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Amendment No. 1 to PSA - Marion Street Pedestrian Bridge Proj No 123-060 - Lochmueller Group
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BREANA N. MICOU 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS June 10, 2025 Ms. Jessica J. Clark Lochmueller Group Inc. 112 West Jefferson Blvd. South Bend, IN 46601 jpittman@lochgroup.com RE: Amendment No. 1 to Professional Services Agreement Dear Ms. Clark: At its June 10, 2025 meeting, the Board of Public Works approved the above referenced agreement for the design services for the Marion Street Pedestrian Bridge, Project No. 123-060 in the amount of $430,000. Enclosed please find the original of the agreement for your signature. Please sign and return the agreement to hhorvath@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/hh BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM TO: Board of Public Works FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: Preliminary Marion Street Pedestrian Bridge PSA/Consultant Contract 123-060 DATE: 6/10/2025 Attached is Amendment #1 to the PSA/Consulting Agreement for the Marion Street Pedestrian Bridge project with Lochmueller Group Inc. The scope of the project is to design a new pedestrian bridge that will carry a Multi-Use Path across the St. Joseph River at Marion Street to the East Bank Trail. The proposed bridge will be a stand- alone two-span pre-engineered, prefabricated steel truss structure with a reinforced concrete deck on reinforced concrete substructure units on a deep foundation consisting of driven piles. This contract is for design services needed to bid the project. Originally the contract was to perform preliminary engineering and provide an alternative analysis report to determine the alignment of the bridge. The schedule of the project is to bid late fall of 2025 with construction in 2026. It is requested the Board of Public Works approve Amendment #1 of the PSA/Consulting Agreement with Lochmueller Group Inc. for the Marion Street Pedestrian Bridge. Thank you for your consideration of this request. Page 1 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) 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 K, consisting of 4 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated November 14, 2023. AMENDMENT TO OWNER-ENGINEER AGREEMENT Amendment No. 1 1.Background Data: a.Effective Date of Owner-Engineer Agreement: November 14, 2023 b.Owner:Board of Public Works, City of South Bend, Indiana c.Engineer: Lochmueller Group, Inc. d.Project: Design of Pedestrian Bridge connecting Marion Street over the St. Joseph River to the East Bank Trail 2.Description of Modifications: a.Engineer shall perform or furnish the following Additional Services: 1.Set forth in Exhibit “1”, attached hereto and incorporated herein by reference. b.The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: Item A1.03 is deleted and reinserted as follows: A1.03 HYDRAULICS AND SCOUR ANALYSIS 1.The drainage area of St. Joseph River is greater than 50 square miles at the project site. Therefore, the completion of hydraulic services in preparation of a Construction in a Floodway (CIF) Permit from the Indiana Department of Natural Resources (IDNR) will be necessary. The hydraulic services for this project will consist of the hydrologic, hydraulic and scour computations necessary to provide an appropriate bridge hydraulic opening. Hydraulic modeling will be completed as required by the INDOT Design Manual, IDNR and the Owner. An FIS hydraulic model and CIF Permit models exist for this site. 2. Hydraulic modeling tasks shall include the following: a. Drainage area determination by Stream Stats and collection of other needed background data b. Determination of Q100 discharge from IDNR “Indiana Peak Discharge Determination System” c.Prepare Natural Conditions hydraulic model d.Prepare Corrected Effective hydraulic model e.Prepare Existing Conditions hydraulic model f.Prepare Proposed Conditions hydraulic model Page 2 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. g. Prepare IDNR Hydraulic Modeling Checklist in support of CIF Permit Application. h. Perform scour computations i. Design scour countermeasures j. Prepare hydraulic report 3. Update hydraulics calculations and report to account for Federal Emergency Management Agency (FEMA) flood height “No-Rise” requirements. Item A1.05 is deleted and reinserted as follows: A1.05 SERVICES NOT BEING PERFORMED BY ENGINEER UNDER THIS AGREEMENT Any services not specifically included above are not included in Engineer’s Scope of Services being provided under this Agreement. The services not being provided under this Agreement include, but are not limited to, the following: 1. Geotechnical Investigation and Report 2. Permitting 3. Utility Coordination Services 4. Environmental Services 5. Administering, and/or attending an informal public information meeting 6. Prepare for, advertise, administer, and attend a public hearing 7. Right-of-Way Engineering 8. Right-of-Way Acquisition Services 9. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys 10. Construction Inspection Services 11. Construction Phase Office Services 12. Bridge Design 13. Roadway Design 14. Preparation of plans in accordance with INDOT requirements for a federally funded project 15. Stream and wetland mitigation 16. Floodway habitat mitigation services 17. NEPA Documentation 18. Section 7 consultation 19. Phase II Limited Site Investigation (LSI) 20. Development of a remediation work plan 21. Prepare Owner-Utility Reimbursement agreement 22. Right of way staking for utility relocations 23. Individual Section 404 Department of the Army Corps of Engineers Permit 24. SWCD and MS4 review fees 25. IDEM Construction Stormwater General Permit and inspections 26. Completion of the IDEM Construction Stormwater General Permit Notice of Termination 27. Buying Review 28. Relocation and/or Relocation Review Page 3 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 29. Closings 30. Property Management 31. Traffic Control for Geotechnical Investigation 32. Tree clearing for Geotechnical Investigations c. For the Additional Services or the modifications to services set forth above, Owner shall pay Engineer the following additional or modified compensation: f. Hydraulics and Scour Analysis - Lump Sum .................................................. $8,800.00 g. Bridge Design and Plan Development - Lump Sum ................................... $111,700.00 h. Roadway Design and Plan Development - Lump Sum................................. $47,600.00 i Lighting Design and Plan Development - Lump Sum .................................. $14,900.00 j. Permitting - Lump Sum ................................................................................ $66,400.00 k. Utility Coordination - Lump Sum ................................................................. $37,500.00 l. Project Management - Lump Sum ................................................................ $15,000.00 m. Geotechnical Investigation - Lump Sum ...................................................... $61,000.00 n. Title Research (2 Parcels @ $925.00/Parcel) - Unit Rate ............................... $1,850.00 o. Right-of-Way Engineering (2 Parcels @ $4,800.00/Parcel) - Unit Rate ........ $9,600.00 p. Right-of-Way Staking (2 Parcels @ $750.00/Parcel) - Unit Rate .................. $1,500.00 q. Right-of-Way Acquisition Services - Unit Rate ........................................... $24,750.00 r. Construction Phase Office Services -Lump Sum .......................................... $25,200.00 s. Post Construction Phase Services-Lump Sum ................................................ $5,000.00 d. The schedule for rendering services is modified as follows: Final Plans – October 1, 2025 Final Tracings Package – 2 weeks prior to agreed Letting Date but not sooner than November 1, 2025. 3. Agreement Summary (Reference only) a. Original Agreement amount: $97,000.00 b. Net change for prior amendments: $0.00 c. This amendment amount: $430,800.00 d. Adjusted Agreement amount: $527,800.00 The foregoing Agreement Summary is for reference only and does not alter the terms of the Agreement, including those set forth in Exhibit C. Owner and Engineer hereby agree to modify the above-referenced Agreement as set forth in this Amendment. All provisions of the Agreement not modified by this or previous Amendments remain in effect. The Effective Date of this Amendment is __________________. Page 4 (Exhibit K – (Amendment to Owner-Engineer Agreement) – Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved. OWNER: ENGINEER: City of South Bend, Indiana Board of Public Works Lochmueller Group, Inc. By: By: Title: Elizabeth A. Maradik, President Title: Jessica J. Clark, PE Northern Indiana Regional Leader By: Title: Joseph R. Molnar, Vice President By: Title: Gary A. Gilot, Member By: Title: Breana Micou, Member By: Title: Murray Miller, Member Attest: Title: Theresa Heffner, Clerk Date: Date: Engineer License or Firm's Certificate No. 19400098 State of: Indiana Address for giving notices: Address for giving notices: 227 West Jefferson Boulevard South Bend, Indiana 46601 112 West Jefferson Boulevard, Suite 500 South Bend, Indiana 46601 Designated Representative (Paragraph 8.03.A): Designated Representative (Paragraph 8.03.A): Eric Horvath, P.E. Jennifer Pittman Title: Structural Department Manager Phone Number: (574) 334-5475 Facsimile Number: Title: City Engineer, Director of Public Works Phone Number: (574) 235-5933 Facsimile Number: (574) 235-9251 E-Mail Address: ehorvath@southbendin.gov E-Mail Address:JPittman@lochgroup.com June 3, 2025 A1.07 Final Design Phase A. After acceptance by Owner of the Preliminary Design Phase documents, revised opinion of probable Construction Cost as determined in the Preliminary Design Phase, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: 1. Prepare final Drawings and Specifications indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. 2. Provide technical criteria, written descriptions, and design data for Owner’s use in filing applications for permits from or approvals of governmental authorities having jurisdiction to review or approve the final design of the Project; assist Owner in consultations with such authorities; and revise the Drawings and Specifications in response to directives from such authorities. 3. Advise Owner of any adjustments to the opinion of probable Construction Cost known to Engineer. 4. Prepare and furnish bidding documents for review by Owner, its legal counsel, and other advisors, and assist Owner in the preparation of other related documents. Within 14 days of receipt, Owner shall submit to Engineer any comments and, subject to the provisions of Paragraph 6.01.G, instructions for revisions. 5. Revise the bidding documents in accordance with comments and instructions from the Owner, as appropriate, and submit 1 final copies of the bidding documents, a revised opinion of probable Construction Cost, and any other deliverables to Owner within 14 calendar days after receipt of Owner’s comments and instructions. 6. Perform or provide the following additional Final Design Phase tasks or deliverables: a. BRIDGE DESIGN AND PLAN DEVELOPMENT 1) Design a new pedestrian bridge that will carry a Multi-Use Path across the St. Joseph River at Marion Street to the East Bank Trail. The proposed bridge will be a stand-alone two-span pre-engineered, prefabricated steel truss structure with a reinforced concrete deck on reinforced concrete substructure units on a deep foundation consisting of driven piles. The structure will have a clear roadway width of 12’-0” to 13’-0”. Some long truss spans require additional width for stability. a) Designed in English units and in accordance with the following references, policies and guidelines: • City of South Bend Standards and Specifications, • Indiana Department of Transportation Standard Specifications 2026, • Indiana Design Manual, • INDOT Design Memoranda, • INDOT Drainage Design Manual, • INDOT Roadway Design Manual, • Indiana Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), • Where conflict exists between the City of South Bend Standards and Specifications and those of the Indiana Department of Transportation, the City of South Bend Standards and Specifications shall prevail, unless otherwise directed. 2) Prepare a 2D plan view rendering for the Owner for public information purposes. 3) Prepare (1) set of Final Check Plans and Opinion of Probable Construction Cost for review by the Owner. 4) Upon approval of the Final Check Plans, the Engineer shall prepare Final Contract Documents, including: a) Final Tracing Prints submission, which will include: • Construction details • Right of way impacts, including access provisions to adjacent properties • Maintenance of traffic provisions • Specifications • Notice to bidders and Instruction to Bidders • Special Provisions • A statement of probable construction cost: The statement of probable construction cost shall include all items of work required for the complete construction of the work, including all temporary work necessary in connection therewith, but shall not include the cost of such items of work for which the Owner, through its own force or through other party or parties, will prepare detail plans. The unit prices to be used shall be in accordance with the methods used by the Indiana Department of Transportation. 5) The design of this Project is on the basis that the project will be funded with local funds. Design changes due to alternate funding, bridge alignment or roadway/trail construction limit changes shall be considered Additional Services. b. ROADWAY DESIGN AND PLAN DEVELOPMENT 1) The proposed improvements to tie in the proposed Marion Street Bridge to the adjacent built environment will include new sidewalk, multi-use path, curb, minor roadway restoration, and drainage. Extent of trail work will be limited to length required to transition to existing grade from proposed bridge elevation. a) Designed in English units and in accordance with the following references, policies and guidelines: • City of South Bend Standards and Specifications, • Indiana Department of Transportation Standard Specifications 2026, •Indiana Design Manual, •INDOT Design Memoranda, •INDOT Drainage Design Manual, •INDOT Roadway Design Manual, •Indiana Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD), •Where conflict exists between the City of South Bend Standards and Specifications and those of the Indiana Department of Transportation, the City of South Bend Standards and Specifications shall prevail, unless otherwise directed. 2)Prepare (1) set of Final Check Plans and Opinion of Probable Construction Cost for review by the Owner. 3)Upon approval of the Final Check Plans, the Engineer shall prepare Final Contract Documents, including: a)Final Tracing Prints submission, which will include: •Construction details •Right of way impacts, including access provisions to adjacent properties •Maintenance of traffic provisions •Specifications •Notice to bidders and Instruction to Bidders •Special Provisions •A statement of probable construction cost: The statement of probable construction cost shall include all items of work required for the complete construction of the work, including all temporary work necessary in connection therewith, but shall not include the cost of such items of work for which the Owner, through its own force or through other party or parties, will prepare detail plans. The unit prices to be used shall be in accordance with the methods used by the Indiana Department of Transportation. 4)Base maintenance of traffic for the project on closing the roadway to through traffic during construction. Local access to homes and businesses will be maintained. Maintenance of traffic plans will be designed in accordance with the Indiana Manual of Uniform Traffic Control Devices (IMUTCD). 5)Design sidewalks and multi-use paths to meet current ADA guidelines. 6)Prepare plans for new roadway signage and pavement markings in accordance with the IMUTCD. 7)Prepare Erosion Control plans for the project. 8)Prepare details of non-standard roadway items to be included on detail sheets with the project plans. 9)The design of this Project is on the basis that the project will be funded with local funds. Design changes due to alternate funding, bridge alignment or roadway/trail construction limit changes shall be considered Additional Service. c. LIGHTING 1) Project Description and Understanding of Improvements a) Provide design services related to the implementation of decorative street lighting equipment along both sides of the proposed Marion Street Pedestrian bridge over the St. Joseph River in South Bend, Indiana. • It is assumed the project limits where proposed lighting facilities will be required only include areas on the proposed pedestrian bridge structure itself (approximately 400 lineal feet). Therefore, the implementation of proposed lighting facilities along Marion Street, Riverside Drive, or the East Bank Trail beyond the limits of the proposed pedestrian bridge structure will not be required for this project. • It is assumed that decorative street lighting will be pedestrian scale only and inset within proposed bridge railings. Therefore, implementation of pedestrian pole assemblies atop or outside of the proposed bridge structure will not be required. • Temporary lighting plans are not included in this scope of work. 2) Decorative Street Lighting Design a) Coordinate with the Owner to verify project goals, aesthetic lighting preferences, and overall performance requirements for the proposed lighting facilities. b) Coordinate with the Owner’s preferred equipment vendor to verify product information, specifications, and other construction related requirements. c) Coordinate with local power company to verify location of proposed power source d) Review existing topography survey base sheets. e) Develop a lighting model utilizing Acuity Visual software to determine proposed light levels within the project limits. f) Prepare a Preliminary lighting plan submittal that reflects the installation of new lighting infrastructure within the project limits listed in Task 1.a.1, and then submit to Owner for review and comment. The Preliminary lighting plans submittal would include the following: • Lighting Index and General Note Sheet • General plan sheet related elements including plan views; location of existing utilities, service points, and lighting equipment; Right-of- Way information; proposed conduit/wire type and locations; and all proposed lighting elements. • Provide preliminary project cost estimate related to the proposed lighting improvements. g) Perform project site visit to verify existing field conditions, as well as placements of proposed equipment and service point. h) Revise the Preliminary lighting plans based on initial review comments received from Owner and/or changes recommended based on project site visit, and then submit as Final Check Plans to the owning agencies for approval. Final Check plans would include the following: • Design details showing proposed lighting within pedestrian bridge railings, and final location of proposed service point • Completion