goshen redevelopment commission...

GOSHEN REDEVELOPMENT COMMISSION AGENDA FOR THE REGULAR MEETING OF August 14, 2018

The Goshen Redevelopment Commission will meet on August 14, 2018 at 3:00 p.m. in the City Court Room/ Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana.

1. CALL TO ORDER/ROLL CALL

2. APPROVAL OF MINUTES

3. NEW BUSINESS

Res. 51-2018 Confirmatory Resolution to Amend the Economic Development Plan for the Consolidated River Race/US 33 Economic Development Area and Allocation Area

Res. 52-2018 Authorize Acquisition of Real Estate at 624 East Lincoln Avenue and 700 East Lincoln Ave.

Res. 53-2018 Partial Release of Real Estate Mortgage –Millrace Neighborhood LLC

Res. 54-2018 Approve and Authorize Execution of Waterford Mills Parkway Change Order No. 12 with Indiana Department of Transportation

Res. 55-2018 Approve and Authorize Execution of Agreement with Barak Group, LLC for the Development of Stormwater Facilities

Res. 56-2018 Award bid for the construction of CR 40 Sewer Project Res. 57-2018 Approve and Authorize Execution of Supplemental Agreement #2 with DLZ for Kercher Road Phase II Reconstruction. Res. 58-2018 Ratify Agreement with American Structurepoint for Professional Architectural/Engineering Services for the Ice Rink/Multi-Use Pavilion Project. Res. 59-2018 Approve Execution of Change Order No. 1 for Northwest Bike Trail 4. APPROVAL OF REGISTER OF CLAIMS

5. MONTHLY REDEVELOPMENT STAFF REPORT

6. OPEN FORUM

The open forum is for the general discussion of items that are not otherwise on the agenda. The public will also be given the opportunity at this time to present or comment on items that are not on the agenda.

7. ANNOUNCEMENTS

Next Regular Meeting – September 11, 2018 at 3:00 p.m.

8. EXECUTIVE SESSION Pursuant to the provisions of the Open Door Law and Indiana Code § 5-14-1.5-6.1(b)(2)(D), the Goshen Redevelopment Commission will meet in executive session at the conclusion of the regular meeting for discussion of strategy with respect to the purchase or lease of real property.

GOSHEN REDEVELOPMENT COMMISSION

Minutes for the Regular Meeting of July 10, 2018

The Goshen Redevelopment Commission met in a regular meeting on July 10, 2018 at 3:00 p.m. in the City Court

Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana.

CALL TO ORDER/ROLL CALL

The meeting was called to order by President Thomas Stump. On call of the roll, the members of the Goshen

Redevelopment Commission were shown to be present or absent as follows:

Present: Andrea Johnson, Jose Elizalde, Brian Krider, Thomas Stump, Vince Turner and Brett Weddell

Absent: None

APPROVAL OF MINUTES

A motion was made by Commissioner Weddell and seconded by Commissioner Turner to approve the minutes of

the June 12, 2018 regular meeting

AGENDA ADDITIONS:

Request to add the following Resolution to the Agenda:

(:52) Resolution 50-2018 Approve and Authorize Execution of Release and Settlement Agreement with

Matthews Millrace, LLC

There were no objections and Resolution 50-2018 was added to the agenda by a unanimous vote.

UNFINISHED BUSINESS

Resolution 39-2018 – Re-Approval of Purchase Agreements with LaCasa of Goshen, Inc for 307 S. 7th

Street, 401 E. Jefferson Street, and 1215 Hickory Street Goshen

(1:46) Larry Barkes, City Attorney, explained that additions were made to the original Agreement as discussed at

the June Meeting, but there was no vote at that time. The additions are detailed in the Resolution.

A motion was made by Commissioner Weddell and seconded by Commissioner Turner to approve Resolution

39-2018.

The motion was adopted unanimously.

NEW BUSINESS

Resolution 42-2018 – Declaratory Resolution to Amend the Economic Development Plan for the

Consolidated River Race/US 33 Economic Development Area and Allocation Area

(6:04) Larry Barkes, City Attorney, explained that there are certain properties that need to be acquired, but no

additional projects. The list of properties is attached to the Resolution.

Commissioner Stump made a suggestion that it might be beneficial to add the property on Olive Street to Exhibit

“A” of the Resolution.

A motion was made by Commissioner Weddell and seconded by Commissioner Krider to amend Resolution 42-

2018 to include the property on the North East corner of Olive Street.

The amendment was approved unanimously.

A motion was made by Commissioner Weddell and seconded by Commissioner Johnson to approve Resolution

42 -2018 as amended.

Resolution 43-2018 Approval of Additional Payment to Jerry Reed Excavating for Removal of Trees and Debris

at 213, 219 and 223 S. Third Street.

(11:14) Becky Hershberger, Project Manager, explained that after the structures were demolished it came to our

attention that three trees, an abandoned utility pole, an empty oil tank and other debris would have to be removed.

Jerry Reed offered to remove and dispose of everything at a cost of $2,500.00.

A motion was made by Commissioner Weddell and seconded by Commissioner Turner to approve Resolution 43-

2018.


Resolution 44-2018- Approval of a Contribution for the Goshen Fire Department Training Facility

(12:37) Mark Brinson, Community Development Director, explained that the cost to build the Fire Department

Training Facility will be $375,000.00. The County has committed $50,000.00 to the project based on the

provision that the Township Fire Departments have access to the facility. We are requesting $50,000.00 from the

Commission to help pay for the facility.

A motion was made by Commissioner Turner and seconded by Commissioner Weddell to approve Resolution 44-

2018.


Resolution 45-2018 Award Bid and Authorize Negotiation and Execution of Agreement for Demolition at 311 N.

9th Street

(14:37) Becky Hershberger, Project Manager, explained that on June 25th bids were sent out and Jerry Reed was

the only responding bidder at $8,500.00. We are requesting approval to move forward with Jerry Reed to

demolish the structure at 311 N. 9th Street.


45-2018.


Resolution 46-2018 Approval of Contribution to the Millrace Neighborhood LLC, Regarding Geotechnical

Assistance

(16:21) for the past two months we have been discussing the issues regarding the geotechnical issues on the

property. Staff and two Commissioners discussed recommending the Commission contribute 50% of the cost not

to exceed $100,000.00.

(20:52) Commissioner Weddell questioned whether or not the Millrace Neighborhood LLC, had done any soil

borings to establish whether or not due diligence was done before construction had started and he was told that the

only samples taken were by Redevelopment, but those would not have been geotechnical samples.

The following audience attendees spoke in favor of the Millrace Neighborhood project and made their request for

funding from the Commission:

(21:31) Richard Miller –Goshen

(23:32) Nancy Lowen-419 S. Seventh Street-Co-Housing Member and Chair of the Association.

(26:35) Mike Landis 1102 Prairie Ave, Goshen.(Board of Works Member)

(31:05) Julia Gautsche Goshen City Council Member

(32:01) Jeremy Stutsman, Mayor, City of Goshen

(33:40) Commissioner Turner gave his opinion on the Commission contributing to this project as long as it does

not exceed $100,000.00

(35:50) Commissioner Krider also gave his opinion regarding the contribution and did not agree with contributing

any money.

(38:50) Commissioner Johnson’s opinion is that the $100,000.00 is aggregable with a $100,000.00 contribution.

(40:13) Commissioner Stump spoke in support of the $100,000.00 contribution. He feels there were unforeseen

circumstances in this project.

(41:24) Maryellen Myers-Goshen spoke in support of the project.

(44:06) Larry Gautsche –Goshen also spoke in support of the project.

A motion was made by Commissioner Turner and seconded by Commissioner Johnson to approve Resolution 46-

2018.


After discussion, on call of the roll, the motion was carried by the following vote:

Ayes: Johnson, Stump, Turner, Weddell

Nays: Krider

The motion was adopted by a vote of 4 in favor and 1 against.

Resolution 47-2018 Ratify execution of Lease Agreement for Powerhouse

Mark Brinson, Community Development Director, explained that this is the usual agreement used for rental of the

Powerhouse.


41-2018.


Resolution 48-2018 Approve Execution of Change Order No. 1 with Niblock Excavating, Inc. for Supreme Court

Reconstruction Project.

Dusting Sailor, City Engineer, explained that soils under the old asphalt had a swath of unsuitable material that

was inconsistent with anything around it and it was unsuitable for road backfill. Engineering has asked the

contractor to remove it and they are asking the Commission to approve the change order in the amount of

$16,689.80.

A motion was made by Commissioner Weddell and seconded by Commissioner Turner Weddell to approve

Resolution 48-2018.


Resolution 49-2018 Award Bid and Authorize Negotiation and Execution of Agreement for Design of River Race

Dr. by Jefferson Street

Leslie Biek, City Engineering, sent out request for quotes for design and a little survey work, for Jefferson River

Race Drive and Third Street to accommodate the changes to Third Street that have been discussed at previous

meetings. Received five (5) responses and JPR was the lowest quote. Engineering is requesting that the

Commission award the project to JPR in the amount is $14,600.00.


2018.


Resolution 50-2018 Approve and Authorize Execution of Release and Settlement Agreement with Matthews

Millrace, LLC

(51:47) Larry Barkes, explained that this agreement was discussed at the last meeting. We will be receiving the

property back and the intention is to put it up for proposals and they agree to that and they will be executing a

deed. Copies included are a copy of the deed, executed release and settlement, but we have not recorded the

actual Warranty Deed, because we just received the documents today.


2018.


(Approved 4-0 Brett Weddell left the Council Chambers before the vote)

APPROVAL OF REGISTER OF CLAIMS

A motion was made by Commissioner Turner and seconded by Commissioner Johnson to approve payment of the

Register of Claims totaling $363,931.24.

The motion was adopted by a vote of 4-0 (Brett Weddell was absent for the vote).

MONTHLY REDEVELOPMENT STAFF REPORT

Community Development Director Mark Brinson offered to answer any questions about the monthly report;

Mark informed the Commission that the Park 33 Apartments had 90 units leased, mostly people coming to

Goshen not people that currently live in Goshen.

OPEN FORUM

(1:02) Julia Gautsche expressed her thanks for how Park 33 was being handled and the response from Staff

No one from the Commission or the public spoke during the open forum.

ANNOUNCEMENTS

It was announced that the next regular meeting is scheduled for August 14, 2018 at 3:00 p.m.

ADJOURNMENT

A motion was made by Commissioner Johnson and seconded by Commissioner Turner to adjourn the regular

meeting.

The regular meeting was adjourned at 3:57 p.m.

APPROVED on August 14, 2018.


Thomas W. Stump, President

Brett Weddle, Secretary

1

RESOLUTION 51-2018

Confirmatory Resolution to

Amend the Economic Development Plan for the


WHEREAS the Goshen Redevelopment Commission (Commission) adopted Declaratory

Resolution 42-2018 to Amend the Economic Development Plan (Plan) for the Consolidated River

Race/US 33 Economic Development Area and Allocation Area (EDA) on July 10, 2018;

WHEREAS the Declaratory Resolution preliminarily adopted and incorporated into the Plan for

the EDA a Plan Supplement to identify additional parcels of real estate to be acquired for existing projects

to be undertaken by the Commission pursuant to the Plan;

WHEREAS pursuant to Indiana Code § 36-7-14-16(a), the Goshen Plan Commission has issued a

written order finding that the Declaratory Resolution, including the Plan Supplement to the Plan for the

EDA, conform to the plan of development of the City, including the City of Goshen’s Comprehensive

Plan, and has approved the Declaratory Resolution, including the Plan Supplement;

WHEREAS pursuant to Indiana Code § 36-7-14-16(b), the Goshen Common Council has

approved the Goshen Plan Commission’s written order;

WHEREAS pursuant to Indiana Code § 36-7-14-17, Indiana Code § 36-7-14-17.5 and Indiana

Code § 5-3-1, a notice of the adoption and substance of the Declaratory Resolution and a notice of public

hearing on the proposed amendment has been published and filed with all appropriate departments,

offices, bodies, affected neighborhood associations, and persons owning real estate that have been added

to the proposed acquisition list; and

WHEREAS the Commission has conducted a hearing to receive and hear remonstrances and

objections from persons interested in or affected by the proposed Plan amendment.

NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that

Declaratory Resolution 42-2018 to Amend the Economic Development Plan for the Consolidated River

Race/US 33 Economic Development Area and Allocation Area is CONFIRMED as follows:

2

(1) The Plan Supplement attached to this Resolution as Exhibit A identifying the additional parcels of

real estate to be acquired for existing projects to be undertaken by the Commission pursuant to

the Plan is adopted and incorporated into the Plan for the EDA.

(2) The additional parcels of real estate to be acquired are already part of the existing EDA for the

purpose of Indiana Code § 36-7-14 et seq.

(3) The public health and welfare of the Goshen community will be benefited by the Plan amendment

and accomplishment of the overall Plan for the EDA.

(4) The Plan amendment for the EDA is reasonable and appropriate when considered in relation to

the original Plan and the purposes of Indiana Code § 36-7-14 et seq.

(5) The overall Plan for the EDA, including the Plan Supplement, conforms to other development

and redevelopment plans for the City of Goshen, including the City of Goshen’s Comprehensive

Plan.

(6) The Plan amendment for the EDA will not modify the previously established boundaries,

allocation provisions, base assessed values, base assessment dates, or the manner in which tax

increment is calculated for the real estate currently included in the EDA.

(7) The findings and determinations set forth in the original Declaratory Resolution and Plan for the

EDA are reaffirmed.

(8) The Department of Redevelopment may undertake any and all activities necessary to accomplish

the Plan in accordance with Indiana Code § 36-7-14 and 36-7-25 and as authorized by the

Commission.

(9) The Department of Redevelopment is instructed to record this Confirmatory Resolution with the

Elkhart County Recorder.

PASSED and ADOPTED by the Goshen Redevelopment Commission on August 14, 2018.


Brett Weddell, Secretary

3

STATE OF INDIANA )

) SS:

COUNTY OF ELKHART )

Before me, the undersigned Notary Public, on August 14, 2018, personally appeared Thomas W.

Stump, President and Brett Weddell, Secretary of the Goshen Redevelopment Commission, and

acknowledged the execution of the foregoing Resolution.

