HomeMy WebLinkAboutNo. 3011 approving/authorizing the execution of an addendum to the master agency agreement (Mayflower Road Planning Study)iRESOLUTION NO. 3011
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Mayflower Road Planning Study)
3011 -12
WHEREAS, effective January 3, 2012, the South Bend Department of
Redevelopment, acting by and through its Redevelopment Commission (the
"Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a
Master Agency Agreement which authorized the BPW to act as agent for and on behalf
of the Commission for certain projects during 2012; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Mayflower Road Planning Study to the Master Agency Agreement by way of
. this Addendum.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Addendum to Master
Agency Agreement (Mayflower Road Planning Study) and hereby authorizes its
execution in substantially the form attached hereto with such changes as the Commission
may deem necessary or appropriate upon the advice of counsel, said execution thereof to
be conclusive evidence of the Commission's approval of such changes. The Clerk is
hereby directed to file a copy of the Addendum with the BPW.
Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
Section 3. Commission staff members are authorized to execute on behalf of
the Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
April 10, 2012, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
Marcia I. Jones, ident
South Bend Redevelopment Commission
ATTEST:
`�..- South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Mayflower Road Planning Study)
3011 -12
This Addendum to Master Agency Agreement (this "Addendum "), made and
entered into as of the 24th day of April, 2012, by and between the South Bend
Department of Redevelopment, acting by and through its Redevelopment Commission
(the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly
organized and existing pursuant to the laws of the State of Indiana, acting by and through
its Board of Public Works (the "BPW ") for purposes of the Commission designating the
BPW to act as the Commission's agent to undertake the Mayflower Road Planning Study
(the "Project ").
(W WHEREAS, effective January 3, 2012, the Commission and the BPW entered
into a Master Agency Agreement which authorized the BPW to act as agent for and on
behalf of the Commission for certain projects during 2012; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires
to add the Mayflower Road Planning Study to the Master Agency Agreement by way of
this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants and promises
contained herein, and for other good and valuable consideration, the receipt of which is
hereby acknowledged, the BPW and the Commission agree as follows:
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 morespecifically described in "Exhibit A" attached hereto and made a part hereof.
(W 2. All of the terms and conditions of the Master Agency Agreement shall
A
26--.1
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.
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
0
Exhibit "A"
Mayflower Road Planning Study
See attached proposal from Abonmarche dated March 7, 2012
•
AB N
MARCHE
0 � 4
Confidence By Design
March 7, 2012
City of South Bend
Redevelopment Commission
County -City Building, Room 1200
227 West Jefferson Blvd.
South Bend, IN 46601
ATTENTION: Mr. Bill Schalliol,
Project Manager
RE: MAYFLOWER ROAD PLANNING STUDY
Proposal for Professional Services
Dear Bill:
Engineering
Architecture
Land Surveying
Marina/ Waterfront
Community Planning
Landscape Architecture
Development Services
Abonmarche Consultants is pleased to present this proposal to provide engineering services
for the project referenced above. We have developed this proposal based upon our past
meetings and discussions.
We greatly appreciate the opportunity to submit our proposal and look forward to working
with you on this project. Our scope of services and proposed work schedule are set forth in
Appendix A, along with the associated fees in Appendix B and schedule in Appendix C.
If our proposal is acceptable please sign and return the enclosed standard agreement to
authorize us to proceed. We thank you for this opportunity to serve the City of South Bend. If
you have any questions or concerns, please do not hesitate to contact our office.
Sincerely,
Abonmarche Consultants, Inc.
ohn W. Linn, PE,
Principal /Chairman of the Board
750 Lincoln Way East 341 Airport North Office Park 95 West Main Street
South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022
574.232.8700 260.497.8823 269.927.2295
www.abonmarcho.com
361 First Street
Manistee, MI 49660
231.723.1198
503 Quaker Street
South Haven, MI 49090
269.637 1293
L
14
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
APPENDIX "A"
WORK PLAN
PROJECT UNDERSTANDING
4
PROJECT APPROACH
Page 1
The project concept consists of
extending Mayflower Road from
Cleveland Road to Nimtz Parkway,
including a new bridge over the
Indiana Toll Road (1- 80/90). The
benefit of the concept is to
provide enhanced connectivity
between the Blackthorn Office
Park and retail /commercial
properties along Cleveland Road;
benefiting both business areas.
This interconnect /access also
opens the door to additional
development potential and
market interest. This development
will likely consist of a mixture of
uses including hotel, retail,
restaurant, office and other similar
commercial and office uses.
PROJECT PLANNING STUDY (Abonmarche Scope of Services)
TASK #1 EXISTING CONDITIONS / BASE MAPS
This task consists of gathering the needed record data of existing features within the
study area. This includes obtaining city GIS maps and aerial photographs, utility
information, roadway configurations, etc. This also includes the preparation of base
maps for use in the study.
Engineers Architects Planners
Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
TASK #2 PRELIMINARY TRANSPORTATION ANALYSIS
Page 2
This task will consist of the study of the impacts to traffic patterns in the region as a result
of the Mayflower interconnect concept. We will assess mobility in, around, and through
the study area, including opportunities for restricted access for the ITR. This will include
several meetings with the City and the ITR Concession Company. This is not a detailed
Traffic Impact Study, which may or may not be required as part of final project
approvals.
TASK #3 CONCEPTUAL ROADWAY /BRIDGE DESIGN
This task will include the development of a conceptual design of the roadway and
bridge structure, including a detailed review of the geometric requirements of all the
road /highway components. This will also include a preliminary bridge structure size and
type selection.
TASK #4 LAND USE CONCEPTS
This task will include the development of schematic land use concepts, based upon the
conceptual roadway design, to assist with the analysis of potential benefits of the
implementing the interconnect concept.
Stakeholder Meetings / Consensus Building
Keys to the formulation of useful schematic designs are the discussions between the
City and key stakeholders. Key stakeholders include land owners in the study area, the
City, the ITR Concession Company, etc. We will meet with these stakeholders to gather
input and feedback.
Additional meetings may be held as needed and /or as identified by client, not
included in this proposal.
TASK #5 PROJECT COSTS ANALYSIS
This task will consist of the preparation of estimate total project costs to implement the
interconnect concept.
TASK #6 IMPLEMENTATION PROCESS AND SCHEDULE
This task will consist of the preparation of an outline of the approval process and
timeline to implement the interconnect concept. We will also prepare a report which
will include all of the findings and results of this study.
Engineers Architects Planners Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
APPENDIX "B"
SCHEDULE OF FEES
Proiect Planning Study ................... ...............................
Task # 1 Existing Conditions /Base Maps
Task #2 Preliminary Transportation Analysis
Task #3 Conceptual Roadway /Bridge Design
Task #4 Land Use Concepts
Task #5 Project Cost Analysis
Task #6 Implementation Process and Schedule
TOTAL:
Engineers Architects Planners
Page 3
... $12,900
$12,900
Surveyors
March 7, 2012
Proposal for Planning Study
Mayflower Connector Bridge
South Bend, Indiana
APPENDIX "C"
SCHEDULE
Feasibility Study Phase
Task #1 Existing Conditions /Base Maps
Task #2 Preliminary Transportation Analysis
Task #3 Conceptual Roadway /Bridge Design
Task #4 Land Use Concepts
Task #5 Project Cost Analysis
Task #6
Implementation Process and Schedule
Engineers Architects Planners
Anticil
Comr-
March 16
March 23
March 30
April 6
April 6
April 13
Surveyors
r= 0
NARC_HE E
Confidence By Design
Abonmarche Professional Services Agreement
AGREEMENT between:
Client Name: CITY of SOUTH BEND, REDEVELOPEMENT COMMISSION
Abonmarche Project Number:
Date: 03/07/12
Client Address: COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone: 574- 235 -5834
SOUTH BEND, IN 46601
Cell: Fax: 574 - 235 -9021 Email: hereinafter referred
to as the Client, and Abonmarche 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 os:
Project Name: MAYFLOWER ROAD PLANNING STUDY
Location: MAYFLOWER ROAD FROM CLEVELAND ROAD TO NIMTZ PARKWAY
SOUTH BEND, INDIANA
The professional services to be provided by Abonmorche, collectively referred to as the Work Plan, are as follows:
Scope of work: DESCRIBED IN APPENDIX A
Project schedule: OUTLINED IN APPENDIX
Special Provisions: NONE
Abonmarche proposal /work plan, doled March 7, 2012 is incorporated into this Agreement by reference, and is limited to the services
described therein. The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
fee as detailed in APPENDIX B: $ 12,900.00 AS DETAILED IN APPENDIX B
Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services
C tbovided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.
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
iting 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.
onmorche invoices ore due upon receipt.
The Client has designoted Mr. BILL SCHALLIOL as its Representative. The Representative shall have the authority to
-" ����, � - -'!d -w ti,„ - ,v, u ... ur a irwFeiu, ano for me oPprovai or on change orders, addenda, and additional services to
be perforr*ed by Abonmarche. The representative shall be the contact person for submission of all documents. invoices or rnmmunirntinnc
Aulttorhration 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. 8v sianino below. f acknowledge that I hnv. rpcP vPr� nn�r , ,,ee • ere r
These Tema and Conditions con 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 otter being deposited
into first class certified mail, postage prepoid, return receipt requested. _
CITY OF SOUTH BEND
Client: REDEVELOPMENT COMMISSION
Signature: --
Printed Name:
Title: -- _
ATTEST:
Signature:
_ Printed Name:
Title:
Originating
Office
Address:
BOARD of PUBLIC WORKS f
Signature:
i
Signature:
Signature:
Signed: j Date Signed:
05 -19 -11
HN W. LINN, PE
PRESIDENT / CEO
ABONMARCHE CONSULTANTS, INC.
