HomeMy WebLinkAbout6E(9) Resolution No. 2683G~ Ii)
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Community & Economic Development ``~~~~~=~l
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 ~~ ~-
J
Subject: Resolution 2683 & Addendum to the Agency Agreement
Brick Road-Dylan Drive Intersection Improvement Study
Professional Service Proposal -The Abonmarche Group
Date: May 18, 2010
Attached to this staff report is Resolution 2683 and an Addendum to the Master Agency
Agreement between the Commission and the Board of Public Works. Resolution 2683 and
the addendum relate to the Brick Road-Dylan Drive Intersection Improvement Study. The
Brick Road-Dylan Drive Intersection Improvement Study is part of a master planning and
design development effort related to the US 31 Industrial Park, Phase 2, Portage Prairie,
and the proposed 60 acre development in the northeast quadrant of land at Cleveland and
Mayflower. A map of the project area is attached to this report.
Attached to the addendum as an exhibit is a professional services proposal from The
Abonmarche Group for the professional and conceptual design services related to the
relocation of the Brick-Dylan intersection. The proposal amount for the professional
services is $14,900.00. Approval of the professional services proposal will be done by the
Board of Public Works.
Staff requests approval of this resolution and addendum.
What We Do Today Makes A Difference!
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RESOLUTION NO. 2683
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Brick Road-Dylan Drive Intersection Improvement Study)
WHEREAS, effective January 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 Brick Road-Dylan Drive Intersection Improvement Study 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 (Brick Road-Dylan Drive Intersection Improvement Study) and
hereby authorizes its execution in substantially the foi-~n 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 ?. 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 cant' out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
May 21, ?010, 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
(Brick Road-Dylan Drive Intersection Improvement Study)
This Addendum to Master Agency Agreement (this "Addendum'"), made and
entered into as of the 24th day of May, 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 Brick Road-Dylan Drive
Intersection Improvement Study (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 Brick Road-Dylan Drive Intersection Improvement Study 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 Connnission 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
Exhibit "A"
BRICK ROAD-DYLAN DRIVE INTERSECTION IMPROVEMENT STUDY
See Attached Proposal from The Abonmarche Group
.:
~~ The Abonmarche Group Professional Services Agreement
AGREEMENT between: Abonmarche Project Number:
Client Name CITY OF SOUTH BEND, REDEVELOPMENT COMMISSION Date 04/19/10
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
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 BRICK ROAD-DYLAN DRIVE INTERSECTION IMPROVEMENT STUDY
Project Location SOUTH BEND, INDIANA
The professional services to be provided by Abonmarche, collectively referred to as the Proposal/Work Plan dated 10/21 /09 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: $ 14,900.00 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 CI ient 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
Client has designated MR. BILL SCHALLIOL as its Representative. The Representative will have the
authority to execute a ny d ocuments p ertaining to this A greement o r a mendments t hereto, a nd f or the approval o f al I c hange o rders,
addenda, and additional services to be p erformed 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 bel ow I acknowledge that I have received and agree t o 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 nr_ lce or other communications shall be in writing and shall be considered to have been duly given when personally
delivered or upon. tl = ~-'r 1 ~ ter bein deposited into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Re resentative Authorized Abonmarche Re resentative
CITY of SOUTH BEND
Client REDEVELOPMENT COMMISSION ABONMARCHE CONSULTANTS of INDIANA, LLC
~~-~~= l~~ u -=~-
~~
Signature Signature ;~
Printed Name Printed Name JOHN W. LINN, PE
Title Title PRESIDENT /CEO
ATTEST:
originating 750 LINCOLN WAY EAST
Signature office SOUTH BEND, IN 46601
Printed Name
Date Signed Date Signed April 19, 2010
F:\Pro osals\P thru T\S\South Bend Cit \Niles Ave Streetsca e\P SA 10-22-09.doc
COSB Reviewed 03/08/06 Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
1. Agreement. T he C Rent m ay authorize Abonmarche t o pro teed with w ork
either b y signing a Profession at Services Agree merit or by Issuing an
acknowledgement. con(irmol6on. purchase order, or other communication.
Regardless of the method used. these T erms and Con ditlons shat I be
incorporated b y re ference and sha II p revolt as the basis of the Client's
Agreement to Ab onmarche. Any C Rent datum ent or co mmunicatfon In
addition to or in c onflict with T hews T erms and Condit Ions shat I be
subordinate and subject to these provisions.
2. Execution. Abonmarche has t he op Lion T o render this Agreement nu II and
void. I( It is not executed within thirty 130J dogs of delivery.
3. Client Responsibilities. The C11en1 w ill pr ovide a II crlt erla a rid Inform atlon
concerning the requirements of the Protect.
4. Pertormance. The standard of care f or services performed by or provided by
Abonmarche w 111 b e the care and skit I ordlnari ly use d by Abonm arche's
profession practicing under similar circumstances of the same time and in the
same locality.
5. Hourly BIIIing Rates. Unless stipulated otherwise. the Cllentwlllcompensate
Abonmarche at the cunent hourly billing rates, In pl ace when the services
are provided by Abonmarche.
b. Reimbursable Expenses. Reimbursable a xpenses, the ac lust cos is Incurred
directly or Indirectly for the Client's ProJeci, will be charged at Abonmarche's
cunent rates. Examples of in-house reimbursable expenses i nclude. bu t are
not I Imlted to: m ileage, tests and an alyses, special equi pment services ,
postage and d elivery c harges, telephone and telefax c harges, c opying.
printing, and binding charges. Ou aside rei mbursable ex penses w III be
charged on the basis of the actual costs times a fat for of t .15. Examples of
outside ream burnable expenses Inc Jude, bu t are no t I Imited to: comm erclal
transportation, Subconfractors, 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 an y subsequent m odificatlon of the Agr Bement w 111 be
authorized, w hen possible, by written a mendment signed o n beha If of the
Client and Abonmarche. Additional services, performed by Abonmarche are
subject to ai I T erms and Condl bons and 1 he Client w III be responslbl a for
payment. Shaul d t he C Rent, regul story agent y, or any public body or
Inspector direct modiFlcatlon or addition to work covered by this Agreement,
the cost will be ad ded to the agreed price. Verbal requests for ex ha work
should be made I n w riling via a c hhnge order, but none the I ens.
Abonmarche Is entitled t o be paid for extra w ork provided w hehher I t Is in
writing or not.
8. Underground Shuctures or Buried Utilities. Abonmarche will use public utility
location services w here avail able t o perorm this service . T he CI lent Is
responsible for id entlflcatlon and location of al I pub Iic and prlva to burled
structures on the Client's property and the ProJeci site, such as but not Ilmited
to storage tanks and Ilnes, or gas, w ater, sewer, electrical, phone, cable, or
any other public or private utilities. Abonmarche will take reasonable care to
avoid such structures but will no 1 be respo risible f or 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. Slie Access and Security. Wlih the excep flan of access righ is that I and
surveyors are afforded by law, the Clleni will provide Abonmarche access t o
ttre Protect site and the Clleni will be responsible for obtaining any necessary
permission from any affec fed third pa rty grope rty ow Hers f or use of their
lands. The Client Is solely responsible for site security.
10. Subconhactors. Abonmarche may engage Subconfractor]s) on behalf of the
Clleni to perform any portion of the services to be provided by Abonmarche.
1 I . Opinions of Cost. Any opinions o f grab able c onsfructlon c osf and /or total
protect cost provided by Abonmarche will be on the basis of experience and
Judgment, but these are only estimates. Abonmarche does not wanant that
bids o r u Itlmate c onsfrucflon o r total p roJect c ants w III n of v ary from s uch
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 m agnetic media form . T he C (lent is au ihorized to use i he copies
provided by Abonmarche only In connection with the Protect. Any other use
or reuse b y the CI lent for any purposes whatever will be a 1 the CI tent's risk
and full legal responsibility, without liability to Abonmarche and me Client will
defend, inde mnify, and ho Id Abonm arche har miens from a II c lalms,
damages. losses. and expenses, Inc luding a tiorney fees a rising out of or
resulting there from.
13. Electronic Media. Copies of data, reports, drawings, speclficatlons, and other
materials furnlshe d by Abonm arche that may be re lied upon by the CI lent
are limited to the printed copies ]also know n as hard cagiest that are
delivered t o the CI lent pursuant to the services under t his Agreem Brit.
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. An y el ecfronlc m edla provided under
this Agreement to the Client are only for the convenience of the Client. Any
conclusions or infor motion obtained or derived from such electronic files will
be ai the user's sole risk.
14. Bonds and PennMs. The Clleni will be re sponslble for the adoption of an y site
access or righ 1 of way bonds that m ay be ini tinted on their behalf. A i
completion of Ab onmarche's services. the Client will take responziblllty and
pay any ongoing bond or permit costs for any bonded or permitted work.
15. Third party Invoicing. If the Client directs Abonmarche to Invoice other party
payers, Ab onmarche w III do so. bu t the CI Tent a green to be ul tlmately
responsible for Abonm arche's co mpensation un 111 1 he C Rent provides
Abonmarche w fah the third p arty's w ritten acceptance of all t erms of this
Agreement and until Abonmarche agrees to the substitution.
16. Stop Work. In add ltfon to any other r emedies Abon marche m ay have,
Abonmarche will have the absolute right to cease performance of any basic
a atldnional 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 c laim against
the other arising out of this Agreement, the prevailing party will be entlfletl to
recover reasonabl a expenses of INigafion. Intl uding reaso noble ai torney's
fees. If Abonmarche brings a successful lawsuit against the Client to collect
invoiced fees and expenses, the Client ag rees to pa y Abonm arche
reasonable cdlection expenses. including attorney fees.
16. Arbitaton. 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 sub miffed to Arbitration In the City of S outh Bend, Indiana In
accordance w Bh the Ru les of the A merican Arblt radon Associa Tlon. The
award of the Arbitrator will be trial and binding on i he parties. Judgm ent
upon any award rendered may be entered in any court having Jurisdiction.
19. Indemnity. Abonmarche wRl defend. Indemnify. and hold the Client harmless
from any c Iaim, liability, or d etense c osf for InJu ry or I osz su stained b y any
party from exposur es caused by Ab onmarche's neg Iigence or w Illful
misconduct. CI lent agrees to defend, inde mnlfy, and ho Id Abonm arche
harmless for any cl aim, liability, or d etense c osf for InJu ry or loss sustained by
any party from exposures allegedly caused by Ab onmarche's performance
of services hereunder. except f a 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 {n question relating to services
provided as a par t of this Agreement, Including for example, bu t not I imited
to, loss of business.
21 . Governing Law. This Agreement will be dee med to h ave been m ode in 51 .
Joseph County. Indiana and shall govern by and construed in ac cordance
with the laws of the State of Indiana.
22. Considerations. The, successo rs, execu tors, adm Inlsfrators, and legal
representatives of the Client and Abonmarche are hereb y bound on to the
other w ith respec 1 to the coven ants. A greements, and obi igatlons o f this
Agreement.
23. Acts of God, Nelt her the Client nor Ab onmarche w ill have any I lability f or
nonpertormance c aused In whole or In par t b y c cruses bey and
Abonmarche's reasonable control. Such causes Inc Jude, but are not Ilmited
to, Ac is of God civl I unrest and war, labor unrest and strikes, acts o f
authorities, and events that could not be reasonably anilcipated.
24. Termination. Either the Client or Abonmarche may terminate this Agreement
by giving ten (la) days written notice To the other party. If Client terminates
this Agreement, the Client will pay Abonmarche In fu II for al I work previously
authorized an performed prior to the effective date of the termination, plus
(at the discretion of Abonm arche) a termination charge to cover Flnalizailon
of w ork necessary to bring on going w ork to a I ogicat co nclusion. Such
charge will not exceed t hirty (30) percent of al I charges previously incurred.
Upon recelp t o f such pay merit, Abon marche will ref um to the CI tent al I
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
April 2010
City of South Bend
Proposal for Engineering Services
Brick Road -Dylan Drive Intersection Improvement Study Page 1 of 4
APPENDIX A
WORK PLAN
PROJECT SCOPE
The goal of this project is to improve access from Cleveland Road onto Brick Road and
into the US 31 Industrial Park/Portage Prairie Project (Dylan Drive). These improvements
may i nvolve minor roadwa y r e-alignments, a dditional lanes , and i ntersection re-
configurations.
SCOPE OF SERVICES
The proposed project consists of developing design concepts for improving the flow of
traffic t hrough t he Cleveland Road/Brick Road/Dylan Drive intersections. We will als o
consider other traffic issues slightly outside the study area, such as existing traffic signals
and Mayflower Road issues. The anticipated work elements are as follows:
Task #1: Design Development:
a) Obtain recorded pl ats, dee ds of all adja cent properti es, and Ci ty
construction plans;
b) Obtain utility maps for all of the utilities in the existing right-of-way;
c) Prepare base maps from City GIS aerial data.
d) Develop two or more preliminary alignment routings;
e) Layout added lanes;
f) Layout intersection geometrics;
g) Meet with the City to review the Preliminary layouts;
h) Conceptual drainage design;
i) Development preliminary typical section sheets;
j) Develop Right-of-Way plan for Concepts;
k) Develop preliminary cost estimates;
I) Option analysis of the concepts;
m) Prepare a written summary of the preliminary plans;
n) Submit plans and report to the City for review;
o) Meet with the City to review the concepts.
Engineers A rchitects Planners Surveyors
April 2010
City of South Bend
Proposal for Engineering Services
Brick Road -Dylan Drive Intersection Improvement Study Page 2 of 4
ITEMS TO BE FURNISHED BY THE CITY:
a) GIS aerial with contours (which we already have).
ADDITIONAL SERVICES OF ENGINEER
a) Right-of-Way Engineering/Acquisition Documents;
b) Preliminary Design;
c) Construction Drawings;
d) Detailed Specifications;
e) Bid Documents;
f) Bidding Process;
g) Construction Engineering /Inspection;
h) Plating / Re-platting.
Engineers A rchitects Planners Surveyors
April 2010
City of South Bend
Proposal for Engineering Services
Brick Road -Dylan Drive Intersection Improvement Study Page 3 of 4
APPENDIX B
FEES AND SCHEDULE
SUMMARY OF FEES
Abonmarche will be paid the lump-sum amount of $14,900.00 for performing Task 1 as
described in Appendix A. Abonmarche will invoice the City on a monthly basis for the
percentage c ompleted for each to sk. The following are the fe es for the v arious tasks
based upon the attached staff hour justification (Appendix "A-1 "j:
Task # 1: Design Development .............................................................................. $ 14,900.00
TOTAL Lump-Sum Amount .........................................................................................$ 14,900.00
ANTICIPATED SCHEDULE
Task Estimated Completion Time
Task # 1 Design Development Within 30 days from Notice to Proceed
NOTE: Have a nice day.
F:\Proposals\P ihru T\S\SOUfh Bend Clay\Brlck Rd -Dylan Ddve\appentllx0a-19-10.doc
Engineers A rchitects Planners
Surveyors
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