Notary Public

(SEAL) Printed:

County of residence:

Commission number:

My commission expires:

This instrument was prepared by Shannon Marks, Legal Compliance Administrator, City of Goshen Legal

Department, 204 East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 537-3820.

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security

number in this document, unless required by law (Shannon Marks).

4

EXHIBIT A

Plan Supplement to the Economic Development Plan for the


(July 10, 2018)

AREA 1

The Commission proposes to acquire the following parcels of real estate and demolish the

structures to facilitate the construction of road improvements on Lincoln Avenue from the railroad to

eastern city limits, including intersection improvements at Lincoln Avenue and Steury Avenue pursuant

to the Plan. All parcels of real estate to be acquired are located within the existing EDA. The estimated

cost of real estate acquisition and demolition of structures is $550,000. The price to be offered to acquire

the real estate may not exceed the average of two (2) independent appraisals of the fair market value of

the real estate.

(1) 622 East Lincoln Avenue (20-11-10-305-001.000-015)

HKH Holdings LLC


W Joel Nichols, Trustee of the W Joel Nichols Trust


W Joel Nichols, Trustee of the W Joel Nichols Trust


Rogers, Ronnie


Hapner, Paul W and Sharon K

(6) East Lincoln Avenue (20-11-10-305-011.000-015)

Shannon, Anita A and Kim A


Shannon, Anita A and Kim A


Gonzalez, Estela


Shannon, Kim and Anita

5


Shannon, Kim and Anita


Garber, Brian D

(12) 102 Olive Street (20-11-10-160-018.000-015)

Weaver, Owen and Patricia

The following map is a depiction of the Area 1 location of the additional parcels of real estate to

be acquired.

6

AREA 2

The Commission proposes to acquire the following parcels of real estate, demolish and remove

the structures and improvements, conduct environmental studies, construct any public infrastructure

improvement necessary or desirable to promote the private redevelopment of the Ozinga Ready Mix real

estate in the 1000-block of Lincolnway East. All parcels of real estate to be acquired are located within

the existing EDA. The estimated cost of the project is $950,000. The price to be offered to acquire the

real estate may not exceed the average of two (2) independent appraisals of the fair market value of the

real estate.

(1) 1700 EGBERT AVE (20-11-15-207-001.000-015)

OZINGA READY MIX CONCRETE INC

(2) E REYNOLDS ST REAR (20-11-15-207-014.000-015)


(3) 1700 EGBERT AVE (20-11-15-229-001.000-015)


(4) US 33 REAR (20-11-15-276-001.000-015)


(5) 1700 EGBERT AVE (20-11-15-276-002.000-015)


(6) LINCOLNWAY EAST (20-11-15-276-003.000-015)


(7) LINCOLNWAY EAST (20-11-15-276-004.000-015)


(8) LINCOLNWAY EAST (20-11-15-276-005.000-015)


(9) LINCOLNWAY EAST (20-11-15-276-009.000-015)


(10) LINCOLNWAY EAST (20-11-15-276-010.000-015)


(11) LINCOLNWAY EAST (20-11-15-276-011.000-015)


(12) LINCOLNWAY EAST (20-11-15-276-012.000-015)


(13) 1022 LINCOLNWAY EAST (20-11-15-276-013.000-015)


7

(14) LINCOLNWAY EAST (20-11-15-276-016.000-015)


(15) LINCOLNWAY EAST (20-11-15-276-017.000-015)


The following map is a depiction of the Area 2 location of the additional parcels of real estate to

be acquired.

RESOLUTION 52-2018

Authorize Acquisition of Real Estate at

624 East Lincoln Avenue and 700 East Lincoln Avenue

WHEREAS Redevelopment is interested in acquiring the real estate at 624 East Lincoln

Avenue and 700 East Lincoln Avenue.

WHEREAS City administration has negotiated the terms and conditions of an Agreement

for the Sale and Purchase of Real Estate with M & H Rentals, LLC, an Indiana limited liability

company and W. Joel Nichols, and his successors, as Trustee of the W. Joel Nichols Trust dated

February 9, 2001, a copy of which is attached to and made a part of this resolution.

NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission

that:

A. The City of Goshen, Indiana Department of Redevelopment is authorized to acquire the

real estate more commonly known as 624 East Lincoln Avenue and 700 East Lincoln

Avenue.

B. The terms and conditions of the Agreement for the Sale and Purchase of Real Estate with

M & H Rentals, LLC, an Indiana limited liability company and W. Joel Nichols, and his

successors, as Trustee of the W. Joel Nichols Trust dated February 9, 2001 attached to

this resolution are approved.

C. Community Development Director Mark Brinson is authorized to execute the Agreement

on behalf of the Goshen Redevelopment Commission.

PASSED and ADOPTED by the Goshen Redevelopment Commission on August 14,

2018.



RESOLUTION 53-2018

Partial Release of Real Estate Mortgage

Executed by Millrace Neighborhood LLC

WHEREAS Millrace Neighborhood LLC, an Indiana limited liability company

(“Purchaser”) acquired certain real estate along River Race Drive from the City of Goshen,

Indiana, a political subdivision of the State of Indiana for the use and benefit of the Department

of Redevelopment (“City”) pursuant to an Agreement for the Sale, Purchase and Development of

Real Estate dated April 25, 2014.

WHEREAS the mortgage was executed by Purchaser on October 19, 2016 and recorded

October 19, 2016 as instrument number 2016-21745.

WHEREAS City agrees to release the mortgage on a lot by lot basis to permit Purchaser

to sell individual lots after the lot has been developed.

NOW, THEREFORE, BE IT RESOLVED that, on behalf of City, the Goshen

Redevelopment Commission ratifies the release of mortgage on a portion of the real estate as

described in the Partial Release of Real Estate Mortgage attached to this resolution.

PASSED and ADOPTED by the Goshen Redevelopment Commission on August 14,

2018.



RESOLUTION 54-2018

Approve and Authorize Execution of Waterford Mills Parkway Change Order No. 12 with Indiana Department of Transportation

WHEREAS while going through the final records INDOT noticed that two line items exceeding the balancing limit for the Waterford Mills Parkway; WHEREAS Change Order No. 12 is a request for an increase to the contract amount by $11,698.40 and a copy of Change Order No. 12 is attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the terms and conditions of Change Order No. 12 with INDOT and the City of Goshen that is attached to and made a part of this Resolution and Community Development Director Mark Brinson is authorized to execute Change Order No. 12 on behalf of the City of Goshen and the Goshen Redevelopment Commission. PASSED and ADOPTED on August 14, 2018. GOSHEN REDEVELOPMENT COMMISSION



F:\Redevelopment\1-2018 Meetings\(2018) 8-14\2018.08.07_Redevelopment Memo-CO 12.Doc

Memorandum

To: Redevelopment Commission From: Leslie Biek, PE, Civil Traffic Engineer

RE: WATERFORD MILLS PARKWAY – CHANGE ORDER NO. 12 (Jn: 2008-0078) Date: August 8, 2018 Please find attached Change Order No. 12 and Final for the Waterford Mills Overpass project. While going through the final records, INDOT noticed that two line items exceeded the balancing limit. This change order request is for an increase to the contract amount by $11,698.40. It is recommended the Redevelopment Commission approve Change Order #12 and Final for the Waterford Mills Parkway Overpass project (PN 2008-0078) for an increase to the contract price by $11,698.40 bringing the final contract price to $5,162,503.41. Thank you for your consideration of this request.

Contract No:R -34132 Change Order No.: 012

INDIANA Department of Transportation Page: 1

Construction Change Order and Time Extension Summary

Contract Information Contract No.: R -34132 Letting Date:02/03/2016

District:FT. WAYNE DISTRICT AE:Koch, Michael PE/S:Thurston, Kristine Status:Pending

Change Order Information Change Order No.: 012 EWA: N or Force Acct: N

Date Generated: 06/11/2018 Date Approved: 00/00/0000

Reason Code: CHANGED COND, Quantity Related

Description: Over Under Quantity Adjustments

Original Contract Amount $ 5,179,821.96

Current Change Order Amount $ 11,698.40 Percent: 0.226 %

Total Previous Approved Changes $ -29,016.95 Percent: -0.560 %

Total Change To-Date $ -17,318.55 Percent: -0.334 %

Modified Contract Amount $ 5,162,503.41

Time Extension Information

Date Initiated 00/00/0000 Date Completed 00/00/0000

Original Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0

SP Date 00/00/0000 or SP Days

(SS = Standard Specification, SP = Special Provision)

Time Element Description:

Current Time Extension SS Days 0 SP Days 0 SP Days Value $ 0.00

Previous Time Approved SS Days by AE:______ DCE:______ SCE:______ DDCM:______

SS Days____________ SP Days Value $ _______________

Revised Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0

SS Date 00/00/0000 or SP Days 0

Contract No:R -34132 Change Order No.: 012

INDIANA Department of Transportation Page: 2

Construction Change Order and Time Extension Summary

Review and Approval Information

Required Approval Authority AE:________ DCE:________ SCE:________* DDCM:_______*

($ per Change Order) (- LE $ 250K-) (- LE $ 750K - ) ( -- LE $ 2 M -- ) ( -- GT $ 2 M -- )

(Days per Contract) ( 50 SS days ) ( 100 SS days ) ( 200 SS Days ) ( GT 200 SS days)

Verbal Approval Required? Y / N If Y, by_____________ Date Issued___________

Total Change To-Date>5%? Y / N If Y , Copy to Program Budget Manager_________________

Scope/Design RecommendationRequired?

Y / N If Y, Referred to Project Manager(PM) __________________

Date to PM__________ Date Returned___________

Approval Authority Concurs with PM? Y / N If Y, Concurrence by_______________ Date___________

If N,Resolution: Approved __________ Disapproved ___________

Resolved by_________________________ Date__________

LPA Signatures Required? Y / N If Y, Date to LPA _____________ Date Returned _________

FHWA Signatures Required? Y / N If Y, Date to FHWA____________ Date Returned_________

* Field Engineer Recommendation (Required for SCE or DDCM Approval)

Field Engineer _________________________ Date _____________

Comments: ____________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

______________________________________________________________________

Contract No:R -34132 INDIANA Date:07/24/2018

Change Order No:012 Department of Transportation Page: 3

Contract: R -34132

Project: 1005734 - State:1005734

Change Order Nbr: 012

Change Order Description: Over Under Quantity Adjustments

Reason Code: CHANGED COND, Quantity Related

CLN PCN PLN Item Code Unit Unit Price CO Qty Comment Amount Change

0023 1005734 0022 205-06934 TON 728.000 -29.000 C Amount:$ -21,112.00

Item Description: TEMPORARY MULCH

Supplemental Description1:


0045 1005734 0043 401-07399 TON 62.000 529.200 C Amount:$ 32,810.40

Item Description: QC/QA-HMA, 4, 70, INTERMEDIATE, 19.0 mm



Total Value for Change Order 012 = $ 11,698.40

Whereas, the Standard Specifications for this contract provides for such work to be performed, the following change is recommended.

General or Standard Change Order Explanation

This is an over/under change order for balancing the existing pay items with a +/- $20,000. PLN 0022 was an underrun item due to the change inthe project phasing and the placement of the permanent seeding/mulch when phases were completed eliminating the need for the temporarymulch placement. PLN 0043 was an over run due to the material was not calculated in the pay quantity for the paved shoulder areas that werecalled out in the plans. This change order has no impact on the completion date for the contract.

Change Order Explanation for Specific Line Item

****************************************************************************************************************************

It is the intent of the parties that this change order is full and complete compensation for the work describe above.

Notification and consent to this change order is hereby acknowledged.

Contractor:____________________________________________ Signed By:_____________________________________________

Date:__________________________________________________

***************************************************************************************************************************

NOTE: Other required State and FHWA signatures will be obtained electronically through the SiteManager system.

Phend & Brown, Inc

7-25-18Andrew J. Brown

Contract No:R -34132 INDIANA Date:07/24/2018

Change Order No:012 Department of Transportation Page: 4

****************************************************************************************************************************

APPROVED FOR LOCAL PUBLIC AGENCY

__________________________ __________________________ __________________________

(SIGNATURE) (TITLE) (DATE)

__________________________ __________________________ __________________________

(SIGNATURE) (TITLE) (DATE)

****************************************************************************************************************************

SUBMITTED FOR CONSIDERATION

PE/S _________________________

****************************************************************************************************************************

APPROVED FOR INDIANA DEPARTMENT OF TRANSPORTATION

Approval Level Name of Approver Date Status

Project Engineer/Supervisor Thurston, Kristine 00/00/0000 Action Pending

RESOLUTION 55-2018

Approve and Authorize Execution of Agreement with Barak Group, LLC for the Development of Stormwater Facilities

BE IT RESOLVED that the Goshen Redevelopment Commission approves the terms and conditions of the Agreement with the Barak Group, LLC for the Development of Stormwater Facilites attached to and made a part of this Resolution.

BE IT FURTHER RESOLVED that Mark Brinson, Community Development Director is authorized to execute the Agreement with the Barak Group, LLC, on behalf of the City of Goshen and Goshen Redevelopment Commission.

