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HomeMy WebLinkAbout6D(1)45�UTH eF� Department of �. � 99 �I' Community 1865 Memorandum Investment August 15, 2013 TO: Redevelopment Commission FROM: David Relos, Economic Resources��� SUBJECT: Resolution No. 3152 & Addendum to the Master Agency Agreement Bowen Street Sidewalk Project This Resolution and Agency Agreement are for a Professional Services Agreement with DLZ for Right of Way (ROW) Engineering, Staking, and Acquisition Services to complete the installation of a sidewalk along the south side of Bowen Street from Miami west into the Erskine Plaza Shopping Center in the South Side Development Area. In recent years, an effort has been made to upgrade and connect the sidewalk system in this south side shopping district. As this area has grown, certain areas have had sidewalks installed while other areas have not. The Commission has approved Engineering and ROW acquisition services for intersection improvements at High and Ireland, which includes the construction of a section of sidewalk going east and connecting to the current sidewalk that eventually connects to the intersection of Ireland and Miami. The Commission has also approved Engineering and ROW acquisition services for the construction of sidewalk along the east side of Miami north of Ireland. This too will connect existing sidewalks in this area. In preparation to bid these three projects as one package this spring, the services provided in this agreement will allow the acquisition of the ROW needed along Bowen Street, provide necessary legal descriptions, plat work, and surveys. Staff requests approval of Resolution No. 3152 and Addendum to the Master Agency Agreement, in a not -to- exceed amount of $34,280. 227 W. JEFFERSON BLVD. 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Fi - ' All Cns �+ � q ` d U 06 N rr ' 2 At RESOLUTION NO. 3152 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Bowen Street Sidewalk Project) WHEREAS, effective January 1, 2013, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Bowen Street Sidewalk Project to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement Bowen Street Sidewalk Project and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on August 15, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Bowen Street Sidewalk Project) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 27th day of August, 2013, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Bowen Street Sidewalk Project (the "Project "). WHEREAS, effective January 1, 2013, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Bowen Street Sidewalk Project to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this Addendum. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Kathryn Roos, Member David Relos, Member Mike Mecham, Member Mark Neal, Member ATTEST: Linda Martin, Clerk Exhibit "A" Bowen Street Sidewalk Project Project Scope and Description: ROW Engineering, Staking, and Acquisition Services for the construction of a sidewalk along the south side of Bowen Street from Miami west into the Erskine Plaza Shopping Center (see attached Professional Services Agreement). Budget: $34,280 PROFESSIONAL SERVICES CONTRACT BOWEN STREET RIGHT OF WAY ENGINEERING, STAKING AND ACQUISITION SERVICES SOUTH BEND, INDIANA Prepared For: City of South Bend 1316 County -City Building 227 West Jefferson Boulevard South Bend, IN 46601 Prepared By: DLZ INDIANA, LLC 2211 East Jefferson Boulevard South Bend, IN 46615 August 2013 PROFESSIONAL SERVICES CONTRACT PROFESSIONAL SERVICES CONTRACT BOWEN STREET RIGHT OF WAY ENGINEERING, STAKING AND ACQUISITION SERVICES City of South Bend, Indiana Table of Contents: 1 ........................................................................................ ............................... Agreement 2 .............................................................. ............................... .......................Appendix "A„ Basic Services by Engineer 3 .............................................................. ............................... .......................Appendix "B„ Information and Services to be Furnished by Owner 4 ................................................................................... ............................... Appendix „C„ Project Schedule 5 .................................................................................... ............................... Appendix «D„ Compensation Fee Schedule 6 .............................................................. ............................... .......................Appendix «E„ Additional Services of Engineer 7 .................................................................... ............................... ........................Exhibit 1 Parcel Identification Map 8 .................................................................... ............................... ........................Exhibit 2 DLZ's Standard Fee Structure Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 2 of 10 AGREEMENT THIS AGREEMENT is made and entered into this day of 2013, by and between the City of South Bend, Indiana, acting by and through the Board of Public Works, hereinafter referred to as the "OWNER ", and DLZ Indiana, LLC, 2211 East Jefferson Blvd., South Bend, IN 46615, hereinafter referred to as the "ENGINEER ". WITNESSETH WHEREAS, the OWNER desires to contract for Right of Way Engineering, Staking and Acquisition Services for two (2) parcels along Bowen Street; and, WHEREAS, the ENGINEER has expressed a willingness to perform said design services