HomeMy WebLinkAboutNo. 3203 approving and authorizing the execution of an Amendment to the Addendum to the Master Agency Agreement (Hill & Colfax Drainage Improvement Project - Supplement #1)RESOLUTION NO. 3203
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Hill & Colfax Drainage Improvement Project - Supplement #1)
WHEREAS, effective January 1, 2014, 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 2014; and
WHEREAS, effective January 1, 2014, 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 the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Hill & Colfax Drainage Improvement Project to the Master Agency Agreement by
way of an Addendum on August 15, 2013; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment.
NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment
Commission as follows:
Section 1. The Commission hereby approves the Amendment to the
Addendum to the Master Agency Agreement (Hill & Colfax Drainage Improvement
Project - Supplement #1) 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
this Amendment to 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
January 30, 2014, at 9:30 a.m., in Room 1308, County -City Building, South Bend,
Indiana 46601.
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOP T
Marcia I. Jo es President
South Bend Re evelopment Commission
ATT T: /
G
nald E. Inks, Secretary
South Bend Redevelopment Commission
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Hill & Colfax Drainage Improvement Project - Supplement #1)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 30th day of January, 2014, 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 Improvement Project - Supplement #1 (the "Project ").
WHEREAS, effective January 1, 2014, 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 2014; and
WHEREAS, effective January 1, 2014, 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 the limited purpose of contracting for and managing the
completion of existing Projects; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Hill & Colfax Drainage Improvement Project to the Master Agency Agreement by
way of an Addendum on August 15, 2013; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment, adding Supplement #1.
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 originally described in "Exhibit A ", and now amended as described in "Exhibit B ",
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.
(Signature Page Follows)
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
Kathryn Roos, Member
Brian Pawlowski, Member
David Relos, Member
Patrick Henthorn, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
HILL & COLFAX DRAINAGE IMPROVEMENT PROJECT
See attached Proposal from Abonmarche dated August 5, 2013
Consulting Services Amount: $8,200
Exhibit "B"
HILL & COLFAX DRAINAGE IMPROVEMENT PROJECT
- SUPPLEMENT #1
See attached proposal from Abonmarche dated January 22, 2014
Project Budget: $204,750
Item
Cost
Consulting Services for Amended Scope
$19,750
On -Site Improvements
$110,000
Off -Site Improvements
$75,000
TOTAL
$204,750
M M ABONMAROHE
Gontidenae By Design
January 22, 2014
Mr, Roger Nawrot
City of South Bend
Board of Public Works
County -City Building, Room 1316
227 West Jefferson Blvd.
South Bend, IN 46601
RE: AMENDMENT TO ENGINEERING CONTRACT
Colfax & Hill Street Drainage Improvements
City Project No. 113 -033
South Bend, Indiana
Dear Mr. Nawrot:
Engineering
Architecture
Land Surveying
Marina /Waterfront
Community Planning
Landscape Architecture
Development Services
ABONMARCHE CONSULTANTS is pleased to present this amendment to our current agreement
for work on the Colfax & Hill Street site. Our proposal is based on our discussions and our
experience with other projects of this nature.
If our proposal is acceptable please sign and return a copy of the enclosed standard
agreement to authorize us to proceed. We thank you for this opportunity to serve the City of
South Bend. If you have any questions or concerns, please do not hesitate to contact our
office at (574) 232 -8700.
Sincerely,
ABONMARCHE CONSULTANTS, INC.
Daryl Knip, PE
Vice President
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 First Street
Manistee, M 49660
231, 723.1 198
503 Quaker Street
South Haven, MI 49090
269.637.1293
Rcw_ %
City of South Bend
Board of Public Works
Contract Amendment
Colfax & Hill Drainage Improvements
January 22, 2014
Page 2 of 3
WORK PLAN
PROJECT SCOPE
The proposed project consists of the following:
1. Revising lane configurations to establish on- street parking on Colfax Avenue by Hill
Street. Utilize "Complete Streets" philosophy in determining optimal lane configuration.