PASSED and ADOPTED on August 14, 2018. Thomas W. Stump, President Brett Weddell, Secretary

8/10/2018

AGREEMENT FOR THE DEVELOPMENT OF STORMWATER FACILITIES

THIS AGREEMENT, is made and entered into this _____ day of August, 2018, by and between City of Goshen, Indiana, a municipal corporation and political subdivision of the State of Indiana acting through the Goshen Redevelopment Commission and the Goshen Board of Public Works and Safety, hereinafter referred to as “City,” and Barak Group, LLC, an Indiana limited liability company, hereinafter referred to as “Barak.” WHEREAS Barak owns approximately twenty-four (24) acres, which is generally located south of Plymouth Avenue (State Road 119) and east of County Road 19, hereinafter referred to as the Barak real estate. WHEREAS the Barak real estate is covered by an Agreement in Lieu of Annexation dated September 10, 2007 recorded in the Office of the Elkhart County Recorder as Instrument Number 2007-25705. WHEREAS Barak will design and construct stormwater detention facilities on their real estate which will detain two hundred fifty-one thousand (251,000) cubic feet of stormwater originating outside the Barak real estate. WHEREAS Barak will also design and construct stormwater detention facilities on their real estate to detain stormwater originating on Barak real estate equal to stormwater produced by a 100 year 12 hour storm. WHEREAS other elements of the stormwater plan include modification of existing stormwater retention/detention facilities located outside of the Barak real estate, which are within the Plymouth Avenue Economic Development Area. WHEREAS City will provide Plymouth Avenue TIF funds to improve the stormwater detention within or benefitting the Plymouth Avenue Economic Development Area as described in this agreement. The proposed improvements will reduce water retention/detention issues within the Barak real estate as well as within Plymouth Avenue Economic Development Area. NOW THEREFORE in consideration of the mutual promises, terms and conditions to be kept and performed by City and Barak, the parties agree as follows:

REAL ESTATE 1. The Barak real estate is approximately twenty-four (24) acres, generally located south of

Plymouth Avenue (State Road 119) and east of County Road 19. 2. The legal description of the Barak real estate is as follows:

A part of the southwest quarter of section 17, township 36 north, range 6 east, Elkhart township, Elkhart county, Indiana, being more particularly described as follows: Commencing at a county monument marking the southwest corner of the southwest quarter of said section 17; thence on an assumed bearing of north 00 degrees 00 minutes 51 seconds east along the west line of the southwest quarter of said section 17 and the

8/10/2018

centerline of county road number 19. A distance of 1072.49 feet to a mag nail marking the point of beginning of this description; thence continuing north 00 degrees 00 minutes 51 seconds east along the west line of the southwest quarter of said section 17 and the centerline of county road number 19, a distance of 292.55 feet to the southwest corner of the plat of hay's farm subdivision, a subdivision in Elkhart township, said plat being recorded in the office of the recorder of Elkhart county in plat book 16, page 8; thence south 89 degrees 09 minutes 09 seconds east along the south line of lot number one (1) as said lot is known and designated on the plat of said ha y's farm subdivision and the extension thereof, a distance of 225.00 feet to the southeast corner of said lot number one (1); thence north 00 degrees 00 minutes 51 seconds east along east line of lot number one (1) through lot number seven (7), inclusive, as the said lots are known and designated on the plat of said hay's farm subdivision, a distance of 773.40 feet to a rebar marking the southwest corner of a parcel of land conveyed to Larry W. Shirk and Esther Mae Shirk as described and recorded in the office of the recorder of Elkhart County in instrument number 98 021249; thence south 89 degrees 06 minutes 27 seconds east along the south line of said shirk parcel, a distance of 628.57 feet to a rebar marking the southeast corner of said shirk parcel; thence south 00 degrees 13 minutes 00 seconds west along the west line of a parcel of land conveyed to DJ Construction Co., Inc. as described and recorded in the office of the recorder of Elkhart County in instrument number 2006 32973; thence south 00 degrees 13 minutes 00 seconds west along the west line of said DJ Construction Co., Inc. Parcel, a distance of 288.46 feet to a rebar marking the southwest corner of said DJ Construction Co., Inc. Parcel; thence south 89 degrees 06 minutes 27 seconds east along the south line of said DJ Construction Co., Inc. Parcel, a distance of 458.18 feet to a rebar on the west line of the plat of the Villas of Park Meadows at Clover Trails, section 2, a subdivision in Elkhart township, said plat being recorded in the office of the recorder of Elkhart County in plat book 31, page 35; thence south 00 degrees 27 minutes 00 seconds west along the west line of the plat of said the Villas of Park Meadows at Clover Trails, section 2, a distance of 757.68 feet to a rebar; thence north 89 degrees 56 minutes 53 seconds west, a distance of 1304.81 feet to the point of beginning of this description containing 24.700 of an acre, more or less, being subject to all easements, restrictions and public rights of way of record.

The Plymouth Avenue Economic Development Area consists of eight (8) acres of real estate in Elkhart Township generally located south of Plymouth Avenue, east of County Road 19 (Greene Road), west of Indiana Avenue, and north of County Road 36, being more particularly described and depicted as follows:

A part of the Southwest Quarter (SW ¼) of Section Seventeen (17), Township Thirty-six (36) North, Range Six (6) East, Elkhart County, Indiana, more particularly described as follows:

Commencing at the northwest corner of said Quarter Section, thence South 89 degrees 06 minutes 44 seconds East, along the north line of said Southwest Quarter and the center of State Road 119, a distance of 855.37 feet, to the northeast corner of a parcel of land conveyed to Larry W. and Esther Mae Shirk as described and recorded in the office of the Recorder of Elkhart County in Instrument Number 98 021249; thence South 00 degrees 13 minutes 16 seconds West along the east line of said Shirk property, a distance of 40.00 feet to the point of beginning of this description; thence South 89 degrees 06 minutes 44 seconds East (parallel to the north line of the Southwest Quarter of said Section 17), a distance of 461.06 feet (said point being offset 40.00 feet from the north line of the Southwest Quarter of said Section 17 and 40.00 feet from the northwest corner of a parcel of land conveyed to Steven M. Hay as described and recorded in the office of the Recorder of Elkhart County in Instrument Number 98 005069); thence South 00

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degrees 27 minutes 00 seconds West along the west line of said Hay parcel, a distance of 758.34 feet; thence North 89 degrees 06 minutes 11 seconds West, a distance of 458.03 feet; thence North 00 degrees 13 minutes 16 seconds East, a distance of 288.46 feet to the southeast corner of said Shirk property; thence continuing along the same bearing North 00 degrees 13 minutes 16 seconds East along the east line of said Shirk property, a distance of 469.84 feet to the point of beginning of this description containing 8.00 acres, more or less.

STORMWATER DETENTION FACILITIES/EXTENSION OF LIGHTHOUSE LANE

Barak agrees to design a stormwater retention/detention plan for the Barak real estate, which also impacts real estate owned by Pilgrim Partners (Pilgrim real estate). The stormwater plan must be approved by the Goshen Engineering Department and the Goshen Stormwater Board before bid documents can be distributed to seek bids for construction.

Conceptual Stormwater Detention Plan 1. City owns an existing stormwater facility located on the south side of State Road 119 and east of

Lighthouse Lane. In addition, City agrees to acquire a stormwater facility owned by Pilgrim Partners, LLC (Pilgrim) on the south side of State Road 119 east of the stormwater facility that City currently owns.

2. Barak agrees to design and construct stormwater facilities on Barak’s real estate, Pilgrim real estate, and City real estate that will accomplish the following: a. Detain stormwater originating on the Barak real estate generated by a 100 year 12 hour storm. b. Detain an additional two hundred fifty-one thousand (251,000) cubic feet of stormwater

originating outside the Barak real estate on the Barak real estate. c. Construct a transport pipe along the east property line of Barak and Pilgrim real estate to

connect to the two detention areas on the south side of State Road 119. d. Connect the two State Road 119 detention areas and improve the detention areas so the

detention areas can detain eighty-six thousand (86,000) cubic feet of stormwater. e. The stormwater facilities will be designed so they do not release water at a rate more than the

pre-development rate for a 10 year 1 hour storm. f. Construct an emergency stormwater release beneath State Road 119 to the north side of State

Road 119. Barak agrees to prepare all documents and pay for all permits necessary to construct the emergency stormwater release beneath State Road 119 including all permits that are needed from the Indiana Department of Transportation. The City agrees to provide support to Barak throughout the permit application process including attending meetings and providing letters of support.

g. Extend Lighthouse Lane from its current location on Pilgrim real estate to Lighthouse Lane located on Barak’s real estate.

Funding

1. The City of Goshen’s Redevelopment Commission has established a Tax Increment Financing

District known as the Plymouth Avenue TIF District (TIF District). The TIF District currently has approximately Four Hundred Ten Thousand Dollars ($410,000) and will add an additional Ninety Thousand Dollars ($90,000) before the TIF District expires on December 31, 2019.The City expects to receive the additional TIF dollars in approximately thirty thousand dollar ($30,000.00) increments

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on or before January 31, 20019, July 31, 2019 and January 31, 2020 and will provide the additional funds to Barak within thirty days of receipt.

2. The City agrees to commit the existing TIF District revenues and the additional Ninety Thousand

Dollars ($90,000) that Redevelopment will collect before the Economic Development Area expires on December 31, 2019 to fund eligible stormwater facilities described in this agreement. However, Redevelopment will retain Ten Thousand Dollars ($10,000) in reserve for the TIF District’s operating expenses. If the operating expense funds have not been spent by December 31, 2019, the unused operating expenses will also be used to refund any unreimbursed expenses incurred by Board for eligible stormwater facilities project.

3. The City agrees to commit the remaining TIF District revenues to fund the following projects. These

are eligible stormwater facilities projects.

a. The design of the stormwater plan; b. The design, permitting costs and construction of the piping under State Road 119 to permit

drainage of the State Road 119 detention ponds on an emergency basis; c. The connection and improvement of the Pilgrim Partners and City owned stormwater facilities on

the south side of State Road 119; d. The installation of a pipe from the Barak real estate to Pilgrim Partners and City stormwater

facilities and the installation of a release pipe along the east side of the Barak real estate; e. The construction of a stormwater storage facility in the southeast corner of The Crossing

Subdivision; f. The construction of or an extension of Lighthouse Lane from its present location on Pilgrim real

estate to the north edge of Barak’s real estate.

4. In the event that the cost of the above described eligible stormwater facilities projects exceeds the Four Hundred Ten Thousand Dollars ($410,000) that City currently has available for the project and the additional Ninety Thousand Dollars ($90,000) City will receive before the economic development area terminates on December 31, 2019, Barak will be responsible for the remaining cost of the eligible stormwater facilities projects costs without reimbursement. All non-eligible parts of the stormwater project will be paid by Barak without reimbursement from the City.

5. After City has spent the Four Hundred Ten Thousand Dollars ($410,000) it currently has, Barak will

be responsible to initially pay for eligible stormwater facilities projects costs until City receives the remaining TIF District payments. City will make payments to Barak as City receives the remaining TIF District payments from Elkhart County until the costs for all eligible projects costs have been paid or all TIF District revenue has been paid to Barak.

6. If all of City’s remaining TIF revenues have not been used for the planning and construction of

eligible stormwater facilities projects, listed in paragraph 3 above , the remaining TIF District revenues will be used for the two following purposes which will then be considered eligible stormwater facilities projects for the purposes of this agreement:

a. A five-foot (5’) sidewalk on the east side of Lighthouse Lane for the full length of the real

estate donated by Pilgrim Partners, LLC to City.

b. Payment of One Hundred Thousand Dollars ($100,000) for four (4) lots in the southeast corner of The Crossing Subdivision to be used for the construction of the stormwater storage facility.

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Any remaining TIF District revenues will first be used for item a. After payment of the expenses for item a., any remaining TIF District revenues will be used for item b. 7. Once all TIF Districts’ existing funds and future revenues have been used either for the operating

expenses up to a Ten Thousand Dollar ($10,000) maximum or for the payment or the reimbursement for eligible stormwater facilities projects costs including the Lighthouse Lane extension, the City will not pay any additional amounts for eligible stormwater facilities projects nor will the City reimburse Barak for any additional expenses incurred by Barak for other stormwater projects.

CONDITIONS PRECEDENT The parties’ obligations described in this Agreement are conditioned upon City being able to negotiate and execute an agreement with Pilgrim Partners, LLC to obtain their stormwater detention facilities south of State Road 119 (as shown on the map attached as Exhibit A).

CROSSING CONSTRUCTION AND SALE OF LOTS

Upon the approval and execution of this Agreement and receipt of a commitment from Pilgrim Partners, LLC to permit Redevelopment to acquire Pilgrim Partner’s stormwater retention/detention facilities, City will issue building permits to Barak when requested for Barak real estate lots that have received secondary approval provided the building permit applications meet all non stormwater requirements for issuance and Barak is in compliance with the terms of this Agreement. If Barak is not in compliance with this Agreement, or Barak has not met all other zoning requirements, City will cease issuing building permits until full compliance with the terms of this Agreement and/or zoning clearance requirements have been met.

TIF REIMBURSEMENT AGREEMENT 1. In order for City to pay for or reimburse any project costs to Barak, City must bid the

construction of the eligible stormwater facilities projects. City agrees to have the bid documents prepared as soon as the plans have been finalized.

2. Any of the stormwater facilities projects that City bids and constructs and which are listed as an

eligible stormwater facility project will be paid from the existing TIF District revenues. If the existing TIF District funds are insufficient to pay all such costs (reserving Ten Thousand Dollars ($10,000.00) for TIF District operating expenses), Barak will fund the additional costs for the eligible stormwater facilities projects subject to reimbursement solely from City’s TIF District revenues generated after completion of the eligible stormwater facilities projects, but on or before December 31, 2019.

3. Within seven (7) days of City’s opening of the construction bids for the stormwater facilities

projects, Barak may terminate this Agreement by delivering a written notice of termination to City if the bid cost of construction exceeds the engineering estimate of the price of construction.

4. Once the costs incurred by Barak to fund the eligible stormwater facilities projects have been

fully repaid by City to Barak, or City has paid to Barak all TIF District funds, no further amounts will be reimbursed. No interest will be paid to Barak.

5. The TIF District expires on December 31, 2019. City will pay any remaining TIF District

revenues and any unused operating balances remaining on December 31, 2019 to Barak if Barak has not been fully reimbursed for eligible stormwater facilities projects.

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6. Once the TIF District expires and all TIF District revenues have been paid to Barak, no further payment will be made to Barak for any unreimbursed costs.

MISCELLANEOUS

1. If it becomes necessary for any party to this agreement to institute litigation in order to enforce or

construe the terms and provisions of this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such litigation from the non-prevailing party.

2. No remedy conferred upon any party in this agreement is intended to be exclusive of any other

remedy provided or permitted by law, but each remedy shall be cumulative and shall be in additional to any other remedy given under the terms of this agreement or existing at law or equity. Every power or remedy provided in this agreement may be exercised concurrently or independently and as often as deemed appropriate.

3. This agreement shall be construed and enforced in accordance with the laws of the State of

Indiana. The venue for any action brought by any party relating to or arising out this this agreement shall be in Elkhart County, State of Indiana.

4. This agreement contains the entire agreement between the parties respecting the matters set forth. 5. Any provision of the Agreement in Lieu of Annexation Agreement dated September 10, 2007 not

specifically in conflict with the terms of this Agreement shall remain in full force and effect. Barak explicitly waives any right to terminate the September 10, 2007 Annexation Agreement until December 31, 2019.

