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Community & Economic Development r
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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, ADED
Subject: Resolution 3012 and Amendment to Addendum To Master Agency Agreement
748 Hawbaker Demolition Planning Project - Supplement #1
Date: March 9, 2012
Attached to this memorandum is Resolution 3012 and Amendment to Addendum To Master Agency
Agreement for the 748 Hawbaker Demolition Planning Project - Supplement #1. Attached to the
Addendum is a copy of the professional services proposal from Christopher B. Burke Engineering,
LLC. to provide design and bidding services for the reuse of 748 Hawbaker Street. Also included is
an engineer's estimate for the work on the site.
On May 27,, 2011, the Commission purchased 748 Hawbaker, located north of Menards and south
of the Mutual Bank location on Ireland and High Street, for uses consistent with the Erskine Plaza
Pond project and the Ireland and High intersection improvement project. The lot has been cleared
and the proposed plan for the site is to construct a sidewalk along the eastern edge of the property
that will connect the Mendard's property and the western end of Erskine Plaza to Ireland Road. The
property will also be landbanked to be used to provide drainage relief if conditions require extra
stormwater management solutions in that western end of the project area. The cost of the
professional services with Christopher B. Burke Engineering, LLC is $5,500.00. The total project
cost of the project is $32,182.70 and staff would request budget approval to allow for construction of
the improvements after proper quotes are received.
Staff requests approval of Resolution 3012 and the Amendment to Addendum To Master Agency
Agreement for the 748 Hawbaker Demolition Planning Project - Supplement #1.
What We Do Today Makes A Difference!
C ±
JOB
SHEET NO.
CALCULATED BY
CHECKED BY
High and Hawbaker
1 OF 1
JJD DATE
DATE
Item No
Description
Chit
Unit
Unit Price
Subtotal
1
Sidewalk, Conrete, 4 in.
151
SYS
$40.00
$6,040.00
2
Trans. Mrkg., Thermo, C /W, 6 in.
70
LFT
$1.50
$105.00
3
Trans. Mrkg., Thermo, S /L, 24 in.
15
LFT
$5.00
$75.00
4
Curb, Concrete, Remove
10
LFT
$5.00
$50.00
5
Curb, Concrete
10
LFT
$ 25.00
$250.00
6
Berm
260
LFT
$30.00
$7,800.00
7
Seeding
1156
SYS
$2.00
$2,312.00
8
Sodding
125
SYS
$9.00
$1,125.00
9
Plantings
1
LS
$10,000.00
$10,000.00
10
Curb Ramp, Concrete, A
3
EA
$500.00
$1,500.00
Subtotal
$29,257.00
Cont. (10 %)
$2,925.70
Total
$32,182.70
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RESOLUTION NO. 3012
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(748 Hawbaker Demolition Planning Project - Supplement #1)
2892 -11, 3012 -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, 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 748 Hawbaker Demolition Planning Project to the Master Agency Agreement by way
of an Addendum on June 14, 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 (748 Hawbaker Demolition Planning
Project - Supplement #1) and hereby authorizes its execution in substantially the form
attached hereto with such changes as the Commission may deem necessary or appropriate
upon the advice of counsel, said execution thereof to be conclusive evidence of the
Commission's approval of such changes. The Clerk is hereby directed to file a copy of
this Amendment to the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section . 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
(748 Hawbaker Demolition Planning Project - Supplement #1)
2892 -11, 3012 -12
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment'), made and entered into as of the 27th day of March, 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
Main - Lafayette Connector Design Project - 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 748 Hawbaker Demolition Planning Project - Supplement #1 to the Master Agency
Agreement by way of an Addendum on June 14, 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:
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"
748 HAWBAKER DEMOLITION PLANNING PROJECT
See attached approval from the BPW dated June 27, 2011
ADDENDUM TO
MASTER AGENCY AGREEMENT
(748 Hawbaker Demolition Planning Project)
2892 -11
This Addendum to Master Agency Agreement (this "Addendum "), made and
e2q-ft,
entered into as of the day of June, 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 748 Hawbaker Demolition
Planning Project (tile "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 748 Hawbaker Demolition Planning 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;
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 terns 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
I]
Marcia I. Jone6-;/President
South Bend Redevelopment Commission
7ATTE T:
David A. Varner, Vice President
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PU S
Gary Gilot, President
C r'1 Littrell, Member
i
on Inks, Member
ATTEST:
da Martin, Clerk
Exhibit "A"
748 HAWBAKER DEMOLITION PLANNING PROJECT
See attached proposal fi•om Christopher B. Burke Engineering, Ltd, dated May 12, 2011
CHRISTOPHER B. BURKE ENGINEERING, LTD.
220 West Colfax Avenue Suite 500 South Send, IN 46601 TEL (574) 282 -8001 FAX (574) 282 -8003
May 12, 2011
Bill Schalliol
City of South Bend
Division of Economic Development
12th Floor County -City Building
South Bend, IN 46601
Subject: Demolition of 748 Hawbaker Street
Professional Services Proposal
Dear Mr. Schailiol:
Christopher B. Burke Engineering, Ltd (CBBEL) is pleased to provide this proposal for
professional engineering services related to the Demolition of 748 Hawbaker Street in
the City of South Bend. The following is our understanding of the assignment, scope of
services, and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands the City is seeking assistance in the development of quote
documents for the demolition of the properties at 748 Hawbaker Street. The project is
being proposed by the City as a means to prepare the property for future development or
for use in a separate Public Works improvement project.
The project includes the preparation of an Asbestos Survey in support of the proposed
demolition and the demolition project specifications.
