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HomeMy WebLinkAboutNo. 2878 approving/authorizing the execution of an addendum to the Master Agency Agreement (621 E. Jefferson Streetscape Modernization Project)CI RESOLUTION NO. 2878 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (621 E Jefferson Streetscape Modernization Project) 2878 -11 WHEREAS, effective January 1, 2011, 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 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the 621 E Jefferson Streetscape Modernization Project to the Master Agency Agreement 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 (621 E Jefferson Streetscape Modernization Project) 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. LI-9 G, 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 May 24, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTES Nancy in d, Secreta South Bend Redevelopment Commission 14 CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPM T Marcia 1. o i es ent South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (621 E Jefferson Streetscape Modernization Project) 2878 - -11 This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 13th day of June, 2011, 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 621 E Jefferson Streetscape Modernization Project (the "Project "). WHEREAS, effective January 1, 2011, 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 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the 621 E Jefferson Streetscape Modernization Project 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 C11 being more specifically described in "Exhibit A ", attached hereto and made a part hereof. j 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 14 14 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. ATTEST: South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member A L C� Exhibit "A" 621 E JEFFERSON STREETSCAPE MODERNIZATION PROJECT See attached proposal from Abonmarche dated May 9, 2011 mIABONMARCHE Confidence By Design - -_ 7 _ May 9, 2011 City of South Bend Redevelopment Commission County -City Building, Room 1200 227 West Jefferson Blvd. South Bend, IN 46601 ATTENTION: Mr. Bill Schalliol, Project Manager RE: 621 EAST JEFFERSON BOULEVARD STREETSCAPE MODERNIZATION Proposal for Design Services Dear Bill: Engineering Architecture Land Surveying Morino /Waterfront Community Planning Landscape Architecture Development Services 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, Inc. John W. Linn, PE, President / CEO 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street 361 First Street 503 Quaker Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 Manistee, MI 49660 South Haven, MI 49090 kiiiiiiiIi; 574.232.8700 260.497.8823 269.927.2295 231.723.1198 269.637.1293 www.abonmarche.com ABONMARCHE CAGREEMENT between: Abonmarche Professional Services Agreement Abonmarche Project Number: Client Name: CITY of SOUTH BEND, REDEVELOPEMENT COMMISSION Date: MAY 9, 2011 Client Address: COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone: 574- 235 -5834 SOUTH BEND, IN 46601 Cell: Fax: 574- 235 -9021 Email: to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmarche, of 750 Lincoln Way East, South Bend, IN 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 Location: 621 EAST JEFFERSON BLVD. hereinafter referred SOUTH BEND, INDIANA The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: Scope of work: PROFESSIONAL SERVICES AS OUTLINED IN APPENDIX A Project schedule: SCHEDULE IN APPENDIX B Special Provisions: N/A Abonmarche proposal /work plan, dated MAY 9, 2011 is incorporated into this Agreement by reference, and is limited to the services described therein. The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following: fee as detailed in APPENDIX B: $ 6,900.00 Prior to commencement of services, 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 on invoice from Abonmarche, the Client has any questions, or if there are any discrepancies in the invoice, the Client shall identify the issue in writing within ten (10) days of its receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived. Abonmarche invoices are due upon receipt. The Client has designated BILL SCHALLIOL as its Representative. The Representative shall have the authority to xecute 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 rnmmunirntinrx Authorization to Proceed and Guarantee at Paymenk By signing this Agreement the Client authorizes Abonmarche to provide services described above, and that the Client is the responsible party for making payment to Abonmarche. By signing below. I acknowledge that I have received and agree to the Terms and Conditions on Pooe 2 of this Agreement. and I understand that the Terms and Conditions take precedence over all prior oral and written unders tandings. These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other communications shall be in writing and shall be considered to have been duty given when personally delivered or upon the third day after being deposited into first class certified mail, postage prepaid, return receipt re uested. Authorized Client Represeritathire Authorized Abonmarche Representative CITY OF SOUTH BEND Client: REDEVELOPMENT COMMISSION Signature: r2e l✓ Signature: Printed Name: % HN W. LINN, PE Printed Name: Title: PRESIDENT / CEO Originating Title: Office ABONMARCHE CONSULTANTS, INC. Address: 750 Lincoln Way East ATTEST: South Bend, IN 46601 BOARD of PUBLIC WORKS: T 574.232.8700 F 574.251.4440 Signature: Signature: Signature: Signature: Date Signed: Date Signed: F:\Proposals\P thru T\S \South Bend Cit \Jefferson Blvd \621 East Jefferson \COSB PSA 05 -09 -1 l .docx GSB reviewed 05-04-11 Page 1 of 2 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT 1. Agreement. These Tom and Conditions shall be incorporated by reference and Abonmorche. unless specifically stated otherwise in an amendment to this shall prevail as the basis of the Client's Agreement to Abonmarche. Any Client Agreement. Any electronic media provided under this Agreement to the Client document or communication in addition to or in conflict with these Terns and are only for the convenience of the Client. Any conclusions or information Conditions shall be subordinate and subject to these provisions. obtained or derived from such electronic files will be at the user's sole risk. 2. Execution Abonmarche has the option to render this Agreement null and void, 15.0ionds and Permits. The Client will be responsible for the adoption of any site V it is not executed within thirty (30) days of delivery. access or right of way bonds that may be initiated on their behalf. At 3. Clent Responsibilities. The Client will provide of criteria and information completion of Abonmarche's services, the Client will take responsibility and pay concerning the requirements of the Project. The Client will assume responsibility any ongoing bond or permit costs for any bonded or permitted services. for interpretation of contract documents and for construction observation and 16.ThIrd party Invoicing. If the Cient directs Abonmorche to invoice third party will wave all clatms against Abonmarche that may be in any way connected, payers, Abonmarche will do so, but the Client agrees to be ultimately unless Abonmorche's settees under this Agreement include full-lime responsible for Abonmorche's compensation until the Client provides construction observation or review of contractor's performance. Abonmorche with the third party's written acceptance of oil terms of this 4. Performance. The standard of core for services performed by or provided by Agreement and until Abonmarche agrees to the substitution. Abonmarche will be the care and skill ordinarily used by Abonmorche's 17.Thtrd Party Benellclaries. Nothing contained in this Agreement shall create a profession practicing under similar circumstances at the some time and in the contractual relationship with or a cause of action in favor of a third party some locality. Abonmarche makes no warranty, expressed or implied, with against either the Client or Abonmorche. Abonmorche's services under this respect to any services provided by Abonmarche. Abonmorche will not be Agreement are being performed solely for the Client's benefit, and no other cable for any claim, damages, cost, or expense (including attorney's fees) or party or entity shall hove any claim against Abonmarche because of this other liability or lass not directly and solely caused by the negligent acts, errors, Agreement or performance or nonperformance of services hereunder. The or omissions of Abonmorche. Client and Abonmarche agree to require a simAor provision in all contracts with 5. Hourly Billing Rates. If payment is on on hourly rate, Client will pay Abonmarche contractors, subcontractors, subconsuttants, vendors and other entities involved at the current hourly biting rates. The hourly rates are adjusted annually or as in this Project to carry out the intent of this provision. deemed appropriate. 18.Suspenslon of Services. In the event of non - payment by Client, Abonmarche 6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred will hove the absolute right to cease performance of any services. directly or kx kectly for the Client's Project, will be charged at Abonmorche's 19.Contractoes Work: Abonmorche shall have no authority to direct or control the current rates. Examples of reimbursable expenses Include. but are not limited to: Work of the Contractor or to stop the Work of the Contractor. Abonmorche shall mileage, tests and analyses, special equipment services, postage and delivery not be liable to any party for the failure of the Contractor to perform the Work charges, telephone and telefax charges, copying. printing, and binding consistent with the Plans and Specifications and applicable Codes and charges, commercial transportation, meals, lodging, special fees, licenses, and Regulations. Abonmarche shall have no responsibility or be liable for safety permits. Subconsutiant and outside technical or professional services will be procedures of the Contractor or its subcontractors. charged on the basis of the actual costs times a factor of 1.15. 20.Consequential Damages. The Client and Abonmorche waive consequential 7. Additional Services. Additional services that may be provided pursuant to the damages for claims, disputes, or other matters in question relating to services Agreement or any subsequent modification of the Agreement will be provided as a part of this Agreement, Including for example. but rat limited to, authorized, when possible, by written amendment signed on behalf of the Client km of business. and Abonmarche. Additional services, performed by Abonmarche are subject 21.Goveming Law. This Agreement will be deemed to have been made in St. to all Terns and Conditions and the Client will be responsible for payment. Joseph County, Indiana and shall be governed by and construed in Should the Client, regulatory agency, or any public body or Inspector direct accordance