HomeMy WebLinkAbout6A(1) Resolution No. 2670~~~,~
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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 & Board of Public Works
From: Bill Schalliol, Economic Development Planner ~~~~
Subject: Resolution 2760 & Addendum to Agency Agreement
Professional Services -Abonmarch Consultants
Jefferson & Niles Streetscape Modernization & Intersection Improvements
Date: April 19, 2010
As part of an on-going discussion concerning East Bank Village improvements, the
attached proposal from Abonmarch Consultants would provide the city with planning and
design services related to streetscape modernization and intersection improvements for
Niles Avenue from Jefferson to LaSalle and Jefferson Boulevard from the river to east of St.
Louis. The work scope proposed will provide planning and concept design for the above
listed area and then will provide construction design for the Jefferson Boulevard area.
This work is timely and necessary on a number of fronts. It was recently announced that
bikeway improvements will be made on Colfax across the river from Main Street on the
west to east of St. Louis and this plan will work to incorporate that work into the planning for
an intersection upgrade at Niles and Colfax. This work also will relate to needed parking
improvements along Niles Avenue and will coordinate will planning for the proposed
acquisition of the parcel at the southeast corner of Niles and Washington (the former
Troegger Sheet Metal site). Also, the construction design work will facilitate a construction
plan for work in the commercial blocks on Jefferson to allow for better traffic flow and
increased on-street parking.
The proposal for work is in a total amount of $120,000.00 and includes field survey,
preliminary design, final design, bid and construction services. It is estimated that a final
set of plans for Jefferson would be ready for bidding by late summer 2010.
Staff request Commission and Board of Works approval for this proposal.
What We Do Today Makes A Difference!
RESOLUTION N0.2670
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Jefferson & Niles Streetscape Modernization & Intersection Improvements)
WHEREAS, effective 3anuary 1, 2010, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission") and the South Bend Board of Public Works (the "BPW") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Jefferson & Niles Streetscape Modernization & Intersection Improvements to
the Master Agency Agreement by way of this Addendum.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Addendum to Master
Agency Agreement (Jefferson & Niles Streetscape Modernization & Intersection
Improvements) and hereby authorizes its execution in substantially the form attached
hereto with such changes as the Commission may deem necessary or appropriate upon
the advice of counsel, said execution thereof to be conclusive evidence of the
Commission's approval of such changes. The Clerk is hereby directed to file a copy of
the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
Apri123, 2010, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Jefferson & Niles Streetscape Modernization & Intersection Improvements)
This Addendum to Master Agency Agreement (this "Addendum"), made and
entered into as of the 26th day of April, 2010, by and between the South Bend
Department of Redevelopment, acting by and through its Redevelopment Commission
(the "Commission") and the City of South Bend, Indiana, a municipal corporation duly
organized and existing pursuant to the laws of the State of Indiana, acting by and through
its Board of Public Works (the "BPW") for purposes of the Commission designating the
BPW to act as the Commission's agent to undertake the Jefferson & Niles Streetscape
Modernization & Intersection Improvements (the "Project").
WHEREAS, effective January 1, 2010, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2010; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Jefferson & Niles Streetscape Modernization & Intersection Improvements to
the Master Agency Agreement by way of this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being more specifically described in "Exhibit A", attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Don Inks or Jeff Gibney is authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Carl Littrell, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
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Exhibit «A TERSE
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STg,EE ~MPgpVENIENTS ~_
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osal dated April l5' 201Q `~
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ABONAAARCHE
Confidence By Dealyn
ENGINEERING
ARCHITECTURE
MARINANVATERFRONT
SURVEYING
April 15, 2010
City of South Bend
Redevelopment Commission
County-City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
LANDSCAPE ARCHITECTURE ATTENTION: Mr. Bill Schalliol,
PLANNING Project Manager
75o Lincoln Way East RE: JEFFERSON BOULEVARD i NILES AVENUE
South Bend, IN 46601
T 574.232.8700 STREETSCAPE MODERNIZATION i INTERSECTION IMPROVEMENT
F 574.251.4440
www.abonmarche.com Propo:ol for D~slgn S~rvkes
FORT WAYNE, IN Dear Bill:
BENTON HARBOR, MI
MANISTEE, MI
Abonmarche Consultants is pleased to present this proposal to provide
engineering services for the project referenced above. We have
developed this proposal based upon our past meetings with you and
the Engineering Department.
We greatly appreciate the opportunity to submit our proposal and
look forward to working with you on this project. Our scope of services
and proposed work schedule are set forth in Appendix A, along with
the associated fees and schedule in Appendix B.
If our proposal is acceptable please sign and return one of the
enclosed standard agreements to authorize us to proceed. We thank
you for this opportunity to serve the City of South Bend. If you have
any questions or concerns, please do not hesitate to contact our
office.
Sincerely,
Abonmarche Consultants, LLC
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John W. Linn, PE,
President /CEO
April, 2010
Cify of South Bend
Jefferson Blvd. & Niles Avenve
Streetscape Modernization & Intersection Improvements Page 1 of 4
APPENDIX A
Work ~lon
The proposed project consists of the streetscape modernization and intersection
improvements along Jefferson Boulevard (from Niles Avenue to St. Peter Street) and
along Niles Avenue (from Jefferson Boulevard to East Washington Street). The
improvements will address curbs, approaches (and access improvements), traffic
channelization, sidewalks, signalization, lighting, landscaping, and other right of
amenities. The goal of this project is to reuse as much of the existing infrastructure as
possible.
New traffic signal mast arms will be installed along Jefferson Boulevard at the Niles
Avenue, Hill Street, and St. Louis Street intersections. Street lights will be consistent with
the theme established for the Jefferson Boulevard corridor. Deteriorated sidewalks will
be replaced and all ADA ramps will be updated to the current standards where
necessary. The existing drainage system will be maintained and catch basins installed
where necessary. The East Washington Street intersection curbing and bump-outs will
be adjusted for traffic flow.
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The scope of services proposed herein includes the design and development of bid
documents for the project and are further described as follows:
Task ~1: Fuld Survey (hoject Scope Area plus Niles Ave horn Wa:hin~ton to north of LaSalle):
a) Obtain recorded plats, deeds of all adjacent properties, and City construction
plans;
b) Obtain utility maps for all of the utilities in the existing right-of-way;
c) Establish the existing rights-of-way and set construction control lines. Witness
survey horizontal control points;
d) Run benchmark levels circuit setting temporary benchmarks no further than 500
feet apart;
e) Obtain location of existing manholes, storm water inlets, and water valves. Detail
measure existing manholes to get inverts and sewer sizes;
f) Locate existing utilities that are in the rights-of-way;
g) Obtain topographic data;
h) Plot survey.
Engineers Architects Planners Surveyors
April, 2010
City of South Bend
Jefferson Blvd. & Niles Avenue
Streetscape Modernization 8 Intersection Improvements Page 2 of 4
Task ~2: PreNmtnary Design:
a) Check plotting of field survey;
b) Plot Plan and Profile sheets;
c) Development preliminary typical section sheets;
d) Prepare City of South Bend Title Sheet;
e) Develop preliminary grades;
f) Layout improvements and street widening;
g) Design drainage improvements;
h) Develop preliminary design on Plan and Profile sheets 1" = 20';
i) Design approach street details at 1 " = 20';
j) Prepare preliminary maintenance of traffic;
k) Plot preliminary cross-sections;
I) Hold utility coordination meeting;
m) Develop preliminary cost estimate;
n) Design preliminary traffic signal layout;
o) Develop structure data and approach tables;
p) Prepare preliminary landscape amenities plan;
q) Submit three (3) sets of preliminary plans to the City for review;
r) Meet with the City to review the preliminary plans.
