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No. 3226 approving and authorizing the execution of an Addendum to the Master Agency Agreement (Michigan & Chippewa Intersection Modification Project)
iI 1 C RESOLUTION NO. 3226 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Michigan & Chippewa Intersection Modification Project) I WHEREAS, effective January 1, 2014, the South Bend Department of I Redevelopment, acting by and through its Redevelopment Commission (the 1 i "Commission") and the South Bend Board of Public Works (the "BPW") entered into a 1 Master Agency Agreement which authorized the BPW to act as agent for and on behalf I of the Commission for certain projects during 2014; and 1 WHEREAS, effective January 1, 2014, the Commission and the BPW entered 1. into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for the limited purpose of contracting for and managing the 1. l C completion of existing Projects; and WHEREAS, the Commission desires to amend the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Y p Commission as follows: Section 1. The Commission hereby approves the Addendum to the Master Agency Agreement (Michigan & Chippewa Intersection Modification Project) and t hereby authorizes its execution in substantially the form attached hereto with such , I. 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 this Addendum with the BPW. i i 1 F F' ; i CSection 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 28, 2014, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMEN Marcia I. Jones, esident South Bend Redevelopment Commission AT ST: nald E. Inks, Secretary South Bend Redevelopment Commission 1 I C 1 li i 1 I I I ADDENDUM TO MASTER AGENCY AGREEMENT (Michigan & Chippewa Intersection Modification Project) j This Addendum to Master Agency Agreement (this "Addendum") , made and entered into as of the 28th day of August, 2014, by and between the South Bend i Department of Redevelopment, acting by and through its Redevelopment Commission 1 (the "Commission") and the City of South Bend, Indiana, a municipal corporation duly 1 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 1! g g 1 BPW to act as the Commission's agent to undertake the Michigan & Chippewa I 1 Intersection Modification Project (the "Project"). 1 WHEREAS, effective January 1, 2014, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on C behalf of the Commission for certain projects during 2014; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Michigan & Chippewa Intersection Modification 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 I C, being more specifically described in "Exhibit A", attached hereto and made a part hereof k Ir t: s. i 1! fi: 1 C2. 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. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT l South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Kathryn Roos, Member David Relos, Member l Patrick Henthorn, Member Brian Pawlowski, Member ..] . ] j IATTEST: ), ILinda Martin, Clerk ] \ I } ! } ( 1 1 \ { ( C [ ( [ t C { \ ( ( [ ( [ r 1 1 1 1 C Exhibit "A" 1 i Michigan & Chippewa Intersection Modification Project I See attached Scope of Services from proposal submitted by Lawson Fisher Associates dated August 25, 2014 I Consulting Services Amount: $562,050 i i i C i t I C i1 i` la I This is EXHIBIT A, consisting of 18 pages, referred to in and part of the Agreement between Owner and Engineer 4 for Professional Services dated i C Engineer's Services i Article 1 of the Agreement is supplemented to include the following agreement of the parties. ? 4 1 Engineer shall provide Basic and Additional Services as set forth below. 1 PART 1 —BASIC SERVICES 1 A1.01 Topographic Survey 1 A. The Engineer shall provide topographic survey with focus on the following areas: Property Research, Utility Research and Locations, Survey Notices, Topographic Survey, Location Control Route Survey and Deliverables. All services shall be performed in accordance with applicable sections of Title 865 IAC, Article 1, Rule 12. B. The Engineer shall perform research of existing plans to gather information on existing roadway alignments. This research will also include any recorded plats that may have an established right-of-way width and geometry. The Engineer or its consultants will obtain the latest deed of record for properties affected by the project. C. The Engineer shall review street and utility plans available from the Owner, as well as request mapped utility data from utility providers. The Engineer will request utility locations be provided through the Indiana Underground Plant Protection Service (IUPPS) location service. D. The Engineer or its consultants shall inform all properties, via U.S. Mail letter, within or adjacent to the proposed survey area of planned survey activities pursuant to Indiana Code IC 25-21.5-9-7. E. The Engineer shall utilize appropriate means and methods to obtain accurate and complete topographic data consistent with appropriate standards of care. The Engineer shall note the relative accuracy of points located, origin of coordinates and the basis of reported elevations. The Engineer shall establish both horizontal and vertical control points to support both construction layout and additional data gathering. Topographic survey information shall include: street geometry and appurtenances, utility occupations by observation and utility locates, signals, signs, overhead items, structure inspections, ground elevations including break lines, vegetation limits, and trees. F. The Engineer shall process the obtained information to create a surface model through a triangular irregular network (TIN) of the survey limits and produced a CAD drawing depicting existing conditions. C A G. The Engineer shall recover and locate sufficient property