with the lows of the State of Indiana. modification or addition to services covered by this Agreement, the cost will be 22. Venue. The parties (a) Irrevocably submit to the jurisdiction of any Indiana court added to the agreed price. Requests for extra services should be made in sitting in St. Joseph County, Indiana in any action arising out of this agreement, writing via a change order, but none the less, Abonmorche is entitled to be paid and (b) waive, to the fullest extent that they may effectively do so, the defense for extra services provided whether or not its in writing. of an inconvenient forum. The parties also agree that a final judgment in any 8. Underground Structures or Buried Utilities. The Client is responsible for such action shah be conclusive and may be enforced in other jurisdictions by identification and location of all pubic and private buried structures on the suit on the judgment, or in any other manner provided by law. Client's property and the Project site, such as, but not invited to, storage tanks 23.Considerclons. The successors, executors, administrators, and legal and lines, or gas, water, sewer, electrical, phone, cable, or any other public or representatives of the Client and Abonmarche are hereby bound onto the Private uirrfies. It is agreed that Abonmorche is not responsible for accidental other with respect to the covenants. Agreements, and obigations of this damage to utilities or underground structures, whether known, unknown or Agreement. improperly located. The client shall be responsible for design fees if changes are 24.Acts of God. Neither the Client nor Abonmorche will have any kabiity for necessary. Utility locating or making services provided by Abonmorche are not nonperformance caused in whole or in part by causes beyond Abonmar&Ws substitutes for complying with the utility owner notification requirements or the reasonable control. Such causes include. but are not limited to, Acts of God. locating services 1811 systems) requited prior to an excavation. Utilities shown as civil unrest and war, labor unrest and strikes, acts of authorities, and events that located by ground penetrating radio are approximate only. No excavation could not be reasonably anticipated. took place to verify the positions shown or to verify the type of utility (except as 25.Terminaffon. Either the Client or Abonmorche may terminate this Agreement by noted). Careful excavation's required for verification of the buried utility. The giving ten (10) days written notice to the other party. In such an event, the owner or customer assumes the risk of error and the actual location of the Client will pay Abonmarche in full for dl services previously authorized and underground utility. Abonmorche is not providing any certification or guarantee performed prior to the effective date of the termination, plus (at the dbastion regarding the exact location of any underground utility. of Abonmorche) a termination charge to cover finalization of services necessary 9. Underground Conditions. Abonmarche shall have no responsibility for the to bring ongoing services to a logical conclusion. Upon receipt of such identification of existing or unforeseen /differing underground conditions. The payment. Abonmorche will return to the Client all documents and information Contractor shall have sob responsibility for determining the nature of that are the property of the Client. underground conditions and the means and methods of deohng with those 26. Entire Agreement. This Agreement contains the entire agreement between the conditions. Abonmarche Is entitled to rely upon the Information provided by parties and there are no agreements, representations, statements, or geotechnical consultants and shah have no responsibility for the accuracy or understandings which have been relied on by the parties which are not stated correctness of the data contained in the geolechnical repoft in this Agreement. 1 O.Sife Access and Security. With the exception of access rights that land surveyors End of Agreement. are afforded by law, the Client will provide Abonmorche 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 that lands. The Client is solely responsible for site security. i 1.Consullanb. Abonmarche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Department 05/04/2011. to perform services which are typically the Client's responsibility, such as surveys, geoterchnical and environmental assessments. The Client agrees that Abonnxx will not be responsible for, or in any manner guarantee, the performance of services by the Consultants. The Client agrees That Abonmarche will not be Roble for any claim, Itabihfy, or defense cost for injury or I= sustained by any party allegedly caused by the Consultants' negligence or willful misconduct. 12.0pinions 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. Abonmorche does not warrant that bids or ultimate construction or total project costs will not vary from such estimates. 