of wire size and breaker size calculations to each circuit. • Voltage drop calculations. • Quantity calculations for each pay item. • The Final Check Plans deliverable will also include final specifications, unique special provisions, and cost estimates relative to the proposed lighting improvements. i) Revise the Final Check Plans per comments received from City, and develop construction plans as part of the Final Contract Documents submittal. j) Provide responses to requests for information regarding the lighting design from potential Contractors during the bidding and construction phase of the project. k) Review equipment information sheets, shop drawings, and related information submitted by the Contractor to confirm concurrence with the design intent and applicable standards. d. PERMITTING 1) Environmental Permits - Prepare the USACE Section 404 Regional General Permit, IDEM Section 401 Water Quality Certification, and Indiana Department of Natural Resources (IDNR) Construction in a Floodway (CIF) Permit for impacts to identified jurisdictional resources. Additional services and fee will be required to cover the effort of preparing any permits and mitigation plans beyond those identified below. The tasks to be performed shall include the following items. a) Permit Management/Coordination – Management of the permitting tasks and coordination with project designers to keep the project on schedule and on budget. b) Field Inspection – Complete a field inspection of the project area. The field inspection shall include a survey by two environmental specialists to document potential environmental resources, including any streams, wetlands, that are likely to be regulated by the U.S. Army Corps of Engineers (USACE) and/or Indiana Department of Environmental Management (IDEM). This task also includes preparation and mobilization for field work. c) Waters Report Preparation – Prepare a Wetland Delineation/Waters Report to determine the presence of wetlands and other aquatic resources that are regulated by the U.S. Army Corps of Engineers (USACE) and/or IDEM. The Wetland Delineation/Waters Report will include the location of wetlands and stream features. Prepare the Wetland Delineation in accordance with the USACE Wetland Delineation Manual (1987) and guidance provided by the USACE since 1991, including the appropriate Regional Supplement to the Corps of Engineers Wetland Delineation Manual. d) USACE 404 Regional General Permit – Complete the US Army Corps of Engineers (USACE) Regional General Permit with Section 10 certification for impacts to a navigable waterway. This task does not include the completion of any permits beyond the Regional General Permit and if the project results in impacts greater than the limitations of the Regional General Permit, additional services and fee will be required to complete the permit application. It is assumed the project will impact less than 300 linear feet and less than 0.1 acre of Waters of the U.S. and not require any mitigation. The scope of work does not include completion of any mitigation development activities. e) IDEM 401 Regional General Water Quality Certification – Compete the Indiana Department of Environmental Management (IDEM) 401 Water Quality Certification (WQC) Regional General Notification. As stated above, this scope of work assumes the project will not require mitigation and no mitigation site development activities are included in this scope of work. f) IDNR Construction in a Floodway (CIF) Permit – The project is anticipated to require a Construction in a Floodway (CIF) Permit. Complete all IDNR Construction in a Floodway application information, including all public involvement items required by the permit. This task does not include completion of any mitigation activities for floodway habitat impacts that may be caused by the project. If any mitigation is required for the Construction in a Floodway approval, additional services will be required to complete the mitigation efforts. 2) Section 106 Historic Properties/Archaeological Clearance: The following scope of work includes the activities needed for Section 106 clearance regarding the above referenced project, which is necessary due to the federal action prompted by way of the US Army Corps of Engineers (USACE) Section 404 permit. The survey limits to be included in the Section 106 investigation extend approximately 300 feet from both bridge alignment alternatives. a) Section 106 Project Organization/Coordination – Management and coordination activities associated with the preparation of the required Section106 work. Perform all file management, review of project budget and coordination of subconsultant (archaeology) work. b) Area of Potential Effects (APE) Delineation and Field Inspection – Upon review of preliminary design information, formulate an APE, which will define the limits of the survey for aboveground resources that are listed or determined eligible for inclusion in the National Register of Historic Places (NRHP). The APE may extend beyond the defined survey limits. An Historian-Section 106 Specialist, who meets the Secretary of the Interior’s Professional Qualification Standards as per 36 CFR Part 61, shall complete this field inspection documenting properties rated as Contributing, Notable, and Outstanding. Effort for this task also includes mobilization and demobilization. c) Historic Properties Report (HPR)/Effects Assessment: Prepare a Historic Properties Report/Effects Assessment (HPR/EA) that documents the results of the Qualified Professional’s survey of aboveground resources. Effort under this task also will evaluate the effect the project will have on historic resources of concern. d) Phase 1A Archaeological Report – Provide archaeological services including an archaeological records review and Phase 1A archaeological field reconnaissance. Review and submit the resulting archaeological report to USACE for approval, prior to disseminating it to consulting parties (State Historic Preservation Officer [SHPO] and Tribes only). e) Consulting Parties Meeting – Prepare for and facilitate one (1) Consulting Parties Meeting to discuss the project, historic resources of concern, and the project’s effects on the historic resources of concern with those interested Consulting Parties. This effort also includes the preparation and distribution of a meeting summary. f) Effects Finding Preparation – Assist the USACE with the