SCOPE OF SERVICES
Services to be provided by CBBEL for this work have been identified as follows:
Task 1- Asbestos Survey
An Asbestos - Containing Building Material (ACBM) survey will be performed for the
existing residential structure by our sub - contractor, Wightman Petrie, Inc a State of
Indiana Certified Asbestos Inspector. The surveys will begin with a walk- through of the
existing structures to document the locations of friable and non - friable materials that may
be present. Friable materials are those that can be pulverized or reduced to powder by
moderate pressure, such as spray - applied fireproofing and acoustical materials,
Christopher B. Burke Engineering Ltd.
P01,100543.00000
City of South Bend: Demolition of 748 Hawbaker Street
Page 1
acoustical ceiling tiles and most thermal system insulation. Non - friable materials are
those that cannot be crumbled easily, such as resilient floor tiles and cement asbestos
(Transite) board. Although the emphasis is on detecting friable materials, the possible
presence of non - friable ACBM must also be considered, since non - friable materials may
be pulverized or otherwise damaged and release asbestos fibers into the air during
building demolition.
The next phase of the surveys will involve the selection of sampling areas and sample
locations. Sample areas are typically grouped based on material homogeneity. A
homogeneous area is one that contains suspect materials that appear by texture, color
and wear to be uniform and applied or installed at the same general time period. After
sampling areas have been determined and recorded, representative samples of suspect
materials will be collected. Only suspect material samples will be submitted for
laboratory analyses. Samples will be sealed in airtight containers, labeled, and
forwarded to an approved laboratory for analysis by the EPA - recommended method of
Polarized Light Microscopy coupled with dispersion staining.
Once sample analyses have been received, results will be reported as a Letter Report to
the City of South Bend. The requisite Indiana Department of Environmental
Management (IDEM), Notification of Demolition and Renovation Operations forms (with
documentation) will also be prepared for signature by an "authorized representative" of
the City of South Bend, and subsequent facsimile submittal to the Office of Air Quality.
Task 2 — Design Services / Demolition Quote Documents
CBBEL staff will design and prepare final quote documents for the project. All plans and
specifications will be prepared in accordance with City Standards and Specifications.
The bid documents will include recommendations provided in the Asbestos Survey to
address the requirements of the regulatory agencies involved with this demolition.
Specifications will be developed utilizing standard specifications provided by the City in
addition to CBBEL standard specifications. Applicable conflicts will be brought to your
attention for your input.
CBBEL staff will provide an opinion of probable cost based on the final quote
documents. This opinion will be based on the judgment of CBBEL engineering staff,
supplemented by local construction project history information provided by the City.
Task 3 — Quote Services_
CBBEL will send out up to five (5) quote requests with the full quote documents to
contractors chosen by the City. CBBEL will assist the City in conducting a pre -quote
conference at the sites. CBBEL will address contractor questions and prepare and issue
addenda. Following quote opening, CBBEL will compile and certify quote tabulation
sheets and provide a contract award recommendation to the Owner. It is assumed that
City staff or representatives will coordinate the quote collection, quote opening, and the
preparation of the construction agreement.
Christopher B. Burke Engineering Ltd. City of South Bend: Demolition of 746 Hawbaker Street
P01.100543.00000 Page 2
SCHEDULE
All work will be completed within ±jqy 30 days of the Notice to Proceed.
ESTIMATED FEE
We have estimated the total fee for these services to be $3,340.00. This total fee is
estimated to be divided between the Tasks as follows:
Sub - Contractor Services
Task 1. $ 700.00
(Wightman Petrie, Inc.)
CBBEL Services
Tasks 2 and 3 $ 2,640.00
Reimbursable Expenses (mileage printing) $ 100.00
Total $ 3,440,00
If the value of work accomplished exceeds $3,440.00, CBBEL shall assess the
remaining work and shall notify you, in writing, of the revised compensation and
schedule before continuing with the services. No additional work will be performed until
a written contact amendment has been approved by both parties.
We will bill you monthly, on a time and material basis, for assigned tasks in accordance
with our attached standard Charges for Professional Services. In addition, our contract
will be established in accordance with the attached General Terms and Conditions.
These General Terms and Conditions are expressly incorporated into and are an integral
part of this contract for professional services.
If this proposal meets with your approval, please sign where indicated and return an
executed original to us as our Notice to Proceed. The executed Proposal, along with
the Estimated Fee, the attached Standard Charges for Professional Services, and the
attached General Terms and Conditions constitute the whole of our Agreement. Any
modification to any part of this Agreement without prior acknowledgement and consent
by CBBEL will make null and void this Agreement. Any time commitment made by
CBBEL as part of the Agreement does not begin until CBBEL has received an executed
original.
Christopher B. Burke Engineering Ltd. City of South Bend: Demolition of 748 Hawbaker Street
P01.100543.00000 Page 3
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. Please contact Jason Durr at the number listed above or me at 317-
266 -8000 if you have any questions.
Sincerely,
Jon D. Stolz, P.E.
Manager, Indiana
THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR
PROFESSIONAL SERVICES, AND GENERAL TERMS 8, CONDITIONS FOR THE
DEMOLITION OF 748 HAWBAKER STREET IS ACCEPTED BY THE CITY OF SOUTH
BEND, INDIANA — DEPARTMENT OF PUBLIC WORKS
The above contract is accepted this
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Gary A. Gilot, P.E. - President
Donald E. Inks - Member
Carl P. Littrell, P.E. - Member
ACCEPTANCE
day of
ATTEST:
Linda M. Martin - Clerk
Enclosures: Standard Charges for Professional Services
General Terms and Conditions
2090
Christopher B. Burke Engineering Ltd. City of South Bend: Demolition of 748 Hawbaker Street
P01.100543.00000 Page 4
CHRISTOPHER B. BURKE ENGINEERING, LTD.
STANDARD CHARGES FOR PROFESSIONAL SERVICES
INDIANA PROJECTS
JANUARY 2011
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
11 &-'11 ,
Charges*
Personnel
IHr
Engineer VI
210
Engineer V
168
Engineer IV
138
Engineer ill
125
Engineer 1 /II
102
Resource Planner V
138
Resource Planner IV
125
Resource Planner III
109
Resource Planner I 111
96
Engineering Technician IV
125
Engineering Technician III
109
Engineering Technician 1 /11
96
CAD II
111
CAD 1
98
GIS Specialist Ill
109
GIS Specialist I /11
87
Environmental Resource Specialist V
138
Environmental Resource Specialist IV
125
Environmental Resource Specialist III
109
Environmental Resource Specialist 1 /II
96
Environmental Resource Technician
90
Administrative
67
Engineering Intern
53
Information Technician 1 /11
62
Direct Costs
Outside Copies, Blueprints, Messenger, Delivery Services, Mileage Cost + 12%
*Charges include overhead and profit
Christopher B. Burke Engineering, Ltd.
11 &-'11 ,
CHRISTOPHER B. BURKE ENGINEERING, LTD,
GENERAL TERMS AND CONDITIONS
Relationship Between Engineer and Client: Christopher B. Burke Engineering, Ltd.
(Engineer) shall serve as Client's professional engineer consultant in those phases of
the Project to which this Agreement applies. This relationship is that of a buyer and
seller of professional services and as such the Engineer is an independent contractor in
the performance of this Agreement and it is understood that the parties have not entered
into any joint venture or partnership with the other. The Engineer shall not be considered
to be the agent of the Client. Nothing contained in this Agreement shall create a
contractual relationship with a cause of action in favor of a third party against either the
Client or Engineer.
Furthermore, causes of action between the parties to this Agreement pertaining to acts
of failures to act shall be deemed to have accrued and the applicable statute of
limitations shall commence to run not later than the date of substantial completion.
Responsibility of the Engineer: Engineer will strive to perform services under this
Agreement in accordance with generally accepted and currently recognized engineering
practices and principles, and in a manner consistent with that level of care and skill
ordinarily exercised by members of the profession currently practicing in the same
locality under similar conditions. No other representation, express or implied, and no
warranty or guarantee is included or intended in this Agreement, or in any report,
opinion, document, or otherwise.
Notwithstanding anything to the contrary which may be contained in this Agreement or
any other material incorporated herein by reference, or in any Agreement between the
Client and any other party concerning the Project, the Engineer shall not have control or
be in charge of and shall not be responsible for the means, methods, techniques,
sequences or procedures of construction, or. the safety, safety precautions or programs
of the Client, the construction contractor, other contractors or subcontractors performing
any of the work or providing any of the services on the Project. Nor shall the Engineer
be responsible for the acts or omissions of the Client, or for the failure of the Client, any
architect, engineer, consultant, contractor or subcontractor to carry out their respective
responsibilities in accordance with the Project documents, this Agreement or any other
agreement concerning the Project. Any provision which purports to amend this provision
shall be without effect unless it contains a reference that the content of this condition is
expressly amended for the purposes described in such amendment and is signed by the
Engineer.
Changes: Client reserves the right by written change order or amendment to make
changes in requirements, amount of work, or engineering time schedule adjustments,
and Engineer and Client shall negotiate appropriate adjustments acceptable to both
parties to accommodate any changes, if commercially possible.
Suspension of Services: Client may, at any time, by written order to Engineer
(Suspension of Services Order) require Engineer to stop all, or any part, of the services
required by this Agreement. Upon receipt of such an order, Engineer shall immediately
comply with its terms and take all reasonable steps to minimize the costs associated
with the services affected by such order, Client, however, shall pay all costs incurred by
the suspension, including all costs necessary to maintain continuity and for the
resumption of the services upon expiration of the Suspension of Services Order.
Engineer will not be obligated to provide the same personnel employed prior to
suspension, when the services are resumed, in the event that the period of suspension
is greater than thirty (30) days.
5. Termination: This Agreement may be terminated by either party upon thirty (30) days
written notice in the event of substantial failure by the other party to perform in
accordance with the terms hereof through no fault of the terminating party. This
Agreement may be terminated by Client, under the same terms, whenever Client shall
determine that termination is in its best interests. Cost of termination, including salaries,
overhead and fee, incurred by Engineer either before or after the termination date shall
be reimbursed by Client.
6. Documents Delivered to Client: Drawings, specifications, reports, and any other Project
Documents prepared by Engineer in connection with any or all of the services furnished
hereunder shall be delivered to the Client for the use of the Client. Engineer shall have
the right to retain originals of all Project Documents and drawings for its files.
Furthermore, it is understood and agreed that the Project Documents such as, but not
limited to reports, calculations, drawings, and specifications prepared for the Project,
whether in hard copy or machine readable form, are instruments of professional service
intended for one -time use in the construction of this Project. These Project Documents
are and shall remain the property of the Engineer. The Client may retain copies,
including copies stored on magnetic tape or disk, for information and reference in
connection with the occupancy and use of the Project.
When and if record drawings are to be provided by the Engineer, Client understands
that information used in the preparation of record drawings is provided by others and
Engineer is not responsible for accuracy, completeness, nor sufficiency of such
information. Client also understands that the level of detail illustrated by record drawings
will generally be the same as the level of detail illustrated by the design drawing used for
project construction. If additional detail is requested by the Client to be included on the
record drawings, then the Client understands and agrees that the Engineer will be due
additional compensation for additional services.
It is also understood and agreed that because of the possibility that information and data
delivered in machine readable form may be altered, whether inadvertently or otherwise,
the Engineer reserves the right to retain the original tapes /disks and to remove from
copies provided to the Client all identification reflecting the involvement of the Engineer
in their preparation. The Engineer also reserves the right to retain hard copy originals of
all Project Documentation delivered to the Client in machine readable form, which
originals shall be referred to and shall govern in the event of any inconsistency between
the two.
