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Department of
Community Investment
Ii u[a1, i i _ ><lit i�
Tuesday, January 08, 2013
TO: Redevelopment Commission
FROM: Jitin Kain -W-
SUBJECT: Professional Services Agreement for Concept Design of Citizen's Bank Plaza
On November 8, 2012, the Redevelopment Commission approved a license agreement with 112 W.
Jeff LLC for renovation work on the plaza that is situated on the SW corner of Michigan St. and
Jefferson Blvd., formerly known as the Wells Fargo Plaza. Commissioners also approved a budget for
this project in the amount of $295,214.20 from the SBCDA TIF.
The attached professional services agreement is for the concept design of the plaza. The concept
design will look at creating a public space that allows for live entertainment and public events,
landscape features, lighting and incorporating a Studebaker emblem. The plaza area was home to
the Studebaker Brothers first production facility so has historic significance. Given this, an
opportunity exists to rebrand this plaza.
Staff requests approval of the attached professional services agreement in the amount of not -to-
exceed $3000. Design fees are part of the approved project budget of $295,214.20.
AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA
AND JENNIFER L. & JOHN R. GRIFFIN
THIS AGREEMENT is made effective the day of January, 2013, by and
between the City of South Bend, Indiana, Department of Community Investment, acting by and
through the South Bend Redevelopment Commission (the "City") and Jennifer L. & John R.
Griffin having their principal place of business at 1555 Turtle Creek Drive, South Bend, IN
46637 (the "Contractor").
For and in consideration of the mutual covenants and promises contained herein, the City
and the Contractor hereby agree as follows:
Section 1. Duties of the Contractor.
The Contractor shall provide the Services which are more particularly described at Exhibit "A"
attached hereto and incorporated herein. The Contractor shall execute its responsibilities by
following and applying at all times the highest professional and technical guidelines and
standards.
Section 2. Consideration.
The Contractor will be paid as set forth at Exhibit "A ". The total consideration under this
Agreement shall not exceed the sum of Three Thousand and No /100 Dollars ($3,000.00). Any
payment that the City may deny or withhold or delay shall not be subject to penalty or interest
pursuant to Indiana Code §5 -17 -5.
Section 3. Term.
This Agreement shall be effective for a period of twelve (12) months commencing on January 1,
2013 (the "Effective Date ") and shall end on December 31, 2013 (the "Expiration Date ").
Section 4. Assignment; Successors.
The Contractor shall not assign or subcontract the whole or any part of this Agreement without
the prior written consent of the City.
Section 5. Changes in Scope of Services.
The Contractor understands and agrees that it shall not commence any additional work or change
the scope of the Services provided unless authorized in writing by the City. No claim for
additional compensation shall be made by Contractor in the absence of prior written approval by
the City.
Section 6. Reversion of Assets.
At the conclusion, cancellation, assignment or termination of this Agreement, all work product in
whatever form, written, electronic, or otherwise, shall be delivered to the City, and the Parties
hereby agree the City and not the Contractor or any of the Contractors subcontractors or agents,
has any ownership interest in the work performed as part of this Agreement.
Section 7. Relationship /Independent Contractor.
Both parties, in the performance of this Agreement, shall act in an individual capacity and not as
agents, employees, partners, joint venturers or associates of one another. The employees) or
agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of the
other patty for any purpose whatsoever. Neither party will assume liability for any injury
(including death) to any person(s), or damage to any property, arising out of the acts or
omissions of the agents, employees or subcontractors of the other party. The Contractor shall be
solely responsible for providing all necessary unemployment and workers' compensation
insurance for the Contractor's employees.
Contractor is solely responsible for compliance with federal, state and local laws and regulations
relating to taxes and social security payments that may be required to be made in connection with
the compensation provided under this Agreement. The City, however, may file informational
returns with the United States Internal Revenue Service or similar state agency regarding
payment made to Contractor in accordance with this Agreement under conditions imposed by
federal, state or local laws applicable to such payment. The City shall provide IRS Form 1099 if
applicable.
Section 8. Funding Cancellation and Payments.
In accordance with I.C. 36- 1- 12.5- 5(d)(4), payments by the City are subject to appropriation by
the South Bend Redevelopment Commission.
Section 9. Non - Collusion and Acceptance.
The undersigned attests, subject to the penalties for perjury, that he /she is the Contractor, or that
he /she is the properly authorized representative, agent, member or officer of the Contractor, that
he /she has not, nor has any other member, employee, representative, agent or officer of the
Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or
offered to enter into any combination, collusion or agreement to receive or pay, and that he/she
has not received or paid, any sum of money or other consideration for the execution of this
Agreement other than that which appears upon the fact of this Agreement.
Section 10. E- Verify.
The Contractor affirms under the penalties of perjury that he /she /it does not knowingly employ
an unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all
his/her /its newly hired employees through the E -Verify program as defined in IC 22- 5- 1.7 -3. The
Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor
shall not retain an employee or contract with a person that the Contractor subsequently ]earns is
an unauthorized alien.
The Contractor is not required to participate in the E -Verify program should the E- Verify
program cease to exist. Additionally, the Contractor is not required to participate if the
Contractor is self - employed and does not employ any employees.
The Contractor shall require his/her /its subcontractors, who perform work under this contract, to
certify to the Contractor that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E- Verify
program. The Contractor agrees to maintain this certification throughout the duration of the term
of a contract with a subcontractor.
The City may terminate 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.
Section 11. Minority and Womens Enterprise Diversity Development.
Persons, partnerships, corporations, associations, or joint venturers awarded a contract by the
City of South Bend through its agencies, boards, or commissions shall not discriminate against
any employee or applicant for employment in the performance of a City contract with respect to
hire, tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly
related to employment because of race, sex, religion, color, national origin, ancestry, age, or
disability that does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials,
or any combination of the foregoing including, but not limited to, public works contracts
awarded under public bidding laws or other contracts in which public bids are not required by
law, the City, its agencies, boards, or commissions may consider the Contractors good faith
efforts to obtain participation by those Contractors certified by the State of Indiana as a Minority
Business ( "MBE ") or as a Women's Business Enterprise ( "WBF" as a factor in determining the
lowest, responsible, responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1)
year from the date of such determination, and such determination may also be grounds for
terminating the contact for which the discriminatory practice or noncompliance pertains.
Notwithstanding the foregoing, the award and performance of all City contracts shall comply
with applicable federal, state, and local laws.
Section 12. Signing Authority.
The person signing on behalf of the Contractor represents that he/she has been duly authorized to
execute this Agreement on behalf of the Contractor, and has obtained all necessary and
applicable approvals to make this Agreement fully binding upon the Contractor after acceptance
by the City.
Section 13. Drug -Free Workplace.
The Contractor hereby agrees to make a good faith effort to provide and maintain a drug -free
workplace. The Contractor will give written notice to the City within ten (10) days after
receiving actual notice that the Contractor or an employee of the Contractor within the State of
Indiana has been convicted of a criminal drug violation occurring in the workplace.
Section 14. Governing Law; Compliance with Laws.
This Agreement shall be construed and interpreted according to the laws of the State of Indiana.
The Contractor agrees to comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby are hereby incorporated herein by
reference. The Contractor shall comply with federal, state and local law in its hiring and
employment practices and policies for any activity covered by this Agreement. Further, the City
shall not be required to pay for Services that are inconsistent with or in violation of this
Agreement nor for any Services performed in violation of federal, state or local statute,
ordinance, rule or regulation.
Section 15. Entire Agreement.
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.
(Remainder of page intentionally left blank)
IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures hereby agree to its terms.
JENNIFER L. & JOHN R. GRIFFIN
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Signature
Printed ame and it e
South Bend Redevelopment Commission
ATTEST:
Printed Name and nde
South Bend Redevelopment Commission
Signature Page to Service Agreement by and between Redevelopment Commission and Jennifer
L. & John R. Griffin
EXHIBIT A
Scope of Services
See Letter from Jennifer L. Griffin
Dated 1/4/2013
Attached Hereto
JENNIFER L. & JOHN R GRIFFIN
1555 Turtle Creek Drive. South Bend, IN 46637 718.757.9890 718.757.0928
January 04, 2013
Mr. Jitin Kam
Department of Community Investment
City of South Bend
227 W. Jefferson Blvd., Suite 1200
South Bend, IN 46601
Re: Former Wells Fargo Plaza, South Bend, IN
Services for Conceptual Design
Dear Jitin:
This letter is a follow -up to our recent discussion concerning fees for a conceptual plaza design
for the city of South Bend.
PROJECT DESCRIPTION
The project is located at West Jefferson Boulevard and South Michigan Street in South Bend, IN.
It is anticipated that this approximately 10,000 sf outdoor plaza will provide the following:
• Active space with moveable furniture for live entertainment and public events.
• A combination of hardscape and landscape features.
• Potential for an outdoor kiosk or seasonal vendor.
• Incorporation of a precast Studebaker "S" historic marker.
• Potential private restaurant seating.
SCOPE OF SERVICES FOR CONCEPT DESIGN PACKAGE
We expect that this concept package will be used for pricing purposes and as a basis for the
development of construction documents by the architect of record. We anticipate that we will
conduct one design charrette meeting with the City of South Bend (the Client), the developer,
and the architect of record to finalize the program and client goals. Revisions resulting from the
Client's pricing and value engineering efforts after delivery of the conceptual design package
will be addressed as an additional service.
The Concept Design Package will include the following:
1. Site plan indicating dimensions and materials.
2. Typical enlarged aesthetic design details as necessary.
Page 1 of 2
DeparWeot of Coni uuni[,v Investment, City of South Bend
227 W. Jefferson Blvd., Suite 1200, South Bmd, IN 46601
Re: Services for Conceptual Design
FEES FOR FULL SCOPE OF CONCEPTUAL DESIGN SERVICES
Total conceptual design fees $3,000
All reimbursable expenses shall be billed in accordance with the attached Standard Terns and
Conditions.
Sincerely,
LIA , /-. Z' �/'� �
Jennifer L. Griffin
cc: John R. Griffin
Enclosure: Standard Terms and Conditions
ACCEPTED, on behalf of the Redevelopment Commission of South Bend
President, Redevelopment Commission Date
Page 2 of 2
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EASEMENT & RIGHT OF WAY
Tax ID No. 018 -3053- 2071(71 -08- 11402- 002.000 -026)
Easement No. IN121050
Map No. 575
THIS INDENTURE, made by and between the CITY OF SOUTH BEND, INDIANA, a Municipality,
whose address is 227 W. Jefferson Blvd., South Bend, Indiana 46601 (the "Grantor', and INDIANA MICHIGAfJ�
POWER COMPANY, an Indiana Corporation, whose post office address is P.O. Box 60, One Summit Square, Fort
Wayne, Indiana 46801 (the "Grantee ).
WITNESSETH, that for One ($1.00) Dollar and other good and valuable consideration in hand
paid, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor does hereby grant and convey
to Grantee a THIRTY (30') FOOT WIDE RIGHT -OF -WAY AND EASEMENT (see Exhibit "A" attached hereto
for the speck dimensions and location identification) for the construction, operation, use, maintenance,
repair, renewal, and removal of a line or lines of overhead and underground facilities and equipment for the
transmission of electrical energy and for communication purposes, including the right to permit attachments of
others to said facilities, in, on, along, under, over, across, and through the said easement, which easement is
located on the following described REAL ESTATE, to -wit:
A part of the West Half of the Southeast Quarter of Section 11, Township 37 North, Range 2 East, Portage
Township, St. Joseph County, Indiana, being particularly described as follows:
A 30 -foot strip of land along the southern most property line of the parcel of land known as a Part
of Lot 68 of the PLAT OF OUTLOTS, TOWN OF SOUTH BEND and more particularly identified in
Exhibit "A" attached hereto and made a part hereof.
Vesting Deed : Document
Record recorded in the
Office of the Recorder of St. Joseph County, Indiana.
TOGETHER with the right of ingress and egress to, from, and over said premises, and also the right
to cut,
trim and/or remove any trees or bushes which may endanger the safety or interfere with the construction,
maintenance, or use of said facilities.
GRANTEE shall promptly repair or replace all physical damage on the premises proximately
caused by the construction, operation, and maintenance of Grantee's facilities.
GRANTOR warrants that no structure or building shall be erected upon said easement.
AFTER the completion of said system, the Grantor reserves the full use of the land which is not
inconsistent with the existence and maintenance of said facilities but does agree not to change elevation or grade
within the area of said easement without the written prior consent of Grantee.
IT IS AGREED that the foregoing is the entire contract between the parties hereto, and that this
written agreement is complete in all its terms and provisions and shall be binding on their respective
representatives, heirs, successors, and assigns.
THE UNDERSIGNED PERSON executing this document on behalf of Grantor, represents and
certifies that he /she is duly authorized by the Grantor and has been fully empowered to execute and deliver this
document; that Grantor has full capacity to convey the real estate described here; and that all necessary action for
the making of such conveyance has been taken and done.
IN WITNESS WHEREOF, the Grantor(s) has(ve) hereunto set his hand(s) and seal(s).
DATED: bUe(n6 aG,'Z0 /a
STATE OF
) SS.
CITY OF SOUTH BEND, INDIANA
A Municipality
By: 'Liv (:� Z'
its �}R1We
(PLEASE PRINT YOUR NAME ANDTT.E ON THIS UWE E% %Y AS IN APPEARSAB E)
CO ,j(JTY OF 11
t BefoCe me, a Notr Public in and for said County_and State, on h�eP"` m4- 02.6 20i�
personally appeared Dorvi( ri E 1 1 rvlcS the QuNwnad V r k{8f THE CITY OF SOUTH BEND,
INDIANA, a Municipality, and acknowledged execution of the foregoing ocument for and on behalf of said Grantor,
and who, having been duly sworn, stated that the representations therein contained are true.
WITNESS my hand and Notarial Seal.
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(SEA My Commission Expires: Notary Publler - --
nye���d 211/2016 OUnty,
My Commission
Expires:
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in
this document, unless required by law. Lawrence J. Meteiver.
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200S County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601, (574) 235 -9294.
Jennifer H. Hollinger .
. � %
'SEAL. *'_ S
SL Joseph County /
/ r V 41
I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in
this document, unless required by law. Lawrence J. Meteiver.
This instrument was prepared by Lawrence J. Meteiver, Assistant City Attorney, 1200S County -City Building, 227 W.
Jefferson Blvd., South Bend, Indiana 46601, (574) 235 -9294.
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EXHIBIT "A"
EASEMENT IN121050, MAP 575
PIN 018- 3053 - 2071(71 -08 -11- 402. 002.000 -026)
GRANTOR 50 BEND HOUSING AUTHORITY
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