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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 XX o
Subject: Resolution 3011 and Addendum To Master Agency Agreement
Mayflower Road Planning Study
Date: March 9, 2012
Attached to this memorandum is Resolution 3011 and Addendum To Master Agency Agreement for
the Mayflower Road Planning Study. Also included with the Addendum is a professional service
proposal from Abonmarche in the amount of $12,900.00 to provide the planning study report.
The purpose of this project is to examine the design parameters and costs associated with the
construction of a roadway and bridge over the Indiana Toll Road connecting the intersection of
Nimtz and Moreau to Cleveland and Mayflower. The design study would also look at the potential to
incorporate or create joint access to the land parcels owned by the Indiana Toll Road (former state
police post and ITR maintenance service point) along the roadway corridor. The roadway would
allow connection of the Blackthorn Corporate Park and the Hutsfiled Square and Portage Prairie
and create a new local road ITR crosspoint between Bendix Drive and Olive Road.
Staff requests approval of Resolution 3011 and the Addendum To Master Agency Agreement for the
Mayflower Road Planning Study.
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RESOLUTION NO. 3011
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Mayflower Road Planning Study)
3011 -12
WHEREAS, effective January 3, 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, pursuant to the Master Agency Agreement, the Commission desires
to add the Mayflower Road Planning Study 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 (Mayflower Road Planning Study) 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 cant' 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
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Mayflower Road Planning Study)
3011 -12
This Addendum to Master Agency Agreement (this "Addendum "), 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 Mayflower Road Planning Study
(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, pursuant to the Master Agency Agreement, the Commission desires
to add the Mayflower Road Planning Study 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:
I . The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being more specifically described in "Exhibit A ", attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Kathryn Roos, Member
Don Inks, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
Mayflower Road Planning Study
See attached proposal from Abonmarche dated March 7, 2012
G&ji,i,ABONMARCHE
Confidence By Design
March 7, 2012
City of South Bend
Redevelopment Commission
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
ATTENTION: Mr. Bill Schalliol,
Project Manager
RE: MAYFLOWER ROAD PLANNING STUDY
Proposal for Professional Services
Dear Bill:
Engineering
Architecture
Land Surveying
Marina/ Waterfront
Community Planning
Landscape Architecture
Development Services
Abonmarche Consultants is pleased to present this proposal to provide engineering services
for the project referenced above. We have developed this proposal based upon our past
meetings and discussions.
We greatly appreciate the opportunity to submit our proposal and look forward to working
with you on this project. Our scope of services and proposed work schedule are set forth in
Appendix A, along with the associated fees in Appendix B and schedule in Appendix C.
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. If
you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
Abonmarche Consultants, Inc.
ohn W. Linn, PE,
Principal /Chairman of the Board
750 Lincoln Way East 341 Airport North office Park 95 West Main Street
South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022
574.232.8700 260.497.8823 269.927.2295
www.abonmarche.com
361 First Street
Manistee, MI 49660
231.723.1198
503 Quaker Street
South Haven, MI 49090
269.637 1293
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
PROJECT UNDERSTANDING
Page 1
APPENDIX "A"
WORK PLAN
The project concept consists of
extending Mayflower Road from
Cleveland Road to Nimtz Parkway,
including a new bridge over the
Indiana Toll Road (1- 80/90). The
�R benefit of the concept is to
provide enhanced connectivity
between the Blackthorn Office
- - - -- Park and retail /commercial
properties along Cleveland Road;
pro" benefiting both business areas.
This interconnect /access also
�-- -- opens the door to additional
development potential and
market interest. This development
will likely consist of a mixture of
uses including hotel, retail,
restaurant, office and other similar
commercial and office uses.
PROJECT APPROACH
PROJECT PLANNING STUDY (Abonmarche Scope of Services)
TASK #!:1 EXISTING CONDITIONS / BASE MAPS
This task consists of gathering the needed record data of existing features within the
study area. This includes obtaining city GIS maps and aerial photographs, utility
information, roadway configurations, etc. This also includes the preparation of base
maps for use in the study.
Engineers Architects Planners
Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
TASK #2 PRELIMINARY TRANSPORTATION ANALYSIS
Page 2
This task will consist of the study of the impacts to traffic patterns in the region as a result
of the Mayflower interconnect concept. We will assess mobility in, around, and through
the study area, including opportunities for restricted access for the ITR. This will include
several meetings with the City and the ITR Concession Company. This is not a detailed
Traffic Impact Study, which may or may not be required as part of final project
approvals.
TASK #3 CONCEPTUAL ROADWAY /BRIDGE DESIGN
This task will include the development of a conceptual design of the roadway and
bridge structure, including a detailed review of the geometric requirements of all the
road /highway components. This will also include a preliminary bridge structure size and
type selection.
TASK #4 LAND USE CONCEPTS
This task will include the development of schematic land use concepts, based upon the
conceptual roadway design, to assist with the analysis of potential benefits of the
implementing the interconnect concept.
Stakeholder Meetings / Consensus Building
Keys to the formulation of useful schematic designs are the discussions between the
City and key stakeholders. Key stakeholders include land owners in the study area, the
City, the ITR Concession Company, etc. We will meet with these stakeholders to gather
input and feedback.
Additional meetings may be held as needed and /or as identified by client, not
included in this proposal.
TASK #5 PROJECT COSTS ANALYSIS
This task will consist of the preparation of estimate total project costs to implement the
interconnect concept.
TASK #6 IMPLEMENTATION PROCESS AND SCHEDULE
This task will consist of the preparation of an outline of the approval process and
timeline to implement the interconnect concept. We will also prepare a report which
will include all of the findings and results of this study.
Engineers Architects Planners Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
APPENDIX "B"
SCHEDULE OF FEES
Page 3
ProjectPlanning Study ........................................... ............................... ........................ $12,900
Task # 1 Existing Conditions /Base Maps
Task #2 Preliminary Transportation Analysis
Task #3 Conceptual Roadway /Bridge Design
Task #4 Land Use Concepts
Task #5 Project Cost Analysis
Task #6 Implementation Process and Schedule
TOTAL:
Engineers Architects Planners
$12,900
Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
APPENDIX "C"
SCHEDULE
Page 4
Anticipated
Completion
Feasibility Study Phase
Task # 1 Existing Conditions /Base Maps March 16
Task #2 Preliminary Transportation Analysis March 23
Task #3 Conceptual Roadway /Bridge Design March 30
Task #4 Land Use Concepts April 6
Task #5 Project Cost Analysis April 6
Task #6 Implementation Process and Schedule April 13
Engineers Architects Planners
Surveyors
_ Abonmarche Professional Services Agreement
ABONMARCHE g
Confidence By Design
AGREEMENT between: Abonmarche Project Number:
Client Name: CITY of SOUTH BEND, REDEVELOPEMENT COMMISSION Date: 03/07/12
Client Address: COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone: 574- 235 -5834
SOUTH BEND, IN 46601
Cell: Fax: 574 - 235 -9021 Email: hereinafter referred
to as the Client, and Abonmarche Consulionts, Inc., referred to as Abonmarche, of 750 Lincoln Way East, South Bend, IN 46601.
The Client contracts with Abonmorche to perform professional services with regard to the Client's project generally referred to as:
Project Name: MAYFLOWER ROAD PLANNING STUDY
Location: MAYFLOWER ROAD FROM CLEVELAND ROAD TO NIMTZ PARKWAY
SOUTH BEND, INDIANA
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, ore as follows:
Scope of work: DESCRIBED IN APPENDIX A
Project schedule: OUTLINED IN APPENDIX C
Special Provisions: NONE
Abonmarche proposal /work plan, dated March 7, 2012 is incorporated into this Agreement by reference, and is limited to the services
described therein. The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
fee as detailed in APPENDIX B: $ 12,900.00 AS DETAILED IN 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, Abonmorche will send its standard form of invoice.
If, offer 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 chonae orders. addenda. and additiravo f.
be enormec p Abonmorche. the representative shall be the contact person for submission of all documents, invoices or communications.
Authorization to Pmeed 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 b�fow I acknow1e14ge_fhot i hove received and oar p to the Terms
and Conditions on f oge 2 of fhi Agreement. pnd 1 understand that the Terms and Conditions takQgecedenceover a8 prior oral ond written understondinas.
These Tema and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other
communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited
into first class certified moil, postage prepaid, return receipt-requested.
Authorized CRent Representative 1 Authorized Abonmarche Re resentative
CITY OF SOUTH BEND
REDEVELOPMENT COMMISSION
Client: _
Signature: ?!HN
Signature:
Printed Name: . LINN, PE _-
Printed Name: _
j Title: PRESIDENT _ /_CEO
Originating
Title: _
Office ABONMARCHE CONSULTANTS, INC.
Address: 750 Lincoln Way East
ATTEST;
South Bend, IN 46601
BOARD of PUBLIC WORKS:
T 574.232.8700
F 574.251.4440
Signature:
Signature:
Signature:
Signature:
I March 7, 2012
Date Signed: _
I Dote Signed:
F: \Proposals \P thru T\S \South Bend City \Dov las Road \Bus Shelters \COSB PSA 05 -19 -1 I.docx
COSB reviewed 05 -04-11
Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONAL SERVICES AGREEMENT
1. Agreement. These Terms and Conditions shall be incorporated by reference and
shall prevail as the basis of the Client's Agreement to Abonmorche. Any Client
document or communication in addition to or In conflict with these Tema and
Conditions shag be subordinate and subject to these provisions,
2, Execution. Abonmorche has the option to render this Agreement null and void, 1
1
If it Is not executed within thirty (30) days of delivery.
