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HomeMy WebLinkAboutNo. 2683 approving/authorizing the execution of an addendum to the Master Agency Agreement (Brick Road-Cleveland Road-Dylan Drive Intersection Improvement Study)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 - Cleveland 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 - Cleveland 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 - Cleveland Road -Dylan Drive Intersection Improvement Study) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. • Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on May 21, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST: ��U_14111 I' 7Z� Nancy N. Ki , Secreta South Bend Redevelopment Commission • CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT-) f Marcia I. Jone , esident South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Brick Road - Cleveland 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 - Cleveland 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 - Cleveland 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 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 0 being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 0 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 A. Varner, Vice President South Bend Redevelopment Commission ATTE Nancy N. Kin o, Secretary 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 - CLEVELAND ROAD -DYLAN DRIVE INTERSECTION IMPROVEMENT STUDY See Attached Proposal from The Abonmarche Group i- 0 AGREEMENT between: I� The Abonmarche Group Professional Services Agreement 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 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 a ny documents pertaining to this Agreement or amendments thereto, and f or th a approval of all c hange orders, addenda, and additional services to be performed by Abonmarche. The representative shall be the contact person for submission of all Authorization to Proceed and Guarantee of Payment: By signing below 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 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, postaae prepaid, return receipt reauested. Authorized Client Representative Authorized Abonmarche Representative CITY of SOUTH BEND Client REDEVELOPMENT COMMISSION ABONMARCHE CONSULTANTS of INDIANA, LLC Signature Signature t Printed Name Printed Name JOHN W. LINN, PE Title Title PRESIDENT/ CEO ATTEST: Originating 750 LINCOLNWAY EAST Signature Office SOUTH BEND, IN 46601 Printed Name Date Signed Date Signed April 19, 2010 FAPro osals \P thru T \S \South Bend Cit \Niles Ave Streetsca e \PSA 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 Bent m ay ou thorize Abonmarche t o pro ceed with w ork either b y signing a Profession al Services Agree ment or by issuing on acknowledgement, confirmation. purchase order, or other communication. Regardless of the method used, these T erms and Con ditions shat I be Incorporated b y re ference and sho II p revall as the basis of the Client's Agreement to Ab onmarche. Any C (lent docum ent or co mmunication in addition to or In c onfiict with t heses T erms and Condit Ions shat I be subordinate and subject to these provisions. 2. Execution. Abonmarche has t he op, tlont o render this Agree ment nu II and void, If It Is not executed within thirty (30) days of delivery. 3. Client Responsibilities. The Client w 11 pr ovide a II Grit eda a nd Inform atlon concerning the requirements of the Project. 4. Performance. The standard of care for services performed by or provided by Abonmarche w III b e the care and skit I ordlnad ly use d by Abonm arche's profession practicing under similar circumstances at the some time and In the same locality. S. Hourly Billing Rates. Unless stipulated otherwise, the Client will compensate Abonmarche a t the curen It houd y bl Iling ra tes, In pl ace w hen the services are provided by Abonmarche. 6. Reimbursable Expenses. Reimbursable expenses, the ac tual cosh 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 I imlted to: m fleage, tests and an alyses, special equl pment services postage and d elivery c harges, telephone and telefax c harges, c opying, printing, and binding charges. Ou tslde rel mbursable ex penses w iII be charged on the basis of the actual c osts times a fac for of 1.15. Examples of outside reim bursable expenses Inc Jude, bu 1 are no t I imlted to: Comm erciai 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 an y subsequent m ociffication of the Agr eement w III be authorized, when possible, by written amendment signed o n behalf of the Client and Abonmarche. Additional services, performed by Abonmarche are subject to of I T erns and Condi bons and t he Client w III be responsibl a for payment. Shout d t he C lient, regul story agenc y, or an y public body or Inspector direct modification or addition to work covered by This Agreement, the cost will be ad ded to the agreed price. Verbal requests for ex tro work should be made i n w riling via a c hange order, bu t none the I ess, Abonmarche is entitled to be paid for extra w ork provided w hether 1 t is in writing or not. 8. Underground Structures or Buried Utilities. Abonm arche will use pub llcutility location services w here ovoll able t o perform this service . T he Cl lent Is responsible for Id entificotioh and location of at I pub lic and priva to burled structures on The Client's property and the Project site, such as but not limited to storage tanks and lines, or gas, w oter, sewer, electrical, phone, cable, or any other public or private utilities. Abonmarche will take reasonable care to avoid such st ructures but will not be respo nsible 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 excep lion of access righ is that I and surveyors are afforded by law, the Client will provide Abonmarche access t o the Project site and the Client will be responsible for obtaining any necessary permission from any offec led third pa rty prope rty ow ners f or use of their lands. The Client is solely responsible for site security. 