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HomeMy WebLinkAbout6C(5) Resoltion No 2760&C(3--) • • nc. Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indlana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission & Board of Public Works From: Bill Schalliol, Economic Development Planner W D Subject: Resolution 2760 & Addendum to Agency Agreement Professional Services — Abonmarch Consultants Jefferson & Niles Streetscape Modernization & Intersection Improvements Date: October 12, 2010 Over the past several months, city staff has been working with Abonmarche Consultants on design and plan development for improvements to Jefferson Boulevard from the river east to St. Peter Street. Much of the work has been completed for the design for the revised infrastructure network, but the project requires additional funding to allow for further investigation and design for storm sewer work in the project area and some additional research on the pavement conditions and profile of Jefferson. The proposal for work is in a total amount of $8,100.00. This amendment amount will be added to the existing contract of $120,000.00. Staff request Commission and Board of Works approval for this proposal. What We Do Today Makes A Difference! RESOLUTION NO. Z'89 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Jefferson & Niles Streetscape Modernization & Intersection Improvements) 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 added the Jefferson & Niles Streetscape Modernization & Intersection Improvements to the Master Agency Agreement by way of an Addendum on April 23, 2010 WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the 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 this Amendment to the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are 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 October 15, 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 AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Jefferson & Niles Streetscape Modernization & Intersection Improvements) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 25th day of October, 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 added the Jefferson & Niles Streetscape Modernization & Intersection Improvements to the Master Agency Agreement by way of an Addendum on April 23, 2010 WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. 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 originally described in "Exhibit A ", and now amended as described in "Exhibit B ", 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. Commission staff members are 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. (Signature Page Follows) 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" JEFFERSON & NILES STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENTS See attached Proposal dated April 15, 2010 LANDSCAPE ARCHITECTURE ATTENTION: Mr. Bill Schalliol, PLANNING Project Manager 750 Lincoln Way East South Bend, IN 46541 RE: JEFFERSON BOULEVARD & NILES AVENUE T 574.232.8700 STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENT F 574.251.4440 www.abonmarche.com Proposal for Design Services FORT WAYNE' IN Dear Bill: BENTON HARBOR, MI MANlSTEE, 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 John W. Linn, PE, President J CEO April, 2010 City of South Bend Jefferson Blvd. & Niles Avenue Streetscape Modernization & Intersection improvements Page 1 of 4 APPENDIX A Work Plan 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 most 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. SCOPE OF SERVICES 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: Field Survey (Project Scope Area plus Niles Ave from Washington to north of LaSalle): a) Obtain recorded plats, deeds of ail 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 (ghts -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 & Intersection Improvements Page 2 of 4 Task #2: Preliminary 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 I" = 20'; i) Design approach street details at 1" = 20'; j) Prepare preliminary maintenance of traffic; k) Plot preliminary cross - sections; 1) 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: Final 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; 1) Revise the bid documents from the review and meeting; m) Submit final bid documents to the City. Engineers Architects Planners S urveyors April, 2010 City of South Bend Jefferson Blvd. & Niles Avenue Streetscape Modernization & Intersection Improvements Page 3 of .4 Task #4: Bid 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. Taste #5: Construction Phase Services: 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 if necessary: a) Geotechnical investigation; b) Right -of -way engineering. Engineers Architects Planners Surveyors April, 2010 City of South Bend Jefferson Blvd. & Niles Avenue Streetscape Modemization & Intersection Improvements Page 4 of 4 APPENDIX B Fees for Services & Schedule FEES FOR SERVICES Abonmarche will be paid the lump -sum amount of $120,000.00 for performing Tasks 1 through 5 as described in Appendix A. Abonmorche 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 TOTALlump -Sum Amount .................................... ............................... ....................