preparation of the appropriate level of effects documentation for the project. It is anticipated the project will result in a finding of “Adverse Effect” due to the introduction of the bridge within two National Register-eligible historic districts (one on either side of the bridge) and near the potentially eligible Milton Home property. The effects documentation shall be submitted to USACE for approval prior to distribution to consulting parties. g) Memorandum of Agreement (MOA) Development/Advisory Council on Historic Preservation Coordination (ACHP) Coordination – Prepare, in coordination with USACE and the City of South Bend, a MOA intended to identify resolutions of adverse effects to historic properties. Manage distribution of the MOA for execution. In addition, complete the necessary form for USACE to initiate consultation with the ACHP. e. UTILITY COORDINATION 1) Perform utility coordination services in accordance with 105 IAC 13, IDM Chapter 104, INDOT Accommodation Policy, and FHWA Program Guide: Utility Relocation and Accommodation on Federal Aid highway Projects. Utility coordination is included for coordination with up to eight public utilities and five private utilities. Specific tasks for this utility coordination include the following: a) Perform the requirements of IAC 13-3-1, including the identification and documentation of utility stakeholders within the Project Limits; and prepare and distribute all required utility correspondence. b) Prepare and maintain utility coordination records and database. c) Prepare and send a letter to each affected utility requesting verification of the information shown in the project plans. d) Coordinate and obtain SUE Quality Levels B, C, and D for the project limits. Include the SUE data in project deliverables, plans, and coordination efforts. Coordinate to acquire SUE QLA information as needed. e) Develop and maintain a utility conflict matrix. f) Prepare and send each utility a set of preliminary plans and request that the utility identify conflicts with their facilities. Perform conflict analysis and consider design alternatives to avoid or minimize impacts to utility facilities. g) Send each utility a set of preliminary final plans and request utility work plans, assist in the development of the work plans, and review the work plans for the identified facilities within the project area. h) Recommend work plans for approval including narrative portion and relocation drawing. i) Present all project reports necessary for project delivery such as status reports and risk reports. j) Lead or facilitate any meetings involving utility specific activities such as kick-off meetings, conflict resolution meetings and reimbursement eligibility meetings. k) Develop a Utility Master Relocation Plan and prepare a Utility Relocation Schedule if relocations are required. l) Prepare and sign utility special provisions, utility certification, and all other required contract letting documents. m) Conduct post letting coordination services to include tracking utility relocations, answering utility related questions, and in person or virtual attendance at construction progress meetings. 2) There are utilities existing in the project limits that will be affected by the project and the project will require full coordination services. 3) Relocations will be necessary, and relocations may be concurrent with construction and will require post letting utility coordination services. f. GEOTECHNICAL INVESTIGATION Make or cause to be made a complete geotechnical investigation. 1) Field Work a) Drill up to two (2) borings to a depth of 90 feet – one (1) near each proposed abutment using an ATV-type or rig to access the boring locations. Access to the eastern abutment of either alternative may require drilling from the existing pavement lot/sidewalk. b) Coordinate our work with the City and obtain the necessary permits. Site access for private property will be coordinated by others. 2) Geophysical Survey a) Perform a marine seismic survey in effort to evaluate stratification and engineering characteristics of the subsurface in the river near the interior pier, Bathymetry is included as part of the seismic survey. b) Coordinate with the appropriate authorities for permits prior to survey. 3) Laboratory Testing Perform testing in general accordance with the standard of care for similar projects for estimating classification and strength characteristics of the encountered soils. 4) Geotechnical Engineering Summarize observations, laboratory testing, and recommendations in a letter report, including up to three foundation analyses (deep and/or shallow). g. RIGHT-OF-WAY ENGINEERING 1) Prepare final right-of-way plans, title research, legal descriptions, route survey plats or right-of-way parcel plats, and other materials to be used in the acquisition of right-of-way for up to two (2) parcels: a) Title Research: Prepare a documented title search covering an interval of time including one valid transfer of fee title beyond a twenty-year period from the date of the search. The title search shall include all liens (taxes, mortgages, easements, recorded judgments, etc.) and any encumbrances against the property found to be of record. b) Right-of-Way Engineering: Prepare a legal description, right-of-way parcel plat and other materials to be used in the acquisition of right-of- way in accordance with the Right-of-Way Engineering Procedure Manual and in accordance with Indiana Administrative Code 865 IAC 1-12, ("Rule 12"). c) Right-of-Way Staking: Set stakes at right-of-way break points, and at intermediate points as necessary, to allow visual inspection of the right- of-way line, if necessary, to delineate the location of the proposed permanent and temporary right-of-way line(s) for the benefit of the property owner, the appraiser, and the buying agent. h. RIGHT-OF-WAY ACQUISITION SERVICES 1) Perform Right of Way Services in accordance with the INDOT Real Estate Division Manual (RED Manual) for up to two (2) parcels. 