HomeMy WebLinkAbout6E1to,E-J-
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Department of
Community Investment
Memorandum
June 21, 2013
TO: Redevelopment Commission
FROM: Jitin Kain -*�
SUBJECT: Addendum to Master Agency Agreement- Hill St. Improvements
Attached to this memorandum is Resolution 3146 and Addendum to the Master Agency Agreement
(Hill St. Improvement Project) which authorizes the Board of Public Works to act as the Commission's
agent and sets the budget for the improvements.
South Bend Heritage Foundation is in the process of constructing 13 single family homes on vacant
lots on Hill St. between Crescent and Corby. Currently these lots are a detriment to the neighborhood
and add to the perception of crime and safety.
The estimate for improvements provided by the South Bend Heritage Foundation covers replacement
of substandard curb, sidewalk, alley paving, and ADA corners along Hill St. between Crescent and
Corby. Curb, sidewalk, and alley curb cuts that are new or in otherwise good condition are to remain
in place. The estimate also includes the cost to prepare construction and public bidding documents.
The total project budget for the improvements is $168,922.
A strong Hill Street will only strengthen the surrounding streets and encourage development on
adjacent private vacant lots and renovations to existing houses. Staff requests approval of the above
project budget from the NNDA TIF, Resolution 3146 and the Addendum to the Master Agency
Agreement (Hill St. Improvements).
227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574- 235 -9021 1 SOUTHBENDIN.GOV
RESOLUTION NO. 3146
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF
AN ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Hill St. Improvements, Northeast Neighborhood)
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 Hill St. Improvement Project in the Northeast Neighborhood 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 (Hill St. Improvement Project, Northeast Neighborhood) 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
June 26, 2013, at 8:30 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
ATTEST:
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Hill St. Improvements, Northeast Neighborhood)
3146 -13
This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as
of the 26th day of June, 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 Hill St.
Improvement project (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
Hill St. Infrastructure project 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:
1. 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.
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
Dave Relos, Member
Kathryn Roos, Member
Mark Neal, Member
Michael Mecham, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
Scope of Services by Abonmarche Consultants, Inc. for $19,300
Estimated Project Budget: 168,922
=§ABON"RCHE
Confidence By Design
June 20, 2013
Mr. Jitin Kain, Director of Planning
City of South Bend
Department of Community Investment
227 West Jefferson Boulevard, Suite 1400S
South Bend, IN 46601
RE: PROPOSAL FOR ENGINEERING SERVICES
Hill Street Improvements
Crescent Avenue to Corby Boulevard
South Bend, Indiana
Dear Mr. Kain:
Engineering
Architecture
Land Surveying
Marina /Waterhont
Community Planning
Landscape Architecture
Development Services
ABONMARCHE CONSULTANTS is pleased to present this proposal to provide professional
services for the proposed project referenced above. Our proposal is based on previous
discussions and meetings with the South Bend Heritage Foundation.
We greatly appreciate the opportunity to submit our proposal and look forward to working
with you on this project. Our work plan and fee schedule are set forth in Appendix A.
If our proposal is acceptable please
agreement to authorize us to proceed.
South Bend. If you have any questions
office at (574) 232 -8700.
Sincerely,
ABONMARCHE CONSULTANTS, INC.
Bradley E. Mosness, PE
Project Manager
sign and return a copy of the enclosed standard
We thank you for this opportunity to serve the City of
or concerns, please do not hesitate to contact our
750 Lincoln Way East 341 Airport North Office Pork 95 West Main Street
South Bend, IN 46601 Fort Wayne, IN 46825 Benton Harbor, MI 49022
574.232.8700 260.497.8823 269.927.2295
www.abonmarche.com
361 Fist Street
Manistee, MI 49660
231.723.1198
503 Quaker Street
South Haven, MI 49090
269.637.1293
r IS
®': r.
