled under the terms of Exhibit C. ARTICLE 5 — OPINIONS OF COST 5.01 Opinions of Probable Construction Cost A. Engineer's opinions of probable Construction Cost are to be made on the basis of Engineer's experience and qualifications and represent Engineer's best judgment as an experienced and qualified professional generally familiar with the construction industry. However, because Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over contractors' methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by Engineer. If Owner requires greater assurance as to probable Construction Cost, Owner must employ an independent cost estimator as provided in Exhibit B. 5.02 Designing to Construction Cost Limit A. If a Construction Cost limit is established between Owner and Engineer, such Construction Cost limit and a statement of Engineer's rights and responsibilities with respect thereto will be specifically set forth in Exhibit F, "Construction Cost Limit," to this Agreement. 5.03 Opinions of Total Project Costs A. The services, if any, of Engineer with respect to Total Project Costs shall be limited to assisting the Owner in collating the various cost categories which comprise Total Project Costs. Engineer assumes no responsibility for the accuracy of any opinions of Total Project Costs. Page 3 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 ARTICLE 6 — GENERAL CONSIDERATIONS 6.01 Standards of Performance A. Standard of Care: The standard of care for all professional engineering and related services performed or furnished by Engineer under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Engineer makes no warranties, express or implied, under this Agreement or otherwise, in connection with Engineer's services. B. Technical Accuracy: Owner shall not be responsible for discovering deficiencies in the technical accuracy of Engineer's services. Engineer shall correct deficiencies in technical accuracy without additional compensation, unless such corrective action is directly attributable to deficiencies in Owner -furnished information. C. Consultants: Engineer may employ such Consultants as Engineer deems necessary to assist in the performance or furnishing of the services, subject to reasonable, timely, and substantive objections by Owner. D. Reliance on Others: Subject to the standard of care set forth in Paragraph 6.0l.A, Engineer and its Consultants may use or rely upon design elements and information ordinarily or customarily furnished by others, including, but not limited to, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. E. Compliance with Laws and Regulations, and Policies and Procedures: Engineer and Owner shall comply with applicable Laws and regulations. 2. Prior to the Effective Date, Owner provided to Engineer in writing any and all policies and procedures of Owner applicable to Engineer's performance of services under this Agreement. provided to Engineer in writing. Engineer shall comply with such policies and procedures, subject to the standard of care set forth in Paragraph 6.0l.A, and to the extent compliance is not inconsistent with professional practice requirements. This Agreement is based on Laws and Regulations and Owner -provided written policies and procedures as of the Effective Date. Changes after the Effective Date to these Laws and Regulations, or to Owner -provided written policies and procedures, may be the basis for modifications to Owner's responsibilities or to Engineer's scope of services, times of performance, or compensation. F. Engineer shall not be required to sign any documents, no matter by whom requested, that would result in the Engineer having to certify, guarantee, or warrant the existence of conditions whose existence the Engineer cannot ascertain. Owner agrees not to make resolution of any dispute with the Engineer or payment of any amount due to the Engineer in any way contingent upon the Engineer signing any such documents. G. The general conditions for any construction contract documents prepared hereunder are to be the "Standard General Conditions of the Construction Contract" as prepared by the Engineers Joint Page 4 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 Contract Documents Committee (EJCDC C-700, 2007 Edition) unless both parties mutually agree to use other general conditions by specific reference in Exhibit J. H. Engineer shall not at any time supervise, direct, control, or have authority over any contractor work, nor shall Engineer have authority over or be responsible for the means, methods, techniques, sequences, or procedures of construction selected or used by any contractor, or the safety precautions and programs incident thereto, for security or safety at the Site, nor for any failure of a contractor to comply with Laws and Regulations applicable to such contractor's furnishing and performing of its work. I. Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform the Work in accordance with the Contract Documents. J. Engineer shall not provide or have any responsibility for surety bonding or insurance -related advice, recommendations, counseling, or research, or enforcement of construction insurance or surety bonding requirements. K. Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor, or Supplier, or of any of their agents or employees or of any other persons (except Engineer's own agents, employees, and Consultants) at the Site or otherwise furnishing or performing any Work; or for any decision made regarding the Contract Documents, or any application, interpretation, or clarification, of the Contract Documents, other than those made by Engineer. L. While at the Site, Engineer's employees and representatives shall comply with the specific applicable requirements of Contractor's and Owner's safety programs of which Engineer has been informed in writing. 6.02 Design Without Construction Phase Services A. Engineer shall be responsible only for those Construction Phase services expressly required of Engineer in Exhibit A, Paragraph A1.05. With the exception of such expressly required services, Engineer shall have no design, Shop Drawing review, or other obligations during construction and Owner assumes all responsibility for the application and interpretation of the Contract Documents, review and response to Contractor claims, contract administration, processing Change Orders, revisions to the Contract Documents during construction, construction surety bonding and insurance requirements, construction observation and review, review of payment applications, and all other necessary Construction Phase engineering and professional services. Owner waives all claims against the Engineer that may be connected in any way to Construction Phase engineering or professional services except for those services that are expressly required of Engineer in Exhibit A, Paragraph A1.05. 6.03 Use of Documents A. The Owner acknowledges the Engineer's construction documents, including all electronic files, as instruments of professional services. Nevertheless, the final construction documents, including all electronic files, prepared under this agreement shall become the property of the Owner upon completion of services and payment in full of all monies due to the Engineer. The Owner shall not reuse or make any modification to the construction documents without the prior written authorization of the Engineer. All T,,,etff eats are instmments of sery ee in f0speet t0 this PFE, eet Page 5 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 and Engineer- shall retain an owner -ship a -ad pf:epef:�y ifi4er-est thef:ein (ineluding the eepyf:igh4 an the r-igh4 of r-euse at the diser-etion of the Engineer-) whether- or- not the Pr-0jeet is eomp! Owner shall not rely in any way on any Document unless it is in printed form, signed or sealed by the Engineer or one of its Consultants. B. Either party to this Agreement may rely that data or information set forth on paper (also known as hard copies) that the parry receives from the other parry by mail, hand delivery, or facsimile, are the items that the other party intended to send. Files in electronic media format of text, data, graphics, or other types that are furnished by one parry to the other are furnished only for convenience, not reliance by the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. If the parties agree to other electronic transmittal procedures, such are set forth in Exhibit J. C. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data's creator, the parry receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any transmittal errors detected within the 60-day acceptance period will be corrected by the party delivering the electronic files. D. When transferring documents in electronic media format, the transferring parry makes no representations as to long-term compatibility, usability, or readability of such documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the documents' creator. E. Owner may make and retain copies of Documents for information and reference in connection with use on the Project by Owner. Engineer grants Owner a limited license to use the Documents on the Project, extensions of the Project, and for related uses of the Owner, subject to receipt by Engineer of full payment for all services relating to preparation of the Documents and subject to the following limitations: (1) Owner acknowledges that such Documents are not intended or represented to be suitable for use on the Project unless completed by Engineer, or for use or reuse by Owner or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation by Engineer; (2) any such use or reuse, or any modification of the Documents, without written verification, completion, or adaptation by Engineer, as appropriate for the specific purpose intended, will be at Owner's sole risk and without liability or legal exposure to Engineer or to its officers, directors, members, partners, agents, employees, and Consultants; (3) Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from any use, reuse, or modification of the Documents without written verification, completion, or adaptation by Engineer; and (4) such limited license to Owner shall not create any rights in third parties. F. If Engineer at Owner's request verifies the suitability of the Documents, completes them, or adapts them for extensions of the Project or for any other purpose, then Owner shall compensate Engineer at rates or in an amount to be agreed upon by Owner and Engineer. G. At completion of any survey services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all survey data and drawings, upon which it will become the property of the Owner. Page 6 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 H. At completion of any traffic study services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data and models, upon which it will become the property of the Owner. I. At completion of any geotechnical or material investigation services and upon payment of monies due the Engineer for those services, the Engineer shall provide the owner with all data, upon which it will become the property of the Owner. 6.04 Insurance A. Engineer shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Engineer shall cause Owner to be listed as an additional insured on any applicable general liability insurance policy carried by Engineer. B. Owner shall procure and maintain insurance as set forth in Exhibit G, "Insurance." Owner shall cause Engineer and its Consultants to be listed as additional insureds on any general liability policies and as loss payees on any property insurance policies carried by Owner which are applicable to the Project. C. Owner shall require Contractor to purchase and maintain policies of insurance covering workers' compensation, general liability, property damage (other than to the Work itself), motor vehicle damage and injuries, and other insurance necessary to protect Owner's and Eogineeil interests in the Project. Owner- shall require Coatfaetor- to eattse Engineer- and its Constdtan4s to be listed as D. Engineer shall eaelrdeliver to the Owner ether- certificates of insurance evidencing the coverages indicated in Exhibit G. Such certificates shall be furnished prior to commencement of Engineer's services and at renewals thereafter during the life of the Agreement. E. All policies of property insurance relating to the Project shall contain provisions to the effect that Engineer's and its Consultants' interests are covered and that in the event of payment of any loss or damage the insurers will have no rights of recovery against Engineer or its Consultants, or any insureds, additional insureds, or loss payees thereunder. F. All policies of insurance shall contain a provision or endorsement that the coverage afforded will not be canceled or reduced in limits by endorsement, and that renewal will not be refused, until at least 30 days prior written notice has been given to Owner and Engineer and to each other additional insured (if any) to which a certificate of insurance has been issued. G. At any time, Owner may request that Engineer or its Consultants, at Owner's sole expense, provide additional insurance coverage, increased limits, or revised deductibles that are more protective than those specified in Exhibit G. If so requested by Owner, and if commercially available, Engineer shall obtain and shall require its Consultants to obtain such additional insurance coverage, different limits, or revised deductibles for such periods of time as requested by Owner, and Exhibit G will be supplemented to incorporate these requirements. 