2) Management and Supervision a) Administer, schedule, and coordinate the following activities necessary to certify that the right-of-way has been acquired and the project is clear for construction letting: meetings, conferences, and communications with the Property Owner(s), the Relocatee(s), the Attorney(s), the Engineer(s), the Appraiser(s), the Buying Agent(s), the Relocation Agent(s), and the Federal Highway Administration (FHWA). b) Deliver documentation to Owner so that Owner may make all arrangements to record the conveyance documents, deliver payment to each property owner, and/or to file for condemnation. c) Provide Owner with executed conveyance documents (suitable for recording) and a close out file for each parcel secured through negotiations per the Real Estate Division manual. d) Provide Owner with a recommendation for condemnation for each parcel referred to Owner for condemnation per the Real Estate Division manual. 3) Appraisal Problem Analysis - Prepare an Appraisal Problem Analysis for each parcel in accordance with the current Indiana Department of Transportation’s Real Estate Division Manual at the time the services are provided. The Appraiser performing said work shall be a licensed appraiser in the State of Indiana and an approved Review Appraiser for INDOT. 4) Waiver Valuation - Prepare a waiver valuation for each parcel as recommended by the approved Appraisal Problem Analysis, in accordance with the current, INDOT Appraisal Manual, and Indiana Law. If applicable the report shall comply with the Uniform Standard of Professional Appraisal Practice (USPAP) 5) Appraisal Services a) Prepare an Appraisal for each parcel as recommended by the approved Appraisal Problem Analysis by a licensed appraiser in the State of Indiana and an INDOT qualified Appraiser. b) All Appraisals shall comply with the following: • Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (URA) Public Law 91-646 dated January 2, 1971 (The Uniform Act). All Appraisals must conform to Title III of the Uniform Act and appropriate Federal regulations. • 49 CFR (Code of Federal Regulations) Part 24; updated January 4, 2005; Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs; Final Rule. • Uniform Standard of Professional Appraisal Practice (USPAP) • Current INDOT Appraisal Manual at the time the appraisals are performed: INDOT Real estate Division. • Indiana Law 6) Review Appraisal Services - Prepare a Review Appraisal for each parcel as recommended by the approved Appraisal Problem Analysis by a licensed appraiser in the State of Indiana and an INDOT qualified Review Appraiser. The appraisals under review will comply with the following: a) Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (URA) Public Law 91-646 dated January 2, 1971 (The Uniform Act). All Appraisals must conform to Title III of the Uniform Act and appropriate Federal regulations. b) 49 CFR (Code of Federal Regulations) Part 24; updated January 4, 2005; Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs; Final Rule. c) Uniform Standard of Professional Appraisal Practice (USPAP) d) Current INDOT Appraisal Manual at the time the review appraisals are performed: INDOT Real estate Division. e) Indiana Law 7) Buying Services - Complete the Buying Services for each parcel in accordance with the current Indiana Department of Transportation’s Real Estate Division Manual at the time the Buying Services are performed, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (Public Law 91-646) as amended (The Uniform Act) and the Code of Federal Regulation titled 49 CFR Part 24, and Indiana Law. The Buying Agent shall be a licensed Broker in the State of Indiana and an INDOT qualified Buying Agent. 8) Revising and Re-Staking Parcels - Complete “minor revisions” (one that is completed within not more than three (3) man-hours) to the design plans, right-of-way plans, parcel plats, and legal descriptions and shall re-stake right-of-way for the revised parcels. 9) Condemnation Services - Provide expert testimony and trial preparation services as requested by OWNER, from the R/W Services Manager, Appraiser, Review Appraiser, Buyer, and/or Design Engineer. B. Engineer’s services under the Final Design Phase will be considered complete on the date when the submittals required by Paragraph A1.07.A.6 have been delivered to Owner. C. In the event that the Work designed or specified by Engineer is to be performed or furnished under more than one prime contract, or if Engineer’s services are to be separately sequenced with the work of one or more prime Contractors (such as in the case of fast-tracking), Owner and Engineer shall, prior to commencement of the Final Design Phase, develop a schedule for performance of Engineer’s services during the Final Design, Bidding or Negotiating, Construction, and Post-Construction Phases in order to sequence and coordinate properly such services as are applicable to the work under such separate prime contracts. This schedule is to be prepared and included in or become an amendment to Exhibit A whether or not the work under such contracts is to proceed concurrently. D. The number of prime contracts for Work designed or specified by Engineer upon which the Engineer’s compensation has been established under this Agreement is one. If more prime contracts are awarded, Engineer shall be entitled to an equitable increase in its compensation under this Agreement. A1.08 Bidding or Negotiating Phase A. After acceptance by Owner of the bidding documents and the most recent opinion of probable Construction Cost as determined in the Final Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend pre-bid conferences, if any, and receive and process contractor deposits or charges for the bidding documents. 2. Issue addenda as appropriate to clarify, correct, or change the bidding documents. 3. Provide information or assistance needed by Owner in the course of any negotiations with prospective contractors. 4. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the bidding documents. 5. If bidding documents require, the Engineer shall evaluate and determine the acceptability of "or equals" and substitute materials and equipment proposed by bidders, but subject to the provisions of paragraph A2.02.A.2 of Exhibit A. 6. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. 7. Perform or provide the following additional Bidding or Negotiating Phase tasks or deliverables: [here list any such tasks or deliverables] B. The Bidding or Negotiating Phase will be considered complete upon commencement of the Construction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). A1.09 Construction Phase A. Upon successful completion of the Bidding and Negotiating Phase, and upon written authorization from Owner, Engineer shall: 1. General Administration of Construction Contract: Consult with Owner and act as Owner’s representative as provided in the Construction Contract. The extent and limitations of the duties, responsibilities, and authority of Engineer as assigned in the Construction Contract shall not be modified, except as Engineer may otherwise agree in writing. All of Owner’s instructions to Contractor will be issued through Engineer, which shall have authority to act on behalf of Owner in dealings with Contractor to the extent provided in this Agreement and the Construction Contract except as otherwise provided in writing. 