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1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021
To: Redevelopment Commission
From: Bill Schalliol, Economic Development Planner
Subject: Professional Services Proposal -AEDA Legal Description and Mapping
Date: October 20, 2009
Attached is a proposal from The Abonmarche Group to provide survey services to develop
a complete legal description for the Airport Economic Development Area (AEDA). When
the AEDA was merged with the Sample-Ewing Development Area (SEDA) in 2007, the two
legal descriptions were merged but both legals were not individually verified. This scope of
work will clarify the legal description and then map the areas to verify the boundaries.
The proposal is in the not-to-exceed amount of $4,400.00. Staff requests approval.
What We Do Today Makes A Difference!
The Abonmarche Group Professional Services Agreement
AGREEMENT between (Client name), City of South Bend Redevelopment Commission
(Client address), County-City Building, Room 1316, 227 West Jefferson Blvd„ South Bend, 1N 46601 hereinafter referred to
as Client, and Abonmarche Consultants of Indiana L.L.C., referred to as Abonmarche, of 750 Lincoln Way East, South Bend, IN 46601,
The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Airport Economic Development Area (AEDA)
the profe~onal services to be provided by Abonmarche, cdleciively referred to as the Proposal/VJork Plan dated October 12 2Cn9 is as follows:
Professional Services as Outlined in Appendices "A"
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following;
A Not-to-Exceed Fee of S4,400, as detailed in Appendix "B"
Prior to commencement of work, the Client will specify any and all documentation that the Client requires for submission with the invoice
for services provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.
If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any deficiencies in the invoice, the Client shall
identify the issue in question within ten (10) days of its receipt. If no objection is made or question noted within the ten (10) day period, any
such question or objection shall be deemed waived.
Each Abonmarche invoice will be due and payable Immediately upon receipt. The parties agree that Abonmarche will be entitled to a
late charge fee of 1.5% per month on any invoice balance that remains unpaid thirty (30) days after the billing date. The late fee may be
waived at the discretion of Abonmarche.
The Client has designated Mr, 8111 Schalllol, Project Manager as its Representative. The Representative will have the
authority to execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders,
addenda, and additional services to be performed by Abonmarche. The representative shall be the contact person for submission of all
documents, invoices or communications.
Authorization to Proceed and Guarantee of Payment: By signing below I acknowledge that I have received and agree to the Terms and
Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written
understandings. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally
delivered or upon the third day after being deposited into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Representative Authorized Abonmarche Representative
Client: City of South Bend Redevelopment Commission
Signature:
Printed Name:
Tifle:
Board of Public Works
Signature:
Signature:
Signature:
Signafure:
Date Signed:
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Signature: - ' ~ `~ ~~ ~^--~-
Printed Name` /John W. Linn, P.E.
Titre: Regional President
Entity: Abonmarche Consultants of Indiana L.L.C.
750 Lincoln Way East
South Bend, IN 46601
Date 5lgned: ~ ~ /~~
Revised 05-15-03 Page 1 of 2
TERMS AND CONDITIONS Of PRC~EESSIOF~IAL SERVICES AGREEMENT
1. Agreement. The Client may authorize Abonmorche to proceed with work
either by signing a Professional Services Agreement or by issuing an
acknowledgement, confirmation, purchase order, or other communication.
Regardless of the method used, these Terms and Conditions shall be
incorporated by reference and shall prevail as the balls of the Client's
Agreement to Abonmarche. Any Client document or communication In
addition to or in conflict wtth theses Terms and Condttons shall be
subordinate and subject to these provisbns.
2. Execution. Abonmarche has the option to render this Agreement null and
void, 'rf it is not executed within thirty (30) days of delNery.
3. Client Responsibilities. The Client will provide all criteria and information
concerning the requirements of the Project. fie Client will assume
responsibulTy for interpretation of contract documents and for conshuction
observation and will waive all claims against Abonmarche that may be in
any way connected, unless Abonmarche's services under This Agreement
Include full-time construction observation or review of contractor's
performance.
4. Performance. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinary used by Abonmarche's
profession practicing under simYar circumstances at the same time and In the
same locdiry. Abonmarche makes no warranty, expressed or implied, with
respect to any services provided by Abonmarche. Abonmarche will not be
liable for any Gaim, damages, cost, or expense (including attorney's fees) or
oMer liability or loss not directly and solely caused by the negligent acts.
erors, or omissions of Abonmarche.
5. Hourly Billing Rates, Unless stipulated otherwise, the Client will compensate
Abonmarche at the curent hourly billing rates, in place when the services
are provided by Abonmarche.
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or Indirectly for the Client's Project, will be charged at Abonmarche's
cunent rates. Examples of in-house reimbursable expenses include, but are
not limited to: mileage, tests and analyses, special equipment services,
postage and delNery charges, telephone and telefax charges, copying,
printing, and binding charges. Outside reimbursable expenses will be
charged on the basis of the actual costs times a factor of 1.15. Examples of
outside reimbursable expenses Incude, but are not limited to: commercial
transportation, Subconhactors, meals, lodgng, special fees, licenses. pernits.
and outside technical or professional services.
7. Additional Services. Additional servk;es that may be provided pursuant to the
Agreement or any subsequent modificatbn of the Agreement will be
authorized, when possible, by written amendment signed on behalf of the
Client and Abonmarche. Additional services, performed by Abonmarche are
subject to all Terms and Conditions and the Client will be respons't>le for
payment. Should the Client, regulatory agency, or any public body or
inspector dkect modrf~ation or addition to work covered by this Agreement,
the cost will be added To The agreed price. Verbal requests for extra work
should be made in writing via a change order, but none the less.
Abonmarche is entitled to be poid for extra work provided whether R is in
writing or not.
8. Underground Shuctures or Buried Utilities. Abonmarche will use public utility
location services where avdlable to perform this service. fie Client is
responsible for Identification and location of all public and prtvate buried
shuctures on the Gient's property and the Project site, such as but not limited
to storage tanks and lines, or gas, water, sewer, elechical, phone, cable, or
any other public or prNate utilities. Abonmarche will take reasonable care to
avoid such structures but will not be responsible for accidentd damage to
utilities or shuctures that were not specifically or dearly located by the CIIenT
or for damages or losses dalmed by third parties related hereto.
9. Site Access and Security. Wrth the exception of access rghts that land
surveyors are afforded by law, the Client will provide Abonmarche access to
The Project site and The Client will be responsmle for obtaining any necessory
permission from any affected third parry property owners for use of Their
lands. The Client is solely responsible for site secur8y.
10. Subcontractors. Abonmarche may engage Subcontractor(s) on behalf of the
Client to perform any portbn of the services to be provided by Abonmarche.
Client agrees that Abonmarche will not be liable for any claim, liability, or
defense cost for injury or loss sustained by ony party from exposures allegedly
caused by the Subcontractor's negligence or willful misconduct during
performance of services hereunder.
11. Opinbns of Cost. Any opinions of probable construction cost and/or total
project cost provided by Abonmarche will be on the basis of experience and
judgment, but these are only estimates, Abonmarche does not waranT That
bids or ultimate conshuctbn a total project costs will not vary from such
eshnates.
12. Ownership of Work Product. Abonmarche will remain the owner of all original
drawings, reports, and other materials provided to The Client, whether in hard
copy or magnetic media form. fie Client is authorized to use the copies
provided by Abonmarche only in connection with the Project. Any other use
or reuse by the Client for ony purposes vnratever unit be at The CIIenYs risk
and full legal responsibility, without liability to Abonmarche and The Client will
defend, indemnify, and hdd Abonmarche harmless from dl daims.
damages, losses, and expenses, Including attorney fees arising out of or
resulting there from.
13. Electronic Media. Copies of data, reports, drawings, specifications, and other
materials furnished by Abonmarche that may be relied upon by the talent
are limited to the printed copies (also known as hard copies) that are
delNered to The Client pursuant to the services under this Agreement.
Computer files of text, data, graphics, or of other types of electronic media
are the sole possession of Abonmarche, unless specifically stated otherwise In
an amendment To this Agreement. Any elechonic media provided under
this Agreement to the Client are only for the convenience of the Client. Any
conclusions or Information obtained or derived from such electronic files will
be at the user's sole risk.
14. Bonds and Permits. The Client will be responsible for the adoption of any site
access or right of way bonds that may be Inlflated on their behalf. At
completion of Abonmarche's seances, the Client will Coke responsibility and
pay any ongoing bond or permit costs for any bonded or permitted work.
15. Insurance. The Client will require the Contractor to purchase and maintain
general liability and other insurance as spec'rfied in the Conhact Documents
and to cause Abonmarche and Abonmarche's employees to be listed as
additional insured's with respect to such liability and other insurance
purchased and maintained by the Contractor for the Project.
16. Late Fee. Thirtl party Invoicing. If the Client directs Abonmarche to invoice
another party payers, Abonmarche will do so, but the Client agrees to be
ulflmately responsible for Abonmarche's compensation until the Client
provides Abonmarche with The Third party's written acceptance of all terms
of th's Agreement and until Abonmarche agrees to the substitution.
17. Stop Work. In oddition to any other remedies Abonmarche may have,
Abonmarche will have the absolute right to cease performance of any basic
or additional services in the event that payment is not made as provided or
otherwise agreed.