IN WITNESS WHEREOF, the parties have set their hands to this Agreement on the dates set forth below. City of Goshen, Indiana Barak Group, LLC By: By: Jeremy P. Stutsman, Mayor Printed: Date: Title: Date:

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STATE OF INDIANA ) ) SS: COUNTY OF ELKHART ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared Jeremy P. Stutsman, Mayor of the City of Goshen, Indiana, and acknowledged the execution of the foregoing instrument this ____ day of _________________, 2018. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. My Commission Expires: Notary Public Printed: Resident of Elkhart County, Indiana STATE OF INDIANA ) ) SS: COUNTY OF ELKHART ) Before me the undersigned, a Notary Public in and for said County and State, personally appeared ___________________________, the ___________________ of Barak Group, LLC, and acknowledged the execution of the foregoing instrument this ____ day of _________________, 2018. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my official seal. My Commission Expires: Notary Public Printed: Resident of ________________ County, Indiana This instrument was prepared by Larry A. Barkes, Goshen City Attorney, Attorney No. 3568-20, City of Goshen Legal Department, 204 East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 533-9536. I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law (Larry A. Barkes).

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EXHIBIT A

RESOLUTION 56-2018

Award Bid and Authorize Negotiation and Execution of Agreement for County Road 40 Sewer Project

WHEREAS sealed bids were solicited for the County Road 40 Sewer Project. WHEREAS the bids for the Project are due on August 13, 2018 before 12:00 p.m.. WHEREAS the Engineering Department has reviewed the bids submitted and recommend that the bid for the Project be awarded to __________________as the lowest responsible and responsive bidder. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that: 1. The bid for the Project is awarded to _______________ as the lowest responsible and responsive

bidder.

2. Community Development Director Mark Brinson is authorized to negotiate and execute a agreement on behalf of the City of Goshen and Goshen Redevelopment Commission with ________________ for the Project that is consistent with their bid.

3. The execution of the agreement shall be presented to the Redevelopment Commission for ratification.

PASSED and ADOPTED on August 14, 2018.

Thomas W. Stump, President Brett Weddell, Secretary

RESOLUTION 57-2018

Approve and Authorize Execution of Supplemental Agreement #2 With DLZ for Kercher Road Phase II Reconstruction

WHEREAS the City entered into an agreement with DLZ on May 2, 2016, for the reconstruction of Kercher Road Phase II; WHEREAS there was a decrease in translator services and an additional appraisal review for the Synergy property. This is a net zero change. A copy of Supplemental Agreement #2 is attached to and made a part of this Resolution. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the terms and conditions of Supplemental Agreement #2 between DLZ and the City of Goshen that is attached to and made a part of this Resolution and Community Development Director Mark Brinson is authorized to execute Supplemental Agreement #2 on behalf of the City of Goshen and the Goshen Redevelopment Commission. PASSED and ADOPTED on August 14, 2018. GOSHEN REDEVELOPMENT COMMISSION



F:\Redevelopment\1-2018 Meetings\(2018) 8-14\2018.08.08-RC Memo- Supplemental Agreement No 2.doc

MEMORANDUM

TO: Redevelopment Commission FROM: Leslie Biek, PE RE: AUGUST 8, 2018 DATE: Amendment 2 to Kercher Ph 2 Design Agreement (PN: 2004-0021) Attached is Supplemental Agreement #2 for the design of the Kercher Road Ph 2 project with DLZ. This is a no cost change order to decrease translator services and add appraisal review for the Synergy property. This net zero change will allow the consultant to do some of the work needed for the appraisal services needed at Synergy under the design contract once the environmental document modification has been approved. As you recall, we originally had to modify the design to not impact the farm house at 2216 E Kercher. Synergy has since bought and cleared the property and we are currently awaiting approval of the environmental document to change this restriction As a result, we have not been able to purchase the additional right-of-way needed for the center turn lane and 10 foot bike path. Once we are given the go ahead, time will be critical to be able to get the right-of-way cleared in time for the projects letting next spring and moving Appraisal Review for the property to design will allow the consultant to do this work concurrent with other tasks. It is requested the Redevelopment Commission approve Supplemental Agreement #2 for Kercher Phase 2 (PN: 2004-0021) for a zero sum change to the contract price. Thank you for your consideration of this request.

RESOLUTION 58-2018

Ratify Agreement with American Structurepoint for Professional Architectural/Engineering Services for the Ice Rink/Multi-Use Pavilion Project

WHEREAS a bid was accepted and the project was awarded to American Structurepoint for

Architectural/Engineering Services for the Ice Rink/Multi-Use Pavilion Project on June 12, 2018.

WHEREAS an Agreement was executed by Mark Brinson, Community Development Director and American Structurepoint on August 10, 2018.

BE IT FURTHER RESOLVED that the Goshen Redevelopment Commission ratifies the execution

of the agreement by Mark Brinson, Community Development Director on behalf of the City of Goshen and Goshen Redevelopment Commission and agreements terms and conditions.

PASSED and ADOPTED on August 14, 2018 Thomas W. Stump, President Brett Weddell, Secretary

AGREEMENT

Professional Architectural/Engineering Services for the Ice Rink/Multi-Use Pavilion Project

THIS AGREEMENT is entered into on this __ day of August, 2018, between American Structurepoint, Inc., hereinafter referred to as "Consultant", and the City of Goshen by its Redevelopment Commission, hereinafter referred to as "City".

WHEREAS, the City conducted a study in October 2017 to evaluate the feasibility of a cityoperated ice rink/multi-use pavilion and results indicated that it would be a viable project on the west side of the Millrace Canal.

WHEREAS, a Request for Proposals was issued with a detailed scope of work defined to design the desired facility, beginning with public input opportunities, and to prepare construction documents to allow for the facility to go out for bid.

WHEREAS, a committee was established to review and score the six ( 6) proposals received, to conduct interviews and to make a recommendation to the Redevelopment Commission regarding the top ranking proposal and the Consultant was selected.

WHEREAS, the City desires to contract with Consultant, and Consultant agrees to provide design and engineering services necessary to prepare the ice rink/multi-use pavilion for construction for an amount not to exceed Three Hundred Seventy-Seven Thousand Eight Hundred Dollars ($377,800.00) with a completion deadline of February 15, 2019.

NOW THEREFORE, in consideration of the terms, conditions and mutual covenants contained in this Agreement, the parties agree as follows:

SCOPE OF SERVICES

Consultant's services under this Agreement are organized into two (2) Stages and various Phases and shall include the following:

STAGE I - PRELIMINARY/SCHEMATIC DESIGN

Development of conceptual documents to include building plan, site plan, landscape plan, building elevations and perspective character views, systems narratives for structural, Mechanical/Electrical/Plumbing (MEP) and ice design, and construction cost estimates. Public and stakeholder input will be a key piece of Stage I activities.

STAGE II - DETAILED DESIGN

Phase A - Design Development Development of documents to include building plans with structural grid, primary framing elements, primary MEP systems plans, ice system, landscape plans with primary planting options. Outline specifications of the major systems will be presented at this time, and an updated construction cost estimate.

Phase B - Construction Documents Development of final documents including floor plans, elevations, building/wall sections, MEP and structural plans, and detailed civil and landscape architecture plans. Full CSI format specifications will be provided for all project systems/elements, as well as the final, updated construction cost estimate.

Phase C - Bidding Assistance to the City in preparing the documentation necessary to produce bid documents and specifications, attendance at a pre-bid meeting, assistance in responding to bidders' questions and evaluation of bids received.

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The tasks are more particularly described as follows:

STAGE I: PRELIMINARY/SCHEMATIC DESIGN

The Preliminary Design Stage shall include: Schematic Design and Cost Estimation services as necessary to establish the Project Scope and Cost.

SCHEMATIC DESIGN:

Objective: The Schematic Design shall establish and address the requirements, goals and the constraints for this project. One of the objectives for this Phase is to ensure that possible viable options for design solutions have been explored, reviewed, and analyzed. In addition the Schematic Design Phase is to provide a general view of the project components and the scale of the project including spatial relationships, character, and layout to further establish the project scope within the requirements and budget of the Project.

Deliverables: The Schematic Design shall address requirements of the Project and shall include, but not be limited to, the following deliverables, related services and activities:

• Project Kick-Off Workshop: In collaboration with City Staff, the Consultant shall host a Project Kickoff Workshop to establish project Goals and Aspirations with the key project stakeholders.

• Review of Site Opportunities and Constraints Assessment: Consultant will review the nine (9) documents referenced in this agreement and available for the proposed project site and, in collaboration with City Staff, confirm goals and priorities for this Project's Scope of Work. This will include identifying possible items to be addressed as bid alternates.

• Code Reviews: Zoning and Building Code Reviews for compliance.

• Documentation of precedents and supporting materials to suggest different methods of approaching the design while meeting project requirements.

• Documentation of comparative analysis of options for different means of accomplishing the goals and objectives for the facility and recommendation for most viable and appropriate design approach and solution.

• Preliminary product selections with technical data and/or sketches illustrating proposed design concept(s).

• Staff/User Meetings: Two (2) Staff/User Meetings are anticipated for this Phase.

• A topographic survey of the site will be provided. Reference Consultant's Proposal for description of services.

• Schematic drawings illustrating and describing the architectural and engineering components of the Project.

• Schematic Plan Drawings illustrating major components of the Project including the size, scale, location, dimensions, and character of physical systems and equipment including any potential additional structure(s ).

• Schematic Elevations and Section Drawings which illustrate the spatial relationships, construction, materials and character of the Project.

• Written description of all materials, components, and systems to be incorporated into the Project.

• Any other documents or items required to illustrate the Schematic Design and the conformity of same with the requirements of the Project.

• Schematic Design Cost Estimate in CSI format, based on costs for comparable work in this area.

• Schematic Design Package and Cost Estimate in CSI format, for the Scope of Work determined as appropriate given project priorities and available funding.

The City will make available to the Consultant any readily available existing conditions data, drawings and related information it has for the project.

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Consultant will be responsible for obtaining topographic survey and geotechnical information necessary for the full and proper execution of this work. The cost for these Consultants shall be borne by the Consultant and is included as an Allowance.

The Consultant shall present the Schematic Design deliverables to the City and shall incorporate any changes ordered by the City in regard to the Schematic Design or the requirements of the Project.

The Consultant team shall participate in bi-weekly telephone conference call meetings. The Consultant team shall attend up to two meetings in person as determined as necessary by the City.

Based on the City's written approval of the Schematic Design Documents, and on the City's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Consultant shall prepare Design Development Documents for the City's approval.

The Schematic Design Documents, including the Cost Estimate, as approved, shall be control documents for the preparation of the Design Development Documents and Outline Specifications.

STAGE II: DETAILED DESIGN

The Detailed Design Stage shall include: Phase A - Design Development, Phase B - Construction Documents, Phase C - Bidding and Cost Estimation services as necessary for the execution of the Construction Sequence Scope of Work.

PHASE A - DESIGN DEVELOPMENT:

Objective: The primary objective of the Design Development Phase is to further define the design required for the project in preparation for proceeding into production of Construction Documents.

Deliverables: Based upon the City's approval of the Stage I Schematic Design Package, including the Schematic Cost Estimate, and on the City's authorization of any adjustments in the Project requirements and the budget for the cost of the work, the Consultant shall prepare Design Development Documents for the City's approval. The Design Development Documents shall illustrate and describe the development of the approved Schematic Design Documents with approved modifications and shall include, but not be limited to, the following deliverables and related services and activities:

• Civil: Site Layout Plan, Site Grading Plan, Site Utility Plan, Erosion Control Plan, Landscaping Plan, and Drainage Plan.

• Architectural: Site Plan, Dimensioned Floor Plans indicating sizes and construction of all components, Roof Plan, Furnishing and Equipment Plan, Enlarged Plans and Sections, Room finish Plans/Schedule, Building Sections, Door and Window Schedules, Preliminary Wall Sections and Building Details, and Reflected Ceiling Plans.

• Mechanical: Heating/Cooling Load Calculations, Equipment Schedules, HV AC Plans indicating main and branch ductwork and Equipment.

• Plumbing: Plumbing Calculations, Fixture Schedules, Plumbing Plans indicating all Supply and Drainage piping and equipment.

• Electrical: Floor Plans locating all equipment and loads, Site Plan with site lighting and fixture types, Lighting Plans with preliminary circuiting, Preliminary Panel Schedules.

• Outline Specification: An outline specification describing in general the type of construction, materials, systems and other pertinent information for alldisciplines.

• Cost Estimation: Design Development Cost Estimate in CSI format, based on costs for comparable work in this area.

During the development of the Design Development Documents, the Consultant shall confer as necessary and as required with City staff and any other officials as the City may direct in order that the intent and requirements of the City in regard to the improvements and their scope are met as nearly as practicable.

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Based on the City's approval of the Design Development Documents, and on the City's written authorization of any adjustments in the Project requirements and the budget for the Cost of the Work, the Consultant shall prepare Construction Documents for the City's approval.

The Design Development Documents, including the Cost Estimate, as approved, shall be control documents for the preparation of the Construction Documents and Specifications.

PHASE B - CONSTRUCTION DOCUMENTS:

Objective: The primary objective of the Construction Documents is to produce the Contract Documents, which shall describe with reasonable specificity the design intent of elements, details, components, materials, and other information necessary for the construction of the Project by an experienced and competent contractor and the rendering of the Project and all its components fully operationally and functionally usable for its intended purpose. The Consultant shall incorporate the design requirements of governmental authorities required to approve Construction Documents and entities providing utility service to the project. The Consultant shall respond to applicable design requirements imposed by those authorities and utilities. The Consultant shall submit permit applications to government authorities having jurisdiction and negotiate with all reasonable due diligence, as a representative of the City, to obtain the necessary permits from authorities having jurisdiction. Environmental testing and permitting shall remain the responsibility of the City.

