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SOUTH B
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Community & Economic Development ~~~~._;
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: December 15, 2009
Attached is a proposal from The Abonmarche Group to provide additional survey services
to develop a complete legal description for the Airport Economic Development Area
(AEDA). Staff had presented a proposal in October to get this project started to correct and
clarify legal descriptions of the new AEDA that was merged with the Sample-Ewing
Development Area (SEDA) in 2007. Abonmarche has encountered several issues with the
legal and additional funding is to complete the work.
The original proposal was anot-to-exceed contract amount of $4,400.00. This additional
services requests would be for $3,500.00 and extend the contract to $7,900.00. Staff
requests approval of the proposal.
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The Abonmarche Group Professional Services Agreement
AGREEMENT between: Abonmarche Project Number:
Client Name CITY OF SOUTH BEND, REDEVELOPMENT COMMISSION Date
Client Address
cell
COUNTY-CITY BUILDING, ROOM 131 b, 227 WEST JEFFERSON BLVD.
SOUTH BEND, IN 46601
Phone 574-235-9251
fax 574-235-9171 email
hereinafter referred to as
Client, and Abonmarche Consultants of Indiana, LLC, referred to as Abonmarche, 750 Lincoln Way East, South Bend, Indiana, 46601.
The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Project Name AIRPORT ECONOMIC DEVELOPMENT AREA (AEDA)
PrniPCt I arntion
The professional services to be provided by Abonmarche, collectively referred to as the Proposal/Work Plan dated
Project Scope PROFESSIONAL SERVICES AS OUTLINED IN APPENDIX A
Project Schedule SCHEDULE IN APPENDIX A
12/15/09 is as follows:
The Client agrees to promptly pay for services provided by Abcnmarche for the Scope of Work according to the following:
Amount of: $ 3,500.00 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 (l Oj days of its receipt. If no objection is made or question noted within the ten (l O) day period, any
such question or objection shall be deemed waived. Each Abonmarche invoice will be due and payable immediately upon receipt. The
Client has designated MR. BILL SCHALLIOL, 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
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
CITY of SOUTH BEND
Client REDEVELOPMENT COMMISSION
Signature
Printed Name
Title
ATTEST:
BOARD of COMMISSIONERS:
Signature
Signature
Signature
Signature
Date Signed
F:\Proposals\P thru T\S\South Bend Cit \Air ort Economic De
Authorized Abonmarche Representative
Signature
Printed Name
Title
Originating
Office
Date Signed
Area\AEDA
W
HN W. LINN, PE
PRESIDENT /CEO
ABONMARCHE CONSULTANTS of
INDIANA, LLC
750 Lincolnway East
South Bend, IN 46601
12-15-09.doc
COSB Reviewed 03/08/06 Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
1. Agreement. The Client may authorize Abonmarche 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 basis of the ClienPs
Agreement to Abonmarche. Any Client document or communication in
addition to or in conflict with theses Terms and Conditions shall be
subordinate and subject io these provisions.
2. Execution. Abonmarche has the option to render this Agreement null and
void, if it is not executed within thirty (30) days of delivery.
3. Client Responsibilities. The Client will provide all criteria and Information
concerning the requirements of the Project.
4. Pertormance. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmarche's
profession practicing under similar circumstances at the sums time and In the
same locality.
5. Hourly Billing Rates. Unless stipulated otherwise, the Client will compensate
Abonmarche at the current hourly billing rates, in place when the services
are provided by Abonmarche.
b. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or Indirectly for the Client's Project, will be charged ai Abonmarche's
cu«eni rates. Examples of in-hours reimbursable expenses include, but are
not limited to: mileage, tests and analyses, special equipment services,
postage and delivery charges, telephone and telefax charges, copying,
printing, and binding charges. Outside reimbursable expenses will be
charged on the basis of the actual costs limes a factor of I.15. Examples of
outside reimbursable expenses include, but are not limited to: commercial
transportation, Subcontractors, meals, lodging, special fees, licenses, permits,
and outside technical or professional services.
7. Additional Services. Additional services that may be provided pursuant to the
Agreement or any subsequent modification 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 responsible for
payment. Should the Client, regulatory agency, or any public body or
inspector direct modification 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 paid for extra work provided whether it is in
writing or not.
8. Underground Structures or Buried Utilities. Abonmarche will use public utility
location services where available to perform this service. The Client is
responsible for identification and location of all public and prvate buried
structures on the Client's property and the Project Site, such as but not limited
to storage tanks and lines, or gas, water, sewer, electrical, phone, cable, or
any other public or private utilities. Abonmarche will fake reasonable care to
avoid such structures but will not be responsible for accidental damage to
utilities or structures that were not specifically or clearly located by the Client
or for damages or losses claimed by third parties related hereto.
9. Site Access and Security. With the exception of access rights that land
surveyors are afforded by law, the Client will provide Abonmarche access to
the Project site and the Client will be responsible for obtaining any necessary
permission from any affected third party property owners for use of their
lands. The Client is solely responsible for site security.
10. Subcontractors. Abonmarche may engage Subconiracforjs) on behalf of the
Client to perform any portion of the services to be provided by Abonmarche.
11. Opinions of Cosf. 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 wanant that
bids or ultimate construction or total project cOSts will not vary from such
estimates.