monuments and centerline control 4 monuments to retrace the existing rights of way of public streets within the identified survey If F • Page 1 „: (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services L Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. t, i . limits. The Engineer shall monument and witness the resolved centerline alignments and report those findings on a Location Control Route Survey Plat (LCRSP). The LCRSP shall 1 C f serve as the basis of right of way acquisition documents to be prepared by the Engineer or its 1 Consultants. The LCRSP shall be recorded in the Recorder's Office of St. Joseph County. H. The following deliverable shall be submitted to the Owner by the Engineer: 1. A survey fieldbook that contains information pertaining to the staff and equipment utilized, the origins of record information, findings of the Licensed Land Surveyor, utility 1 company contact information, survey control point details, temporary benchmark details, level circuit notes, field notes, structure inspection data, a copy of the recorded LCRSP, copies of record deeds and plats, and copies of existing road plans. 2. An electronic copy of the survey data in an Autodesk C3D compatible drawing file format, with associated surface files and TIN model for use in other design platforms. The digital drawing file submittal will not be presented on a title block. Any general notes and discussion of findings will be enumerated in the certified fieldbook. All digital drawing file data will be presented in model space with the Engineer's standard styles to i include appropriate layer conventions and naming. A1.02 Environmental Documentation and Investigation i A. The Engineer shall perform basic level Red Flag investigation with the identified project limits as the area of potential effect. L. B. The Engineer shall notify the Owner of any discoveries made and advise on hazardous materials policy and regulation as well as providing a link between IDEM, additional Cconsultants,the public, and regulatory jurisdictional staff C. The Engineer shall notify the Owner of any additional permit requirements or additional investigations for the constructed projects. D. Through the Owner, the Engineer shall coordinate with the Historic Preservation Commission for additional requirements should any encroachment occur onto a Historic Property as part of the project work. Review by Historic Preservation Commission is expected to be at Staff Approval level and not rise to the level of a Certificate of Appropriateness (COA). A1.03 Conceptual Drawing Refinement and Development I A. The Engineer and its Consultants shall review previous developed work and estimated costs g P p prepared by the Owner's consultant. This shall include an inventory of previous work and other deliverables made available to the Owner and review of this previous work. B. The Engineer shall examine possible alternate locations for this traffic distribution project between Ireland Road and Ewing Avenue and provide a brief letter report describing the sites considered,proposed improvements, property impacts, construction and right-of-way estimates of considered locations, and identify the preferred location of the project. c &i Page 2 (Exhibit A—Engineer's Services) y EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. j I ;I1 I C. The Engineer shall develop two (2) concept plans for the Roundabout(s) at the preferred location. Work shall include the following in refinement of previously developed work: i C 1 1. Undertake a capacity analyses and short network analysis to determine lane requirements 2. Prepare refined conceptual layout(s) and review with the Owner. 1 3. Submit concept plans to the Owner for review and comments. 1 I4. Meet with the Owner for discussing merit of each concept and receiving comments. 5. Revise concept layout from Owner review for further Road Plan development. The selected layout revised from Owner review will be superimposed on Preliminary Plotted sheets described in Section A1.04.A to identify anticipated construction limits and land acquisition requirements. These sheets shall be submitted as a Grade Review Plan Set with probable project costs for review by the Owner and development consideration of the I selected alternative. i 1 A1.04 Road Plan Development i ! A. Preliminary Plotting shall be performed by the Engineer using the digital working drawing(s) completed as part of the Topographic Survey. This shall be completed in general conformance with Indiana Department of Transportation standards at appropriate scale(s). The Engineer shall complete the following items within these project limits and incorporate into the prepared ' C Road Plans: 1 1. Identify the survey centerline,property lines and existing property owners. 1 2. Develop existing survey centerline profile and cross section data. 3. Describe and identify in plan survey benchmarks. 4. Identify existing buildings and other improvements within the survey limits. 5. Describe existing features as topographic notes on the developed plan sheets. 6. Identify existing sewers and other below grade utilities based on field location(s) from plan records and field markings provided by others. 7. Reconcile and identify the survey centerline and S-lines with witness boxes from the prepared Location Control route Survey Plat. B. 30% Plan Development shall be extended by the Engineer from the completed Preliminary Plotting phase. The Engineer shall complete the following items within these project limits and incorporate into the prepared Road Plans: j C 1. Develop proposed line work t 1. Page 3 -- -_ — �,; (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1 l I 2. Preliminary drainage design i 3. Develop project Title and Index Sheets C 4. Prepare preliminary Typical Section Sheets o 5. Develop preliminary Plan and Profile sheets 6. Prepare Geometric Tie-up sheet(s) as may be necessary 7. Develop preliminary Plat Sheet I 8. Prepare Roundabout and Intersection Details 9. Develop preliminary Maintenance of Traffic configuration and layout. 10. Prepare needed major Construction Details 11. Develop preliminary cross sections 12. Prepare preliminary quantities calculations I I 13. Develop an Engineer's Estimate of Probable Construction Costs 14. Submit 30%Plans and Estimate of Probable Construction Costs to the Owner for review. C 1 15. Conduct a review meeting with the Owner to receive Plan Development comments. Perform a project field check with Owner, Utilities and other identified stakeholders. C. 60% Plan Development shall be developed by the Engineer after Owner review of the 30% submission. The Engineer shall complete the following items within these project limits and for further development of the prepared Road Plans: 1. Revise plans from 30%review and received Owner comments. 2. Update Title and Index Sheet(s) 3. Update Typical Sections 4. Update Plan and Profile Sheets 5. Update the Geometric Tie up sheet(s) as may be necessary 6. Update the Plat Sheet 7. Update Roundabout and Intersection Details 8. Develop Maintenance of Traffic Phases,Typical Sections and Details 11 Page 4 11 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services 11 Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. i i 1 1 1 9. Refine Major Construction Details and prepare additional details 3 10. Design and Develop Lighting Plan Layout 1 11. Design Develop Signal Plan Layout(s) 12. Develop Preliminary Landscape Plan 1 13. Prepare preliminary Pavement Marking Plans i 14. Develop preliminary Erosion Control Plans 1 j 15. Develop preliminary Sign Details 1 1 16. Develop Approach/Structure/Misc. Tables 17. Update Cross Sections/Approach Sections 1 18. Refine Quantities Calculations i 19. Update Construction Cost Estimate 20. Develop Unique Special Provisions C i 21. Submit 60%Plans and Estimate of Probable Construction Costs to the Owner for review. 22. Conduct a review meeting with the Owner to receive 60%Plan comments. 23. Update 60%Plans from review meeting l D. A Public Information Meeting will be conducted by the Engineer with participation by the Owner for each project. The Engineer shall set up and hold up to two (2) meetings — one for each project — in cooperation with the Owner, other local officials, planning agencies or commissions, and civic organizations to determine local feelings and to ensure proper coordination within the local populace. The Engineer shall prepare presentation materials for said Public Information Meetings in general conformance with the Indiana Department of Transportation "Public Hearing Visual Display Preparation Guide" dated March 1994. 1. The Engineer and its Consultants shall have the respective project design engineer attend and participate in any such meetings, prepare and distribute minutes of such meetings, and prepare letters in response to all questions. 2. Project cost estimates shall include separate amounts for relocation, moving and land acquisition costs. The Engineer shall include such costs in the prepared presentation. c 3. The Owner shall establish the date,time and venue for each Public Information Meeting. it 1, Page 5 - (Exhibit A Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services e, Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. i 1 i I E. 90% Final Check Plans shall be developed by the Engineer after Owner review of the 60% submission and comments received from the Public Information meeting. The Engineer shall complete the following items within these project limits and for further development of the prepared Road Plans: 1. Review with the Owner received comments from the Public Information meeting and identify any proposed changes in the project. 2. Finalize project Drainage Design 3. Finalize Title and Index Sheet(s) 4. Finalize Typical Sections 5. Finalize Plan and Profile Sheets 1 6. Finalize Geometric Tie up sheet 1 7. Finalize Plat Sheet 1 I8. Finalize Roundabout and Intersection Details 9. Finalize Maintenance of Traffic Plans i 4 10. Finalize Construction Details , 11. Final Lighting Plans �E 12. Final Signal Layout(s) 13. Finalize Landscape Plan I 14. Finalize Pavement Marking Plans 15. Final Erosion Control Plans 16. Complete Sign Details 17. Complete Approach/ Structure/Misc. Tables 18. Finalize Cross Sections 19. Complete and bind Quantity Calculations for use by the Owner 20. Finalize and prepare finalized Estimate of Probable Construction Costs 21. Complete necessary Special Provisions Page 6 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. I -- 1 ' i i 22. Submit 90% Final Check Plans and Estimate of Probable Construction Costs to the Owner for review. I 1 1 C 1 23. Conduct a review meeting with the Owner to receive 90%Plan comments. 24. Update 90%Plans from review meeting i 1 F. The Engineer shall prepare and secure an Indiana Department of Environmental Management 1 (IDEM) Construction/Land Disturbance (Rule 5 Erosion Control) Storm Water Permit. The following shall be completed to secure this permit by the Engineer and its Consultants: 1. Submit Plans to the St. Joseph County MS4 for review. t 2. Prepare advertisement for publishing by the Owner 3. Prepare the Rule 5 Notice of Intent(NOI) Submittal , 4. Submit permit application to IDEM. G. Bidding Documents shall be prepared by the Engineer after acceptance by the Owner of 90% Final Check Plans, revised Estimate of Probable Construction Costs, and any other deliverables subject to any Owner-directed modifications or changes in the scope, extent, character, or design requirements of or for the Project, and upon written authorization from Owner, Engineer shall: C1. Prepare finalized Drawings and Special Provisions indicating the scope, extent, and character of the Work to be performed and furnished by Contractor. If appropriate, Special Provisions shall conform to the Owner Standard Specification and other cited governing Standard Specifications. 