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1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: Matthew Sikora, Economic Development Planner
Subject: Professional Services Agreement — Abonmarche Group
Lasalle Square — Rezone, minor subdivision & associated work
Date: April 26, 2011
The attached Professional Services Agreement is a proposal from Abonmarche Group to provide
assistance in the Airport Economic Development Area (LaSalle Square) in conjunction with a
proposed senior housing development. This includes rezoning, establishing right -of -way for the
extension of Bonds Avenue and a new city street adjacent to the Library, and creating a legal parcel
for the project. There are three separate parts to this proposal:
Part I: Rezoning Process — includes coordinating with City staff to outline the proposed rezoning,
prepare and submit the required application, petition request, legal description, preliminary site plan
with required information, maps, listing of adjacent property owners, stamped /addressed envelopes,
and public hearing notification forms to the City Clerk's office for review and processing.
Abonmarche will present the project at the Area Plan Commission public hearing, City of South
Bend Zoning' Committee and Common Council public hearings to offer technical support. It is
anticipated that the City and Sterling Development will present the petition at the public meetings.
Cost for this portion is $2,200 plus filing fees of $400 + / -. Staff requests a not -to- exceed amount of
$2,750 in the event any additional review work would be required.
Part II: RM/ Legal Descriptions and Exhibit — includes working with City staff on the proposed
alignments for Bonds Avenue and the new City Street adjacent to the St. Joseph County Library.
Once the alignments are set, legal descriptions and an exhibit shall be prepared for the land needed
from the property owners. The City's attorney shall incorporate the legal descriptions and exhibit into
the acquisition documents. Cost for this portion is $2,800. Staff requests a not -to- exceed amount
of $3,000.
Part III: Minor Subdivision Process — includes performing a boundary survey of the subject parcels
in accordance with Rule 12 of the Indiana Administrative Code and preparation of a subdivision plat,
support data sheet, and application in order to create a legal parcel for the project. Abonmarche will
represent the City's interests at the required meetings held at Area Plan. Lots corners, as defined on
the plat, shall also be set. Cost for this portion is $8,900 plus filing fees of $325 + / -. Staff requests a
not -to- exceed amount of $9,500 in the event any additional review work would be required.
Staff request approval of this Professional Services Agreement not -to- exceed $15,250 to allow the
rezoning, legal description, subdivision, and other necessary preparation for the site.
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�0 The Abonmarche Group Professional Services Agreement
AGREEMENT between:
Client Name
Client Address
cell
Abonmarche Project Number:
CITY OF SOUTH BEND, COMMUNITY & ECONOMIC DEVELOPMENT Date 04/19/11
COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone 574 - 235 -5834
SOUTH BEND, IN 46601
fax 574 - 235 -9021 email msikora @south ben din .gov 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 LASALLE SQUARE
Project Location BENDIX AVENUE AND ARDMORE TRAIL
The professional services to be provided by Abonmarche, collectively referred to as the Proposal/Work Plan dated 04-19 -11
Project Scope PROFESSIONAL SERVICES AS OUTLINED IN APPENDIX A
Project Schedule SCHEDULE IN APPENDIX C
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
Amount of: $ 8,900.00 AS DETAILED IN APPENDIX B
is as follows:
Prior to commencement of work, the Client will specify any and all documentation that the Client requires for submission with the invoice
for services provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice. If,
after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any deficiencies in the invoice, the Client shall
identify the issue in question within ten (10) days of its receipt. If no objection is made or question noted within the ten (10) day period, any
such question or objection shall be deemed waived.
The Client has designated MR. MATTHEW SIKORA. 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 nPrsnn fnr e ihmkcinn of nu
aocumenTS, invoices or communications
Authorization to Proceed and Guarantee of Payment: By signing below I acknowledge that I have received and agree to the Terms and
Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written
understandings. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally
delivered or upon the third day after being deposited into first class certified mail postage prepaid, return receipt reauested.
Authorized Client Representative
CITY of SOUTH BEND
Client COMMUNITY & ECONOMIC DEV.
Signature
Printed Name
Title
ATTEST:
BOARD of PUBLIC WORKS:
Signature
Signature
Signature
Signature
Date Signed
Authorized Abonmarche
Signature (2,e //, ( "'W.
Printed Name &N W. LINN, PE
Title PRESIDENT / CEO
Originating ABONMARCHE CONSULTANTS of
Office INDIANA, LLC
750 Lincolnway East
South Bend, IN 46601
Date Signed April 19, 2011
COSB Reviewed 05/18/10 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 Client's
Agreement to Abonmarche. Any Client document or communication in
addition to or in conflict with theses Terms and Conditions shall be
subordinate and subject to 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. Performance. 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 same 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.
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or indirectly for the Client's Project, will be charged at Abonmarche's
current rates. Examples of in -house 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 times a factor of 1.15. 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 private 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 take 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 Subcontractor(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 total
project cost provided by Abonmarche will be on the basis of experience and
judgment, but these are only estimates, Abonmarche does not warrant 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 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 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
materials furnished by Abonmarche that may be relied 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 files of text, data, graphics, or of other types of electronic media
are the sole possession of Abonmarche, unless specifically stated otherwise in
an amendment to this Agreement. Any 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. The 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 Invoicing. 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
Agreement 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 submitted to Arbitration in the City of South Bend, Indiana in
accordance with the Rules of the American Arbitration Association. 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 to services
provided as a part of this Agreement, including for example, but not limited
to, loss of business.