6.05 Suspension and Termination A. Suspension: Page 7 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 1. By Owner: Owner may suspend the Project for up to 90 days upon seven days written notice to Engineer. 2. By Engineer: Engineer may, after giving seven days written notice to Owner, suspend services under this Agreement if Engineer's performance has been substantially delayed through no fault of Engineer. B. Termination: The obligation to provide further services under this Agreement may be terminated: 1. For cause, a. By either parry upon 30 days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating parry. b. By Engineer: 1) upon seven days written notice if Owner demands that Engineer furnish or perform services contrary to Engineer's responsibilities as a licensed professional; or 2) upon seven days written notice if the Engineer's services for the Project are delayed or suspended for more than 90 days for reasons beyond Engineer's control. 3) Engineer shall have no liability to Owner on account of such termination. C. Notwithstanding the foregoing, this Agreement will not terminate under Paragraph 6.05.B. La if the party receiving such notice begins, within seven days of receipt of such notice, to correct its substantial failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt thereof; provided, however, that if and to the extent such substantial failure cannot be reasonably cured within such 30 day period, and if such party has diligently attempted to cure the same and thereafter continues diligently to cure the same, then the cure period provided for herein shall extend up to, but in no case more than, 60 days after the date of receipt of the notice. 2. For convenience, a. By Owner effective upon Engineer's receipt of notice from Owner. C. Effective Date of Termination: The terminating party under Paragraph 6.05.B may set the effective date of termination at a time up to 30 days later than otherwise provided to allow Engineer to demobilize personnel and equipment from the Site, to complete tasks whose value would otherwise be lost, to prepare notes as to the status of completed and uncompleted tasks, and to assemble Project materials in orderly files. D. Payments Upon Termination: Page 8 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 In the event of any termination under Paragraph 6.05, Engineer will be entitled to invoice Owner and to receive full payment for all services performed or furnished in accordance with this Agreement and all Reimbursable Expenses incurred through the effective date of termination. Upon making such payment, Owner shall have the limited right to the use of Documents, at Owner's sole risk, subject to the provisions of Paragraph 6.03.E. 2. In the event of termination by Owner for convenience or by Engineer for cause, Engineer shall be entitled, in addition to invoicing for those items identified in Paragraph 6.05.D.1, to invoice Owner and to payment of a reasonable amount for services and expenses directly attributable to termination, both before and after the effective date of termination, such as reassignment of personnel, costs of terminating contracts with Engineer's Consultants, and other related close-out costs, using methods and rates for Additional Services as set forth in Exhibit C. 6.06 Controlling Law A. This Agreement is to be governed by the law of the state or jurisdiction in which the Project is located. 6.07 Successors, Assigns, and Beneficiaries A. Owner and Engineer are hereby bound and the successors, executors, administrators, and legal representatives of Owner and Engineer (and to the extent permitted by Paragraph 6.07.B the assigns of Owner and Engineer) are hereby bound to the other party to this Agreement and to the successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements, and obligations of this Agreement. B. Neither Owner nor Engineer may assign, sublet, or transfer any rights under or interest (including, but without limitation, moneys that are due or may become due) in this Agreement without the written consent of the other, except to the extent that any assignment, subletting, or transfer is mandated or restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. C. Unless expressly provided otherwise in this Agreement: Nothing in this Agreement shall be construed to create, impose, or give rise to any duty owed by Owner or Engineer to any Contractor, Subcontractor, Supplier, other individual or entity, or to any surety for or employee of any of them. 2. All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Owner and Engineer and not for the benefit of any other party. 3. Owner agrees that the substance of the provisions of this Paragraph 6.07.0 shall appear in the Contract Documents. Page 9 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 6.08 Dispute Resolution A. Owner and Engineer agree to negotiate all disputes between them in good faith for a period of 30 days from the date of notice prior to invoking the procedures of Exhibit H or other provisions of this Agreement, or exercising their rights under law. B. If the parties fail to resolve a dispute through negotiation under Paragraph 6.08.A, then either or both may invoke the procedures of Exhibit H. If Exhibit H is not included, or if no dispute resolution method is specified in Exhibit H, then the parties may exercise their rights under law. 6.09 Environmental Condition of Site A. Owner has disclosed to Engineer in writing the existence of all known and suspected Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, hazardous substances, and other Constituents of Concern located at or near the Site, including type, quantity, and location. B. Owner represents to Engineer that to the best of its knowledge no Constituents of Concern, other than those disclosed in writing to Engineer, exist at the Site. C. If Engineer encounters or learns of an undisclosed Constituent of Concern at the Site, then Engineer shall notify (1) Owner and (2) appropriate governmental officials if Engineer reasonably concludes that doing so is required by applicable Laws or Regulations. D. It is acknowledged by both parties that Engineer's scope of services does not include any services related to Constituents of Concern. If Engineer or any other parry encounters an undisclosed Constituent of Concern, or if investigative or remedial action, or other professional services, are necessary with respect to disclosed or undisclosed Constituents of Concern, then Engineer may, at its option and without liability for consequential or any other damages, suspend performance of services on the portion of the Project affected thereby until Owner: (1) retains appropriate specialist consultants or contractors to identify and, as appropriate, abate, remediate, or remove the Constituents of Concern; and (2) warrants that the Site is in full compliance with applicable Laws and Regulations. E. If the presence at the Site of undisclosed Constituents of Concern adversely affects the performance of Engineer's services under this Agreement, then the Engineer shall have the option of (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause on 30 days notice. F. Owner acknowledges that Engineer is performing professional services for Owner and that Engineer is not and shall not be required to become an "owner" "arranger," "operator," "generator," or "transporter" of hazardous substances, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, which are or may be encountered at or near the Site in connection with Engineer's activities under this Agreement. 6.10 Indemnification and Mutual Waiver A. Indemnification by Engineer: To the fullest extent permitted by law, Engineer shall indemnify and hold harmless Owner, and Owner's officers, directors, members, partners, agents, consultants, and employees from reasonable claims, costs, losses, and damages arising out of or relating to the Page 10 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultants. This indemnification provision is subject to and limited by the provisions, if any, agreed to by Owner and Engineer in Exhibit I, "Limitations of Liability." B. Indemnification by Owner: Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants as required by Laws and Regulations and to the extent (if any) required in Exhibit I, Limitations of Liability. C. Environmental Indemnification: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys and other professionals, and all court, arbitration, or other dispute resolution costs) caused by, arising out of, relating to, or resulting from a Constituent of Concern at, on, or under the Site, provided that (1) any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, and (2) nothing in this paragraph shall obligate Owner to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence or willful misconduct. D. Percentage Share of Negligence: To the fullest extent permitted by law, a party's total liability to the other parry and anyone claiming by, through, or under the other parry for any cost, loss, or damages caused in part by the negligence of the party and in part by the negligence of the other parry or any other negligent entity or individual, shall not exceed the percentage share that the party's negligence bears to the total negligence of Owner, Engineer, and all other negligent entities and individuals. E. Mutual Waiver: To the fullest extent permitted by law, Owner and Engineer waive against each other, and the other's employees, officers, directors, members, agents, insurers, partners, and consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. 6.11 Miscellaneous Provisions A. Notices: Any notice required under this Agreement will be in writing, addressed to the appropriate party at its address on the signature page and given personally, by facsimile, by registered or certified mail postage prepaid, or by a commercial courier service. All notices shall be effective upon the date of receipt. B. Survival: All express representations, waivers, indemnifications, and limitations of liability included in this Agreement will survive its completion or termination for any reason. C. Severability: Any provision or part of the Agreement held to be void or unenforceable under any Laws or Regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Engineer, which agree that the Agreement shall be reformed to Page 11 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. D. Waiver: A party's non -enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. E. Accrual of Claims: To the fullest extent permitted by law, all causes of action arising under this Agreement shall be deemed to have accrued, and all statutory periods of limitation shall commence, no later than the date of Substantial Completion. ARTICLE 7 — DEFINITIONS 7.01 Defined Terms A. Wherever used in this Agreement (including the Exhibits hereto) terms (including the singular and plural forms) printed with initial capital letters have the meanings indicated in the text above, in the exhibits, or in the following provisions: 1. Additional Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 2 of Exhibit A of this Agreement. 2. Agreement — This written contract for professional services between Owner and Engineer, including all exhibits identified in Paragraph 8.01 and any duly executed amendments. 3. Asbestos — Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 4. Basic Services — The services to be performed for or furnished to Owner by Engineer in accordance with Part 1 of Exhibit A of this Agreement. 