2. Advise the Owner of any adjustments to the Estimate of Probable Construction Cost known to Engineer from changes made at 90%Plan Review. 3. Finalize and make available to the Owner the Project(s) Cover Sheet for necessary signatures. 4. Develop and prepare Bidding Documents for use by the Owner in Adobe Acrobat digital file format. 5. Final project advertisement and bid packages for use by the Owner. ■ ; 1 C 1 It is I [ Page 7 1 (Exhibit A—Engineer's Services) t k EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1 1 , / A1.05 Geotechnical Services 1 i C A. Perform exploratory test boring for each project in number as described below: 1 1 1. Chippewa Avenue Roundabout — eight exploratory borings. Four borings for anticipated ; overhead sign as well as pavement and drainage considerations. The actual location, depth Iand number will be dependent on the project design and 30%Plan submission. 1 B. Borings are expected to be performed with truck mounted equipment and backfilled at the 1 completion of filed work with auger cutting and a concrete patch at the surface. Test borings I will be located using measurement from existing site features shown on 30% Plans. i 1 i C. Perform appropriate laboratory test including visual soil classification, hand penetrometer readings,moisture content and grain size analysis. 1 , 1 D. Prepare a technical report which will include a summary of finding and recommendations for 1 geotechnical consideration regarding: , I . 1. Subgrade preparation and improvement for support of pavement in areas of pavement ! replacement. 2. Pavement design parameters for AASHTO 1993 Guide for Design of Pavement Structures 3. Potential construction problems due to the subsurface conditions encountered. 1 E. A proposed soil boring location map has been prepared for the project site. This is a tentative C illustration and will be further refined with the project's design. I t A1.06 Utility Coordination A. The Engineer will submit utility mapping information generated in the Topographic Survey from Indiana Underground Plant Protection Service (IUPPS) located and request utility company confirmation of facility locations shown. B. The Engineer shall conduct additional office reviews, field inspections, investigations, and i meetings as needed for utility relocations. The Engineer shall provide required legal notice before entering private property. C. After Public Involvement, the Engineer shall distribute plans with a tentative project schedule to the utility companies. Also, the Engineer shall request submittal of relocation plans with an estimated relocation schedule. All plan revisions affecting utilities must be sent to the affected utilities. D. The Engineer shall obtain written documentation from all utility companies whether relocations are required or not, unless instructed otherwise by the Owner. , E. The Engineer shall review relocation plans and schedules to verify that all conflicts are resolved. At the appropriate time, Owner and/or Engineer will provide written notice for the utility company to proceed. C 1 t P Page 8 r = (Exhibit A—Engineer's Services) I EJCDC E-500 Agreement Between Owner and Engineer for Professional Services 0 Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1 I. Ilerrimiliami F. The Engineer shall provide the following items for all utilities within these project limits and incorporate by reference into the prepared Contract Documents. 1 1. Utility contact with phone number, 2. Utility relocation plans and/or description of relocation if relocation is necessary, 3. Total schedule for relocation, if relocation is necessary, including material delivery, weather restraints, pre-work requirements, coordination issues, need for right-of-way staking and construction time. G. The Engineer shall prepare Special Provisions, as needed, to coordinate and facilitate utility relocation during construction. The Engineer shall act as liaison between utility companies and the Owner, answering questions, interpreting plans, and coordinating activities, etc. H. The Engineer shall assist the Owner in resolving problems or questions concerning utilities during construction, and coordinate with the Owner's Resident Project Representative. 1 I. The Engineer shall maintain sufficient records to accurately track the status of utility relocations and ensure that work is done on schedule in an organized timely manner and prepare periodic status reports. J. The Engineer shall determine if a Utility Field Check is needed, then schedule and conduct the Field Check as may be directed by the Owner. CK. The Engineer shall utilize Subsurface Utility Engineering (SUE) locating and designating information when investigating utility conflicts,when requested by the Owner. A1.07 Right-of-way Engineering A. The Engineer shall prepare title research, legal descriptions, route survey plats or right-of-way parcel plats, acquisition instruments and other materials to be used in the acquisition of right- of-way in accordance with the policies outlined in INDOT Right-of-Way Engineering Procedure Manual,hereinafter called the Manual, 865 I.A.C. 1-12. B. The Engineer shall compare and study, in detail, all of the title information and survey data furnished with it and the Engineer shall calculate or otherwise determine all other data, as may be necessary, for writing the legal description of every right-of-way parcel, all in conformity with the Manual. All documents, plats and plans prepared by the