HomeMy WebLinkAboutNo. 2670 approving/authorizing the execution of an addendum to the Master Agency Agreement (Jefferson & Niles Streescape Modernization & Intersection Improvements)RESOLUTION NO. 2670
40 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 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 Jefferson & Niles Streetscape Modernization & Intersection Improvements to
the Master Agency Agreement by way of this Addendum.
0 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.
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Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the
0 Commission an documents necessary to carry out the intent of this resolution.
Y rY
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
April 23, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
ATTEST:
Nancy N. King, Secretar
South Bend Redevelopment Commission
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CITY OF SOUTH BEND,
DEPARTMENT OF
DEVELOPMENT
Marcia I. Jones, ropment sident
South Bend Redeve 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.
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0 2. All of the terms and conditions of the Master Agency Agreement shall
this appointment and this Addendum shall be attached to the Master Agency
control pp g y
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:
40 Linda Martin, Clerk
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Exhibit "A"
JEFFERSON & NILES STREETSCAPE MODERNIZATION & INTERSECTION
IMPROVEMENTS
See attached Proposal dated April 15, 2010
April 15, 2010
ABONMARCHE
Confidence By Design City of South Bend
Redevelopment Commission
ENGINEERING County -City Building, Room 1200
ARCHITECTURE 227 West Jefferson Blvd.
MARINA/WATERFRONT South Bend, IN 46601
SURVEYING
LANDSCAPE ARCHITECTURE ATTENTION: Mr. Bill Schalliol,
PLANNING Project Manager
750 Lincoln way East
South Bend, IN 46601 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
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
John W. Linn, PE,
President / CEO
April, 20 City of South Bend
Jefferson Blvd. & Niles Avenue
Streetscape Modernization & Intersection Improvements Page I of 4
APPENDIX A
Work Plan
PROJECT SCOPE
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
channelizatidn, sidewalks,
amenities. The goal of this
possible.
signalization, lighting, landscaping, and other right of
project is to reuse as much of the existing infrastructure as
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.
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 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, 20 City of South Bend
Jefferson Blvd. & Niles Avenue
Streetscope 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 1" = 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
Surveyors
April 20 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.
Task #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 N necessary:
a) Geotechnical investigation;
b) Right -of -way engineering.
Engineers Architects Planners Surveyors
•
10
April, 20 City of South Bend
Jefferson Blvd. & Niles Avenue
Streetscape Modernization & 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. 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
TOTALLump -Sum Amount .................................... ............................... ....................$120,000.00
ANTICIPATED SCHEDULE
Task Estimated Completion Time
Task #I Field Survey
Task #2 Preliminary Design
Task #3 Final Design
Task #4 Bid Period Services
Within 45 days from Notice to Proceed
Preliminary draft within 75 days from
Notice to Proceed
Within 45 days after the review
meeting of the preliminary plans
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.
FAProposals\P thru T\S \South Bend CityVetferson Blvd \Niles Ave to St. Peter \appendix 041 b- l0.doc
Engineers
Architects
Planners
Surveyors
M
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 referred to as the Proposal/Work 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 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
invoices or communicatons.
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
Authorized Client Representative
Authorized Abonmarche Re resentafive
CITY of SOUTH BEND
Client REDEVELOPMENT COMMISSION
ABONMARCHE CONSULTANTS of INDIANA, LLC
/✓
Signature
Signature
CIA—
Printed
Printed
Name
Name
JOHN W. LINN, PE
Title
Title
PRESIDENT / CEO
ATTEST:
Signature
Originating
Office
ABONMARCHE CONSULTANTS, LLC
Printed
750 LINCOLNWAY EAST
Name
SOUTH BEND, IN 46601
Date
Date
Signed
Signed
F:\Proposals\P thru T \S \South Bend Cit \Jefferson Blvd \Niles Ave
to St. Peter \PSA 0415- 10.doc
COSB Reviewed 03/08/06 Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
1, Agreement, The Client may authorize Abonmarche to proceed with work
either by signing a Professional Services Agreement or by Issuing an
acknowledgement confirmation, purchase order, or other communication.
Regardless of the meted used, these Terms and Conditions shall be
Incorporated by reference and shall prevail as the bask of the Client's
Agreement to Abonmarche. Any Client document or communication In
addition to or In conflict with theses Terns 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 core 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 some time and In the
some locality.
5. Hourly Billing Rates. Unless stipulated otherwise, the Client will compensate
Abonmarche at the current hourly bRRng rates, in place when the services
are provided by Abonmarche.
6. Reimbursable Expenses. Reimbursable expenses, the actual costs inured
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 ifines a factor of 1.15. Examples of
outside reimbursable expenses Include, but are not limited to: commercial
transportation, Subcontractors, meds, 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 burled
structures on the Client's property and the Project site, such as but not limited
to storage tanks and Imes, or gas, water, sewer, electrical, phone, cable, or
any.other public or private utilities. Abonmarche will take reasonable care to
avoid such structures but wit 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. Ste Access and Security. With the exception of access rights that land
surveyors ore afforded by law, the Client WR 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
talent 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 bask 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 Abonmorche 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 Invoking. It the Client directs Abonmarche to Invoke other party
payers, Abonmarche will do so, but the Client agrees to be ultimately
responsible for Abonmarche's compensation unfit the Client provides
Abonmarche with the third party's written acceptance of all terms of this
Agreement and unfit 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 bask
or odd#Wld services in the event that payment Is not made as provided or
otherwise agreed.
17. Legal Expenses. t either the Client or Abonmorche makes a claim against
the other asking out of this Agreement, the prevailing party will be entitled to
recover reasonable expenses of litigation, Including reasonable attorney's
fees. 0 Abonmarche brings a successful lawsuit against the Client to collect
Invoked fees and expenses, the Client agrees to pay Abonmarche
reasonable collection expenses. Including attorney tees.
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 Abonmache's negligence or willful
misconduct. Client agrees to defend, Indemnity, and hold Abonmarche
hamtiess 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 taws 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 Abonmorche will have any Ilobility 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, ctvR unrest and war, labor unrest and strikes, acts of
authorities, and events that could not be reasonably anticipated.
24. Termination. Either the talent 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
03/08/06
COSB Reviewed 03/08/06 Page 2 of 2