HomeMy WebLinkAboutNo. 3010 approving/authorizing the execution of an amendment to the addendum to the Master Agency Agreement (Nimtz Parkway Multi-Use Path, Phase 1 Engineering Supplement #1)0 RESOLUTION NO. 3010
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering Supplement #1)
2910-11,3010-12
WHEREAS, effective January 1, 2012, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2012; and
WHEREAS, effective January 3, 2012, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Nimtz Parkway Multi -Use Path, Phase I - Engineering to the Master Agency
Agreement by way of an Addendum on June 28, 2011; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement ( Nimtz Parkway Multi -Use Path, Phase 1 -
(W Engineering Supplement #1) and hereby authorizes its execution in substantially the form
attached hereto with such changes as the Commission may deem necessary or appropriate
upon the advice of counsel, said execution thereof to be conclusive evidence of the
Commission's approval of such changes. The Clerk is hereby directed to file a copy of
this Amendment to the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Commission staff members are authorized to execute on behalf of
the Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
March 13, 2012, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana
FTT1
ATTEST:
A�60 6Z
Do ald L. Alford, 49crethry
South Bend Redevelopment Commission
14
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPME
Marcia I. Jones, resident
South Bend Redevelopment Commission
• AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
( Nimtz Parkway Multi -Use Path, Phase 1 - Engineering Supplement #1)
2910-11,3010-12
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 27th day of March, 2012, by and
between the South Bend Department of Redevelopment, acting by and through its
Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a
municipal corporation duly organized and existing pursuant to the laws of the State of
Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of
the Commission designating the BPW to act as the Commission's agent to undertake the
Nimtz Parkway Multi -Use Path, Phase 1 - Engineering Supplement #1 (the "Project ").
WHEREAS, effective January 3, 2012, the Commission and the BPW entered
• into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2012; and
WHEREAS, effective January 3, 2012, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Nimtz Parkway Multi -Use Path, Phase 1 - Engineering to the Master Agency
Agreement by way of an Addendum on July 11, 2011; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
• NOW, THEREFORE, in consideration of the mutual covenants and promises
• contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW, pursuant to the
Master Agency Agreement, to act as the Commission's agent for the limited purpose of
contracting for and managing the completion of the Project, the scope of said Project
being originally described in "Exhibit A ", and now amended as described in "Exhibit B ",
attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall
control this appointment and this Addendum shall be attached to the Master Agency
Agreement.
3. Commission staff members are authorized to execute on behalf of the
Commission any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master
Agency Agreement to be effective as of the date first written above.
(Signature Page Follows)
•
N
ATTEST:
South Bend Redevelopment Commission
ATTEST:
Linda Martin, Clerk
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
Kathryn Roos, Member
Don Inks, Member
C�
Exhibit "A"
NIMTZ PARKWAY MULTI -USE PATH, PHASE 1— ENGINEERING
See attached approval from the BPW dated July 11, 2011
A r
A
1316 COUNTY -CITY BUILDING
227W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601 -1830
CITY OP SOUTH BEND STEPHEN J. LUECKE, MAYOR
BOARD OF PUBLIC WORKS
July 11, 2011
Mr. Roger Nawrot
Abonmarche Consultants
750 Lincoln Way East
South Bend, Indiana 46601
PHONE 574/ 235 -9251
FAX 574/235 -9171
RE: Professional Services Agreement — Nimtz Parkway Multi -Use Path Design
Project No. 111 -052
Dear Mr. Nawrot:
The Board of Public Works, at its meeting held on July 11, 2011, approved the above
referenced Professional Services Agreement in the amount of $38,800.00.
Enclosed is a copy of the Professional Services Agreement for your records.
If you have any questions, please contact me at (5 74) 235 -9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Bill Schalliol, CED
Patrick Henthom, Engineering
Toy Villa, Engineering
Rob Nichols, Engineering
Beth Leonard, CED
Judy Love, CED
GARY A, GII.OT, P. E. DONALD E. INKS CARL P I..ITTRELL
PRESIDENT MEMBER MEMBER
L
c.