3. Client ResponslbOot. The Cunt 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
1
will waive all claims against Abonmorche that may be In any way connected,
unless Abonmarche's services under this Agreement Include full -time
construction observation or review of contractor's performance.
4. Performance. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmarche's 1
17
profession practicing under similar circumstances of the some time and in the
some locality. Abonmorche makes no warranty, expressed or Implied, with
respect to any services provided by Abonmarche. Abonmarche will not be
liable for any Bairn, 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 Abonmorche.
S. Newly BWkq Rates. If payment h on on hourly rate, Client will pay Abonmorche
at the current hourly billing rates. The hourly rates are adjusted annually or as
deemed appropriate. 1
18
6. ReYnbursoble Expenses. Reimbursable expenses the actual costs Incurred
directly a hxArecily for the Client's Project, will be charged at Abonmarche's 1
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 telefox charges. copying, printing, and binding
charges, commercial tronsporlation, meals, lodging, special fees, licenses, and
permits, Subconsultont and outside technical or professional services will be
charged on the basis of the actual costs times a factor of 1.15. 2
20,
7 Additional Services. Additional services that may be provided pursuant to the
Agreement a any subsequent modification of the Agreement will be
authorized, when possible, by written amendment signed on behalf of the Client
and Abonmorche. Additional services, performed by Abonmorche are subject 2
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 2
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 R Is In writing.
8. Underground Structures a Buried Utilities. The Client is responsible for
Identification and location of all public and private buried structures on the
Client's property and the Project site, such as, but not limited to, storage tanks 2
23.
and lines, or gos, water, sewer, electrical, phone, cable, or any other public or
private utilities. It h agreed that Abonmorche is not responsible for accldeniol
damage to utflltles or underground structures, whether known, unknown or
Improperly located. The client shall be responsible for design fees if chorges are 2
24.
necessary. Utility locating or marking services provided by Abonmorche are not
substitutes for complying with the utility owner notification requirements or the r
r
locating services (811 systems) required prior to on excavation. Utilities shown as
located by ground penetrating rador are opproxirnate only. No excavation
took place to verify the pos8lons shown or to verify the type of utility (except as 2
25.
noted). Careful excavation is required for verificotlon of the buried utility. The
owner or customer assumes the risk of error and the actual location of the
underground utility. Abonmorche Is not providing any certification a guarantee
regarding the exact location of any underground utility.
9. Underground Conditions, Abonmorche shall have no responsibility for the I
II
Identification of existing ar unforeseen /differing underground conditions. The
Contractor shall have sole responsibility for determining the nature of t
t
underground conditions and the means and methods of dealing with those 2
26.
conditions. Abonmarche Is entitled to rely upon the information provided by
geotechnicol consultants and shall have no responsibility for the accuracy or u
u
correctness of the data contained In the geotechnical reports.
IO.SNe Access and Security. With the exception of access rights that land surveyors
are afforded by low, the Client will provide Abonmorche 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 that lands. The Client e
solely responsible for site sec^.
this Agreement.
End of Agreement
11, Consultants. Abonmorche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Deportment 05/04/2011.
to perform services which are typically the Client's responsibility, such as surveys,
geotechnical and environmental assessments. The Client agrees that
Abonmarche will not be responsible for, or in any manner guarantee, the
performance of services by the Consultants. The Client agrees that
Abonmorche 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.Opinfom of Cost. Any opinions of probable construction cost and /or total
project cost provided by Abonmarche will be on the bash of experience and
judgment, but these are only estimates. Abonmorche does not warrant that bids
or ultimate construction or total project costs will not vary from such estimates.
13.Ownerstslp 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 Abonmorche only in connection with the Project. Any other use or
reuse by the Client for any purposes whatever will be of the Client's risk and full
legal responsibility, without iability to Abonmorche and the Client will defend,
indemnify, and hold Abonmorche hart-less from all claims, damages, losses,
and expenses, including attorney fees arising out of or resulting there from.
14.Elechoric Media. Copies of data, reports, drawings, specifications, and other
materials furnished by Abonmorche that may be relied upon by The Client are
limited to the printed copies (also known as hard copies) that ore delivered to
the Client pursuant to the services under this Agreement. Computer flies of text,
data, graphics. or of other types of electronic media are the sole possession of
COSB reviewed 05 -04 -11 Page 2 of 2