2. Resident Project Representative (RPR): Provide the services of an RPR at the Site to assist the Engineer and to provide more extensive observation of Contractor’s work. Duties, responsibilities, and authority of the RPR are as set forth in Exhibit D. The furnishing of such RPR’s services will not limit, extend, or modify Engineer’s responsibilities or authority except as expressly set forth in Exhibit D. [If Engineer will not be providing the services of an RPR, then delete this Paragraph 2 by inserting the word “DELETED” after the paragraph title, and do not include Exhibit D.] 3. Selecting Independent Testing Laboratory: Assist Owner in the selection of an independent testing laboratory to perform the services identified in Exhibit B, Paragraph B2.01.0. 4. Pre-Construction Conference: Participate in a Pre-Construction Conference prior to commencement of Work at the Site. 5. Schedules: Receive, review, and determine the acceptability of any and all schedules that Contractor is required to submit to Engineer, including the Progress Schedule, Schedule of Submittals, and Schedule of Values. 6. Baselines and Benchmarks: As appropriate, establish baselines and benchmarks for locating the Work which in Engineer’s judgment are necessary to enable Contractor to proceed. 7. Visits to Site and Observation of Construction: In connection with observations of Contractor’s Work while it is in progress: a. Make visits to the Site at intervals appropriate to the various stages of construction, as Engineer deems necessary, to observe as an experienced and qualified design professional the progress of Contractor’s executed Work. Such visits and observations by Engineer, and the Resident Project Representative, if any, are not intended to be exhaustive or to extend to every aspect of Contractor’s Work in progress or to involve detailed inspections of Contractor’s Work in progress beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents, but rather are to be limited to spot checking, selective sampling, and similar methods of general observation of the Work based on Engineer’s exercise of professional judgment, as assisted by the Resident Project Representative, if any. Based on information obtained during such visits and observations, Engineer will determine in general if the Work is proceeding in accordance with the Contract Documents, and Engineer shall keep Owner informed of the progress of the Work. b. The purpose of Engineer’s visits to, and representation by the Resident Project Representative, if any, at the Site, will be to enable Engineer to better carry out the duties and responsibilities assigned to and undertaken by Engineer during the Construction Phase, and, in addition, by the exercise of Engineer’s efforts as an experienced and qualified design professional, to provide for Owner a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that Contractor has implemented and maintained the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Engineer shall not, during such visits or as a result of such observations of Contractor’s Work in progress, supervise, direct, or have control over Contractor’s Work, nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by Contractor, for security or safety at the Site, for safety precautions and programs incident to Contractor’s Work, nor for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish or perform the Work in accordance with the Contract Documents. 8. Defective Work: Reject Work if, on the basis of Engineer’s observations, Engineer believes that such Work (a) is defective under the standards set forth in the Contract Documents, (b) will not produce a completed Project that conforms to the Contract Documents, or (c) will imperil the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 9. Clarifications and Interpretations; Field Orders: Issue necessary clarifications and interpretations of the Contract Documents as appropriate to the orderly completion of Contractor’s work. Such clarifications and interpretations will be consistent with the intent of and reasonably inferable from the Contract Documents. Subject to any limitations in the Contract Documents, Engineer may issue field orders authorizing minor variations in the Work from the requirements of the Contract Documents. 10. Change Orders and Work Change Directives: Recommend change orders and work change directives to Owner, as appropriate, and prepare change orders and work change directives as required. 11. Shop Drawings and Samples: Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. Such reviews and approvals or other action will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions and programs incident thereto. Engineer shall meet any Contractor’s submittal schedule that Engineer has accepted. 12. Substitutes and “or-equal”: Evaluate and determine the acceptability of substitute or “or-equal” materials and equipment proposed by Contractor, but subject to the provisions of Paragraph A2.02.A.2 of Exhibit A. 13. Inspections and Tests: Require such special inspections or tests of Contractor’s work as deemed reasonably necessary, and receive and review all certificates of inspections, tests, and approvals required by Laws and Regulations or the Contract Documents. Engineer’s review of such certificates will be for the purpose of determining that the results certified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. Engineer shall be entitled to rely on the results of such tests. 