Deliverables: Based upon the City's approval of the Stage II, Phase A Design Development Package, including the Design Development Cost Estimate, and on the City's authorization of any adjustments in the Project requirements and the budget for the Cost of Work, the Consultant shall prepare for the City's approval Construction Documents, consistent with the approved Design Development Documents, The Construction Documents Phase will include modifications requested in the previous phase and shall address requirements of the Project and will likely include, but not be limited to, the following:

• Title Sheet per City of Goshen Standards, including:

o Code Summary o Location Map o Drawing Index o General N ates

• Civil

o Site Layout Plan o Site Grading Plan o Site Utility Plan o Erosion Control Plan o Landscaping Plan o Drainage Plan

• Architectural:

o Code Review, Life Safety, and Fire Resistance Plans o Fully developed and dimensioned Floor Plans and Enlarged Floor Plans of key building areas as

required. o Elevations, Schedules, and Details. o Finish and Color Schedules. o Reflected Ceiling Plans and Details as required. o Architectural Details. o Finish Plans and Details. o Equipment Plans.

• Structural:

o Concrete Slab and Footing Plans and Details

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• Mechanical:

o Mechanical Equipment and Exterior Louver Schedules o HV AC Floor/Reflected Ceiling Plans indicating all ductwork, equipment, and diffusers/return air

grilles. o Mechanical Piping Plans, Riser Diagrams, and Piping Schematics. o Enlarged Equipment Area/Room Plans. o Mechanical Design Details. o Ductwork and wall penetration details, including dampers and ratedfire stopping assemblies.

• Plumbing:

o Plumbing Fixture Schedules. o Plumbing Floor Plans indicating all plumbing fixtures, domestic water, storm, waste, vent and gas

piping, meters, and equipment, including utility connections. o Plumbing Riser Diagrams. o Plumbing Design Details. o Enlarged Plumbing Equipment Area/Room Plans. o Fire Protection Plans.

• Electrical:

o Lighting Fixture and Control Schedules. o Power Riser Diagrams and Panel Schedules. o Power Plans, including Electrical Service. o Lighting Plans o Telecommunications/Technology/Security Plans. o Enlarged Electrical Equipment Area/Room Plans. o Electrical Details. o Electrical Site Plan and Details.

• Technical Specifications/ProjectManual:

o Detailed Technical Specifications for all disciplines in current Construction Specifications Institute (CSI) MasterFormat.

• Cost Estimation: Cost Estimates in CSI format at the following stages for review:

o 1. Stage I: Preliminary/Schematic Design (30%)

o 2. Stage II, Phase A-Design Development (60%)

o 3. Stage II, Phase B-Construction Documents (90%)

COST OF THE WORK

For purposes of this Agreement, the Cost of the Work shall be the total cost to the City to construct all elements of the Project designed or specified by the Consultant and shall include contractors' general conditions costs, overhead and profit. The Cost of the Work also includes the reasonable value of labor, materials, and equipment, donated to, or otherwise furnished by, the City. The Cost of the Work does not include the compensation of the Consultant; the costs of the land, rights-of-way, financing, or contingencies for changes in the Work; or other costs that are the responsibility of the City.

The City's budget for the Cost of the Work is provided in Initial Information, and shall be adjusted throughout the Project as required. Evaluations of the City's budget for the Cost of the Work, and the preliminary estimate of the Cost of the Work and updated estimates of the Cost of the Work, prepared by the Consultant, represent the Consultant's judgment as a design professional. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials, or equipment; the Contractor's methods of determining bid prices; or competitive bidding, market, or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated

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prices will not vary from the City's budget for the Cost of the Work, or from any estimate of the Cost of the Work, or evaluation, prepared or agreed to by the Consultant.

In preparing estimates of the Cost of Work, the Consultant shall be permitted to include contingencies for design, bidding, and price escalation; to determine what materials, equipment, component systems, and types of construction are to be included in the Contract Documents; to recommend reasonable adjustments in the program and scope of the Project; and to include design alternates as may be necessary to adjust the estimated Cost of the Work to meet the City's budget.

If, through no fault of the Consultant, the Procurement Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the City, the City's budget for the Cost of the Work shall be adjusted to reflect changes in the general level of prices in the applicable construction market.

If at any time the Consultant's estimate of the Cost of the Work exceeds the City's budget for the Cost of the Work, the Consultant shall make appropriate recommendations to the City to adjust the Project's size, quality, or budget for the Cost of the Work, and the City shall cooperate with the Consultant in making such adjustments.

If the City's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services is exceeded by the lowest bona fide bid, the City shall:

1. Give written approval of an increase in the budget for the Cost of the Work;

2. Authorize rebidding or renegotiating of the Project within a reasonable time;

3. Terminate this Agreement upon not less than seven days' written notice to the Consultant for the City's convenience and without cause;

4. In consultation with the Consultant, revise the Project program, scope, or quality as required to reduce the Cost of the Work; or,

5. Implement any other mutually acceptable alternative.

If the City chooses to proceed under No. 4 above, the Consultant shall modify the Construction Documents as necessary to comply with the City's budget for the Cost of the Work at the conclusion of the Construction Documents Phase Services, or the budget as adjusted under No. 1 above. If the City requires the Consultant to modify the Construction Documents because the lowest bona fide bid or negotiated proposal exceeds the City's budget for the Cost of the Work, the City shall compensate the Consultant for the modifications as an Additional Service at rates contained in Exhibit A. In any event, the Consultant's modification of the Construction Documents shall be the limit of the Consultant's responsibility.

Meetings: The Consultant shall participate in biweekly conference call-in meetings, and shall attend in person up to 6 design meetings in Goshen throughout the entire design process as determined as necessary by the City. Visioning session and Public Input Meetings are not included in the 6 meetings.

Submittals: At the conclusion of Stage I-Preliminary/Schematic Design, Stage II, Phase A- Design Development and Stage II, Phase B-Construction Documents the Consultant shall prepare and submit Documents for review, including Cost Estimates, and attend review meetings with the City at each stage review. All drawings and contract documents, and detailed specifications, are to be comprehensive in order to accurately describe the design intent for the development of the project.

Approvals: City staff shall review and approve, where appropriate, the Detailed Design documents, or any portion thereof at the end of Stage I: Preliminary/Schematic Design and Stage II, Phase A- Design Development. The Consultant shall make reasonable corrections, modifications and changes at the end of these stages as agreed upon by City staff and the Consultant to align with the program and budget of the project. Requested corrections, modifications and changes will be incorporated in the following design phase.

Design Review and Permitting: The Consultant shall incorporate the design requirements of governmental authorities required to approve Construction Documents and entities providing utility

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service to the project. The Consultant shall respond to applicable design requirements imposed by those authorities and utilities. The Consultant shall submit permit applications to government authorities having jurisdiction and negotiate with all reasonable due diligence, as a representative of the City, in an effort to obtain the necessary permits from the authorities having jurisdiction. Environmental testing and permitting shall remain the responsibility of the City. All permit application fees will be paid by the City directly to the agencies and the Consultant will not be responsible for paying those fees. The cost of building permits for Construction shall be borne by the Contractor(s) and are not part of this project.

PHASE C - BIDDING:

Objective: The primary objective of the Bidding Phase is to assist the City in soliciting bids from qualified Contractors to allow for the award of a Construction Contract for the execution of the work.

Deliverables: A full master set of reproducible final (100%) Construction Documents and in electronic

format ("~.pdf' AND "~.dwg" AutoCAD® for Drawing files; "~.pdf' AND Microsoft Word® "~.doc" for Specification files) on compact disc and via electronic download shall be provided to the City for use in compilation of the bid package. Files may be compressed in a "~.zip" file format.

Bidding Activities: The Consultant shall assist the City in Bidding activities, including, but not limited to:

• Preparation of bidding documents and forms • Attendance and participation in a Pre-Bid Meeting • Assistance to the City in providing answers to bidder's questions during the bidding period to then be

included in any Addenda issued by the City • Assistance in analyzing received bids if questions arise

Stage II, Phase B-Construction Documents are complete upon commencement of Phase C Bidding and will be invoiced at 100%. Reference "Cost of Work" section for procedure options should the bids exceed the budget.

SUPPLEMENTAL AND ADDITIONAL SERVICES

Supplemental Services

The services listed below are not included in Basic Services but may be required for the Project. The Consultant shall provide the listed Supplemental Services only if specifically designated in the table below as the Consultant's responsibility, and the City shall compensate the Consultant as provided in Exhibit A. Unless otherwise specifically addressed in this Agreement, if neither the City nor the Consultant is designated, the parties agree that the listed Supplemental Service is not being provided for the Project.

Supplemental Services Responsibility (Consultant, City, or not provided)

1 Programming Not Provided

2 Multiple preliminary designs (up to 4) Consultant, included in base service fee

3 Measured drawings Not Provided

4 Existing facilities surveys Not Provided

5 Site evaluation and planning Not Provided, site already selected

6 Building Information Model management Not Provided

responsibilities 7 Development of Building Information

Not Provided Models for post construction use

8 Civil engineering Consultant, included in base service fee

9 Landscape design Consultant, included in base service fee

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Supplemental Services Responsibility (Consultant, City, or not provided)

10 Architectural interior design, limited Consultant, included in base service fee

11 Value analysis Not Provided

12 Detailed cost estimating beyond that Consultant, included in base service fee

required in Section 6.3

13 On-site project representation Not Provided

14 Conformed documents for construction Consultant, included in base service fee

15 As-designed record drawings Not Provided

16 As-constructed record drawings Not Provided

17 Post-occupancy evaluation Not Provided

18 Facility support services Not Provided

19 Tenant-related services Not Provided

20 Consultant's coordination of the City's Not Provided

consultants

21 Telecommunications/ data design City

22 Security evaluation and planning Not Provided

23 Commissioning Not Provided

24 Sustainable Project Services pursuant to Not Provided

Section 4.1.3

25 Fast-track design services Not Provided

26 Multiple bid packages Not Provided

27 Historic preservation Not Provided

28 Furniture, furnishings, and equipment design Consultant, included in base service fee

29 Geotechnical Engineer Consultant

30 Survey (topographic) Consultant

31 Environmental Investigation and/or Testing City

32 Construction Phase Services Not Provided

Description of Supplemental Services

A description of each Supplemental Service identified in the Table above as the Consultant's responsibility is provided below.·

Survey

A. Establish horizontal control

B. Establish vertical control

a. Set temporary benchmarks on site to be used during construction

C. Select topographic survey (50-foot grid) and 25-foot overlap topographic survey (±6 acres)

a. Show spot elevations to the nearest 0.01 foot

b. Provide the location, size and elevation of all improvements within the survey limits

c. Plot the location of storm drainage structures, sanitary structures, roads, driveways,

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edges of curbs, parking areas, walks, water's edge of canal, drainage ways, fencing, etc.

d. Provide the location and size of individual trees outside of wooded areas larger than 6" DBH within the survey limits

e. Plot the location of the drip line of all groups of tree and vegetation where locating individual trees is not feasible

f. Measure finish floor elevation at each entrance and exit of existing building( s) within the survey limits

D. Provide location, size, depth, material and direction of flow for sanitary and storm sewers serving or on the site

E. Locate aboveground evidence of utilities on site, plus marks made on the ground by local utility companies (One Call). One Call will only locate utilities within the public right-of-way or within recorded easements

F. CAD Drafting and creation of a TIN and contours (1-foot contour interval)

G. Land Surveyor review and deed/parcel plot based on limited research obtained from County Recorder's Office and information provided

a. Property lines of adjoining parcels and right-of-way lines adjoining roads will be plotted on the Survey

Geotechnical Engineering

A. Obtain information regarding the subsurface soil and groundwater conditions encountered at the boring locations.

B. Determine selected engineering characteristics/properties of the subsurface materials encountered during the exploration.

C. Provide geotechnical engineering recommendations regarding the foundation design, pavement subgrade and other earth-related activities to the project based on the field and laboratory tests.

A description of each Supplemental Service identified in the above table as the City's responsibility is provided below.

21. Telecommunication/Data Design: City to provide or hire consultant/vendor to provide detailed telecommunication design and coordinate with design team. Design team will locate rough-ins only for data and telecommunications as part of basic services. Rough-in locations to be provided by City's consultant/vendor.

Consultant's Additional Services

The Consultant may provide Additional Services after execution of this Agreement without invalidating the Agreement. Except for services required due to the fault of the Consultant, any Additional Services provided in accordance with the above table shall entitle the Consultant to compensation and an appropriate adjustment in the Consultant's schedule.

Upon recognizing the need to perform the following Additional Services, the Consultant shall notify the City with reasonable promptness and explain the facts and circumstances giving rise to the need. The Consultant shall not proceed to provide the following Additional Services until the Consultant receives the City's written authorization:

1. Services necessitated by a change in the Initial Information, previous instructions or approvals given by the City, or a material change in the Project including size, quality, complexity, the City's schedule or budget for Cost of the Work, or procurement or delivery method;

2. Services necessitated by the enactment or revision of codes, laws, or regulations, including

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changing or editing previously prepared Instruments of Service;

3. Changing or editing previously prepared Instruments of Service necessitated by official interpretations of applicable codes, laws or regulations that are either ( a) contrary to specific interpretations by the applicable authorities having jurisdiction made prior to the issuance of the building permit, or (b) contrary to requirements of the Instruments of Service when those Instruments of Service were prepared in accordance with the applicable standard of care;

4. Services necessitated by decisions of the City not rendered in a timely manner or any other failure of performan,ce on the part of the City or the City's consultants or contractors;

5. Preparing digital models or other design documentation for transmission to the City's consultants and contractors, or to other City-authorized recipients;

6. Preparation of design and documentation for alternate bid or proposal requests proposed by the City;

7. Preparation for, and attendance at, a public presentation, meeting or hearing;

8. Preparation for, and attendance at, a dispute resolution proceeding or legal proceeding, except where the Consultant is party thereto;

9. Evaluation of the qualifications of entities providing bids or proposals;

10. Consultation concerning replacement of Work resulting from fire or other cause during construction; or,

11. Assistance to the Initial Decision Maker, if other than the Consultant

OTHER CONDITIONS AND INFORMATION

Formats for Deliverables: All deliverables for all Stages and Phases shall be submitted in native

software formats ("~.pdf' AND "~.dwg" AutoCAD® for Drawing files; "~.pdf' AND Microsoft Word®

"~.doc" for Specification files; "~.pdf' AND Microsoft Project® for Project Schedules) via electronic download at the end of each Stage and Phase as Record Deliverables. Files may be compressed in a "~.zip" file format.

Project Schedule: As soon as practicable after the award and/or execution of the Agreement a Project Schedule will be prepared which shall include:

• Proposed duration of each Stage and Phase. • Milestone dates including review submittals. • Allowance for reasonable time required for all reviews/approvals by all authorities.

The Consultant shall produce, maintain, update monthly, and submit the Project Schedule at each Stage and Phase of the project, or as requested by the City.

Management of the Budget: The Consultant shall monitor the Project Budget, and shall, during each Stage per the Scope of Work described in this Agreement:

• Provide Co.st Estimates in CSI format appropriate to the level of project completion in Microsoft Excel, formatted for 8-1/2" x 11 paper.

• Review the Project Scope and Budget with the City and provide back-up documentation. • Adjust the Project Scope and modify documents as necessary at the end of Stage r:

Preliminary/Schematic Design and Stage II, Phase A- Design Development to align the Project Scope with the Project Budget.

Additional Information

As additional information the city has provided the following documents to consultant as reference:

Remediation Completion Report, 214 West Jefferson Street (Site 2 - Former Jack Wait Property) IBP No. 4090303 and 311 West Madison Street (Site 9 - Goshen Street Department/Former Rieth Riley

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Construction Company Site) IBP No. 4070907, Goshen, Indiana 46526 - Soil and Materials Engineers, Inc., 10/3/2012

• Environmental Restrictive Covenant for 311 West Madison Street - 10/13/2014 • Environmental Restrictive Covenant for 214 West Jefferson Street (West Sub-Parcel)-10/13/2014 • Preliminary Geotechnical Evaluation, Millrace Canal Development, City of Goshen, Indiana - Soil

and Materials Engineers, Inc., 1/27/2010 • Brownfield Site Remediation Projects, Sites 2 & 9, City of Goshen, As-Built Plan - Soil and

Materials Engineers, Inc., 8/6/2012 • Elevation Survey, Site No. 2 - Goshen River Race - Brads-Ko Engineering & Surveying, Inc.,

6/26/2009 • Elevation Survey, Goshen River Race Development Project Site No. 9, 311 West Madison Street,

Goshen, Indiana 46526 -Brads-Ko Engineering & Surveying, Inc., 9/10/2009 • Goshen Pavilion and Ice Rink Market Demand, Financial, Feasibility, and Impact Analysis -Hunden

Strategic Partners, 10/5/2017 • Opinion of Probable Cost for Project: Millrace Pavilion, SCD Project Number 1733, Shanklin Park,

Goshen, IN, Issue: Conceptual Design-Sink Combs Dethlefs, 9/2017

Consultant shall maintain required professional licenses and registrations and comply with health and safety statutes for professional services in the performance of services for the City.

TERM OF THE AGREEMENT

This Agreement shall become effective on the date of execution and approval by both parties. Consultant acknowledges that time is of the essence and that the timely performance of its services is an important element of this Agreement. Consultant shall perform all services as expeditiously as is consistent with professional skill and care in the orderly progress of the project.

Consultant's services shall begin as soon as practical after receiving a notice to proceed from the City and shall be completed by February 15, 2019.

COMPENSATION

The City agrees to compensate Consultant for the services in this agreement in accordance with Consultant's fees as set forth in the table below for an amount not exceed Three Hundred Seventy-Seven Thousand Eight Hundred Dollars ($377,800.00). The Design Fee Contingency, Survey Allowance and Geotechnical Allowance will be paid on a time and materials basis according to the Fee Schedule attached as Exhibit B.

Stage I Design Services Lump Sum $113,400.00

Stage II Design Development Services Lump Sum $81,000.00

Stage II Construction Document Services Lump Sum $113,400.00

Stage II Bidding Phase Services Lump Sum $16,200.00

LUMP SUM BASE SERVICES SUBTOTAL $324,000.00

Design Fee Contingency Time & Materials/

$32,400.00 Nat-to-Exceed

Survey Allowance Time & Materials/

$13,400.00 Nat-to-Exceed

Geotechnical Allowance Time & Materials/

$8,000.00 Not-to-Exceed

PROJECT TOTAL TOTAL $377,800.00

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Design Fee Contingency: Eligible for use in performing Professional Services necessary to complete the project as contemplated in this Agreement but are unforeseen at the time of execution. Any change in Professional Services to be paid from this Contingency shall be preceded by a Design Clarification, an itemized scope and fee breakdown provided by the Consultant and approved by the City, that the change qualifies for payment at rates specified in this Agreement and does not exceed the available Contingency amount. The Consultant's cost for overhead, profit and other expenses contemplated for assessment against the Design Fee Contingency are included in the hourly rates listed in the Hourly Rate Schedule included with our submittal and included as Exhibit A.

Survey & Geotechnical Allowances: Shall be accounted for and reimbursed according to the terms of this Agreement. The Consultant shall identify all items along with estimated costs for any reimbursable expenses required to complete for each phase of the project. This shall include, but is not limited to: deliveries, postage, printing, reproduction, geotechnical services, surveys, testing, fees, plan review fees, permits, special inspection fees and any other approved expenses usually associated with this type of project. Reimbursable expenses, including subconsultant fees, shall be billed at cost invoiced, without any mark-up. Costs for mileage, travel, parking, tolls, lodging, meals and dues/membership fees to professional societies/organizations are NOT eligible for reimbursement and will not be considered. No qualification of the financial offer will be accepted. Reimbursable Expense Allowance amounts not expended in a previous Stage may only be carried over to subsequent stages/phases after written approval.

Management of Service Fees Consultant shall be responsible for management of the Professional Services Fee as follows:

• Submit Sample fonnat for Requests for Payment for City Approval; to include: o Fee Breakdown by Stage and Phase per Proposal. o Percent Complete, Amount Earned, Previous Fee Billing, and Current Billing by Stage and Phase. o Reimbursable Expenses by Phase, broken down by Current, Prior, and Billed-to-Date. o For allowance work to be perfotmed on a time and material basis, provide staff logs/hours

expended and reimbursable receipts for each Request for Payment. • Submit Requests for Payment on a monthly basis not to exceed the amounts stipulated in this

Agreement, including reimbursable expenses, for each Stage and Phase, identified above in Compensation.

• Final payments for each Stage or Phase will not be released until such Stage or Phase is satisfactorily completed and accepted by the City. If final payment is withheld, the amount will not exceed 10% of the total Stage or Phase amount.

Consultant is required to have a current W9 Form on file with the City before the City will issue any payment. Payment will be made within forty-five ( 45) days following City's receipt of the detailed invoice from Consultant. Payment is deemed to be made on the date of mailing the check.

STANDARD OF CARE

The standard of care of the services provided by the Consultant shall meet or exceed that level commonly expected of professional architects and engineers that are licensed to practice in the State of Indiana.

The Consultant shall assume the role of "Architect-of-Record" and "Engineer-of-Record" for all services performed under the contract and shall be licensed in the State of Indiana. Construction Documents shall bear a current, active professional seal recognized by and as required the State of Indiana.

The Consultant shall make field observations and conduct a topographic survey and geotechnical soils investigations to evaluate existing conditions during the Design Stage.

INDEPENDENT CONTRACTOR

Consultant shall be deemed an independent contractor operating as a separate entity from the City of Goshen. The City shall not be responsible for injury, including death, to any persons or damage to any property arising out of the acts or omissions of the agents, employees, or subcontractors of Consultant.

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NON-DISCRIMINATION

Consultant agrees that it will comply with all federal and Indiana civil rights laws, including, but not limited to Indiana Code 22-9-1-10. Consultant agrees that Consultant or any subcontractors, or any other person acting on behalf of Consultant or their subcontractor, shall not discriminate against any employee or applicant for employment to be employed in the performance of a contract with respect to said employee's hire, tenure, terms, conditions, or privileges of employment or any other matter directly or indirectly related to employment because of the employee's or applicant's race, religion, color, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of contract.

INDEMNIFICATION

Consultant agrees to indemnify, defend, and hold harmless the City, its agents, officers, and employees from any and all liability, obligations, claims actions, causes of action, judgments, liens, damages, penalties or injuries arising out of any intentional, reckless or negligent act or omission by Consultant or any of their officers, agents, officials, and employees, during the performance of services under this Agreement with the City of Goshen. Such indemnity shall include attorney's fees and all costs and other expenses incurred by the City, and shall not be limited to insurance required under the provisions of this Agreement.

INSURANCE

Prior to commencing services, Consultant shall furnish the City a certificate of insurance in accordance with the following minimum requirements, shall maintain the insurance in full force and effect, and shall keep on deposit at all times during the term of the contract with the City the certificates of proof issued by the insurance carrier that such insurance is in full force and effect Consultant shall specifically include the City of Goshen as an additional insured for Employer's Liability, General Liability and Automobile Liability coverage.

Consultant shall at least include the following types of insurance with the following minimum limits of liability:

Workers Compensation & Employer's Liability ................................................. Statutory Limits

General Liability .................................................................. Combined Bodily Injury and Property Damage $1,000,000 Each Occurrence and $2,000,000 Aggregate

Professional Liability ........................................................... Combined Bodily Injury and Property Damage $1,000,000 Each Occurrence and Aggregate

Automobile Liability ............................................................ Combined Bodily Injury and Property Damage $1,000,000 Each Occurrence and Aggregate

Each certificate shall require that written notice be given to the City at least thirty (30) days prior to the cancellation or a change in the policy that would not meet the minimum limits of liability set forth above.

FORCE MAJEURE

Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance under this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party and could not have been avoided by exercising reasonable diligence. Examples of force majeure are natural disasters or decrees of governmental bodies not the fault of the affected party.

If either party is delayed by force majeure, the party affected shall provide written notification to the other party immediately. The party shall do everything possible to resume performance. The notification shall provide evidence of the force majeure event to the satisfaction of the other party. If the period of nonperformance exceeds thirty (30) calendar days, the party whose ability to perform has not been affected may, by giving written notice, terminate the contract and the other party shall have no recourse.

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BREACH

It shall be mutually agreed that if Consultant fails to provide the services or comply with the provisions of this Agreement and Consultant is not able to correct the breach within fifteen (15) calendar days after the City provides written notice to Consultant of such breach, the City may provide or have provided alternative provisions to correct and/or complete the projects. Consultant shall be responsible for any and all costs that are incurred and such costs may be deducted from amounts owed to Consultant expenses to correct the breach or complete the project. If such costs exceed the amounts owed to Consultant, Consultant is liable to reimburse the City for such costs.

If Consultant fails to perform the work or comply with the provisions of this Agreement, then Consultant may be considered in default.

Consultant may also be considered in default by the City if any of the following occur:

(1) There is a substantive breach by Consultant of any obligation or duty owed under the provisions of this Agreement.

(2) Consultant is adjudged bankrupt or makes an assignment for the benefit of creditors.

(3) Consultant becomes insolvent or in an unsound financial condition so as to endanger performance under the Agreement.

( 4) Consultant becomes the subject of any proceeding under law relating to banlauptcy, insolvency or reorganization, or relief from creditors and/or debtors.

(5) A receiver, trustee, or similar official is appointed for Consultant or any of Consultant's property.

( 6) Consultant is detennined to be in violation of federal, state, or local laws or regulations and that such determination renders Consultant unable to perform the work under the Agreement.

(7) The Agreement or any right, monies or claims are assigned by Consultant without the consent of the City.

TERMINATION

The parties may terminate this Agreement under any of the following conditions: ( 1) The contract may be terminated in whole or in part, at any time, by mutual written consent of both

parties. Consultant shall be paid for all work performed and expenses reasonably incurred prior to notice of termination.

(2) The City may terminate this contract, in whole or in part, in the event of default by Consultant. In such event, the City may issue a written notice of default and provide a period of time in which Consultant shall have the opportunity to cure. If the default is not cured within the time period allowed, the contract may be terminated by the City. In the event of default and failure to satisfactorily remedy the default after receipt of written notice, the City may secure similar work in any manner deemed proper by the City, and Consultant shall be liable to the City for any excess costs incurred.

(3) The rights and remedies of the parties under this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

Upon termination for any reason, the City shall be entitled to the use of all plans, drawings, specifications and other documents pertaining to the project prepared by Consultant under this Agreement.

OWNERSHIP OF DOCUMENTS

The City acknowledges Consultant's documents, plans, drawings, specifications, including electronic files, as instruments of professional service. Nevertheless, the final documents prepared under this Agreement shall become the property of the City upon completion of the services and payment in full of all monies due to Consultant.

The City shall not reuse or make any modification to the construction documents without the prior written authorization of the Consultant. The City agrees, to the fullest extent permitted by law, to, indemnify and hold harmless the Consultant, its officers, directors, employees, and subconsultants ( collectively,

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Consultant) against any damages, liabilities, or costs, including reasonable attorney's fees and defense costs, arising from or allegedly arising from or in any way connected with the unauthorized reuse or modification of the construction documents by the City or any person or entity that acquires or obtains the construction documents from or through the City without the authorization of the Consultant. Under no circumstances shall the transfer of ownership of the Consultant's drawings, specifications, electronic files, or other instruments of services be deemed a sale by the Consultant, and the Consultant makes no warranties, either express or implied, of merchantability and fitness for any particular purpose, nor shall such transfer be construed or regarded as any waiver or other relinquishment of the Consultant's copyrights in any of the foregoing, full ownership of which shall remain with the Consultant, absent the Consultant's prior written consent except as otherwise provided by this agreement.

ASSIGNMENT

Neither party shall subcontract or assign any right or interest under the contract, including the right to payment, without having prior written approval from the other. Such approval shall not be unreasonably withheld. Any attempt by either party to subcontract or assign any portion of the contract shall not be construed to relieve that party from any responsibility to fulfill all contractual obligations.

MODIFICATIONS

It is mutually understood and agreed that no alteration or variation of the terms in this Agreement including the scope of services, completion of services and compensation, and that no alteration or variation of the conditions of this Agreement shall be binding unless specifically agreed to in writing by the parties. Any modification or amendment to the terms and conditions of the Agreement shall not be binding unless made in writing and signed by both parties. Any verbal representations or modifications concerning the Agreement shall be of no force and effect.

NOTICES

All written notices, properly addressed and sent by U.S. mail or delivered personally to the address provided below shall constitute sufficient notice whenever written notice is required for any purpose in the Agreement. Notice will be considered given three (3) days after the notice is deposited in the U.S. mail or when received at the appropriate address.

Address for notices to the City:

City of Goshen Attention: Bodie J. Stegelmann 204 East Jefferson St. Goshen, IN 46528

and

City of Goshen Attention: Mark Brinson 204 East Jefferson St. Goshen, IN 46528

APPLICABLE LAWS

Address for notices to Consultant:

American Structurepoint, Inc. Attention: Dan McCloskey 7260 Shadeland Station Indianapolis, IN 46256

Consultant agrees to comply with all applicable federal, state and local laws, rules, regulations, or ordinances as the same shall be in full force and effect during the term of this Agreement.

MISCELLANEOUS

A. Any provision of this Agreement or incorporated documents shall be interpreted in such a way that they are consistent with all provisions required by law to be inserted into the Agreement. In the event of a conflict between these documents and applicable laws, rules, regulations or ordinances, the most stringent requirements shall govern.

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B. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and any suit must be brought in a court of competent jurisdiction in Elkhart County, Indiana.

In the event legal action is brought to enforce or interpret the terms and conditions of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert costs, and witness fees ( collectively "Fees and Expenses") which it incurred in prosecuting or defending the Claim. The Court which heard and decided the Claim shall also hear and decide the Claim for Fees and Expenses, including making the determination as to which party, if any, is the prevailing party and what is the reasonable amount of the Fees and Expenses to be awarded to the prevailing party. The Court shall in deciding a claim for Fees and Expenses, consider all relevant factors, including but not limited to, how the Claims, Counterclaims and positions of the Parties as asserted in the proceeding compare to the final judgment. As an example, to the extent that the relief granted by the judgment to a party is less than the Claim or Counterclaim as asserted by that party the Court may consider the differential, including the magnitude thereof, in determining which party is the prevailing party and/or whether and to what extent the Claim for Fees and Expenses should be reduced or otherwise discounted, in order to provide for only a reasonable recovery of the prevailing party's Fees and Expenses.

C. The Consultant shall not have control over, charge of, or responsibility for the Contractor's construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Consultant be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents.

D. Submittals (If requested by the City)

If requested in writing by the City as an Additional Service, the Consultant shall review and approve, or take other appropriate action upon, the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. Review of such submittals is not for the purpose of determining the accuracy and completeness of other information such as dimensions, quantities, and installation or performance of equipment or systems, which are the Contractor's responsibility. The Consultant's review shall not constitute approval of safety precautions or construction means, methods, techniques, sequences or procedures. The Consultant's approval of a specific item shall not indicate approval of an assembly of which the item is a component

E. Evaluations of the Work (If requested by the City)

If requested in writing by the City as an Additional Service, the Consultant shall visit the site to become generally familiar with the progress and quality of the portion of the Work completed, and to determine, in general, if the Work observed is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Consultant shall not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of the site visits, the Consultant shall keep the City reasonably informed about the progress and quality of the portion of the Work completed, and promptly report to the City (1) known deviations from the Contract Documents, (2) known deviations from the most recent construction schedule submitted by the Contractor, and (3) defects and deficiencies observed in the Work.

F. The Consultant has no authority to reject Work that does not conform to the Contract Documents or to require inspection or testing of the Work. Consultant shall have no duty or responsibility to the Contractor, Subcontractors, suppliers, their agents or employees, or other persons or entities performing portions of the Work if all or any portion of the Work fails to conform to the Contract Documents.

G. In the event of a claim or dispute involving the Consultant's professional services or performance of this Agreement, the City's sole and exclusive remedy shall be against the Consultant, an Indiana

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corporation, and neither the City nor anyone claiming by or through the City shall assert any claim or cause of action against, or name as a party to any lawsuit, any officer, agent, principal, shareholder, or employee of the Consultant whose services in performance of this Agreement were in the course and scope of his or her employment or professional relationship with the Consultant and the Consultant does not assert, as a defense to any such claim, that the alleged conduct of the person sought to be named as a party was ultra vires, being outside the course and scope of the named person's employment by, or relationship with, the Consultant.

EMPLOYMENT ELIGIBILITY VERIFICATION

Consultant shall enroll in and verify the work eligibility status of all their newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3.

Consultant shall not knowingly employ or contract with an unauthorized alien. Consultant shall not retain an employee or continue to contract with a person that the Consultant subsequently learns is an unauthorized alien.

Consultant shall require their subcontractors, who perform work under this contract, to certify to Consultant 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. Consultant agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.

The City may terminate the contract if Consultant fails to cure a breach of this provision no later than thirty (30) days after being notified by the City of a breach.

Consultant affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien.

CONTRACTING WITH RELATIVES

Pursuant to IC 36-1-21, if Consultant is wholly or partially owned by a relative of an elected official of the City of Goshen Consultant certifies that Consultant has notified in writing both the elected official of the City of Goshen and the City's legal department prior to entering into this contract that an elected official of the City of Goshen is a relative of an owner of Consultant.

SEVERABILITY

In the event that any provision of this Agreement is found to be invalid or unenforceable, then such provision shall be reformed in accordance with applicable law. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision of the Agreement.

BINDING EFFECT

All provisions, covenants, tenns and conditions of this Agreement bind the parties and their legal heirs, representatives, successors and assigns.

Page 17

EXHIBIT A

Architect's Proposal with Hourly Rate Schedule

Exhibit A

ARCHITECTURE AND ENGINEERING SERVICES

City of Goshen Ice Rink/ Multi-Use Pavilion Project

Presented by American Structurepoint in association with IMEG and Hitchcock Design Group

APRIL 30, 2018

COMPENSATION FEE PROPOSAL

April 27, 2018

Ms. Carla NewcomerDepartment of Community Development204 E. Jefferson Street, Suite 6Goshen, Indiana 46258

Re: Goshen Ice Rink/Multi-Use PavilionProfessional Architectural and Engineering ServicesProposal: 2018.00877

Dear Ms. Newcomer:

Thank you for the opportunity for American Structurepoint, Inc., and our team to offer a proposal for thedesign of the new ice rink/multi-use pavilion. American Structurepoint has many of the necessary components in house to provide a complete proposal along with our trusted team members IMEG Consulting Engineers for MEP and ice system design and Hitchcock Design Group for landscape architecture. Our scope and proposal for design services follow.

PROJECT SCOPE

The project is the design and documentation of a roughly 26,000-sf ice rink pavilion and associated support building. Contained within the support building will be public restrooms, a small concessions area, and building mechanical, including mechanical space for the permanent equipment for creation of ice.

The design process will be broken down into distinct phases as outlined below:

1. SCHEMATIC DESIGNA. Attend project design meetings for design and coordination purposes with the Owner; two

meetings are planned for this phase.

B. Prepare detailed building program to solidify space adjacencies and sizes

C. Site topographic survey of existing site to include the following:

1. Establish horizontal control

2. Establish vertical control (1929 or 1988 Datum)

3. Drafting and creation of a TIN and contours for design

D. Review topographic and utility information

E. Review Indiana Building Code

F. Coordinate with design disciplines

G. Perform a review of project-specific structural design requirements

Ms. Carla NewcomerApril 27, 2018Page 2

2017.00877

H. Prepare structural loading data and design criteria

I. Prepare schematic drawings to include:

1. Building floor plan showing column grid, room layouts, doors, and circulation

2. Building roof plan

3. Building elevations through use of 3D modeling

J. Submit schematic design document for review and approval prior to proceeding with the next phase.

2. DESIGN DEVELOPMENT/CONSTRUCTION DOCUMENTS A. Attend project review meeting for design and coordination purposes with the Owner; two

meetings are planned during this phase.

B. Review Indiana Energy Code for building envelope and energy performance

C. Review the geotechnical report and recommendations for soil capacity for footings, foundations, and pavement. Coordinate our review with the geotechnical consultant

D. Research specific products/material to be incorporated into the project design

E. Further review of the Indiana Building Code and Indiana Energy Code

F. Coordinate with design build disciplines (MEP/FP)

G. Prepare/and finalize drawings to include the following:

1. Site demolition plan

2. Dimensioned/engineered site plan

3. Grading and drainage plan for affected site areas

4. Erosion and sediment control plan

5. Stormwater Pollution Prevention Plan

6. Landscape plan

7. Foundation plan

8. Structural framing plan

9. Foundation and framing details

10. Floor plan(s)

11. Roof plan(s)

12. Building elevations

13. Wall sections

14. Door/Opening schedule

15. Reflected ceiling plan

16. Finish Schedule

H. Prepare technical specifications for portions of the work for which we are responsible

I. Submit construction documents for review and approval prior to proceeding with the next phase


2017.00877

J. Submittals of plans and coordination of approvals from Goshen:

1. Site plan/construction documents – Improvement Location Permit

2. Drainage and erosion control

K. Submit documents to the Indiana Department of Homeland Security for the Construction Design Release

3. PRICING PHASEA. Provide answers to contractor questions and make any necessary clarifications and changes to

construction documents via written addenda

4. CONSTRUCTION ADMINISTRATION PHASE (Hourly NTE)A. Meetings/site visits at regular intervals on behalf of the Owner to observe and become generally

familiar with the quality and progress of the construction work relative to elements designed and specified by American Structurepoint and its consultants. We anticipate at least one site visit per month. The exact quantity of visits will be enumerated in the AIA B-101 Standard Form of Agreement between Owner and Architect.

B. Prepare documentation regarding clarifications, additional instructions, and changes to the work as construction progresses

C. Review shop drawings and material selections submittals for the portion of work designed and specified by American Structurepoint and its consultants. Review of submittals will be for general conformance with the information given and design concept expressed in the contract documents.

D. Create a punch list of defective work and review the final construction for determination of substantial completion

E. Architect will provide electronic files and one bond copy of Record Drawings prepared from the Contractor’s redline markups.

SCHEDULE

We anticipate the Preliminary Design effort to take approximately 5 to 6 weeks. Allowing 2 weeks for owner review, Design Development will last approximately 5-6 weeks. After Owner review of Design Development Package, Construction Documents will commence and will last approximately 6-7 weeks

DESIGN INVESTMENT

Based upon the scope of services above, the lump-sum fee will be as follows:

Stage 1 Design Services: $113,400.00

Stage 2 Design Development Services: $81,000.00

Stage 2 Construction Document Services: $113,400.00

Stage 2 Bidding Phase Services: $16,200.00

Lump Sum Base Services: $324,000.00

Design Fee Contingency: $32,400.00

Survey Allowance: $13,400.00

Geotechnical Allowance: $8,000.00


2017.00877

SUPPLEMENTAL SERVICES

1. Additional meetings other than those identified above

2. Construction Administration Services to be performed on an hourly basis as requested by the City. Hourly Services will be invoiced as performed and shall not exceed $42,330.

REIMBURSABLE EXPENSES

Reimbursables are limited to the above survey and geotechnical per the Request for Proposal. Reimbursable expenses will be invoiced monthly as soon as practical after they occur.

Carla, thank you for your consideration on this project. We are excited about this opportunity and look forward toworking with you and others for this great community amenity. If this proposal is acceptable, please sign below. This will serve as our notice to proceed.

Very truly yours,American Structurepoint, Inc.

Daniel L. McCloskey, RA, CSI, CDT Jack LashenikSenior Project Architect Executive Vice President

DLM/JAL:mek

Attachment – Hourly Rate Schedule

If the terms of this proposal are agreeable, indicate your acceptance by returning a signed copy of this letter. We will consider this our notice to proceed and will prepare an AIA Agreement

Accepted by

Printed Name

Date:

2017.00877

HOURLY RATE SCHEDULE

EMPLOYEE CLASSIFICATION HOURLY RATE

Principal $260/hr

Senior Project Manager $195/hr

Project Manager $155/hr

Senior Architect, Engineer, Planner $145/hr

Project Architect, Engineer, Planner $120/hr

Design/Staff Architect, Engineer, Scientist, Planner, Surveyor $105/hr

Interior Designer $110/hr

Senior Environmental Specialist $155/hr

Environmental Specialist $135/hr

Landscape Architect $125/hr

Registered Land Surveyor $145/hr

Topo Survey Crew $190/hr

Staking Survey Crew $175/hr

One Person Staking Crew $120/hr

Survey Researcher $90/hr

Senior Technician $110/hr

Technician $100/hr

RESOLUTION 59-2018

Approve Execution of Change Order No. 1 for Northwest Bike Trail WHEREAS Change Order Number One (1) increases the total contract by $47,970.000. Engineering will supply a copy of Change Order Number One, memo attached. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that the terms and conditions of Change Order Number One (1) that will be submitted by Engineering for review and approval. PASSED and ADOPTED on August 14, 2018. GOSHEN REDEVELOPMENT COMMISSION




Register of Claims

The Goshen Redevelopment Commission has examined the entries listed on the

following itemized Expenditure Report for claims entered from July 11, 2018

through August 10, 2018 and finds that entries are allowed in the total amount of

$158,846.23

APPROVED on August 14, 2018.



August, 2018 Redevelopment Staff Report

PROJECT: USEPA REVOLVING LOAN FUND (RLF) GRANT AWARDS PROJECT DESCRIPTION The City received a revolving loan fund (RLF) grant ($1,000,000) to be used for remediation projects from the USEPA. The funding has been used for sites throughout Goshen to facilitate environmental cleanup and redevelopment projects. The initial grant funds have now been expended and the grant closeout is now complete. Per the loan agreement between the City of Goshen and the Goshen Redevelopment Commission, the funds utilized for the salvage yard project ($838,500) will be repaid into a Revolving Loan Account established by the City Council. The funds can then be granted back to the Commission (or loaned to private developers) for additional assessment and remediation work. The intention of the fund is to continue to revolve. However, the City has the ability to grant the full $838,500 at which case the revolving component of the fund would be complete. Reporting for the grant will continue until all funds have been expended from the Revolving Loan Fund account. PROJECT UPDATE It is anticipated that a request will be made to the Commission in August for a grant for brownfield assessment assistance for a downtown business.

PROJECT: GOSHEN THEATER RENOVATION PROJECT DESCRIPTION Goshen Theater, Inc. has purchased the Goshen Theatre building to serve as an Arts and Entertainment facility downtown. A phased renovation of the theater has been proposed and fundraising is in progress. PROJECT UPDATE The Commission has included $850,000 in the five year capital plan for funding The Regional Development Authority has announced a funding allocation of $1.8 million from the Regional Cities fund. The Community Foundation has committed $1 million to the project, contingent on a 2:1 match from private donors. A community capital campaign is underway and will continue through 2018. A Request for Proposals was issued by Goshen Theater, Inc. in May and two proposals were received. A committee is currently reviewing their submissions and will be interviewing both teams in mid-July. It is anticipated that an agreement will be executed and design will be underway for the project in August.

PROJECT: NORTHWEST BIKE TRAIL CONNECTOR PROJECT DESCRIPTION The Northwest Bike Connector route will connect the northwest Goshen neighborhoods to the US 33 Commercial district, extending west along Bashor Road, north along Reliance Road, and then west along US 33 to end at Market Center shopping area. PROJECT UPDATE The project has been awarded to Rieth Riley. Construction has begun and will be completed in the fall. The contractor has encountered more unsuitable soils than expected, but the work is progressing on scheduled.

August, 2018 Redevelopment Staff Report Page 2

PROJECT: NORFOLK SOUTHERN RAILROAD CROSSING SAFETY IMPROVEMENTS PHASE II PROJECT DESCRIPTION Federal Highway Safety Improvement Project (HSIP) funding was applied for the installation of new warning devices at two at-grade railroad crossing to improve safety and meet minimum Federal Railroad Administration (FRA) standards. The two crossings include: Jefferson Street and College Avenue. PROJECT UPDATE Norfolk Southern is working on the design engineering for the signal and gates at the Jefferson Crossing. Goshen Engineering has bid the improvements at the Jefferson Crossing in preparation of the crossing improvements. In order to make room for a gate on the west side of the railroad tracks, the City will need to shift 9th St five feet away from the tracks. Norfolk and Southern does not expect that the signal work will be done until after October 1st, so the City will have to coordinate our schedule to eliminate the crossing to be closed for an extended length of time. The contractor will begin the work the week of 8/12 and will be completed mid-October. Additionally, as a result of meeting with the neighborhood in regards to parking impacts due to the road shift, the neighborhood has requested 9th St be turned back into a one way to be able to provide on-street parking. This has been approved by the Traffic Commission and Board of Works and has been incorporated into the plans. The College Xing improvements are currently under design by the railroad and would also follow a fall timeline for construction. This work will all be done by the railroad.

PROJECT: RAILROAD QUIET ZONE FROM KERCHER ROAD TO LINCOLN AVENUE

PROJECT DESCRIPTION Establishment of a Quiet Zone along the Norfolk Southern Railroad Marion Branch from Washington Ave to Kercher Ave.

PROJECT UPDATE Here is the updated schedule for the implementation of the Quiet Zone:

- September 2018 – Traffic counts to be done at each of the railroad crossings. Once US33 Bypass is complete. - Fall 2018 – Madison Street will become a local street and safety improvements can be implemented at this crossing, which is

anticipated to cost approximately $400,000. - March 2019 – Submit the Public Authority Application (PAA) to Federal Railroad Administration (FRA) for review, which

typically takes 12 months. - Spring 2019 – Installation of signs and delineators at the railroad crossings. - November 2019 – Railroad Quiet Zone is anticipated to be “in-service”.

The City met with the Federal Railroad Administration (FRA) and INDOT at the end of July to review the plans implementation status and finalize the proposed changes. We are currently working on the final plans to be submitted for approval.

PROJECT: NINTH STREET TRAIL FROM COLLEGE AVENUE TO PURL STREET

PROJECT DESCRIPTION New bicycle and pedestrian trail construction along Ninth Street from College Avenue and Purl Street. The path will path be along the east side of Ninth Street from College Avenue to Jackson Street, then the path will extend on the west side of Ninth Street from Jackson Street to Purl Street

PROJECT UPDATE


The design work and environmental work is currently in process and is on schedule for a January 2019 letting.

PROJECT: STEURY AVENUE RECONSTRUCTION AND STORMWATER DETENTION AREA

PROJECT DESCRIPTION This project has grown out of the recent improvements along the Steury Avenue corridor with the expansion of GDC, Lions Head, the Goshen Street Department and the Goshen Central Garage. The roadway corridor no longer supports the additional vehicle loads and has been chip and sealed to extend the service life of the current pavement. The intersection of Steury Avenue and State Road 4 has small turning radiuses, which causes semi-traffic serving the corridor to make wide swings onto and off of Steury Avenue and State Road 4. Drainage is effectively non-existent along the roadway corridor and there are limited opportunities to improve the drainage without looking outside the corridor. In addition to the functionality of the roadway, the roadway’s appearance does not reflect the investment the adjoining companies have made on their properties.

The current plan is to reconstruct Steury Avenue from State Road 4 north 1,450-feet to the first roadway bend to the right. The new roadway cross section will have a thicker pavement section to support the additional vehicle traffic and curb and gutter to control stormwater water runoff. A new storm sewer will be constructed that directs stormwater to State Road 4 where several properties will be purchased, on the south side of State Road 4, to allow for the placement of a detention pond. The new detention pond will have an overflow release to Rock Run Creek. PROJECT UPDATE A contract was awarded to John Ward Concrete, Inc. for Phase I of this overall project. Phase I included the work south of Lincoln Avenue to construct the detention basin and associated piping that will eventually serve this whole area. Start date was the first part of March and the grant funds have been fully expended. Final components to the project will be completed once weather dries out and overseeding can occur to close out the first phase of this project.

PROJECT: KERCHER ROAD RECONSTRUCTION FROM RAILROAD TO DIERDORFF ROAD PROJECT DESCRIPTION Improvements to Kercher Road from the Railroad to Dierdorff Road will include one lane in each direction and a center left turn lane, curb and gutter along with storm sewer, and a 10-foot sidewalk/bicycle trail along the south side of the roadway. The intersection at Pine Manor Drive and Industrial Park Drive will be aligned to allow for safe turning movements. This project was let in February 2018. PROJECT UPDATE Phase 1A of the project has begun from the railroad tracks to Weymouth Blvd and will be completed by the fall. The contractor is currently working on utilities. Phase 1B, from Weymouth to Dierdorff, will be completed in 2019.

PROJECT: KERCHER ROAD RECONSTRUCTION FROM DIERDORFF ROAD TO US 33 PROJECT DESCRIPTION Improvements to Kercher Road from Dierdorff Road to US 33 will include one lane in each direction, a center left turn lane, curb and gutter along with storm sewer, and a 10-foot sidewalk/bicycle trail along the south side of the roadway. This project has a letting date of February 2019. PROJECT UPDATE


Final plans are due August 2018. DLZ has started the appraisal and land acquisition process, which is anticipated to be completed by September 2018. During the environmental phase of the project, one property had right-of-way limitations placed on it so to not negatively impact it’s possible historic nature. Since then, a local developer has purchased the property with plans to develop the property. In order to remove the restrictions at this property, the environmental document has been revised and is currently awaiting approval. The City has instructed DLZ to continue on with land acquisition with the restrictions in place and once the environmental has been approved, they will need to go back to the property to purchase the additional r/w. This may push the letting back to March 2019.

PROJECT: KERCHER ROAD RETENTION AREA PROJECT DESCRIPTION Development of a plan for a stormwater retention area on the north side of Kercher Road, just east of the railroad tracks. This project will address some of the flooding problems in the Goshen Industrial Park. PROJECT UPDATE All work has been completed on the first phase of this project. Goshen Engineering has migrated into the second phase and had a engineering design kickoff meeting with DLZ on March 10. Goshen Engineering received 60% design plans from DLZ for the stormwater improvement. The design requires the pipe to be constructed outside the right-of-way on Benteler’s property. Representatives from Goshen Engineering and Goshen Redevelopment met with Benteler on Friday, August 11, 2017, to discuss the need for a future easement and to review their future development plans. A verbal was received from Benteler on the easement. Also, Benteler has future development plans and they would like to explore a partnership in developing their property while sharing some of the City’s newly developed stormwater detention basin. An agreement modification with DLZ was approved by the Redevelopment Commission on September 12, for DLZ to review potential drainage improvements that will allow Benteler to expand.

PROJECT: PLYMOUTH AVENUE FOXBRIAR DRIVE WATER MAIN LOOP PROJECT DESCRIPTION The project will loop an existing dead-end water main on Foxbriar Drive into the existing water main on Plymouth Avenue. The water main loop will improve fire flow and water quality for the residential homes and businesses in the area.

PROJECT UPDATE Although this project is needed, it is currently on hold as the City waits for the new owner of the Crossing Subdivision to determine if they are going to proceed with developing the property. The City had a development meeting with the new property owner in late 2017. If they opt to proceed with the site improvements, negotiations need to take place to address the remaining stormwater drainage issues. Because the State Road 119 TIF District expires in 2019, Goshen Engineering will proceed with the water main project if a drainage agreement cannot be negotiated with the developer.

PROJECT: FORMER WESTERN RUBBER SITE PROJECT DESCRIPTION No development plans are in place for the parcel at this time. The remediation activities are complete at the site and we have received environmental closure.


PROJECT UPDATE Staff is discussing the property with potential purchasers and will bring a proposal to the Commission at the appropriate time.

PROJECT: CREATIVE ARTS COORDINATOR – ECCVB LIVE/WORK/PLAY GRANT PROJECT DESCRIPTION The Redevelopment Commission received a 3-year grant from the Elkhart County Convention Visitors Bureau in June 2016. The program provides $50,000 per year to provide capacity to move forward downtown initiatives. The funding for the first year was utilized by Goshen Theater, Inc. to put towards their fundraising campaign. The funding for the 2nd and 3rd year is being used to fund a Creative Arts Coordinator to help develop an arts market in downtown Goshen as well as a arts and asset database to connect and list all of the various individuals in Goshen that contribute to our arts and culture. PROJECT UPDATE The website launched in late November and two Pop UP markets were held in November. A 45-day exhibit is being displayed at 213 S. Main Street through May 20th and 4 artists sold work within the first weekend. The artist database is continuing to grow and the model for the market continues to be refined. A fundraising campaign for the mapping project is complete and the map generated will be utilized to launch Phase II of the website which will include a database of all local artists. This was one of the two projects identified through the Live Work Play grant.

PROJECT: MULTI-USE PAVILION AND ICE RINK FEASIBILITY STUDY

PROJECT DESCRIPTION

A market analysis;/feasibility study was completed in October 2017 to evaluate the ice rink/multi-use pavilion project on the west side of the Millrace Canal and the results were favorable. The concept is to have a parks’ department operated facility that will function year round for programming and events. Public feedback was incorporated into the study and all interviewed community members are in support of the idea. The City has received a $300,000 grant from the Regional Cities initiative and $1,000,000 from the Elkhart County Community Foundation. Mayor Stutsman has received a $1,000,000 anonymous private commitment and he continues to talk with other potential donors to fulfill the costs of the project. The Commission has pledged $2,500,000 as part of the approval of our 5 Year Capital Plan.

PROJECT UPDATE

An RFP was issued on March 30th to firms interested in designing the project. A total of 6 proposals were received on April 30th. A review committee, consisting of 7 members, in the process of evaluating them and a recommendation for award will be made to the Commission at the May 23rd special commission meeting.

PROJECT: CR 40 WATER MAIN EXTENSION FROM DIERDORFF ROAD TO US 33 (KEYSTONE PROJECT)

PROJECT DESCRIPTION:

Water main construction from CR 27, east along CR 40 to US Hwy 33, then north along US Hwy 33 to Skyview Road.

PROJECT UPDATE

The work has been completed.

PROJECT: RIVER ART


PROJECT DESCRIPTION

An agreement has been executed with Insite Development to design and construct an upscale residential project along the millrace canal. The site is near the intersection of South Third Street and Jefferson Street.

The River Art development project will consist of an approximately 46-unit apartment building, the construction of 18 condominium/apartment units in the north half of the Hawks building and the creation of a new community park. The new apartments will be constructed on property previously offered for sale by the Goshen Redevelopment Commission. The development site also includes the north half of the Hawks building which is privately owned and will be acquired separately by the developer.

The developer plans to invest $11 million on the construction of a modern architectural style building featuring high-quality rental apartments. Amenities include covered parking spaces for residents located under the apartment building, a common terrace shared by residents and private balconies for individual apartments. An additional $3.6 million would be invested in the complete redevelopment of the north half of the Hawks Building for the construction of condominiums. Plans also include the possibility of constructing a coffee shop and gallery space on the first floor of the Hawks building. As an amenity to the two development projects, Insite is proposing to design and construct a small community park on the vacant lot north of the Hawks Building. The park would serve area residents including those at the Hawks and River Art and will feature landscaping, a walkways, benches, lighting and public art produced by local artists. The developer would donate the completed park to the City.

PROJECT UPDATE

A development agreement was executed on March 26th. Closing was held on April 17th for the north half of the Hawks building. Design work is well underway and a pre-development meeting with the developer and City staff was held in April to go over the preliminary design details.

PROJECT: SUPREME COURT RECONSTRUCTION

PROJECT DESCRIPTION

The City, in cooperation with Supreme, has worked out an agreement to have Supreme Court reconstructed. The work shall include new roadway, storm improvements, and a cul-de-sac. The funding for this project is being provided from Redevelopment, Supreme, and the State through the CCMG.

PROJECT UPDATE

The work is substantially completed with punch list items remaining.

PROJECT: MAIN STREET IMPROVEMENTS

PROJECT DESCRIPTION

Main Street is currently part of US 33 and is therefore under the jurisdiction of INDOT. The City of Goshen has entered into an agreement with INDOT to transfer this road to the city upon completion of the US 33 North Connector project. The transfer should occur in the fall of 2018, based on the current construction schedule.

The Goshen Engineering Department will be redesigning Main Street from Pike south to Madison to include a number of aesthetic and functional improvements. Features under consideration include:

1. Installation of bump out areas (intersections and mid-block) 2. Reconstruction of street (including base)


3. Installation of arches (north and south end) 4. Installation of new underground conduit for street lights 5. Striping for angle parking 6. Installation of amenities (bike racks, benches, trees, landscaping planters) 7. Scope does not include:

a. Underground utilities (storm sewer, water) b. Sidewalk replacement

The River Race Capital Plan includes $50,000 for design expenses in 2018 and $2.0 million for construction in 2019.

PROJECT UPDATE

A public open house was on May 7th to gather input on what the public would like to see and has also met with EID and DGI. The City has received lots of input and is currently tabulating the comments. A survey has been completed so the design can begin once a direction has been decided. The City will be forming a focus group as the project moves forward. The project is scheduled for a 2019 construction.