5. Construction Contract — The entire and integrated written agreement between Owner and Contractor concerning the Work. 6. Construction Cost — The cost to Owner of those portions of the entire Project designed or specified by Engineer. Construction Cost does not include costs of services of Engineer or other design professionals and consultants; cost of land or rights -of -way, or compensation for damages to properties; Owner's costs for legal, accounting, insurance counseling or auditing services; interest or financing charges incurred in connection with the Project; or the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. Construction Cost is one of the items comprising Total Project Costs. 7. Constituent of Concern — Any substance, product, waste, or other material of any nature whatsoever (including, but not limited to, Asbestos, Petroleum, Radioactive Material, and PCBs) which is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); (b) the Hazardous Materials Transportation Act, 49 U.S.C. Page 12 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 §§1801 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; and (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material. Consultants — Individuals or entities having a contract with Engineer to furnish services with respect to this Project as Engineer's independent professional associates and consultants; subcontractors; or vendors. 9. Contract Documents — Those items so designated in the Construction Contract, including the Drawings, Specifications, construction agreement, and general and supplementary conditions. Only printed or hard copies of the items listed in the Construction Contract are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 10. Contractor — The entity or individual with which Owner has entered into a Construction Contract. 11. Documents — Data, reports, Drawings, Specifications, Record Drawings, and other deliverables, whether in printed or electronic media format, provided or furnished in appropriate phases by Engineer to Owner pursuant to this Agreement. 12. Drawings — That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings are not Drawings as so defined. 13. Effective Date — The date indicated in this Agreement on which it becomes effective, but if no such date is indicated, the date on which this Agreement is signed and delivered by the last of the parties to sign and deliver. 14. Engineer — The individual or entity named as such in this Agreement. 15. Hazardous Waste — The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 16. Laws and Regulations; Laws or Regulations — Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 17. Owner — The individual or entity with which Engineer has entered into this Agreement and for which the Engineer's services are to be performed. Unless indicated otherwise, this is the same individual or entity that will enter into any Construction Contracts concerning the Project. 18. PCBs — Polychlorinated biphenyls. Page 13 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 19. Petroleum — Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous waste and crude oils. 20. Project — The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 21. Radioactive Material — Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 22. Record Drawings — Drawings depicting the completed Project, prepared by Engineer as an Additional Service and based solely on Contractor's record copy of all Drawings, Specifications, addenda, change orders, work change directives, field orders, and written interpretations and clarifications, as delivered to Engineer and annotated by Contractor to show changes made during construction. 23. Reimbursable Expenses — The expenses incurred directly by Engineer in connection with the performing or furnishing of Basic and Additional Services for the Project. 24. Resident Project Representative — The authorized representative of Engineer assigned to assist Engineer at the Site during the Construction Phase. As used herein, the term Resident Project Representative or "RPR" includes any assistants or field staff of Resident Project Representative agreed to by Owner. The duties and responsibilities of the Resident Project Representative, if any, are as set forth in Exhibit D. 25. Samples — Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 26. Shop Drawings — All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 27. Site — Lands or areas to be indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights -of -way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 28. Specifications — That part of the Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. 29. Subcontractor — An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. 30. Substantial Completion — The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Page 14 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms "substantially complete" and "substantially completed" as applied to all or part of the Work refer to Substantial Completion thereof. 31. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 32. Total Project Costs — The sum of the Construction Cost, allowances for contingencies, and the total costs of services of Engineer or other design professionals and consultants, together with such other Project -related costs that Owner furnishes for inclusion, including but not limited to cost of land, rights -of -way, compensation for damages to properties, Owner's costs for legal, accounting, insurance counseling and auditing services, interest and financing charges incurred in connection with the Project, and the cost of other services to be provided by others to Owner pursuant to Exhibit B of this Agreement. 33. Work — The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. ARTICLE 8 — EXHIBITS AND SPECIAL PROVISIONS 8.01 Exhibits Included: A. Exhibit A, Engineer's Services. B. Exhibit B, Owner's Responsibilities. C. Exhibit C, Payments to Engineer for Services and Reimbursable Expenses. D. Exhibit D, Duties, Responsibilities and Limitations of Authority of Resident Project Representative. NOT INCLUDED E. Exhibit E, Notice of Acceptability of Work. F. Exhibit F, Construction Cost Limit. NOT INCLUDED G. Exhibit G, Insurance. H. Exhibit H, Dispute Resolution. NOT INCLUDED I. Exhibit I, Limitations of Liability. J. Exhibit J, Special Provisions. NOT INCLUDED K. Exhibit K, Amendment to Owner -Engineer Agreement. NOT INCLUDED Page 15 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 8.02 Total Agreement: A. This Agreement, (together with the exhibits identified above) constitutes the entire agreement between Owner and Engineer and supersedes all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument based on the format of Exhibit K to this Agreement. 8.03 Designated Representatives: A. With the execution of this Agreement, Engineer and Owner shall designate specific individuals to act as Engineer's and Owner's representatives with respect to the services to be performed or furnished by Engineer and responsibilities of Owner under this Agreement. Such an individual shall have authority to transmit instructions, receive information, and render decisions relative to the Project on behalf of the respective parry whom the individual represents. 8.04 Engineer's Certifications: A. Engineer certifies that it has not engaged in corrupt, fraudulent, or coercive practices in competing for or in executing the Agreement. For the purposes of this Paragraph 8.04: 1. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the selection process or in the Agreement execution; 2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the selection process or the execution of the Agreement to the detriment of Owner, or (b) to deprive Owner of the benefits of free and open competition; 3. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the selection process or affect the execution of the Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the Effective Date of which is indicated on page 1. Owner: City of South Bend, Indiana Board of Public Works Engineer: American Structurepoint, Inc. By: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Title: tlao 2 y� ". 1 � � Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Cb as�lrit� Gary A. Gilot, Member Briana�Miicou, Member f7Lvvj- .l 7 �� 4- "/° Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: February 13, 2024 Page 16 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 Date: Engineer License or Firm's Certificate No. State of. Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard 9025 River Road, Suite 200 South Bend, Indiana 46601 Indianapolis, Indiana 46240 Designated Representative (Paragraph 8.O3.A): Designated Representative (Paragraph 8.O3.A): Kara M. Boyles, Ph.D., P.E. Benjamin Borcherding, PE Title: City Engineer Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9171 E-Mail Address: kboylesksouthbendin.gov Title: Vice President Phone Number: (317) 547-5580 Facsimile Number: (317) 547-5580 E-Mail Address: bborcherding@structurepoint. com Page 17 EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2022.00772 This is EXHIBIT A, consisting of 13 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Engineer's Services Article 1 of the Agreement is supplemented to include the following agreement of the parties. The project is broken into two phases as follows: A. Phase 1: Begins along the east bank of the St Joseph River and includes the following: 2,1501f of Northside Blvd; 5001f of Eddy St; 3001f of Mishawaka St; 1501f of Belmont Ave; 1001f of Beyer Ave; 1001f of Frances St; 6501d of Longfellow Ave and 2,3001f of interchange ramps. B. Phase 2: Begins along the east bank of the St Joseph River and includes the following: 2,0501f of SR933; 1,6501f of Lincoln Way; 1,6501f of Sample St; 3501f of George Ave; 3001f of Bronson St; 2001f of Marietta St and 2,3001f of interchange ramps. Engineer shall provide Basic and Additional Services as set forth below. PART 1— BASIC SERVICES A1.02 Project Management A. Bi-weekly virtual meetings with City staff, Consultant Project Manager, and appropriate discipline leads, as needed. Meetings will be held in -person on a quarterly basis. Effort includes meeting preparations and minutes. Duration - 27 months. B. Coordinating with various stakeholders, including design leads, project partners, agencies, and subconsultants, to gather relevant information and input. C. Assist City with their submittal of the required FHWA quarterly reporting through March 31, 2026. A1.03 Planning Phase A. Planning and Programming 1. Our team will compile all technical analyses and findings. We will review the previously established project details, goals, and objectives. B. Environmental 1. Environmental Constraints - Prepare an Environmental Constraints Report for study area based upon existing information. The report will include a preliminary analysis of publicly available ecological, hydrological, hazardous material, cultural resources data, and other environmental resources as identified below, within the project area. A field visit is also included with this task. A project narrative summary and maps depicting findings of the environmental constraints report will be prepared. The Environmental Constraints Report Page 1 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. will be provided to the City for review prior to submittal to FHWA for review and comment. a. Existing Conditions Analysis 1) Socioeconomic Considerations a) Demographic Characteristics (Census data) b) Environmental Justice and Sensitive Populations (Census data per INDOT's EJ policy) c) Minority d) Low-income e) Limited English Proficiency 2) Land Use (aerial, windshield survey) 3) Community Plan Summaries a) Land Use, Comprehensive, Zone Plans (related to highways and transportation) (coordination with South Bend, MPO Transportation Plans, and Farmers Market District study) 4) Infrastructure - Utilities (GIS data, windshield survey) 5) Community Facilities a) Schools (GIS data, Google Earth, windshield survey) b) Places of Worship (GIS data, Google Earth, windshield survey) c) Cemeteries (GIS data, topo map, IN Historic Buildings, Bridges, & Cemeteries Map) d) Public Services (hospitals, fire stations, police stations) (GIS data, Google Earth, windshield survey) e) Recreational Facilities (managed lands, parks, existing and planned trails) (GIS data, Google Earth, windshield survey) 6) Natural Resources a) Wetlands/Streams — Prepare preliminary field assessment of probably wetlands and waterways, including windshield survey. b) Soils c) 303(d) List Streams (GIS Data) d) Floodplains (DFIRM Data) e) Protected Species (BIAS structure inspection reports for bats, Natural Heritage Database Search, IPaC Species List) 7) Cultural Resources a) Aboveground (Summarize Aboveground Cultural Resources Identification Memorandum) Page 2 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. b) Archaeology (Summarize Archaeological Resources