as set out in Appendix "A; and, WHEREAS, the parties hereto agree that said ENGINEER shall provide the services and documents, hereinbefore and hereinafter described, in relation to the following described project: The purpose of this project is to provide right of way engineering, staking and acquisition services to include legal description and boundary survey preparation, right of way staking, appraisal problem analysis, appraisals, appraisal review, negotiation and acquisition coordination, closing and recording activities for two (2) parcels of right of way to be acquired from existing commercial properties located along Bowen Street. Refer to Exhibit 1 for the identification of parcels from which right of way is to be acquired. NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties hereto mutually covenant and agree as follows: Section I. Basic Services by ENGINEER The basic services to be provided by the ENGINEER under this Agreement are as set out in Appendix "A ", attached to this Agreement, and made an integral part hereof. Section II. Information and Services to be Furnished by the OWNER The information and services to be furnished by the OWNER are as set out in Appendix "B ", attached to this Agreement, and made an integral part hereof. Section III. Notice to Proceed and Schedule Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 3 of 10 The ENGINEER shall begin the work to be performed under this Agreement immediately upon receipt of the written notice to proceed from the OWNER, and shall deliver the work to the OWNER in accordance with the Schedule contained in Appendix "C ", attached to this Agreement, and made an integral part hereof. The ENGINEER shall not begin work prior to the date of the notice to proceed unless otherwise directed by the OWNER. Section IV. Compensation The ENGINEER shall receive payment for the work performed under this Agreement as set forth in Appendix "D ", attached to this Agreement, and made an integral part hereof. In accordance with IC 36 -1- 12.5- 5(d)(4), payments by the Owner are subject to annual appropriation by its fiscal body. Section V. Additional Services of ENGINEER If authorized in writing by OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in Appendix "E ", attached to this Agreement, and made an integral part hereof. Section VI. General Provisions 1. Work Office The ENGINEER shall perform the work under this Agreement at the following office: DLZ Indiana, LLC 2211 East Jefferson Boulevard South Bend, IN 46615 2. Covenant Against Contingent Fees The ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the ENGINEER, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the ENGINEER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the OWNER shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 4 of 10 3. Subletting and Assignment of Contract No portion of the work under this Agreement shall be sublet, assigned or otherwise disposed of, except with the written consent of the OWNER. Consent to sublet, assign or otherwise dispose of any portion of the work under this agreement shall not be construed to relieve the ENGINEER of any responsibility for the fulfillment of the Agreement. A subcontractor shall not subcontract any portion of its work under this Agreement. 4. Ownership of Documents All deliverable documents, including tracings, drawings, reports, estimates, specifications, field notes, investigations, studies, etc., as instruments of service, are to be the property of the OWNER upon payment of all sums due to the ENGINEER. The ENGINEER shall be entitled to keep copies. During the performance of the services, herein provided for, the ENGINEER shall be responsible for any loss or damage to the documents, which he caused, herein enumerated, while they are in his possession and any such loss or damage shall be restored at his expense. Full access to the work during the progress of the work shall be available to the OWNER. 5. Access to Records The ENGINEER and his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to the cost incurred and shall make such materials available at its respective offices at all reasonable times during the period of this Agreement and for three (3) years from the date of final payment under the terms of this Agreement, for inspection by the OWNER and copies thereof shall be furnished if requested. 6. Compliance with State and Other Laws The ENGINEER specifically agrees that in performance of the services herein enumerated by him or by a subcontractor or anyone acting in behalf of either, that he or they will comply with any and all State, Federal, and Local Statutes, Ordinances and Regulations and obtain all permits that are applicable to the entry into and the performance of this Agreement. This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. ENGINEER acknowledges that it may be required to submit to an audit of funds paid through this Agreement. Any such audit shall be conducted in accordance with standards applicable to the Indiana State Board of Accounts. Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 5 of 10 This Agreement shall be interpreted and enforced according to the laws of the State of Indiana. ENGINEER affirms under the penalties of perjury that he /she /it does not knowingly employ an unauthorized alien. ENGINEER shall enroll in and verify the work eligibility status of all his /her /its newly hired employees through the E- Verify program as defined in IC 22- 5- 1.7 -3. ENGINEER shall not knowingly employ or contract with an unauthorized alien. ENGINEER shall not retain an employee or contract with a person that ENGINEER subsequently learns is an unauthorized alien. ENGINEER is not required to participate in the E- Verify program should the E- Verify program cease to exist. Additionally, the ENGINEER is not required to participate if the ENGINEER is self - employed and does not employ any employees. ENGINEER shall require his /her /its subcontractors, who perform work under this contract, to certify to ENGINEER that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify program. ENGINEER agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor. OWNER may terminate for default if ENGINEER fails to cure a breach of this provision no later than thirty (30) days after being notified by OWNER. 7. Limitations of Liability No employee of ENGINEER shall have individual liability to OWNER. OWNER agrees that, to the fullest extent permitted by law, ENGINEER's total liability to OWNER for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the Project or this Agreement from any causes including, but not limited to, ENGINEER's negligence, error, omissions, strict liability, or breach of contract shall not exceed the total compensation received by ENGINEER under this Agreement. If OWNER desires a limit of liability greater than provided above, OWNER and ENGINEER shall include in the Agreement the amount of such limit and the additional compensation to be paid to ENGINEER for assumption of such risk. 8. Engineer Indemnification The ENGINEER hereby agrees to indemnify, hold and save the OWNER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the intentional misconduct and /or negligent acts or omissions of the ENGINEER, his directors, officers, and employees, for whose acts the ENGINEER is responsible under this Agreement subject to any limit of liability established by this Agreement. Notwithstanding the foregoing, the ENGINEER shall not Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 6 of 10 be required to indemnify the OWNER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the OWNER, its officers, agents, or employees. 9. Owner Indemnificati The OWNER hereby agrees to indemnify, hold and save the ENGINEER harmless from and against any and all losses, damages, settlements, costs, charges, or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind and character arising out of the intentional misconduct and /or negligent acts or omissions of the OWNER, his directors, officers, and employees, for whose acts the OWNER is responsible under this Agreement. Notwithstanding the foregoing, the OWNER shall not be required to indemnify the ENGINEER, its officers, agents, or employees against liability for damages arising out of injury to persons, theft, or loss or damage to property caused by or resulting from the negligence or intentional misconduct of the ENGINEER, its officers, agents, or employees. 10. Status of Claims The ENGINEER shall be responsible for keeping the OWNER currently advised as to the status of any claims made for damages against the ENGINEER which are known resulting from services performed under this Agreement. The ENGINEER shall send notice of claims related to work under this Agreement to OWNER within thirty (30) days. 11. Workmen's Compensation and Liability Insurance The ENGINEER shall procure and maintain, until final payment by the OWNER for the services covered by this Agreement, insurance of the kinds and in the amounts hereinafter provided in insurance companies authorized to do such business in the State of Indiana covering all operations under this Agreement whether performed by him or by his subcontractor. The ENGINEER will not be given a notice to proceed until the ENGINEER has furnished a certificate or certificates in a form satisfactory to the OWNER, showing that this section has been complied with. During the life of this Agreement, the ENGINEER shall furnish the OWNER with certificates showing that the required insurance coverage is maintained. The certificate or certificates shall provide that the policies shall not be changed or canceled until forty -five (45) days written notice has been given to the OWNER. In the event that such written notice of change or cancellation is given, the OWNER may at its option terminate this Agreement and no further compensation shall in such case be made to the ENGINEER. The kinds and amounts of insurance required are as follows: Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 7 of 10 Policy covering the obligations of the ENGINEER in accordance with the provisions of the Workmen's Compensation Law. This Agreement shall be void and of no effect unless the ENGINEER procures such policy and maintains it until acceptance of the work. Comprehensive Policies of Bodily Injury Liability and Property Damage Liability Insurance, including OWNER'S or Contractor's Protective Coverage (naming the OWNER as an additional insured). Limits of liability to be not less than $700,000 for each person, including death at any time resulting therefrom, and not less than $5,000,000 in any one occurrence, and not less than $1,000,000 for all damages arising out of injury to or destruction of property or a combined single limit of $6,000,000. (A) Automobile Policies of Bodily Injury and Property Damage Liability Insurance of the types herein specified with bodily injury limits of liability of not less than $700,000 for each person, including death at any time resulting therefrom, and not less than $5,000,000 in any one accident, and not less than $1,000,000 for all damages arising out of injury to