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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 -&S
Subject: Resolution 3010 and Amendment to the Addendum To Master Agency
Agreement
Nimtz Parkway Multi -Use Path - Engineering Supplement #1
Date: March 9, 2012
Attached to this memorandum is Resolution 3010 and Amendment to the Addendum To Master
Agency Agreement for the Nimtz Parkway Multi -Use Path — Engineering Supplement #1. The
Amendment includes a professional services proposal from Abonmarche to provide additional
design services to the project for development of a lighting system and electrical plan for the trail.
In June 2011, the Redevelopment Commission approved an addendum to allow for the design of a
safe walking path from Moreau Court to the entrance of the Blackthorn Golf Course on the south
side of Nimtz Parkway. Abonmarche, the designers of the Nimtz Parkway /Mayflower sewer project,
were hired to design and engineer a trail through this Phase 1 corridor. The additional scope of
work will allow for a redesign of the existing electrical and lighting plan for the corridor along Nimtz.
Construction of the walk is to be done this summer before the Symtera Tour event that will be held
at Blackthorn GC this August. The professional service proposal is in the amount of $6,400 for this
expanded scope of work.
Staff requests approval of Resolution 3010 and the Amendment to the Addendum To Master
Agency Agreement for the Nimtz Parkway Multi -Use Path — Engineering Supplement #1.
What We Do Today Makes A Difference!
RESOLUTION NO. 3010
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering Supplement #1)
2910-11,3010-12
WHEREAS, effective January 1, 2012, 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 2012; and
WHEREAS, effective January 3, 2012, 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 Nimtz Parkway Multi -Use Path, Phase 1 - Engineering to the Master Agency
Agreement by way of an Addendum on June 28, 2011; 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 ( Nimtz Parkway Multi -Use Path, Phase 1 -
Engineering 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
March 13, 2012, 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
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering Supplement #1)
2910-11,3010-12
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 27th day of March, 2012, 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 Supplement #1 (the "Project ").
WHEREAS, effective January 3, 2012, 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 2012; and
WHEREAS, effective January 3, 2012, 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 Nimtz Parkway Multi -Use Path, Phase l - Engineering to the Master Agency
Agreement by way of an Addendum on July 11, 2011; and
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
Kathryn Roos, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
NIMTZ PARKWAY MULTI -USE PATH, PHASE 1 — ENGINEERING
See attached approval from the BPW dated July H, 2011
1316 COUNTY-CITY BUILDING
227W. JEFFERSON BOULEVARD
SOUTH BENCH, 1NDIANA 46601 -1830
CITY OF SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
July 11, 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 — Nimtz Parkway Multi -Use Path Design
Project No. 111 -052
Dear Mr. Nawrot:
The Board of Public Works, at its meeting held on July 11, 2011, approved the above
referenced Professional Services Agreement in the amount of $38,800.00.
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,
l
Linda M. Martin, Clerk
Enclosure
c: Bill Schalliol, CED
Patrick Henthorn, Engineering
Toy Villa, Engineering
Rob Nichols, Engineering
Beth Leonard, CED
Judy Love, CED
GARY A. GILOT, P. E. DONALD E. INKS CARL P LITTRELI.
PRESIDENT NIFNIBER MEMBER
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date June 23, 2011 Department C &ED
BPW Date July 11, 2011 Phone 235 -5842
Name Bill Schalliol
o Legal ® Attorney Name L. Meteiver
° -v Controller review is required for all Contracts $5,000.00 or more
o Controller ® and greater than one year in length per the City Purchasing
Q•�Eo
a oo> Policy
!:P Other Appropriate Reviewers ❑
( hpr•.,k tho Annrnnrh °ata tfam Tvn'd Q'Qt ij fnr A11 L`;rf.•.u::n .,.,.:
Ke.0thred dnform,ation
Company or Vendor Name A
Agreement
El Contract Pro osal
I El;kdde;dum
M N
No I
Claim
Project Name N
Ej
Bid Opening
❑
Bid Award I
❑ Req. to Advert ise
Account No. 3
Title Sheet
Amount $
Quote Opening
Terms of Contract
Quote Award
❑
Chg Order No.
Engineerinq Proiect
C/O & PCA No.
OPCA
Ease. /Encroach.
Traffic Control
Resolution
❑
Other:
Ke.0thred dnform,ation
Company or Vendor Name A
Abonmarche
New Vendor Y
Yes M
M N
No I
If Yes, Approved b Purchasing
Project Name N
Nimtz Parkway Multi -Use Path — Engineering Project
Project Number (
(Not yet assigned)
Funding Source A
AEDA TIF
Account No. 3
324 -1050- 460 -31.02
Amount $
$ 38,800.00
Terms of Contract
Purpose /Description D
Desiqn service proposal for Nimtz Parkway Multi -Use Path —
Engineerinq Proiect
MAMA t qtr r� � 3rary .
Amount of ❑ Increase $
❑ Decrease $
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change: %
PO No.
Copy Original
® ❑
Vfspprspl.After'Approvall
Roger Nawrot, Abonmarche
Bill Schalliol, CED; Rob Nichols, Patrick Henthorn, Toy Villa,
Engineering
Copy Original
® ❑
Vfspprspl.After'Approvall
Roger Nawrot, Abonmarche
Bill Schalliol, CED; Rob Nichols, Patrick Henthorn, Toy Villa,
Engineering
Vfspprspl.After'Approvall
Roger Nawrot, Abonmarche
Bill Schalliol, CED; Rob Nichols, Patrick Henthorn, Toy Villa,
Engineering
M @ ABONMARCHE
Confidence By Design
June 22, 2011
Mr. Bill Schalliol
City of South Bend
Departmenf of Economic Development
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
Engineering
Architecture
Land Surveying
Moira /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 V8, c.
Ro r w
Senior Project Manager
F: \Proposals \City of South Bend \Nimtz Parkway Multi -Use Path \cvr Itr 06 -22 -11
750 Lincoln Woy East 341 Airport N�)rth Office Park 95 West Main Street 361 First Srrec,t
Scuth Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, t;41 49022 Manistee, t0l 49660
574.232.8700 260.497 8323 269.92.'.2295 231.723.1 198
www,abonmarche.com
503 Quaker Street
Scuth Haven, MI 49090
269.637.1293 �ti ,
ABONMARCHE
Confidence By Design
Abonmarche Professional Services Agreement
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 -Cify 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 fo as Abonmarche. of 750 Lincoln Way East, South Bend, IN 46601.
The Client contracts with Abonmarche to perform professional services w;th regard to the Crent's project generally referred to as:
Project Name: Nimtz Parkway Mufti -Use Path
Location: The path will be on the south and east side of Nimtz Parkway from the entrance to Blackthorn Golf Course to the west side of
Mayflower Road.
The professsona! services to be provided by Abonmarche, collectively referred to as the Work Pion, ore as follows:
Scope of work: Engineering and Surveying Services as outlined in Appendix "A"
Project schedule: See Appendix "C"
Special Provisions:
Abonmarche 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:
(fee $) $38,800.00 (See Appendix "B ")
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, on,. such objection shall be deemed waived.
Abonmorche invoices are due upon receipt.
The Client has designated Mr. Bill Scholliol 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 Abonmorche. By sianina below, I acknowledge that I hovereceived and agree to the Terms
and Conditions on it 2 of this Aareemenf and I understand that the Terms and Conditions take orecedenae over alf 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 hove been duly given when persorally delivered or u n e third cloy after being deposited
into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Re resentative Authorized Abonmarche Ill entatIve
Client: City of South Bend Board, of Public Works Signature:
Date Signed: Printed tome. Roger T. Nawrot, PE & PLS
Signatures: ; Title: Senior Protect Manager
ii }f A1�2;qAbonmarche Consultants, Inc.
__— - -_ — Originating Office: 750 Lincoln Way East
South Bend, IN 46601
Al "' _._ _. _.._.. -1 T 574232.8700
F 574.251.4440
Dote Signed:
Revised 5 -4 -11 Page t of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
I. Agreement._ These Terms and Conditions sholl be ircorporoted by reference and
shall prevail os the basis of the Client's Agreement to Abonmarche. Any Client
document or communication in addition to or in conflict with fiese Terms aria
Conditions shall be subordinate and subject to these pravKons.
2. Execution. Abonmarche has the option to render this Agree :nenl nul and void.
I
if It is not executed v, thin thirty (3C) dry; of delivery.
3. Client ResponsibW fes. The Client vv:ll provide of aderia and information
ec :ncerning the requirements of ine Project. The Client c ill assume responsibility,
for interpretation of contract documents and for construction of:en,allon anc
1
will wot.e all c�oims against Abonmarche that may be In any woy conne_ted.
unless Atxrtmorche's services under this Agreement 'include lull -time
constructien cbser: c ion cr riiii of contractor's performori
4. Pedormance. The standard of care for services performed by or provided by
Abonmarche ••;ill bi the care and skill ordinarily used by Abcnmorche's
17
profession practicing under similar crcumstances of the same time aruJ in the
some Iccolity. ALortmorche makes no 'worranty, expressed or implied, with
respe ^_t to an' services provided by Abonmarche. Abonmarche 41 not be
liable for any claim, damages, cost, or expense (including attorney's fees; a
other liohility or loss not directfy and safe;; coined try the negligent acts, errors,
or omlssiorc of Abonmarche.
5. Hourly Billing Rates. If payment is on on hourly rote, Client v.ill pay J.bonmarche
at the current hourly billing rates. The hourly rates are adjusted annually- or as
deemed appropriate.
1
6. Reimbursable Expenses. Reimbursobie expenses, the ocluol costs incurrerJ
directly or indirectly for the Client's Project. MR be charged at Abonmarche's
19.
current rates. Exomples of reimbucable a pensers include, but are not limited lo:
mieager, tests and analyses. special equipment services. postage and deli„ety
charges, telephone and lelefox char ,.,. ^;es, copyino, priniin ^, and binding
charges, commercial transportation, meals, lodging. ••pecial fees, licenses, and
permits. Subcensultont and outside technical or professional services Y:il1 be
charged on the basis of the actual costs times a (actor of 1.15.
20.
7. Additional Services. Addifiinal services that may be provide -d purst,am to the
Agreement or any svhsegvenl modlficalion of the Agreement will be
aulhorized, ,.vh n passible, by v:rifter) amendment signed or behalf cf the Client
and Abonmarche. nddilional setvk•es, p rormed by Abonmarche are wbiect
21.
to all Terms and Conditions and the Client will be responsible for payment.
Should the Client, regulator; agency. or am public c -7d': or inspector duvet
modification or addition to services covered by this Agreement, the cost will be
22.
added to the agreed price. Requests fen extra ter<ices should be made in
writing via a change order. but none the les >, Atx;nn-orche Is entitled to be cold
`or extra services provided whether or not it is in vrriting.
& Underground Structures or Burled URRfles. The Client i, responsible for
identifi< :dllon and location of oil public and private buried stru =lures on the
Client's properly and the Projccl sale, such as, but not limited to, storage looks
23.
and lines, or gas, 'water, sewer, electrical. phone, cci or any other public or
private utilities. It a carried that Abonmarche 's not responsible for Occidental
damage 10 utilities or underground Wiuclvrec, whether known, unknown or
improperly located. The client shall be responsible for des�n fees if changes are
24.
nc cessort. Uf ily locatin(-A or marking servizes provided by Abonmarche are not
substifuir_s for complying with the utility owner notification requirements or the
I
locating services (811 systems) required prior to an excavation. Utilities snoNn os
located ty ground penetrating radar are approximate ony, No exco ction
took place to verify the positions shown or to .erii the type of utility (except as
25.
noted). Careful excavation Is required for verification of the buried utility. The
owner a customer assumes the risk of error and the actual location of the
underground ulility. Abonmarche is not pro•; idling any certification or guarantee
regarding the exact Iccolion cf any underground utility.
9. Underground Conditions. i tonmorche shall have no responsibility for 1he
idcmtificotion al existing or unforeseen /diffedrra under conditions. The
Contractor shall have sole responsibility for determining the nature of
t
underground conditions and the means and methods of dealing arith those
16.11
conditions. Abonmarche is entitled to rely upon the information provided by
peoiechnicol consultants and shall haze no responsibility for the accuracy or
correctness of tine data contained in the geotechnii reports.
i
IO.Sli Access and Security. With the e: <ception of access rights that land surveyors
ore afforded by law. the Client w :ll provide Abonmarche access to the Project
site and the Cient will be responsible for obtaining any necessary permission
from, ony affected third party properly owner: for use of their land!. The Client is
solely responsible for site security.
Abonmorche, unless specificgIly slated ofhe ^.vise in an amendment to this
Agreement. Any efecironic media prCiided under this Agreement to the Client
are oni= fa the con.-enience of the Client. Any conclusions or information
obtained or derived from suer, electronic files , :it be at the user's sole ri,,K
SJonds and Permits. The Client will oa responsible for the adoption of any site
access or night cf v:ay bonds that mo- be initiated on then behalf. At
completion of Abonmarche's services, lh• Client will taf:e responsibility and pay
any ongoing Land or rerrri f costs for any bonded of permitted sery ices.
6.Third party Invoicing. If the Client dke_is Abonmarche to invoice third pert,
payers, Abonmarche rrll do so, but the Client agrees to be ultimately
responsible for Abonmorche's compensation until the Client provides
Abonmarche Min ll third party's vritlen acceptance at all terms of this
Agreement and until Abonmarche agrees to the suostitution.
.Thkd Party Beneficiaries. Nothing containeo in this Agreement shall create o
controctuat retationsh:o .vlth or a cause of action in favor of a third party
against either the Client or Afxmmarche. Abonmarche's Services under this
Agreement are being performs •d sole} for the Client's benefit, and no other
pork; or entity shall have ony claim. against Abonmarche because of this
Agreement or pertcrr.,ance or nonperformance of services hereunder. The
Client and Abonmarche agree to require a similar provision in oil contracts with
contractors, subeontreetorl subconsulfonts, cendoi and other entities involved
in this Project to carry out the intent of this pro: ision.
Suspension of Services. In the event of non - payment by Client, Abonmarche
will have The absolute right to cease performance of any services.
Contnoctor's Work: Abonmarche shall have no authority to direct or control the
Work of the Contractor or to stop the Work of the Contractor. Abonmarche shall
not be liable to cry party for the failure of the Contractor to perform the work
consistent with the Plans and Specifications and applicable Codes and
Regulations. Abonmarche shall hove no responsibility or br': Noble for safety
procedures of the Contractor o- its subcontractors.
Consequential Damages. The Client and Abonmorche valve consequential
damages for claims, disputes. or other matters In questlor, relating to services
provided as a part of this Agreement, including for example, but not limitec,' to.
loss of business.
Governing Low. This - .greemenl Mill be deemed to have been made in Si.
Jc�ph County, Indiana and shall be governed by and construed In
occord•ancr with the taws of the State of Indiana.
Venue. The parties (a) irevocobhy submit to the jurisdiction of any Indiana court
sitting in St. Joseph County, !nd�ono in any action arising out of this agreement,
and (b) wafve, to the'ullest extent that they may effectively do so, the defense
of an inccnvenlent 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 judgmem. cr ,n any other manner prc:ided by'dw.
Cotsidetotions. The successors, executors, administrators. and legal
representatives of the Clemf and Abonmarche are hereby bound onto the
otri Frith respect to the covenants. Agreements, and oblgations of this
Agreement.
Acts of God. Neither the Client nor Abonmarche v.iti have any liability for
nonperformance caused in whole a in part by causes beyond Abonmarche's
'eosonable control. Such causes include, but are not limited to, Acts of God,
civil unrest and war. Icbor unrest and strikes, acts of authorities, and events that
could not be reasonabt,• anticipated.
Temidnation. Either the Client or Abonmarche may terminate this Agreement by
?wing 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 dale of the termination, plus (at the discretion
of Abonmarche) a termination charge to cover finol'eofion of services necessary
o bring ongoing services to a logical conclusion. Upon receipt of such
poyrrii Abonmarche will return to the Client all documents and information
hat are the property of the Client.
ntire Agreement. This Agreement contains The entire agreement between the
parties and there ore no agreerrionis, representations. statements, a
undersiardings which Note been relied on by the parties which are not stated
n this Agreement.
End of Agreement.
11.Conwltants. Abonmarche may engage Consultants of the request of the Client Reviewed by City of South Bend Legal Department 5/4/11
to perform services which are t/ plcolly the CIIerJ's responsibility, such as sureys,
geotechnical and environmental assessment:. The• Client agrees that
Abonmarche will not be responsible for, or in any manner guarantee. The
performance or services by the Consultants. The Client agrees that
Abenfnarche •Hill not be liable for an claim, lii or defense cost for Injury or
Icss wstoined ty any part; allegedly cause=d by the Consultants' negligence or
wiSful misconduct.
12.0plMoro of Cost. Any opinions of probable construction cost and/or total
project cost r :ro.,ided by Abonmarche wit Lc on the'~,osis of experience and
judgment, but these are only estimates. Abonmarche does not warrtlni that bids
or ultimate construction or total project costs will not sors from such estimates.
13.0wnenhlp of Work Product. Abonmarche will remain the owner of nN original
droveinas. report:. end other materials prc:ided to the Client, whether in hard
copy or magnetic meCla form. The Ciioni is uuthcrized to use the copies
provided by t :bonmo,che onhj in connect :fin Min the Project. Any other use n
reuse by the Client for ony purposes whatever twill be at the Client's risk and full
legal responsibility, - .vithout fobiity to Abonmorche and ter- Client will defend,
indemnify, and hold Abonmarche harmless from all claims, damages, IC55E5,
and expenses. Including attorney fees arising out of or resulting there from.
14.9ectronic Media. Copies of data, report., dravAngs, specifications, and ether
materials furnished by . "bonmarche that mcy be relied upon b; the C!ieni ore
limited to the printed copies (also knc -em as hard copie_) that are delivered to
the Client pursuont to the services under this Agreemert. 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
June 22, 2011
City gI'Suuth Bend
Proposal %or Gngineering Services
Mintz P(trkwm) ,Vz&i -use Path Pub =e I qj'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 b 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 "' 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 wiI I be designed to mount on the path side of the existing; lic lit 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 temporan 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 geometries;
(d) Plot existing and proposed cross sections in all areas at intervals of 50 feet:
(e) Design the rest area;
(f) Prepare preliminary estimate of probable construction costs;
(g) Prepare maintenance of traffic plan and construction staging sequences;
Engineers Planners Architects Surveyors
June 22. 2011
00., �fSouth Bend
Proposal for 1;nginecring Services
Nnnl_ Parkway A4u11i -use Pall, Pare 2of 3
(h) Submit preliminary field check plans to the City;
(i) Attend field check meeting with the City,
(j) Revise the preliminary plans from the preliminary field check meeting,
(lo 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 #3: 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 P I o n n e r s Architects Survay0r5
June 22, 2011
Cii), (?/ South Bend
Proposer! .)r Engineering Seri ices
Nimit Par",ay A9ulti -use Paih 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 sum tasks to an amount of $38,800.00. The following are the fees for the various tasks:
Task#1 Field Sunley ...................................... ............................... ......................$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:
$38,800.00
APPENDIX "C"
ANTICIPATED SCHEDULE
Task #1 Field Survev
Task #2 Path Design
Task #2 is exclusive of City review time.
Completion Time
Within 14 days from the Notice to
Proceed Weather Permitting
Within 45 days from the Notice to
Proceed
Engineers Planners Archiiecis Surveyors
li"hen the prospective Contractor is ratable to certify to any of 1178 staten7et7ts below, it shall attach an explanation to this,4ffidavit.
NON - COLLUSION, NON - DEBARMENT AF'FIDAV'IT, EMPLOYMENT ELIGIBILITY
VERIFICATION AND NON - DISCRIMINATION COMMIT-MINT
STATE OF 1NDIANA }
151, - a COUNTY } SS:
The undersigned Contractor, being duly sworn upon his/her /its oath, affirms under the
penalties of perjury that:
1. Contractor has not, nor has any other member, representative; or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from
bidding, and that this bid is made without reference to any other bid and without any
agreement, understanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons, firms, or corporation has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value
on account of such sale; and
2: Neither Contractor nor any of its principals are presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any federal department or agency; and
3. Contractor does not knowingly employ or contract «nth an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently learns is
an unauthorized alien. Contractor agrees that he /she/it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E- Verify
Program as defined by I.C. 22- 5- 1.7 -3. Contractor's documentation of enrollment and
participation in the E- Verify Program is included and attached as part of this bid /quote;
and
4. Contractor shall require his/her /its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract
with an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E- Verify Program. The Contractor agrees to
maintain this certification throughout the term of the contract with the City of South
Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being
notified by the City; and
F- Non - Collusion Non- Debarment Affidavit_Reyised June 2011.doc
5. Contractor shall not discriminate against any employee or applicant for
employment in the performance of this contract with privileges of employment, or any
matter directly or indirectly related to employment, because of race, religion, color, sex,
handicap, national origin or ancestry. Breach of this provision may be regarded as a
material breach of the contract.
Dated this day of " d� '201/
Contract ,,//Bidder ((Fir }
1 tune of Contractor/Bidder or Its Agent
� h W
Printed Name and Title `-
Subscribed and sworn to before me this 5 774 day of JUL�y 20 I
My Commission Expires
12 -o4- 2-014
N
012� �L nulj��
otaYy Public
County of Residence ST- J O Se P14
=L.MUELLER LLER LIC IANAember 4, 2014
r- Non - Collusion Non - Debarment Affidavit—Revised June 201 Ldoo
Exhibit "B"
NIMTZ PARKWAY MULTI -USE PATH, PHASE 1 — ENGINEERING
SUPPLEMENT #1
See attached proposal from Abonmarche dated February 27, 2012
= 0 ABONMARCHE
Confidence By Design
February 27, 2011
City of South Bend
Department of Economic Development
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
ATTENTION: Mr. Bill Schalliol,
Project Manager
RE: NIMTZ PARKWAY MULTI -USE PATH
City Project No. 110-052
Abonmarche Project No. 1 1 -0480
Dear Bill:
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 amount by $6,400.00 for the
additional design work necessary for the independent path lighting system, the upgrading of
the electrical service points, the additional rest area and the block retaining walls. 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 Consult nts, Inc.
Roger T. Nawrot, PE & RLS,
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 503 Quaker Street
Manistee, MI 49660 South Haven, Mi 49090
23 1.723.1 198 269.637.1293
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
This Amendment to our Agreement entered into July 11, 2011, between the City of South
Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultants,
Inc. referred to as "ABONMARCHE ".
Amend Agreement
Change:
A NOT -TO- EXCEED FEE OF: $ 38,800.00 to $45,200.00 AS SHOWN IN APPENDIX B
Amend Appendix "A"
Change to:
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 Meyflewer Reed Moreau Court over a distance of
4,400 feet. A],E. Rest areas will be developed near the golf course 15th tee and
18th green.
This project will require field survey, roadway design and landscape design. The
topographic survey will survey the areas from the south and east curb line to the
existing right -of -way line in the areas not surveyed previously for the Mayflower Sewer
Project. Lighting for the path will be designed
eX des as an independent system with new poles and separate wiring from
the existing Nimtz Parking street lighting system. The new path wiring will require the
existing lighting service points to be upgraded to handle the additional electrical
load. To limit impacts to adjacent property modular block retaining walls will be
designed in two locations.
Amend Appendix "B"
Change To:
The Total Lump Sum Amount of $38,800.00 to $45,200.00.
Task #2 - Path Design - $25,600.00 to $32,000.00.
Change:
Total of $ 38,800.00 to $ 45,200.00.
All other terms and conditions of the Agreement remain in effect.
F: \Projects \2011 Projects\ 1 1-0480\CORR-MEMO\amend 1 agrmnt 2- 27- 12.doc
Sheet 1 of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
Abonmarch.% Consultants, Inc. City of South Bend,
Board of Public Works
Ro§er T. Nawrot, PE & PLS
Senior Project Manager
Date Signed: February 27, 2012 Date Signed:
F: \Projects \2011 Projects\ 1 1-0480\CORR-MEMO\amend 1 agrmnt 2- 27- 12.doc
Sheet 2 of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
This Amendment to our Agreement entered into July 11, 2011, between the City of South
Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultants,
Inc. referred to as "ABONMARCHE ".
Amend Agreement
Change:
A NOT -TO- EXCEED FEE OF: $ 38,800.00 to $45,200.00 AS SHOWN IN APPENDIX B
Amend Appendix "A"
Change to:
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 MeyfleweF Road Moreau Court over a distance of
4,400 feet. S
r
e orTTT. GFeE3 Rest areas will be developed near the golf course 15th tee and
18th green.
This project will require field survey, roadway design and landscape design. The
topographic survey will survey the areas from the south and east curb line to the
existing right -of -way line in the areas not surveyed previously for the Mayflower Sewer
Project. Lighting for the path will be designed te MeURf OR the path side of the
exisfiRg sight .- eles as an independent system with new poles and separate wiring from
the existing Nimtz Parking street lighting system. The new path wiring will require the
existing lighting service points to be upgraded to handle the additional electrical
load. To limit impacts to adjacent property modular block retaining walls will be
designed in two locations.
Amend Appendix "B"
Change To:
The Total Lump Sum Amount of $38,800.00 to $45,200.00.
Task #2 - Path Design - $25,600.00 to $32,000.00.
Change:
Total of $ 38,800.00 to $ 45,200.00.
All other terms and conditions of the Agreement remain in effect.
F: \Projects \2011 Projects\l 1- 0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet 1 of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO.
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
Abonmarche Consultants, Inc.
[&60T. Nawrot, PE & PLS
Senior Project Manager
City of South Bend,
Board of Public Works
Date Signed: February 27, 2012 Date Signed:
F: \Projects \2011 Projects\11 -0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet 2 of 2