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HomeMy WebLinkAbout6B (1)6 �4 Cif Community & Economic Development 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission From: Bill Schalliol SS- Subject: Professional Service Agreements — Site Survey Lang, Feeney and Associates Date: August 8, 2012 Attached to this memorandum are two professional service proposals from Lang, Feeney and Associates to perform survey services for the City of South Bend. A map of the Study Areas is attached. The scope of work for the first proposal (Study Area 1) is to provide survey services to define the southern property limits of the South Bend Housing Authority property between Chapin and Scott for the purpose of establishing a utility easement through the area. The easement would allow all utilities to place services in the easement and would immediately facilitate the connection of the Westside AEP substation to the Union Station Technology Center to provide an alternate and redundant power source. The cost of the proposal is $2450.00. The scope of work for the second proposal (Study Area 2) is to provide survey services to define the right -of -way for South Street between Scott and Taylor. Due to the closure and vacation of United Drive as part of the Renaissance District project, the City needs to better understand all utility infrastructure and right -of -way limits associated with this corridor in the event improvements or upgrades are required. The cost of the proposal is $1725.00. The total cost for the survey work is $4,175.00. The study area is outside the limits of both the AEDA and SBCDA, but staff requests to use AEDA funds to pay for this study because the area is adjacent to the AEDA and serves and benefits projects within the AEDA. Staff requests approval of both proposals. What We Do Today Makes A Difference! • Aw Ig f. JI �vl, I a. ft Ak, rl! • Aw Ig f. JI �vl, I a. ft rl! Z- A, LAND SURVEY CONTRACT Agreement Between Surveyor and Owner /Buyer THIS AGREEMENT made and entered into by and between City of South Bend Department of Community & Economic Development and /or South Bend Housing Authority hereinafter referred to as Owner /Buyer and Lang, Feeney & Associates, Inc., hereinafter referred to as Surveyor. For the consideration hereinafter set out and under the terms and conditions hereinafter set out, the parties mutually agree as follows: ARTICLE 1 Land Survey Terms 1.1 SCOPE OF WORK: The Surveyor agrees to perform the following: Boundary Survey and Legal Description of the South 30 feet of SBHA property lying between Chapin Street & Alonzo Watson Drive, South Bend, Indiana. 1.2 PERFORMANCE OF WORK: The work to be performed under this agreement shall be completed in 3 weeks. 1.3 CONTRACT SUM: The Owner /Buyer agrees to pay the Surveyor for the performance of this contract, the total sum of $2450.00. 1.31 FILING FEES: Any and all filing fees associated with the completion of this work, whether they be to local municipal entities, or to state or federal bureaus or agencies, shall be the sole and express responsibility of the Owner /Buyer. 1.4 PAYMENTS: The Owner /Buyer shall make payments on the account of this Agreement as follows: A retainer fee of $1225.00 to be paid at the execution of this contract, with the remaining balance due upon receipt of invoice. A service charge of 1.5% per month will be added to accounts not paid within 30 days of invoice date. This is an annual percentage rate of 18 %. 1.5 DELAYS AND EXTENSIONS OF TIME: If the Surveyor is delayed at any time in the progress of the work by any act of neglect of the Owner /Buyer (or by any employee of either), or by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions, unavoidable casualties, or any causes beyond the Surveyor's direct control, then the contract time shall be extended for a reasonable time. Except where the delay is caused by negligence or fault of the Surveyor, Owner /Buyer shall not be entitled to damages from Surveyor for costs occasioned by such delay. 1.6 DEFAULT IN PAYMENT: In the event of default in payment, and Surveyor is required to obtain the services of a collection agency or attorney for collection of the sums due under contract, Owner /Buyer agrees to pay all costs of collection. (1) ARTICLE 2 Land To Be Surveyed 2.1 DESCRIPTION: The Owner /Buyer describes the land to be surveyed under this Agreement as follows: Tax Key #18- 3053 -2071. 2.2 MEANS OF ACCESS: Site access is provided by the arrangement checked below: ❑ Owner /Buyer has title to this property and the right of entry for this survey. 2.3 OWNER'S /BUYER'S LIABILITY: While the Surveyor and its employees are on or attempting to gain entrance to the land to be surveyed in performance of this contract, Owner /Buyer shall be liable for damages caused by the failure of the person or persons in possession of the land to allow entrance or permit continued access to the land. Damages shall include, but are not limited to, injuries to Surveyor and its employees person or property and any damages resulting delay. 2.4 OWNER'S /BUYER'S DUTY OF CARE: At all times while the Surveyor and its employees are on the land to be surveyed, Owner /Buyer agrees to exercise all reasonable care for Surveyor and its employees. ARTICLE 3 Results of Survey 3.1 USE: It is understood that the Owner /Buyer may use or reproduce the results of the survey without modification without incurring obligation for additional compensation to the Surveyor. The original drawings shall remain the property of the Surveyor. 3.2 SURVEYOR'S LIABILITY: The survey is to be prepared for the sole and express use of the Owner /Buyer named in this Agreement. Lang, Feeney & Associates' liability hereon is solely limited to the Owner /Buyer named in this Agreement and to no others. ARTICLE 4 Additional Terms 4.1 ASSIGNMENTS: The Owner /Buyer and Surveyor agree not to assign any rights or obligations under this contract without the written consent of the other party. An assignment made without such written consent shall be void. 4.2 GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of Indiana. 