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HomeMy WebLinkAbout6A(02)�SpU Ty e�� Department of Community 1865 Memorandum August 12, 2013 Investment TO: Redevelopment Commission FROM: Chris Dressel, Staff SUBJECT: Resolution No. 3154 & Addendum to the Master Agency Agreement - Hill & Colfax Drainage Improvements Staff approached the commission in June to present plans for development of the commission owned property on the northwest corner of Hill Street and Colfax Avenue as a mixed use building planned by Colfax Hill Partners, LLC. Prior to development, there's a need to address site drainage. The proposed project consists of eliminating an existing detention basin and drywell system due to planned new construction on the site and providing a new detention storage facility, while maintaining the current outlet rate to the City drainage system. It is likely that the drywell structures in the adjacent parking lot are also connected to this detention basin. Per the written proposal provided by Abonmarche, the project scope of services should include the following: • performing a field survey /conducting utility locates • preliminary engineering including providing storage location and method options • preparing construction documents and complete bid package • providing bid period services including recommendation for contract award The proposed work plan calls for: completion of services above within 5 weeks; start of the City of South Bend bid process in mid - September; and project construction commencing by mid - October. Staff requests approval of Resolution No. 3145 and Addendum to the Master Agency Agreement, in a not -to- exceed amount of $8,200. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV RESOLUTION NO. 3154 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Hill & Colfax Drainage Improvements Project) 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 & Colfax Drainage Improvements Project 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 & Colfax Drainage Improvements Project 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 August 15, 2013, at 9:30 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 & Colfax Drainage Improvements Project) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 15th day of August, 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 & Colfax Drainage Improvements 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 & Colfax Drainage Improvements 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 members are authorized to execute on behalf of the Commission any documents necessary to carry out the intent of this Addendum. IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency Agreement to be effective as of the date first written above. ATTEST: South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Kathryn Roos, Member David Relos, Member Mike Mecham, Member Mark Neal, Member ATTEST: Linda Martin, Clerk Exhibit "A" Hill & Colfax Drainage Improvements Project Project Scope and Description: Analyze existing drainage condition of the site and determine if changes are needed. Budget: $8,200 =M ABONMARCHE Confidence By Design August 5, 2013 Mr. Mike Mecham, City Engineer City of South Bend Department of Public Works County -City Building, Room 1316 227 West Jefferson Blvd. South Bend, IN 46601 RE: PROPOSAL FOR ENGINEERING SERVICES Colfax & Hill Street Drainage Improvements South Bend, Indiana Dear Mr. Mecham: Engineering Architecture Land Surveying Marina/Waterfront Community Planning Landscape Architecture Development Services ABONMARCHE CONSULTANTS is pleased to present this proposal to provide professional services for the proposed drainage project. Our proposal is based on our previous discussions and our experience with other projects of this nature. 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. Daryl Knip, PE Vice President 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 Offze Pork 95 West Main Street South Ber:d, IN ;6601 Fort Wayne, IN 46825 Benton Harbor, MI 49022 574,232.1700 260.497.6,823 269.927.2295 www.abonmarche.com 361 FirVt treeet ^Aorstee. Mt 49660 231,723,11 M 503 Quaker Street South Haven, CAI 49090 269.637.1293 19 APPENDIX A WORK PLAN PROJECT SCOPE City of South Bend Proposal for Engineering Services Colfax & Hill Drainage Improvements August 5, 2013 Page 2 of 3 The proposed project consists of eliminating an existing detention basin and drywell system and providing a new detention storage facility while maintaining the current outlet rate to the City drainage system. It is likely that the drywell structures in the adjacent parking lot are also connected to this detention basin. The existing basin area is proposed to be redeveloped with a building structure and parking. 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 work includes performing a topographic survey of the proposed. 