2. Curb and sidewalk construction in limited areas.
3. Landscaping and Street lighting.
4. Parking space striping on Hill Street.
5. Construction of a subsurface drainage system and asphalt pavement parking lot for a
new mixed used building proposed on the northwest corner of Colfax and Hill Street.
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 #5: Additional Field Survey
This work includes obtaining field information on current road widths for use in designing driving
and parking lane configurations.
Task #6: Traffic Study
This work includes reviewing road widths, bike lanes and current and future traffic patterns on
Hill Street from Washington to LaSalle and on Colfax from St. Joseph to St. Louis. This work
includes performing a capacity analysis on the intersections of Colfax & Hill Street and Colfax
& Niles Avenue to determine if left turn lanes can be eliminated. This work also includes
meetings and discussions with representatives from the City, Church & School as well as review
of existing traffic patterns in the alleys in this area.
Task #7: Preliminary Design
This work includes preparing preliminary drawings and construction cost estimates for the
proposed project for review by the City and the Developer. We anticipate these documents
will include a typical cross section, proposed travel lanes, parking lanes and bike lane widths
and locations as well as proposed curb, sidewalk and lighting improvements.
Task #8: Construction Documents
This work includes preparing construction documents for work to be completed in the right -of-
way as well as the parking lot construction and drainage improvements. This task includes
preparing detailed specifications and calculating quantities to include in the bid package.
City of South Bend
Board of Public Works
Contract Amendment
Colfax & Hill Drainage Improvements
January 22, 2014
Page 3 of 3
Task #9: Additional Bid Period Services
This task includes attending a pre-bid meeting, answering bid questions related to work in the
right-of-way and preparing addenda, if necessary, to the bid documents.
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 #5
Additional Field Survey.........
Task #6
Traffic Study ...........................
Task #7
Preliminary Design .................
Task #8
Construction Documents.....
Task #9
Bid Period Services ................
......... I ........................................................... $ I'Wo
............. I ................ I ...................................... $ 6,600
..................................................................... $ 4,700
..................................................................... $ 7,400
I .................................................................... $ 950
TOTAL: ............................................ I ............................. I .............................................. $19,750
SCHEDULE
Below is the anticipated schedule if authorization to proceed is received by February 12, 2014.
Field Survey
Traffic Study
Preliminary Design
Construction Documents
City Bid Process
Construction
I week
2 weeks
1 week
2 weeks
4 weeks
Begin early May
Abonmarche Professional Services Agreement
ABONMARCHE
Confidence By Design
AGREEMENT between: Abonmarche Project Number:
Client name: City of South Bend Board of Public Works Date: January 22, 2014
Client address: 227 W. Jefferson Blvd„ County -City Building, Rm. 1316, South Bend, IN. 46601 Phone: 574- 235 -9251
Cell: Fax: Email: hereinafter referred
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, Indiana
The professional services to be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
Scope of work: Contract amendment for City project No 113 -033 See Proposal
Project schedule: See Proposal
Special Provisions:
Abonmarche proposal /work plan, dated January 22, 2014 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 $) 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 Abonmarche. 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 issue in
writing within ten (10) days of its receipt. It no written objection is made within the ten (10) day period, any such objection shall be deemed waived.
Abonmarche invoices are due upon receipt.
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, t acknowledge that 1 hay re. iygd Qnp agree to the 7frrms
and Conditions on Page 2 of this Agreement, and I understand thgf the Terms and Conditions take precedence over all prior ora! and written understandings.
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 Re resentative
Client. _Cit of South Bend Board of Public Works V
Signature:
Date Signed:
Printed Name: Dory) Knlp, P.E.
Signatures: j
Title: -Vice President
1
Abonmarche Consultants, Inc.