Engineer are to be checked by the Engineer prior to submittal to the Owner. All documents and plats requiring a seal under this Contract may not be reviewed by the Owner for content. C. The Engineer may,when requested in writing from the Owner,undertake additional field work, such as right-of-way staking or general layout, as specifically instructed by the Owner. Each right-of-way (parcel) plat and each sheet of legal description and access control clause issued by the Engineer shall be dated and shall bear the signature and seal of the Registered Land Col Surveyor licensed in Indiana by whom the same is prepared, or under whose personal supervision the same is prepared by his/ her regularly employed subordinates, and for which II Page 9 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1:" 1 . . . i he/she takes full responsibility. The Engineer shall bear the responsibility of recording the plats Iwhich it prepares. CI D. The Engineer shall provide to the Owner, on appropriate electronic media, a copy of prepared 1 legal descriptions, any computer generated land plats and all calculated coordinate points that Irelate to the work. 1 E. The Engineer agrees to attend such conferences with the officials of the Owner and other , ■ interested agencies, as may be required, in connection with the work. The Engineer will make its services available to the Owner during the land appraising and acquisition for the interpretation of its work where disagreement may arise. The Engineer will be available during appraising and acquisition in the event unforeseen or unusual conditions arise. F. Deliverables shall include the last deed of record, prepared parcel plats, legal descriptions and / transfer documents. Permanent right-of-way acquisition parcels shall have a Title Insurance policy in the amount of$5,000 from a 20 year search. 1 1 A1.08 Real Estate Services t A. Project Management for Acquisition Services 1. The Engineer shall be responsible for administration, scheduling and coordinating all activities necessary to certify that additional right-of-way has been acquired and the projects C: are clear for Bid Period, including meetings, conferences and communications with Property Owners, Attorneys, Engineers, Appraisers, Buyers and the Owner. 2. These Right-of-Way Services include all reasonable services required to secure the parcels based on the approved engineering design or recommendation to the Owner that a parcel be condemned. 3. Process claim vouchers from the Owner for payments to property owners. 4. If Market Estimate reports are required, the Engineer and its Consultants will be responsible for approving the report prior to acquisition of the parcel. 5. The Engineer will submit each parcel file to Owner upon completion of the described services. B. Value Analysis—Appraisal Problem Report 1. Examine the Drawings and plans and determine the extent of the taking; 2. Perform an on-site inspection of each parcel requiring Right-of-Way (R/W) acquisition; 3. Determine the type of appraisal needed for each parcel in accordance with Owner's policies 1 Gand procedures. , Page 10 1 (Exhibit A—Engineer's Services) M , EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright 0 2008 National Society of Professional Engineers for EJCDC. All rights reserved. f' t, 1 r, 4. Complete an Appraisal Problem Analysis form for each p arcel to be acquired. C5. Transmit the completed report to Owner for review and approval prior to the initiation of appraisal activity. 6. Revise the Appraisal Problem Analysis, as required, during the course of the project. C. Appraisal/ Appraisal Review 1. The Engineer and its Consultants are to perform real estate appraisals and prepare appraisal reports in accordance with "The INDOT Appraisal Manual". The report and an electronic r file the Owner all comparables used in the report, attached to each hirep rt and data the vicinity (Compact Disc media) of the comparables, consisting of sufficient of the project and of such recent date that a pattern of values may be established. Each comparable property is to be identified by photograph and shall be located on electronic map p P p Y attached to each report that is to be furnished to the Owner. 2. The Appraiser agrees to furnish appraisals in an original plus three copies, an electronic file (Adobe Acrobat format) and one copy on green paper for disbursement to the parcel owner. I 3. The appraisal will conform to statutory and judicial determinations regarding non- I compensable items as set forth and discussed in "The INDOT Appraisal Manual" and/or conferences between the parties. I C 4. The Consultant agrees to updating reports at the request of Owner and/or testify on behalf of i, the Owner, on any affected parcels as may be requested. D. Negotiation/Buying 1. The Engineer and its Consultants will be required to acquire parcels of real estate. The Engineer shall make every reasonable effort to acquire assigned parcels expeditiously. 2. The Engineer shall make a prompt offer to acquire each parcel for the full amount, which has been established and approved by the Owner as just compensation for the acquisition. The offer shall be made in a Uniform Land and Easement Acquisition Offer letter which shall be given to each parcel owner in person or sent by certified mail with return receipt en equested. The Engineer shall also provide the parcel owner a copy of the appraisal explaining the basis for the amount, which has been established. In accomplishing the above, the Engineer and its Consultants shall do the following: a. Make all reasonable efforts to personally contact each owner or his designated representative, explain the acquisition, and offer in writing the nave failed ti tetof just compensation. When all efforts to make personal contact event the property owner resides out of state, the owner may be contacted by certified or registered first class mail or other means appropriate to the situation. b. No later than the first contact where the offer is discussed, the Engineer through it Consultants shall notify the owner's rights, privileges and obligations. i 1 i Page 11 j (Exhibit A—Engineer's Services) ): EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. t 3. The owner of improvements located on lands being acquired for right-of-way should be offered the option of retaining those improvements at a retention value determined by the Engineer and approved by the Owner. 