L-41
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date June 23, 2011 Department C &ED
BPW Date July 11, 2011 Phone 235 -5842
Name Bill Schailiol
o Legal ® Attorney Name L. Meteiver
-a Controller review is required for all Contracts $5,000.00 or more
o = m Controller ® and greater than one year in length per the City Purchasing
.� m° Policy
Other Appropriate Reviewers ❑
Check the Annrnnria #P Itam Tvna 2armimorl fnr All Crrhmic n:nnn
rc.PnjurPn inrnrmnrinn
-Company or Vendor Name
Agreement
New Vendor
Contract
Yes
Proposal
I ❑ Addendum
If Yes, Approved by Purchasing
Claim
Nimtz Parkway Multi -Use Path - Engineering Project
Project Number
Bid Opening
❑
Bid Award I
❑ Req. to Advertise
I ETT-itle
Sheet
$ 38,800.00
Quote Opening
❑
Quote Award
❑
Chg Order No.
C/O & PCA No.
PCA
Ease. /Encroach.
Lj
Traffic Control
❑
Resolution
❑
Other:
rc.PnjurPn inrnrmnrinn
-Company or Vendor Name
Abonmarche
New Vendor
Is
Yes
N No
If Yes, Approved by Purchasing
Project Name
Nimtz Parkway Multi -Use Path - Engineering Project
Project Number
(Not yet assigned)
lunding Source
AEDA TIF
Account No.
324 - 1050 - 460 -31.02
Amount
$ 38,800.00
Terms of Contract
PO No.
Purpose /Description
Design service proposal for Nimtz Parkway Multi -Use Path -
Engineering Project
r�r t; at oe t -j, - -r. , )ntv
Amount of
❑
❑
Increase
Decrease
Is
1 $
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
PO No.
Copy
Original
vispersai Hner Approval
Roger Nawrot, Abonmarche
Bill Schalliol, CED; Rob Nichols, Patrick Henthorn, Toy Villa,
Engineering
IABONMARCHE
0 =
Confidence By Design
June 22, 2011
Mr. Bill Schalliol
City of South Bend
Departmenf of Economic Development
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
Engineering
Architecture
Land Surveying
Mcrir+a /waterfront
Community Planning
Landscape Architecture
Development Services
RE: Nimtz Parkway Multi -Use Path
From just east of the Blackthorn Golf Course entrance to the west side of Mayflower Road
Dear Bill,
Abonmarche Consultants is pleased to present this proposal to provide engineering services for the
project referenced above. We have developed this proposal based upon our past meeting with you.
We greatly appreciate the opportunity to submit our proposal and look forward to working with you on
this project. Our proposed scope of services is set forth in Appendix A; the associated fees in Appendix
C" B; and the proposed work schedule in Appendix C. If you have any questions or concerns, please do
not hesitate to contact our office.
If our proposal is acceptab'e, please sign and return the enclosed standard agreement to authorize us
to proceed. We thank you for this opportunity to serve the City of South Bend.
Sincerely,
Abonm sulta , c.
Ro r T. Nawrot, P & PLr S�
Senior Project Manager
F: \Proposals \City of South Bend \Nimtz Parkway Multi -Use Path \cvr Itr 06-22-11
750 Lincoln Way East 341 Airport North Office Pork 95 West Main Street 361 First Street
South Bend, IN 46601 Forl Wane, IN 46825 Benton Harbor, tv11 49022 Monistee, MI 49660
574.232.8700 260.497 8323 269.927.2295 23i.723.1198
www.abonmarche.com
503 Quaker Street
South Hoven, MI 49090
269.637.1293 sYr.
ik
B_ONM_A_R_CHE
nfidence By Design
Abonmarche Professional Services Agreement
AGREEMENT between: Abonmarche Project Number:
Client name: City of South Bend Community and Economic Development Department Date:
Client address: 227 W. Jefferson Blvd., County -City Building. Rm. 1200, South Bend, IN. 46601 Phone
Cell
Fax:
Email:
June 22, 2011
574 -235 -4852
hereinafter referred
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 Cl ent's project generally. eferred to as:
Project Nome: Nimtz Parkway Multi -Use Path
Locotion: The path will be on the south and east side of Nimiz Parkway from the entrance to Blackthorn Golf Course to the west side of
Mayflower Road.
