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HomeMy WebLinkAboutNo. 3038 approving/authorizing the execution of an amendment to the addendum to the master agency agreement (SR 23 & Douglas added Right Turn Ln. - Engineering)RESOLUTION SOLD ON N0.3038 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (SR 23 and Douglas Added Right Turn Lane - Engineering) (2903 -11) 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 1, 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 SR 23 and Douglas Added Right Turn Lane - 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 (SR 23 and Douglas Added Right Turn ILLane - Supplement #1) and hereby authorizes its execution in substantially the form attached hereto with such may deem changes as the Commission g y 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 May 31, 2012, at 9:30 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST: Donald Alford, Sr., Secretary South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF DEVELOPMEN Marcia L Jones, esident South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT SR 23 and Douglas Added Right Turn Lane - Engineering) (2903-11,3038-11) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 12th day of June, 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 SR 23 and Douglas Added Right Turn Lane - Supplement #1 (the "Project "). C11 WHEREAS, effective January 1, 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 1, 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 SR 23 and Douglas Added Right Turn Lane - Engineering Project to the Master Agency Agreement by way of an Addendum on July 11, 2011 WHEREAS, the Commission desires to amend the Addendum by way of this ILAmendment. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein and for other ood and valuable consideration the receipt of which is g � p 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) G 16-1 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 Don Inks, Member Kathryn Roos, Member 14 Exhibit "A" SR 23 AND DOUGLAS ADDED RIGHT TURN LANE — ENGINEERING See attached proposal from Abonmarche dated May 18, 2011 and approved by the BPW on July 11,2011 C L C 14 14 1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601 -1830 CTI'Y OF SOUTH BEND STEPHEN J. LUECKE, MAYOR BOARD OF PUBLIC WORKS July 11, 2011 Mr. John Linn Abonmarche Consultants 750 Lincoln Way East South Bend, Indiana 46601 RE: Professional Services Agreement SR 23 and Douglas Added Right Turn Lane Project Design Project No. 111 -053 Dear Mr. Linn: PHONE 574 / 235 -9251 FAx 5741235 -9171 The Board of Public Works, at its meeting held on July 11, 2011, approved the above referenced Professional Services Agreement in the amount of $28,900.00. 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: Roger Nawrot, Abonmarche Bill Schalliol, CED Rob Nichols, Engineering Toy Villa, Engineering Beth Leonard, CED Judy Love, CED GARYA. GILOT, P.E. DONALD E. INKS CARL P. LITTRELL PRESIDENT MEMBER MEMBER N, ABONMARCHE Abonmarche Professional Services Agreement AGREEMENT between: Abonmarche Project Number: Client Name: CITY of SOUTH BEND, REDEVELOPEMENT COMMISSION Dote: MAY 18, 2011 Client Address: COUNTY -CITY BUILDING, ROOM 1200, 227 WEST JEFFERSON BLVD. Phone: 574 - 235 -5834 SOUTH BEND, IN 46601 Cell: Fax: 574 - 235 -9021 Emaii: 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 as: Project Nome: ADDED RIGHT TURN LANE Location: STATE ROAD 23 & DOUGLAS ROAD INTERSECTION SOUTH BEND, INDIANA The professional services to be provided by Abonmorche, collectively referred to as the Work Plan, ore as follows: scope of work: OUTLINED IN APPENDIX A Project schedule: DETAILED IN APPENDIX B Special Provisions: N/A Abonmarche proposal /work plan, doted MAY 18, 2011 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: $ 28,900.00 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 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 Abonmorche. 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 s' nino below. I acknowledge that I have received and oaree In the Terms and Conditions on Page 2 of this Aareement and I understand that the Terms and Conditions take precedence over all prior oral and wrist n und2atgndina5. 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 info first class certified mail, postage prepaid, return receipt re uested. Authorized Client Representative Authorized Abonmarche Representative CITY OF SOUTH BEND Client: REDEVELOPMENT COMMISSION Signature: Signature: _ Printed Name: 68HN W. LINN, PE Printed Name: Title: PRESIDENT / CEO 06ginoiing Title: office ABONMARCHE CONSULTANTS, INC. p APPROVED Address: 750 Lincoln Way East ATTEST: BOARD of PUBLIC WOI ° Ptt�itG Works South Bend, IN 46601 T 574.232.8700 F 574.251.4440 Signature: UU t Signature: r U Signature: Signature: Date Signed: Date Signed: F:\Proposols\P ihru T \S \South Bend Ci \Doss las Road \SR 23 Turn Lone \COSB PSA 05 -1 8-1 l.docx COSB reviewed 05 -04 -11 Page 1 of 2 14 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT I . Agreement. These Terms and Conril tfons shag be incorporated by reference and shag pfevag as the basis of the Client's Agreement to Abonmorche. Any Client document of communicolion in octuillan to or In conflict %vilh these Terms and Conditions shall be subordnate and subject to these pro lsions. 