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: Preliminary Engineering This work includes determining the allowable release rate through the existing outlet into the City system and determining the storage required based on this release rate. We will provide your office with options for the storage locations and methods for review and approval. The methods may include drywells, perforated pipe, solid pipe or other subsurface storage. Task #3: Construction Documents This work 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 sheets and construction details. This task also includes preparing the complete bid or quote package consisting of special provisions, front end requirements, calculating project quantities, bid proposal, and developing an estimate of construction costs. Task #4: Bid Period Services This task includes answering bid questions, preparing addenda, if necessary, to the bid documents, and tabulating the bids and making a recommendation of contract award. City of South Bend Proposal for Engineering Services Colfax & Hill Drainage Improvements August 5, 2013 Page 3 of 3 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 # 1 Field Survey ..................................................................... ............................... $ 1,300 Task #2 Preliminary Engineering ................................................ ............................... $ 3,500 Task #3 Construction Documents .............................................. ............................... $ 2,500 Task #4 Bid Period Services ......................................................... ............................... $ 900 TOTAL: ........................................................................................... ............................... $ 8.200 SCHEDULE Below is the anticipated schedule if authorization to proceed is received by August 14. Field Survey Preliminary Engineering Construction Documents City Bid Process Construction 1 week 2 weeks 2 weeks 4 weeks Begin mid October 0 ABONMR N Abonmarche Professional Services Agreement ARCHE E ConWrrze By Design AGREEMENT between: Abonmorche Project Number. Client name: City of South Bend Board of Public Works Date: Au ust 5, 2013 Client address: 227 W. Jefferson Blvd., County -City Building, Rm. 1316, South Bend, IN_ 46601 Phone: 574235 -9251 Cell: Fax I.=. to as the Client, and Abonmorche 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: Colfax & Hill Street Drainage Improvements Location: South Bend, Indkina The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: Scope of work: See Proposal Project schedule: See Proposal Special Provisions: hereinafter referred Abonmorche proposol/work plan, dated August 5, 2013 is incorporated into this Agreement by reference, and is Imned 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 $) See Proposal Prior to commencement of services, the Client will specify any and all documentation that the Client requires for submission with the invoice for services provided by Abonmorche. Absent any special request from the Client, Abonmarche will send its standard form of invoice. If, 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 wrifing within ten (10) days of Its 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. Michael Mechom 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 shall 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, l acknowledge that! ham received and aaree to the Temp and Conditions on Page 2 Qf this Agreement and 1 understand that the Terms and Conditions take precedence over all prior oral and written understcricb . 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 duty 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 Abonmorche Representative Client City of South Bend Born "t Et6G W,b s Signature: Date Signed: Board Of Public WOrka Printed Name: Daryl KnIp, Signatures: 2013 Tine: Vice President Abonmarche Consultants, Inc. Originating Office: 750 Lincoln Way East South Bend, IN 46601 T 574.232.8700 — — F 574.251.4440 Date Signed: Au ust 5, 2013 Revised 5 -4-11 Page 1 of 2 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT 1. Agreement. These Toms and Conditions shalt be Incorporated by reference and shall prevail as the bask of the Client's Agreement to Abonmarche. Any Client document or communication In addition to or in conflict with these Tema and Conditions shalt be subordinate and subject to these provisions. 2. Execution. Abonmarche has the option to render this Agreement null and void, I If It Is not executed within thirty (30) days of delivery. 3. CReM RespondbM*L The Client will provide an clRerfo and Information concerning the requirements of the Project. The Client will assume responsibifrty for Interpretation of contract documents and for construction observation and 1 will waive all clams against Abonmorche that may be in any way connected, unless Abonmorche's services under this Agreement Include full -time construction observation or review of contractor's performance. 4. Performance. The standard of core for services performed by or provided by Abonmorche will be the care and sill ordinarily used by Abonmache's 1 profession practicing under similar circumstances at the some time and in the same locality. Abonmarche makes no worT", expressed or implied, with respect to any services provided by Abonmarche. Abonmorche will not be liable for any claim, damages, cost, or expense (including attorney's fees) or other nobility or lass not directly and solely caused by the negligent acts, eras. or omissions of Abonmarche. 5. Hourly Nang Rates. If payment a on an hourly rate. Client will pay Abonmarche at the cement hwurty billing rotes. The hourly rates as ociusted onnuaity, or as deemed appropriate. 1 6, ReMSbuaabk Expenses. Reimbursable expenses, the actual costs Incurred directly or indirectly, for the Client's Project, will be charged at Abonmarche's 1 current rates. Examples of reimbursable expenses include, but are not limned to: mileage, tests and analyses, special equipment services, postage and delivery charges, telephone and telefax charges, copying, printing, and binaling charges. commercial transportation, meols, lodging, special fees, fcenses, and permits, Subcorsultant and outside technical or professional services will be charged on the basis of the actual costs times a factor of 1.15. 7. Additional Savfces. A�tionol services that may be provided pursuant to the Agreement or ary subsequent modification of the Agreement will be oulhatzed, when possible, by ashen amendment signed on behalf of the Client and Abonmarche. Additional services, perforned by Abonmorche are subject 21 to an Terms and Conditions and the Client will be responsible for payment. ShoWal the Client, regulatory agency, a 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 made in writing via a change order, but none the less, Abonmorche is entitled to be paid for extra services provided whether or not it k in writing. 8. Underground Structures or bubd Ufittitei The Client is responsible for Identification and location of an public and private buried structures on the Client's property and the Project site, such as, but not limited to, storage tartly and lines, or gas, water. sewer, electrical, plane, cable, or any other public or private utilities. It's agreed that Abonmarche is not responsible for accidental damage to ulities or underground structures, whether known, unknown a Improperly located. The client shall be responsible for design fees If charges are 2 necessary. Utility locating or marking services provided by Abonmarche are not substitutes for complying with the utlniy owner notification requirements or the locating services (8 11 systems) required prior to an excavation. Utilities shown as located by ground penetrating rodar ore approximate only. No excavation took place to verity the positions shown or to verify the type of utility (except as noted). Careful excavation is required for verification of the buried utility. The owner or customer assumes the risk of error and the actual location of the underground utility. Abonmorche ls not providing any certRication or guarantee regarding the exact location of any underground utility. 9. Underground Conditions. Abonmorche shall have no resposibiny for the Identification of existing or unforeseen/dI fering underground conclflom. The Contractor shall have sole responsibility for determining the nature of underground conditions and the means and methods of dealing with those 2 conditions. Abonmorche 's entitled to rely upon the information provided by geotechnicat consultants and shall have no responsibility for the accuracy or correctness of the data contained in the geofechnicat reports. I O.Stie Access and Security. With the exception of access rights that land surveyors ore afforded by law, the Client will provide Abonmarche access to the Project site and the Client will be responsible for obtaining ory necessary permission from any affected third party property owners for use of their lands. The Client is I nsble for site secLd Abonmorche, unless specifically stated otherwise In an amendment to this Agreement. Any electronic media provided under this Agreement to the Client are oniy for the convenience of the Client, Any concluslons or Information obtained a derived from such electronic flies will be of the user's sole risk. S. Bonds and Pern)h_ The Cllent win be responsible for the adoption of any site access or right of wary bonds that may be Initiated on their behalf. At completion of Abonmarche's services, the Client will take responslbEiry and pay any ongoing bond or permit costs for any bonded or permitted services. 6.Thtrd party Irwaicksg. R the Client directs Abonmorche to invoice third party payers, Abonmarche will ao so, but the Client agrees to be ultimately respornRsle for Abonmorche's compensation until the Client provides Abanmarche with the third party's written acceptance of all terms of this Agreement and until Abonmarche agrees to the substitution. 7.Thlyd Party beneficiaries. Nothing contained ki this Agreement shall create a contractual relationship with or a cause of action In favor of a third party against either the Client a Abonmarche. Abonmarche's services under thin Agreement are being performed solely for the Client's benefit, and no oilier party or entity shad have any claim against Abonmorche because of the Agreement or performance a nonperformance of services hereunder. The Client and Abonmarche agree to require a similar provision in ail contracts with contractors, subcontractors, subcornultonts, vendors and other entities involved in this Project to Cary out the intent of this provision. B.Suapenslon of Services. In the event of non- payment by Client, Abonmorche will have the absolute right to Cease performance of any services. 9. Conlmcbts Work Abonmorche shaft have no ouli orfiy to direct or control the Work of the Contractor a to stop the Work of the Contractor. Abonmorche shill not be noble to any party for the failure of the Contractor to perform the Work consistent with the Plans and Specifications and applicable Codes and Regulations. Abonmarche shall have no responsibility or be liable for safety procedures of the Contractor or its subcontractors. 20.ConsequeMfd Damages. The Client and Abonmorche waive consequential damages for claims, disputes, or other matters In question relaffng to services provided as a part of this Agreement, including for example, but not limited to, loss of business. ,Governing Law. This Agreement will be deemed to have been made in St. Joseph County. Indiana and shall be governed by and construed In accordance with the laws of the State of Indiana. 22. Venue. The parties (a) i evocoby submit to the jurisdiction of any Indiana court sitting In St. Joseph County, Indiana In any action arising out of this agreement, and (b) waive, to the fullest extent that they may effectively do so, the defense of an inconvenient forum. The parties also agree inal a final judgment in any such action shall be conclusive and may be enforced In other jurisdictions by suit on the judgment, or in any other manner provided by taw. 23.Conddewflons. The successors. executors, administrators, and legal representatives of the Client and Abonmorche ore hereby bound onto the other with respect to the covenants. Agreements, and obfigatbrs of this Agreement. 4.Ads of God. Neither the Client nor Abonmarche will have any nobility for nonperformance caused In whale or in part by causes beyond Abonmarche's reasonable control, Such causes Include, but are not limited to, Acts of God, civil urvest and war, labor unrest and strikes, acts of authorities, and events that could not be reasonably anticipated. 25.Tem*mI1Icn_ Ether the Client or Abonmaram may terminate fii6 Agreement by grvhg ten (10) days written notice to the other party. In such an event, the Client will pay Abonmarche in full for all services previously authorized and performed prior to the effective dote of the temAnatlon, plus jot the discretion of Abonmarche) a termination charge to cover finalization of services necessary to bring ongoing services to a logical conclusion. Upon receipt of such payment, Abonmorche will return to the Client all documents and information that are the property of the Client. 6.En*o Agreement This Agreement contains the entire agreement between the parties and there are no agreements, representations, statements, or understandings which have been relied on by the parties which are not stated In this Agreement. End of Agreement. so ey fespo y. I i.CaraAtanh. 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 responsibility, such ors surveys. geotechnicol and environmental assessments. The Client agrees that Abonmorche will not be responsible for, or In any manner guarantee, the performance of services by the Consultants. The Client agrees that Abonmarche will not be table for any claim, liability, or defense cost for injury or loss sustained by any party dlegedy caused by the Consultants' negligence or willful misconduct. 12.0pinions of Cost, Any opinions of probable construction cost and /or total project cost provided by Abonmorche win be on the basis of experience and judgment, but these are only estimates. Abonmomhe does not warrant that bids or ultimate construction or total project costs will not vary from such estimates. 13.0wrarship of Work Product. Abonmorche will remain the owner of all original drawings, reports, and other materials provided to the Client, whether in hard copy or magnetic media form. The Client is authorized to use the copies provided by Abonmarche ony in connection with the Project. Any other use or reuse by the Client for any purposes whatever will be at the Client's risk and fun legal responsibility, without liability to Abonmarche and the Client will defend. Indemnify, and hold Abonmorche harmless from dl claims, damages, losses, and expenses, inch ding attorney fees arising out of or resulting there from. 14.Eleckonic Media. Copies of data, reports, drawings, specAlations, and other materials furnished by Abonmorche that may be relied upon by the Client ore Iir ited to the printed copies (also known as hard copies) that are delivered to the Client pursuant to the services under this Agreement. Computer files of text, data, graphics, or of other types of electronic media are the sole possession of Revised 5 -4-11 Page 2 of 2