Identification/Records Review Memorandum) 8) Section 4(f) Resources (GIS Data, Google Earth, windshield survey, cultural resources review) 9) Section 6(f) Resources (LWCF List) 10) Air Quality (USEPA Greenbook) 11) Noise (summarize Noise Sensitive Areas Identification Memorandum) 12) Hazardous Materials (GIS data) 2. Draft Purpose and Need Statement a. Compile a draft Purpose and Need statement for inclusion within the Feasibility Study. This statement will include the purpose as to why the project has been initiated and also identifies the needs, or problems, to be addressed based on analysis of quantified data. Indiana Department of Transportation guidance will be used in development of this statement. The draft Purpose and Need statement will be coordinated with FHWA to help ensure the ability to carry forward the purpose and need and range of alternatives into NEPA. 3. PEL Document a. Compile PEL Study, including the PEL Questionnaire, to aid in transition from planning to National Environmental Policy Act (NEPA) Analysis. The PEL study will summarize planning activities completed, planning activities recommend for the future, methodology, agency and stakeholder engagement efforts, purpose and need, range of alternatives considered, and potential project phasing opportunities. The PEL Document will be coordinated with FHWA to certify the study elements are consistent with PEL and can be carried forward into NEPA. C. Traffic Analysis 1. Based upon a review of the available data on the MACOG website, American Structurepoint will utilize existing data from MACOG for the 2021-2022 24-hour roadway volume counts to determine peak periods, vehicle classification and directionality of the existing traffic. No further roadway tube counts are anticipated based on the age of the existing data. 2. Collect turning movement traffic volume counts for four (4) hours on a typical weekday during two (2) peak periods at the following study intersections: a. Fellows Street & E Sample Street b. High Street & E Sample Street c. Lincolnway East & E Sample Street Page 3 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. d. Lincolnway East & Bronson Street e. Northside Boulevard & E Sample Street f. Mishawaka Avenue & Longfellow Avenue g. Eddy Street & E South Street 3. Perform a site visit by a traffic engineer to collect existing roadway geometric data and to observe existing peak hour traffic operations. 4. Forecast the horizon year traffic volumes at the study intersections based on the existing traffic volumes and an annual growth rate (consulted with City and MACOG) to account for background traffic growth. Redistribution of the existing traffic will be required based upon the proposed roadway network. The following traffic volume scenarios will be developed: a. Existing Year (2023) b. Horizon Year (2030) 5. Trip end estimation for the proposed adjacent development sites will account for various land use codes (as determined in coordination with the City) based on the ITE Trip Generation Handbook, 11' Edition. 6. Trip distribution and assignment of the generated site traffic will be based on review of the collected traffic counts (existing traffic patterns) and review of nearby origin -destination centers. 7. Coordination with the MACOG, to obtain link volume, intersection turning movement volumes and O-D data from sub -area TDM for the existing and proposed roadway network. 8. Perform a capacity analysis (aka level -of -service analysis), vehicle queue length analysis using a macroscopic traffic model such as Synchro/SimTraffic or Sidra for the study intersections, traffic volume scenarios, and analysis time periods: a. Analysis Time Periods 1) Typical Weekday, AM Peak Hour 2) Typical Weekday, PM Peak Hour b. Traffic Volume Scenarios 1) Scenario 1: Existing Year (2023) Traffic with Existing network 2) Scenario 2: Existing Year (2023) Traffic with Proposed network 3) Scenario 3: Horizon Year (2030) Traffic with Proposed network c. Analysis Intersections Page 4 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1) Fellows Street & E Sample Street 2) Lincolnway East & E Sample Street 3) Lincolnway East & Bronson Street 4) Northside Boulevard & E Sample Street 5) Mishawaka Avenue & Longfellow Avenue 6) Eddy Street & E South Street 7) Marietta Street & E Sample Street* 8) Eddy Street & E Sample Street* 9) Eddy Street & Lincolnway East* 10) Lincolnway East & Proposed East George Avenue* 11) Proposed South George Avenue & Eddy Street * 12) Proposed South George Avenue & E Sample Street* 13) Belmont Avenue & E Sample Street* 14) Bronson Street & Northside Boulevard* 15) Bronson Street & Eddy Street* 16) South Street & Northside Boulevard* 17) Mishawaka Avenue & Northside Boulevard* *Future intersection, analysis only with no TMCs 9. Perform high-level roadway segment capacity analysis using horizon year ADT volumes and Highway Capacity Manual generalized service volumes for up to eight (8) locations within the new roadway network and surrounding development. It is assumed that the proposed roadway cross-section will be per NACTO standards for complete street elements. 10. Perform a safety analysis for the Eddy Street/Sample Street Study Area to include the following items: a. Obtain the historical crash data from the past five (5) years and summarize it in the form of graphs. Collision Diagrams for up to four (4) high crash movements/locations will be prepared. Coordinate with City of South Bend and MACOG to request and analyze data needed for analysis. b. Tables and charts will be prepared to summarize the existing crash patterns at these locations to provide a descriptive crash analysis. c. The results will be analyzed to determine if there is a potential for safety improvements, and to begin considering different countermeasures that would mitigate safety concerns that have been identified. Page 5 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 11. Develop a traffic study report that summarizes the analysis results and incorporates roadway recommendations to accommodate the new traffic patterns. 12. Attend one (1) review meeting to discuss the preliminary traffic study findings and recommendations, and up to four (4) progress meetings with the City of one hour each. All meetings will be held virtually through video/audio teleconference calls. Additionally, it is anticipated that traffic staff will present final recommendations to the City at one (1) in person meeting. A1.04 Preliminary Engineering Phase A. Survey Services 1. When directed, the CONSULTANT shall survey the project location. The CONSULTANT's work shall be in accordance with I.C. 25-21.5; 865 I.A.C. 1-12; and the INDOT Design Manual (IDM) which is available online on the INDOT website, and which is incorporated by reference. If there is any conflict between I.C. 25-21.59 865 I.A.C. 1-12, or the INDOT Design Manual, the order of precedence shall be: a. 1. I.C. 25-21.5 b. 2. 865 I.A.C. 1-12 c. 3. INDOT Design Manual 2. Survey Limits: a. Survey limits are shown in Attachment 1 3. Phase 1 - Topographic Route Survey including the following: a. Survey crews shall have unrestricted access to project limits b. Establish horizontal control (INGCS St Joseph) c. Establish vertical control (NAVD 1988) 1) Set temporary benchmarks on site for use during construction d. Select topographic survey with 50-foot grid 1) Show spot elevations to the nearest 0.01 foot 2) Provide the location, size and elevation of all improvements within the survey limits 3) Plot the location of storm drainage structures, sanitary structures, roads, driveways, edges of curbs, parking areas, walks, edge of water, drainage ways, fencing, etc. 4) Provide the location and size of individual trees outside of wooded areas larger than 8" DBH within the survey limits Page 6 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 5) Plot the location of the drip line of all groups of tree and vegetation where locating individual trees is not feasible e. Provide location, size, depth, material and direction of flow for sanitary and storm sewers serving or on the site f. Locate aboveground evidence of utilities on site, plus marks made on the ground by local utility companies (One Call). One Call will only locate utilities within the public right-of-way or within recorded easements g. CAD Drafting and creation of a TIN and contours (1-foot contour interval) h. Land Surveyor review and deed and right-of-way plot based on limited fieldwork and research obtained from the County Recorder's Office. 1) Deed lines of adjoining parcels and right-of-way lines of adjoining roads will be plotted on the Topographic Survey i. This Survey Scope includes the preparation of a Route Survey Plat. 4. Phase 2 will use available GIS and LIDAR information for use in the preliminary assessment and design. B. Roadway Design 1. Engineering Assessment Report. The CONSULTANT will evaluate existing conditions within the outline Market District Project Area for the purposes of determining proposed alternatives that will address the purpose and need of the project. This will include: a. Evaluate concepts defined in the Farmers Market District Design Study. b. Develop conceptual and typical sections, including number of lanes, drainage requirements, streetscape, accommodations for pedestrians and bicyclists, lighting, and right-of-way limits. All concepts developed will consider design for complete streets. c. Alternate concepts and typical sections will be evaluated based on traffic study results and found environmental constraints. d. Assess utility impacts in relation to proposed typical sections. e. Develop opinion of probable construction cost and preliminary project budget for improvements within the study area f. Provide a summary of findings and recommendations in an Engineering Assessment Report prior to the preliminary Stage 1 design. 1) Develop a decision matrix that will outline project sections. Matrix will include opinion of probably costs, project impacts, prioritization rankings, and risk factors. 2. Stage 1 Design - The CONSULTANT shall prepare Stage 1, plans and opinions of probable construction cost, which will be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the plans Page 7 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. or reports are submitted: American Association of State Highway and Transportation Officials (AASHTO) A Policy on Geometric Design of Highways and Streets and INDOT's standard specifications, road memoranda, and design manuals, except as modified by supplemental specifications and special provisions, if any. Street segments outside of Eddy Street will follow local City standards with reference to the NACTO manual. a. The anticipated project design scope is described below: 1) General road design (Pavement treatment, typical section, intersection treatment) 2) Conceptual drainage improvements 3) Conceptual Landscape/streetscape 4) Pedestrian/bike accommodations b. The road design limits shall only include Phase 1 and are generally described below and in Attachment 2. 1) Eddy Street — East 2) East South Street 3) East Bronson Street 4) Northside Boulevard — North 5) Mishawaka Ave. Ext. and Roundabout 6) Northside Boulevard — South 7) Belmont Ave Extended 8) Beyer Street C. Bridge Design 1. The CONSULTANT shall complete the bridge design and construction documents through Stage 1, as determined through the environmental selection. 2. The bridges involved in the project and scope of services are assumed to be: a. SR 23/Eddy St. over Mishawaka Ave. (Str No. 023-71-04994C) 1) Bridge deck rehabilitation to support the proposed roadway typical section. The overall width of the bridge deck will not be widened. 2) Review of bridge substructures and foundations to geometrically accommodate the proposed roadway typical section of the roads under the bridges. b. SR 23/Eddy St. over St. Joseph River & Northside Blvd (Str. No. 023-71-04993 C) 1) Bridge deck rehabilitation to support the proposed roadway typical section. The overall width of the bridge deck will not be widened. Page 8 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2) Review of bridge substructures and foundations to geometrically accommodate the proposed roadway typical section of the roads under the bridges. 3) Removal of deck and framing that connect to the northwest ramp bridge, SR 23 Ramp over South Bank of St. Joseph River. c. SR 23/SR 933 NB/Eddy St. over SR 933 NB/Lincolnway Ave (Str. No. 023-71-04992 B) 1) Bridge deck rehabilitation to support the proposed roadway typical section. The overall width of the bridge deck will not be widened. 