4. A revised offer and summary statement of just compensation shall be provided the owner if: 1 a. The extent of the taking is revised, or b. The approved estimate of just compensation is revised by the Review Buyer. 5. The Engineer shall maintain adequate records to include a report for each parcel containing but not limited to: a. The date and place of contact, b. The parties of interest contacted, c. The offer made, d. The counter offer or reasons offer was not accepted, e. The signature of the Engineer's Consultant, date, and initialed by the person contacted. 0. 6. The property owner must be given a copy of the report on each contact. 7. When attempts to buy are successful, a signed statement is to be prepared by the Engineer's Consultant to the effect that: a. The written agreement secured, embodies all considerations agreed to by the property owner; contemplated future b. The Engineer's Consultant has no direct or indirect, p resent or contem p personal interest in the property or in any monetary benefit from the acquisition of the Cproperty; and c. The agreement was reached without coercion of any type. 8. When attempts to buy are unsuccessful, the Engineer's Consultant shall record his recommendation for action and submit it to the Owner: a. The recommendation shall consider administrative settlement, include the amount of settlement and reasons for a settlement, b. Otherwise, a condemnation report shall be filled out and submitted with the completed file. G. The Engineer shall provide an updated title and encumbrance report upon submission of any secured or condemned parcel. Permanent right-of-way acquisition parcels shall have a Title Insurance policy revised in the amount of the appraised value. E. Relocation Services 1. The Engineer shall make every reasonable effort to expeditiously complete relocation activities for assigned parcel(s). 2. The Engineer's Consultant shall make prompt contact with the relocate to explain all Relocation entitlements for which the relocate is eligible. In accomplishing the above, the ce, Engineer's Consultant shall do the following: ii Page 12 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. r i a. Make all reasonable efforts to personally contact each owner or his designated ■ representative and explain all Relocation entitlements. When all efforts to make 1 C personal contact have failed, or in the event the property owner resides out of state, the owner may be contacted by certified or registered first class mail or other means appropriate to the situation. b. No later than the first contact when the Relocation entitlements are discussed, the Engineer's Consultant shall give the owner a brochure describing the Relocation process and the owner's rights, privileges and obligations. I3. The CONSULTANT shall maintain adequate records for each parcel containing, but not limited to: a. The date, time and place of contact, b. The parties of interest contacted, c. A list of the Relocation entitlements explained, d. The signature of the Engineer's Consultant and the person contacted on all applicable Relocation forms. If the person contacted refuses to sign, this must be noted on all applicable forms. 4. The Engineer's Consultant further agrees to follow accepted principles and techniques of the Relocation process in accordance with existing State Laws, the "Relocation Policy and Procedures Manual". Any parcel that does not meet such requirements shall be further documented without additional compensation to the Engineer. A1.09 Bid Period Services A. After acceptance by Owner of the Bidding Documents and the most recent opinion of probable Construction Cost as determined in the 90% Design Phase, and upon written authorization by Owner to proceed, Engineer shall: 1. Assist Owner in advertising for and obtaining bids or proposals for the Work and, where applicable, maintain a record of prospective bidders to whom Bidding Documents have been issued, attend a mandatory pre-Bid conferences for each project. 2. Issue Addenda as appropriate to clarify, correct, or change the Bidding Documents. 3. Consult with Owner as to the acceptability of subcontractors, suppliers, and other individuals and entities proposed by prospective contractors for those portions of the Work as to which such acceptability is required by the Bidding Documents. 4. Maintain a record of questions and responses provided through bid period to be issued by addenda to prospective bidders to whom Bidding Documents have been issued. 