10. Subcontractors. Abonmarche may engage Subcontractors) on behalf of the Client to perform any portion of the services to be provided by Abonmarche. 11. Opinions of Cost. Any opinions o f prob able c onstruction c ost and /or total project cost provided by Abonmarche will be on the basis of experience and judgment, but these are on ly estimates. Abonmarche does not warrant that bids o r u Itimate c onstructlon o r total p roject c osts w ill 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 Bent is au thorized to use t he 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, Inde mnffy, and no Id Abonm arche hor mless from a 11 c laims, damages, losses, and expenses, Inc luding a ttomey fees a rising ou t of or resulting there from. 13. Electronic Media. Copies of data, reports, drawings, specifications, and other materials fumishe d by Abonm arche that m ay be re lied upo n by the Cl lent are limited to the printed copies (also know n as hard copies) that are delivered t o the Cl lent pursuan t to the services under t his Agreem ent. Computer files of text, data, graphics, or of other types of electronic media are the sole possession of Abonmarche, unless specifically stated otherwise in on amendment to this Agreement. Any el ectronic media provided under this Agreement to the Client are only for the convenience of the Client. Any conclusions orinformotion 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 righ t of way bonds that m ay be IN Tlated on their behalf. A t completion of Abonmarche's services, the Cl lent 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, Ab onmarche w III do so, bu t the Cl lent a grees to be ul tlmately responsible for Abonm arche's co mpensatlon un ill t he C (lent provides Abonmarche w tth the third p arty's w ritten accep tone of all t erns of this Agreement and until Abonmarche agrees to the substitution. 16. Stop Work. In add ition to any other r emedles Abon marche m ay have, Abonmarche will have the absolute right to cease performance of any basic or additional services In T he event that payment Is no t made as provided or otherwise agreed. 17. Legal Expenses. If either the Client or Abonmarche- makes ac balm against the other arising out of this Agreement, the prevailing party will be entitled to recover reasonobt a expenses of litigation, Inc[ uding reaso noble attorney'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 collection expenses. Including attorney fees. 18. Arbitration. Any claims, counterclaims, disputes, and other matters in question between the parties arising out at 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 Ith the Ru les of the A medcon Arbit ration Associa Bon. The award of the Arbitratorw01 be final and binding on t he parties. Judgm ent upon any award rendered may be entered In any court having jurisdiction. 19. Indemnity. Abonmarche will defend, Indemnity, and hold the Client harmless from any c lalm, liability, or d efense c ost for inju ry or I ass su stained b y any party from exposur es caused by Ab onmarche's neg ligence or w Illfui misconduct. Cl lent agrees to defend. Inde mnffy, and ho Id Abonm arche harmless for any ci aim, liability, or of efense cost for inju ry 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 par t of this Agreement. Including for exam pie, but not limited to, loss of business. 21. Governing Law. This Agreement will be dee med to have been m ade in St. Joseph County, Indiana and sholi govem by and construed In ac cordance with the laws of the State of Indiana. 22. Considerations. The, successo rs, execu tors, adm inistrators, and legal representatives of the Client and Abonmarche are hereby bound on to the other w ith respec t to the coven ants, A greements, and obi igatlons o f this Agreement. 23. Acts of God. Nett her the Client nor Ab onmarche w III have any I lability f or nonperformance c oused In whole or in par t b y c cruses bey and Abonmarche's reasonable control. Such causes Inc Jude, but are not limited to, Ac is of God , civi I unrest and w or, labor unrest and strikes, acts o f 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 ail 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 w ork necessary to bring on going w ork to a 1 oglcal co nclusion. Such charge will not exceed thirty (30) percent of all charges previously incurred. Upon recelp t o f such pay ment, Abon marche will ret um to the Cl lent at 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 01 City of South Bend Proposal for Engineering Services Brick Road -Dylan Drive Intersection Improvement Study Page l of 4 • t 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 Clev eland Road /Bri ck Road /Dylan Driv e 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 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 r c h i t e c t s Planners ty 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 r c h i t e c t s Planners Surveyors A April 2010 City of South Bend 10 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 perf orming 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 followi ng are the fe es for the v arious tas ks based upon the attached staff hour justification (Appendix "A -1 "): Task # 1: Design Development ............................................... ............................... $ 14,900.00 TOTALLump -Sum Amount .......................................................... ............................... $14,900.00 ANTICIPATED SCHEDULE Task Estimated Completion Time Task #I Design Development NOTE: Have a nice day. 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