750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
F 574.251.4440
March 7, 2012
COSB reviewed 05-04-11
Page 1 of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
1. Agreement. These Terms and Conditions shall be incorporated by reference and
shall prevail as the basis of the Client's Agreement to Abonmarche. Any Client
document or communication in addition to or in conflict with these Tema and
Conditions shall be subordinate and subject to these provisions.
2. Execution. Abonmorche has the option to render this Agreement null and void, 1
1
If It is not executed within thirty (30) days of delivery.
3. CMO RespongMes. The Client will provide ok criteria and information
concerning the requirements of the Project. The Client will assume responsibility
for interpretation of contract documents and for construction observation and 1
1
will waive all claims against Abonmarche that may be In any way connected.
unless Abonmorche's services under this Agreement include full -time
construction observation or review of contractor's perfomance.
A. Pedosmasee. The standard of care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmarche's 1
17
profession practicing under similar circumstances at the same lime 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 Abonmorche.
5. Hourly Ming Rates. If payment h on on hourly rate, Client will pay Abonmarche
at the current hourly billing rates. The nouns rates are adjusted annually or as
deemed appropriate. 1
18-
6. Refmbursali ExpeMes, Reimbursable expenses, the actual costs Incurred
directly or indirectly for the Client's Project, will be charged at Abonmarche's 1
19.
current rates. Examples of reimbursable expenses include, but ore not limited to:
mileage, tests and analyses, special equipment services, postage and delivery
charges, telephone and telefox charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permits, Subconsultont and outside technical or professional services will be
charged on the basis of the actual costs times a factor of 1.15. 2
20,
7 Additional Services. Additional services that may be provided pursuant to the
Agreement 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 Abonmorche ore subject 2
21.
to all Terms and Conditions and the Client will be responsible for payment.
Should the Client, regulatory agency. or any public body or inspector direct
modification or addition to services covered by this Agreement, the cost will be 2
22,
added to the agreed price. Requests for extra services should be made in
writing via a change order, but none the less, Abonmarche h entitled to be paid
for extra services provided whether or not It is in writing.
8. Underground Struetrues a Ruled Utilities. The Client is responsible for
Identification and location of all pubic and private burled structures on the
Client's property and the Project site, such as, but not limited to, storage tanks 2
23.
and lines, or gas, water, sewer, electrical, phone, cable, or any other public or r
r
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 it changes are 2
24.
necessary. Utility locating or marking services provided by Abonmorche are not
substitutes for complying with the utility owner notification requirements or the r
r
locating services (81 1 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 2
25. T
noled). Careful excavation is required for verification of the buried utility. The
owner or customer assumes the risk or error and the actual location of the
underground utility. Abonmorche is not providing any certification or guarantee
regarding the exact location of any underground utility.
9. Underground Conditions. Abonmorche shall have no responsibility for the I
I
Identification of exiling or unforeseen /differing underground conditions. The
Contractor shall have sole responsibility for determining the nature of t
t
underground conditions and the means and methods of dealing with those 2
26.
conditions. Abonmorche is entitled to rely upon the Information provided by
geotechnical consultants and shall have no responsibility for the accuracy or u
u
correctness of the data contained in the geotechnical reports. i
in
IO.SHo Access and Security. With the exception of access rights that land surveyors
ore afforded by low, the Client will provide Abonmorche access to the Project
site and the Client will be responsible for obtaining any necessary permission
from any affected third party property owners for use of their lands. The Client 's
solely responsible for site security.
Abonmarche will return to the Client all documents and information
hat are the properly of the Client.
EnMre Agreement. This Agreement contains the entire agreement between the
pariles and there are no agreements, representations, statements, or
nderstandings which have been relied on by the parties which are not stated
this Agreement.
End of Agreement
11.CosuMaMs. Abonmarche may engage Consultants at the request of the Client Reviewed by City of South Bend Legol Deporiment 05/04/2011
to perform services which are typically the Client s responsibility, such as surveys,
geotechnlcal and environmental assessments, The Client agrees that
Abonmarche will not be responsible fa, or in any manner guarantee, the
performonce of services by the Consultants. The Client agrees that
Abonmarche wilt 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.
12.0pNlons of Cod. 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 ore only estimates. Abonmorche does not warant that bids
or ultimate construction or total project costs will not vary from such estimates.
13.0wnenhip 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 forth. The Client Is authored to use the copies
provided by Abonmarche only in connection with the Project, Any other use or
euse by the Client for any purposes whatever will be of the Client's risk and full
,gol responsibility, without liability to Abonmarche and the Client will defend,
ndemniy, and hold Abonmarche harmless from all claims, damages, losses,
and expenses, including attorney fees arising out of or resulting there from.
14.Eleatrork A%ft. Copies of data, reports, drawings. specifications, and other
materials furnished by Abonmarche that may be relied upon by the Client ore
limited to the printed Copies (also known as hard copies) that are delivered to
the Client pursuani to the services under this Agreement. Computer files of text,
data, graphics. or of other types of electronic media are the sole possession of
COSB reviewed 05 -04 -11
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