The Client understands that the automated conversion of information and data from the
system and format used by the Engineer to an alternate system or format cannot be
accomplished without the introduction of inexactitudes, anomalies, and errors. In the
event Project Documentation provided to the Client in machine readable form Is so
converted, the Client agrees to assume all risks associated therewith and, to the fullest
2
extent permitted by law, to hold harmless and indemnify the Engineer from and against
all claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising therefrom or in connection therewith.
The Client recognizes that changes or modifications to the Engineer's instruments of
professional service introduced by anyone other than the Engineer may result in
adverse consequences which the Engineer can neither predict nor control. Therefore,
and in consideration of the Engineer's agreement to deliver its instruments of
professional service in machine readable form, the Client agrees, to the fullest extent
permitted by law, to hold harmless and indemnify the Engineer from and against all
claims, liabilities, losses, damages, and costs, including but not limited to attorney's
fees, arising out of or in any way connected with the modification, misinterpretation,
misuse, or reuse by others of the machine readable information and data provided by
the Engineer under this Agreement. The foregoing indemnification applies, without
limitation, to any use of the Project Documentation on other projects, for additions to this
Project, or for completion of this Project by others, excepting only such use as may be
authorized, in writing, by the Engineer.
Reuse of Documents: All Project Documents including but not limited to reports,
opinions of probable costs, drawings and specifications furnished by Engineer pursuant
to this Agreement are intended for use on the Project only. They cannot be used by
Client or others on extensions of the Project or any other project. Any reuse, without
specific written verification or adaptation by Engineer, shall be at Client's sole risk, and
Client shall indemnify and hold harmless Engineer from all claims, damages, losses,
and expenses including attorney's fees arising out of or resulting therefrom.
The Engineer shall have the right to include representations of the design of the Project,
including photographs of the exterior and interior, among the Engineer's promotional
and professional materials. The Engineer's materials shall not include the Client's
confidential and proprietary information if the Client has previously advised the Engineer
in writing of the specific information considered by the Client to be confidential and
proprietary.
$. Standard of Practice: The Engineer will strive to conduct services under this agreement
in a manner consistent with that level of care and skill ordinarily exercised by members
of the profession currently practicing in the same locality under similar conditions as of
the date of this Agreement.
9. Compliance with Laws: The Engineer will strive to exercise usual and customary
professional care in his /her efforts to comply with those laws, codes, ordinance and
regulations which are in effect as of the date of this Agreement. With specific respect to
prescribed requirements of the Americans with Disabilities Act of 1990 or certified state
or local accessibility regulations (ADA), Client understands ADA is a civil rights
legislation and that interpretation of ADA is a legal issue and not a design issue and,
accordingly, retention of legal counsel (by Client) for purposes of interpretation is
advisable. As such and with respect to ADA, Client agrees to waive any action against
Engineer, and to indemnify and defend Engineer against any claim arising from
Engineer's alleged failure to meet ADA requirements prescribed.
Further to the law and code compliance, the Client understands that the Engineer will
strive to provide designs in accordance with the prevailing Standards of Practice as
previously set forth, but that the Engineer does not warrant that any reviewing agency
having jurisdiction will not for its own purposes comment, request changes and /or
additions to such designs. In the event such design requests are made by a reviewing
agency, but which do not exist in the form of a written regulation, ordinance or other
similar document as published by the reviewing agency, then such design changes (at
substantial variance from the intended design developed by the Engineer), if effected
and incorporated into the project documents by the Engineer, shall be considered as
Supplementary Task(s) to the Engineer's Scope of Service and compensated for
accordingly.
10. Indemnification: Engineer shall indemnify and hold harmless Client up to the amount of
this contract fee (for services) from loss or expense, including reasonable attorney's
fees for claims for personal injury (including death) or property damage to the extent
caused by the sole negligent act, error or omission of Engineer.
Client shall indemnify and hold harmless Engineer under this Agreement, from loss or
expense, including reasonable attorney's fees, for claims for personal injuries (including
death) or property damage arising out of the sole negligent act, error omission of Client.
In the event of joint or concurrent negligence of Engineer and Client, each shall bear
that portion of the loss or expense that its share of the joint or concurrent negligence
bears to the total negligence (including that of third parties), which caused the personal
injury or property damage.
Neither Client nor Engineer shall be liable to the other party for special, incidental or
consequential damages, including, but not limited to loss of profits, revenue, use of
capital, claims of customers, cost of purchased or replacement power, or for any other
loss of any nature, whether based on contract, tort, negligence, strict liability or
otherwise, by reasons of the services rendered under this Agreement.
11. Opinions of Probable Cost: Since Engineer has no control over the cost of labor,
materials or equipment, or over the Contractor(s) method of determining process, or
over competitive bidding or market conditions, his /her opinions of probable Project
Construction Cost provided for herein are to be made on the basis of his /her experience
and qualifications and represent his /her judgment as a design professional familiar with
the construction industry, but Engineer cannot and does not guarantee that proposal,
bids or the Construction Cost will not vary from opinions of probable construction cost
prepared by him /her. If prior to the Bidding or Negotiating Phase, Client wishes greater
accuracy as to the Construction Cost, the Client shall employ an independent cost
estimator Consultant for the purpose of obtaining a second construction cost opinion
independent from Engineer.
12. Govemina Law & Dispute Resolutions: This Agreement shall be governed by and
construed in accordance with Articles previously set forth by (Item 9 of) this Agreement,
together with the laws of the State of Indiana.
4
Any claim, dispute or other matter in question arising out of or related to this Agreement,
which cannot be mutually resolved by the parties of this Agreement, shall be subject to
mediation as a condition precedent to arbitration (if arbitration is agreed upon by the
parties of this Agreement) or the institution of legal or equitable proceedings by either
party. If such matter relates to or is the subject of a lien arising out of the Engineer's
services, the Engineer may proceed in accordance with applicable law to comply with
the lien notice or filing deadlines prior to resolution of the matter by mediation or by
arbitration.