The professional services to be provided by Abonmarche, collectively referred to as the Work Pion, are as follows:
Scope of work: Engineering and Surveying Services as outlined in Appendix "A"
Project schedule: See Appendix "C"
Special Provisions:
Abonmarche proposal /work plan, dated 6/22/11 is incorporated into this .Agreement by reference, and is limited to the services
described therein.
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
ee $) $38.800.00 (See Appendix "B ")
Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services
provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.
If, after receipt of an invoice from Abonmarche, the Client has any questions, or if there ore any discrepancies in the invoice, the Client sholl identify the issue in
writing within ten (10) days of its receipt. If no written objection is made within the ten (10) day period, on, such objection shall be deemed waived.
Abonmorche invoices are due upon receipt.
The Client has designated Mr. Bill 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 change orders, addenda, and additional services to
be performed by Abonmarche. The representative shall be the contact person for submission of all documents, invoices or communications.
Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and
that the Client is the responsible party for making payment to Abonmorche. By signing below, I ocknowleoo that I hove received and ogee to the Terms
and Conditions on Pooe 2 of this Agreement and 1 understand that the Terms and Conditions take precedence over all prior orol cnd written understandings
These Terms and Conditions con only be amended, supplemented, modified, or canceled by o 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 persorally delivered or v n e third day after being deposited
into first class certified moil, postage prepefd, return receipt requested.
Authorized Client Re resentative Authorized Abonmarche R r entative
Client. City of South Bend Board, of Public Works Signoture:
Date Signed: 'dii�� Printed Name: _Ito er T._Nawrot, PE PLS
Signatures: Title: Senior ProjectMonager —_
JULif Abonmarche Consultants, Inc.
tJUi. 1 L(z(,I - -�� Originating Office: 750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
F 574.251.4440
Date Signed. June 22, 2011 _
Revised 5.4 -11 Page 1 of 2
TERMS AND CONDITIONS Of PROFESSIONA4 SERVICES AGREEMENT
1. Agreement.. These Terms and Conditions shall be irccrporot -d by reference and
shill prevail as the basis of the Client's Agreement to Abonmorche. Any Client
document or communication in addition to or in conflict with these Terms and
Conditions shall be subordinate and subject to these prorislons.
2. E%ecution. A.bonmarche has the option to render this Agreement null and void,
1
if it is not executed within thirty (30) days of deliver).
3. Client ResponslbWffers. The Client vrT1 provide all criteria and infor atinn
concerning the requirements of the Project. The Client will assume responsibility
for interpretation of contract documents and for construction oC.en•atlon and
1
will svol.e oil cioirns against Abonmorche that may be In any wo'y, connected.
unless Abonmarche's services under this Agreement Include full -time
construction cbser ;otion cr review of contractor's performance.
4. Performance. The standard of core for services performed by or provided ty
Abonmorche ?411 be the care and skill ordinarily used by Abonmarche's
I'
pcofossion practicing under similar circumstances at the same time aril in the
some locality- ALonmorche makes no warranty, expresed or implied, with
respect to any services provided by Abonmorche. Abonmorche :kill not be
liable for any da(m, damages, cost, or expense (including attome'y's fees] c,
other liohility or loss not directly and sole, caused ty the negligent acts, errors.
or Cmls6iora of Abonmorche.
5. Hourly R111Ing Rales. It payment is on on hourly rate, Client will poi Abort arche
at the current honey billing rates. The hourly rates ore adjusted annually or as
deemed oporopriote.
18
6. Reimbursable Expenses, Relmbursabie expenses, the actual costs incurred
directly or indirectly for the Client's Project, will be charged at Abonmorche's
19
current rates. Examples of reimbuaable e: <penses include. but are not limited to:
mileage, tests and analyses, special equipment services. postage and delivery
charges, telephone and telefox chages, - copying, printing, and binding
charges, commercial ironsportatlon, meals, lodging. °•pectol fees. licenses, any
p`rmils. Subccnsultonf and outside fechnicol or professional services v:iN be
charged on the basis of the actual costs times a factor of 1.15.
20.
7. Additional Services. Additional services that may be prcvide-d pursuant to the
Agreement or any subsequent modification of the Agreement will be
authorized, ,vhvn pcssibla, by .vAlten amendment signed on behalf of the Client
and Abonmorche. Additional servk_es, performed by Abonmorche are wbiect
21,
to oil Terms and Conditons and the Client will be responsible for payment.