or destruction of property, including hired or non -owned vehicles, or a combined single limit of $6,000,000. (B) Professional Liability Insurance in the amount of $2,000,000 per occurrence and aggregate limit. Expense of additional insurance coverage or limits for professional liability insurance, requested by the OWNER in excess of that normally carried by the ENGINEER is considered additional reimbursable expense and will require an amendment to the AGREEMENT 12. Changes in the Work In the event the OWNER requires changes in the work, after the work has progressed as directed by the OWNER, adjustments in compensation to the ENGINEER, and in time for performance of the work as modified, shall be determined by the OWNER in consultation with ENGINEER and the ENGINEER shall not commence the change of scope of the work until a supplemental agreement is executed within ninety (90) days of the change and the ENGINEER is authorized in writing by the OWNER. 13. Progress Reports The ENGINEER shall submit a monthly Progress Report to the OWNER. 14. Termination The obligation to provide further services under this Agreement may be terminated by either party upon thirty (30) days' written notice from receipt in the event of substantial failure by the other party to perform in accordance with the terms hereof Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 8 of 10 through no fault of the terminating party. If the services of this Agreement are terminated, the ENGINEER shall deliver to the OWNER all data, reports, drawings, specifications and estimates completed or partially completed and these shall become the property of the OWNER. The earned value of the work performed shall be based upon an estimate of the portions of the total services as have been rendered by the ENGINEER to the date of termination and which estimate shall be as made by the OWNER in consultation with ENGINEER for all services to be paid for on a lump sum basis. 15. Non - Discrimination Pursuant to I.C. 22- 9 -1 -10, the ENGINEER and his subcontractors, if any, shall not discriminate against any employee or applicant for employment, to be employed in the performance of the work under this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color, religion, sex, handicap, national origin or ancestry. Breach of this covenant may be regarded as a material breach of the Agreement. 16. Successors and Assignees The OWNER, insofar as authorized by law, binds itself and its successors, and the ENGINEER binds his successors, executors, administrators and assignees, to the other party of this Agreement and to the successors, executors, administrators and assignees of such other party, as the case may be insofar as authorized by law, in respect to all covenants of this Agreement. Except as above set forth, neither the OWNER nor the ENGINEER shall assign, sublet or transfer its or his interest in this Agreement without the prior written consent of the other. 17. Supplements This Agreement may only be amended, supplemented or modified by a written document executed in the same manner as this Agreement. 18. Duration of Agreement If the basic services covered in this Agreement have not been completed by the Ready for Letting date defined in Appendix 'C' of this Agreement, through no fault of the ENGINEER, extension of the ENGINEER's services beyond that time shall be revised to include compensation for inflationary adjustments. (The remainder of this page intentionally left blank.) Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 9 of 10 The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement. ENGINEER: DLZ INDIANA, LLC ('; I<_ 7;; �P_ Gary K. Fi4k, P.E. Vice President ATTEST: Samuel E. Wolfe, P.E., L.S. Department Manager OWNER: CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot, P.E., Board President By: David P. Relos, Member By Kathryn E. Roos, Member By: Michael C. Mecham, P.E., Member By: Mark W. Neal, Member ATTEST: By: Linda M. Martin, Clerk Approved as to Legality and Form: Attorney for City of South Bend MAProposa1s \2011 \6160 - ROW Survey \Real Estate \City of South Bend \Bowen Street Agreement.docx Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement August 2013 Page 10 of 10 APPENDIX "A" BASIC SERVICES BY ENGINEER A. The ENGINEER shall provide the services of qualified professionals to perform Right of Way Engineering, Staking and Acquisition Services including preparation of legal descriptions and boundary surveys, right of way staking, appraisal problem analysis, appraisal, appraisal review, negotiation, acquisition coordination, closing and recording services for two (2) parcels of right of way to be acquired from existing commercial facilities along Bowen Street in the City of South Bend, Indiana. B. The ENGINEER shall prepare a Boundary Survey of each lot from which a permanent taking is proposed to be acquired, a legal description for each parcel from which there will be a permanent taking and prepare a right of way plat for each parcel of permanent right of way to be acquired. The Boundary Survey will be recorded to meet Rule 12 with a note of what is set and what is recovered. C. The ENGINEER shall provide right of way staking activities when advised by the appraiser that staking is necessary for the appraisal process to proceed. The ENGINEER shall mark the point where the new right of way line crosses each property line and will mark each property corner within the proposed taking. When directed, the ENGINEER will stake the approximate location of the existing right of way lines to assist the property owner to visualize the amount of proposed property to be acquired. Points will be marked by survey stake. The right of way staking is based on completing both parcels once (one time). D. The ENGINEER shall engage a Subconsultant to prepare and provide appraisal problem analysis to determine the type and scope of appraisal to be prepared for each parcel to be acquired. E. The ENGINEER shall engage a Subconsultant to prepare and provide appraisals and review appraisals in accordance with the appraisal problem analysis, or as modified during appraisal development, for each parcel to be acquired. F. The ENGINEER shall provide negotiation, acquisition coordination and closing services including the following activities: Provide completed appraisal problem analyses, appraisals, appraisal reviews and just compensation recommendation forms for review and authorization by the OWNER prior to initiation of negotiation activities. 2. In accordance with right of way engineering documents, appraisal, appraisal review and OWNER- approved recommendation of just Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "A" August 2013 Page 1 of 4 compensation forms, the ENGINEER shall prepare preliminary offer and conveyance documents and submit to the OWNER's designated representative for review and approval prior to commencing negotiations with each property owner. 3. Upon review and approval of preliminary offer and conveyance documents by the OWNER's designated representative and /or the OWNER's legal staff, the ENGINEER shall commence negotiation activities with each property owner. 4. Negotiation activities shall include presentation of each offer in person or by mail, discussion of the project, explanation of right of way acquisition and eminent domain procedures, preparation of owner appraisal letters, pay vouchers, sales disclosure forms, real estate tax memorandums, receipt of conveyance instrument forms and /or additional documents as necessary. 5. For tenant - occupied parcels, the ENGINEER shall request copies of lease agreements from the lessor for review and coordination with the OWNER for determination regarding the need for release of lessee interest in property proposed to be acquired as right of way. 6. The ENGINEER shall obtain partial mortgage release(s) and /or additional lien release(s) when directed by the OWNER to provide clear title to each parcel. Such release(s) may include tenant release(s) of lessee interest(s) in right of way and /or sign parcels requiring sign relocation and /or removal. 7. The ENGINEER shall provide as needed notarization services for acceptance of offers and execution of conveyance documents by property owners. 8. The ENGINEER shall attempt to resolve right of way issues and coordinate Administrative Settlements, upon approval and direction by the OWNER, if necessary. 9. When directed by the OWNER, the ENGINEER shall coordinate plan revisions and /or revisions to right of way acquisition documents if required during negotiations. 10. The ENGINEER shall complete supplemental title and encumbrance reviews for secured parcels. 11. Pursuant to successful acquisition of executed conveyance documents and lien release documents, the ENGINEER shall submit copies of executed documents to the OWNER for legal review and approval. 12. Pending OWNER's legal review and approval of secured parcel documents, the ENGINEER shall submit pay request memorandums, taxpayer number identification request forms and additional Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "A" August 2013 Page 2of4 documentation as may be necessary to the OWNER for review and processing of payment for compensation of right of way acquisition. 13. The ENGINEER shall coordinate with the OWNER for distribution of payment. 14. The ENGINEER shall provide final right of way parcel files and original recorded documents to the OWNER for records. 15. When directed by the OWNER, the ENGINEER shall prepare condemnation reports for unsecured parcels. 16. The ENGINEER shall provide assistance in the event of condemnation as Additional Services as identified in Appendix "E ". G. For secured parcels, the ENGINEER shall provide document recording services including the following activities: 1. For parcels involving acquisition of permanent right of way, the ENGINEER shall obtain County Assessor's approval of sales disclosure forms, verification of parcel tax identification numbers and County Assessor stamp on documents as verification of County Assessor receipt prior to submission to County Auditor. 2. The ENGINEER shall submit applicable documents for recording to the County Auditor for review and to obtain Auditor stamp as verification of receipt by County Auditor prior to submission to County Recorder for recording. 3. The ENGINEER shall submit applicable documents for recording to the County Recorder. 4. The ENGINEER shall obtain original recorded documents from the County Recorder subsequent to completion of recording activities. H. The ENGINEER shall provide the following Deliverables to the OWNER: 1. Final right of way parcel files for OWNER records. 2. Original recorded documents. I. The ENGINEER shall attend such conferences with the OWNER and other interested parties and /or agencies, as may be required, in connection with this work. J. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing; and revising previously accepted studies, reports, design documents Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "A" August 2013 Page 3of4 or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports, or documents, or are due to any other causes beyond the ENGINEER's control, shall require a change in work as provided by Section VI - General Provisions, Paragraph 12 titled "Changes in Work ". (The remainder of this page intentionally left blank) Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "A" August 2013 Page 4 of 4 APPENDIX "B" INFORMATION AND SERVICES TO BE FURNISHED BY OWNER A. OWNER shall do the following in a timely manner so as not to delay the services of the ENGINEER: Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement. Such person shall have complete authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to the ENGINEER's services for the Project. 2. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 3. Furnish to ENGINEER, as required for performance of ENGINEER's Basic Services (except to the extent provided otherwise in Appendix "A ") the following: a. Data (plans, title abstracting and encumbrance reports) prepared by OWNER and /or others or services of others and appropriate professional interpretations of such for materials necessary during the negotiations process. 4. Arrange for access to and make all provisions for ENGINEER and /or Subcontractors to enter upon public and private property as required to perform services under this Agreement. 5. Examine all drawings and other documents presented by ENGINEER, obtain advice of attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 6. Furnish all legal services as may be required for the development of the project including review and approval of conveyance documents by City Attorney, legal counsel and services for condemnation proceedings, if needed. 7. Provide written approval of completed work phases as described in Appendix "A" of the Agreement. Accomplish reviews and provide written approvals in a timely manner. 8. Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Appendix "E" of this Agreement or other services as required. Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "B" August 2013 Page 1 of 2 9. OWNER shall provide direction to ENGINEER regarding acceptability of Administrative Settlements and /or additional /revised terms of acquisition as may arise during negotiations with property owners. Such decisions regarding acceptability of counter offers, changes in terms of proposed acquisition, acceptance of Administrative Settlements and /or initiation of condemnation procedures shall rest solely with the OWNER and are not the responsibility or under the authority of ENGINEER. (The remainder of this page intentionally left blank) Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "B" August 2013 Page 2of2 APPENDIX "C" SCHEDULE A. All work by the ENGINEER in Appendix "A" Bowen Street Right of Way Engineering, Staking and Acquisition Services under this Agreement for the project shall commence upon receipt of written notice to proceed. The ENGINEER shall complete Right of Way Acquisition Services in accordance with the following schedule: 1. The ENGINEER shall complete right of way engineering activities within 30 days of receipt of written notice to proceed, title information and all design plans and data necessary for completion of right of way activities. 2. The ENGINEER shall obtain completed appraisal problem analysis reports, to be prepared by a Subconsultant, for each parcel from which there is a proposed taking, within 30 days of completion of right of way engineering activities. 3. The ENGINEER shall obtain completed appraisals, to be prepared by a Subconsultant, for each parcel from which there is a proposed taking within 30 days of receipt of appraisal problem analysis reports. 4. The ENGINEER shall obtain completed appraisal reviews, to be prepared by a Subconsultant, for each appraisal within 30 days of receipt of completed appraisals. 5. The ENGINEER shall submit appraisal related documents and recommendation of just compensation forms for OWNER review and authorization within 15 days of receipt of completed appraisal reviews. 6. The ENGINEER shall submit preliminary offer and conveyance documents for OWNER review and approval within 15 days of receipt by the ENGINEER of OWNER authorized recommendations for just compensation. 7. The ENGINEER shall initiate property owner contact for negotiations within 15 days following receipt of OWNER approval of offer and conveyance documents. 8. The ENGINEER shall provide closing services for parcels with accepted offers within 30 days of presentation of offers. 9. Negotiation, acquisition coordination, closing and recording services to be completed for secured parcels within approximately 135 days following receipt by the ENGINEER of OWNER approval of preliminary conveyance documents unless the parcel proceeds to condemnation, offer is rejected by property owner(s) or parcel requires revisions to proposed right of way to be acquired and /or plan revisions. Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "C" August 2013 Page 1 of 1 APPENDIX "D" COMPENSATION A. Amount of Payment 1. ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed $34,280.00, unless a modification of this agreement is approved in writing by OWNER. 