5. Attend the Bid opening, prepare Bid tabulation sheets, and assist Owner in evaluating Bids or proposals and in assembling and awarding contracts for the Work. B. The Bid Period Services Phase will be considered complete upon commencement of the CConstruction Phase or upon cessation of negotiations with prospective contractors (except as may be required if Exhibit F is a part of this Agreement). ! I Page 13 F (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1,; 1 1 A1.10 Construction Phase Services ' CA. Following the award of the construction Contract, the Engineer and its Consultants will be responsible for attending the pre-construction meeting. During the course of construction, the Engineer shall be available at reasonable times during normal working hours to respond to reasonable inquiries concerning the accuracy or intent of the Engineer's plans. All such inquiries shall be made only by persons designated by the Owner to interpret the plans and Contract documents for the benefit of the contractors and subcontractors performing the work. The Engineer shall not be required to respond to inquiries by persons other than Owner's designated representative -- hereafter referred to as the Construction Engineer -- and shall not be required to engage in exhaustive or extensive analysis or interpretation of the plans. 1 B. The Engineer shall review all shop drawings as provided in the developed contract documents. The Engineer shall make sure applicable requirements are met and all materials conform to the special provisions that have been written for the project. C. The Engineer shall review all shop drawings involving Mechanically Stabilized Earth retaining walls, culvert structures, traffic control work, signing, lighting, signals or other items as outlined in Chapter 14 of Indiana Department of Transportation Design Manual. D. If during the construction phase it is determined that unforeseen or unusual conditions arise, the Engineer shall revise the plans with the Owner's approval. i CE. The Engineer shall provide Utility Coordination Services during the Construction Phase. The Engineer shall act as a liaison between utility companies, Owner, and the Contractor. These services may include answering questions, interpreting plans and coordinating activities. The Engineer shall assist the Construction Engineer in resolving problems concerning utility facility relocations during construction. The Engineer shall work with the utilities, contractor and the Construction Engineer to resolve any conflicts that may arise during construction. The Engineer shall attend utility coordination meetings held by the contractor. The Engineer shall also attend project progress meetings held by the Construction Engineer as needed. F. Duration of Construction Phase: The Construction Phase will commence with the execution of the first Construction Contract for the Project or any part thereof and will terminate upon written recommendation for final payment to Contractors. The Project involves more than one prime contract and Construction Phase services may be rendered at different times in respect to the separate contracts. Subject to the provisions of Article 3, Engineer shall be entitled to an equitable increase in compensation if Construction Phase services (including Resident Project Representative Services, if any) are required after the original date for completion and readiness for final payment of Contractor as set forth in the Construction Contract. G. Limitation of Responsibilities: Engineer shall not be responsible for the acts or omissions of any Contractor, Subcontractor or Supplier, or other individuals or entities performing or furnishing any of the Work, for safety or security at the Site, or for safety precautions and programs incident to Contractor's Work, during the Construction Phase or otherwise. Engineer shall not be C responsible for the failure of any Contractor to perform or furnish the Work in accordance with the Contract Documents. II is il Page 14 si (Exhibit A—Engineer's Services) s, EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. l 1 C PART 2—ADDITIONAL SERVICES i A2.01 Additional Services Requiring Owner's Written Authorization A. If authorized in writing by Owner, Engineer shall furnish or obtain from others Additional Services of the types listed below. 1. Preparation of applications and supporting documents (in addition to those furnished under Basic Services) for private or governmental grants, loans, or advances in connection with the Project; preparation or review of environmental assessments and impact statements; 1 review and evaluation of the effects on the design requirements for the Project of any such 8 statements and documents prepared by others; and assistance in obtaining approvals of € f authorities having jurisdiction over the anticipated environmental impact of the Project. 2. Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by Owner or others. 3. Services resulting from significant changes in the scope, extent, or character of the portions of the Project designed or specified by Engineer or its design requirements 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, Drawings, Specifications, or Contract Documents when such revisions are required by changes in Laws and Regulations enacted subsequent to the Effective Date or are due to any other causes beyond Engineer's control. 4. Services resulting from Owner's request to evaluate additional Study and Report Phase alternative solutions beyond those prepared and identified in Paragraph A1.03.B for the Chippewa Avenue Roundabout. 5. Services required as a result of the Owner or Owner's consultants providing incomplete, incorrect, or untimely Project information to Engineer. 6. Providing renderings, models or other presentation materials for Owner's use beyond those described in Paragraph Al.04.D. 7. Undertaking investigations and studies including, but not limited to, detailed consideration of operations, maintenance, and overhead expenses; the preparation of financial feasibility and cash flow studies, rate schedules, and appraisals; assistance in obtaining financing for the Project; evaluating processes available for licensing, and assisting Owner in obtaining process licensing; detailed quantity surveys of materials, equipment, and labor; and audits or inventories required in connection with construction performed by Owner. 8. Furnishing services of Consultants for other than Basic Services. 9. Services attributable to more prime construction contracts than specified beyond those C l described in Paragraph Al.04.G. ti' __ __ _ _ l —__ Page 15 (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. • 10. Services during out-of-town travel required of Engineer other than for visits to the Site or Owner's office. 11. Preparing for, coordinating with, participating in and responding to structured independent review processes, including, but not limited to, construction management, cost estimating, project peer review, value engineering, and constructability review requested by Owner; and performing or furnishing services required to revise studies, reports, Drawings, Specifications, or other Bidding Documents as a result of such review processes beyond e described in Paragraph graph A1.03.C. 12. Preparing additional Bidding Documents or Contract Documents for alternate bids or prices requested by Owner for the Work or a portion thereof 13. Assistance in connection with Bid protests, rebidding, or renegotiating contracts for construction, materials, equipment, or services, except when such assistance is required by Exhibit F. 14. Providing construction surveys and staking to enable Contractor to perform its work, and any type of property surveys or related engineering services needed for the transfer of interests in real property beyond those services described in Paragraph A1.08; and providing other special field surveys. 15. Providing Construction Phase services beyond those described those described in Paragraph A1.10. 16. Providing assistance in responding to the presence of any Constituent of Concern at the Site, in compliance with current Laws and Regulations. 17. Preparing Record Drawings showing appropriate record information based on Project annotated record documents received from Contractor, and furnishing such Record Drawings to Owner. 18. Preparation of operation and maintenance manuals. 19. Preparing to serve or serving as a consultant or witness for Owner in any litigation, arbitration, or other dispute resolution process related to the Project beyond those services described in Paragraph A1.08.A.1. 20. Overtime work requiring higher than regular rates. 21. Other services performed or furnished by Engineer not otherwise provided for in this Agreement. 22. Subsurface Utility Engineering (SUE) locating and designating information when investigating utility conflicts as may be directed. 23. Physical traffic volume survey or Area/Regional transportation modeling. 24. Signal system timing, interconnection or progression analyses for any existing/proposed traffic signal systems. ;' l• Page 16 i (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services t, Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. 1 1 25. Providing services in connection with a public information meeting or other public forum 1 or proceeding beyond those described in Paragraph A1.04.E. 26. Providing special surveys, environmental studies and other submissions beyond those already described required for approvals by authorities or others having jurisdiction. 3 ' 27. Providing services of other consultants than those described and included in the scope of services. 28. Preparation or review of other studies, assessments or impact statements. 29. Preparing or securing permits not already identified within the scope of services. r A2.02 Additional Services Not Requiring Owner's Written Authorization A. Engineer shall advise Owner in advance that Engineer is commencing to perform or furnish the Additional Services of the types listed below. For such Additional Services, Engineer need not request or obtain specific advance written authorization from Owner. Engineer shall cease performing or furnishing such Additional Services upon receipt of written notice from Owner. t. 1. Services in connection with work change directives and change orders to reflect changes requested by Owner. 1' 2. Services in making revisions to Drawings and Specifications occasioned by the acceptance of substitute materials or equipment other than"or-equal" items; services after the award of C the Construction Contract in evaluating and determining the acceptability of a proposed "or equal" or substitution which is found to be inappropriate for the Project; evaluation and determination of an excessive number of proposed "or equals" or substitutions, whether proposed before or after award of the Construction Contract. 3. Services resulting from significant delays, changes, or price increases occurring as a direct or indirect result of materials, equipment, or energy shortages. 4. Additional or extended services during construction made necessary by (1) emergencies or acts of God endangering the Work (advance notice not required), (2) the presence at the Site of any Constituent of Concern or items of historical or cultural significance, (3) Work damaged by fire or other cause during construction, (4) a significant amount of defective, neglected, or delayed work by Contractor, (5) acceleration of the progress schedule involving services beyond normal working hours, or(6) default by Contractor. 5. Services (other than Basic Services during the Post-Construction Phase) in connection with any partial utilization of any part of the Work by Owner prior to Substantial Completion. 6. Evaluating an unreasonable claim or an excessive number of claims submitted by Contractor or others in connection with the Work. 7. Services during the Construction Phase rendered after the original date for completion of the Work. f` P. 1 l Page 17 - -------- ----- - (Exhibit A—Engineer's Services) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services Copyright©2008 National Society of Professional Engineers for EJCDC. All rights reserved. I