2) Review of bridge substructures and foundations to geometrically accommodate the proposed roadway typical section of the roads under the bridges. d. SR 23 Ramp over South Bank of St. Joseph River (Str. No. 023-71-04993 CNWE) 1) Removal of the bridge. e. Sample St. over St. Joseph River (Str. No. 71-00208) 1) Rehabilitation of the sidewalk supports to widen the sidewalk. The existing bridge railings and roadway on the bridge will not be changed by the project. f. NS & GTW Railroad over SR 23/SR 933/Sample St. (Str. No. (23)33-71-02534) 1) Review the structure to confirm no impacts by the proposed roadway typical section under the bridge. Rehabilitation is not included in the scope of work. The CONSULTANT will evaluate existing conditions of each bridge to identify impacts by the proposed roadway work and provide a brief summary of the findings. This includes rehabilitation recommendations and a preliminary opinion of probable construction cost, which will be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the report is submitted: AASHTO LRFD Bridge Design Specifications, 9th Edition and subsequent interims and the INDOT Design Manual. 4. The CONSULTANT shall conduct a field inspection of the bridges and prepare a bridge inspection report including rehabilitation recommendations and a preliminary opinion of probable construction cost, which will be in accordance with the accepted standards for such work and in accordance with the following documents in effect at the time the report is submitted: AASHTO LRFD Bridge Design Specifications, 9th Edition and subsequent interims and the INDOT Design Manual. a. The field inspection will include field measurements of the substructures of the bridges not included in the topographic field survey. These measurements will be used to coordinate that no impacts will occur by the proposed work under the bridges. The CONSULTANT shall prepare Stage 1 plans and a preliminary opinion of probable construction cost, which will be 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: AASHTO LRFD Bridge Design Specifications, 9th Edition and subsequent interims and the INDOT Design Manual. a. Stage 1 plans will be developed for vehicular bridges only. The railroad bridges and culvert will not have Stage 1 plans developed. Page 9 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. b. A preliminary bridge load rating analysis of the bridge whose dead load increased to evaluate structural load capacity in accordance with the Indiana Inspection Manual will be performed. The existing load rating model utilizing AASHTOWare BrR based on original bridge plans and beam details shall be utilized for this analysis. D. Public Involvement 1. The proposed action will require public involvement in activities throughout the project. American Structurepoint will coordinate and develop community outreach with the city staff. Public involvement activities proposed for this project include: a. Public Engagement Plan - Compile a Public Engagement Plan that will be integrated as part of project planning and development, provide direction on how to inform residents, stakeholders, environmental justice and/or sensitive population communities, and other interested parties, and how to incorporate their input as the project progresses. Public Engagement Plan to be reviewed by the City prior to implementation. b. Property Owner Notification Letters and Public Involvement Meeting Invitations: American Structurepoint will provide the City with names and addresses for the public meeting invitations and language for the letter. The City will print and mail the invitations. c. Attend up to ten (10) stakeholders and community group meetings, with a brief presentation. Stakeholder meetings may include specific engagement meetings with groups identified through review of environmental justice and/or sensitive population communities. d. Prepare content for a project website that will be hosted by the City. American Structurepoint will assist in monitoring engagement and will prepare draft social media notifications for the City to release regarding the wesbite. e. Conduct up to five (5) Public Information Meetings for the project. 1) Meeting format will be open house style public meeting, with a brief presentation by city personnel. 2) Public notices and presentation graphics will be prepared for the meetings. 3) Comments accepted for each meeting for a period of no more than 30 days. A comment summary will be prepared for each Public Information Meeting. Comments received during the public information meetings will be summarized for information purposes only, formal response to comments will not be provided for the Public Information Meetings. f. Stakeholder and Public Meeting Materials (as appropriate): American Structurepoint will prepare the following items for the public meeting: 1) Presentation 2) sign -in sheets 3) comment form Page 10 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 4) a project fact sheet or handout 5) project exhibits. g. Work with the City to provide responses to comments received during the project. 2. Resource Agency Coordination (including Tribes) — Initiate project coordination with resources agencies, including intent to carry purpose and need and reasonable alternatives into NEPA. Coordinate Environmental Constraints Report, Engineers Report, and PEL Study with Resource Agencies and conduct two (2) virtual Resource Agency Meetings. E. Utility Services 1. Develop a utility coordination log and document communication with all utilities in the project area. Request existing plan information at the beginning of design. Add field marked utilities that are located during the field survey into the plans. a. Collect Asset Management data from the City on watermain and sanitary sewer systems. 2. Conduct a utility coordination meeting with all public and private utilities to gather information and discuss project scope and potential impacts 3. Incorporate all public utility improvement information (watermain, sanitary, storm, and CSO) data into a database for improvements in the subject area. Perform preliminary storm sewer calculations for the Stage 1 roadway plans. 4. Prepare GIS maps of proposed public utility improvements in the subject area. 5. Prepare PDF exhibits of potential private utility improvements in the subject area. 6. Prepare opinion of probably construction costs based on anticipated impacts. F. Geotechnical Services 1. See Attachment 3 for scope of services. G. Excluded Services 1. Project Management a. Funding Application Preparation. 2. Survey a. Topographic Survey within Limits of Phase 2. 3. Environmental a. Mitigation bank coordination and/or payments, in -lieu mitigation coordination and/or fee payments, or any other mitigation development services Page 11 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. b. Asbestos inspections required with any building, bridge, etc. are not included in this proposal. c. A Phase II Environmental Site Assessment (RMR Investigation) and/or remediation activities on any parcels are not included in this proposal. d. Additional Public Involvement activities beyond what are mentioned in this proposal are not included in this proposal. e. Or any other environmental study not included in this proposal. 4. Traffic Analysis a. Traffic counts and capacity analysis for additional intersections b. Traffic Signal warrant analysis c. Sub -area travel demand modeling using MACOG regional model for the proposed roadway network. d. Traffic forecasting for additional years beyond that identified in this scope. e. Micro -simulation model development with 2D/3D video rendering 5. Bridge Services a. Rehabilitation design or structural analysis of any railroad bridge or bridge beyond the project limits. b. Design of a bridge replacement or new bridge. c. Structure Size and Type analysis. d. Stage 2 design or plans. e. Evaluation or design of any bridge not specifically identified. f. Hydraulic or scour analysis of the St. Joseph River or Bowman Creek. g. Historic Bridge Alternatives Analysis. h. Substructure rehabilitation design. i. Superstructure rehabilitation design or than to remove SR 23 Ramp over South Bank of St. Joseph River. j. Non-destructive testing of the existing structures. k. Final Load Rating. Page 12 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 6. Roadway Services. a. Intersection Details b. Driveway Details c. Traffic Control d. Lighting Plans e. Signal Plans f. Subsurface Utility Exploration PART 2 — SCHEDULE A2.01 Project Schedule A. All services by the Engineer under this agreement shall be completed and delivered to the Owner for review and approval within the following approximate time periods, exclusive of Owner's review time. B. Environmental Services 1. The Engineer will prepare an Environmental Constraints Report within 12 months of Notice to Proceed. 2. The Engineer will prepare a Draft Purpose and Need Statement within 18 months of Notice to Proceed. 3. The Engineer will submit the Final PEL Document by March 1, 2026. C. Roadway and Bridge Design 1. Engineering Assessment Report within 12 months from Notice to Proceed. 2. Stage 1 Plans for Phase 1 complete by March 1, 2026. Page 13 (Exhibit A — Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT B, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Owner's Responsibilities Article 2 of the Agreement is supplemented to include the following agreement of the parties. B2.01 In addition to other responsibilities of Owner as set forth in this Agreement, Owner shall at its expense: A. Provide Engineer with all criteria and full information as to Owner's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility, and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which Owner will require to be included in the Drawings and Specifications; and furnish copies of Owner's standard forms, conditions, and related documents for Engineer to include in the Bidding Documents, when applicable. B. Furnish to Engineer any other available information pertinent to the Project including reports and data relative to previous designs, or investigation at or adjacent to the Site. C. Following Engineer's assessment of initially available Project information and data and upon Engineer's request, furnish or otherwise make available such additional Project related information and data as is reasonably required to enable Engineer to complete its Basic and Additional Services. Such additional information or data would generally include the following: 1. Property descriptions. 2. Zoning, deed, and other land use restrictions. 3. Property, boundary, easement, right-of-way, and other special surveys or data, including establishing relevant reference points. 4. Explorations and tests of subsurface conditions at or contiguous to the Site, drawings of physical conditions relating to existing surface or subsurface structures at the Site, or hydrographic surveys, with appropriate professional interpretation thereof. 5. Environmental assessments, audits, investigations, and impact statements, and other relevant environmental or cultural studies as to the Project, the Site, and adjacent areas. 6. Data or consultations as required for the Project but not otherwise identified in the Agreement or the Exhibits thereto. D. Give prompt written notice to Engineer whenever Owner observes or otherwise becomes aware of the presence at the Site of any Constituent of Concern, or of any other development that affects the scope or time of performance of Engineer's services, or any defect or nonconformance in Engineer's services, the Work, or in the performance of any Contractor. Page 1 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. E. A-ut4erize Engineer te provide Additional Serviees as set forth in Part 2 of Exhibit A of F. Arrange for safe access to and make all provisions for Engineer to enter upon public and private property as required for Engineer to perform services under the Agreement. G. Examine all alternate solutions, studies, reports, sketches, Drawings, Specifications, proposals, and other documents presented by Engineer (including obtaining advice of an attorney, insurance counselor, and other advisors or consultants as Owner deems appropriate with respect to such examination) and render in writing timely decisions pertaining thereto. H. Provide reviews, approvals, and permits from all governmental authorities having jurisdiction to approve all phases of the Project designed or specified by Engineer and such reviews, approvals, and consents from others as may be necessary for completion of each phase of the Project. I. Recognizing and acknowledging that Engineer's services and expertise do not include the following services, provide, as required for the Project: 1. Accounting, bond and financial advisory, independent cost estimating, and insurance counseling services. 