Should The Client, regulator; agency. a ony public b -dd; 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
varifing via a change order. but none the less, Abonmorche Is entitled to be gold
,x extra services provided whether or not l is in writing.
8. Underground Structures or Buried URRtks. The Client is responsble for
idenfiricallon and location or oil public and private buried stru_tures on the
Client's property and the Project site, such as, but not limited to, storage tanks
23.
and lines, or go:, water, sewer. electrical, phone, Cable- or any other public or
private U1Pdtie'$. It is agreed that Abonmorche 's rot responsible for accidental
damage to utilities or underground structures, .whether known. unknov,n or
improperly located. The client shall be responsible for desi-`m fees R changes ore
24.
necessary. Utility locatino or marking semlces provided by Abonmarche are not
substitutes for complying with the utility owner notification requirements or the
locating se Aces (WI systerrs) required prior to an excavation. Utilities shoran 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 lexcepf as
25.
noted). Careful excavation u required for verification of the buried utility. The
owner or customer os5umes the risk of error and the actual location of the
underground ullity. Abonmorche is no' prei:dinp any certification or guarantee
regarding the exact Iccotion Cf any underground ufilily.
9. Underground Conditions. Atonmorche shall have no responsibility for The
t
identify otion of existing or unforeseen /differirra underground conditions. The
' Contractor shall hove sole responsibility for determining the nature of
t
underground conditions and the means and methods of cleating Aith those
^G.
conditions- Abonmarche Is entitled to rely upon the information provided by
teoiechnicol consuttants and shall have no responsibility for the accuracy or
correctness of the data contained in the geotechnicd reports.
i
IO.SIW Access and Security. With the exception of oCcess rights that land surveyors
are afforded by la.v, the Client w71 provide Abonmorche access to the Project
site and the Client will be responsible for obtaining arn• necessary permision
from any affected third party property awner :. for use of their ands. The Client is
solely respor a for site iecurity.
Abonmorche, unless specifically stated otherwise in on amendment to this
Agreement. Any electronic media provided under this Agreement to the Client
are only for the con•:enience of the Client. Any conclusions or Information
obtained or dewed hem such electronic files viol be at the users sole r'r,k.
S.Ronds and Per"&. The Client -rll t,2 tosponsibie for the adoption of any site
access or right cf way bonds that ma: be initialed on their behalf. At
completion of Abonmarche's sen4ces, the Client wilt to' a responsibility and pay
any ongoing bond or permit costs for any bonded or permitted services.
6.Thkd party Invoteksg. N the Client directs Abonmorche to involr� lhkd party
paten. Atonmarche rnll do so, but the Client agrees to be ultimately
responsible fcsr Abonmorche's compensotion until the Client provides
Abonmorche vvlth the third party's w,Tlten acceptance of all terms of this
Agreement and until Abonmorche agrees to the substitution.
.Third Party Renefklarl". Nothing contained in this Agreement shall creole o
confroctual retotionsh -p with or a cause of action in fovor of o third party
against either the Client or Abonmorche. Abonmarche's services under this
Agreement ore being perforni i solely for the Client's benefit. and no other
porn; or entity shall have any doim against Abonmorche be:ause of this
Agreement or performance or nonperformance of services hereunder- The
Client and Abonmorche agree to require a similar provision in all contracts with
contractors, subcontractors• subconsultonts, cendo -s and ocher entities irraolvod
in this Project to carry out the intent of this pro: ision.
.Suspension of Services. In the event of non- poymeni by Client, Abonmorche
swill have the absolute tight to cause performance of any services.
.Co lroctor's Work: Abonmorche malt have no authority to direct or control the
Work of the Contractor or to stop the Work of the Contractor. Abonmorche shall
not be liable to cry party for the failure of the Contractor to perform the wort;
content with the Plan_ and Specifications and applicable Codes and
Regulations. Abonmorche shall have no responsibility or bn Noble for safety
procedures of the Contractor or its subcontractors.
Consequential Damages. The Client and Abonmorche walve consequential
damages for claims, disputes• or other molten In question relating to services
provided as a part of !hi: Agreement, includinn for example, but not limited to,
loss of business.
Governing LaW. This ?.greement will be deemed to have been made in St.
Joseph County, Indiana and shall be governed by and coristrued In
occordonce, vvUh the laws, of the Slate of Indana.
Venire. The parties (o) irrevocably submit to the jurisdiction of arty Indiana court
sitting in St. Joseph County, !ndiano in any action arising out of this agreement,
and (b) waive. to the Viest extent that they may effectively do so, this defense
of an inccnvenlent forum. The parties also agree that a final judgment in any
such action shall be conclusr�e and may be enforced in other jurisdictiora by
suit on the judgmem, or in any other manner provided by law,
ConsklereUors. The successors, executors, administrators, and legal
representatives of the Clk�nt and Abonmarche are hereby bound onto the
other with respect to the covenonts, Agreements, and obtipotions of this
Agreement.
Acts of God. Neither the Client nor Abonmarche "i have any lability for
nonperformance cause•] in whole or in part by causes beyond Abonmorche's
reasonable control. Such causes include, but are not limited to, Acts of Goat,
civil unrest and wor. Icbor unrest and strikes, acts of authorities, and events that
could not berecsonabl•= anticipated.
TertnMollon. Either the Crlenl or AMnmarche may terminate th Agreement by
giving ten (10) days written notice to the other party. In such an event. the
Client will pay Abonmorche In full for all services previously authorized and
performed prior to the effecttie date of the termination, plus (at the discretion
of Abonmorche) o termination charge to cover finalization of sepAces necessary
o bring ongoing services to a logical conclusion. Upon recelpf of such
payment. Abonmorche will return to the Client oil do_uments and Information
hill are the property of the Client.
Entire Agreement. This Agreement contains The entire agreement between the
parties and there nre no agreements, representations, statements, or
understandings which have been relied on by the parties which are not stated
n this Agreement.
End of Agreement.
I1.Consulfards. Abonmorche 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 sur ••eys,
gootechnicaf and environmental assessment,,. Thn Client agrees that
Abonmorche will not be responsible for, or in onv manner guarantee, the
performance or services by The Consultants. The Gent agrees that
Abonmarche •will not be liable for cnt claim, IlelbNity. or defense cost for Injury or
loss sustained ty any party allegedly cotrGd by the Cortsultonts' negligence or
w;!:ful misconduct.
12.0pinlam of Cost Any opinions of probable construcfion cost and /or total
project cost provided by Abonmorche will Lc on the basis of experience and
judgment, but these are ontt estimates. Abonmarche does not worront that ads
or ultimate construction air total project test, grill not vary frorr, such estimates.
13.0wnership of Work Product. Abonmorche will remain the owner of all or!ginol
diavdnps, report:, and other materials provided to the Client. whether in hard
copy or magnetic medla form. The Client is outhorized to use the copies
provided try Abonmorche only in connection vAth the Project. Any other use n
reuse by the Client for any purposes whatever Mil be at the Client's risk and full
legal responsibility, without Iiabirity to Abonmorche and tth; Client will defend,
indemnify, and hold Abonmorche hormfess from all caims, damages, asses.
and expenses, including attorney fees arising out of or resullinc there from.
,.Electronic Media. Copies of data, reports, drawings, specifications. and other
moieriols furnished by Abonmorche that may be relied upon b; the Client ore
limited to the printed copies (also kncwn as hard copied that are delivered to
the Client pursuont to the services under this Agreement. Computer files of text,
data. graphics. or of other types of electronic media are the sde possession of
Revised 5-4-11 Page 2 of 2
June 22, 2011
City gl'Sowh Genet
Proposal for Engineering Sen -ices
Nimh Parkwav Multi-use Path Page 1 of 3
APPENDIX "A"
Work Plan
PRQJl +_%-_:T SCOPE
The proposed project consists of the desigl and development of bid documents for the
construction of a multi -use path 8 feet in width from the entrance to Blackthorn Golf Course
to the west side of Mayflower Road over a distance of 4,400 feet. A rest area will be
developed near the golf course 15t1i tee.
This project will require field survey, roadway design and landscape design_ The topographic
survey will survey the area from the south and east curb line to the (.xisting right-of-way line in
the areas that were not surveyed previously for the Mayflower Se« er Project. Lighting for the
path will be designed to mount on the path side of the existing light poles.
SCOPE OF SERVICES
The scope of services proposed herein includes the design and development of bid documents
for the project and are further described as follows:
Task #1: Field Surrey
(a) Obtain recorded plats, deeds of all adjacent properties, and section line documentation;
(b) Obtain utility maps for all of the utilities in the existing right of way;
(c) Establish the existing right of ways and set construction control lines. Witness survey
horizontal control points;
(d) Run benchmark levels circuit setting temporary benchmarks no further than 500 feet
apart.,
(e) Obtain location of existing manholes, storm water inlets and rater valves. Detail
measure existing manholes to get inverts and sewer sizes;
(f) Locate existing utilities that are in the right of ways;
(g) Obtain topographic data;
(li) Plot the topographic survey and develop existing contours.
Task #2: math. Design
(a) Prepare plan and profile sheets from the topographic survey;
(b) Develop proposed typical sections;
(c) Design proposed grades and geometrics;
(d) Plot existing and proposed cross sections in all areas at intervals of 50 feet;
(e) Design the rest area;
(f) Prepare preliminary estimate of probable construction costs;
48 (g) Prepare maintenance of traffic plan and construction staging sequences;
Engineers Planners Architects Surveyors
•
June 2 2. 2011
City gl'South Bend
Proposal, for Engineering Services
Ninil_ Parkway Multi -use Path Page 2or3
(h) Submit preliminary field check plans to the City;
(i) Attend field check meeting with the City;
(j) Revise the preliminary plans from the preliminary field check meeting;
(k) Finalize landscape and intersection details;
(1) Prepare a sign plan and sign summary;
(m) Develop erosion control plans and permit;
(n) Calculate project quantities including earthwork using the cross sections;
(o) Prepare the project special provisions and specifications;
(p) Final design of path lighting plan;
(q) Submit the final plans and special provisions for the City;
(r) Revise the final plans and special provisions per the City review;
(s) Revise the cost estimate;
(t) Revise the special provisions;
(u) Submit the tracings and special provisions to the City for biddiM )
A Geotechnical Investigation will be provided by the City if necessary. Any right -of-
way engineering services will be an additional service.
Task 43: Bid Period
(a) Attend the pre -bid meeting;
(b) Answer bidding questions;
(c) Prepare necessary addendums to the contract bid documents;
(d) Attend bid opening and the tabulate bids.
Task #4: Construction Period
(a) Attend pre - construction conference;
(b) Answer City, Contractor, and public questions from the field;
(c) Review shop drawings and check construction compliance in accordance with the
contract document;
(d) Attend field progress meetings as required by the City.
Engineers Planners Architects S U f VeV0rs
is
Jane 22, 2011
City o, f South Bend
Proposal far Engineering Sei-vices
Ninuz Parkway Alulti -use Path Page 3of 3
APPENDIX "B"
SUMMARY OF FEES
Identified below are the estimated costs based upon the "Scope of Services" in Appendix "A ".
Abonmarche will invoice the City on a monthly basis for the percentage completed for the
lump suns tasks to an amount of $38,800.00. The following are the fees for the various tasks:
Task #1 Field Survey ......................
..................$7,900.00
Task #2 Path Design ...................................... ............................... 5,6
.$2 $25,600.00
Task# #3 Bid Period .......................................... ............................... ......................$2,800.00
Task #4 Construction Period ........ ............................... ......................$2,500.00
Total Amount:
APPENDIX "C"
ANTICIPATED SCHEDULE
Completion Time
$38,800.00
Task #1 Field Survev Within 14 days from the Notice to
Proceed Weather Permitting
Task #2 Path Design Within 45 days from the Notice to
Proceed
Task #2 is exclusive of City review tune.
Engineers Planners Architects Surveyors
14
if "ken the prospective COlttractor is enable to certify to any of the statements heloto, it shall attach an explanation to this Affidavit.