18. Notice of Lien Rights. Abonmarche hereby notifies, and the Client
acknowledges that Abonmarche has lien rights on the Client's land and
property when Abonmarche provides labor and materials for Projects on the
Client's land and the CIIenT does not pay for those services.
19. Legal Expenses. tf either the Client or Abonmarche makes a claim against
the other arising out of This Agreement, the prevailing party will be entitled to
recover reasonable expenses of litigation, including reosonable attorney's
fees. If Abonmarche brk~gs a lawsuit against the Gient to collect invdced
fees and expenses, the Client agrees to pay Abonmarche reasonable
collection expenses, Including attorney fees.
20. Indemnify. Abonmarche will defend, indemnHy, and hold the Client harmless
from any claim, liabil'rfy, or defense cost for Injury or loss sustained by any
party from exposures caused solely by Abonmarche's negligence or willful
misconduct. Client agrees to defend, indemnify, and hold Abonmarche
harmless from doim. liability, or defense cost for injury or loss sustained by any
party from exposures, caused solely by the Client's negligence or willful
misconduct.
21. Consequential Damages. The Client and Abonmarche waive consequential
damages for daims, disputes, or other matters In question relating to services
provided as a part of this Agreement, including for example, but not limited
to, loss of business.
22. Governing Law. This Agreement will be deemed to hove been made in St.
Joseph County, Indiana and shall governed by and conspired In
accordance with the laws of the State of Indiana.
23. Consitlerations. The, successors, executors, adminishators, and legal
representatNes of the Client and Abonmarche are hereby bound on to the
other with respect To The covenants, Agreements, and obligatbns of This
Agreement.
24. Acts of God. Neither The talent nor Abonmarche will have any liability for
nonperformance caused In whole or in part by causes beyond
Abonmarche's reasonable conhd. Such causes include, but are not limited
to, Acts of God, civil unrest and war, labor unrest and spikes, acts of
authorfties, and events that could not be reasonably antidpated,
25. Termination. Either the Client or Abonmarche may terminate this Agreement
by giving Ten (10) days written notice to the other party. In such on event,
the Client wAl pay Abonmarche In full for all work previously outhorzed an
performed prior to the effective date of the termination, plus (at the
discretion of Abonmarche) a termination charge to cover finalization of work
necessary to bring ongoing work to a logical conclusion. Such charge will
not exceed thirty (30) percent of all charges previously Incured. Upon
receipt of such payment, Abonmarche will return to the Client all documents
and Information that are the property of The Client.
End of Agreement
Amended 2/11/05 from
City of South Bend's Legal Department
Revised 05-15-03
Page 2 of 2
October 2009
City of South Bend
Sketch of Boundary
Airport Economic Development Area Page 1 of 3
APPENDIX A
WORK PLAN
PROJECT SCOPE:
The goal of this project is to create exhibit drawings which will allow City and County officials, as
well as others, to see the boundary of the AEDA relative to specific parcels of land.
SCOPE OF SERVICES:
Task #1: Sketch of Boundary
As discussed, the scope of services shall consist of the following:
a) Researching the existing plats and legal descriptions near the border of the AEDA;
b) Assembling plats, legal descriptions and creating exhibits
c) Preparing the Final Documents /Deliverables
Deliverables (24 x 36 and 1 1 x 17 format):
a) Overall map of the AEDA (to be used primarily for reference);
b) Detail drawings along the border of the AEDA to a scale to allow individual parcel
identification (approximately six maps). Attached is an example for reference.
ANTICIPATED SCHEDULE
PROPOSED COMPLETION SCHEDULE:
ABONMARCHE will begin work within two (2) business days after notice to proceed has been
provided and complete this assignment within 5 weeks. We anticipate the work to proceed as
follows:
Task Duration
Research 1 week
Exhibit Preparation 2 weeks
Draft for City Review 1 week
Deliver Final Documents 1 week
Engineers Architects Planners Surveyors
October 2009
City of South Bend
Sketch of Boundary
Airport Economic Development Area Page 2 of 3
APPENDIX B
SUMMARY OF FEES
Identified below is the not-to exceed fee amount based on our current understanding of the
project. We will invoice for only the actual time and material costs incurred. Please see
Appendix A-1 for a staff hour justification.
Task #1: Sketch of Boundary ........................................................................................................$ 4,400
TOTAL Lump-sum Fee ........................................................................................................................$ 4,400
F:\Proposals\P thru T\S\South Bend City\Airporf Economic Dev Area\Sketch of Boundary appendix lt}12-09.doc
Engineers Architects Planners Surveyors
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