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HomeMy WebLinkAboutProfessional Services Agreement - Danch Harner & Assoc - Vacating Alleys and Dedicating Street for Charles Martin Sr Drive1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOIJTH BEND. INDIANA 46601-1 830 PIS'iti CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARDLIC WORKS May 14, 2019 Mike Danch Danch, Hamer and Associates 1643 Commerce Drive South Bend, IN 46628 RE: Professional Services Agreement Dear Mr. Danch: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on May 14, 2019, approved the above referenced agreement regarding survey services to vacate alleys, prepare legal descriptions, create outlots, and dedicate the street for Charles Martin Sr. Drive in the amount of $14,480. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, w Linda M. Martin, Clerk�"' Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU AGREEMENT FOR PROFESSIONAL SERVICES This Agreement For Professional Services (this "Agreement") is entered into on 5/14/2019, (the "Effective Date"), by and between the City of South Bend, acting by and through its Board of Public Works (the "City"), and Danch, Harner & Associates, with its registered office address at 1643 Commerce Dr., South Bend IN 46628, (the "Provider") (each a "Party" and collectively the "Parties"). For and in consideration of the mutual covenants and promises contained herein, the Parties agree as follows: 1. Services. The Provider will provide to the City the professional services (the "Services") set forth in the Provider's proposal attached hereto as Exhibit A (the "Scope of Work"). In the event of any conflict between the terms of this Agreement and the terms of the Scope of Work, the terms of this Agreement will prevail. The Provider will execute its obligations under this Agreement in accordance with the prevailing professional standard of care for projects of similar design and complexity. 2. Corn 2 nsatioil. In exchange for the Provider's satisfactory performance of the Services, and subject to the terms and conditions of this Agreement, the City will pay the Provider a total sum not to exceed $14,480 (the "Contract Amount") in accordance with the project budget stated in the Scope of Work. The City will pay the Contract Amount in installments upon invoicing by the Provider. The City will not be required to pay any Contract Installment if the City is not satisfied with the Provider's performance under this Agreement or any default or breach of this Agreement by the Provider exists, as the City may determine in its sole discretion. The sum of all Contract Installments will not exceed the Contract Amount, and the Provider will not incur or seek reimbursement for any expenses in excess of the Contract Amount. 3. Term Termination. Unless earlier terminated in accordance with its terms, this Agreement will commence on the Effective Date and end upon the Provider's satisfaction of all its obligations hereunder and the City's final payment therefor. Notwithstanding the foregoing, effective immediately upon delivery of a written termination notice to the Provider, the City may terminate this Agreement, in whole or in part, for any reason, if the City determines that such termination is in the best interest of the City. In addition, in accordance with Ind. Code 6-1.1-18, payments are subject to appropriation by the City. If the City makes a written determination that funds are not appropriated or are otherwise unavailable to support the continuation of this Agreement, it shall be cancelled. A determination by the City that funds are not appropriated or are otherwise unavailable to support the continuation of performance shall be final and conclusive. The City will not be required to pay any Contract Installment or be otherwise liable for any cost associated with the Provider's performance of any Services after the effective date of termination. 4. Remedies for Breach of Contract. Failure to complete the Services in accordance with this Agreement will be considered a material breach. In the event of such breach, the City may suspend all payments to the Provider and may pursue any and all remedies available at law or in equity. The Provider shall repay to the City any portion of the Contract Amount expended for matters not within the scope of the Services. 1 5. Point of Contact. The City employee identified in Section 10 below will serve as the City's principal point of contact for purposes of this Agreement. 6. Relationship. The Provider shall at all times be an independent contractor for the performance of the Services rather than an employee of the City, and no act or omission to act by the Provider shall in any way bind or obligate the City. This Agreement is strictly for the benefit of the Parties and not for any third party or person. This Agreement was negotiated by the Parties at arm's length and each of the parties hereto has reviewed the Agreement after the opportunity to consult with independent legal counsel. Neither party shall maintain that the language in the Agreement shall be construed against any signatory hereto. The City and the Provider hereby renounce the existence of any form of agency relationship, joint venture, or partnership between the Provider and the City and agree that nothing contained herein or in any document executed in connection herewith shall be construed as creating any such relationship between the City and the Provider. 7. lndemnificatioti of City. The Provider hereby agrees to defend, indemnify, and hold harmless the City, its officials, employees, and agents from any and all claims of any nature which arise from the performance by the Provider under this Agreement and from all costs and attorney fees in connection therewith, excepting for claims arising out of the negligence of the City, its officials, directors, employees, and agents. The obligations of the Provider under this section shall survive the termination of this Agreement. 8. Work Product' Cwti.ershi p. The Provider will submit its work product to the City in accordance with the terms of the Scope of Work. Except as provided in Section 8(b) below, any and all work product submitted by the Provider to the City as part of the Provider's performance of the Services will become the exclusive property of the City, and the City will have the right to use and reproduce copies of the Provider's work product as the City determines in its sole discretion without compensation to the Provider except the compensation expressly provided for in this Agreement. 9. Assignment. The Provider shall not assign or subcontract the whole or any part of this Agreement or its obligations hereunder without the prior written consent of the City. 10. Notices. Any notice required or permitted to be delivered hereunder shall be deemed to be delivered, whether or not actually received, when deposited in the United States Postal Service, postage prepaid, registered or certified mail, return receipt requested, addressed to the City or the Provider, as the case may be, at the address set forth below. Provider: Cam: Danch Hamer & Assoc. City of South Bend 1643 Commerce Dr. 227 W. Jefferson Boulevard, Suite 1400 S. South Bend IN 46628 South Bend, IN 46601 Attn: Mike Danch Attn: David Relos 2 11. 1 ua 0, portunit . orr-Discrimination; Coni (lance. The Provider shall comply with all applicable laws and regulations in its hiring and employment practices and policies for any activity covered by this Agreement. The Provider shall comply with all state, federal, and municipal laws, regulations, and standards applicable to its activities pursuant to this Agreement including, but not limited to, the requirements imposed by Ind. Code 22-9-1-10 (non- discrimination), the provisions of Ind. Code 5-22-16.5 (disqualification for dealings with the government of Iran), and the provisions of Ind. Code 22-5-1.7 (requiring E-Verify for new employees and prohibiting employment of unauthorized aliens). Each of the foregoing provisions is incorporated herein as if set forth in full, and the Provider certifies that it is in compliance with each such provision and shall remain in compliance through the term of this Agreement. 12. Drug -Free, Workplace. The Provider hereby agrees to make a good faith effort to provide and maintain a drug -free workplace. The Provider will give written notice to the City within ten (10) days after receiving actual notice that the Provider or an employee of the Provider within the State of Indiana has been convicted of a criminal drug violation occurring in the workplace. 13. Entire Agreement; Argendnient° Applicable Law. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. This Agreement may be amended only by separate writing, signed by authorized representatives of both the Provider and the City. This Agreement will be construed and interpreted according to the laws of the State of Indiana. [Signature page follows.] 3 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement For Professional Services to be effective as of the Effective Date stated above. CITY OF SOUTH BEND B:RI: OF PUBLIC WORKS Gary Gilot, President Therese Dorau, Member tize-th . Miller, Member aradil onber I. ° ur,i O'Sullivan. Member ATTEST, P Linda Martin Clerk Danch Hamer & Associates , BY .._ .....,� � 1`i Printed: ik `Dancli c ` Position: President 1500.000000146796454.004 11 EXHIBIT A Scope of Work [See attached.] DFIADanch, Harner & Associates, Inc. Michael J. Danch, L.A., ASLA Land Surveyors • Professional Engineers Ron Harner, P.S. Landscape Architects • Land Planners Mr. David Relos March 21, 2019 Property Development Manager City of South Bend - Department of Community Investment 14th Floor County -City Building South Bend, Indiana 46601 RE: Survey proposal to prepare a Minor Subdivision to create outlots and for dedication of the right-of-way for Charles Martin Sr. Drive (Chapin Street) from Washington Street to Lincolnway West and Vacation of a portion of an existing Public Alley on the east side of Charles Martin Sr. Drive (Chapin Street) north of Washington Street, South Bend, IN: Dear Mr. Relos: Please accept this letter as our written cost estimate to provide the City of South Bend with following Survey and Planning services: Sufre Services: 1). Prepare a Boundary Survey for the parcels of ground along with locating the existing Charles Martin Sr. (Chapin Street) and public sidewalks and storm structures from Washington Street on the south to Lincolnway West on the north. 2). Prepare a Minor Subdivision Plat per the City of South Bend Subdivision Control Ordinances to create outlots for transfer purposes of several small parcels not required for the Public right-of-way and to dedicate the remaining part of the Minor Subdivision plat as public -right-of-way for the existing Charles Martin Sr. (Chapin Street) and the adjacent sidewalks as per discussions with the City's Community Investment staff. Cost for the above survey services including filing, recording and review fees ........................... $ 11, 550; 1l14l111ii1Q Services:. 1). Prepare an Alley Vacation for the first existing 14 ft. wide East-West Public Alley located on the East side of Charles Martin Sr. Drive (Chapin Street) North of Washington Street, and a 14 ft. wide North -South Alley located just East of La Salle and running North for 173 feet crossing Charles Martin Sr. Drive (Chapin Street) with a remaining stub running East-West, from Charles Martin Sr. Drive (Chapin Street) including all required application/ordinance paperwork, Vacation diagrams and legal descriptions, representation at required Council Public Hearings for the Vacation Petition. Cost for this item would be................................................................................... $ 2,350; Submittal/Mailing/Review fees would be approximately................................................... $ 580; 1643 Commerce Drive • South Bend, IN 46628 208 West Mars • Berrien Springs, MI 49103 Office: (574) 234-4003 / (800) 594-4003 • Fax: (574) 234-4119 Office: (269) 471-3010 • Fax: (269) 471-7237 -2- March 22, 2019 If any revisions were requested by any review agency or the City, those revisions would be done at our standard hourly rates. We would suggest budgeting IS% for requested changes. Any additional work would be done at our standard hourly rates which are attached. Our present schedule with project approwl would haze a surzey crew on -site in approximately 30 working days to begin the required surzey work. If you have any questions concerning this matter, please feel free to give me a call at 234-4003. Sincerely, M J. D Michael J. Danch -President Danch, Harrier & Associates, Inc. File: David Relos Revised 3-21-19 Charles Martin Sr. Drive (Chapin Street) proposal "C" Md. - 3 - March 22, 2019 Danch, Harner & Associates, Inc. EFFECTIVE DATE: JANUARY 2018 SCHEDULE OF HOURLY RATES AND DIRECT EXPENSES CLASSIFICATION .................................................................................................................1.....HOURL�Y.......BILL.I.NO.......RA................ TE Senior Professional Engineer $138.00 _g . . . .�........ ._ . g ���_����_ .� ... Engineering Designer ..............................................................................� _...�........................... ......�.....�r�r�r�re.. $ 8 0 m..0 0 .. Project _'a Engineer $70.00 Senior Professional Land $138.00 Surveyor . .. ...........................�...�.........��.....��r�� Senior..... Survey/Engineering 80.00 $ Tech y g g ineerin Surve /En Tech $55. �00 Senior Professional Landscape $138.00� Architect ect . � � � � . Survey Manager �_.m .................. ......... � , �____m.,���m �_� $70.00 ..................0 Two Person Field Crew $120�.00 Principal.... ...........ww..........�.u._������_._���_�_.......���_� $138 .00�.�.. _.......... ..............— Clerical $45.00 ITEM UNITS UNIT PRICE Mileage Miles $0.50 Copies* Each $0.25 Standard Size Each $4.00 Prints (24 x 36) lOversize Prints I Square Foot $1.00 Vellums (24 x 36 Each $10.00 size) Overnight Travel: ....�______.. .. .... �..... e � ..... .._........ ..__..__.............___- Meals Cost Lodging Cost Public Cost Transportation *Note: Copies include 81/2 x 11, 81/2 x 14, or 11 x 17 size sheets. Other direct expenses may include cost to obtain copies of documents such as deeds or plats, maps, or other items purchased as a direct result of employment on the project. NOTE THAT MILEAGE IS -4- March 22, 2019 NOT CHARGED FOR PROJECTS WITHIN ST. JOSEPH COUNTY, INDIANA OR BERRIEN COUNTY, MICHIGAN. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date -April 19 2019 Name David Relos Department DCI �fffiBPW Date IT , e[o,-.e[;Y°, usrsc:saarnaNPS�;&xa11IIIIIIIIIIIIIIIIIIIIIIIIIIItlIItlIII�I�M W.'mkNVWxNffi5��5v,.mvmnvviFAniXl�Hn Phone Extension+MTV:WWlffiiWVGWWWWVW!IYW➢N'IW!W!W 6 2019 !'�Yd 5 .�� ........ °�... t�u����Prior or to Submittal to,Bo...ard ............ .......... - -.. BPW Attorney Attorney Name Clara McDaniels Dept. Attorney M' Attorney Name Sandi Kennedy .......... -- Purchasing ❑ Services e A props t Item 'l yl e l cxc w Professional rces Agreement ee ° ��- gr ment Contract ❑I Open Market Contract ❑ Amendment/Addendum EI Bid Opening (] Bid Award ❑ Quote Opening ❑ Quote Award Proposal Opening ❑ C/O & PCA No,. El Chg. Order, No. Traffic Control 0 Other: ared /cat All Submissions uired Information LJ Proposal (� Special Purchase, QPA Req. to Advertise E] Reject Bids/Quotes (] PCA R Resolution Ease./Encroach Company or Vendor Name lotarcrrrm,° lcrrectt " yF �r New Vendor Yes❑ If Yes, Approved by Purchasing ❑ No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Charles Martin Sr. Drive dedication / EDIT COIT.................... 408-1050-460-31.11 80 ❑ Title Sheet C_C V\P- r El Yes No so C Survey services to vacate alleys, prepare legal descriptions, create outlots, and ultimately dedicate the street. �.��......._. . __............w_ . For � antic Orders Only Amount of ❑❑ Increase ,,. ..�_ -... __.n,..... Decrease $ ) Previous Amount $ .....----- _ ..-. Increase m..... ..................... - - - — o Current Percent of Change: Decrease �... ......... -- - . _m.,......_ ........ ............___. __... %) New Amount .......... .. Increase % Total Percent of Change: Decrease �.... .._ ----- .n_ �� .............�.— %)_ Time Extension Amount: ...... - _..._.__.._ New Completion Date: