HomeMy WebLinkAboutNo. 3152 Approving and Authroizing the Execution of an Addendum to the Master Agency Agreement (Bowen Street Sidewalk Project)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
v
Marcia I. J s, President
South Bend evelopment Commission
ATT+
2
A. Varner, Vice - President
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 27`h 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
Proiect 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
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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
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.
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August 2013
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3. Sublettina and Assianment 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
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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. Enaineer 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
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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 Indemnification
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
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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. Chanoes 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
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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 Assianees
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 Aareement
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.
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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
L
Gary . Fi , P.E.
Vice President
ATTEST:
Samuel E. Wolfe, P.E., L.S.
Department Manager
OWNER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. Gilot, P.E., Board President
David P. Relos, Member
Kathryn E. Roos, Member
Michael C. Mecham, P.E., Member
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.doc
Bowen Street Right of Way Engineering, Staking and Acquisition Services Agreement
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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.
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
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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
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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
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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 ".
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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:
1. 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.
a. 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.
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Bowen Street Right of Way Engineering, Staking & Acquisition Services APPENDIX "B"
August 2013
Page 2 of 2
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
Hight of Whftgineering,
Staling
and Aoqui5itiran 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 /bounds 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)
otal Nock
Tai Exceed Amounts
* 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 2 of 4
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 3 of 4
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 4 of 4
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
I
$220.00
49
Division Manager
$185.00
50
Departmen Manager
$160.00
55
rvPrincipal
Registered Land Sueyor
$130.00
217
Project Manager
$140.00
214
Surveyor V
$140.00
330
Electrical Engineering Specialist
$150.00
555/565
Engineer V/Architect V/Landscapc Architect V/
Planner V/Scientist V/Geologist V
$145.00
554/564
Engineer IV/Architect IV/Landscape Architect TV/
Planner IV/Scientist IV/Geologist IV
$135.00
53/58
Engineer III/Architect III/Landscape Architect III/
Planner III/Scientist Ill/Geologist 111
$125.00
52/57
Engineer II/Architect II/Landscape Architect II/
Planner II/Scientist II/Geologist 11
$115.00
51/56
Engineer I/Architect I/Landscape Architect I/
Planner I/Scientist I/Geologist 1
$90.00
Designer 1
$85.00
—8
472
Designer Il
$100.00
473
Designer 111
$110.00
29
Technician
$65.00
147
Construction Administrator
$110.00
152
Construction Observer
$90.00
43
Clerical
$60.00
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\Administmtion\Clerical\RATES\2012 Hourly Rates Updated 1-21-13.doc