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HomeMy WebLinkAboutNo. 2912 approving/authorizing the execution of an addendum to the Master Agency Agreement (LaSalle Square, Phase One - Roadway and Utility Design)RESOLUTION NO. 2912 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (LaSalle Square, Phase One — Roadway and Utility Design) 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 LaSalle Square, Phase One — Roadway and Utility Design 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 (LaSalle Square, Phase One — Roadway and Utility Design) 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 mm Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. 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 June 28, 2011, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTES z Nancy N. Kin , Secretar South Bend Redevelopmen Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Marcia I. Jones esident South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (LaSalle Square, Phase One — Roadway and Utility Design) 2912 -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 LaSalle Square, Phase One — Roadway and Utility Design (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 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 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: r F—A L -I 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 CJ Exhibit "A" LaSalle Square, Phase One — Roadway and Utility Design See attached proposal from Abonmarche dated May 4, 2011 N ABONMARCHE Confidence By Design May 4, 2011 Mr. Matthew Sikora, Economic Development Planner City of South Bend Community & Economic Development County -City Building, Suite 1200 227 West Jefferson Blvd. South Bend, IN 46601 RE: LASALLE SQUARE, PHASE ONE - ROADWAY AND UTILITY DESIGN Bonds Avenue Extension & New City Street Adjacent to Library Professional Services Agreement Engineering Architecture Land Surveying Marina /Waterfront Community Planning Landscape Architecture Development Services Dear Mr. Sikora: 9 Abonmarche Consultants is pleased to present this proposal to provide professional services for the project referenced above. We have developed this proposal based upon our past meetings with you and Sterling Development. 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 schedule of fees in Appendix B; and the anticipated project 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, Abonmarche Consultants, Inc. John W. Linn, PE, Principal 750 Lincoln Way East South Bend, IN 46601 574.232.8700 341 Airport North Office Park 95 West Main Street Fort Wayne, IN 46825 Benton Harbor, MI 49022 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 e­mnThe Abonmarche Group Professional Services Agreement AGREEMENT between: Abonmarche Project Number. Client Name CITY OF SOUTH BEND, COMMUNITY & ECONOMIC DEVELOPMENT Date 05 -04 -11 Client Address COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD SOUTH BEND, IN cell fax 574- 235 -9021 Phone 574 - 235 -5834 email msikora @southbendin.goV hereinafter referred to as Client, and Abonmarche Consullants of Indiana, LLC, referred to as Abonmarche, 750 Lincoln Way East, South Bend, Indiana, 46601. The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as: LASALLE SQUARE, PHASE ONE - ROADWAY AND UTILITY DESIGN Project Name BONDS AVENUE EXTENSION AND NEW CITY STREET ADJACENT TO LIBRARY Project Location BENDIX AVENUE AND ARDMORE TRAIL Project Scope Project Schedule PROFESSIONAL SERVICES AS OUTLINED IN APPENDIX A SCHEDULE IN APPENDIX C 05-04 -11 is as follows: The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following: Amount of: $ 62,400.00 AS DETAILED IN APPENDIX B Prior to commencement of work, the Client will specify any and all documentation that the Client requires for submission with the invoice for services provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice. If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there are any deficiencies in the invoice, the Client shall identify the issue in question within ten (1 0) days of its receipt. If no objection is made or question noted within the ten (1 0) day period, any such question or objection shall be deemed waived. The Client has designated MR. MATTHEW SIKORA as its Representative. The Representative will 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 Authorization to Proceed and Guarantee of Payment: By signing below I acknowledge that I have received and agree to the Terms and Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written understandings. Any notice or other communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited into first class certified mail, postage prepaid, return receipt requested. Authorized Client Representative CITY of SOUTH BEND Client COMMUNITY & ECONOMIC DEV. Signature Printed Name Title ATTEST: BOARD of PUBLIC WORKS: Signature Signature Signature Signature Date Signed Signature Printed Name aN W. LINN, PE Title PRESIDENT / CEO Originating ABONMARCHE CONSULTANTS of Office INDIANA, LLC 750 Lincolnway East South Bend, IN 46601 Date Signed May 4, 2011 COSB Reviewed 05/18110 Page 1 of 2 TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT Agreement. The Client may authorize Abonmorche to proceed with work either by signing a Professio nol Services Agreement or by Issuing an acknowledgement, confirmation, purchase order, or other communication. Regardless of the method used, these Terms and Conditions shall be Incorporated by reference and shall prevail as the basis of the Client's Agreement to Abonmorche. Any Client document or communication in addition to or In conflict with theses Terms and Conditions shall be subordinate and subject to these provisions. 2. Execution. Abonmorche has the option to render this Agreement null and void, it it is not executed within thirty (30) days of delivery. 3. Client RespondbOoL The Client will provide all criteria and information concerning the requirements of the Project. 4. Performance. The standard of care for services performed by or provided by Abonmarche will be the core and skill ordinarily used by Abonmorche's profession practicing under sinu'lor circumstances at the some time and in the same locality. 5. Hourly BRBng Rater. Unless stipulated otherwise, the Client will compensate Abonmorche at the current hourly billing rates, in place when the services are provided by Abonmarche. 6. Reindmiiable ExpemeL Reimbursable expenses, the actual costs incurred directly or Indirectly for the Client's Project, will be charged at Abonmorche's current rates. Examples of In -house 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. Outside reimbursable expenses will be charged on the basis of the actual costs times a factor of 1.15. Examples of outside reimbursable expenses Indude. but are not limited to: commercial transportation, Subcontractors, meals, lodging, special fees, licenses, permits, and outside technical or professional services. 7. Additional Services. Additional services that may be provided pursuant to the Agreement or any subsequent modifcaiiion of the Agreement will be authorized, when possible, by written amendment signed on behalf of the Client and Abonmorche. Additional services, performed by Abonmarche are subject to oil Terms and Conditions and the Client wit be responsible for payment. Should the Client, regulatory agency, or any public body or inspector direct modification or addition to work covered by this Agreement, the cost will be added to the agreed price. Verbal requests for extra work should be made in writing via a change order, but none the less. Abonmarche is entitled to be paid for extra work provided whether it is in writing or not. 8. Underground Structures of Buried UTARes. Abonmorche will use public utility location services where available to perform this service. The Client is responsible for Identification and location of all public and private buried structures on the Client's property and the Project she, such as but not limited to storage tanks and lines, or gas, water, sewer, electrical, phone, cable, or any other public or private utilities. Abonmarche will take reasonable care to avoid such structures but will not be responsible for accidental damage to utilities or structures that were not specifically or dearly located by the Client or for damages or losses claimed by third parties related hereto. 9. Site Accea 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 wtN 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. 10. Subconkoctas. Abonmorche may engage Subcontractors) on behalf of the Client to perform any portion of the services to be provided by Abonmorche_ 11. Opinlom of Cost. Any opinions of probable construction cost and /or total project cost provided by Abonmorche 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 vory from such estimates. 12. Ownership of Wort Product. Abonmorche 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 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 NabiNty, to Abonmorche and the Client will defend, indemnify. and hold Abonmorche harmless from all claims, damages, losses, and expenses, Including attorney fees arising out of or resulting there from. 13. Eleekonle Medli Copies of data, repots. 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 copses) 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 Abonmorche, 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 flies will be of the user's sole risk. 14. Bonds and Per mills. The Client will be responsible for the adoption of any site access or right of way bores that may be initiated on their behalf. At completion of Abonmorche's services, the Client will take responsibility and pay any ongoing bond or permit costs for any bonded or permitted work. 15. Third party hwoldng. If the Client directs Abonmorche to Invoice other party payers, Abonmorche will do so, but the Client agrees to be ultimately responsible for Abonmorche's compensation until the Client provides Abonmorche with the third party's written acceptance of all terms of this Agreement and until Abonmorche agrees to the substitution. 16. Stop Work. In addition to any other remedies Abonmorche may have, Abonmarche will have the absolute right to cease performance of any basic or additional services in the event that payment is not made as provided or otherwise agreed. 7. Legal Expenses. If either the Client or Abonmorche makes o claim against the other arising out of this Agreement, the prevailing party will be entitled to recover reasonable expenses of litigation, including reasonable attorney's fees. If Abonmorche brings a successful lawsuit against the CI'ent to collect invoiced fees and expenses, the Client agrees to pay Abonmorche reasonable collection expenses, including attorney fees. 18. Arbitration. Any claims, counterclaims, disputes, and other matters in question between the parties arising out of or relating to the Agreement or the breach thereof will be submitted to Arbitration in the City or South Bend. Indiana in accordance with the Rules of the American Arbitration Association. The award of the Arbitrator will be final and binding on the parties. Judgment upon any award rendered may be entered in any court having jurisdiction. 19. Indemnity. Abonmorche will defend, indemnify, and hold the Client harmless from any claim, liability, or defense cost for Injury or loss sustained by any party from exposures caused by Abonmarche's negligence or willful misconduct. Client agrees to defend. indemnify, and hold Abonmarche harmless for any claim, lability, or defense cost for injury or loss sustained by any porty from exposures allegedly caused by Abonmarche's performance of services hereunder, except for injury or loss caused by the negligence or willful misconduct of Abonmarche. 