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Community & Economic Development
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission, Board of Public Works
From: Bill Schalliol, Economic Development Planner
Subject: Resolution 2904 and Addendum To Master Agency Agreement
Douglas Road Bus Shelters - Engineering Project
Date: June 23, 2011
Attached to this memorandum is Resolution 2904 and Addendum To Master Agency Agreement for
the Douglas Road Bus Shelters — Engineering Project. The addendum also contains a proposal
from Abonmarche to design and develop construction drawings for this project. The proposal is in
the amount of $7,300.00.
As part of the Douglas Road construction project, the City created two bus pull in area, one for east
bound and one for west bound bus traffic. It was the intention of staff to construction the shelter
pads and shelters as part of the project, but based on budgets at the time of the project
construction, this element was delayed. Based on the amount of bus traffic that Brown Mackie and
the Memorial Home Health facility generate, there has become a need for these bus shelter
locations.
Staff requests approval of Resolution 2904 and the Addendum To Master Agency Agreement for the
Douglas Road Bus Shelters — Engineering Project.
What We Do Today Makes A Difference!
RESOLUTION NO. 2904
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Douglas Road Bus Shelters - Engineering)
2904 -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 Douglas Road Bus Shelters - Engineering 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 (Douglas Road Bus Shelters - Engineering) 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. 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
June 28, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Douglas Road Bus Shelters - Engineering)
2904 -11
This Addendum to Master Agency Agreement (this "Addendum "), made and
entered into as of the 11`h of July 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 Douglas Road Bus Shelters -
Engineering (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 Douglas Road Bus Shelters - Engineering 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.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Carl Littrell, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
Douglas Road Bus Shelters — Engineering
See attached proposal from Abonmarche dated May 19, 2011
ABONMARCHE
0 Confidence By Design
May 19, 201 1
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: BUS SHELTERS
DOUGLAS ROAD /MARKET PLACE DRIVE
Proposal for Design Services
Dear Bill:
Engineering
Architecture
Land Surveying
Marina /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,
Principal /Chairman of the Board
750 Lincoln Way East 341 Airport North Office Park 95 West Main Street
South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022
574.232.8700 260.497.8823 269.927.2295
www.abonmarche.com
361 First Street
Manistee, MI 49660
231.723.1198
503 Quaker Street
South Haven, MI 49090
269.637.1293
i
Abonmarche Professional Services Agreement
ABONMARCHE
AGREEMENT between: Abonmarche Project Number:
Client Name: CITY of SOUTH BEND, REDEVELOPEMENT COMMISSION Date:
Client Address: COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone:
Cell:
SOUTH BEND, IN 46601
Fax: 574 - 235 -9021 Email:
to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmorche, 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: PEDESTRIAN SHELTERS for BUS SERVICE
Location: DOUGLAS ROAD / MARKET PLACE DRIVE
SOUTH BEND, INDIANA
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
Scope of work:
Project schedule:
Special Provisions:
DESCRIBED IN APPENDIX A
OUTLINED IN APPENDIX B
NONE
MAY 19, 2011
574- 235 -5834
hereinafter referred
Abonmarche proposal /work plan, dated MAY 19, 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: $ 7,300.00
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 vAII send its standard form of invoice.
If, after receipt of an 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
execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to
be oerformed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications.
Authorization to Proceed and Guarantee of Payment By signing 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 oaree to the Terms
and Conditions on Page 2 of this Aareement, and I understand that the Terms and Conditions take precedence over all prior oral and written
understondinas. 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 duly 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 Representative
Authorized Abonmarche Representative
CITY OF SOUTH BEND
Client: REDEVELOPMENT COMMISSION
Signature:
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:\Proposols\P thru T\S \South Bend Cit \Dou las Road \Bus Shelters\COSB PSA
05 -19 -1 l.docx
COSB reviewed 05-04-11 Page 1 of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
1. Agreement. 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 these Terms and
Conditions shall be subordinate and subject to these provisions.
2. Execution. Abonmarche has the option to render this Agreement null and void, I
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. The Client will assume responsibility
for interpretation of contract documents and for construction observation and 1
will waive all claims against Abonmarche that may be in any way connected,
unless Abonmarche's services under this Agreement include full -time
construction observation or review of contractor's performance.
4. Performance. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmorche's I
profession practicing under similar circumstances at the some time and in the
some locality. Abonmarche makes no warranty, expressed or implied, with
respect to any services provided by Abonmarche. Abonmarche will not be
liable for any claim, damages, cost, or expense (including attorney's fees) or
other liability or loss not directly and solely caused by the negligent acts, errors,
or omissions of Abonmarche.
5. Hourly Billing Rates. If payment is on on hourly rate, Client will pay Abonmarche
at the current hourly billing roles. The hourly rates are adjusted annually or as
deemed appropriate. i S
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or indirectly for the Client's Project, will be charged at Abonmarche's 1 9
current rates. Examples of reimbursable expenses include. but are not limited to:
mileage, tests and analyses, special equipment services, postage and delivery
charges, telephone and ielefox charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permits. Subconsultani and outside technical or professional services will be
charged on the basis of the actual costs times a factor of 1.15. 2 0
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 2
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 services covered by this Agreement, the cost will be 2 2
added to the agreed price. Requests for extra services should be made in
writing via a change order, but none the less, Abonmorche is entitled to be paid
for extra services provided whether or not it is in writing.