Originating Office: 750 Lincoln Way East
South Bend, IN 46601
T 574.232.8700
_l
F 574.251.4440
j Date Signed: January 22, 2019
Revised 5 -4 -11 Page 1 of 2
TERMS AND CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT
I. Agreement. These Terms and Conditions shall be incorporated by reference and
shag prevail as the basis of the Client's Agreement to Abonmarche. Any Client
document or communication in add +lion to a in conflict with these Terms and
Conditions shall be subordinate and subject to these provisions.
2. Execution. Abonmarche has the option to render this Agreement null and vote, 1
if if is not executed within thirty (30) days of delivery.
3, Client Responsibilfffes. The Client will provide oil criteria and information
concerning the requirements of the Project. The Client will assume responsibility
for interpretation of contract documents and for construction observation and 1
will waive oil claims against Abonmarche 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 care for services performed by or provided by
Abonmarche will be the care and skill ordinarily used by Abonmarche's 17
profession practicing under similar circumstances of the some time and in the
same locality. Abonmarche makes no warranty. 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 liability or loss not directly and solely caused by the negligent acts, errors,
or omissions of Abonmarche.
5, Hourly Billing Rates. It payment is on on hourly rate, Client will pay Abonmarche
at the current hourly billing rates. The hourly rotes are adjusted annually a as
deemed appropriate. 18
6. Reimbursable Expenses. Reimbursable expenses, the actual costs incurred
directly or indirectly for the Cent's Project, will be charged of Abonmorche's 19
current rates. Examples of reimbursable expenses Include, but are not "led to,
mileage, tests and analyses. special equipment services. postage and delivery
charges, !elephone and telefax charges, copying, printing, and binding
charges, commercial transportation, meals, lodging, special fees, licenses, and
permits. Subconsultont and outside technical or professional services will be
charged on the basis of the actual costs limes a factor of 1.15. 20
7, Additional Services. Additional services that may be provided pursuant to the
Agreement or any subsequent modification of the Agreement will be
authorized, when possible, by written amendment signed on behalf of the Client
and Abonmarche. Additional services, performed by Abonmorche are subject 21
to all Terms and Conditions and the Client will be responsible for payment.
Should the Client, regulatory agency, ar any public body or inspector direct
modification or addition to services covered by this Agreement, the cost will be 22
added to the agreed price. Requests for extra services should be made in
writing via a change order, but none the less, Abonmorche a entitled to be paid
for extra services provided whether or not it is In writing.
8. Underground Structures or Burled URNes. The Client is responsible for
identification and location of all public and private burled structures on the
Client's property and the Project site, such as, but not limited to, storage tanks 23
and Ones, or gas, water, sewer, electrical, phone, cable, or any other public ar
Private utilities. If is agreed that Abonmarche k not responsible for accidental
damage to utilities or underground structures, whether known, unknown or
improperly located. the client shall be responsible for design fees if changes are 24
necessary. Utility locating or marking services provided by Abonmorche ore not
substitutes for complying with the utility owner notification requirements or the
locating services (811 systems) required prior to an excavation. Utilities shown as
located by ground penetrating rodeo are approximate only. No excavation
took place to verity the positions shown or to verity the type of utility (except as 25,
noted). Careful excavation's required for verification of the buried utility. The
owner or customer assumes the risk of error and the actual location of the
underground utility. Abonmarche is not providing any certification or guarantee
regarding the exact location of any underground utility.
9. Underground Conditions. Abonmarche shall hove no respxrsibility for the
identification of existing or unforeseen /differing underground conditions. The
Contractor shag hove sole responsibility for determining the nature of
underground conditions and the means and methods of deding with those 26.
conditions. Abonmarche Is entitled to rely upon the information provided by
geotechnicof consultants and shag have no responsibility for the accuracy or
correctness of the data contained In the geotechnical repass.
10. Site Access and Security. With the exception of access rights that land surveyors
are afforded by law, the Client will provide Abonmarche access to the Project
site and the Client will be responsible for obtaining any necessary permission
from any affected third party property owners for use of their lands. The Client is
solely, responsible for site security.