20, Come*wntd 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. 21. Governing Law. This Agreement will be deemed to have been mode in St. Joseph County. Indiana and shall govern by and construed in accordance with the laws of the Stale of Indiana. 22. Considerations. The, successors, executors, administrators. and legal representatives of the Client and Abonmorche are hereby bound on to the other with respect to the covenants. Agreements, and obligations of this Agreement. 23. Acb 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. 24. Terminaiton. Either the Client or Abonmarche may terminate this Agreement by giving ten (10) days written notice to the other party. If Client terminates this Agreement, the Client will pay Abonmarche in full for all work previously authorized an performed prior to the effective dote of the termination, plus (of the discretion of Abonmorche) a termination charge to cover finalization of work necessary to bring ongoing work to a logical conclusion. Such charge will not exceed thirty (30) percent of all charges previously Incurred. Upon receipt of such payment, Abonmorche will return to the Client all documents and Information that are the property of the Client. End of Agreement Reviewed by City of South Bend Legal Department 05/18/10 COSB Reviewed 03/08/06 Page 2 of 2 May 4, 2011 - City of South Bend . Proposal for Professional Services LaSalle Square, Phase One - Roadway and Utility Design AsONMAItCHE Bonds Avenue Extension and New City Street Adjacent to Library Page 1 of 5 APPENDIX A WORK PLAN PROJECT SCOPE The proposed project consists of the design and development of bid documents for the construction of Bonds Avenue ( ±470 feet) and a new City Street ( ±340 feet) adjacent to the St. Joseph County Public Library. Bonds shall be extended from Bendix Avenue to intersect with the new City Street. The existing private drive adjacent to the library shall be completely removed and reconstructed. Both streets shall be designed and constructed to City Standards with a pavement width of 24 feet, combined concrete curb and gutter on each side, sidewalk five feet wide on each side of Bonds, and a grass parkway. There will be no proposed sidewalks on the new City Street. It is anticipated that Bonds will contain an entrance for the proposed senior housing and an entrance for Faith Apostolic Church. A new utility route for the existing sanitary sewer and water main shall be designed in the new City Right -of -Way adjacent to the library to make way for the proposed senior housing project. This utility work will be included with the roadway construction bid documents. Separate construction bid documents shall be prepared for demolition of the restaurant property located on the northwest corner of Bendix and Bonds. This project shall be bid prior to the roadway construction project. Traffic signal work is not anticipated at Bendix, although, pedestrian safety shall be evaluated for walkers between the proposed senior housing project and Memorial's Facility located on the east side of Bendix. SCOPE OF SERVICES The scope of services proposed herein includes the design and development of bid documents for the demolition and roadway projects, and are further described as follows: Task #1: Field Survey This task includes performing a field survey of existing conditions and utilities for use in designing the roadway and utility relocation design, demolition of the restaurant property, and designing a temporary drainage basin anticipated to be located on the St. Vincent De Paul's property. A benchmark level circuit shall be performed through the proposed project corridor and control points shall be established for construction. This task also includes researching existing utilities. Task #2: Phase One Environmental Site Assessment (ESA) This task involves performing a Phase One ESA of the Restaurant Property in accordance with ASTM E1527 -05 (adopted in 2006) and generally accepted industry standards concerning environmental site assessments. A written report shall be prepared that lists any recognized environmental conditions identified, consolidate and discuss information Engineers Landscape Architects Planners Surveyors May 4, 201 1 - City of South Bend . Proposal for Professional Services LaSalle Square, Phase One - Roadway and Utility Design A60NMA(eCHE Bonds Avenue Extension and New City Street Adjacent to Library Page 2 of 5 gathered from background research and site investigation, and include any significant supporting documentation. Task #3: Asbestos Investigation (Restaurant Property) Site Inspection and Report This task includes performing a site inspection to identify the types and quantities of suspect asbestos containing materials, and collecting sufficient samples and laboratory analysis of suspect materials. A summary report shall be prepared detailing the findings and the appropriate sections of the IDEM Notification of Demolition and Renovation Operations shall also be prepared. Remediation Specifications (If Required) This task includes preparation of technical specifications for asbestos remediation work for inclusion in the Demolition Bid Documents. This task also includes answering bidding questions and reviewing the bid proposals from prospective Contractors. Task #4: Demolition Bid Documents (Restaurant Property) This task includes preparing construction drawings of the project site for bidding and Cil construction. These drawings shall identify removal items including above - ground and any below - ground items located in the field via utility locates and items scaled from record maps and as- builts. A quotation package shall be prepared to obtain pricing from Contractors. This task also includes answering bidding questions, preparing necessary addendums to the bid documents, and tabulating the bids for the City. Task #5: Engineering Design Sanitary Sewer and Water Main Relocation Desian This task includes the work necessary to complete the engineering design of the sanitary sewer and water main relocation to make way for the proposed senior housing building. The construction plans shall identify proposed sewer and water main locations, elevations, lengths, service locations, and installation and backfilling requirements. This task also includes preparation and submittal of the Indiana Department of Environmental Management (IDEM) permits. Roadway and Drainage Design This task includes the work necessary to complete the engineering design for the new City streets. These plans are generally detailed in nature and include plan and profile drawings for all roads, cross - sections, intersection construction details, storm sewer layout and design, temporary drainage basin design, sidewalk layout and design, construction details, maintenance of traffic plan, and pavement striping plan. These plans will be submitted to the City for review and comment prior to finalizing for bidding. This task also includes preparation of an easement and legal description for the temporary drainage basin. Engineers Landscape Architects Planners Surveyors :1 May 4, 2011 - City of South Bend . Proposal for Professional Services LaSalle Square, Phase One - Roadway and Utility Design AIONMARCHE Bonds Avenue Extension and New City Street Adjacent to Library Page 3 of 5 Task #6 Soil Erosion and Sedimentation Control Permit This task includes preparation and submittal of a sediment control plan with supporting construction details, specifications, schedules, and methods for controlling soil erosion in accordance with State Regulation 327 IAC 15 -5 (Rule 5) and South Bend's MS4 Program. A permit is needed prior to any earthwork activities. Submittal and processing fees for this task are included in the proposed fee. Task #7: Construction Bid Documents This task includes preparing the construction bid documents, estimate of construction costs, attending the pre -bid meeting, answering bidding questions, preparing necessary addendums to the bid documents, and tabulating the bids for Public Works. Task #8: Construction Administration This task includes attending the pre- construction meeting, addressing questions from the City and Contractor during construction, performing periodic site visits, and attending any progress meetings as required by the City. Engineers Landscape Architects Planners Surveyors May 4, 2011 - City of South Bend . CA Proposal far Professional Services LaSalle Square, Phase One - Roadway and Utility Design AdoNMARCHE Bonds Avenue Extension and New City Street Adjacent to Library Page 4 of 5 APPENDIX B SCHEDULE OF FEES Abonmarche will be paid a not -to- exceed amount of $62,400.00 for performing the Scope of Services as described in Appendix A. Abonmarche will invoice the City on a monthly basis for the percentage of work completed for the lump sum tasks listed below. Task#1: Field Survey ..................................................................... ..............................$ 5,500.00 Task #2: Phase One Environmental Site Assessment (Restaurant Property) ........$ 2,000.00 Task #3: Asbestos Investigation (Restaurant Property) a) Site Inspection and Report ............... ............................... ......................$1,200.00 b) Remediation Specifications .............. ............................... ......................$1,300.00 Task #4: Demolition Bid Documents (Restaurant Property) ..... ..............................$ 6,500.00 Task #5: Engineering Design a) Sanitary Sewer and Water Main Relocation Design ..........................$ 7,000.00 b) Roadway and Drainage Design .......................... ..............................$ 25,000.00 Task #6: Soil Erosion and Sedimentation Control Permit .......... ..............................$ 2,400.00 Task #7: Construction Bid Documents ....................................... ..............................$ 9,000.00 Task #8: Construction Administration ......................................... ..............................$ 2,500.00 TOTAL LUMP SUM AMOUNT ........................................................... ............................... $ 62,400.00 MAXIMUM HOURLY RATES BY JOB CLASSIFICATION (for any additional services under this agreement) CLASSIFICATION HOURLY RATE Principal $200.00 / hr. Vice President / Senior Project Manager $155.00 / hr. Project Manager $108.00 / hr. Project Engineer / Architect / Landscape Architect $105.00 / hr. Staff Engineer / Architect / Landscape Architect $ 85.00 / hr. Junior Engineer / Architect $ 72.00 /hr. Computer / Drafting Technician $ 72.00 /hr. Urban Planner $ 80.00 / hr. Professional Land Surveyor $105.00 / hr. One -Man GPS Crew $105.00 / hr. Two -Man Survey Crew with Total Station $120.00 / hr. Two -Man Survey Crew with GPS Station $180.00 / hr. Engineers Landscape Architects Planners Surveyors 14 May 4, 2011 - City of South Bend . Proposal for Professional Services LaSalle Square, Phase One - Roadway and Utility Design AbONMARCHE Bonds Avenue Extension and New City Street Adjacent to Library Page S of S APPENDIX C ANTICIPATED PROJECT SCHEDULE From past meetings, Sterling Development has indicated starting construction the first of September. This would require a cleared restaurant property and the sanitary sewer main to be relocated. Below are project milestones in order to meet the requested time frame. 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