Task ~3: [Rnal Design:
a) Revise plans according to the City review;
b) Finalize lighting design and traffic signal plans;
c) Finalize plan and profile sheets;
d) Develop final details and maintenance of traffic;
e) Prepare special provisions;
f) Calculate project quantities;
g) Develop signage and pavement marking sheets;
h) Finalize landscape amenities plans;
i) Final bid proposal sheets;
j) Submit three (3) sets of final bid documents to the City for review;
k) Meeting with the City to discuss their review of the bid documents;
I) Revise the bid documents from the review and meeting;
m) Submit final bid documents to the City.
Engineers Architects Planners Surveyors
April 2010
City of South Bend
Jefferson Blvd. 8 Niles Avenue
Streetscape Modernization 8 Intersection Improvements Page 3 of 4
Task #4: Qid Period Services:
a) Attend pre-bid meeting;
b) Answer bidding questions;
c) Prepare necessary addendums to the bid documents;
d) Tabulate the bids and make a recommendation of contract award.
Task ~5: Constructoon Phase Servtces:
a) Attend the pre-construction conference;
b) Answer City and contractor questions from the field;
c) Review shop drawings;
d) Make periodic site visits;
e) Attend field progress meetings as required by the City.
Items furnished by the City ff necessary:
a) Geotechnical investigation;
b) Right-of-way engineering.
Engineers Architects Planners Surveyors
April, 2010
City of South Bend
Jefferson BNd. 8 Niles Avenve
Streetscape Modernization & Intersection Improvements Page 4 of 4
APPENDIX B
Fees for Services tr Schedule
Abonmarche will be paid the lump-sum amount of $120,000.00 for performing Tasks 1
through 5 as described in Appendix A. Abonmarche will invoice the City on a monthly
basis for the percentage completed for each task. The following are the fees for the
various tasks:
Task # 1: Field Survey ............................................................................................... $ 24,900.00
Task #2: Preliminary Design .................................................................................$ 45,700.00
Task #3: Final Design ............................................................................................ $ 42,400.00
Task #4: Bid Period Services .................................................................................. $ 2,500.00
Task #5: Construction Phase Services .................................................................. $ 4,500.00
TOTAL Lump-Sum Amount .......................................................................................$120,000.00
ANTICIPATED SCHEDULE
Task Esflmat~d Compl~fion TtrrM
Task # 1 Field Survey Within 45 days from Notice to Proceed
Task #2 Preliminary Design Preliminary draff within 75 days from
Notice to Proceed
Task #3 Final Design Within 45 days after the review
meeting of the preliminary plans
Task #4 Bid Period Services Within 7 days after bids are received
Task #5 Construction Phase Services Contractor construction period
NOTE: Tasks #2 and 3 are exclusive of the City's review time.
F:\Proposals\P tFvu T\5\SOUth Bsrid Clfy\Je}ferson Blvd\NNes Ave to st. Peter\appsndbc04-1 S10.doc
Engineers Architects Planners
Surveyors
The Abonmarche Group Professional Services Agreement
AGREEMENT between: Abonmarche Project Number:
Client Name CITY OF SOUTH BEND, REDEVELOPMENT COMMISSION Date 04/14/10
Client Address COUNTY-CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone 574-235-5842
SOUTH BEND, IN 46601
cell fax 574-235-9021 email hereinafter referred to as
CI'ient, and Abonmarche ConsuNanh of Indiana, LLC, referred to as Abonmarche, 750 Lincoln Way East, South Bend, Indiana, 46601.