Abonmarche, unless specifically stated otherwise in an amendment to this
Agreement. Any electronic media provided under this Agreement to the Client
are only for the convenience of the Client. Any conclusions or information
obtained or derived from such electronic files will be at the user's sole risk.
S.8onds and Permits. The Client will 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 will take responsibility and pay
any ongoing bond or permit costs for any bonded or permitted services.
6.Third party invoicing. If the Client directs Abonmarche to invoice third party
Payers. Abonmarche will do so, but the Client agrees to be ultimately
responsible for Abonmarche's compensation until the Client provides
Abonmarche with the third party's written acceptance of dl terns of this
Agreement and until Abonmarche agrees to the substitution,
.Third Party beneficiaries. Nothing contained in this Agreement shall create a
contractual 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 solely for the Client's benefit, and no other
party or entity shag have any clam against Abonmorche because of this
Agreement or performance or nonperformance of services hereunder. The
Client and Abonmarche agree to requite a similar provision in all contracts with
contractors, subcontractors, subconsultonts, vendors and other enfilies involved
in this Project to cony out the intent of this provision.
suspension of services. In the event of non- payment by Client. Abonmarche
will have the absolute right to cease performance of any services.
.Contractor's Work: Abonmarche shall have no authority to direct of control the
Work of the Contractor or to stop the Work of the Contractor. Abonmarche shod
not be liable to any party for the foil re of the Contractor to perform the Work
consistent with the Plans and Specifications and applicable Codes and
Regulations. Abonmorche shag have no responsibility at be Noble for safety
procedures of the Contractor or its subcontractors.
.Consequential Damages. The Client and Abonmarche waive consequential
damages for claims, disputes, or other matters in question relating to services
provided as a part of this Agreement. Including for example, but not limited to.
loss of business.
.Governing taw. 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.
Mon". The parties (a) irrevocably submit to the jurisdiction of any Indiana court
sitting in St. Joseph County, Indlono 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 that 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 law,
Considerations. The successors, executors, odministrotors. and legal
representatives of the Client and Abonmarche are hereby bound onto the
other with respect to the covenants, Agreements, and obligations of this
Agreement.
Acts of God. Neither the Client nor Abonmorche will have any liability for
nonperformance caused in whole or in part by causes beyond Abonmache's
reasonable control, Such causes include, but are not limited to, Acts of God.
civil unrest and war, labor unrest and strikes, acts of authorities, and events that
could not be reasonably anticipated.
Termination, Either She Client or Abonmarche may terminate This Agreement by
giving ten {101 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 date of the termination, plus lot 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 at documents and information
that ore the property of the Client,
Entire Agreement. This Agreement contains the entire agreement between the
parties and there ore no agreements, representations, statements, or
understandings which have been relied on by the parties which are not stated
in this Agreement,
End of Agreement.
I I. Consultants, 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 res sibilit such
pan y, uc as surveys,
geotechrical and environmental assessments. The Client agrees that
Abonmarche will not be responsible W. or in any manner guarantee, the
performance of services by the Consultants. The Client agrees that
Abonmarche will not be liable for any claim, liability, or defense cost for injury or
loss sustained by any potty allegedly caused by the Consultants' negligence or
willful misconduct.
12.0ptnlons of Cost. Any opinions of probable construction cost and /or total
project cost provided by Abonmorche will be on the basis of experience and
judgment, but these are only estimates. Abortmorche does not warrant that bids
or ultimate construction or total project costs will not vary from such estimates,
13.0wnership of Work Product. Abonmarche 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 outhorzed to use the copies
provided by Abonmarche only 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 felt
legal responsibility, without liability to Abonmorche and the Client will defend,
indemnity, and hold Abonmarche harmless from all claims, damages, lasses,
and expenses, including attorney fees arising out of or resulting there from.
14. Electronic Media. Copies of data, reports, drowings, specifications, and other
molerials furnished by Abonmorche that may be relied upon by the Client are
limited to the printed copies (also known as hard coplesl 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