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. The Client is authorized to use the copies
provided by Abonmarche only in conneciicn with the Projecl. Any other use
or reuse by the Client for any purposes whatever will be at the Client's risk
and full legal responsibility, without liability to Abonmarche and the Client will
defend, indemnify, and hold Abonmarche harmless from all claims,
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
mcterials furnished by Abonmarche that may be relied upon by the Client
are limited io the printed copies (also known as hard copies) that are
delivered 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 Aareemenf. Any electronic 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. Ths Client will be responsible for the adoption of any site
access or right of way bonds that may be initiated on their behalf. At
completion of Abonmarche's services, the Client will take responsibility and
pay any ongoing bond or permit costs for any bonded or permitted work.
15. Third party Invoic(ng. If the Client directs Abonmarche to invoice Other party
payers, Abonmarche will do so, but the Client agrees to be ultimately
responsible for Abonmarche's compensation until the Client provides
Abonmarche with the third party's written acceptance of all terms of this
Aareemenf and until Abonmarche agrees to the substitution.
16. Stop Work. In addition 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.
17. legal Expenses. If 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 reasonable attorney's
fees. If Abonmarche brings a successful lawsuit against the Client to collect
invoiced fees and expenses, the Client agrees to pay Abonmarche
reasonable collection expenses, including attorney fees.
18. Arbitration. Any claims, counterclaims, disputes, and other matters in question
between the parties arising out of or relating to the Agreement or the breach
thereof will be subm~dfed to Arbitration in the City of South Bend, Indiana in
accordance with the Rules of the American Arbitration Asscciaiion. The
award of the Arbitrator will be final and binding on the parties. Judgment
upon any award rendered may be entered in any court having jurisdiction.
19. Indemnity. Abonmarche will defend, indemnify, and hold the Client harmless
from any claim, liability, or defense cost for injury or loss sustained by any
party from exposures caused by Abonmarche's negligence or willful
misconduct Client agrees to defend, indemnify, and hold Abonmarche
harmless for any claim, liability, or defense cost for injury or loss sustained by
any party from exposures allegedly caused by Abonmarche's performance
of services hereunder, except for injury or loss caused by the negligence or
willful misconduct of Abonmarche.
20. Consequential Damages. The Client and Abonmarche waive consequential
damages For claims, disputes, or other matters in question relating io services
provided as a part of this Agreement, including for example, but not limded
to, loss of business.
21. Governing Law. This Agreement will be deemed to have been mode in St.
Joseph Ccunty, Indiana and shall govern by and construed in accordance
with the laws of the State of Indiana.
22. Considerations. The, successors, executors, administrators, and legal
representatives of the Client and Abonmarche are hereby bound on to the
other with respect to the covenants. Agreements, and obligations of this
Agreement.
23. Acts of God. Neither the Client nor Abonmarche will have any liability for
nonperformance caused in whole or in part by causes beyond
Abonmarche's reasonable control. Such causes include, but are not limited
tc. Acts of God, civil unrest and war, labor unrest and strikes, acts of
authorities, and events that could not be reasonably anticipated.
24. Termination. Either the Client or Abonmarche may terminate this Agreement
by giving ten (lO) days written notice to the other party. If Client terminates
this Agreement, the Client will pay Abonmarche in full for oil work previously
authorized an performed prior to the effective date of the termination, plus
(af the discretion of Abonmarche) a termination charge fo cover finalization
of work necessary to bring ongoing work to a logical conclusion. Such
charge will not exceed thirty (30I percent of all charges previously incurred.
Upon receipt of such payment, Abonmarche will return fo the Client all
documents and information that are the property of the Client.
End of Agreement
Reviewed by City of South Bend Legal Department
03/08/06
COSB Reviewed 03/08/06 Page 2 of 2
December 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 additional exhibit drawings which will allow City and County
Officials, as well as others, to see 'recent' expansions to the boundary of the AEDA (including the
former SEDA and Portage Prairie) relative to specific parcels of land. These areas will be added
to the boundary sketch of the (2007) AEDA area and recently prepared by Abonmarche
Consultants.
SCOPE OF SERVICES:
Task #1: Sketch of Boundary for the AEDA Recently Expanded Areas
As discussed, the scope of services shall consist of the following:
a) Researching the existing plats and legal descriptions near the border of the
recently expanded areas to the AEDA;
b) Assembling plats, legal descriptions, and creating exhibits;
c) Amending previous report and preparing the final amended documents
deliverables.
Deliverables (8-1 /2 x 1 1 format):
a) Overall map of the AEDA with expanded areas (to be used primarily for reference);
b) Add additional detail drawings for the border of the AEDA recently expanded areas
to a scale to allow individual parcel identification (approximately 5 additional
maps).
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 five (5) weeks. We anticipate the work to
proceed as follows:
Task Duration
Research
Exhibit Preparation
Draft for City Review
Deliver Final Documents
1 week
2 week
1 week
1 week
Engineers Architects Planners Surveyor s
December 2009
City of Soufh 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 (and amended)
understanding of the project. We will invoice for only the actual time and material costs
incurred. Please see Appendix A-1 for a staff hourjustification.
Task #1: Sketch of AEDA Recently Expanded Areas ................................................................$ 3,500.00
TOTAL Not-to-Exceed Fee ........................................................................................................ $ 3,500.00
f:\Proposals\P ihru T\S\Soufh Bend City\Airport Economic Dev Area\Sketch of AEDA exp areas appendix 12-I S-09.doc
Engineers Architects Planners Surveyors
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