8. Underground Structures at Buried Utilities. 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 lanks 2 3
and lines, or gas, water, sewer, electrical, phone, cable, or any other public or
private utilities. It is agreed that Abonmarche is not responsible for accidental
damage to utilities or underground structures, whether known, unknown or
improperly located. The client shall be responsible for design fees if changes are 2 4
necessary. Utility locating or marking services provided by Abonmarche are not
substitutes for complying with the utility owner notification requirements or the
locating services (8) 1 systems) required prior to an excavation. Utilities shown as
located by ground penetrating radar are approximate only. No excavation
took place to verify the positions shown or to verify the type of utility (except as 2 5
noted). Careful excavation is required for verification of the buried utility. The
owner or customer assumes the risk of error and the actual location of the
underground utility. Abonmarche is not providing any certification or guarantee
regarding the exact location of any underground utility.
9. Underground Conditions. Abonmarche shall have no responsibility for the
identification of existing or unforeseen /differing underground conditions. The
Contractor shall have sole responsibility for determining the nature of
underground conditions and the means and methods of dealing with those 2 6
conditions. Abonmarche is entitled to rely upon the information provided by
geotechnical consultants and shall have no responsibility for the accuracy or
correctness of the data contained in the geotechnical reports.
10. 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 b
solely responsible for site security.
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.
5.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 services.
6.Thlyd party Invoicing. If the Client directs Abonmarche to invoice third party
payers, Abonmarche will do so, but the Client agrees to be ultimately
responsible for Abonmorche's compensation until the Client provides
Abonmarche with the third party's written acceptance of all terms of this
Agreement and until Abonmarche agrees to the substitution.
7.Third Party Beneficiaries. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party
against either the Client or Abonmarche. Abonmarche's services under this
Agreement are being performed solely for the Client's benefit, and no other
party or entity shall have any claim against Abonmarche because of this
Agreement or performance or nonperformance of services hereunder. The
Client and Abonmarche agree to require a similar provision in all contracts with
contractors, subcontractors, subconsultants, vendors and other entities involved
in this Project to carry out the intent of this provision.
.Suspension of Services. In the event of non - payment by Client, Abonmarche
will have the absolute right to cease performance of any services.
.Contractor's Work: Abonmarche shall have no authority to direct or control the
Work of the Contractor or to slop the Work of the Contractor. Abonmarche shall
not be liable to any party for the failure of the Contractor to perform the Work
consistent with the Plans and Specifications and applicable Codes and
Regulations. Abonmarche shall have no responsibility or be liable for safety
procedures of the Contractor or its subcontractors.
.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.
.Governing Law. This Agreement will be deemed to have been made in St.
Joseph County, Indiana and shall be governed by and construed in
accordance with the lows of the State of Indiana.
.Venue. The parties (a) irrevocably submit to the jurisdiction of any Indiana court
sitting in St. Joseph County, Indiana in any action arising out of this agreement,
and (b) waive, to the fullest extent that they may effectively do so, the defense
of an inconvenient forum. The parties also agree that a final judgment in any
such action shall be conclusive and may be enforced in other jurisdictions by
suit on the judgment, or in any other manner provided by law.
.Considerations. The successors, executors, administrators, and legal
representatives of the Client and Abonmarche ore hereby bound onto the
other with respect to the covenants, Agreements, and obligations of this
Agreement.
.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.
.Termination. Either the Client or Abonmarche may terminate this Agreement by
giving fen (10) days written notice to the other party. In such an event, the
Client will pay Abonmorche in full for all services previously authorized and
performed prior to the effective date of the termination, plus (at the discretion
of Abonmarche) a termination charge to cover finalization of services necessary
to bring ongoing services to a logical conclusion. Upon receipt of such
payment, Abonmarche will return to the Client all documents and information
that are the property of the Client.
.Enfire Agreement. This Agreement contains the entire agreement between the
parties and there are no agreements, representations, statements, or
understandings which have been relied on by the parties which are not stated
in this Agreement.
End of Agreement.
I I.Consutiants. 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,
geotechnical and environmental assessments. The Client agrees that
Abonmarche 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 liable for any claim, liability, or defense cost for injury or
loss sustained by any party allegedly caused by the Consultants' negligence or
willful misconduct.
12.Opinlons 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.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.
14.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
COSB reviewed 05-04-11 Page 2 of 2
May, 2011
City of South Bend
Proposal for Design Services
Douglas Road /Market Place Drive - Bus Shelters Page 1 of 2
APPENDIX A
WORK PLAN
PROJECT SCOPE
This project consists of the installation of two (2) shelters near the intersection of Market
Place Drive and Douglas Road. The shelters are for pedestrian use while waiting for
Transpo bus service to arrive.
SCOPE OF SERVICES
Our proposed services consist of design development, presenting shelter design
concepts (for pre- manufactured structures) to the City, and preparing plans,
specifications, and quote package. We will also provide construction
administration /inspection, if requested.
Engineers Architects Planners Surveyors
May, 2011
City of South Bend
Proposal for Design Services
Douglas Road /Market Place Drive - Bus Shelters Page 2 of 2
APPENDIX B
FEES AND SCHEDULE
SUMMARY OF FEES
Abonmarche will be paid an amount not -to- exceed $ 7,300.00 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. The following are the not -to- exceed fees for the various tasks based upon
the attached staff hour justification (Appendix "A -1 "):
Task # 1: Design, Plans, Specifications & Quote Package .. ............................... $ 5,400.00
Task #2: Construction Administration /Inspection (T&M) ..... ............................... $ 1,900.00
TOTALLump -Sum Amount ........................................................... ..............................$ 7,300.00
ANTICIPATED SCHEDULE
Task Estimated Completion Time
Task # 1 Design /Quote Package
Task #2 Construction Admin /Insp
NOTE:
None.
Within 15 days from Notice to Proceed
As needed
Engineers Architects Planners
Surveyors