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Community & Economic Development
IKS
1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021
To: Redevelopment Commission
From: David Relos, Economic Development Planner Q)V_ Subject: Professional Services Agreement — Abonmarche Troeger site ROW legal descriptions
Date: June 14, 2012
The attached Professional Services Agreement is a proposal from Abonmarche to prepare
legal descriptions on two pieces of right of way that are needed for completion of the Niles
Avenue sewer separation project. These legal descriptions effect small slivers of the
Troeger site, which will be developed into 10 townhomes with river views.
The two pieces of right of way are:
• At the bend of Niles Ave near Jefferson, an easement is needed to allow an electrical
line that connects to the hydropower generator near the start of the East Race.
• South of this point, there is excess right of way that could be incorporated into the
larger tracts of land that make up the development at this site.
This proposal will:
• Prepare legal descriptions of both areas.
• Prepare right of way vacation application and meeting representation.
Costs associated with this proposal are $1,200 for right of way legal description preparation,
and $1,950 for the vacation application and meeting representation, for a total of $3,150.
Staff requests approval of this Professional Services Agreement in the amount of $3,150.
What We Do Today Makes A Difference!
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. JUN -" 7011 Abonmarche Professional Services Agreement
ABONMARCHE
Confidence By Design
AGREEMENT between: Abonmarche Project Number:
Client name: City of South Bend Redevelopment Commission Date:
June 7, 2012
Client address: 227 W. Jefferson Blvd., County -City Building, Rm. 1200, South Bend IN. 46601 Phone: 574 -235 -5836
Cell:
Fax: 574 - 235 -9021 Email: drelos @southbendin
to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmarche, of 750 Lincoln Way East, South Bend, IN 46601.
The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Project Name: Niles Avenue right -of -way description and partial street vacation
Location: On the east side of Niles Avenue between Jefferson Blvd. and Washington St.
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
Scope of work: A. Right -of -way description and land plat for the East Bank Phase 3 sewer and streetscape project
hereinafter referred
B. Partial Street vacation description, land plat, vacation application and attend Council Committee and Regulars meetings
Project schedule: Within 30 days.
Special Provisions: The City to provide the legal description of the property or a 20 year title search of the property.
Abonmarche proposal /work plan, dated
described therein.
is incorporated into this Agreement by reference, and is limited to the services
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
(fee $) A. Right -of -Way description & land plat-$1,200.00. B. Partial Street vacation description land plat application and meetings-$1,950.00
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, any such objection shall be deemed waived.
Abonmarche invoices are due upon receipt.
The Client has designated Mr. David Relos as its Representative. The Representative shall have the authority to
execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to
be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications.
Authorization to Proceed and Guarantee of Payment By signing this Agreement the Client authorizes Abonmarche to provide services described above, and
that the Client is the responsible party for making payment to Abonmarche. By signing below, I acknowledge that I have received and agree to the Terms
and Conditions on Page 2 of this Agreement, and I understand that the Terms and Conditions take precedence over all prior oral and written understandinas
These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other
communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited
into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Representative
Authorized Abonmarche Re r ent e
Client: City of South Bend Redevelopment Commission
Signature: zve�77100�*���—
Date Signed:
Printed Name: o er T. awrot, PE & PLS
Signatures:
Title: Senior Project Manager
Abonmarche Consultants, Inc.
Originating Office: 750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
F 574.251.4440
Date Signed: June 7, 2012
Revised 5-4-11 Page 1 of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
1. Agreement. These Terms and Conditions shall be incorporated by reference and
shall prevail as the basis of the Client's Agreement to Abonmarche. Any Client
document or communication in addition to or in conflict with these Terms and
Conditions shall be subordinate and subject to these provisions.
2. Execution. Abonmarche has the option to render this Agreement null and void,
if it is not executed within thirty (30) days of delivery.
3. Client ResponsibRlties. The Client will provide all criteria and information
concerning the requirements of the Project. The Client will assume responsibility
for interpretation of contract documents and for construction observation and 1
will waive all claims against Abonmarche that may be in any way connected,
unless Abonmarche's services under this Agreement include full -time
construction observation or review of contractor's performance.
4. Performance. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmarche's 1
profession practicing under similar circumstances at the same time and in the
some locality. Abonmarche makes no warranty, expressed or implied, with
respect to any services provided by Abonmarche. Abonmarche will not be
liable for any claim, damages, cost, or expense (including attorney's fees) or
other liability or loss not directly and solely caused by the negligent acts, errors,
or omissions of Abonmarche.
5. Hourly Billing Rates. If payment is on an hourly rate, Client will pay Abonmarche
at the current hourly billing rates. The hourly rates are adjusted annually or as
deemed appropriate. 1
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or indirectly for the Client's Project, will be charged at Abonmarche's 1
current rates. Examples of reimbursable expenses include, but are not limited to:
mileage, tests and analyses, special equipment services, postage and delivery
charges, telephone and telefax charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permits. Subconsultant and outside technical or professional services will be
charged on the basis of the actual costs times a factor of 1.15. 20
7. Additional Services. Additional services that may be provided pursuant to the
Agreement or any subsequent modification of the Agreement will be
authorized, when possible, by written amendment signed on behalf of the Client
and Abonmarche. Additional services, performed by Abonmarche are subject 21
to all Terms and Conditions and the Client will be responsible for payment.
Should the Client, regulatory agency, or any public body or inspector direct
modification or addition to services covered by this Agreement, the cost will be 22
added to the agreed price. Requests for extra services should be made in
writing via a change order, but none the less, Abonmarche is entitled to be paid
for extra services provided whether or not it is in writing.
8. Underground Structures or burled 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 23
and lines, or gas, water, sewer, electrical, phone, cable, or any other public or
private utilities. It is agreed that Abonmarche is not responsible for accidental
damage to utilities or underground structures, whether known, unknown or
improperly located. The client shall be responsible for design fees if changes are 24
necessary. Utility locating or marking services provided by Abonmarche are not
substitutes for complying with the utility owner notification requirements or the
locating services (811 systems) required prior to an excavation. Utilities shown as
located by ground penetrating radar are approximate only. No excavation
took place to verify the positions shown or to verify the type of utility (except as 25
noted). Careful excavation is required for verification of the buried utility. The
owner or customer assumes the risk of error and the actual location of the
underground utility. Abonmarche is not providing any certification or guarantee
regarding the exact location of any underground utility.
9. Underground Conditions. Abonmarche shall have no responsibility for the
identification of existing or unforeseen /differing underground conditions. The
Contractor shall have sole responsibility for determining the nature of
underground conditions and the means and methods of dealing with those 26
conditions. Abonmarche is entitled to rely upon the information provided by
geotechnical consultants and shall have no responsibility for the accuracy or
correctness of the data contained in the geotechnical reports.
1 O.Site Access and Security. With the exception of access rights that land surveyors
are afforded by law, the Client will provide Abonmarche access to the Project
site and the Client will be responsible for obtaining any necessary permission
from any affected third party property owners for use of their lands. The Client is
solely responsible for site security.
Abonmarche, unless specifically stated otherwise in an amendment to this
Agreement. Any electronic media provided under this Agreement to the Client
are only for the convenience of the Client. Any conclusions or information
obtained or derived from such electronic files will be at the user's sole risk.
S. Bonds and Permits. The Client will be responsible for the adoption of any site
access or right of way bonds that may be initiated on their behalf. At
completion of Abonmarche's services, the Client will take responsibility and pay
any ongoing bond or permit costs for any bonded or permitted services.
6.Third party Invoicing. If the Client directs Abonmarche to invoice third party
payers, Abonmarche will do so, but the Client agrees to be ultimately
responsible for Abonmarche's compensation until the Client provides
Abonmarche with the third party's written acceptance of all terms of this
Agreement and until Abonmarche agrees to the substitution.
7.Thlyd Party Beneficiaries. Nothing contained in this Agreement shall create a
contractual relationship with or a cause of action in favor of a third party
against either the Client or Abonmarche. Abonmarche's services under this
Agreement are being performed solely for the Client's benefit, and no other
party or entity shall have any claim against Abonmarche because of this
Agreement or performance or nonperformance of services hereunder. The
Client and Abonmarche agree to require a similar provision in all contracts with
contractors, subcontractors, subconsultants, vendors and other entities involved
in this Project to carry out the intent of this provision.
B.Suspension of Services. In the event of non - payment by Client, Abonmarche
will have the absolute right to cease performance of any services.
9.Contractor'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 any party for the failure of the Contractor to perform the Work
consistent with the Plans and Specifications and applicable Codes and
Regulations. Abonmarche shall have no responsibility or be liable for safety
procedures of the Contractor or its subcontractors.
.Consequential Damages. The Client and Abonmarche waive consequential
damages for claims, disputes, or other matters in question relating to services
provided as a part of this Agreement, including for example, but not limited to,
loss of business.
.Governing Law. This Agreement will be deemed to have been made in St.
Joseph County, Indiana and shall be governed by and construed in
accordance with the laws of the State of Indiana.
.Venue. The parties (a) irrevocably submit to the jurisdiction of any Indiana court
sitting in St. Joseph County, Indiana in any action arising out of this agreement,
and (b) waive, to the fullest extent that they may effectively do so, the defense
of an inconvenient forum. The parties also agree that a final judgment in any
such action shall be conclusive and may be enforced in other jurisdictions by
suit on the judgment, or in any other manner provided by law.
Considerations. The successors, executors, administrators, and legal
representatives of the Client and Abonmarche are hereby bound onto the
other with respect to the covenants, Agreements, and obligations of this
Agreement.
.Acts of God. Neither the Client nor Abonmarche will have any liability for
nonperformance caused in whole or in part by causes beyond Abonmarche's
reasonable control. Such causes include, but are not limited to, Acts of God,
civil unrest and war, labor unrest and strikes, acts of authorities, and events that
could not be reasonably anticipated.
.Termination. Either the Client or Abonmarche may terminate this Agreement by
giving ten (10) days written notice to the other party. In such an event, the
Client will pay Abonmarche in full for all services previously authorized and
performed prior to the effective date of the termination, plus (at the discretion
of Abonmarche) a termination charge to cover finalization of services necessary
to bring ongoing services to a logical conclusion. Upon receipt of such
payment, Abonmarche will return to the Client all documents and information
that are the property of the Client.
.Entire Agreement. This Agreement contains the entire agreement between the
parties and there are no agreements, representations, statements, or
understandings which have been relied on by the parties which are not stated
in this Agreement.
End of Agreement.
11.Consultants. Abonmarche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Department 5/4/11
to perform services which are typically the Client's responsibility, such as surveys,
geotechnical and environmental assessments. The Client agrees that
Abonmarche will not be responsible for, or in any manner guarantee, the
performance of services by the Consultants. The Client agrees that
Abonmarche will not be liable for any claim, liability, or defense cost for injury or
loss sustained by any party allegedly caused by the Consultants' negligence or
willful misconduct.
12.0pinions of Cost. Any opinions of probable construction cost and /or total
project cost provided by Abonmarche will be on the basis of experience and
judgment, but these are only estimates. Abonmarche does not warrant that bids
or ultimate construction or total project costs will not vary from such estimates.
13.Ownership of Work Product. Abonmarche will remain the owner of all original
drawings, reports, and other materials provided to the Client, whether in hard
copy or magnetic media form. The Client is authorized to use the copies
provided by Abonmarche only in connection with the Project. Any other use or
reuse by the Client for any purposes whatever will be at the Client's risk and full
legal responsibility, without liability to Abonmarche and the Client will defend,
indemnify, and hold Abonmarche harmless from all claims, damages, losses,
and expenses, including attorney fees arising out of or resulting there from.
14.Electronic Media. Copies of data, reports, drawings, specifications, and other
materials furnished by Abonmarche that may be relied upon by the Client are
limited to the printed copies (also known as hard copies) that are delivered to
the Client pursuant to the services under this Agreement. Computer files of text,
data, graphics, or of other types of electronic media are the sole possession of
Revised 5 -4 -11 Page 2 of 2
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