21. Governing Law. This Agreement will be deemed to have been Made in St.
Joseph County, 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
to, 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 (10) days written notice to the other party. If Client terminates
this Agreement, the Client will pay Abonmarche in full for all work previously
authorized an performed prior to the effective date of the termination, plus
(at the discretion of Abonmarche) a termination charge to cover finalization
of work necessary to bring ongoing work to a logical conclusion. Such
charge will not exceed thirty (30) percent of all charges previously incurred.
Upon receipt of such payment, Abonmarche will return to the Client all
documents and information that are the property of the Client.
End of Agreement
Reviewed by City of South Bend Legal Department
05/18/10
COSB Reviewed 03/08/06 Page 2 of 2
April 19,2011 -
City of South Bend .
Proposal for Planning Services
LaSalle Square ABOWMARCHE
Heritage Place (Sterling Development Project) Page 1 of 3
APPENDIX A
WORK PLAN
PROJECT SCOPE
The project consists of providing the necessary land and proper zoning for Sterling
Development's, Heritage Place at LaSalle Square senior housing project. In addition, City
right -of -way shall be established to access the project as well as the planned
redevelopment areas of LaSalle Square.
SCOPE OF SERVICES
The scope of services proposed herein includes assistance with rezoning, establishing right -
of -way for the extension of Bonds Avenue and a new City Street adjacent to the Library, and
creating a legal parcel for the project. These tasks are further described as follows:
Task #1: Rezoning Process
This task includes meetings with City staff to discuss the proposed rezoning, preparation and
submittal of the required application, petition request, legal description, preliminary site plan
with required information, maps, listing of adjacent property owners, stamped /addressed
envelopes, and public hearing notification forms to the City Clerk's office for review and
processing.
This task also includes having a representative from our office present at the Area Plan
Commission public hearing, City of South Bend Zoning Committee and Common Council
public hearings to offer technical support. It is anticipated that the City and Sterling
Development will present the petition at the public meetings. Additional meetings will be
considered as additional services. All submittal fees are the responsibility of the client.
Task #2: R/W Legal Descriptions and Exhibit
This task includes working with City staff on the proposed alignments for Bonds Avenue and
the new City Street adjacent to the St. Joseph County Library. Once the alignments are set,
legal descriptions and an exhibit shall be prepared for the land needed from the property
owners. The City's attorney shall incorporate the legal descriptions and exhibit into the
acquisition documents.
Task #3: Minor Subdivision Process
This task includes performing a boundary survey of the subject parcels in accordance with
Rule 12 of the Indiana Administrative Code and preparation of a subdivision plat, support
data sheet, and application in order to create a legal parcel for the.project. Our office will
represent your interests at the required meetings held at Area Plan. Lots corners, as defined
on the plat, shall also be set. It is our understanding that the City shall provide the necessary
title policies in order to complete the task.
Engineers Landscape Architects Planners Surveyors
April 19, 2011 -
City of South Bend
Proposal for Planning Services
LaSalle Square ABONMARCHE
Heritage Place (Sterling Development Project) Page 2 of 3
APPENDIX B
SCHEDULE OF FEES
Abonmarche will be paid an amount not -to- exceed $8,900.00 for performing the Scope of
Services as described in Appendix A. Abonmarche will invoice the City on a monthly basis
for the actual time and material costs incurred based upon our standard hourly rates.
Task #1: Rezoning Process ........................................................... ..............................$ 2,200.00
Task #2; R/W Legal Descriptions and Exhibit ............................ ..............................$ 2,800.00
Task#3: Minor Subdivision Process ............................................. ..............................$ 3,900.00
TOTALLump -Sum Amount .............................................................. ............................... $ 8,900.00
MAXIMUM HOURLY RATES BY JOB CLASSIFICATION
(for any additional services under this agreement)
CLASSIFICATION HOURLY RATE
Principal
Vice President / Senior Project Manager
Project Manager
Project Engineer / Architect / Landscape Architect
Staff Engineer / Architect / Landscape Architect
Junior Engineer / Architect
Computer / Drafting Technician
Urban Planner
Professional Land Surveyor
One -Man GPS Crew
Two -Man Survey Crew with Total Station
Two -Man Survey Crew with GPS Station
$200.00 / hr.
$155.00 / hr.
$108.00 / hr.
$105.00 / hr.
$ 85.00 / hr.
$ 72.00 /hr.
$ 72.00 / hr.
$ 80.00 / hr.
$105.00 / hr.
$105.00 / hr.
$120.00 / hr.
$180.00 / hr.
tngmeers Landscape Architects Planners Surveyors
April 19, 2011 -
City of South Bend
Proposal for Planning Services
LaSalle Square ABONMARCHE
Heritage Place (Sterling Development Project)
Page 3 of 3
APPENDIX C
ANTICIPATED PROJECT SCHEDULE
Task
Task #1 Rezoning Process
Task #2 R/W Legal Descriptions
Task #3 Minor Subdivision Process
Estimated Completion Time
Filing Date: June 8
Plan Commission Hearing: July 19
City Council: August 8
Within 15 days
Filing Date: July 1 1
APC Plat Committee: August 18
F: \Proposals \P thru T \S \South Bend City \LaSalle Park \Rezoning and Minor Subdivision \Appendices 04 -19 -1 1.doc
Engineers Landscape Architects Planners Surveyors