$120,000.00 ANTICIPATED SCHEDULE Task Estimated Completion Time Task #1 Field Survey Within 45 days from Notice to Proceed Task #2 Preliminary Design Preliminary draft 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: \Proposots \P thru T\S \South Bend Clty \Jefferson B!vd \tiles Ave to St. Pater \oppondLY 04-I5-tD.doc Engineers Architects Planners Surveyors E 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 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 STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENTS JEFFERSON BLVD. (NILES AVENUE TO ST, PETER STREET) Project Location NILES AVENUE (JEFFERSON BLVD. TO EAST WASHINGTON STREET) The professional services to be provided by Abonmarche, collectively refereed to as the Proposal/Work Pion dated 04115/10 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 wifh the invoice for services provided by Abonmorche. 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 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 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 der>osited into first class certified mail, postage prepaid, return receipt requested. Authorized Client Representative CITY of SOUTH BEND Client REDEVELOPMENT COMMISSION Signature Printed Name Title ATTEST: Signature Printed Name Date Signed F: \Proposals \P thru T \S \South Be ABONMARCHE CONSULTANTS of INDIANA, LLC Signature �v- Printed Name JOHN W. LINN, PE Title PRESIDENT / CEO Originating Office ABONMARCHE CONSULTANTS, LLC 750 LINCOLNWAY EAST SOUTH BEND, IN 46601 Date Signed Ave to COSB Reviewed 03/08/06 Page 1 of 2 TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT 1, Agirwment, The Client may outhorUe Abonmorche to proceed with work effher by signing a Professional Services Agreement or by issuing an ocknowiedgeft"Ont, con7kmation, purchase order, or other communication. Regardless at the method used. these Terms and Conditions shall be fncorporated by reference and sho) prevall as the basis of the Client's Agreement to Abonmorche. Any client document or communication In addition to or in conflict with theses Terms and Conditions shdJ be subordinate and subject to these provisions. 2. Execution. Aborsmorche has the option to render this Agreement hull and void, If 11 is not executed within thirty (30) days of delivery. 3. client iesponsRsBRies. The Client will provide all criteria and Information concerning the requirements of the Project. 4. Performance. The standard of core for services performed by or provided by Abonmarche will be the care and stilt ordinarily used by Abonmorche's profession practicing under similar circumstances at the some time and In the some locally. S. 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. 6. Reimbursable Expenses. Reimbursable expenses, the actual costs Incurred directly or Indirectly for the Client's Project, will be charged at Abonmorche's current rapes, Examples of In -Muse reimbursable expenses Include, but are not limited to: mileage, tests and analyses, special equipment services, postage and delivery charges, telephone Grid teletax charges, copying, printing. and binding charges. Outside reimbursable expenses will be charged on the basis of fire actual casts times a factor of 1. IS. aomples of outside reimbursable expenses ircNde, but ore not limited to: Commercial transportation, Subcontractors, meals, todging, special fees, licenses, permits, and outside technical or professional services. 7. Additional Services. AdCltlonat services tliat 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 Abonmorche. 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, at 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 walk 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 a Buried UBWies. Abonmorche wig use public u161fy location services where available to perform this service. The Client is responsible for Identincallon and location at ail pubic and private buffed structures on the Client's property and the Project site, such as but not united to storage tanks and Imes, or gas, water, sewer, electrical, phone, cable, or any other public or private utfdiitles. Abonmorche wJI take reasonable care to avoid such structures but will not be responsible for accidental damage to utilities or structures twit were not speclMolly or clearly located by the Client or for damages or losses claimed by third parties related hereto. 