13.Ownershlp 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 provkJed by Abonmorche 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 iabSAy to Abonmorche and the Client will defend, indemnify, and hold Abonmorche harmless from oh claims, damages, lasses, and expenses, including attorney fees arising out of or resulting there from. 14.0echonic Media. Copies of data, reports, drawings, specifications, and other materials furnished by Abonmorche 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. %Olijll� data, graphics, or of other types of electronic media are the sole possession of COSB reviewed 05-04 -11 Page 2 of 2 May, 2011 City of South Bend 621 East Jefferson Boulevard Streetscope Modernization Page 1 of 3 APPENDIX A Work Plan PROJECT SCOPE The proposed project consists of the streetscape modernization from 621 East Jefferson Boulevard. The improvements will include replacement of the existing approaches and sidewalks, addition of a landscaping planter, and improved drainage by use of a pervious concrete sidewalk. The project will be designed in accordance with the planned streetscape modernization project which will include Jefferson Boulevard from Niles Avenue to St. Peter Street. SCOPE OF SERVICES The scope of services proposed herein includes the design and development of quote documents for the project and are further described as follows: Task #1: Design: a) Revise City of South Bend Title Sheet b) Revise typical section sheets c) Revise grading plan d) Revise plan view sheet of improvements e) Revise pervious concrete detail sheet f) Revise maintenance of traffic plan g) Revise landscape plan h) Coordinate with utility companies i) Calculate project quantities j) Develop cost estimate k) Submit three (3) sets of plans to the City for review 1) Meet with the City to review the plans m) Revise plans according to the City review Task #2: Quote Documents: a) Prepare bid proposal sheets b) Prepare special provisions c) Prepare Quote Package d) Submit three (3) sets quote documents to the City for review e) Meet with the City to review the quote documents f) Revise documents according to the City review Engineers Architects Planners %M� Surveyors May, 2011 City of South Bend 621 East Jefferson Boulevard Streetscape Modernization Page 2 of 3 Task 43: Bid Period Services: a) Answer bidding questions b) Prepare necessary addenda to the quote package c) Tabulate the quotes and make a recommendation of contract award Task #4: Construction Phase Services: a) Attend the pre - construction conference b) Answer City and contractor questions from the field c) Make periodic site visits Items fumished by the City it necessary: a) Geotechnical investigation b) Right -of -way engineering Engineers Architects Planners Surveyors May, 2011 City of South Bend 621 East Jefferson Boulevard Streetscape Modernization Page 3 of 3 APPENDIX B Fees for Services & Schedule FEES FOR SERVICES Abonmarche will be paid the lump -sum amount of $9,770.00 for performing Tasks 1 through 4 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: Design .......................................................................... ............................... $ 2,900.00 Task #2: Quote Package ...................................................... ............................... $ 1,900.00 Task #3: Bid Period Services .................................................. ............................... $ 900.00 Task#4: Construction Phase Services .................................. ............................... $ 1,200.00 TOTAL Lump -Sum Amount ........................................................... ..............................$ 6,900.00 ANTICIPATED SCHEDULE Task Estimated Completion Time Task #1 Design Task #2 Quote Package Task #3 Bid Period Services Task #4 Construction Phase Services Within 21 days from Notice to Proceed Within 21 days from Notice to Proceed Within 7 days after bids are received Contractor construction period R \Proposals\P thru 1\S \South Bend City \Jefferson BNd \621 East Jefferson \revised appendbc 05-09 -1 Ldoc ILEngineers Architects Planners Surveyors C 11 19 § w k o§ - k■ §11 §a k k 1 �}� 22� AEI B/ C) a. � Awl �/� HE _� Ir-k ƒk §§ I\ k )j § }_-- - © - - -CD ��Wnn e ? %# ® n88 � 403, we, 5 0 k §- -�NN�- X22 ®- \` 0t �2R of - -� N 0 co ma �® E® � }` os §W NNINa - -nN - 22 m a . Fr ■2 9 7 -® -u} � /_�����_.. � E 2= §1 tk� E ' §£� ®A 2 . § {�0 . k�c ���' IIe ` w =0 %2�g © © a'A °s �2k ■S§ §� E On § N m_., % e> § § - f 2'a2 . 2 - 2 Qw0a. v� /\� - be t22 §&$tok� 2&&& , ƒAaI��J/ AaLƒL 2 I I k Construction Cost Estimate - City of South Bend Project No. Cost Estimate CITY OF SOUTH BEND May 2011 PROJECT NAME 621 East Jefferson Boulevard Streetscape PROJECT NUMBER Item No. Description Quantity Unit Unit Price Total Amount 1. Construction Engineering 1 LS 2.0% $600.00 2. Mobilization/Demobilization 1 LS 5.0% $1,500.00 3. Material Testing 1 LS $2,500.00 $2,500.00 4. Concrete Curb, Remove 103 LFT $5.00 $515.00 5. Concrete Pavement, Remove 195 SYS $15.00 $2,925.00 6. Common Excavation 22 CYS $12.00 $264.00 7. "B" Borrow 50 CYS $9.00 $450.00 8. "B" Borrow for Structure Backfill 50 CYS $11.00 $550.00 9. Compacted Aggregate, No. 53, Base 14 TON $18.00 $252.00 10. Coarse Aggregate, No. 8 22 CYS $35.00 $770.00 11. Sidewalk, Concrete, 4" 118 SYS $45.00 $5,310.00 12. Sidewalk, Pervious Concrete, 4" 36 SYS $120.00 $4,320.00 13. Concrete Curb, 6" 76 LFT $18.00 $1,368.00 14. Concrete Step 1 EA $100.00 $100.00 15. PCCP for Approaches, 6" 41 SYS $45.00 $1,845.00 16. Tree 1 EA $400.00 $400.00 17. Valve, Adjust to Grade 2 EA $350.00 $700.00 18. Maintaining Traffic 1 LS $5,000.00 $5,000.00 19. PVC Schedule 80, 2 ", and Nylon Pull Rope 115 LFT $10.00 $1,150.00 20. Light Pole Foundation 1 EA $2,500.00 $2,500.00 21. Temporary Bollard 1 EA $400.00 1 $400.00 Total Temporary Bollard to be placed on light pole foundation in lieu of light fixture until balance of project is completed F:%ProJoMW947480d Dom meet %Quote DouxnerftjOuote Farm 2011 04- 20AS)Coat Estimate $33,400.00