14. Disagreements between Owner and Contractor: Render formal written decisions on all duly submitted issues relating to the acceptability of Contractor’s work or the interpretation of the requirements of the Contract Documents pertaining to the execution, performance, or progress of Contractor’s Work; review each duly submitted Claim by Owner or Contractor, and in writing either deny such Claim in whole or in part, approve such Claim, or decline to resolve such Claim if Engineer in its discretion concludes that to do so would be inappropriate. In rendering such decisions, Engineer shall be fair and not show partiality to Owner or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 15. Applications for Payment: Based on Engineer’s observations as an experienced and qualified design professional and on review of Applications for Payment and accompanying supporting documentation: a. Determine the amounts that Engineer recommends Contractor be paid. Such recommendations of payment will be in writing and will constitute Engineer’s representation to Owner, based on such observations and review, that, to the best of Engineer’s knowledge, information and belief, Contractor’s Work has progressed to the point indicated, the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the results of any subsequent tests called for in the Contract Documents, and to any other qualifications stated in the recommendation), and the conditions precedent to Contractor’s being entitled to such payment appear to have been fulfilled in so far as it is Engineer’s responsibility to observe Contractor’s Work. In the case of unit price work, Engineer’s recommendations of payment will include final determinations of quantities and classifications of Contractor’s Work (subject to any subsequent adjustments allowed by the Contract Documents). b. By recommending any payment, Engineer shall not thereby be deemed to have represented that observations made by Engineer to check the quality or quantity of Contractor’s Work as it is performed and furnished have been exhaustive, extended to every aspect of Contractor’s Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to Engineer in this Agreement and the Contract Documents. Neither Engineer’s review of Contractor’s Work for the purposes of recommending payments nor Engineer’s recommendation of any payment including final payment will impose on Engineer responsibility to supervise, direct, or control Contractor’s Work in progress or for the means, methods, techniques, sequences, or procedures of construction or safety precautions or programs incident thereto, or Contractor’s compliance with Laws and Regulations applicable to Contractor’s furnishing and performing the Work. It will also not impose responsibility on Engineer to make any examination to ascertain how or for what purposes Contractor has used the moneys paid on account of the Contract Price, or to determine that title to any portion of the Work in progress, materials, or equipment has passed to Owner free and clear of any liens, claims, security interests, or encumbrances, or that there may not be other matters at issue between Owner and Contractor that might affect the amount that should be paid. 16. Contractor’s Completion Documents: Receive, review, and transmit to Owner maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance required by the Contract Documents, certificates of inspection, tests and approvals, Shop Drawings, Samples and other data approved as provided under Paragraph A1.05.A.11, and transmit the annotated record documents which are to be assembled by Contractor in accordance with the Contract Documents to obtain final payment. The extent of such review by Engineer will be limited as provided in Paragraph A1.05.A.11. 17. Substantial Completion: Promptly after notice from Contractor that Contractor considers the entire Work ready for its intended use, in company with Owner and Contractor, visit the Project to determine if the Work is substantially complete. If after considering any objections of Owner, Engineer considers the Work substantially complete, Engineer shall deliver a certificate of Substantial Completion to Owner and Contractor. 18. Additional Tasks: Perform or provide the following additional Construction Phase tasks or deliverables: [here list any such tasks or deliverables]. 19. Final Notice of Acceptability of the Work: Conduct a final visit to the Project to determine if the completed Work of Contractor is acceptable so that Engineer may recommend, in writing, final payment to Contractor. Accompanying the recommendation for final payment, Engineer shall also provide a notice in the form attached hereto as Exhibit E (the “Notice of Acceptability of Work”) that the Work is acceptable (subject to the provisions of Paragraph A1.05.A.15.b) to the best of Engineer’s knowledge, information, and belief and based on the extent of the services provided by Engineer under this Agreement. B. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation by Engineer for final payment to Contractors. If the Project involves more than one prime contract as indicated in Paragraph A1.03.C, then Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. C. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. A1.10 Post-Construction Phase A. Upon written authorization from Owner during the Post-Construction Phase Engineer shall: 1. Together with Owner, visit the Project to observe any apparent defects in the Work, assist Owner in consultations and discussions with Contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective Work, if any. 2. Together with Owner or Owner’s representative, visit the Project within one month before the end of the correction period to ascertain whether any portion of the Work is subject to correction. 3. Perform or provide the following additional Post-Construction Phase tasks or deliverables: [Here list any such tasks or deliverables] B. The Post-Construction Phase services may commence during the Construction Phase and, if not otherwise modified in this Exhibit K, will terminate twelve months after the commencement of the Construction Contract’s correction period. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: June 3, 2025 Name: Leslie Biek Department of Public Works – Engineering Division BPW Date: June 10, 2025 Phone Extension: 9323 Required Prior to Submittal to Board 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 Other: Ease./Encroach Required Information Company or Vendor Name Lochmueller Group Inc. New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Marion Street Pedestrian Bridge Project Number PN 123-060; PROJ 450 Funding Source PO 27470 Account No. 456-444000 Amount $430,000 Terms of Contract NTE Purpose/Description Design engineering services for Marion Street Pedestrian Bridge. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: