HomeMy WebLinkAboutNo. 2910 approving/authorizing the execution of an addendum to the Master Agency Agreement (Nimtz Parkway Multi-Use Path, Phase 1 - Engineering) 2910-11RESOLUTION NO. 2910
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering)
(2910 -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 Nimtz Parkway Multi -Use Path, Phase 1 - 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 ( Nimtz Parkway Multi -Use Path, Phase 1 - 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
F''1
ATTEST:
Nancy N. King, cretary
South Bend Redevelopment Commission
G
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPM
Marcia I. Jones esident
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering)
2910 -11
This Addendum to Master Agency Agreement (this "Addendum "), made and
entered into as of the 11th day 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 Nimtz Parkway Multi -Use Path,
Phase 1 - 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 Nimtz Parkway Multi -Use Path, Phase 1 - 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.
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
G
C�
14
Exhibit "A"
NIMTZ PARKWAY MULTI -USE PATH, PHASE 1 — ENGINEERING
See attached proposal from Abonmarche dated June 22, 2011
ABONMARCHE
Confidence By Design
June 22, 2011
Mr. Bill Schalliol
City of South Bend
Department of Economic Development
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
Engineering
Architecture
Land Surveying
Marina /Waterfront
Community Planning
Landscape Architecture
Development Services
RE: Nimtz Parkway Multi -Use Path
From just east of the Blackthorn Golf Course entrance to the west side of Mayflower Road
Dear Bill,
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 meeting with you.
We greatly appreciate the opportunity to submit our proposal and look forward to working with you on
this project. Our proposed scope of services is set forth in Appendix A; the associated fees in Appendix
B; and the proposed work schedule in Appendix C. If you have any questions or concerns, please do
not hesitate to contact our office.
If our proposal is acceptable, please sign and return the enclosed standard agreement to authorize us
to proceed. We thank you for this opportunity to serve the City of South Bend.
Sincerely,
Abonm sulta , c.
Ro r T. Nawrot, P & PLr S
Senior Project Manager
F: \Proposals \City of South Bend \Nimtz Parkway Multi -Use Path \cvr Itr 06 -22 -11
0750 Lincoln Way East 341 Airport North Office Park 95 West Main Street 361 First Street
South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 Manistee, MI 49660
574.232.8700 260.497.8823 269.927.2295 231.723.1198
www.abonmarche.com
503 Quaker Street
South Haven, MI 49090
269.637.1293
ME0 Abonmarche Professional Services Agreement
ABONMARCHE
Bence By Design
%0�
AGREEMENT between: Abonmarche Project Number:
Client name: City of South Bend Community and Economic Development Department Date: June 22, 2011
Client address: 227 W. Jefferson Blvd., County -City Building, Rm. 1200, South Bend, IN. 46601 Phone: 574- 235 -4852
Cell: Fax: Email: 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: Nimtz Parkway Multi -Use Path
Location: The path will be on the south and east side of Nimtz Parkway from the entrance to Blackihorn Golf Course to the west side of
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
Scope of work: Engineering and Surveying Services as outlined in Appendix "A"
Project schedule: See Appendix "C"
Special Provisions:
Abonmorche proposal /work plan, dated 6/22/11 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:
$) $38,800.00 (See Appendix "B ")
A
or 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.
Abonmarche invoices are due upon receipt.
The Client has designated Mr. 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 performed 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 agree to the Terms
and Conditions on Pope 2 of this Aareement, and 1 understand that the Terms and Conditions take precedence over oll prior oral and written understandings
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 u n e third day after being deposited
into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Representative Authorized Abonmarche Rp(pr9CentotIve
Client: City of South Bend Board of Public Works Signature:
Date Signed: Printed Name: Roger T. Now
rot, PE 3 PLS
Signatures: Title: Senior Project Manager
Abonmarche Consultants, Inc.
Originating Office: 750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
F 574.251.4440
Date Signed: June 22, 2011
Revised 5 -4 -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
shall be subordinate and subject to these provisions.
%Conditions
Execution. Abonmarche has the option to render this Agreement null and void,
1
iiiiiiillif it is not executed within thirty l30) days of delivery.
3. Client ResponsIbMes. 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
Abonmorche 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. Abonmarche makes no warranty, expressed or implied, with
respect to any services provided by Abonmorche. 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 an hourly rate, Client will pay Abonmarche
at the current hourly billing rates. The hourly rates are adjusted annually or as
deemed appropriate. -
1
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or indirectly for the Client's Project, will be charged at Abonmarche's
19
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 telefax charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permits. Subconsultant and outside technical or professional services will be
charged on the basis of the actual costs times a factor of 1.15.
20
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
21
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
22
added to the agreed price. Requests for extra services should be made in
writing via a change order, but none the less, Abonmarche is entitled to be paid
for extra services provided whether or not it is in writing.
8. Underground Structures or Buried Unities. 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
23
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
24
necessary. Utility locating or marking services provided by Abonmarche are not
substitutes for complying with the utility owner notification requirements or the
locating services (811 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
25.
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
26.
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.
I O.Slte 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 is
solely responsible for site security.
Abonmarche, unless specifically stated otherwise in an amendment to this
Agreement. Any elecrronic media provided under this Agreement to the Client
are only for the convenience of the Client. Any conclusions or informofion
obtained or derived from such electronic files 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 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.Third 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 Abonmarche'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.
].Third Party Beneficiaries. Nothing contoined 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. Abonmorche'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, subcontrcctors, subconsultonts, vendors and other entities involved
in this Project to carry out the intent of this provision.
8.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 Contrcoo, or to stop 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 laws 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 are 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 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 anticipated.
Termination. Either the Client or Abonmarche may terminate this Agreement by
giving ten (10) days written notice to the other party. In such an 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 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.
Entire 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 5/4/11
to perform services which are typically the Client's responsibility, such as surveys,
geotechnical and environmental assessments. The Client agrees that
Abonmorche 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. Abonmarche 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
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
jlegal 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.Elechonic 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
Revised 5 -4 -11 Page 2 of 2
Ane 22, 2011
City of South Bend
Proposal for Engineering Services
Nimtz Parkwav A9ulti -use Path Page 1 of 3
APPENDIX "A"
Work Plan
PROJECT SCOPE
The proposed project consists of the design and development of bid documents for the
construction of a multi -use path 8 feet in width from the entrance to Blackthorn Golf Course
to the west side of Mayflower Road over a distance of 4,400 feet. A rest area will be
developed near the golf course 15`I' tee.
This project will require field survey, roadway design and landscape design. The topographic
survey will survey the area from the south and east curb line to the existing right -of -way line in
the areas that were not surveyed previously for the Mayflower Sewer Project. Lighting for the
path will be designed to mount on the path side of the existing light poles.
SCOPE OF SERVICES
The scope of services proposed herein includes the design and development of bid documents
for the project and are further described as follows:
Task #1: Field Survey
(a) Obtain recorded plats, deeds of all adjacent properties, and section line documentation;
(b) Obtain utility maps for all of the utilities in the existing right of way;
(c) Establish the existing right of ways and set construction control lines. Witness survey
horizontal control points;
(d) Run benchmark levels circuit setting temporary benchmarks no further than 500 feet
apart;
(e) Obtain location of existing manholes, storm water inlets and water valves. Detail
measure existing manholes to get inverts and sewer sizes;
(f) Locate existing utilities that are in the right of ways;
(g) Obtain topographic data;
(h) Plot the topographic survey and develop existing contours.
Task #2: Path Design
(a) Prepare plan and profile sheets from the topographic survey;
(b) Develop proposed typical sections;
(c) Design proposed grades and geometrics;
(d) Plot existing and proposed cross sections in all areas at intervals of 50 feet;
(e) Design the rest area;
CA (f) Prepare preliminary estimate of probable construction costs;
(g) Prepare maintenance of traffic plan and construction staging sequences;
Engineers Planners Architects Surveyors
I n«
c^
hi
r > e
_' 7 �# a N'`+r. ^`�s •d — ' �` ys{,lT•TSla- �� �•1
�� � na � i..... •N�• r. --r � r•p
} do 4
g
a
9u le # r.
sus ,,:�., �`, - • '�, . „ , � �� >��x`� ,;
tit r. ` .. ,.. r • r -� '�
a ;fir.
t{ �
June 22, 2011
Cihv of South Bend
Proposal for Engineering Services
ILNimt_ Par")ay Multi -use Path Page 2of 3
19
(h) Submit preliminary field check plans to the City;
(i) Attend field check meeting with the City;
0) Revise the preliminary plans from the preliminary field check meeting;
(k) Finalize landscape and intersection details;
(1) Prepare a sign plan and sign summary;
(m) Develop erosion control plans and permit;
(n) Calculate project quantities including earthwork using the cross sections;
(o) Prepare the project special provisions and specifications;
(p) Final design of path lighting plan;
(q) Submit the final plans and special provisions for the City;
(r) Revise the final plans and special provisions per the City review;
(s) Revise the cost estimate,
(t) Revise the special provisions;
(u) Submit the tracings and special provisions to the City for bidding.
A Geotechnical Investigation will be provided by the City if necessary. Any right -of-
way engineering services will be an additional service.
Task 93: Bid Period
(a) Attend the pre -bid meeting;
(b) Answer bidding questions;
(c) Prepare necessary addendums to the contract bid documents;
(d) Attend bid opening and the tabulate bids.
Task #4: Construction Period
(a) Attend pre - construction conference;
(b) Answer City, Contractor, and public questions from the field.,
(c) Review shop drawings and check construction compliance in accordance with the
contract document;
(d) Attend field progress meetings as required by the City.
Engineers Planners Architects Surveyors
C�
14
Jame 22. 2011
City ofSouth Bend
Proposalfor Engineering Services
Mintz Parinvav Multi -use Path Page 3of 3
APPENDIX "B"
SUMMARY OF FEES
Identified below are the estimated costs based upon the "Scope of Services" in Appendix "A ".
Abonmarche will invoice the City on a monthly basis for the percentage completed for the
lump suns tasks to an amount of $38,800.00. The following are the fees for the various tasks:
Task#1 Field Survey ...................................... ............................... ......................$7,900.00
Task #2 Path Design .................. ............................... .....................$25,600.00
Task#3 Bid Period .......................................... ............................... ......................$2,800.00
Task 44 Construction Period ........ ............................... ......................$2,500.00
Total Amount:
APPENDIX "C"
ANTICIPATED SCHEDULE
Completion Time
$38,800.00
Task #1 Field Survey Within 14 days from the Notice to
Proceed Weather Permitting
Task #2 Path Design Within 45 days from the Notice to
Proceed
Task #2 is exclusive of City review time.
Engineers
Planners
Architects Surveyors