9. She Access and Security. With the exception of access rights that land surveyors are afforded by low, the Client will provide Abonmorche access to the Project she and the Client will be responsible for obtalning any necessary pemisston from any affected third party property owners for use of their lands. The Client is Weir responsible tar site security. 10. Subcontractors. Abormarche may engage Subcrontroctor(s) on behalf of the Client to perform any portion of the services to be provided by Abonmarche. 11. Opinions of Cost. Any opinions of probable construction cost and /or told project cost provided by Abonmorche will be on the basis of engserlence and judgment, but these are only estimates, Abonmorche does not warrant that olds or ultimate construction or total project costs will not vory from such estimates. 12. Ownership of Work Product. Abonmorutie wig remain the owner of di oVnd drawings, reports. and other materials provided to the Client, whether In hard copy or magnetic; media forth. The Client Is authorized to use the copies provided by Abonmofche only In connection with the Project. 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 CBeni will defend, Indemrlfy, and hold AbonmorChe hornless from all claims, damages, losses, and expenses. Including attorney fees oNng out of or resulting there from. 13. Electronic Media. Copies of data, reports, drawings, speclBcallom, and other materials furnished by Abonmarche that may be railed upon by the Client are limited to the printed copies )also known as hard copies) that are delivered to the Client pursuant to the services under this Agreement. Computer fifes 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 electronic media provided under this Agreement to the Client are only for the convenience of the Client. Any conclusions or Information obtained or dented from such electronic files will be at the user's sole risk 14. Bonds and Pwmlh. The Client will be resporslbie for the adoption of any she -access or right of way bonds that may be Initiated on their behalf. At completion of Abonmorche's services, the Client will take responsbilty and pay any ongoing bond or permit costs for any bonded or permitted work. 13. Third parry Invoking. It the Client directs Abonmarche to Invoice other patsy payers. Abonmarche W0 do so. but the Client agrees to be ultimately responsible for Abonmorche's compensation until the Client provides AbonmarChe with the third party's written acceptance of dl terms of this Agreement and until Abonmorche agrees to the substitution. 16. Stop Work. In addition to any other remedies Abonmorche may hive. Abonmarche w3i have the absolute right to cease periomance of any basic or add!tfonaf serAces In the event that payment Is not made as provided or onerwlse agreed. 17. Legal ixpemes. It eMw The Client or Abonmarche makes a clam against tte other ousting out of this Agreement, the prevailing party will be entitled to recover reasonable expenses of litigation, Including reasonable attorney's fees. It Abonmombe brings a successful lawsuit against the Client to collect Invoiced fees and expenses, the Client agrees to pay Abonrnarche reasonable collection expenses, Including attorney tees. 18. Arbitration. Any claims, counterclaims. disputes, and other matters in quesRan between the pies arising out of or relating to the Agreement or the brooch thereof will be sub mined to Arbitration In the City of South Bend, tndlorn br accordance with the Rules of the American Arbitration Association. The award of the Arbitrator wCt be Mal and binding on the parties. Judgment upon any award rendered may be entered In any court having jsxisdlclion. 19. fndemr4ty. Abonmorche will defend, Indemnify, and hold the Cilent harmless from any claim, liability, or defense cost for Injury or loss sustained by any party from exposures caused by Abonmarche's negligence or witful misconduct. Client agrees to defend, Indemnity, and hold Aborrnarche harmless for any claim, liability. or defense cost for Injury or loss sustained by any party from exposures allegedly caused by Abonmorche's performance of seMces hereunder, except for iyury or loss coshed by the negligence or wonA misconduct or Abonrnorche. 20. Consegoonilal aamoges. The Clent and Abonmarche waive COntegUential damages for clofms, chputes, or other rnotters in question relating to services provided as a part of this Agreement, including for example, but not limited to, loss of business. 