2. Legal services with regard to issues pertaining to the Project as Owner requires, Contractor raises, or Engineer reasonably requests. 3. Such auditing services as Owner requires to ascertain how or for what purpose Contractor has used the moneys paid. T Dlaee .,,-..l y for- advertisement for- Bids ; appropriate pub.lieat;ens K. Advise Engineer of the identity and scope of services of any independent consultants employed by Owner to perform or furnish services in regard to the Project, including, but not limited to, cost estimating, project peer review, value engineering, and constructability review. L. Furnish to Engineer data as to Owner's anticipated costs for services to be provided by others (including, but not limited to, accounting, bond and financial, independent cost estimating, insurance counseling, and legal advice) for Owner so that Engineer may assist Owner in collating the various cost categories which comprise Total Project Costs. M. if Owner- designa4es a eenstruetion man - . -ividttal or entivy other- than, of in addition , Engineer.Engineer to represent Owner at the Site, define and set forth as an attaehraeat to this Exhibit B the "ies, responsibilities, and limitations of au4horivy of sueh other party and the r-elation thereof to the du4ies, responsibilities, and atitherity of N. if more than one prime eePAT-aet is to be awarded for the Work designed or speeified by , among the various prifne Contfaetors, and define and set f6rth the duties, responsibilities, an limitations of authefity of sueh indivi"al or en* and the r-elation thereof to the di#ies, Page 2 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. I. -W4-gR.T.lIKS9 W !ll S�'JltilllSMSCEi �'iIES'J�'.SlfRs'!!!SllEff • FEW 7 • I. Wo. Page 3 (Exhibit B — Owner's Responsibilities) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. Compensation for Basic Services not including Resident Project Representative) (as described in Exhibit A, Part I) 2 Decision Question: Which method of compensation is to be used? Percentage of Direct Labor Direct Labor Lump Standard Hourly Construction Costs Times a Costs Plus Salary Costs Sum Rates Costs Factor Overhead Plus a Times a Factor Fixed Fee Use This Base packet Compensation BC-1 Packet BC-2 Packet BC-3 Packet BC-4 Packet BC-5 Packet BC-6 Packet Include This N/A Appendices 1 and 2 N/A Appendix 1 Appendix 1 Appendix 1 Appendix Compensation for Resident Project Representative (as described in Exhibit A, Paragraph A1.05.A.2, and in Exhibit D) Decision Question: Which method of compensation is to be used? Standard Hourly Percentage ofDirect Labor Costs Salary Costs Times a Lump Sum Rates Construction Times a Factor Factor Costs Use This RPR Compensation Packet RPR-1 Packet RPR-2 Packet RPR-3 Packet RPR-4 Packet RPR-5 Packet Include This N/A Appendices 1 N/A Appendix 1 Appendix 1 Appendix and 2 Page 1 (Exhibit C — Compensation Decision Guide) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 3. Compensation for Additional Services (as described in Exhibit A, Part 2) Decision Question: Which method of compensation is to be used? Standard Hourly Rates Direct Labor Costs Times a Factor Salary Costs Times a Factor Use This Additional Services Packet AS-1 Packet AS-2 Packet AS-3 Compensation Packet Include This Appendices 1 and 2 Appendix 1 Appendix 1 Appendix Example: If Basic Services (other than RPR) will be compensated using Lump Sum; RPR services using Direct Labor Times a Factor; and Additional Services using Standard Hourly Rates; then use Packet BC-1; Packet RPR-4; Packet AS-1; and Appendices 1 and 2 to form Exhibit C. Page 2 (Exhibit C — Compensation Decision Guide) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. SUGGESTED FORMAT (for use with E-500, 2008 Edition) This is EXHIBIT C, consisting of 3 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC-1: Basic Services — Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) — Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A the total fee of $2,944,112, as follows: 1. A Lump Sum amount of $2,910,978.50, based on the following estimated distribution of compensation: a. Project Management $307,500 b. Planning Phase 1) Environmental Services $217,900 2) Traffic Analysis $125,000 c. Preliminary Engineering Phase 1) Survey Services (Phase 1) $180,900 2) Engineering Assessment $172,000 3) Stage 1 Roadway Services a) Eddy Street — East $284,200 b) East South Street $86,600 c) East Bronson Street $112,650 d) Northside Boulevard — North $139,250 e) Mishawaka Ave. Ext. and RAB $331,750 Page 1 Exhibit C —Compensation Packet BC-1: Basic Services (other than RPR) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. f) Northside Boulevard — South $67,750 g) Belmont Ave Extended $69,350 h) Beyer Street $78,000 4) Stage 1 Bridge Services a) Eddy St. o/ Mishawaka Ave. $57,900 b) Eddy St. o/ St. Joseph River and Northside Blvd $61,700 c) SR 23B o/ Lincolnway Ave $57,500 d) SR 23 Ramp o/ St. Joseph River $40,000 e) Sample St. o/ St. Joseph River $44,100 f) NS & GTW Railroad o/ Sample St. $18,400 5) Public Involvement Services $280,400 6) Utility Services $167,200 7) Geotechnical Engineering and Coordination $10,928.50 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. B. Owner shall pay Engineer for geotechnical field and laboratory services performed under this Contract based on the specific cost per unit as shown in Attachment 3, attached hereto and incorporated herein, multiplied by the actual units of work performed. The final amount will be adjusted according to the actual units of work performed; however, the final amount shall not exceed $33,133.50 unless and until a supplemental agreement is executed. The total fees for Geotechnical Services listed in this clause, plus geotechnical engineering and coordination services listed as lump sum in A.1.C.7) above, makes the total fee for geotechnical services $44,062.00. Page 2 Exhibit C —Compensation Packet BC-1: Basic Services (other than RPR) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. C. Period of Service: The compensation amount stipulated in Compensation Packet BC-1 is conditioned on a period of service not exceeding 27 months. If such period of service is extended, the compensation amount for Engineer's services shall be appropriately adjusted. Page 3 Exhibit C —Compensation Packet BC-1: Basic Services (other than RPR) — Lump Sum Method of Payment EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT E, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , NOTICE OF ACCEPTABILITY OF WORK PROJECT: CONTRACTOR: OWNER'S CONSTRUCTION CONTRACT IDENTIFICATION: EFFECTIVE DATE OF THE CONSTRUCTION CONTRACT: ENGINEER: NOTICE DATE: To: Owner And To: Contractor From: Engineer The Engineer hereby gives notice to the above Owner and Contractor that the completed Work furnished and performed by Contractor under the above Contract is acceptable, expressly subject to the provisions of the related Contract Documents, the Agreement between Owner and Engineer for Professional Services dated , and the terms and conditions set forth in this Notice. LZA Title: Dated: Page 1 (Exhibit E - Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. CONDITIONS OF NOTICE OF ACCEPTABILITY OF WORK The Notice of Acceptability of Work ("Notice") is expressly made subject to the following terms and conditions to which all those who receive said Notice and rely thereon agree: 1. This Notice is given with the skill and care ordinarily used by members of the engineering profession practicing under similar conditions at the same time and in the same locality. 2. This Notice reflects and is an expression of the professional judgment of Engineer. 3. This Notice is given as to the best of Engineer's knowledge, information, and belief as of the Notice Date. 4. This Notice is based entirely on and expressly limited by the scope of services Engineer has been employed by Owner to perform or furnish during construction of the Project (including observation of the Contractor's work) under Engineer's Agreement with Owner and under the Construction Contract referred to in this Notice, and applies only to facts that are within Engineer's knowledge or could reasonably have been ascertained by Engineer as a result of carrying out the responsibilities specifically assigned to Engineer under such Agreement and Construction Contract. This Notice is not a guarantee or warranty of Contractor's performance under the Construction Contract referred to in this Notice, nor an assumption of responsibility for any failure of Contractor to furnish and perform the Work thereunder in accordance with the Contract Documents. Page 2 (Exhibit E - Notice of Acceptability of Work) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT G, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Insurance Paragraph 6.04 of the Agreement is supplemented to include the following agreement of the parties. G6.04 Insurance A. The limits of liability for the insurance required by Paragraph 6.04.A and 6.04.13 of the Agreement are as follows: 1. By Engineer: a. Workers' Compensation: b. Employer's Liability -- 1) Each Accident: 2) Disease, Policy Limit: 3) Disease, Each Employee: c. General Liability -- 1) Each Occurrence (Bodily Injury and Property Damage) 2) General Aggregate: d. Excess or Umbrella Liability -- 1) Each Occurrence: 2) General Aggregate: Statutory $1,000,000 $1,000,000 $1,000,000 $1,000,000 $2,000,000 $1,000,000 $1,000,000 e. Automobile Liability --Combined Single Limit (Bodily Injury and Property Damage): Each Accident $1,000,000 f. Professional Liability — 1) Each Claim Made $5,000,000 2) Annual Aggregate $5,000,000 Page 1 (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 2. By Owner: a. The City of South Bend is a municipal corporation organized under the laws of the State of Indiana, and is self -insured under provisions of Indiana statutes and local ordinance. Specifically, the City of South Bend maintains blanket insurance coverage over real and personal property, and is covered by a non -reverting insurance premium and liability reserve fund created by the City of South Bend, Ordinance #6657-79, pursuant to Indiana Code 34-13-3-4, as amended from time to time. Under said statute, the City's liability is limited to: 1) Seven hundred thousand dollars ($700,000) for a cause of action that accrues on or after January 1, 2008; and 2) Five million dollars ($5,000,000) for injury to or death of all persons in that occurrence,; and 3) A governmental entity or an employee of a governmental entity acting within the scope of employment is not liable for punitive damages. B. AddifionalInsureds: b Engineer's Consult 3. The Owner shall be listed on Engineer's general liability policy as provided in Paragraph 6.04.A. Page 2 (Exhibit G - Insurance) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. This is EXHIBIT I, consisting of 1 page, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Limitations of Liability Paragraph 6.10 of the Agreement is supplemented to include the following agreement of the parties: A. Limitation of Engineer's Liability 1. Engineer's Liability Limited to Amount of Insurance Proceeds: Engineer shall procure and maintain insurance as required by and set forth in Exhibit G to this Agreement. Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, the total liability, in the aggregate, of Engineer and Engineer's officers, directors, members, partners, agents, employees, and Consultants to Owner and anyone claiming by, through, or under Owner for any and all claims, losses, costs, or damages whatsoever arising out of, resulting from, or in any way related to the Project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract, indemnity obligations, or warranty express or implied, of Engineer or Engineer's officers, directors, members, partners, agents, employees, or Consultantss (hereafter "Owner's Claims"), shall not exceed the total insurance proceeds paid on behalf of or to Engineer by Engineer's insurers in settlement or satisfaction of Owner's Claims under the terms and conditions of Engineer's insurance policies applicable thereto (excluding fees, costs and expenses of investigation, claims adjustment, defense, and appeal). if no suei - . ff-evided with f-espeet to Ov�%er-'s Claims, then the total liability, in the aggregate, e > > an Consultants to Ov�%er- and anyone elaiming by, dffeugh, or- tmder- Owner- for- any and all stfe B. Indemnification by Owner: To the fullest extent permitted by law, Owner shall indemnify and hold harmless Engineer and its officers, directors, members, partners, agents, employees, and Consultants from and against any and all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals, and all court, arbitration, or other dispute resolution costs) arising out of or relating to the Project, provided that any such claim, cost, loss, or damage is attributable to bodily injury, sickness, disease, or death or to injury to or destruction of tangible property (other than the Work itself), including the loss of use resulting therefrom, but only to the extent caused by any negligent act or omission of Owner or Owner's officers, directors, members, partners, agents, employees, consultants, or others retained by or under contract to the Owner with respect to this Agreement or to the Project. Page 1 (Exhibit I - Limitations on Liability) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright O 2008 National Society of Professional Engineers for EJCDC. All rights reserved. COMPREHENSIVE PLAN FOR SUCCESS E7 rl rr u n r0jo. oE3 1A- V cl 0-1 (204 i El BELMONTAVENUE 0 SCOPE OF SERVICES PRELIMINARY GEOTECHNICAL INVESTIGATION SOUTH BEND MARKET DISTRICT IMPROVEMENTS PROJECT CITY OF SOUTH BEND, INDIANA RII PROPOSAL NO. 23-1086 The following scope of services and cost estimate have been prepared in accordance with the information published in the Indiana Department of Transportation's (INDOT) Request for Proposal (RFP), through Local Public Agency (LPA) program, project #123-053, and information provided via e-mail as well as over the phone conversation with Mr. Eric Farny, P.E., with American Structurepoint, Inc. (ASI), between October 13 and November 6, 2023. This proposal has been prepared in accordance with the 2021 INDOT Geotechnical Manual (IGM) and the 2013 INDOT Design Manual (IDM). The project is understood to consist of study and design of the improvements within the entire Market District, in the City of South Bend, Indiana. As per the information received, the scope will be divided in to two (2) phases: Phase 1 will consist of improvements east of the St. Joseph River, and Phase 2 will comprise roadway and bridge improvements, west of the St. Joseph River. It is to be noted that this proposal considers this scope to be a preliminary limited subsurface investigation for Phase 1 of the project, so as to understand general site conditions. Upon receiving the Stage 1 design information, a detailed and separate, scope and fee proposal will be submitted to cover the proposed improvements within the entire corridor. Based on the information received the project the existing ramp from East Mishawaka Avenue to SR 23 will be eliminated, and that the existing East Branson Street, as well as East South Street will be extended to Northside Boulevard. Further, the Mishawaka Avenue extension will include a new roundabout at the intersection with South Eddy Street. The above improvements will result in new roadway alignments throughout the project limits. The existing SR 23 and Mishawaka Avenue roadways within the project limits are asphalt paved bidirectional roadways with two lanes in each direction of travel. Full width outside shoulders along the majority of these roadway alignments are present. The existing remaining roadways — including East Branson Street, East South Street, Belmont Avenue, South Eddy Street, Beyer Avenue, and Northside Boulevard — are two-way, bidirectional, asphalt paved roadways, without outside shoulders. For the above proposed improvements, as requested by ASI, this proposal considers the fieldwork to include limited roadway borings, pavement cores, topsoil sampling and 24-hour extended groundwater observations at selected locations. This proposal is prepared based on the consideration that all soils and groundwater are free of hazardous materials and/or petroleum products, and no personal protective equipment (PPE) will be necessary beyond which is required for the drilling operations (EPA Level D). If any such conditions are encountered during the field investigation, the client will be notified immediately, and the field program will be stopped until corrective actions can be performed. American Structurepoint, Inc. Resource International, Inc. South Bend Market District Improvements Engineering ConsultantsU City of South Bend, Indiana 1 Rii Proposal No. 23-1086 11/07/2023 A. Reconnaissance and Planning 1. Upon receiving authorization to proceed, Rii will retain a permit for soil borings within the right-of-way from the City of South Bend and/or St. Joseph County, as applicable. 2. A representative from Rii will perform site reconnaissance and mark all boring and pavement core locations in the field. The borings will be marked using white ribbon on wood lath or white paint in the pavement. During the field reconnaissance, the geotechnical engineer will document site geological conditions and map all boring locations. Rii utilizes a handheld GPS unit delivering sub -foot accuracy to locate soil borings. GPS coordinates of the boring locations will be acquired during field reconnaissance, along with the established project benchmarks. If benchmarks are not available, Rii will establish reference points at the site. 3. Rii will contact Indiana 811 at least 48 hours prior to drilling, as a standard precautionary measure for locating site utilities. It is requested that ASI or the City of South Bend supply to Rii any utility information they may have with respect to the proposed boring locations. 4. It is considered that the boring locations will be accessible to a truck or all -terrain vehicle (ATV) mounted drill rig, and that most of the boring / core locations will be located within existing right-of-way. However, within the limits of pavement improvements near South Bend Farmer's Market, access to private properties will be needed. As such, time has been allotted to prepare and distribute property owner notification letters to all entities that will be impacted by the geotechnical operations. B. Field Program 1. A drilling program was requested by ASI, consisting of a total of thirteen (13) roadway borings, designated as RB-1 through RB-13, within the project limits, along various roadway alignments, extending to depths varying from 15.0 to 20.0 feet below the existing grade. Please note that, since the proposed roadway improvements were unknown at the time of preparation of this proposal, roadway boring depths may be deeper than typical IGM requirements. Actual boring depths will depend on the conditions of the soil encountered. For the purpose of this proposal, a total drilling depth of 210.0 feet of soil sampling and no rock has been estimated. American Structurepoint, Inc. Resource International, Inc. South Bend Market District Improvements Engineering Consultants 11 City of South Bend, Indiana 2 Rii Proposal No. 23-1086 11/07/2023 As indicated above, it is to be noted that a detailed separate scope and fee proposal for the proposed Phase 1 improvements will be submitted to ASI, upon receiving the Stage 1 plan set, and that the investigation currently performed will be used as supplemental information for the project. 2. A truck and/or ATV mounted drill rig with continuous flight, hollow -stem or solid flight augers will be utilized to advance the borings 3. Perform standard penetration testing (SPT) and retain representative soil samples in accordance with Section 3.6.1 of the IGM. Sampling will be performed at 2.5-foot intervals to the boring termination depths. 4. In addition to the soil borings, INDOT guidelines indicate that soundings shall be performed either on or just off of the shoulder. A 24-hour water level reading will be obtained at select roadway borings following completion and removal of the augers. Due to the unknown composition of the subsurface soils, this proposal considers that a slotted PVC pipe will need to be installed in the boreholes to keep the boring open should any granular soil layer, that may cave-in or heave into the borehole be encountered during drilling. 5. In addition to the soil borings and soundings, ASI has requested to obtain pavement cores at every boring performed within the mainline driving lanes along various roadways, within the project corridor. Therefore, a total of eleven (11) pavement cores will be obtained. The pavement cores will be collected with a portable pavement core machine using a 4.0-inch diameter thin -walled core barrel. 6. Per INDOT guidelines, undisturbed Shelby tube sample shall be obtained for in -situ resilient modulus (MR) testing in accordance with Section 3.6.2.1 of the IGM. For the purpose of this proposal, a total of five (5) undisturbed (Shelby tube) soil samples will be obtained. 7. Further, as per the INDOT guidelines, bag samples shall be collected from the subgrade for moisture/density testing in accordance with Section 3.6.4 of the IGM. Therefore, for the purpose of this proposal, a total of two (2) 25-pound bag samples will be retained of representative subgrade soils for moisture/density and resilient testing. 8. The boreholes will be backfilled in accordance with Section 3.16 of the INDOT Geotechnical Manual and INDOT Aquifer Protection Guidelines. Care will be taken to ensure that the boreholes do not settle and create dangerous voids. The pavement will be patched with an equivalent thickness of quickset concrete or cold patch asphalt to match the existing pavement composition. American Structurepoint, Inc. Resource International, Inc. South Bend Market District Improvements Engineering ConsultantsU City of South Bend, Indiana 3 Rii Proposal No. 23-1086 11/07/2023 9. Additionally, a total of four (4) samples of existing topsoil will be collected within the project corridor for topsoil testing in accordance with Sections 3.6.6 and 5.21 of the IGM. 10. Rii field crews will exercise caution to minimize ground damage and will make reasonable efforts to restore the ground to the original condition. Any ground and vegetation damage incurred while gaining access to boring locations will be documented and reported. 11. Should subsurface conditions be encountered during test drilling that indicate additional or special drilling and/or special testing or analysis are required, we will contact your office for approval prior to proceeding. 12. During drilling, Rii will provide traffic control during the execution of the drilling program in accordance with the INDOT Worksite Traffic Control Manual. Lane closures will be required during execution of the field work. Therefore, traffic control will be provided using a combination of signs, cones, flaggers and arrow boards, as required. This proposal considers that there will be no time restrictions associated with the required permitting and that traffic control and drilling operations can be performed within full 8-hour work days. C. Testing Program In the laboratory, all samples will be visually classified and tested according to the IGM. Laboratory testing of representative samples will be performed in accordance with ASTM/AASHTO procedures to classify existing soils according to the AASHTO Classification System and to estimate engineering properties of importance for pavement and foundation design and construction considerations. In addition, the pavement cores will be visually described and photographed. The expected tests to be performed and the estimated quantities are presented in the attached fee schedule. The soil samples and pavement cores will be retained for a period of sixty (60) days after the completion of the geotechnical report, unless otherwise directed. D. Geotechnical Data Report Engineering evaluation and analysis shall be performed, and a report prepared and delivered (electronic PDF files) to include the following: Geology of the site including geological surface features, a description of topography, drainage conditions and surface vegetation. American Structurepoint, Inc. Resource International, Inc. South Bend Market District Improvements Engineering Consultants City of South Bend, Indiana 4 Rii Proposal No. 23-1086 11/07/2023 2. Boring/coring plan depicting the site characteristics as well as the boring and pavement core locations. 3. Descriptions of field exploration and laboratory testing programs. 4. Boring logs and laboratory test results, including groundwater observations made during drilling operations. 5. Summary of the retained pavement cores, including pavement core data sheets with photographs. 6. Estimated soil conditions and characteristics of the soil encountered in the borings and expected at the various locations. 7. A description of the soils expected to be encountered (as encountered in the borings) during excavation and at the pipe invert elevation for proposed storm sewers. 