2. Execution. Abonmarche has the option to render this Agreement rug and void, I I_ it It is not executed within thirty (3D1 days of delivery. 3. Client Responsibilities. 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 1 will waive OR clams against Abonmarche that may be in any way connected, unless Abonmarche's services under this Agreement include full -time con,frvction observation or r_viev, of contractors performance. 4. Performance. The standard of care lot services performed by or provided by Abonmarche will be the care and skill ordinarih> u:ecf by Abonmorche's 1 17 profession practicing under similar cycurnMonces of the same lime and in the some locally. Abonmarche makes no warronty, expressed or Implied. whh respect to any services provkled by Abonmorche. Abonmarche will not be liable for any claim, damages, cost, or expense (including attorney's fees) or other liabiity or loss not d'uectly and solely caused by the negligent acts, errors, Of Omisslom of Abonmarche. 5. floury Billing Rales. If payment is on an hourly rote, Client will pay Abonmorche at the current hourly billinn rotes. The hourly roles are adjusted onnualy or as deemed appropriate. 1 18 6. Reimbursable Expenses. Reirnt"sable expenses, the ocluol costs incurred directly or indsectly for the Client's Project, will be charged of Abonmarche's 1 19 current tales. Examples of reimbursable expenses Include, but are not limited to: mileoge, tests and onoly -es, special equipment services, pnstogs and delivery charges, telephone and laiii charges, cop ing, printing, and binding charges, commercial transportation, meals, lodging, special fees, licenses, and permit. Svbcansultont and outside technical or professional services will be charged on the basis of the actual costs times a factor of 1.15. � �0. 7. Additional Services. Additional services that may be provided pursuant to the Agleement or any subsequent modficolion of the Agreement will be oulhorized, •when po sible, by wrl6en amendment signed on behalf of the Clirnf and Abonmorche. Additiono! services, performed by Abonmarche are subject 2 21. to al Terris and Conditions and the Client will be responsible for payment. Should the Client, regulatory agency. or only pudic body or Inspector affect modAicalfon or oddrtlon to senaces covefed by this Agreement, the cost will be 2 22. added to the agreed price. Requests for extra services :hound be mode In writing v la a change order, but none the lea:: Abonmarche a entitled to be paid lot extra services provided whether or not It is In writing. S. Underground Structures or Buried Uflifies. the Client is responsible lot identification aril location of dl public and private buried structures on the Client's propedy and the Project site, such as, but not Limited Ia, stoioge tanks 2 23. and lines, or gas, water, sewer, electrical, phone. cable, or any other public or privole vilifies. it is agreed that Abonmarche is not responsible for accidental damage In utilities or underground structures, - whether known. unknown or improperly located. The client shall be responsible for design lees if changes are 2 24. necessoy. Wilily locating or making services provided by Abanmoiche are not substitule� for complying with the utility avwner notification requirements or the locating services (8) 1 systems) required prior to an excavation. Utilities shown w located by ground penetrating rodor are opproximale only. No excavation took place to verify the positions rhown or to verify the type of utility (except as 2 25. noted). Careful exco+olion is required for .erfficotion of the buffed utg.ity. The owner or customer assumes the rrrk of error and the ocluol location of the underground utility. Abonmarche k not providing any cenitrcalksn or guarantee regarding the exact location of any underground unity. 9. Underground Conditions, Abonmorche shop hove no responsibility for the I I Identification of existing or unforeseen /aflffering underground conditions. The Contractor shall have sole responsbiity for detemuning the nature of t t underground conditions and the means and methcds of dealing v,•th those ^ ^cis. conditions. Abonmarche Is entitled to rely upon the Information prodded by geolechnkol consultonls and shall hove no responsibeny, for the accuracy or correctness of the data contained In the geotechnicol reports. 10.51te Access and Security. With the exception of access rights that land surveyors ore afforded by love, the Client wig provide Abonmorche access to the Project Me and the Client wig be responsible for obfoining any necessary pernihsion from any affected third paty property Owners for use of They lands. The Client is Sol" responsible for site security. and there are no agreements, repremritolions, statements, or understandings which have been relied on by the parties which are not slated In thus Agreement. End of Agreement. I I.ConsuBants, Abonmarche mar engage Consultants at the request of the Client Reviewed by City of South Bend Legal Department 05/04/2011. to perform services which ore typically the Client's responsibility, such as surveys, geotechnical and environmental assessments. The Client agrees that Abonmorche will not be responsible for, or In any manner guarantee, the performance of services by the Consuttonls. The Client agrees that Abonrnorche will not be gable for any claim, lability, of defense cost for Injury or loss sustained by any party ollegedy caused by the Consultants' negligence or wllgul mrsconducl. 12.0pinions of Cost. Any opinions of probable construction cost and;or total project cost provided by Abonmorche will be on Ilia basis at experience and judgment, but these are only estimates. Abonmorche does not wanont that bids or ultimate construction or total project costs will not vary from such estimates. 13,OwnwsNp of Work Product. Abonmorche will remain the owner of oil original drawings, reports, and other moleriats provided to the Client, vwhether in hard copy or magnetic media form. The Client is authorized to use the copies provided by Abonmarche any In connection with the Project. Any other L,,a or reuse by the Client for any purposes whatever will be of the Client's risk and full xt legal responsibility, without IlobiSfy to Abonmorche and the Client wig defend, indemnity, and hold Abonmarche hormless from all daints, damages, losses, and expenses. Including otforne• tees arising oul of or resulting there from. 14.Electronfc Media. Copies of data, reFrxts, 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 had coplesj Ihot ore delivered to the Client pursuanl to the services under this Agreement. Computer ties of text. data. graphics, or of other types of electronic media ore the sole possesslon or COSB reviewed 05-04-11 Page 2 of 2 rpme May, 2011 City of South Bend S.R. 23 and Douglas Road Added Right Turn Lane Page 1 of 3 APPENDIX A Work Plan PROJECT SCOPE The proposed project consists of the design of an added right turn lane to the south approach of S.R. 23 at Douglas Road. The improvements will include a new right turn lane and new sidewalk along northbound S.R. 23 to eastbound Douglas Road, reconstruction of a right -in- right -out approach for Bank of America, reconstructed street approaches within the project limits, and traffic signal modifications. The turn lane will be designed using 2007 traffic counts and modified to balance project costs with current day traffic demands. Recommendations of right -of -way widths, legal descriptions, and exhibits will also be provided for the city to acquire the necessary right-of-way. 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 Survey: a) Obtain recorded plats, deeds of all adjacent properties, and City construction plans; b) Obtain utility maps for all of the utilities in the existing right -of -way; c) Establish the existing rights -of -way and set construction control lines. Witness survey horizontal control points; d) Run benchmark level circuits setting temporary benchmarks no further than 500 feet apart; e) Obtain detailed measurements of existing manholes to get inverts and sewer sizes; f) Locate existing utilities that are in the rights -of -way; g) Obtain topographic data; h) Create digital surface model and contours; Task #2: Design: a) Check plotting of field survey; b) Prepare City of South Bend Title Sheet; c) Develop typical sections; d) Develop proposed grades; e) Layout improvements and roadway widening; f) Design drainage improvements; g) Prepare plan and profile sheets; h) Design approach and intersection details: Engineers Architects Planners Surveyors 14 G May. 2011 City of South Bend S.R. 23 and Douglas Road Added Right Turn Lane Page 2 of 3 i) Prepare cross sections; j) Design traffic signal layout; k) Layout signoge and pavement markings: 1) Develop structure data tables; m) Prepare maintenance of traffic sheet; n) Prepare detail sheets; o) Coordinate improvements with INDOT and obtain INDOT right -of -way permit; p) Coordinate improvements with utility companies; q) Coordinate relocation / permitting for EPA force