2. ENGINEER will be paid for the work performed under Appendix "A" of this Agreement on an Hourly Rate basis in accordance with the following schedule, except as noted in the items below: Item A.2.c. will be invoiced on an hourly rate basis, as defined below, and /or as reimbursable and /or Subconsultant Items. The amounts are estimated only, and the final amount shall not exceed the contract amount, Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "D" August 2013 Page 1 of 4 Right of Way Engineering, Staking and Acquisition Services Amount a. Right of Way Engineering (4 legal descriptions @ $600.00 /description $7,500.00 consisting of 2 permanent right of way and 2 temporary right of way descriptions, 2 plats @ $600.00 /plat, 2 boundary surveys @ $1,950.00 /boundary survey) _ $7,500.00 (Lump Sum b. Right of Way Staking (2 parcels @ $650.00 /parcel) _ $1,300.00 (Lump $1,300.00 Sum) C. Right of Way Services* (based on 2 parcels): $25,480.00 i. Appraisal Problem Analysis (2 parcels @ Est. $250.00 /parcel) _ $500.00 (Reimbursable /Subconsultant) ii. Appraisal Services (2 parcels @ Est. $3,000 /parcel) _ $6,000.00 (Reimbursable /Subconsultant) iii. Review Appraisal Services (2 parcels @ Est. $1,500 /parcel) _ $3,000.00 (Reimbursable /Subconsultant) iv. Transfer Documents (2 parcels @ Est. $320.00 /parcel)= $640.00 (Hourly Rate) V. Negotiation and Acquisition Coordination Services (2 parcels @ Est. $4,800 /parcel) _ $9,600.00 (Hourly Rate) vi. Recording Services (2 parcels @ Est. $320.00 /parcel) _ $640.00 (Hourly Rate) vii. As- Needed Contingency — Clearing Lienholder and /or Additional Encumbrance Interests Coordination (2 parcels @ Est. $2,400.00 /parcel) _ $4,800.00 (Hourly Rate) viii. Recording Fees (2 parcels @ Est. $150.00)= $300.00 Reimbursable Expense) Total Not To Exceed Amount: $34,280.00 Item A.2.c. will be invoiced on an hourly rate basis, as defined below, and /or as reimbursable and /or Subconsultant Items. The amounts are estimated only, and the final amount shall not exceed the contract amount, Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "D" August 2013 Page 1 of 4 without prior written approval from the OWNER, in accordance with Section VI, paragraph 12 of this Agreement and /or a subsequent approved amendment to the Agreement. If a Subconsultant is utilized, the ENGINEER shall receive as payment the actual cost incurred by the ENGINEER, along with an administrative fee in an amount not to exceed 20% of the amount of the invoice. Toll telephone calls, printing and mailing fees will not be reimbursable expenses and the costs thereof are included in the itemized costs as shown herein in Appendix "D ", Section 2. The ENGINEER shall not be paid for any services performed by the OWNER or not required to develop this project. 3. For those services performed by the ENGINEER which are included in the itemized costs, as shown herein in Appendix "D ", Section 2 as an "Hourly Rate ", the ENGINEER will be paid on the basis of an Hourly Rate in accordance with the Rate Schedule attached as Exhibit 2. The basis for payment includes mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the project, including, but not limited to, engineers, architects, surveyors, planners, designers, draftsmen, specification writers, estimators, other technical and business personnel, and include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay, other group benefits, overhead expenses and profit. 4. The ENGINEER shall receive as payment from the OWNER for the Additional Services rendered under Appendix "E" of this Agreement as follows: a. For Additional Services of ENGINEER's principals and employees engaged on the project, except services to appear as a consultant or witness, on the basis of the employee classification hourly rate and all Reimbursable Expenses incurred in connection with all Additional Services in accordance with the ENGINEER's fee structure attached as Exhibit 2 to this Agreement and made an integral part hereof. b. For services and Reimbursable expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services, the ENGINEER shall be reimbursed for the invoiced amount of said services, and ENGINEER shall also Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "D" August 2013 Page 2of4 be paid an administrative fee in an amount not to exceed 20% of the amount of the invoice. C. For services rendered by ENGINEER's principals and employees to appear as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding, except for time spent in preparing to appear in any such litigation, arbitration or proceeding, at the rate of $2,500.00 per principal or employee per day or any portion thereof. d. The hourly rates, which are attached as Exhibit 2 and used as a basis for payment, mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the project, including, but not limited to, engineers, architects, surveyors, planners, designers, draftsmen, specification writers, estimators, other technical and business personnel, and include the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, worker's compensation, health and retirement benefits, sick leave, vacation and holiday pay, other group benefits, overhead expenses and profit. e. Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants, directly or indirectly in connection with the project, such as expenses for: transportation and subsistence incidental thereto; obtaining bids for proposals from Contractor(s), overnight mail, facsimile (FAX) transmittals, toll telephone calls and telegrams; reproduction of reports, drawings, specifications, bidding documents, flow meter batteries, and similar project related items in addition to those required under Appendix "A "; and, if authorized in advance by the OWNER, overtime work requiring higher than regular rates. B. Method of Payment for Design Services The ENGINEER may submit a maximum of one invoice voucher per calendar month for work covered under this Agreement. The invoice voucher shall be submitted to the OWNER. The invoice voucher shall represent the value, to the OWNER, of the partially completed work as of the date of the invoice voucher and /or in accordance with hours performed for Hourly Rate tasks. The ENGINEER shall attach thereto a summary of each pay item in Section A.2 of this Appendix, percentage completed, hours performed and prior payments. Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "D" August 2013 Page 3of4 2. The OWNER for and in consideration of the rendering of the additional services provided in Appendix "E ", agrees to pay the ENGINEER for rendering such services the payments established above upon completion of the work thereunder and acceptance thereof by the OWNER. 3. If OWNER fails to make any payment due ENGINEER for services and expenses within thirty (30) days after receipt of ENGINEER's statement therefor, the amounts due ENGINEER shall be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven (7) days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and changes. 4. In the event of a substantial change in scope, character or complexity of the work on the project, the maximum fee payable and the specified fee shall be adjusted in accordance with Section VI, Paragraph 12 of this Agreement. (The remainder of this sheet intentionally left blank) Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "D" August 2013 Page 4of4 APPENDIX "E" ADDITIONAL SERVICES OF ENGINEER A. If authorized in writing by the OWNER, ENGINEER shall furnish or obtain from others Additional Services of the types listed in the following paragraphs. These services are not included as part of the basic services of the ENGINEER except to the extent provided otherwise in Appendix "A ". These Additional Services include, but are not limited to the following, and will be paid for by OWNER as indicated in Appendix "D ". 1. Providing renderings or models for OWNER's use. 2. Furnishing services of independent professional associates and consultants. 3. Services during out -of -town travel required of ENGINEER other than visits to the site or OWNER's office. 4. Providing any type of property surveys and staking to enable contractor(s) to proceed with their work; and providing other special field surveys. 5. Preparing to serve or serving as a consultant or witness for OWNER in any litigation, arbitration or other legal or administrative proceeding involving the project, if not the fault of the ENGINEER. 6. Additional Services in connection with the project, including services which are to be furnished by OWNER in accordance with Appendix "B" and services not otherwise provided for in this Agreement. 7. Services to make measured drawings of or to investigate the accuracy of drawings or other information furnished by the OWNER. 8. Services resulting from significant changes in the general scope, extent or character of the Project or its design. This could include changes in size or complexity of the project, the OWNER's schedule, character of construction, and method of financing. 9. In the event of condemnation, additional fees for court preparation, appearances and testifying shall be negotiated. 10. Providing updated or revised appraisal services documents (appraisal problem analysis, appraisals, appraisal review documents and recommendation of just compensation forms) due to changes in market value resulting from project delays and /or project revisions. 11. Providing new and /or updated title abstracting services and /or title and encumbrance report documentation by the ENGINEER and /or Subconsultant, excluding supplemental title services for secured parcels, in accordance with Appendix "A ". 12. Services of relocation specialists. Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "E" August 2013 Page 1 of 1 EXHIBIT 1 PARCEL IDENTIFICATION Exhibit 2 DLZ INDIANA, LLC STANDARD FEE STRUCTURE ENGINEERING /ARCHITECTURAL 2013 Acfivi Code Em to ee Classi icatwn 2413 Hourly Rate 1 Principal $220.00 49 Division Manager $185.00 50 Department Mana er $160.00 55 Registered Land Surveyor $130.00 21 Project Manager $140.00 214 Surveyor V $140.00 330 Electrical Engineering Specialist $150.00 555/565 Engineer V /Architect V/Landscape Architect V/ Planner V /Scientist V /Geolo ist V $145.00 554/564 Engineer IV /Architect IV/Landscape Architect IV/ Planner IV /Scientist IV/Geologist IV $135.00 53/58 Engineer III/Architect III/Landscape Architect III/ Planner III/Scientist III/Geologist III $125.00 52/57 Engineer II /Architect II/Landscape Architect II/ Planner II/Scientist III/Geologist II $115.00 51/56 Engineer I /Architect I/Landscape Architect I/ Planner I /Scientist I/Geolo ist I $90.00 28 Designer I $85.00 472 Designer II $100.00 473 Designer III $110.00 29 Technician $65.00 147 Construction Administrator $110.00 152 Construction Observer $90.00 43 Clerical $60.00 rrow C %nrcift'rntinn 2413Hourly Rate 143/99/99 1 3 — person Survey Crew $200.00 142/99 142/99 Topographic Survey Crew (straight time) Topographic Survey Crew (over time) $145.00 $220.00 63 1 — person Field Crew $110.00 63 1 — person Field Crew (over time) $150.00 GPS 1 — person GPS/RTK Field Crew $160.00 13 Field Survey Technician $65.00 Reimbursable Ex penses Rate Mileage $0.565 /mile Travel Expenses @ Cost Living Expenses @ Cost Reproduction Cost plus 20% Subconsultants Cost plus 20% Equipment Rental Cost plus 20% Rates are subject to revision on January 1, 2014. Cost of living/inflation increases of 3 to 7% per annum can be anticipated. S. \Dept\Administration\C,lericatVPATES2012 Hourly Rates Updated 1- 21- 13.doc