NON - COLLUSION, NON- DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY
VERIFICATION AND NON - DISCRIMINATION COMMITIN'LENT
STATE/ OF INDIANA }
151. JDS COUNTY } SS:
The undersigned Contractor, being duly sworn upon his/her /its oath, affirms under the
penalties of perjury that:
1. Contractor has not, nor has any other member, representative; or agent of the firm,
company, corporation or partnership represented by him, entered into any combination,
collusion or agreement with any person relative to the price to be bid by anyone at such
letting nor to prevent any person from bidding nor to include anyone to refrain from
bidding, and that this bid is made without reference to any other bid and without any
agreement, understanding or combination with any other person in reference to such
bidding. Contractor further says that no person or persons, fimas, or corporation has, have
or will receive directly or indirectly, any rebate, fee, gift, commission or thing of value
on account of such sale; and
IL2.. Neither Contractor nor any of its rese are rinci als
p p Presently debarred, suspended,
proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this transaction by any Federal department or agency; and
3. Contractor does not knowingly employ or contract Mth an unauthorized alien, nor
retain any employee or contract with a person that the Contractor subsequently learns is
an unauthorized alien. Contractor agrees that he /she /it shall enroll in and verify the work
eligibility status of all of Contractor's newly hired employees through the E - "- Verify
Program as defined by I.C. 22- 5- 1.7 -3. Contractor's documentation of enrollment and
participation in the E- Verify Program is included and attached as part of this bid /quote;
and
4. Contractor shall require his/her /its subcontractors performing work under this
public contract to certify that the subcontractors do not knowingly employ or contract
with an unauthorized alien, nor retain any employee or contract with a person that the
subcontractor subsequently learns is an unauthorized alien, and that the subcontractor has
enrolled in and is participating in the E- Verify Program, The Contractor agrees to
maintain this certification throughout the term of the contract with the City. of South
Bend, and understands that the City may terminate the contract for default if the
Contractor fails to cure a breach of this provision no later than thirty (30) days after being
notified by the City; and
F- Non - Collusion Non- Debarment davit Revised June 2011.doc
(WI
5. Contractor shall not discriminate against any employee or applicant for
employment in the performance of this contract with privileges of employment, or any
matter directly or indirectly related to employment, because of race, religion, color, sex,
handicap, national origin or ancestry. Breach of this provision may be regarded as a
material breach of the contract.
Dated this day of 20//
�l�D/'1MC1'0'G6rla Crari�y /�it<r%�r rr1G
Contract Midder (Fir )
1 ture of Contractor /Bidder or Its Agent
Printed Name and Title
Subscribed and sworn to before me this 57-14 day of JUL.y , 20 If
My Commission Expires 12 - D 4 - 2014
CNotayy Public
County of Residence ST. J o SE P14
=L.MUELLER LLER IJC IANAcember 4, 2014
" r- Non - Collusion Non- Debarmcnt Affidavit—Revised June 2011.doc
•
Exhibit "B"
NIMTZ PARKWAY MULTI -USE PATH, PHASE 1— ENGINEERING
SUPPLEMENT #1
See attached proposal from Abonmarche dated February 27, 2012
= ABO_NMARCHE
Confidence By Design
February 27, 2011
City of South Bend
Department of Economic Development
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
ATTENTION: Mr. Bill Schalliol,
Project Manager
RE: NIMTZ PARKWAY MULTI -USE PATH
City Project No. 110 -052
Abonmarche Project No. 11 -0480
Dear Bill:
Engineering
Architecture
Land Surveying
Marina /Waterfront
Community Planning
Landscape Architecture
Development Services
(W Enclosed are two copies of Professional Services Agreement Amendment No. 1 for the above
referenced project. This amendment increased the agreement amount by $6,400.00 for the
additional design work necessary for the independent path lighting system, the upgrading of
the electrical service points, the additional rest area and the block retaining walls. Please
return one copy to us after the Board of Public Works has approved the amendment.
We appreciate your consideration of our request. If you have any questions, please do not
hesitate to contact our office.
Sincerely,
Abon Consult nts, Inc.
Roger T. Nawrot, PE & RLS,
Senior Project Manager
C)50 Lincoln Way East
South Bend, IN 46601
574.232.8700
341 Airport North Office Park 95 West Main Street
Fort Wayne, IN 46825 Benton Harbor, MI 49022
260.497.8823 269.927 2295
www.abonmarche.com
361 First Street
Manistee, Mi 49660
231, 723.1 198
503 Quaker Street
South Haven, Mi 49090
269.637.1293
0
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
This Amendment to our Agreement entered into July 11, 2011, between the City of South
Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultants,
Inc. referred to as "ABONMARCHE ".
Amend Agreement
Change:
A NOT -TO- EXCEED FEE OF: $ 38,800.00 to $45,200.00 AS SHOWN IN APPENDIX B
Amend Appendix "A"
Change to:
PROJECT SCOPE
The proposed project consists of the design and development of bid documents for
the construction of a multi -use path 8 feet in width from the entrance to Blackthorn
Golf Course to the west side of MGyfleweF ReGd Moreau Court over a distance of
4,400 feet. A r
�� eG Rest areas will be developed near the golf course 15th tee and
18th green.
This project will require field survey, roadway design and landscape design. The
topographic survey will survey the areas from the south and east curb line to the
existing right -of -way line in the areas not surveyed previously for the Mayflower Sewer
Project. Lighting for the path will be designed
exisfiRg light poles as an independent system with new poles and separate wiring from
the existing Nimtz Parking street lighting system. The new path wiring will require the
existing lighting service points to be upgraded to handle the additional electrical
load. To limit impacts to adjacent property modular block retaining walls will be
designed in two locations.
Amend Appendix "B"
Change To:
The Total Lump Sum Amount of $38,800.00 to $45,200.00.
Task #2 - Path Design - $25,600.00 to $32,000.00.
Change:
Total of $ 38,800.00 to $ 45,200.00.
(All other terms and conditions of the Agreement remain in effect.
F: \Projects \2011 Projects \11 - 0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet 1 of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
' NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
Abonmarch.%Consultants, Inc.
Rover T. Nawrot, PE & PLS
Senior Project Manager
Date Signed: February 27, 2012
L41
City of South Bend,
Board of Public Works
Date Signed:
F: \Projects \2011 Projects \11 - 0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet 2 of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
This Amendment to our Agreement entered into July 11, 2011, between the City of South
Bend, Indiana, Board of Public Works, referred to as "CLIENT" and Abonmarche Consultants,
Inc. referred to as "ABONMARCHE ".
Amend Agreement
Change:
A NOT -TO- EXCEED FEE OF: $ 38,800.00 to $45,200.00 AS SHOWN IN APPENDIX B
Amend Appendix "A"
Change to:
PROJECT SCOPE
The proposed project consists of the design and development of bid documents for
the construction of a multi -use path 8 feet in width from the entrance to Blackthorn
Golf Course to the west side of ed Moreau Court over a distance of
4,400 feet. A rest eG Rest areas will be developed near the golf course 151h tee and
18th green.
This project will require field survey, roadway design and landscape design. The
topographic survey will survey the areas from the south and east curb line to the
existing right -of -way line in the areas not surveyed previously for the Mayflower Sewer
Project. Lighting for the path will be designed toF URf GR the path side -Gf the
existiRg sigh+ poles as an independent system with new poles and separate wiring from
the existing Nimtz Parking street lighting system. The new path wiring will require the
existing lighting service points to be upgraded to handle the additional electrical
load. To limit impacts to adjacent property modular block retaining walls will be
designed in two locations.
Amend Appendix "B"
Change To:
The Total Lump Sum Amount of $38,800.00 to $45,200.00.
Task #2 - Path Design - $25,600.00 to $32,000.00.
Change:
Total of $ 38,800.00 to $ 45,200.00.
"Ov All other terms and conditions of the Agreement remain in effect.
F: \Projects \2011 Projects \11 - 0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet I of 2
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1
(W NIMTZ PARKWAY MULTI -USE PATH
CITY PROJECT NO. 111 -052
Abonmarche Consulta ts, Inc.
o T. Nawrot, PE & PLS
Senior Project Manager
Date Signed: February 27, 2012
c.
11
City of South Bend,
Board of Public Works
Date Signed:
F: \Projects \2011 Projects\11 -0480 \CORR - MEMO \amend 1 agrmnt 2- 27- 12.doc
Sheet 2 of 2