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HomeMy WebLinkAbout6D1 1E4 % i. Department of ' a7' Community Investment Memorandum January 10, 2013 TO: Redevelopment Commission FROM: David Relos, Economic Development Planner, SUBJECT: Professional Services Agreement - Lang, Feeney & Associates Bosch Substation Easement & Legal Description In preparing the Bosch site for its eventual lease or sale, one item to address is an easement for the utility substation on the north side of Bendix at Goodland Avenue. Lang, Feeney & Associates has in the past completed survey work on and around the Bosch site. In 2006, Lang. Feeney prepared a Utility Easement Site Plan for the substation. There is now a fence around this substation. This fence needs to be verified that it is located per the Site Plan's legal description prepared in 2006, and if different, a new legal description prepared. The attached proposal by Lang, Feeney, in the amount of $995, will complete the onsite verification process and preparation of a new legal description if needed. Staff requests approval of this Professional Services Agreement with Lang, Feeney & Associates, in the amount of $995. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 SOUTHBENDIN.GOV LAND SURVEY CONTRACT Agreement Between Surveyor and Owner/Buyer THIS AGREEMENT made and entered into by and between City of South Bend, Dept of Community & Economic Development, C/O Dave Relos 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: Utility Easement & Legal Description for the Bosch Substation on the north side of Bendix along Goodland Avenue. 1.2 PERFORMANCE OF WORK: The work to be performed under this agreement shall begin 12-19-2012 pending approval and contract execution. 1.3 CONTRACT SUM: The Owner/Buyer agrees to pay the Surveyor for the performance of this contract, the total sum of $995.00. 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 $500.00 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: Lot 1, Bosch Corporation Minor Subdivision. 2.2 MEANS OF ACCESS: Site access is provided by the arrangement checked below: n 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 Dept of Community & Economic Development, C/O Dave Relos and Surveyor, Lang, Feeney & Associates, Inc., and shall not be modified except in writing, signed by the parties hereto. Accepted by Owner/Buyer Surveyor City of South Bend Lang, Feeney & Associates, Inc. Dept of Community & Economic Dev 715 South Michigan Street 227 W Jefferson South Bend, Indiana 46601 South Bend, In 46601 574-233-1841 574-235-5836 DATE: DATE: (3)