21. Govemiog taw. This Agreement will be deemed to have been made In St. Joseph County, Indiana and shall govem by and construed In accordance with the laws of the State of Indiana. 22. Comfderations. TM, 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 Abcrvnarche will have any labliffy for nonperformance caused In whole or in part by causes beyond Abornnarche's reasonable control. Such causes Include, but are not limited to, Acts of God, civil unrest and war, labor unrest and strikes, acts of authorities, and events that could not be reasonably anticipated. 24. Twvisination. Either the Client or Abonmorche may terminate this Agreement by giving ten (10) days written notice to the other party. If Client termhotes this Agreement, the Client will pay Abotmnarche In full for aR work previously authorized an performed prior to the effective date of the termination, plus (at the discretion on of Abonmorche) a termination charge to cover enaltrallon of work necessary to bring ongoing work to a logical conclusion. Such charge will not exceed thirty (30) percent of all charges prevlomy incurred. Upon receipt of such payment. Abonmorche we return to 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 Exhibit `B" JEFFERSON & NILES STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENTS See attached Amendment dated September 27, 2010 ABONMARCHE Confidence By Design ENGINEERING ARCHITECTURE MARINA/WATERFRONT September 27, 2010 City of South Bend Redevelopment Commission County -City Building - Room 1200 227 West Jefferson Blvd, South Bend, IN 46601 SURVEYING ATTENTION: Mr. Bill Schalliol LANDSCAPE ARCHITECTURE Project Manager PLANNING RE: JEFFERSON & NILES AVENUE STREETSCAPE 750 Lincoln Way East South Bend, IN 46601 Additional Services T 574.232.8700 City Project No. 110 -033 F 574,251.4440 www.abonmarche.com Dear Bill: FORT WAYNE, IN We have been requested by the City of South Bend to provide BENTON HARBOR, MI MANIBOR, MI additional services outside of our current agreement with the City. These additional services include field surveying an additional 300 feet of St. Louis Boulevard for a storm sewer connection point, coring the pavement on Jefferson Boulevard to determine the thickness of the existing pavement and development of a quotation package for the fast tracking of the construction at the south east corner of Jefferson & St. Louis Boulevards, We are requesting that you recommend our enclosed additional services Agreement to the Board of Public Works for approval. The amount of the increase work is $ 8,100,00, which increased the total amount of the contract to $ 128,100,00. If you have any questions, please contact our office. Sincerely, Abonma WultantLC Ro r�wrot PE 8c RLS ' Senior Project Manager FAProjectslM9- 0748\additional services no. 1 cover letter 9- 27- 10.doc PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 JEFFERSON & NILES STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENTS CITY PROJECT NO. 110 -033 This Amendment to our Agreement entered into May 24, 2010, between the City of South Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultants of Indiana, LLC, referred to as "ABONMARCHE ". Amend Agreement Change: A NOT -TO- EXCEED FEE OF: $ 120,000.00 to $128,100.00 AS SHOWN IN APPENDIX B Amend Appendix "A" Add to: PROJECT SCOPE Niles Avenue will be field surveyed and will have preliminary design completed while Jefferson Blvd. will be field surveyed, preliminary designed, final designed, have a bid period and constructed. SCOPE OF SERVICES Task #2 - Preliminary Design for Jefferson Blvd. and Niles Avenue: S) Field Survey an additional 300 feet of St. Louis Blvd. to south of Wayne Street for storm sewer connection. Task #3 - Final Design for Jefferson Blvd.: n) Obtain five pavement cores in Jefferson Blvd. and St. Louis Blvd.; m) Develop cost estimate and quotation package for the south east corner of Jefferson Blvd. and St. Louis Blvd. which is to be fast tracked. Amend Appendix "B" Change To: The Total Lump Sum Amount of $120,000.00 to $128,100.00. Task #2 - Preliminary Design - $45,700.00 to $47,400.00. Task #3 - Final Design - $ 42,400.00 to $ 48,800.00 Change: Total of $ 120,000.00 to $ 128,100.00. All other terms and conditions of the Agreement remain in effect. F: \Projects \M9 - 0748 \amend 1 agrmnt 09- 27- 10.doc Sheet 1 of 2 PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. JEFFERSON & NILES STREETSCAPE MODERNIZATION & INTERSECTION IMPROVEMENTS CITY PROJECT NO. 110 -033 Abonmarche Consultants of Indiana, LLC J n W. Linn, PE President Date Signed: September 27, 2010 City of South Bend, Board of Public Works Date Signed: F: \Projects \M9 -0748 \amend 1 agrmnt 09- 27- 10.doc Sheet 2 of 2