main / pump station; r) Calculate project quantities; s) Develop cost estimate; t) Submit three (3) sets of plans to the City for review; u) Meet with the City to review the plans; v) Revise plans according to City and INDOT review. Task #2 Bid Documents: a) Prepare bid proposal sheet; b) Prepare special provisions; c) Submit three (3) sets of bid documents to the City for review; d) Meet with the City to review the bid documents; e) Revise bid documents according to City and review. Task #3: Bid Period Services: a) Answer bidding questions; b) Prepare necessary addenda to the bid documents; c) Tabulate the bids and make a recommendation of contract award. Task #4: Construction Phase Services: a) Attend the pre- construction conference; b) Answer City and contractor questions from the field; c) Make periodic site visits; d) Attend field progress meetings as required by the City. Items furnished by the City If necessary: a) Geotechnical investigation; b) Right -of -way engineering. Engineers Architects Planners Surveyors May, 2011 City of South Bend S.R. 23 and Douglas Road Added Right Turn Lane Page 3 of 3 APPENDIX B Fees for Services & Schedule FEES FOR SERVICES Abonmarche will be paid the lump -sum amount of $27,900.00 for performing Tasks 1 through 5 as described in Appendix A. Abonmarche will invoice the City on a monthly basis for the percentage completed for each task. The following are the fees for the various tasks: Task# 1. Field Survey ............................................................... ............................... $ 4,100.00 Task #2: Design / Permitting ................................................ ..............................$ 15,600.00 Task#3 Bid Documents ......................................................... ............................... $ 5,200.00 Task #4: Bid Period Services ................................................ ............................... $ 1,800.00 Task #5: Construction Phase Services ................................ ............................... $ 2,200.00 TOTALLump -Sum Amount ......................................................... ..............................$ 28,900.00 ANTICIPATED SCHEDULE Task Estimated Completion Time Task # i Field Survey Within 21 days from Notice to Proceed Task #2 Design Task #3 Bid Documents Task #4 Bid Period Services Task #5 Construction Phase Services Within 60 days from Notice to Proceed Within 75 days from Notice to Proceed Within 7 days aft er bids are received Contractor construction period F: \Proposal \P 1hru TI S \South Bend CHADouglas Rood\SR 23 Turn Lone \appendx 05.18 -1 Ldoc Engineers Architects Planners Surveyors ii'hen the prospective Contractor is unable to certify to any of the statements below, !t shall attach an explanation to this Affidavit. NON - COLLUSION, NON - DEBARMENT AFFIDAVIT, EMPLOYMENT ELIGIBILITY VERIFICATION AND NON - DISCRIMINATION COMMITMENT STATE OF INDIANA } } SS: J 4 COUNTY } The undersigned Contractor, being duly sworn upon hisllier /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, firms, 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 2. Neither Contractor nor any of its principals are 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 with 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 T.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 P -No a n- Copus�on Non -De6 anent davit Revised June 2011.doc G [A S. 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. v/ Dated this � day of,_.�—, 20 // ,�hon,>7arc �lo t- t�nSvl�ak1�31 ILL Contrac idder (Firm i ture of Contractor /Bidder or Its Agent bon, Pr-i „ eofJez I Printed Name and Title Subscribed and sworn to before me this 5 -n4 day of JUL-`( , 20 1 l My Commission Expires 1'2 - 0 4 -- 2 01 4 County of Residence r S '"r: JosEpµ JANICE L. MUELLER NOTARY PUBLIC SEAL STATE OF INDIANA I My Commission Expires December 4. 2014 P- Non - Collusion Non - Debarment Affidavit Revised June 201 l.doc 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 Schalliol -tqt red,twiforrnon Company or Vendor Name Agreement Contract Proposal L Addendum 0 Claim If Yes, Approved by Purchasing Bid Opening Bid Award SR 23 and Douglas Added Right Turn Lane Project Reg. to Advertise Title Sheet Quote Opening Quote Award DREDA TIF Chq Order No. CIO & PCA No. PCA Ease. /Encroach. Traffic Control LJ Resolution ❑ Other: Terms of Contract -tqt red,twiforrnon Company or Vendor Name Abonmarche New Vendor L Yes 0 No If Yes, Approved by Purchasing Project Name SR 23 and Douglas Added Right Turn Lane Project Project Number Not yet assigned) Funding Source DREDA TIF Account No. Amount $ 28,900.00 Terms of Contract Purpose /Description Y Design service proposal for SR 23 and Douglas Added Right Turn Lane Proiect. �' � 1 et'• 1 .; t ,. 