The URL can be used to link to this page

Home My WebLink AboutNo. 3154 approving and authorizing the execution of an addendum to the Master Agency Agreement (Hill & Colfax Drainage Improvements Project)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 REDEVELOPM rcia L Jone , esi ent South Bend Redevelopment Commission ATTEST: �Ba� A. Varner, Vice - President 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 Protect Scope and Description: Analyze existing drainage condition of the site and determine if changes are needed. Budget: $8,200 i i 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 & HRI Street Drainage Improvements South Bend, Indiana Dear Mr. Mecham: Engineering Architecture Lond Surveying Morina/Wotertront 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 Linroln Way East 341 Airpad Norlh OfEce Park 95 Wes! Mein Street South Bend, IN 46601 Fort Wayne, IN 46825 Benton Hwbor, MI 49J22 574.232.8700 260.497 8823 269.927.2295 www,abonmarche.com 361 First Street Mor'.5tee. W 49560 231.723.1198 503 quaker Street South Haven, MI 49090 269.637.1293 It :, 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 ....................... Task #2 Preliminary Engineering ., Task #3 Construction Documents Task #4 Bid Period Services TOTAL: .. ............................... SCHEDULE ..........$ 1,300 .......... $ 3,500 .......... $ 2.500 .......... $ 900 $ 8,200 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 ABONMARCHE ConEde BY Devon Abonmarche Professional Services Agreement AGREEMENT between: Abonmarche Project Number: Client name: Qty of South Bend Board of Public Works Date: August 5. 2013 Client address: 227 W. Jefferson Blvd., County -City Building, Rm. 1316, South Bend, IN- 46601 Phone: 574 -235 -M Cell. M to as the Client. and Abonmarche Consultants, Inc., refined 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 8 Hit Street Drainage Improvements Location: South Bend, Indiana The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows: Scope of work: Project schedule: See Proposal Special Provisions: hereinafter referred Abonmarche proposal /work plan, dated Auausl 5. 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 Abonmorche for the Scope of Work according to the following: (fee $) See Proposal Prior to commencement of services, the CPent 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 on invoice from Abonmarche, the Client has any questions, or If there are any discrepancies In the invoice, the Client shall identify the 1swe in writing within ten (10) days of His 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 Mecham 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. AWhorWillon to Proceed and Guarantee of Fayrrwnk By igring this Agreement the Client wittolaes Abonmarche to provide services desabed above, and that the Client is the responsible party for waking payment to Abonmarche. By siardno below. 1 mbiowledue that I have received god oame to the Term and Conditions on Page 2 of this Agreement, and I understand that the Terns and Conditions take precedence over all prior oral and wd*n undeatandras These Terms and Conditions can only be amended, supplemented, modified, or canceled by a written instrument signed by both parties, Any notice a other communications shall be In writing and shall be considered to have been duty given when personally derNered or upon the third day after being deposited Into first class ceri fied mail, postage prepaid, retum receipt requested. Aulhortted Client Re eserdaHve Authorized Abonmarche Re resentaRve Client City of South Bend B2MOF &QIle a Signature: Date Signed: Board of Public Works pointed Name: Da Kni , Signatures: 2013 Time: Vice Presiderd AUG ! 3 Abonmarche Consultants, Inc. Originating Office: 750 Lincoln Way East South Bend, IN 46601 T 574.232.8700 —' - -- – F 574.251_4440 Date Signed: August 5, 2013 Revised 5-4-11 Page I of 2 TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT 1. AgwmeM. These Tema and Conditions strait be Incorporated by reference me sisal feel as the bask M she Client's Agreement to Abenmorcre. Any Client document or commudcatlon in addition to or he conflict with these Terns and Conditions shall be subordinate antl subject to these provkiora. 2. breculon. xbonrnarche has fie option to render this Ageement nut and void I 10 k not executed within MIy 13D) days of al leery. 3. Clenf eespor dMi The Client will provide all c6l and Information cmcWr*V the requYameols d the Project. The Client will assume reporsbiity fa Interpretation d contract documents and for construction observation and 1 will wove dl claims agalnt Aborvnarche mat may be In ary way connected, unless Atemmorche's services under this Agmeemnl Indsder full-flr s, construction observation a review d contractors Performance. 4. Ped0lmaee. The standard of case for services performed by or provided by Abanmarahe wNl be the care and sell ordinal used by Abonrecil I profession practicing under sknlw emurnoances at the some time and n the same locdly. Abone arch. makes no warranty. expressed W Iftl with respect to al ge AOin provkW by Abrohmarche. Abwnacha wag not be gable for any claim, damages, coal. or expense (inclucli g asorrey's fees) or other lia lty or ins net directly and solely caused by the negligent acts, anon. Or creldion of AbaRnachs. 5. Nosily ling Nales. IT payment k on on hourly rate, Clent wIg pay Abonmanehe at tte current hourly being raps. The hazy rtes ate a�usted annually or as deemed appropriate. 1 6. RWMbaaable Expert". Reimbursable experaml. the actual conk incurred drecty a In6ectly for the Client's Project will be charged at Aborvrrache's 19 current rates. Examples of reinnbursoble expenses Include, but am not gaited lo: ".get tests and dealsses, special sn upment seMCes, postage and delivery charges, telephone and maim charges, copying, printing, and binashg charges, commercial transportation, reeok, lodgng, special fees, licenses, and pentium. Suiec,ra Matt and outside technical ro professional services will be charged an the basis of the actual cosh times a factor n 1.15. 27 I. AddWle al Servin . Additional sehion that may be provided pursuant to the Agreement ro arry subsequent mooltcal'an of the Ageement wig be oulboraed, when paside, by written amendment sued m behd of the Clent and Abasrnache. Additional services. performed by Abonmarche are subject 2) to all Tents and Concrete and the Client will be responWle fa payment. Shoed the Client, r.guil agency, or any public body a inspector dyed modification a addition to se glees covered by Mk Agreement, the cast WIN be 22 added to the agreed price. Requests for extra services should oe made In wilting via o charge order, but none the less, Aboomarche k entiled Io be paid for extra sawl provided wheshar or not 1 k In wrlting. S. Underground Strudel or koled Uitea The Client k nespaWbie fro Identification and location d all public and private burled structures on the Client's property and the Project site, such as, but not IkWted to, stooge farts 23 and lines. or ga. water, sewer, eledricoi, phone. cable, or any other public or private utlltles. It 5 agreed Mn Abonmarche k not respasble for occidental damage b urfi s ro underground shwimax, whether usOvnr mkeOWn a hrpropedy boated The client shd be resporsibfe for design fees x change; are 24 necessary. Utety locating or markng services; provided by Abonmarche are not substitutes for complying wth the utility owner notification reguiremarms or the excel servkres (8) 1 Mistral required prior to an excavation. unites shown a located by ground penetrating radar am approxlmne any. No excavation tad: place to verg the postarri strewn a d verify the type d ANN (except a 25 noted). COMM exewatbn k required for varltcallan of the axed vigty. The Owner a curtail assumes the nit d error and the actual location or the underground utility. Abonmorche k not providing dry certification or guarantee mgadirg the exact location of arty underground ugly. Y. Ondergourd CWWMINr. Abormaphe shall have no respordbiliy for the Identification of axieing or untoeseen/dffering underground conditions. The Contractor shall have sale respaMbilly for tlelertnlNng the nature of underground co di ios and Me mean and methods d dedirg with these 26 eondtons. Aborvnache k entitled to hey upon he infomnafion pmvbed by geotech6cal consultants and shall have no msponsidMy fa the accuracy a wredrett of the data contained n the geolechnical reports_ 10. Ste Acorn and Secu try. Wits Fear excepson of access rights shat land oweyors am afforded by law, the Clan alt provide Abonmmces access to the Project are and the Client will be responsible far obtaining arty necessary permission from any affected third party property owners for use of Feeir lads. the Client k rsbl I dr csxl Abmmach &. unless specifi lh Oared otherwise In on amendment to fish, Agreement. Any electronic Made provided under fish, Agreement to Me Client ore Only far the omwenience d the CIIBnt. Any conclusion or Informnbn obioned a derived from such electronic Res WN be of the user's role rfgk. S.lohds aed /armpit. the Clem wit be responsible far the adoption of any We access or right of way bonds that may be Irma d on their behalf. At comps-lion of Abonmarche's senrcm, the Client will late meporagn iN and pay any ongoing bond or permit costs for any bonded or permittetl services. b.Thkd party Invoicing. I he Client drecls Aommache to invoice Hard party payers. Abonmarcne will do so, but the Client agrees to oe Utlmall respasble for Abmmache's wmpemation miii the Client provides Abonmache with Me third part)'s wrislan acceptant- d d terms of this Agreement and until Abonmarche agrees to the wbsstutim. I.Thkd Poly lenelidadex. Nothing contall In this Agreement shill create a contractud relationship with w a cause d =Van In favor of a third party against alther the Client or Abonmachis. Abmmache's sevicas under the Ageemenf ae bang performed sell for the Client's benefit, and no other party or entry shut have any claim ogdd Aomearehe because of shit Agreement ro performance a ronverfamaree al services haeuoder. The Chen and Abormarche -gee to require a similar provision in d contracts w1h coo racle , wbcmhadas, nbcon ultoots. vendors and other enRias levohed in nth Project to tarty Our the intent a this provem. ASi penmen M Services. In Me event d non - payment by Cloof. Abonmarche w41 have the absolve right to cease performance or any services. . Conhacior's Work: Abonme rche shah have no outhaily to direct or control the Walt of Me Contractor or to stop the work d the Cmtrocor. NOmmache shall rot be Node to ay parry tar the failure d the Contractor to perform are Work consistent with the Plains and SpecrAcatiore and applicable Codes and Regulallon. Abonmarche foal have no resposablfy or bet Noble for safety procedures of the Contro laa its subcontracton. .Coresequentla Damages. The Client and Abonerarche well corsequental damages for dams, disputes, or other matters In question reining to services ,ovtded as a pad of this Ageernenf. Including for example, but nor Iknitad to, boss Of busions, .Gevemtng law. Mk Agreement wit be deemed to have been made in St. Joseph Count'. Indiana and shag be govemed by and construed In aceemence with the laws d the Stale of Indano. . Venue. The parses (a) irrevocably, sssbrril to the lurkdiction d aty, noticed court sting In St. Joseph County. Indeed May action arkkg art or this agreement. and (b) waive, to the fullest extent that they may etfectivey do so, the defense, of an nconveuent forum. The parties else agree that a final judgment In any such action shall be concfuave and may be enforced M other pskdctbrs by wt on the judgment, or in any other manner provided by low. .Corradmaloms. The successors. eseculon, administralon. and legal represantaFeves of the Client and Alemmorche we hereby bound onto the offer will respect to the covenants. Agreements, and obligations of this Agreement. .Acts M Goa. Nether the Client not Abonmarche will have dry Noisily for nonpetortnance caused In while a in part by causes beyond Abonmaches mormabe centrd. Such rouses Include, but are not ended b. Ack d God, dvii unless and war, labor unrest ad stakes, acts of authorities, and events that could not be reasonably anticipated. .T- mittapon. Finer Me Client or Alen norche may me inns Nia Agmemen by gvng has 1101 days written notice Io the dher pay. In such an event, the Client will pay Abonmorche in hill far all services previously authorized antl performed prior to the elfectye date or the terminal pits jar the discretion d Abonmarche) a termination charge to cover finalization of wAces necessary to bring ongoing services to a logical conclusion. Upon recept d such payment, Abonmache will return to the Client d documents and information Mat ate Me properly of the Client. .Enka Agreemeta. Pis Agreement contains the entire agreement aehveen the pates and there are no agreements. repreeentofion, datemenk, or understandings which owe been roiled on by the parses which are not stated In this Agreement. End of Agreement. I CCan"WoNS Abormoreh» Mayyengage ComutaMS at the request d the sent Reviewed by City of South Bend Legal Deportment 5/4/11 to perform services which are typically the CNenl's responsibility, such as surveys, geotechnical and envtofinenta assessments. The Client agrees hot Abormade will net be responsible for or In my mama guarantee, tits peaomonce al services by the Consultants. The Client ogees that Abonmarche will net be Noble for any case, Ilal a defense cat for intsy, or I= sustained by any parry regally wwxi by Me Consutmis negggence Or wiful misconduct. 12.0pkdom of Cod. AM olsniors of probable construction cost and/or total pnalect eat provided by Abonmorche WA be on the basis of experience antl judgment, but these ate only astmnes. Abonmemhe does nor warrant that bids or ultimate construction or laid project cosh will not very from such estimates. 13.0wrersdp of Work hoduct. Abonmache roil remain the owner el oil mgMOI drawings, reports, and other materials provided to the Client, whether in hard copy or magnetic media form. The Client is author4ed to use the copies provided by Abonrnache only in connection with the Project. Any other use or neuter by the Client for any purposes whatever wig be at the Client's skis and full legal resporrdbgtY. without Ilabey to Aammarche and the Client w1ll defend. Indemnity. and held Ahenmanche harness from all darts, tlanagef. loses, and &,penes, incNtlng ataney fears uWng out of or resulting there from. 1411e1kai , Medlar. Copies of data repots, drawings, specficakxs, and other marerid Furnished by Abonmarche, that may be reNed upon by the Client arc limited to the p 1nm<1 copies (aka known os hatl cope l Mat one daill to the Client pmwra to the service under this Agreement. Computer Iles of text, data, graphics, a of other types of electronic meal ate tre, sate possession of Revised 54-11 Page 2 of 2