The CI'ient contracts wffh Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Project Name STREETSCAPE MODERNIZATION 8 INTERSECTION IMPROVEMENTS
JEFFERSON BLVD. (NILES AVENUE TO ST. PETER STREET)
Project location NILES AVENUE (JEFFERSON BLVD. TO EAST WASHINGTON STREET)
The professiorxl services to be provided by Abonmwche, colectively referred to as the RoposaVWark Plan dated 04/15/ 10 is as follows:
Project scope PROFESSIONAL SERVICES AS OUTLINED IN APPENDIX A
Project Schedule DETAILED IN APPENDIX B
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: ~ 120,000.00 AS SHOWN 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 ff 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
Client has designated MR. BILL SCHALLIOL 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 GuaranMe of Paymerd: 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 uDOn the third day offer being deposited into first class cRrtifitatl mnil nnc4nno nronnirl rw+~ ,.., rornin+ ~e.,, ,e~i~
Authorized
CITY of SOUTH BEND
Client REDEVELOPMENT COMMISSION ABONMARCHE CONSULTAMS of INDIANA, LLC
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Printed Printed
Name Name JOHN W. LINN, PE
Title Title PRESIDENT /CEO
ATTEST:
Signature originating
Office ABONMARCHE CONSULTANTS, LLC
Printed 750 LINCOLN WAY EAST
Name SOUTH BEND, IN 46601
Date Date
Signed Signed
F:\Pro sail\P thru T\S\South Bend Ci \Jefferson Blvd\Niles Ave to St. Peter\PSA 04-15-10.doc
COSB Reviewed 03/08/06 Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
1. Agreenserrf. TM CRer11 may aAhorme AborlrtarcM ro proceed with work
e1M1er by sTgrlAlg a Professlond Servkxs Agresrrlent a by Iswing an
advlaMedgenlenf, car11Yn1otbn, purchase ceder, a other eorrrrwrYcatkn.
Regardbs of the mettlod used, these Terms a1d CondlAorn shaA be
kaorpororod by reference and shd prevd as 1M basb of ifle CFknt's
AQeertrerlt ro Abomlache. Any CNsr1r document a communicalkn h
addlllon ro a h contlct wnh theses Tema and Condltbrls shaA be
Albordtlate and subject ro tflsse provbbm.
2 Execullen. Aborrrlache has the option to render TNs AgeemenT rxA and
veld, K R b r1W executed 1vMFrh thtty j3oJ days of dspvery.
3. CTIeM Respomlbrlles. Tf1s CAsr1T wll provide d alterks and IMomatlon
concerrYrlg the requterrlerth of 1M Project.
4. tMlanlanoe. TM standard d aces fa services performed by a provided by
Abormadle 1M~ be file taro and s141 adnarAY used by AbonmacM's
profession praeRetlg under sYnla dreumtances of the sane time and h 1M
same locdlty.
5. Hourly BMIYrg Riles. UrYes stlpUafed otherwise, the CAent vaAl compensate
AbomlaeM of the curenT houAy bung rotes, h place when the services
ors provided ny Aboranache.
6. ReimburwbN Expenses. Relmbursabb expenses, the actual costs Intoned
directly a hdrecRY fa 1M giant's Reject, vA be cfargsd at AbonmacM's
current rates. ExarTrpst of h-house reknbusable experuss hdude, bvf ere
rat ArWrod ro: Rlleagl, tests and andysss, special equipment seMces,
postage and delNery charges, telephone a1d telefaz charges, copy4p,
prlntlrlg, ants bYWhg darges. Ouhkfe retnbusable expenses w/ be
charged on tM basis of tM actual costs tknss a tacta of 1.15. Exanpss of
outskie reYrlburaable sxperlsss hduds, but ere not IknMsd to: commercid
halsportafkn, Subconhactas, mods. kldgkp, specid fees, ikenses, pertnRs,
and outskte tsdlrYed a professlorrd servkes.
7. AddMbnal Servkes. AddfHoral sarvkes that may bs provded pursuant ro the
Agreement a any subsequent modlAcaTlon of Ilte Agreement wAl bs
autllorlred, when posslde, by written amendment signed on bshdf of 1M
gkr1T a1d AbOrlrrtareM. Add8rorld services, performed by AbonmareM aro
subject ro d Terms arw Condttbrls and the Glsnt w11 be responsible 1a
payment. ShoukJ the picot, regulatory agency, a any pudk body a
hspscror direct rrlodlBCatlon a addRlon ro work covered by fhb Agroement,
the cost wM be added ro tt1e agreed price. Verbd requests fa exha work
should bs made h wrltklg via a change ceder, but node 1M bs,
AbomlaeM b enMtled to bs paid for sxtro work provided wMther h b h
wrMhg a not.