4z .X't: ..1 Amount of ❑ ❑ Increase Decrease $ $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % PO No. G = M ABONMARCHE Engineering Architecture Confidence By Design Land Surveying Marina /waierfront Community Planning Landscape Architecture Development Services May 18, 201 1 City of South Bend Redevelopment Commission County -City Building, Room 1200 227 West Jefferson Blvd. South Bend, IN 46601 ATTENTION: Mr. Bill Scholliol, Project Manager RE: S.R. 23 AND DOUGLAS ROAD INTERSECTION ADDED RIGHT TURN LANE Proposal for Design Services LV Dear Bill: C 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 with you and the Engineering Department. 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 and schedule in Appendix B. If our proposal is acceptable please sign and return one of the enclosed standard agreements 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. John W. Linn, PE, Principal /Chairman of the Board 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street South Bend, IN 46601 Fort Wayne. IN 46825 Benton Harbor, MI 49022 574.232.8700 260.497.8823 269.927.2295 www.abonmarche.com 361 First Street Manistee, MI 49660 231.723.1 198 503 Quaker Street South Haven, MI 49090 269.637.1293 14 Exhibit "B" SR 23 AND DOUGLAS ADDED RIGHT TURN LANE — SUPPLEMENT #1 See attached proposal from Abonmarche dated March 15, 2012 G C ,' -. ABONMARCHE Confidence Sy Design March 15, 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: State Road 23 and Douglas Road Intersection Added Right Turn Lane City Project No. 111 -053 Professional Services Amendment #1 LV Dear Bill: G Engineering Architecture Land Surveying Marina /Waterfront Community Pianning Landscape Architecture Development Services Enclosed for your review is our proposed amendment for additional services outside of our current agreement with the City. These additional services include preparing a legal description and parcel plat for the permanent right -of -way, along with the acquisition of the right -of -way from Horizon Bank, required to construct the project. We are requesting that you recommend our enclosed Professional Services Agreement Amendment for approval. The amount of the increased work is $5,000.00 which increases the total amount of the contract to $33,900.00. If you have any questions, please do not hesitate to contact our office. Sincerely, Abonrrmyy arche Consultants, Inc. Kohn W. Linn, PE, Principal /Chairman of the Board 750 Lincoln Way East 341 Airport North Office Park 95 West Main Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 574.232.8700 260.497.8823 269.927.2295 www.abonmarche.com 361 First Street Manistee, MI 49660 231.723.1 198 503 Quaker Street South Haven. MI 49090 269.637.1293 C PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 ADDED RIGHT TURN LANE STATE ROAD 23 & DOUGLAS ROAD INTERSECTION CITY PROJECT NO. 111 -053 This Amendment is 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 of Indiana, Inc, referred to as "ABONMARCHE ". Amend Agreement Change: A NOT -TO- EXCEED FEE OF: $29,999.00 $33,900.00 AS SHOWN IN APPENDIX B Amend Appendix "A" Add: Task #5: Parcel Plat and legal Descriptions (a) Obtain title search for Horizon Bank parcel (b) Prepare Exhibit "A ", legal description and closure sheets (c) Prepare Exhibit "B ", parcel plat Task #6: Right -of -Way Acquisition We will oversee and assist our sub - consultant, Coldwell Banker, with the Right -of -Way acquisition process, as follows: (a) Meet with Horizon Bank to discuss project; (b) Provide Title Research and Value Analysis; (c) Negotiate acquisitions of needed right -of -way; (c) Prepare closing documents and broker the acquisition. Amend Appendix "B" Change: Abonmarche will invoice the City on a monthly basis for this percentage completed fro the lump sum tasks to a not -to- exceed amount of $33,900.00. Add: Task #5 Land Plat and Legal Description ........................ ............................... $1,600.00 Task #6 Right -of -Way Acquisition ..................................... ............................... $3,400.00 Change: Total Not -to- Exceed Amount: ................................................... $28,900.00 $33,900.00 Ce All other terms and conditions of the Agreement remain in effect. F: \Proposals \P thru T \S \South Bend City \Douglas Road \SR 23 Turn Lane \SR 23 and Douglas Ammend No 1 2012- 03- 15.docx Sheet 1 of 2 C 14 Ism PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 1 ADDED RIGHT TURN LANE STATE ROAD 23 & DOUGLAS ROAD DESIGN CITY PROJECT NO. 111 -053 Abonmarche Consultants, Inc City of South Bend, Board of Public Works John W. Linn, PE President Date Signed: March 15, 2012 Date Signed: F: \Proposals \P thru T \S \South Bend City \Douglas Road \SR 23 Turn Lane \SR 23 and Douglas Ammend No 1 2012- 03- 15.docx Sheet 2 of 2