8. Any potential problematic soil conditions that might be troublesome during construction. Further, this proposal considers that soil profile sheets will not be required for the project. COST ESTIMATE AND TIME SCHEDULE The estimated cost of performing the geotechnical services for the subject project, as presented in the Scope of Services, is as follows and is outlined in the attached fee schedule. Geotechnical Field and Laboratory (Unit Rate)............................................................ $33,133.50 Geotechnical Enaineerina and Coordination (Lump Sum) ......................................... $10.928.50 Total Geotechnical Services.......................................................................................... $44,062.00 The fieldwork for the geotechnical investigation is expected to take approximately five (5) working days to complete. Following Authorization to Proceed, drilling would commence within four to five to six (5-6) weeks of receiving the necessary road occupancy permits. A geotechnical data report would be submitted within four to five (4 to 5) f fieldwork completion American Structurepoint, Inc. Resource International, Inc. South Bend Market District Improvements Engineering ConsultantsU City of South Bend, Indiana 5 Rii Proposal No. 23-1086 11/07/2023 Schedule of Boring / Pavement Coring South Bend Market District Improvement St. Joseph County, Indiana Rii Proposal No. 23-1086 Pavement Core/ Soil Boring Alignment Lane Offset Sample Type Boring Depth (feet) Rig Type Comments RB-1 SR 23 Driving N/A SS/PC/BS/ST 15.0 Truck Pavement Core, Subbase Sample, Bag Sample, Shelby Tube, Adjacent Sounding 15-foot Depth) RB-2 SR 23 Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample RB-3 SR 23 Driving N/A SS/PC/ST 15.0 Truck Pavement Core, Subbase Sample, Shelby Tube RB-4 SR 23 Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample RB-5 Northside Blvd Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample RB-6 Northside Blvd Driving N/A SS/PC/ST 15.0 Truck Pavement Core, Subbase Sample, Shelby Tube RB-7 Northside Blvd Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample RB-8 Northside Blvd Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample RB-9 E South Street Berm N/A SS 20.0 Truck/ATV Adjacent Sounding (20-foot Depth) RB-10 E Branson Street Berm N/A SS/BS/ST 20.0 Truck/ATV Bag Sample, Shelby Tube RB-11 Mishawaka Blvd Driving N/A SS/PC 20.0 Truck Pavement Core, Subbase Sample, Adjacent Sounding 15-foot Depth) RB-12 S Eddy Street Driving N/A SS/PC/ST 15.0 Truck Pavement Core, Subbase Sample, Shelby Tube RB-13 Beyer Ave Driving N/A SS/PC 15.0 Truck Pavement Core, Subbase Sample Total 210.0 South Bend Market District Improvement Project St. Joseph County, Indiana Rii Proposal No. 23-1086 Unit Unit Price Total GEOTECHNICAL FIELD 1. Mobilization and field coordination a. SPT Rig 1 each $284.00 $284.00 b. CPT each $475.00 c. Mileage 260 mi $3.70 $962.00 2. Truck mounted borings with split spoon sampling a. Standard 170 ft $20.00 $3,400.00 b. Nighttime ft $23.60 3. Truck mounted borings with drilling fluid a. Standard ft $22.00 b. Nighttime ft $26.00 4. Truck mounted rock core drilling a. Standard ft $41.00 b. Nighttime ft $48.40 5. Truck mounted borings a. Truck mounted borings through bedrock or boulders or concrete pavement i. Standard ft $41.00 ii. Nighttime ft $48.40 b. Bridge deck coring and restoration i. Standard each $368.00 ii. Nighttime each $434.00 6. Cone penetrometer testing a. Set up i. Standard each $84.00 ii. Nighttime each $99.00 b. Subsurface profiling i. Standard ft $13.00 ii. Nighttime ft $15.00 c. Profiling with pore pressure measurement i. Piezometric saturation a. Standard each $98.00 b. Nighttime each $115.00 ii. Penetration a. Standard ft $15.25 b. Nighttime ft $18.00 iii. Pore water dissipation test a. Standard hour $200.00 b. Nighttime hour $235.00 iv. Hydraulic conductivity and consolidation a. Standard each $79.00 b. Nighttime each $93.00 d. Profiling with shearwave velocity measurement i. Standard ft $17.00 ii. Nighttime ft $20.00 e. Sample i. Standard each $26.00 ii. Nighttime each $30.00 7. Hand or truck soundings a. Standard ft $13.25 b. Nighttime ft $15.50 8. Hand auger drilling 9. 10. 11. 12. 13. 14. 15. 16. 17 18. 19. 20. 21. 22. 23. a. Standard ft $13.75 b. Nighttime ft $16.25 Skid mounted borings with split spoon sampling a. Standard 40 ft $32.00 b. Nighttime ft $37.75 Skid mounted borings using drilling fluid a. Standard ft $33.50 b. Nighttime ft $39.50 Skid mounted rock core drilling a. Standard ft $46.00 b. Nighttime ft $54.00 Skid mounted boring through bedrock or boulders a. Standard ft $48.00 b. Nighttime ft $56.00 Skid mounted soundings a. Standard ft $19.00 b. Nighttime ft $22.00 Skid mounted cone penetrometer testing (CPT) a. Set up i. Standard each $121.00 ii. Nighttime each $143.00 b. Subsurface profiling i. Standard ft $18.75 ii. Nighttime ft $22.00 c. Profiling with pore pressure measurement i. Piezometric saturation a. Standard each $116.00 b. Nighttime each $137.00 ii. Penetration a. Standard ft $22.00 b. Nighttime ft $26.00 iii. Pore water dissipation test a. Standard hour $231.00 b. Nighttime hour $273.00 iv. Hydraulic conductivity and consolidation a. Standard each $89.00 b. Nighttime each $105.00 d. Profiling with shearwave velocity measurement i. Standard ft $26.25 ii. Nighttime ft $31.00 e. Sample i. Standard each $34.00 ii. Nighttime each $40.00 Furnishing of a boat Actual Cost Barge set-up expenses a. Navigable water i. Barge set-up each $6,300.00 ii. Rental of support equipment and/or boat each Actual Cost iii. Drill rig down time hour $157.00 b. Non -navigable water barge set-up each $5,250.00 Additional disassembly and reassembly a. Navigable water each $2,200.00 b. Non -navigable water each $2,000.00 Barge mounted borings with split spoon sampling ft $35.00 Barge mounted rock core drilling ft $48.00 Barge mounted boring through bedrock or boulders ft $48.00 Barge mounted soundings ft $21.00 Casing through water ft $9.00 Uncased sounding through water ft $6.00 $1,280.00 24. Set up for borings and machine soundings a. Borings and machine soundings less than 20 ft deep 23 each $74.00 $1,702.00 b. Rock core borings each $126.00 25. Additional 2-in. split spoon sampling 16 each $22.00 $352.00 26. 3-in. split spoon samples each $24.00 27. 3-in. Shelby tube samples 5 each $66.00 $330.00 28. Bag Samples a. 25-lb sample 2 each $54.00 $108.00 b. 5-lb sample 4 each $35.00 $140.00 29. Field vane shear test a. Standard each $121.00 b. Nighttime each $143.00 30. 4 1/2-in. cased hole ft $13.25 31. Installation of geotechnical instruments a. Inclinometer casing installation i. Standard ft $16.00 ii. Nighttime ft $19.00 b. Piezometer installation up to 25 ft below surface each $284.00 c. Piezometer installation deeper than 25 ft below surface each $315.00 d. Metal protective outer cover for inclinometer and piezometer each $132.00 casings 32. Railroad expenses Actual Cost 33. Twenty-four hour water levels a. Field measurements per borehole i. Standard 3 each $40.00 $120.00 ii. Nighttime each $48.00 b. PVC slotted pipe 50 ft $6.50 $325.00 34. Borehole backfilling a.0to15ft i. SPT a. Standard 20 each $150.00 $3,000.00 b. Nighttime each $175.00 ii. CPT a. Standard each $49.00 b. Nighttime each $57.00 b. More than 15 ft i. SPT a. Standard 60 ft $7.00 $420.00 b. Nighttime ft $8.25 ii. CPT a. Standard ft $2.00 b. Nighttime ft $2.40 c. Pavement restoration i. Standard 18 each $65.00 $1,170.00 ii. Nighttime each $75.00 35. Equipment rental Actual Cost 36. Traffic control a. Flag crew day $800.00 b. Equipment rental and professional traffic services Actual Cost $10,000.00 c. Flag crew with equipment day $950.00 37. Centerline surveying Actual Cost 38. Percolation Test a. Granular Soils (A-1, A-2, A-3) each $2,000.00 b. Cohesive Soils (A-4, A-5, A-6, A-7) each $3,000.00 Subtotal (Geotechnical Field) $23,593.00 GEOTECHNICAL LABORATOR` 39. Sieve analysis for soils 17 each $52.00 $884.00 40. Hydrometer analysis 17 each $61.00 $1,037.00 41. Sieve analysis for aggregates a. Analysis by washing (AASHTO T-11) each $81.00 b. Analysis by using (AASHTO T-27) each $142.00 42. Liquid limit 13 each $41.00 $533.00 43. Plastic limit & plasticity index 13 each $30.00 $390.00 44. Liquid limit ratio each $79.00 45. pH test 17 each $16.50 $280.50 46. Loss on Ignition Test a. Loss on Ignition Test (Conventional) 8 each $26.00 $208.00 b. Loss on Ignition Test (Sequential) each $55.00 c. Organic content based on calorimeter each $26.00 47. Topsoil tests a. Phosphorus test 4 each $23.00 $92.00 b. Potassium test 4 each $23.00 $92.00 48. Moisture content test a. Moisture content test (conventional) 88 each $7.25 $638.00 b. Moisture content test (microwave) each $9.00 49. Expansion index of soils each $247.00 50. Specific gravity test each $38.00 51. Unit weight determination each $19.00 52. Hydraulic conductivity test a. Constant head each $247.00 b. Falling head each $300.00 53 Unconfined compression test on soils & rocks a. Unconfined compression test (soils) each $50.00 b. Remolding of soil samples with chemical admixtures in chemical each $125.00 soil modification/stabilization (3 samples is equal to 1 unit) c. Point load strength index of rock each $55.00 54. Compressive strength and elastic moduli of intact rock a. Compressive strength of intact rock each $120.00 b. Elastic moduli of intact rock each $452.00 55. Consolidation test each $500.00 56. Triaxial Test a. Unconsolidated - Undrained (UU) each $375.00 b. Consolidated - Undrained (CU) each $550.00 c. Consolidated - Drained (CD) each $775.00 d. Pore pressure measurement with a. or b. and use of back each $260.00 pressure for saturation 57. Direct shear test each $575.00 58. Moisture -density relationship test a. Standard Proctor 2 each $150.00 $300.00 b. Modified Proctor each $165.00 59. Soil Support Testing a. Subgrade Resilient Modulus on remoulded soils each $660.00 b. Resilient modulus on Shelby tube 2 each $420.00 $840.00 60. Collapse potential evaluation test a. Cohesive or expansive soils each $500.00 61. Water soluble sulfate test 4 each $110.00 $440.00 62. Water soluble chloride test each $110.00 63. Soil resistivity test each $150.00 64. Rock durability tests a. Slake durability index test each $140.00 b. Jar slake test each $15.00 Subtotal (Geotechnical Laboratory) $5,734.50 CONSTRUCTION INSPECTION AND MONITORING 74. Pressure meter testing services 75. Mobilization of testing equipment 77. Integrity testing 79. Dynamic pile analysis 81. Dynamic pile load test 82. CAPWAP-C analysis day $1,800.00 LS $200.00 Actual Cost each $1,100.00 Actual Cost each $600.00 Subtotal (Construction Inspection and Monitoring) PAVEMENT INVESTIGATION 88. Mobilization of coring equipment LS $225.00 89. Mobilization mileage for coring equipment mi $2.00 90. Pavement core (partial depth) each $140.00 91. Pavement core (full depth) a. Standard 11 each $215.00 b. Nighttime each $255.00 92. Subbase sample 11 each $66.00 93. Cement concrete pavement core density determination each $36.00 94. Cement concrete core compressive strength test each $35.00 95. Bituminous extraction test each $90.00 96. Sieve analysis of extracted aggregate test each $61.00 97. Recovery of asphalt from solution by Abson method each $378.00 98. Theoretical maximum specific gravity test each $80.00 99. Bulk specific gravity test each $35.00 100. Air voids calculation each $31.00 101. Core report 11 each $65.00 Subtotal (Pavement Investigation) For items 1d, 1e, 36d, 65 through 73, 76, 78, 80, 83 through 87 and 102 please refer to separate hourly rate schedule. Summary of Fees Geotechnical Field $23,593.00 Geotechnical Laboratory $5,734.50 Construction Inspection and Monitoring Pavement Investigation $3,806.00 Engineering and Coordination $109928.50 Estimated Total $44,062.00 $2,365.00 $726.00 $715.00 $3,806.00 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 1 /31 /2024 Name Leslie Biek, PE Department PW BPW Date 2/13/2024 Phone Extension 9323 Review and Approval Required Prior to Submittal to Board Diversity Compliance ❑ Officer Name and Inclusion Officer BPW Attorney ❑ Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Required. for All Submissions ® Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution 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 American Structureooint ❑ Yes ❑ If Yes, Approved by Purchasing ® No ❑ ❑ MBE Completed E-Verify Form Attached ❑ Yes No Market District Planning 123-053; PROJ 526 REDA TIF and RW TIF PR 30958 $2,944,122.00 27 months from NTP Preliminary Engineering services for the planning of the Market District improvements. For Chance Orders Onl 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: