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HomeMy WebLinkAboutNo. 3121 approving and authorizing the execution of an Addendum to teh Master Agency Agreement (Main-Lafayette Corridor)RESOLUTION NO. 3121 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Main- Lafayette Connector — Construction Inspection Services) WHEREAS, effective January 1, 2013, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the South Bend Board of Public Works (the "BPW ") entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Main - Lafayette Connector — Construction Inspection Services to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Main- Lafayette Connector — Inspection Services) and hereby authorizes its execution in substantially the form attached hereto with such changes as the Commission may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Commission's approval of such changes. The Clerk is hereby directed to file a copy of the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on February 14, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPM N Marcia I. Jones, esident South Bend Redevelopment Commission ATTEST: 44Z� Off• Donald Alford, Sr/1 Secretary South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Main- Lafayette Connector — Construction Inspection Services) 3121 -13 This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 26th day of February, 2013, by and between the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission ") and the City of South Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works (the "BPW ") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake the Main - Lafayette Connector — Construction Inspection Services (the "Project "). WHEREAS, effective January 1, 2013, the Commission and the BPW entered into a Master Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission for certain projects during 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Main - Lafayette Connector — Construction Inspection Services to the Master Agency Agreement by way of this Addendum. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the BPW and the Commission agree as follows: The Commission hereby empowers and appoints the BPW, pursuant to the Master Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and managing the completion of the Project, the scope of said Project being more specifically described in "Exhibit A ", attached hereto and made a part hereof. 2. All of the terms and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Commission staff members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this resolution. (Signature Page Follows) IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Don Inks, Member Kathryn Roos, Member Mark Neal, Member Michael Mecham, Member ATTEST: Linda Martin, Clerk Exhibit "A" Main - Lafayette Connector — Construction Inspection Services See attached proposal from Lawson - Fisher Associates P.C. dated February 1, 2013 GREGORY L. HOLDEN, P.E. FAVAVA PAUL A. HUMMEL, P.E. PIPER C. TITTLE, P.E. LAWSON - FISHER ASSOCIATES P.C. MICHAEL J. GUZIK, P.E. 9021.55 THOMAS S. SHARP, P.E. February 1, 2013 THERESA E. HARRISON, P.E. JON E. RIEMKE, P.E. JEFFREY L. Mr. Toy Villa RANDOLPH M NDLEY, P.E. Manager — Bureau of Public Construction CHRISTOPHER J. DETER, P.E. Division of Engineering DENNIS A. ZEBELL, P.E. BENJAMIN P. HOLDEN, P.E. City of South Bend DAN G. DELGADO, P.E. 227 W. Jefferson Blvd., Room 1308 MICHAEL F. JOHNSTON, P.E. South Bend, IN 46601 JEFFREY M. BYRD, P.E. JARED M. HUSS, P.E. SKY K. MEDORS, P.E. RE: Professional Engineering Services Proposal GINA a WEILBAKER, P.E. Main to Lafayette — Construction Inspection Service AARON W. BLANK, P.L.S., P.E. BREAGAN P. EICHER, P.E. KEVIN J. SIEDLECKI, P.E. Dear Mr. Villa: RICHARD A. CHAPMAN,11, P.E. Based upon our previous conversations, Lawson - Fisher Associates P.C. (LFA) is submitting this proposal to provide Professional Engineering Services for Construction Inspection of the Main to Lafayette Connector Project scheduled to begin in 2013. It is our understanding that the Project includes the construction of a new road alignment of Main Street and Lafayette Boulevard between Ireland Road and Chippewa Avenue and the associated side streets. The Project includes new curb and gutter, sanitary sewers, water mains, retention pond excavation, roadway excavation and fill, pavement, maintenance of traffic, and erosion and sediment control. Based on our knowledge of the project schedule, it is anticipated that the Notice to Proceed with construction will be issued by March 4, 2013. With time for mobilization and other miscellaneous project start-up items, it is estimated that a construction inspector would be needed beginning around March 18, 2012. The project is scheduled for Final Completion by October 31, 2013. SCOPE OF SERVICES: Per your request, the following is our Scope of Services to provide full time construction inspection for the Main to Lafayette Connector Project: LFA will provide an inspector for the project to be onsite during the construction activities. Per our discussions, the City has requested that the proposal be based on one (1) inspector onsite Monday thru Friday assuming eight (8) hour workdays. LFA will keep all records, as required, by the City of South Bend's Construction Manager, including, but not limited to, daily records, daily construction photos, daily measurements, pay applications, change orders, verification of independent testing agency's results and project schedule. LFA will administer progress meetings, keeping and distributing meeting minutes, answering questions as the City's representative, and project completion and closeout documentation. 625 WEST WASHINGTON AVENUE • SOUTH BEND, INDIANA 46601 •574 -234 -3167. 574 - 236 -1330 (FAX) L FAVAVA Mr. Toy Villa February 1, 2013 Page 2 FEE AND SCHEDULE: Based on the above Scope of Services and the anticipated construction schedule we propose to provide the construction inspection services on an hourly basis per Attachment "A" with a not -to- exceed fee of $144,320. The maximum hourly rate that will be utilized for construction inspection services on this project is $110.00 per hour. LFA will provide review of Contractor submittals on an hourly basis per Attachment "A" with a not -to- exceed fee of $8,000. These fees will not be exceeded without prior written approval. You may accept this proposal by signature in the space provided below. We look forward to working with you on this project. If you have any questions or comments, please let us know. Very truly yours, LAWSON- FISHER ASSOCIATES P.C. Paul A. Hummel, P.E. Senior Vice /Prresident/Senior Civil Engineer 'J )v X . Sky K. Medors, P.E. Senior Civil Engineer PAH:SKM /sab Encls. c: Bill Schalliol w /Encls. Michael F. Johnston, P.E. w /Encls. ACCEPTED AND APPROVED THIS DAY OF 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS Gary A. Gilot, President Donald Inks, Member Kathryn E. Roos, Member Mike Mecham, Member Mark Neal, Member L FAVAVA ATTACHMENT A LAWSON- FISHER ASSOCIATES P.C. PAYMENTS TO ENGINEER 1. Methods of Payment for Services and Expenses of ENGINEER. OWNER shall pay ENGINEER for professional Services and Expenses as follows: 1.1 Basic Services: 1.1.1 General. For Services rendered an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for all time for Basic Services rendered by principals and employees engaged directly on the Project. 1.1.2 Resident Project Services. For services of ENGINEER's Resident Project Representative (and assistants) furnished for the project on the basis of Salary Costs times a factor of 2.37 for services rendered by principals and employees assigned to Resident Project representation. 1.1.3 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Basic Services, the amount billed to ENGINEER therefor times a factor of 1.10. 1.1.4 Operational Phase Services. For Operational Phase services furnished, an amount equal to ENGINEER's Salary Costs times a factor of 2.37 for services rendered by principals and employees engaged directly on the Project. 1.2 Additional Services: 1.2.1 General. For Additional Services of Engineer's principals and employees engaged directly on the Project and rendered (except services as witness), on the basis of ENGINEER's Salary Costs times a factor of 2.37. 1.2.2 Professional Associates and Consultants. For services and Reimbursable Expenses of independent professional associates and consultants employed by ENGINEER to render Additional Services, the amount billed to ENGINEER therefor times a factor of 1.10. 1.2.3 Serving as a Witness. For services rendered by ENGINEER's principals and employees as consultants or witnesses in any litigation, arbitration or other legal or administrative proceeding at the rate of 1.35 times the rates in Paragraph 1.2.1. Compensation for ENGINEER's independent professional associates and consultants will be on the basis provided in paragraph 1.2.2. 1.3 Reimbursable Expenses. In addition to payments provided for in paragraphs 1.1 and 1.2, OWNER shall pay ENGINEER the actual costs (except where specifically provided otherwise) of all Reimbursable expenses incurred in connection with all Basic and Additional Services. 1.4 Specialized Equipment. In addition to payments set out above, a charge may be made for specialized equipment usage as required. 2. Times of Payments. 2.1 Engineer shall submit invoices covering each calendar month for Basic and Additional Services rendered and for Reimbursable Expenses incurred. OWNER shall pay ENGINEER promptly within thirty (30) calendar days following the ENGINEER's rendering of these invoices to the OWNER. Pagel of 2 1/16/08 3. Other Provisions Concernine Payments: 3.1 In the event of termination by OWNER upon the completion of any phase of the Basic Services, progress payments due ENGINEER for services rendered through such phase shall constitute total payment for such services. In the event of such termination by OWNER during any phase of the Basic Services, ENGINEER also will be reimbursed for the charges of independent professional associates and consultants employed by ENGINEER to render Basic Services, and paid for services rendered during that phase on the basis of ENGINEER's Salary Costs times a factor of 2.37 for services rendered during that phase to date of termination by ENGINEER's principals and employees engaged directly on the Project. In the event of any such termination, ENGINEER will be paid for all unpaid Additional Services and unpaid Reimbursable Expenses, plus all termination expenses. Termination expenses mean additional Reimbursable Expenses directly attributable to termination, which, if termination is at Owner's convenience, shall include an amount computed as a percentage of total compensation for Basic Services earned by ENGINEER to the date of termination, as follows: 20% if termination occurs after commencement of the Preliminary Design Phase but prior to commencement of the Final Design Phase; or 10% if termination occurs after commencement of the Final Design Phase. In the event of any such termination and upon payment for services pursuant to this Section, any completed work product of the Engineer shall be provided immediately to the Owner. 3.3 Records of ENGINEER's Salary Costs pertinent to ENGINEER's compensation under this Agreement will be kept in accordance with generally accepted accounting practices. Copies will be made available to OWNER at cost, if requested prior to final payment for ENGINEER's services. 3.4 Whenever a factor is applied to Salary Costs in determining compensation payable to ENGINEER, that factor may be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be in accordance with generally accepted accounting practices as applied on a consistent basis by ENGINEER and consistent with ENGINEER's overall compensation practices and procedures. 4. Definitions: 4.1 The Salary Costs used as a basis for payment mean salaries and wages (basic and incentive) paid to all ENGINEER's personnel engaged directly on the Project, including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. The amount of customary and statutory benefits of all personnel of ENGINEER will be considered to be equal to 33% of the salaries and wages, subject to equitable adjustment to reflect changes in ENGMEER's overall compensation procedures and practices. 4.2 Reimbursable Expenses mean the actual expenses incurred by ENGINEER or ENGINEER's independent professional associates or consultants directly or indirectly in connection with the Project, such as expenses for: transportation and subsistence incidental thereto; obtaining the bids or proposals from Contractor(s); providing and maintaining field office facilities including furnishings and utilities; subsistence and transportation of Resident Project Representatives and their assistants; toll telephone calls and telegrams; reproduction of Reports, Drawings, Specifications, Bidding Documents and similar Project- related items in addition to those required under Section 1; and if necessary, overtime work required higher than regular rates. 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