The Client and Engineer shall endeavor to resolve claims, disputes and other matters in
question between them by mediation which, unless the parties mutually agree
otherwise, shall be in accordance with the Construction Industry Mediation Rules of the
American Arbitration Association currently in effect. Requests for mediation shall be filed
in writing with the other party to this Agreement and with the American Arbitration
Association. The request may be made concurrently with the filing of a demand for
arbitration but, in such event, mediation shall proceed in advance of arbitration or legal
or equitable proceedings, which shall be stayed pending mediation for a period of 60
days from the date of filing, unless stayed for a longer period by agreement of the
parties or court order.
The parties shall share the mediator's fee and any filing fees equally. The mediation
shall be held in the place where the Project is located, unless another location is
mutually agreed upon. Agreements reached in mediation shall be enforceable as
settlement agreements in any court having jurisdiction thereof.
13. Successors and Assions: The terms of this Agreement shall be binding upon and inure
to the benefit of the parties and their respective successors and assigns: provided,
however, that neither party shall assign this Agreement in whole or in part without the
prior written approval of the other.
14. Waiver of Contract Breach: The waiver of one party of any breach of this Agreement or
the failure of one party to enforce at any time, or for any period of time, any of the
provisions hereof, shall be limited to the particular instance, shall not operate or be
deemed to waive any future breaches of this Agreement and shall not be construed to
be a waiver of any provision, except for the particular instance.
15. Entire Understanding of Agreement: This Agreement represents and incorporates the
entire understanding of the parties hereto, and each party acknowledges that there are
no warranties, representations, covenants or understandings of any kind, matter or
description whatsoever, made by either party to the other except as expressly set forth
herein. Client and the Engineer hereby agree that any purchase orders, invoices,
confirmations, acknowledgments or other similar documents executed or delivered with
respect to the subject matter hereof that conflict with the terms of the Agreement shall
be null, void and without effect to the extent they conflict with the terms of this
Agreement.
16, Amendment: This Agreement shall not be subject to amendment unless another
instrument is duly executed by duly authorized representatives of each of the parties
and entitled "Amendment of Agreement ".
5
17. Severability of Invalid Provisions: If any provision of the Agreement shall be held to
contravene or to be invalid under the laws of any particular state, county or jurisdiction
where used, such contravention shall not invalidate the entire Agreement, but it shall be
construed as if not containing the particular provisions held to be invalid in the particular
state, country or jurisdiction and the rights or obligations of the parties hereto shall be
construed and enforced accordingly.
18. Force Maieure: Neither Client nor Engineer shall be liable for any fault or delay caused
by any contingency beyond their control including but not limited to acts of God, wars,
strikes, walkouts, fires, natural calamities, or demands or requirements of governmental
agencies.
19. Subcontracts: Engineer may subcontract portions of the work, but each subcontractor
must be approved by Client in writing.
20. Access and Permits: Client shall arrange for Engineer to enter upon public and private
property and obtain all necessary approvals and permits required from all governmental
authorities having jurisdiction over the Project. Client shall pay costs (including
Engineer's employee salaries, overhead and fee) incident to any effort by Engineer
toward assisting Client in such access, permits or approvals, if Engineer perform such
services.
21. Designation of Authorized Representative: Each party (to this Agreement) shall
designate one or more persons to act with authority in its behalf in respect to
appropriate aspects of the Project. The persons designated shall review and respond
promptly to all communications received from the other party.
22. Notices: Any notice or designation required to be given to either party hereto shall be in
writing, and unless receipt of such notice is expressly required by the terms hereof shall
be deemed to be effectively served when deposited in the mail with sufficient first class
postage affixed, and addressed to the party to whom such notice is directed at such
party's place of business or such other address as either party shall hereafter fumish to
the other party by written notice as herein provided.
23. Limit of Liability: The Client and the Engineer have discussed the risks, rewards, and
benefits of the project and the Engineer's total fee for services. In recognition of the
relative risks and benefits of the Project to both the Client and the Engineer, the risks
have been allocated such that the Client agrees that to the fullest extent permitted by
law, the Engineer's total aggregate liability to the Client for any and all injuries, claims,
costs, losses, expenses, damages of any nature whatsoever or claim expenses arising
out of this Agreement from any cause or causes, including attorney's fees and costs,
and expert witness fees and costs, shall not exceed the total Engineer's fee for
professional engineering services rendered on this project as made part of this
Agreement. Such causes included but are not limited to the Engineer's negligence,
errors, omissions, strict liability or breach of contract. It is intended that this limitation
apply to any and all liability or cause of action however alleged or arising, unless
otherwise prohibited by law.
24. Client's Responsibilities: The Client agrees to provide full information regarding
requirements for and about the Project, including a program which shall set forth the
Client's objectives, schedule, constraints, criteria, special equipment, systems and site
requirements.
The Client agrees to furnish and pay for all legal, accounting and insurance counseling
services as may be necessary at any time for the Project, including auditing services
which the Client may require to verify the Contractor's Application for Payment or to
ascertain how or for what purpose the Contractor has used the money paid by or on
behalf of the Client.
The Client agrees to require the Contractor, to the fullest extent permitted by law, to
indemnify, hold harmless, and defend the Engineer, its consultants, and the employees
and agents of any of them from and against any and all claims, suits, demands,
liabilities, losses, damages, and costs ( "Losses "), including but not limited to costs of
defense, arising in whole or in part out of the negligence of the Contractor, its
subcontractors, the officers, employees, agents, and subcontractors of any of them, or
anyone for whose acts any of them may be liable, regardless of whether or not such
Losses are caused in part by a party indemnified hereunder. Specifically excluded from
the foregoing are Losses arising out of the preparation or approval of maps, drawings,
opinions, reports, surveys, change orders, designs, or specifications, and the giving of
or failure to give directions by the Engineer, its consultants, and the agents and
employees of any of them, provided such giving or failure to give is the primary cause of
Loss. The Client also agrees to require the Contractor to provide to the Engineer the
required certificate of insurance.
The Client further agrees to require the Contractor to name the Engineer, its agents and
consultants as additional insureds on the Contractor's policy or policies of
comprehensive or commercial general liability insurance. Such insurance shall include
products and completed operations and contractual liability coverages, shall be primary
and noncontributing with any insurance maintained by the Engineer or its agents and
consultants, and shall provide that the Engineer be given thirty days, unqualified written
notice prior to any cancellation thereof.
in the event the foregoing requirements, or any of them, are not established by the
Client and met by the Contractor, the Client agrees to indemnify and hold harmless the
Engineer, its employees, agents, and consultants from and against any and all Losses
which would have been indemnified and insured against by the Contractor, but were not.
When Contract Documents prepared under the Scope of Services of this contract
require insurance(s) to be provided, obtained and/or otherwise maintained by the
Contractor, the Client agrees to be wholly responsible for setting forth any and all such
insurance requirements. Furthermore, any document provided for Client review by the
Engineer under this Contract related to such insurance(s) shall be considered as sample
insurance requirements and not the recommendation of the Engineer. Client agrees to
have their own risk management department review any and all insurance requirements
for adequacy and to determine specific types of insurance(s) required for the project.
Client further agrees that decisions concerning types and amounts of insurance are
specific to the project and shall be the product of the Client. As such, any and all
insurance requirements made part of Contract Documents prepared by the Engineer are
not to be considered the Engineer's recommendation, and the Client shall make the final
decision regarding insurance requirements.
25. Information Provided by Others: The Engineer shall indicate to the Client the information
needed for rendering of the services of this Agreement. The CHent shall provide to the
Engineer such information as is available to the Client and the Client's consultants and
contractors, and the Engineer shall be entitled to rely upon the accuracy and
completeness thereof. The Client recognizes that it is impossible for the Engineer to
assure the accuracy, completeness and sufficiency of such information, either because
it is impossible to verify, or because of errors or omissions which may have occurred in
assembling the information the Client is providing. Accordingly, the Client agrees, to the
fullest extent permitted by law, to indemnify and hold the Engineer and the Engineer's
subconsultants harmless from any claim, liability or cost (including reasonable attorneys'
fees and cost of defense) for injury or loss arising or allegedly arising from errors,
omissions or inaccuracies in documents or other information provided by the Client to
the Engineer.
26. Payment: Client shall be invoiced once each month for work performed during the
preceding period. Client agrees to pay each invoice within thirty -five (35) days of its
receipt. Client further agrees to pay Engineer's cost of collection of all amounts due and
unpaid after sixty (60) days, including court costs and reasonable attorney's fees, as
well as costs attributed to suspension of services accordingly and as follows:
Collection Costs. In the event legal action is necessary to enforce the payment
provisions of this Agreement, the Engineer shall be entitled to collect from the
Client any judgment or settlement sums due, reasonable attorneys, fees, court
costs and expenses incurred by the Engineer in connection therewith and, in
addition, the reasonable value of the Engineer's time and expenses spent in
connection with such collection action, computed at the Engineer's prevailing fee
schedule and expense policies.
Suspension of Services. If the Client fails to make payments when due or
otherwise is in breach of this Agreement, the Engineer may suspend
performance of services upon five (5) calendar days' notice to the Client. The
Engineer shall have no liability whatsoever to the Client for any costs or
damages as a result of such suspension caused by any breach of this
Agreement by the Client. Client will reimburse Engineer for all associated costs
as previously set forth in (Item 4 of) this Agreement.
27. Indemnity Clause: When construction observation tasks are part of the service to be
performed by the Engineer under this Agreement, the Client will include the following clause
in the construction contract documents and the Client agrees not to modify or delete it:
Contractor (and any subcontractor into whose subcontract this clause is
incorporated) agrees and acknowledges that Engineer shall be considered a third
party beneficiary of those contracts into which this clause has been incorporated;
and agrees to assume the entire liability for all personal injury claims suffered by its
employees, including without limitation, claims asserted by persons allegedly injured
on the Project; waives any limitation of liability defense based on the Workers'
Compensation Act, court interpretations of said Act or otherwise; and to the fullest
extent permitted by law, agrees to indemnify and hold harmless and defend Owner
and Engineer and their agents, employees, and consultants (the "Indemnities ") from
and against any such loss, expense, damage or injury, including attorneys' fees and
costs that the Indemnitees may sustain as a result of such claims.
28. Job Site Safety /Supervision & Construction Observation: The Engineer shall neither have
control over or charge of, nor be responsible for, the construction means, methods,
techniques, sequences of procedures, or for safety precautions and programs in connection
with the Work since they are solely the Contractor's rights and responsibilities. The Client
agrees that the Contractor shall supervise and direct the work efficiently with his /her best
skill and attention; and that the Contractor shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction and safety at the job site.
The Client agrees and warrants that this intent shall be carried out in the Client's contract
with the Contractor. The Client further agrees that the Contractor shall be responsible for
initiating, maintaining and supervising all safety precautions and programs in connection with
the work; and that the Contractor shall take all necessary precautions for the safety of, and
shall provide the necessary protection to prevent damage, injury or loss to, all employees on
the subject site and all other persons who may be affected thereby. The Engineer shall have
no authority to stop the work of the Contractor or the work of any subcontractor on the
project.
When construction observation services are included in the Scope of Services, the Engineer
shall visit the site at intervals appropriate to the stage of the Contractor's operation, or as
otherwise agreed to by the Client and the Engineer to: 1) become generally familiar with and
to keep the Client informed about the progress and quality of the Work; 2) to strive to bring to
the Client's attention defects and deficiencies In the Work and; 3) to determine in general if
the Work is being performed in a manner indicating that the Work, when fully completed, will
be in accordance with the Contract Documents, However, the Engineer shall not be required
to make exhaustive or continuous on -site inspections to check the quality or quantity of the
Work. If the Client desires more extensive project observation, the Client shall request that
such services be provided by the Engineer as Additional and Supplemental Construction
Observation Services in accordance with the terms of this Agreement.
The Engineer shall not be responsible for any acts or omissions of the Contractor,
subcontractor, any entity performing any portions of the Work, or any agents or employees
(ri
of any of them. The Engineer does not guarantee the performance of the Contractor and
shall not be responsible for the Contractor's failure to perform its Work in accordance
with the Contract Documents or any applicable laws, codes, rules or regulations.
When municipal review services are included in the Scope of Services, the Engineer
(acting on behalf of the municipality), when acting in good faith in the discharge of its
duties, shall not thereby render itself liable personally and is, to the maximum extent
permitted by law, relieved from all liability for any damage that may accrue to persons or
property by reason of any act or omission in the discharge of its duties. Any suit brought
against the Engineer which involve the acts or omissions performed by it in the
enforcement of any provisions of the Client's rules, regulation and /or ordinance shall be
defended by the Client until final termination of the proceedings. The Engineer shall be
entitled to all defenses and municipal immunities that are, or would be, available to the
Client.
29. Insurance and Indemnification: The Engineer and the Client understand and agree that
the Client will contractually require the Contractor to defend and indemnify the Engineer
and /or any subconsultants from any claims arising from the Work. The Engineer and the
Client further understand and agree that the Client will contractually require the
Contractor to procure commercial general liability insurance naming the Engineer as an
additional named insured with respect to the work. The Contractor shall provide to the
Client certificates of insurance evidencing that the contractually required insurance
coverage has been procured. However, the Contractor's failure to provide the Client with
the requisite certificates of insurance shall not constitute a waiver of this provision by the
Engineer.
The Client and Engineer waive all rights against each other and against the Contractor
and consultants, agents and employees of each of them for damages to the extent
covered by property insurance during construction. The Client and Engineer each shall
require similar waivers from the Contractor, consultants, agents and persons or entities
awarded separate contracts administered under the Client's own forces.
30. Hazardous Materials/Pollutants: Unless otherwise provided by this Agreement, the
Engineer and Engineer's consultants shall have no responsibility for the discovery,
presence, handling, removal or disposal of or exposure of persons to hazardous
materials /pollutants in any form at the Project site, including but not limited to
mold /mildew, asbestos, asbestos products, polychlorinated biphenyl (PCB) or other
toxic /hazardous /pollutant type substances.
Furthermore, Client understands that the presence of mold /mildew and the like are
results of prolonged or repeated exposure to moisture and the lack of corrective action.
Client also understands that corrective action is an operation, maintenance and repair
activity for which the Engineer is not responsible.
June 13.2005- INDIANA
gtfc- Indiana modified City of south Bend
10
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date June 8, 2011 Department C &ED
BPW Date June 23, 2011 Phone 235 -5842
Name Bill Schailiol
:a Legal ® Attorney Name L. Meteiver
(DI o 70, Controller review is required for all Contracts $5,000.00 or more
o o Controller ® and greater than one year in length per the City Purchasing
n`. m Policy
Other Appropriate Reviewers ❑
.Check: the Aon.m rlate Vern Tvne — Pa. au]rad fnr'Ail �tphm %cc1��c
Reautred Information
Company or Vendor Name
A reement
Contract
Pro posal
Addendum
Z No
Claim
If Yes, Approved by Purchasing
Project Name
Bid Opening
❑
Bid Award
Funding Source
Req. to Advertise
Title Sheet
Lj
Quote Opening
$
Quote Award
El
Chg Order No.
Addendum related to 748 Hawbaker Demolition Planning Project
C/O & PCA No.
❑
PCA
Ease. /Encroach,
Traffic Control
Resolution
Lj
Other:
Reautred Information
Company or Vendor Name
❑
❑
New Vendor
0
Yes
Z No
0
If Yes, Approved by Purchasing
Project Name
748 Hawbaker Demolition Planning Project
Project Number
asst -- t ! I -o Y5
Funding Source
SSDA TIF
Account No.
430 - 1050 -460 -31.06
Amount
$
Terms of Contract
Purpose /Description
Addendum related to 748 Hawbaker Demolition Planning Project
Amount of
❑
❑
Increase
Decrease
$
$
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
PO No.
Copy Original
® ❑
1����ersal �tt+er At3prQ�a1. .
Cheryl Phipps, CED
Bill Schalliol, CED
• r
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
Subject: Resolution 2892 and Addendum To Master Agency Agreement
748 Hawbaker Demolition Planning
Date: June 8, 2011
Attached to this memorandum is Resolution 2892 and Addendum To Master Agency Agreement for
the 748 Hawbaker Demolition Planning Project. Attached to the Addendum is a copy of the
professional services proposal from Christopher B. Burke Engineering, Ltd. to provide demolition
and project design services for the demolition and reuse of 748 Hawbaker Street.
On May 27'h, the Commission purchased 748 Hawbaker, located north of Menards and south of the
Mutual Bank location on Ireland and High Street, for uses consistent with the Erskine Plaza Pond
project and the Ireland and High intersection improvement project. The lot will be cleared and a
sidewalk will be constructed along the eastern edge of the property that will connect the Mendards
property and the western end of Erskine Plaza to Ireland Road. The property will also be
landbanked to be used to provide drainage relief if conditions require extra stormwater management
solutions in that western end of the project area. A map of the parcel is included with this memo.
The cost of the planning proposal with Christopher B. Burke Engineering, Ltd. Is $3,440.00.
Staff requests approval of Resolution 2892 and the Addendum To Master Agency Agreement for the
748 Hawbaker Demolition Planning Project.
What We Do Today Makes A Differencel
Resolution 2892 - 748
117.1w, 1-4w
0
Exhibit "B"
748 HAWBAKER DEMOLITION PLANNING PROJECT - SUPPLEMENT #1
See attached proposal from Christopher B. Burke Engineering, LLC. dated February 13,
2012
c
M
JOB High and Hawbaker
SHEET NO. 1 OF 1
CALCULATED BY JJD DATE
CHECKED BY DATE
Item No
Description
CtY
Unit
Unit Price
Subtotal
1
Sidewalk, Conrete, 4 in.
151
SYS
$40.00
$6,040.00
2
Trans. Mrkg., Thermo, C /W, 6 in.
70
LFT
$1.50
$105.00
3
Trans. Mrkg., Thermo, S /L, 24 in.
15
LFT
$5.00
$75.00
4
Curb, Concrete, Remove
10
LFT
$5.00
$50.00
5
Curb, Concrete
10
LFT
$ 25.00
$250.00
6
Berm
260
LFT
$30.00
$7,800.00
7
Seeding
1156
SYS
$2.00
$2,312.00
8
Sodding
125
SYS
$9.00
$1,125.00
9
Plantings
1
LS
$10,000.00
$10,000.00
10
Curb Ramp, Concrete, A
3
EA
$500.00
$1,500.00
Subtotal
$29,257.00
Cont. (10 %)
$2,925.70
Total
$32,182.70
CHRISTOPHER B. BURKE ENGINEERING, LLC
PNC Center Suite 1368 South 115 W. Washington St. Indianapolis, Indiana 46204 TEL (317) 266 -8000 FAX (317) 632 -3306
February 13, 2012
Mr. Bill Schalliol
City of South Bend
Division of Economic Development
12th Floor County -City Building
South Bend, IN 46601
Subject: High and Hawbaker Sidewalk and Landscape Project
Professional Services Proposal
Dear Mr. Schalliol:
Christopher B. Burke Engineering, LLC ( CBBEL) is pleased to provide this proposal for
professional engineering services related to the High and Hawbaker Sidewalk and
Landscape Project in the City of South Bend. The following is our understanding of the
assignment, scope of services, and estimated fee in support of the project.
UNDERSTANDING OF THE ASSIGNMENT
CBBEL understands the City is seeking design assistance in the development of quote
documents for the construction of sidewalk and landscaping on the West side of High
Street south of Hawbaker.
SCOPE OF SERVICES
Services to be provided by CBBEL for this work have been identified as follows:
Task 1 — Design Services / Quote Documents
CBBEL staff will design and prepare final quote documents for the project. All plans and
specifications will be prepared in accordance with City Standards and Specifications.
Specifications will be developed utilizing standard specifications provided by the City in
addition to CBBEL standard specifications. Applicable conflicts will be brought to City
attention.
CBBEL staff will provide an opinion of probable cost based on experience with similar
projects and cost information provided by the City.
3 Christopher B. Burke Engineering LLC City of South Bend: High & Hawbaker Sidewalk and Landscape Project
P18.110557.00000 Page 1
Task 2 — Quote Services
CBBEL will send up to five quote requests with the full quote documents to contractors
chosen by the City. CBBEL will assist the City in conducting a pre -quote conference at
the sites. CBBEL will address contractor questions and prepare and issue addenda.
Following quote opening, CBBEL will compile and certify quote tabulation sheets and
provide a contract award recommendation to the Owner. It is assumed that City staff or
representatives will coordinate the quote collection, quote opening, and the preparation
of the construction agreement.
SCHEDULE
CBBEL will complete Task 1 within thirty 30 days of the Notice to Proceed.
ESTIMATED FEE
We have estimated the total fee for these services to be $5,500.
If the value of work accomplished exceeds $5,500, CBBEL shall assess the remaining
work and shall notify you, in writing, of the revised compensation and schedule before
continuing with the services. No additional work will be performed until a written contact
amendment has been approved by both parties.
We will bill you monthly, on a time and material basis, in accordance with our attached
standard Charges for Professional Services. In addition, our contract will be established
in accordance with the attached General Terms and Conditions. These General Terms
and Conditions are expressly incorporated into and are an integral part of this contract
for professional services.
If this proposal meets with your approval, please sign where indicated and return an
executed original to us as our Notice to Proceed. The executed Proposal, along with
the Estimated Fee, the attached Standard Charges for Professional Services, and the
attached General Terms and Conditions constitute the whole of our Agreement. Any
modification to any part of this Agreement without prior acknowledgement and consent
by CBBEL will make null and void this Agreement. Any time commitment made by
CBBEL as part of the Agreement does not begin until CBBEL has received an executed
original.
MChristopher B. Burke Engineering LLC City of South Bend: High & Hawbaker Sidewalk and Landscape Project
P19.110557.00000 Page 2
We appreciate the opportunity to submit this proposal and look forward to working with
you on this project. Please contact me at the number listed above or Jason Durr at 574-
282 -8001 if you have any questions.
Sincerely,
Jon D. Stolz, P.E.
Manager, Indiana
THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR
PROFESSIONAL SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE
HIGH AND HAWBAKER SIDEWALK AND LANDSCAPE PROJECT IS ACCEPTED
BY THE CITY OF SOUTH BEND, INDIANA — DEPARTMENT OF PUBLIC WORKS
ACCEPTANCE
The above contract is accepted this day of 2012
Subject to the following conditions:
BOARD OF PUBLIC WORKS
ATTEST:
Linda M. Martin - Clerk
Enclosures: Standard Charges for Professional Services
General Terms and Conditions
3Christopher B. Burke Engineering LLC City of South Bend: High & Hawbaker Sidewalk and Landscape Project
PI9.110567.00000 Page 3
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