4.3 OTHER TERMS: N /A. (2) ARTICLE 5 Delivery Of Agreement Upon execution and receipt by both parties, this document and all attachments noted herein shall form the Agreement between the Owner /Buyer, City of South Bend Department of Community & Economic Development and /or South Bend Housing Authority and Surveyor, Lang, Feeney & Associates, Inc., and shall not be modified except in writing, signed by the parties hereto. Accepted by Owner /Buyer /Agent City of South Bend Dept of Community And Economic Development And /or South Bend Housing Authority 501 Alonzo Watson Drive South Bend, Indiana 574 - 235 -5500 DATE: (3) Surveyor Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 574 - 233 -1841 DATE: LAND SURVEY CONTRACT Agreement Between Surveyor and Owner /Buyer THIS AGREEMENT made and entered into by and between City of South Bend Department of Community & Economic Development and /or South Bend Housing Authority hereinafter referred to as Owner /Buyer and Lang, Feeney & Associates, Inc., hereinafter referred to as Surveyor. For the consideration hereinafter set out and under the terms and conditions hereinafter set out, the parties mutually agree as follows: ARTICLE 1 Land Survey Terms 1.1 SCOPE OF WORK: The Surveyor agrees to perform the following: Boundary Survey of South Street R/W between Alonzo Watson Drive and Taylor Street. 1.2 PERFORMANCE OF WORK: The work to be performed under this agreement shall be completed in 3 weeks. 1.3 CONTRACT SUM: The Owner /Buyer agrees to pay the Surveyor for the performance of this contract, the total sum of $1725.00. 1.31 FILING FEES: Any and all filing fees associated with the completion of this work, whether they be to local municipal entities, or to state or federal bureaus or agencies, shall be the sole and express responsibility of the Owner /Buyer. 1.4 PAYMENTS: The Owner /Buyer shall make payments on the account of this Agreement as follows: A retainer fee of $850.00 to be paid at the execution of this contract, with the remaining balance due upon receipt of invoice. A service charge of 1.5% per month will be added to accounts not paid within 30 days of invoice date. This is an annual percentage rate of 18 %. 1.5 DELAYS AND EXTENSIONS OF TIME: If the Surveyor is delayed at any time in the progress of the work by any act of neglect of the Owner /Buyer (or by any employee of either), or by changes ordered in the work, or by labor disputes, fire, unusual delay in transportation, adverse weather conditions, unavoidable casualties, or any causes beyond the Surveyor's direct control, then the contract time shall be extended for a reasonable time. Except where the delay is caused by negligence or fault of the Surveyor, Owner /Buyer shall not be entitled to damages from Surveyor for costs occasioned by such delay. 1.6 DEFAULT IN PAYMENT: In the event of default in payment, and Surveyor is required to obtain the services of a collection agency or attorney for collection of the sums due under contract, Owner /Buyer agrees to pay all costs of collection. (1) ARTICLE 2 Land To Be Surveyed 2.1 DESCRIPTION: The Owner /Buyer describes the land to be surveyed under this Agreement as follows: South Street R/W between Alonzo Watson and Taylor Street. 2.2 MEANS OF ACCESS: Site access is provided by the arrangement checked below: ❑ Owner /Buyer has title to this property and the right of entry for this survey. 2.3 OWNER'S /BUYER'S LIABILITY: While the Surveyor and its employees are on or attempting to gain entrance to the land to be surveyed in performance of this contract, Owner /Buyer shall be liable for damages caused by the failure of the person or persons in possession of the land to allow entrance or permit continued access to the land. Damages shall include, but are not limited to, injuries to Surveyor and its employees person or property and any damages resulting delay. 2.4 OWNER'S /BUYER'S DUTY OF CARE: At all times while the Surveyor and its employees are on the land to be surveyed, Owner /Buyer agrees to exercise all reasonable care for Surveyor and its employees. ARTICLE 3 Results of Survey 3.1 USE: It is understood that the Owner /Buyer may use or reproduce the results of the survey without modification without incurring obligation for additional compensation to the Surveyor. The original drawings shall remain the property of the Surveyor. 3.2 SURVEYOR'S LIABILITY: The survey is to be prepared for the sole and express use of the Owner /Buyer named in this Agreement. Lang, Feeney & Associates' liability hereon is solely limited to the Owner /Buyer named in this Agreement and to no others. ARTICLE 4 Additional Terms 4.1 ASSIGNMENTS: The Owner /Buyer and Surveyor agree not to assign any rights or obligations under this contract without the written consent of the other party. An assignment made without such written consent shall be void. 4.2 GOVERNING LAW: This Agreement shall be governed by and construed under the laws of the State of Indiana. 4.3 OTHER TERMS: N /A. (2) ARTICLE 5 Delivery Of Agreement Upon execution and receipt by both parties, this document and all attachments noted herein shall form the Agreement between the Owner /Buyer, City of South Bend Department of Community & Economic Development and /or South Bend Housing Authority and Surveyor, Lang, Feeney & Associates, Inc., and shall not be modified except in writing, signed by the parties hereto. Accepted by Owner /Buyer /Agent City of South Bend Dept of Community And Economic Development And /or South Bend Housing Authority 501 Alonzo Watson Drive South Bend, Indiana 574 - 235 -5500 DATE: (3) Surveyor Lang, Feeney & Associates, Inc. 715 South Michigan Street South Bend, Indiana 46601 574 - 233 -1841 DATE: