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HomeMy WebLinkAbout6C (14)&CC. /Y) mot-and me A ,;ix „ o Community & Economic Development" lK5 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 2971 & Amendment to the Addendum To Master Agency Agreement Mayflower /Hutsfield Square Infrastructure Project — Supplement #1 Date: December 6, 2011 Attached to this memorandum is Resolution 2971 and Amendment to the Addendum To Master Agency Agreement for the Mayflower /Hutsfield Square Infrastructure Project — Supplement #1. the purpose of this amendment is to add supplemental funds to an existing contract with Abonmarche to continue to provide project oversight and inspection related to both the sewer and roadway construction projects until the completion of the project. As part of the approval of Resolution 2893 and the Addendum to the Master Agency Agreement, the Commission and Board of Public Works approved a contract with Abonmarche to provide Project Oversight/Inspection in the amount of $86,740.00. The purpose of the contract was to allow for an additional (outside) inspector to be in the field to deal with project construction issues. Based on the complexity of the project, the service was well worth the expense, but we need some additional funding to provide additional inspection services to close out the sewer and road project and complete all required closeout documentation. Staff requests approval of Resolution 2971 and the Amendment to the Addendum To Master Agency Agreement for the Mayflower /Hutsfield Square Infrastructure Project — Supplement #1. What We Do Today Makes A Difference! RESOLUTION NO. 2971 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Mayflower /Hutsfield Square Infrastructure Project) (Relates to 2893 -11) 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, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Mayflower /Hutsfield Square Infrastructure Project to the Master Agency Agreement by way of an Addendum; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Mayflower /Hutsfield Square Infrastructure Project - Supplement #1) 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 this Amendment to 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 December 13, 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 AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Mayflower /Hutsfield Square Infrastructure Project - Supplement #1) (2971 -11 / Relates to 2893 -11) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment''), made and entered into as of the 22nd day of December, 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 Mayflower /Hutsfield Square Infrastructure Project - Supplement #1 (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, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Mayflower /Hutsfield Square Infrastructure Project to the Master Agency Agreement by way of an Addendum on June 14, 2011. WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. 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 originally described in "Exhibit A ", and now amended as described in "Exhibit B ", 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. (Signature Page Follows) 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" MAYFLOWER/HUTSFIELD SQUARE INFRASTRUCTURE PROJECT Proiect Budget Mayflower Boulevard Construction - $ 2,499,736.21 Mayflower Sewer Construction - $ 1,868,743.50 Project Oversight /Inspection - $86,740.00 See attached proposal from Abonmarche dated June 3, 2011 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS June 27, 2011 Mr. Roger Nawrot Abonmarche Consultants 750 Lincoln Way East South Bend, Indiana 46601 PHONE 574 /235 -9251 FAx 574/235 -9171 RE: Professional Services Agreement — Design of Mayflower/Hutsfleld Square Infrastructure Project No. 110 -036 Dear Mr. Nawrot: The Board of Public Works, at its meeting held on June 27, 2011, approved the above referenced Professional Services Agreement in the amount of $86,740.00. Enclosed is a copy of the Professional Services Agreement for your records. If you have any questions, please contact me at (574) 235 -9251. Sincerely, t Linda M. Martin, Clerk Enclosure c: Bill Schalliol, CED Toy Villa, Engineering Rob Nichols, Engineering Judy Love, CED Beth Leonard, CED GARY A. GII.oT, P.E. DONALD E. INKS CARL P. LITTRELL PRESIDENT MEMBER MEMBER Abonmarche Professional Services Agreement ABONMARCHE Coneden::A By Design AGREEMENT between: Abonmarche Project Number. Client name: City of South Bend Department of Public Works Date: Client address: 227 W Jefferson Blvd County -City Building Rm. 1316 South Bend. IN 46601 Phone Cell: Fax: Email: June 3, 2011 574 -235 -9251 hereinafter referred 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: Mayflower Road Sanitary Sewer and Road Relocation Part Time Construction Inspection _ Location: Nimtz Parkway Lift Station to Brick Road The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: Scope of work: Engineering Services Outlined in Appendix "A" Project schedule: Schedule Outlined in Appendix "B" Special Provisions: Abonmorche proposal /work plan, dated described therein. is incorporated into this Agreement by reference, and is limited to the services The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following: (fee $) Not -To- Exceed $86,740.00 as Outlined in Appendix. "C" 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 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. Abonmorche invoices ore due upon receipt. The Client has designoted Mr. Toy Villa 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 performed by Abonmorche. The representative shall be the contact person for submission of all documents, invoices or communications. Authorization to Proceed and Guarani" 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 f ackn wfedae that 1 have received and ggree to the Terms and Conditions on Paae 2 of this Aareement and I understand that the Terms and Conditions take precedence over all prior oral and written underston in_ . These Terms and Conditions con only be amended, supplemented, modified, or canceled by a written instrument signe th parties. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally delivered or u th d day after being deposited Into first class certified mail, postage prepaid, return receipt requested. Authorized Client Re esentatlive Authorized Abonmarche res alive 4 Client: -City of South blic Works and Safe�y Signature: — Dole Signed: Bwed of Public Worms _ f J Printed Name: Roger T. Nowrot, PE & PLS .� Signatures: _ _ ._ Title: Senior Project Engineer Abonmarche Consultants, Inc. Originating Office: 750 Lincoln Way East i+ South Bend, IN 46601 T 574.232.8700 F 574.251.4440 Date Signed: June 3, 2011 _ry Revised 5-4-11 rage t Or z TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT I . 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 stall be subordinate and subject to these previsions. 2. Execution. Abanmorche has the option to render this Agreement null and void, 1 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 documenis and for construction observation and 1 will %&oive all claims against Abonmorche that may be in any way connected, unless Abonmarche's services under this Agreement include full -time construction observation or review W 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 Abonmarche's 1, profession practicing under similar circumstances at the some time and in the some locality: Ab- onmarche makes no warranty, expressed or implied, with respect to any services provided by Abonrmache. 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 B" Rates. If payment is on an hourly rate, Client wig pay Abonmarche at the current hourly biAing rates. The hourly rates are adjusted annually or as deemed appropriote. 6. Relmbufsoble Expenses. Reimbursable expenses, the actual costs incurred directly or indirectly for the Client's Project, will be charged at Abonmarohe's i current rates. Examples of reimbursable ewpenAS Include, but are not limited to: moeoge, tests and analyses, special equipment services, postage and delivery charges, telephone and telefax charges, copying, printing, and bindirvg charges, commercial transportation, meals, lodging, special fees, licenses, and permits. Subconsultonl and outside technical or professional services 'evill bP charged on the basis of the actual costs times a foOCA of 1.15. 7. Additional $eMces. Additional services that may be provided pursuant to the Agreement or any subsequent modification of the Agreement will be outtrorized. when possible, by written amendment signed on behalf of the Client and Abonmorche. 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 m�dificolion or addition to services covered by this Agreement, the cost will be added to the agreed price. Requests for extra services should be made in writing 'a a change order, but none the less, Abonmarche is entitled to be paid for extra services provided whether or not it is to writing. 8. Underground Structures or hided URIRfes. The Client is responsible for Identification and location of all public and private buried structures on the Client's property and the Project site, such as, but not limited to, storage tanks and lines. or gas, water, sewer, electrical, phone, :Able, or any other public or prnaie utilities. If 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 necessary. Utility locating or marking services provided! by Abonmarche are not substitutes for complying w th the utility owner notification requirements a the locating services (81 I systems) required prior to an excavation. Utilities shown as located by ground penetrating rocky are approximate only. No ex ^ovation took place to verify the positions shown or to verify the typo of utility (except os 2 noted). Careful excavation is required for verification of the buried utilily. 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 /diftering underground conditions. The Contractor shall have safe responsibility for determining the nature of underground conditions and the means and methods of dealing with those 2 conditions. Abonmarche 's entitled to rely upon the information provided by geolechnlcal consultants and stag have no responsib0ity for the accuracy or correctness of the data contained in the geotechnicol reports. 10.31te Access and Security. With the exception of access rights that land surveyors are off rded by law, the Client will provide Abonmarche access to the Project site and the Client wig be responsible for obtaining any necessory permission from any affected third party property owners for use of their lands. The Client is Abonmarche, unless specifically- state =j otherwise In an amendment io the Agreement. Any electronic mF -die 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 flies will be at the user's sole risk. S. bonds and Permits. The Client will be responsible for the adoption of any site access or right of way bonds that may be initiated cn their behalf. At completion of Abonmarche's Fenvice,, the Client will take responsibility and pay any ongoing bond or permit costs for any bonded a permitted services. 6.TWrd party Imroldrig. If the Client directs Abonmarche to irnvrtce third party payers, Abonmarche will do so. but the Client agrees to be ultimately responsible for Abonmarche's compensation unto the Client provides Abonmorche with the third party's written acceptance of all terms of this Agreement and until Abonmarche agrees to the substitution. '.Third Party tieiraff rtes. Nothing contained in this Agreement shall create a contractual relationship with or a cease 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 oil contracts with contractors, subcontractors, subconsuftonts, vendors and other entities involved in this Project to carry out the intent of ties provision. B,Suspension of SerAces, In the event of iron- payment by Client, Abonmarche will have the absolute right to cease performance of any, services. S. Confraetar's Wodc Abonmarche shall have no authority to direct or control the Work of the Contractor or to stop the Work of the Contractor. Abonmorche shall not be liable to any party for the foaure of the Contractor to perform the Work consistent with the Plans and Specifications and applicable Codes and Regulations. Abonmarche shall have no responsibility a be liable for safety procedures of the Contractor or its subcontractors, 20.Corwquentiot Damages, The Client and Abonmarche waive consequential damages for claims, disputes, or other matters in question relating to services provided as o part of this Agreement, including for example, but not limited to, Icss of business. (.Governing Low. This Agreement will be deemed to have been made in St. Joseph County, Indiana and stroll be govemed by and construed In accordance with the laws of the State of Indiana. 22. 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 (bj waive, to the fullest extent thot 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 concl&ve and may be enforced in other jurisdictions by suit on the judgment, or in any other manner provided by law. 23.Conslderations. 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 Agreemeni. 4.Acts of God. Neither the Client nor Abonmarche wilt have any ][ability for nonperformance caused in whole or in Fart by causes beyond Abonmorche'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 onticip=.Aed. S.Termination. Either the Client a Abonmarche may terminate this Agreement by giving ten (10) days written notice to the other porn. In such on event, the Client will pay Abonmarche in full for all services previously authorized and performed prior to the effective date of the termination. plus (at the dscreiion 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. 6.EaRre Agreement. This Agreement contains the entire agreement between the parties and there are no agreements, representotions, statements. or understandings which hole been relied on by the parties w'h-ch ore not stated in this Agreement. End of Agreement. solely responsible for site secuniy. 1 I.ConsuNonh. Abonmarche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Department 5/4/11 to perform services which are typically the Client's responsibility, such as surveys. geotechnical and environmental assessments. The Client agrees that Abonmarche will not bEe responsible for, or in any manner guarantee, the performance of services by the Consultants. The Client agrees that Abonmarche will not be liable for ony claim, liability, or defense cost for injury or loss sustained by any pity, allegedly caused by the Consultants' negligence or willful misconduct. 12.0pkAons of Cost- Any opinions of probable construction cost and /or total project cost provided by Abonmarche will be on the bosis of experience and judgment, but these are only estimates. Abonmarche does not warrant that bids ar ultimate construction of total project costs will not vary from such estimates. 13.0wnershlp 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 fug legal responsibility, without liability to Abonmarche and the Client will defend, Indemnity, and told Abonmarche harmless from oil claims. damages, losses, and expenses, including attorney fees arising out of or resulting there from. 14.115echonlc Media. Copies of data, reports, drawings, specifications, and other materials furnished by Abonmarche that may be retied 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 ties of text, data. graphics, or of other types of electronic ma6o are the sole possession of Revised 5 -4 -11 ,Page 2 of 2 June 2011 City of South Bend Proposal for Engineering Services Construction Inspection Mayflower Road Sanitary Sewer and Relocation Page 1 APPENDIX A SCOPE OF SERVICES The proposed project consists of providing construction inspection of Mayflower Road Sanitary Sewer Project, Phase I City Project No. 109 -055 from the Nimtz Parkway Lift Station to Brick Road and the Relocation of Mayflower Road City Project No. 110 -036 from Cleveland Road to Brick Road. A. Engineertna Personnel: ABONMARCHE will provide one (1) Resident Project Representative, inspectors, and clerical personnel as required for a period of time necessary to complete both of the construction projects and final construction reports. The full time Resident Project Representative will take directions from and report to the City of South Bend Construction Manager (Construction Manager) on all matters concerning contract compliance and administration. B. Description_ of Services: 1) Construction Schedule: Review the construction schedule prepared by the Contractor for compliance with the contract, and give to the City of South Bend (South Bend) detailed documentation concerning its acceptability. 2) Conferences: Attend pre - construction conferences as directed by South Bend; arrange a schedule of progress meetings; and such other job conferences as required for the timely and acceptable conduct of the project. Record for South Bend, as directed, minutes of such meetings. 3) Liaison: Serve as South Bend's liaison with the Contractor, working principally through the Contractor's Field Superintendent or such other person in authority as designated by the Contractor. Acting in liaison capacity, the Resident Project Representative shall be thoroughly familiar with the plans and specifications applicable to the project to insure that all provisions therein are complied with. Any deviation observed shall be reported to South Bend by the Resident Project Representative 4) Assistance: Assist South Bend, in obtaining from the Contractor a list of his proposed supplies and sub - contractors. Also obtain from the Contractor, additional information and details when needed as the job site for proper execution of work. 5) Review: The Contractor's payroll records as directed by South Bend and then forward the same to the Construction Manager. 6) Shop Drawings: a. Receive shop drawings and false work drawings and forward to the Design Engineer for approval. Engineers Architects Planners Surveyors June 2011 City of South Bend Proposal for Engineering Services Construction Inspection Mayflower Road Sanitary Sewer and Relocation Page 2 b. Review approved shop and false work drawings, specifications, and other submissions, record receipt of this data, maintain a file of all drawings and submissions, and check construction for compliance in accordance with the contract documents. c. Alert the Contractor's field Superintendent when it is observed that materials or equipment are being or about to be used or installed before approval of shop drawings or samples, where such are required, and advise South Bend when he believes it is necessary to disapprove work as failing to conform to the contract documents. 7) Review of Work and Inspection: a. Conduct on -site inspection for South Bend of the work in progress as a basis for determining that the project is proceeding in accordance with the contract documents. b. Verify that required testing by the Contractor has been accomplished. 8) Modification: Consider and evaluate the Contractor's suggestions for modifications in drawings and /or specifications and report them with recommendations to South Bend. 9) Records: a. Prepare and maintain at the job site, orderly files of correspondence, reports of job conferences, shop drawings and other submissions, reproductions of original contract documents, including all addenda, change orders, and additional drawings subsequent to the award of the contract, progress reports, and other project related documents. b. Keep a diary or log book recording hours on the job site, weather conditions, and a list of visiting officials, decisions, general observations, and specific observations with regard to test procedures. c. Maintain for South Bend a record of names, addresses, and telephone numbers of all sub - contractors and major material supplies. d. Maintain a set of drawings on which authorized changes are noted, and deliver to South Bend upon request, but in any event at the completion of the project. e. Prepare the final construction record and final estimate as required by South Bend. 10) Reports; Furnish to South Bend, at periodic intervals as required, progress reports of the project, including the Contractor's compliance with the approved construction schedule. 1 1) Progress Estimates: Review progress estimates for periodic partial payments to the Contractor and deliver to South Bend for review and processing. The payments to the Contractor will be based on estimates of the value of work performed and Engineers Architects Planners Surveyors June 2011 City of South Bend Proposal for Engineering Services Construction Inspection Mayflower Road Sanitary Sewer and Relocation Page 3 materials complete in place in accordance with the contract. 12) Project Responsibility: The Resident Project Representative will be responsible for the documentation of pay quantities and estimates, and the maintenance of appropriate records related to the construction of this project. 