8. UrWergreund Structures a BuNd I1BNIes. AbonnwcM wAl use publk umny
IocaAon servkes wMro avdade ro pertorm mb servke. fie picot b
respOrlsble fa IdsnlMeatlon and locaibn oT d pubAe a1d private burbd
siruchxes on TM picot's property and iM Project sRe, such as but not Iknlfed
to storage talks a1d Ik1ss, a gas, wafer, sewer, elechrcd, phone, cable, a
any ottlsr publk a prNate utttMes. Abonmachs wN take reasonable eas to
ovoki such structures but wR noT bs rospomsbte fa acciderltd damage to
utMAes a structures that wen not spectAcdy a eNaty located by the Clem
a fa danages a tosses ewhMSd by third pestles related heroto.
9. SRe Access and SecaHy. YVRt1 the excepkn of asses rights that land
surveyors aro afforded by law. M1s CNent wAl provide AbonmarcM aces to
1M Project site and The CASM vA bs rosporlslbls fa obtofrling any nscessay
pemlbskxl /tom any affected B1td perry property owners to use of that
lands. Tt1e Clkrlt b solely resporlslbte fa site sec~Y.
10. Subeontraetas. AbonmacM may engage Sutxontraetorls- on behalf of iM
picot to perform any portion of 1M servkes to bs provided by AbonmarcM.
11. Options of Cost. My ophbns of probable conskuctkxl cost and/a told
project cost provld W by AbarnareM w11 be on Tr1s bash oT experience and
Judgment, but B1sse aro only esllmates, AbonnlacM does not waranl that
olds a u11YraM construetlon a told project cosh wB not vary from such
ssthlates.
12. Ownership of work Product. AborrnaeM wi romdn tM owner of d orplnal
drawkps, roports, a1d other materials provided ro the Clent, wMthsr h hard
copy a magnetk media form. TM CAent b auMlahsd to use the eopbs
provided by AbonmarcM only h carlectkn with the RoJecf. Any otMr use
a reuse by 1M Clent fa any purposes whatever wD be aT 1M Client's risk
and M opal rosporolbAny, wlMlout 1ksbARY ro AbonrtarcM and 1M Client vAA
dsfend, hdemnMy, aW hold AbonmacM tamYess from d daMns.
damages, losses, and expenses, hcludhg affaney tees arising out of a
rosullhg tfvsro from.
13. Hecfrorric Mello. Copies of daro, roports, drawhgs, spsclAcaflaru, and other
maMAds hrrrlbrled by AbonmarcM that may be rolled upon by iM Gbnr
ere Iknlfed ro tM printed copies jdso known as had eopbs) that ere
deMered ro tM Client pursuant to The ssrvkes under fhb Agreement.
computer 11es or text, data, Paphles, a of oM1er types or elechonk media
ere 1M sole possessbn of Abomlache, unless spseMedy stated otherwise h
err ameMJrlent ro fhb Agreement. My elschonk media provided under
tl1b Agreement ro tM Clem ere any fa tM eonvenbrae of tM Clent. Any
conclusions a hfomtallon obtaklsd a derived from such elechonk PASS wiA
bs at the user's sole risk.
14. Bonds a1d Perrrrhs. Ttrs CNent wR be responsible fa ills adoption of any sire
access a right of way bonds that may be kdtlated on Thek behdf. AT
compktkn of Abonmarchs's servkes, 1M Clbnr vv1A take responsA~Alty and
pay any ongolrp bond a psm1R costs fa a,y bonded a pertnMted work.
15. ifrtd pay hvokhg. If The Client drech AbonmacM ro hooks older party
payers, AbonmacM vvB do so, but iris gisnt ogress to be unimatety
rosporlslWs fa AbonmareM's compensaTlon un1A the gbni provides
AbomlacM wHh tM Thtd pay's written acceptaae of d terms of fhb
Agreement and unTA AbonmacM agrees fo the substlTutlon.
16. Stop Work. h addMon to any otMr renledes Abamadle may have,
Aborrrlacfle w• have 1M dxdute right ro cease psrtomlarlce of arty bask
a oddlbnal servkes h the event that payment b not made as provided a
otflerwbe agreed.
17. legal Expemes. M e1111er the Clent a Abomlache makes a daM agahst
tfle other abtp out or this Agreement,lM provaNrlp party wR be enlMbd to
recover roasalrble expenses of Itigallon, hdudrlg reasonable atfomey's
fees. M AbOlerlactle brklgs o successful lauvstrll agdnst 1M qkM to co/ect
hooked fees and expenses, 1f1e glenT agrees ro pay Abonmadle
reasonable eoBeetbn experues, hdudYlg attorney tees.
18. ArbRraRon. Any ddm5, eounterddms, dbpubs, and oM1er matters h question
between 1M partbs abhg out of a ralalYlg ro tM Agreement a iM breach
thereof wi be submMted to Arblhalbn h Tt1e City of South Berta, Indana h
accordance vAlh 1M R1Aes of 1M Amerkan Arblhation Association. TM
award of 1M ArbBrata tap be ihd and bkWhg on the paths. Judgrnsnt
upon any awad rerldsrect maybe enMred h any court havkp Jurbdclbn.
19. IndemNly. AbomlacM volt defend, hdemnMy, and laid TM gierlt hambs
from arty clatrl, Aabtly, a defense cost fa kr-ury a loss susrohed by any
party from expowres caused by AbonmacM's rlsgAgsnce a w~t1A
misconduct. CRenT ogress ro defend. indemnity, and hold AbonmacM
flarnYest fa a1y daM. BabAlty, a defense cost for hMY a loss suslahlsd by
a1Y PaM horn exposures aAegsdy caused by Abonrtlache's psr-onnance
Ot services hereurWer, except fa hkeY a loss caused by 1M negligence a
wMul mbealdrx.K of Abonmardls.
Z0. Consegwrl~l Damages. TM CAenT and AbonmacM waNS eorlssqusMld
damages to dakm, disputes, a other matters h qusstkn relathg ro servkes
provkisd as a part of fhb Agreement. Includklg to exanpb, but not Itrnlfed
to, loss of bushes.
21. GovernNp law. TNS Agreement wR be deemed ro rave been made h Sr.
Joseph County, Irldana and shaA govern by and corsshusd h accordance
1vRF11M laws of 1M State of Irldlarla.
22. ConslrNraRons. TM, wccessors, executors, admhbfrators, and legd
representatNes of 1M gbnt and Abonmadls as h.roby bound on ro tM
OTrMf wall re5peC1 TO Tr1e COVenanh, Agreemenh, and Obligdbm Of 11115
A¢esmenl.
Z;i. Ads of God. Neflrler 1M glsnr tar AbonmarcM wM have any NabMtty fa
nonperformance caused h whole a h part by causes beyond
Abonrtlache's reasonable calhd. Such causes kalude, but ae not IY11Hed
to, Ash of God, dvA arrest and wa, lobes arrest a1d sirMces, ash of
authalMes, and wsnh that Could nor bs reasonably antklpated.
24. Terminalbn. EHf1er 1M picot a AbonrtracM may temltate thb Agreement
by gNk1g ten (10) days written notke to the otMr party. B CAent tertnklafes
this Agroemsnt, the CASM wIA pay AbanmacM h M fa d work proviously
auttarhsd an pertortned prbr to tM stfedlve date of the tamklatlon, pus
(at Tt1e dbaetion W Abonmache) a tertnklanon charge ro cover lhdizatron
of work necessary to bring ongoing work ro a ogled conduskn. Such
charge w/ not exceed trlkTy 130) peroent of dl chages provbusly hcurred.
Upon receipt of such payment, AbonmacM wAl reMn to 1M Ciient d
documenh and hfomwtlon that are the property of 1M pool.
End of Agreement
Reviewed by City of South Bend Legal Department
03/08/06
COSB Reviewed 03/08/06 Page 2 of 2