HomeMy WebLinkAboutPSA - Prepare ALTA NSPS Land Title Survey for 215 Martin Luther King Jr. Blvd. – Danch, Harner & Associates, Inc.
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
February 22, 2022
Mr. Michael Danch
Danch, Harner, and Associates, Inc
1643 Commerce Dr.
South Bend, IN 46628
mdanch@danchharner.com
RE: Professional Services Agreement
Dear Mr. Danch:
At its February 22, 2022 meeting, the Board of Public Works approved the above
referenced agreement to prepare an ALTA/NSPS land title survey for 215 Martin Luther King
Jr. Blvd. (SBSC Administrative Building) in the amount of $3,550 (hourly rate) for 33-40 days.
Enclosed please find a copy of the amendment for your records.
If you have any further questions, please call this office at (574) 235-9251.
Sincerely,
/s/ Laura Hensley/Acting
Clerk
Enclosures
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AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement For Professional Services (this “Agreement”) is entered into on
_______ __, 2022 (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, and Associates, Inc.,
with its principal place of business located at 1643 Commerce Drive, 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 “Proposal”),
which Proposal is incorporated herein. In the event of any conflict between the terms of this
Agreement and the terms of the Proposal, 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. Compensation. 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
the Program Fee stated in the Proposal (the “Contract Amount”) in accordance with the project
budget stated in the Proposal. The City will pay the Contract Amount in installments upon
invoicing by the Provider as set forth in the Proposal (each a “Contract Installment”). 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-
4, payments are subject to annual 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
February 22
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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.
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. Work Product; Ownership. The Provider will submit its work product to the City
in accordance with the terms of the Scope of Work. Any and all work product submitted by the
Provider to the City as part of the Provider’s performance of the Services shall be free from claims
of infringement and will become the exclusive property of the City. 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. The City agrees, to the fullest extent permitted by law, to indemnify, defend,
and hold harmless the Provider against any damages, liabilities, or costs, including reasonable
attorneys’ fees, arising from or allegedly arising from or in any way related to or connected with
the reuse or modification of the deliverables by the City. The City will credit the Provider each
time the deliverables are used.
8. Indemnification 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.
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.
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Provider: City:
Danch, Harner, and Associates, Inc. City of South Bend
1643 Commerce Drive Department of Community Investment
South Bend, IN 46628 227 W. Jefferson Blvd, 1400S
Attn: Michael Danch, South Bend, IN 46601
President Attn: Andrew Netter
Senior Planner
11. Equal Opportunity; Non-Discrimination; Compliance. 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 persons not authorized to work in the United States).
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. Non-Collusion and Acceptance. The undersigned attests, subject to the penalties
of perjury, that he/she is the properly authorized representative, agent, member or officer of the
Provider and that he or she has not, nor has any other member, employee, representative, agent or
officer of the Provider or any subcontractor hereunder, directly or indirectly, to the best of his or
her knowledge after due inquiry, entered into or offered to enter into any combination, collusion
or agreement to receive or pay, and that he or she or any employee or subcontractor hereunder 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 face hereof.
13. Procurement. To the extent that the Provider will be preparing any documentation
that will be a part of the public procurement process, the Provider shall work with the City to
ensure that all applicable statutes, regulations, ordinances, and policies are followed. Further, the
Provider agrees, as a condition precedent to the effectiveness of this Agreement, that its authorized
representative will execute and submit to the City and any other appropriate bodies an affidavit in
the form attached hereto as Exhibit B.
14. 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.
15. Entire Agreement; Amendment; 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
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representatives of both the Provider and the City. This Agreement will be construed and
interpreted according to the laws of the State of Indiana, and any dispute arising out of this
Agreement or otherwise concerning the Provider’s rendering of the Services will be resolved in
the courts located in St. Joseph County, Indiana, unless the Parties mutually agree to a different
method of dispute resolution.
16. Severability. All provisions of this Agreement shall be considered as separate terms
and conditions, and in the event any one shall be held illegal, invalid or unenforceable, all the other
provisions hereof shall remain in full force and effect as if the illegal, invalid, or unenforceable
provision were not a part hereof, unless the provision held illegal, invalid or unenforceable is a
material provision of this Agreement, in which case the Provider and the City agree to amend this
Agreement with replacement provisions containing mutually acceptable terms and conditions.
17. No Waiver. No failure or delay on the part of either Party in exercising any right
under this Agreement will operate as a waiver of, or impair, any such right. No single or partial
exercise of any such right will preclude any other or further exercise thereof or the exercise of any
other right. No waiver of any such right will have effect unless given in a written document signed
by the Party waiving such right. No waiver of any right will be deemed a waiver of any other right
hereunder.
18. Force Majeure. The Provider shall not be responsible for any failure or delay in the
performance of any obligation hereunder, if such failure or delay is due to a cause beyond the
Provider’s reasonable control, including, but not limited to acts of God, nature, or government.
19. Counterparts. This Agreement may be executed in two or more counterparts,
which together shall constitute one and the same agreement among the Parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement for Professional
Services to be effective as of the Effective Date stated above.
[ SIGNATURES ON FOLLOWING PAGE ]
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PROVIDER:
DANCH, HARNER,
AND ASSOCIATES, INC.
By:
Michael Danch, President
February 22, 2022
24203589.2
EXHIBIT A
Proposal
[See attached.]
Mr. Andrew Netter February 7, 2022
South Bend Community Investment
14th Floor County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
Re: Preparation of an ALTA Survey for 215 MLK Jr. Blvd.,
South Bend, Indiana:
Dear Mr. Netter:
Please accept this letter as our written cost proposal to provide you with Survey services to
prepare an ALTA Survey for property located at 215 Martin Luther King, Jr. Blvd., (MLK Jr.
Blvd.), South Bend, Indiana. The ALTA survey would include items 1-4, 6, 8, 10 and 11 (a)(b),
16, 18 and 19 from Table “A” of the revised ALTA/ASCM Land Title Survey Minimum
Standard Detail Requirements effective 2021. The ALTA Survey will show easements of record
that affect the property based on provided title work. We will also show any marked utility lines
which are visible or have been marked. We would ask that the owner request utilities to be
marked for the site.
Our cost estimate for the survey work is shown below:
A). ALTA Survey;
1). The cost for the preparation of an ALTA Survey including items 1-4, 6, 8, 10 and 11 (a)(b),
16, 18 and 19 from Table “A” of the revised ALTA/ASCM Land Title Survey Minimum
Standard Detail Requirements effective 2021. The ALTA Survey will show easements of record
that affect the property based on provided title work would be……………….…………...$ 3,550;
(Any requested drawing revisions would be done at our standard hourly rates, which are
attached.)
If this proposal is acceptable, our schedule at the present time would be to have a crew on-site
within 30-35 working days with permitting weather. The drawing would be sent within 3-5
working days or less at the completion of the field work.
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We will also require updated title work for the property to be surveyed for the ALTA. We
would ask that the owner contact utility locates so that any on-site utilities are marked.
If you have any questions concerning this matter, please feel free to give me a call at (574)
234-4003.
Sincerely, Approved By: _______________________________
Michael J. Danch Date: __________________
Michael J. Danch
President
Danch, Harner & Associates, Inc.
Danch, Harner & Associates, Inc.
Effective Date: January 2022
SCHEDULE OF HOURLY RATES AND DIRECT EXPENSES
CLASSIFICATION HOURLY BILLING RATE
Senior Professional Engineer $150.00
Engineering Designer $95.00
Project Engineer $95.00
Senior Professional Land Surveyor $150.00
Senior Survey/Engineering Tech $95.00
Survey/Engineering Tech $65.00
Senior Professional Landscape Architect $150.00
Survey Manager $80.00
Two Person Field Crew $140.00
Principal $160.00
Clerical $55.00
ITEM UNITS UNIT PRICE
Mileage Miles $0.50
Copies* Each $0.25
Standard Size Prints (24 x
36)
Each $5.00
Oversize Prints Square Foot $1.00
Vellums (24 x 36 size) Each $15.00
Overnight Travel:
Meals Cost
Lodging Cost
Public Transportation Cost
*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 NOT CHARGED FOR PROJECTS WITHIN ST.
JOSEPH COUNTY, INDIANA OR BERRIEN COUNTY, MICHIGAN.
24203589.2
EXHIBIT B
Contractor’s Affidavit
[See attached.]