13) Work Schedule and Suspension: The Abonmarche crew will be required to regulate their work week to conform to the Contractor's hours in accordance with the directions of the Construction Engineer. If work on the construction project is suspended and all matters concerning contract compliance and administration are complete, the services of the consultant may also be suspended without cost to the project. APPENDIX B ANTICIPATED SCHEDULE The consultant will be prepared to begin the work under this agreement within five (5) days after a letter of notification to proceed is received from the local public agency. The consultant shall complete and deliver the final construction record and final estimate to the Construction Engineer within forty -five (45) calendar days after the Contractor's last day of work. Engineers Architects Planners Surveyors June 2011 City of South Bend Proposal for Engineering Services Construction Inspection Mayflower Road Sanitary Sewer and Relocation Page 4 APPENDIX C SUMMARY of FEES and SCHEDULE The fee paid Abonmarche by the City of South Bend or the work performed will be on a hourly basis plus reimbursable expenses for mileage, overnight travel pertaining to this project, overnight mail, and outside sub - consultant services (invoices x 1.15) if necessary. The overall estimated fee for the work set forth in Appendix A will not exceed $86,740.00. Abonmarche will invoice the City of South Bend monthly for the work performed in accordance with the following rate schedule: MAXIMUM HOURLY RATES BY JOB CLASSIFICATION CLASSIFICATION HOURLY RATE Regional President $ 200.00 / hr. Vice - President / Senior Project Manager $ 155.00 / hr. Project Manager / Project Engineer / Landscape Architect $ 105.00 / hr. Staff Engineer / Landscape Architect $ 85.00 /hr. Junior Engineer $ 75.00 / hr. Computer / Drafting Technician $ 72.00 / hr. Professional Land Surveyor $ 105.00 / hr. One -Man GPS Crew $ 105.00 / hr. Two -Man Survey Crew w/Total Station $ 120.00 / hr. Two -Man Survey Crew w /GPS Station $ 170.00 / hr. Administrative Assistant $ 54.00 /hr. F: \Proposals \P thru T\S \South Bend City \Mayflower Road Sanitary sewer \P T Construct, Insp. May. Rd. San. Sewer and relocation 6-3-1 l.doc Engineers Architects Planners Surveyors Exhibit No. 1 City of South Bend Mayflower Road Sanitary Sewer Phase I & Mayflower Road Rerouted Part Time Construction Inspection Manhour Justification Abonmarche Consultants, Inc. June 2, 2011 2011 2012 City Project No.109 -055 & 110 -036 Weeks Inspection Staff Engineer Supervision Der Month Hours per Week Hours Hours June 2 40 80 6 July 4 40 160 8 August 5 32 160 10 September 4 32 128 8 October 4 32 128 8 November 4 32 128 8 December 4 20 80 8 January 4 20 80 8 Manhours Estimated 944 64 Hourly Rate $80.00 $155.00 Classification Total $75,520.00 $9,920.00 Staff Engineer $75,520.00 Senior Project Manager $9,920.00 Expenses (mileage) $1,300.00 Estimated Total Amount $86,740.00 F:Proposals\P thru 1'1SWlayflower Road Sanitary Sewer Exhibit "B" MAYFLOWER/HUTSFIELD SQUARE INFRASTRUCTURE PROJECT - SUPPLEMENT #1 See attached Amendment dated November 29, 2011 ABONMARCHE . Confidence By Design November 29, 2011 CITY of SOUTH BEND DEPARTMENT of PUBLIC WORKS County -City Building, Room 1316 227 West Jefferson Blvd. South Bend, IN 46601 ATTENTION: MR. Toy Villa, Construction Engineer RE: PART -TIME CONSTRUCTION INSPECTION FOR THE MAYFLOWER ROAD SANITARY SEWER AND ROAD RELOCATION CITY PROJECT NO. 110 -036 ABONMARCHE PROJECT NO. 11-0415 Dear Toy: Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services Enclosed are two copies of Professional Services Agreement Amendment No. 1 for the above referenced project. This amendment increased the agreement not -to- exceed amount to cover the additional project time that we have spent with the Contractor and the Saturday work that the Contractor has been doing this fall. Please return one copy to us after the Board of Public Works has approved the amendment. We appreciate your consideration of our request. If you have any questions, please do not hesitate to contact our office. Sincerely, Abon r e Consult ts, Inc. er T. Nawrot, PE & R S, Senior Project Manager 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 PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 PART -TIME CONSTRUCTION INSPECTION FOR THE MAYFLOWER ROAD SANITARY SEWER AND ROAD RELOCATION CITY PROJECT #110 -036 This Amendment to our Agreement entered into June 27, 2011, between the City of South Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultant, Inc, referred to as "ABONMARCHE ": Amend Appendix "C" Change: The total not -to- exceed amount of $ 86,740.00 to $ 95,740.00. All other terms and conditions of the Agreement remain in effect. sultants, Inc. City of South Bend 1-n Board of Public Works RoWT. Nawrot,PE & PLS, Senior Project Manager Date Signed: // A -7 /P/,/ Date Signed: F:\Projects\2011 Projects \11 - 0415 \CORK- MEMO\Agrmnt Amndmnt 1 10- 28- 11.doc PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 PART -TIME CONSTRUCTION INSPECTION FOR THE MAYFLOWER ROAD SANITARY SEWER AND ROAD RELOCATION CITY PROJECT #110 -036 This Amendment to our Agreement entered into June 27, 2011, between the City of South Bend, Indiana, Board of Public Works, referred to as "CLIENT' and Abonmarche Consultant, Inc, referred to as "ABONMARCHE ": Amend Appendix "C" Change: The total not -to- exceed amount of $ 86,740.00 to $ 95,740.00. All other terms and conditions of the Agreement remain in effect. Abonmarche Consultants, Inc. r T. Nawrot, E 9 PLS, Senior Project Manager City of South Bend Board of Public Works Date Signed: /_0_PZ_/// Date Signed: FAProjects\2011 Projects \11 - 0415 \CORK- MEMO\Agrmnt Amndmnt 1 10- 28- 11.doc