APPENDIX A
WORK PLAN
PROJECT SCOPE
City of South Bend
Proposal for Engineering Services
Hill Street Improvements
June 20, 2013
Page 2 of 4
The proposed project consists of replacing sections of curbs and sidewalks on Hill Street
between Crescent Avenue and Corby Boulevard, and constructing a new paved alley,
approximately 1,000 feet, parallel to Hill Street on the west side with two approaches on Hill
Street and one approach on Corby Boulevard. In addition, the vacated Kalorama Street
approach shall be removed and new sewer /water services designed for the new residential
lot created from the street vacation. We will incorporate our platting efforts previously
performed for South Bend Heritage Foundation to help reduce research and setup time. It is
our understanding that Tax Increment Financing (TIF) dollars will fund the project; therefore, the
project will either be bid or quoted through the City process.
SCOPE OF SERVICES
Based upon our understanding of the project goals and objectives, we propose to perform the
following services to assist the City with completing this community enhancement project:
Task #1: Field Survey
This task includes performing a topographic survey of the proposed project to determine the
location of existing features (sidewalks, curbs, pavement, manholes, inlets, visible utilities, etc.),
and to gather surface elevations of the alley right -of -way for new pavement. Prior to starting
the field survey, utility locates will be requested through Indiana 811 and utility maps will be
requested from the various utility companies.
Task #2: Engineering Design
This task includes preparing construction documents for the proposed project. We anticipate
these documents to include the City's standard cover sheet, maintenance of traffic if needed,
plan /profile sheets, construction details, and sewer /water details for the new residential lot.
This task also includes preparing the complete bid package consisting of special provisions,
front end requirements, calculating project quantities, bid proposal, and developing an
estimate of construction costs. We anticipate meeting with the City to kick -off the project,
and to review preliminary and final documents. After any revisions are made, a final set of
construction bid documents shall be submitted to the City. We anticipate working directly
with the City on setting the project schedule and advertisement dates.
City of South Bend
Proposal for Engineering Services
Hill Sheet Improvements
June 20, 2013
Page 3 of 4
Task #3: Bid Period Services
This task includes attending a pre -bid meeting, answering bid questions, preparing
addendums, if necessary, to the bid documents, and tabulating the bids and making a
recommendation of contract award.
Task #4: Construction Phase Services
This task includes attending a pre- construction meeting, answering any questions that arise in
the field, and attending onsite field progress meetings as required by the City and Contractor.
Task #5: Storm Water Pollution Prevention Plan (SWPPP)
If land disturbance is greater than one (1 ) acre, a SWPPP Permit is required. This task includes
preparing the required SWPPP, construction details, schedules, state and local permit
applications, and methods for controlling soil erosion in accordance with the City of South
Bend's MS4 Program. These documents shall be submitted for review prior to any earthwork
activities. Submittal and processing fees for this task are included in the proposed fee. Please
note this task does not include monitoring / onsite evaluations.
City of South Bend
Proposal for Engineering Services
Hill Street Improvements
June 2D. 2013
Page 4 of 4
FEES FOR SERVICES
ABONMARCHE shall receive as payment for the work performed under this contract the total
lump sum amount for each task listed below. All services below are open for one year. If not
completed within one year, Abonmarche reserves the right to adjust all uncompleted items for
cost of living increase.
ABONMARCHE will invoice the City on a monthly basis for the percentage of work completed
for the lump sum tasks listed below.
Base Services
Task#I Field Survey .................................................................... ...............................
$ 4,600
Task #2 Engineering Design ....................................................... ...............................
$ 10,000
Task #3 Bid Period Services ......................................................... ..............................$
1,200
Task #4 Construction Phase Services ....................................... ...............................
$ 1,000
TOTAL: ......................................................................................... ...............................
$ 16,800
If Reauired
Task #5 SWPPP (if land disturbance is greater than 1 acre) . ...............................
$ 2,500
GENERAL SCHEDULE
The following schedule is a general guideline of task durations pursuant to previous discussions
with South Bend Heritage providing authorization is received near the end of July.
Field Survey
Construction Documents and Specs
City Bid Process
Construction Start
2 weeks
4 weeks
September
October
Abonmarche Professional Services Agreement
AlONMAACHE
Conbdence by Desim
AGREEMENT between: Abonmarche Project Number:
Client name: CITY OF SOUTH BEND DEPARTMENT OF COMMUNITY INVESTMENT Date:
JUNE 20, 2013
Client address: 227 WEST JEFFERSON BOULEVARD, SUITE 14005, SOUTH BEND, IN 46601 Phone: 1574) 235 -5835
Cell:
Fax:
Email:
to as the Client, and Abonmarche Consultants, Inc., referred to as Abonmarche, of 750 Lincoln Way East, South Bend, IN 46601.
The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Project Name: HILL STREET IMPROVEMENTS
Location: CRESCENT AVENUE TO CORBY BOULEVARD
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as folows:
Scope of work: SET FORTH IN APPENDIX A
Project schedule: OUTLINED IN APPENDIX A
Special Provisions:
hereinafter referred
Abonmarche proposal /work plan, dated JUNE 20, 2013 is incorporated into this Agreement by reference, and is limited to the services
described therein.
The Client agrees to promptly pay for services provided by Abonmarche for the Scope of Work according to the following:
(fee $) BASE: $16,800.00 AS OUTLINED IN APPENDIX A I TASK #5 (IF REQUIRED): $2,500.00
Prior to commencement of services, the Client will specify any and all documentation that the Client requires far submission with the invoice for services
provided by Abonmarche. Absent any special request from the Client, Abonmarche will send its standard form of invoice.
B, after receipt of an invoice from Abonmarche, the Client has any questions. or if there are any discrepancies in the invoice, the Client shall identify the issue in
writing within ten (10) days of as receipt. If no written objection is made within the ten (10) day period, any such objection shall be deemed waived.
Abonmarche invoices are due upon receipt.
The Client has designated MR. JITIN KAIN, DIRECTOR OF PLANNING as its Representative. The Representative shall have the authority to
execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders, addenda, and additional services to
be performed by Abonmarche. The representative shal be the contact person for submission of all documents. invoices or communications.
Authorization to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above, and
that the Client is the responsible party for making payment to Abonmarche. By signing below. I acknowledge that I have received and oaree to the Terms
and Conditions on Page 2 of this Aareement. and 1 understand that the Terms and Conditions take precedence over all prior oral and written undersfandinas.
These Terms and Conditions can only be amended. supplemented, modified, or canceled by a written instrument signed by both parties. Any notice or other
communications shall be in writing and shall be considered to have been duly given when personally delivered or upon the third day after being deposited
into first class certified mail, postage prepaid, return receipt requested.
Authorized Client Representative
Authorized Abonmarche Representative
CRY OF SOUTH BEND DEPARTMENT OF
Client: COMMUNITY INVESTMENT
Signature:
Date Signed:
Printed Name: JOHN W. LINN
Signatures:
Tale: PRINCIPAL — CHAIRMAN OF THE BOARD
Abonmarche Consultants, Inc.
Originating Office: 750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
F 574.251.4440
Date Signed: JUNE 20. 2013
Revised 5 -4 -11 Page 1 of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
I. Agreement. These Terms and Conditions shad be incorporated by reference and
shal prevail as the bass of the Client's Agreement to Abonmarche. Any Client
document or communication in addition to or in conflict with these Teams and
Conditions shall be subordinate and subject to these provisions.
2. Execution. Abonmarche has the option to render this Agreement nul and von, I
R B is not executed within they (30) days of delivery.
3. Clew Responsibilities. The Client wig provide al ailerb and information
conceming the requirements of the Project. The Client wig assume responsibility
la bterpretatlon of contract documents and for construction observation and I
wig waive all claims against Abonmarche that may be In any way connected,
unless Abonmarche's services under this Agreement include full-time
construction observation or ni at contfactor's piummance.
4. Perfomance. The standard of care for services performed by or provided by
Abonmarche wit be the care and MINI ordinarily used by Abonmarche's I
profession practicing under similar circumstances at the same time and in the
same locality. Abonmarche makes no warranty, expressed a implied, with
respect to any services provided by Abonmarche. Abonmarche wig not be
Ili for any claim, damages, cost, or expense (including attorney's fees) or
other lablly or loss not directly and safety caused by the negligent acts, enask
or onsol of Abonmarche.
5. Hourly igloo Raes. If payment s on an hourly rote, Client will pay Abonmarche
al the current hourly billing rates. The hourly rates are adjusted annually or as
deemed appropriate. I
6. Relnbunable Expenses. Reimbursable expenses, the actual costs incurred
directly or Indirectly for the Client's Project, will be charged at Abonmarche's I
current rates. Examples of reimbursable expenses include, but are not limited to:
mileage, tests and analyses, special equipment services, postage and delivery
charges, telephone and lekfax charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permris. Suloommullant and outside technical or professional services will be
charged on the bash of the actual costs times a factor of 1.15.
]. Additional Servlces. Additional services that may be provided pursuant to the
Agreement or any subsequent modification of the Agreement wig be
authorized, when possible, by wriRen amendment signed on behal of the Client
and Abonmarche. Additional services, performed by Abonmarche are subject 2
to al Terms and Conditions and the Client will be responsible for payment.
Should the Client, regulatory agency, or any public body or inspector direct
modification or addition to services covered by this Agreement, the cost will be
added to the agreed price. Requests for extra services should be mode in
writing via a change order, but none the kiss, Abonmarche is entitled to be paid
far extra services provided whether or not A is In writing.
8. Underground Structures a Burled URltiles. The Client s responsible fa
dentifaafch and location of al pubic and private bused structures on the
Client's properly and the Project site, such as, but not Fmiled to, storage tanks
and lines, or gas, water, sewer, electrical, phone, cable, a any other public or
private utilfies. It s agreed that Abonmarche is not responsible for accidental
damage to Willies or underground structures, whether known, unknown or
Improperly coaled. The clank shall be responsible for design fees U changes are 2
necessary. Utility locating or marking services provided by Abonmarche are not
subsitlumm for complying with the utility owner notification requirements or the
bcaling services (811 systems) required prior to an excavation. UtM*s shown as
located by ground penetrating radar are approximate only. No excavation
took place to verify the positions shown or to very the type of ably (except as 2
noted). Careful excavation s required for verification of the bukd utility. The
owner or customer assumes the Bk of error and the actual location of the
underground Willy. Abonmarche s not providing any certification or guarantee
regarding the exact location of any underground utiity.
9. Underground Conditions. Abonmarche shal have no responsibiliy for the
identification of existing a unforeseen /differing underground conditions. The
Contractor shall have safe responsibility for determining the naive of
underground conditions and the means and methods of dealing wRh those 2
conditions. Abonmarche s entitled to rely upon the Information provided by
geotechnical consultants and shall have no reeponsiblUy far the accuracy a
correctness of the data contained in the geotechnical reloads.
10.Sih Access and Security. With the exception of access rights that and surveyors
are afforded by law, the Client will provide Abonmarche access to the Project
We and the Client wig be responsible far obtaining any necessary pemmulon
from any affected third party popery owners for use of that lends. The Client m
safety responsible far site security.
Abonmarche, unless specifically stated otherwise m an amendment to this
Agreement. Any electronic media provided under the Agreement to the Client
ore only for the convenience of the Client. Any conclusions or Information
obtained or derived from such electronic files will be at fine user's sole Bic.
S.Bonds and Permits The Client wit be responsible for the adoption of any site
access or right of way bonds that may be initiated on their behalf. At
completion of Abonmarche's services, the Client wig take responsbilty and pay
any ongoing bond or permH costs tar any bonded or permitted services.
6. Third party Invoicing. If the Client directs Abonmarche to Invoke third pally
payers. Abonmarche wig do so, but the Client agrees to be ultimately
responsible for Abonmarche's compensation until the Client provides
Abonmarche with the Ihkd party's wallen acceptance of al terms of this
Agreement and until Abonmarche agrees to the substitution.
7. third Party beneficiaries. Nothing contained In the Agreement shall create a
contactual relationship with or a cause of action in favor of a third party
against either the Client or Abonmarche. Abonmarche's services under this
Agreement are being performed saey for the Client's benefit, and no other
party or enthy, shol hove any dam against Abonmarche because of this
Agreement or performance or rimperformonce of services hereunder. The
Client and Abonmarche agree to require a similar provision in all contracts with
contractors, subcontractors, subconsultants, vendors and other entities Involved
in the Project to carry out the Intent of this provision.
B.Suspensin of Services. In the event of non-payment by Client. Abonmarche
WE have the absolute right to cease penortnance of any services.
9.Comeador's Work Abonmarche shall have no authority to direct or control the
wort of the Contractor or to stop the Work of the Contractor. Abonmarche shag
not be liable to any party far the failure of the Conlroctor to perform the Work
consistent with the Pons and Specifications and applicable Codes and
Regulations. Abonmarche steal have no resporobilfy or be gable Im safety
procedures of me Contractor or Its subcontractors.
20.Consequential Damogi The Client and Abonmarche wave consequential
domoges for claims, disputes. or other matters in question relating to services
provided as a part of the Agreement, including for example, but not limited lo,
Nam of business.
1.GOVxning Law. The Agreement wig be deemed to hove been mode in St.
Joseph County, Indiana and shag be governed by and construed In
accordance wBh the awe of tine State of Inclano.
22. Venue. The parties (a) Irrevocably submit to the jurisdiction of any Indiana court
sitting n St. Joseph County, Indiana in any action arising out of the agreement,
and (b) waive, to the fulest extent that they may effectively tlo so, the defense
of on Inconvenient tannin. The parties also agree that a final judgment NI any
such action shall be conclusive and may be enforced In other lurisdicibnsby
suit on the judgment, or in any other manner provided by bw.
23.Conddreations. The successors, executors: administrators, and legal
representatives of the Clint and Abonmarche are hereby bound onto the
other with respect to the covenants, Agreements, and obligations of the
Agreement.
4.Acts of God. Neither the Client nor Abonmarche will have any liability for
nonperformance caused in whole or in part by causes beyond Abonmarche's
reasonable control. Such causes include, but we not united to, Acts of God,
clvil unrest and war, labor unrest and Stokes, acts of authorities, and events that
could not be reasonably anticipated.
S.Termination. Either the Clint a Abonmarche may terminate the Agreement by
gMng ten (10) days written notice to the other party. In such an event, the
Client will pay Abonmarche In full for all services previously, outhorbed and
performed prior to the effective date of the termination, plus (at the discretion
of Abonmarche) a termination charge to cover finalization of services necessary
to ding ongoing services to a logical conclusion. Upon receipt of such
payment, Abonmarche will rekun to the Client all documents and information
Thal are the property of the Client.
Q.Entire Agreement. This Agreement contains the entire agreement between the
panics and there are no ogreements, representations, statements, or
understandings which have been relied on by the parties which are not dated
In this Agreement.
End of Agreement.
I L C Onsutianh. Abonmarche may engage Consultants at the request of the Client Reviewed by City of South Bend Legal Department 5/4/11
to perform services which are typically the Client's responsbxFy, such as surveys,
geotechnical and environmental assessments. The Client agrees that
Abonmarche will not be responsible far, or in any manner guarantee, the
performance of services by the Consultants. The Cient agrees that
Abonmarche will not be liable far any claim, liability. or defense cost far injury or
Noss sustained by any body allegedly caused by the Consultants' negligence or
willful misconduct.
12.0pinlons of Cost. Any opinions of probable construction cost and/or total
project cost provided by Abonmarche w11 be on the basis of experience and
judgment, but these are only estimates. Abonmarche does not warrant that bids
or ultimate construction m total project costs wil not vary from such estimates.
13.Ownenhip all Work Product. Abonmarche will remain the owner of all original
drawings, reports, and other materials provided to the Clint, whether In hard
copy or magnetic medics forth. The Client h authorized to use the copies
provided by Abonmarche only in connection with the Project. My other use or
reuse by the Clint far any purposes whatever wig be at the Client's risk and lull
legal responsibility, without liability to Abonmarche and the Client wig defend,
Indemnity, and hold Abonmarche harmless from al claims, damages, losses,
and expenses, including attorney lees arming out of or resuting there from.
14111inchonk Media. Copies of data, reports, drawings, specifications, and other
materms furnished by Abonmarche that may be relied upon by lire Client are
united to the printed copies toso known as hard copies) that are delivered to
the Client pursuant to the services under this Agreement. Computer fibs of text,
data, graphics, or of other types of electronic metlb are the safe possession of
Revised 5-411 Page 2 of 2