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Department of
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1865
Memorandum
December 11, 2014
TO: Redevelopment Commission
FROM: Chris Dressel, Staff C9
SUBJECT: Professional Services Agreement with Troyer Group - City Cemetery Master Plan
Staff requests Redevelopment Commission approval of a professional services agreement
with the Troyer Group in the amount of $30,600 to complete a master plan for South Bend
City Cemetery. The agreement continues through May 31, 2015.
Through this master planning process, community stakeholder input will serve decision
making that reimagines the role of South Bend's first planned open space founded in 1832.
The process will consist of: recapping the cemetery history including the recent resurgence of
community interest; conducting a cemetery asset inventory and creating a context map;
identifying program and policy guidelines including branding elements and supported
activities; and development of cemetery site layout including physical elements and
amenities. Deliverables within the agreement will include preparation for and facilitation of 2
stakeholder focus groups and 2 public presentations, including a final presentation that
incorporates completion of a final master plan graphic and report.
Finally, the master plan report will define the preliminary cost estimates and a timetable for
implementation projects that carry out the priorities of the plan. These projects would
consider the context of other planning initiatives within the larger cemetery project area,
including the infrastructure improvements planned for Lincoln Way West as part of the West
Side Main Streets Plan.
227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 P: 574-235-9371 1 FAX: 574-235-9021 SOUTHBENDIN.GOV
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AGREEMENT FOR PROFESSIONAL SERVICES
BY AND BETWEEN THE CITY OF SOUTH BEND, INDIANA,
AND THE TROYER GROUP, INC.
THIS AGREEMENT (the or this "Agreement") is made effective the 11th day of
December, 2014, by and between the City of South Bend, Indiana, Department of Community
Investment, acting by and through the South Bend Redevelopment Commission (the "City"), and
The Troyer Group, Inc., having its principal place of business at 550 Union Street, Mishawaka,
Indiana 46544 (the "Contractor").
For and in consideration of the mutual covenants and promises contained herein, the City
and the Contractor hereby agree as follows:
Section 1. Duties of the Contractor.
The Contractor shall provide the Services which are more particularly described at Exhibit "A"
attached hereto and incorporated herein. The Contractor shall execute its responsibilities in
accordance with prevailing professional standard of care for projects of similar design and
complexity.
Section 2. Consideration.
Contractor shall be paid based on invoices provided at the conclusion of each phase as more
particularly described at Exhibit "A". Payment for each phase shall be contingent upon the
Contractor delivering to the City and to the Organization all Deliverables provided for in Exhibit
«A»
The total consideration under this Agreement shall not exceed the sum of Thirty Thousand Six
Hundred and No/100 Dollars ($30, 600.00). Any payment that the City may deny or withhold or
delay shall not be subject to penalty or interest pursuant to Indiana Code §5-17-5.
Section 3. Term.
This Agreement shall be effective as of the day and year first written above (the "Effective Date")
and shall end on May 31, 2015 (the "Expiration Date").
Section 4. Assignment; Successors.
The Contractor shall not assign or subcontract the whole or any part of this Agreement without the
prior written consent of the City and the Organization.
Section 5. Changes in Scope of Services.
The Contractor understands and agrees that it shall not commence any additional work or change
the scope of the Services provided unless authorized in writing by the City. For any change in the
scope of Services or for any work for which the Contractor shall be compensated beyond Thirty
Thousand Six Hundred and No/100 Dollars ($30,600.00), the Contractor shall provide a written
request to the City to be approved by the Executive Director of the City of South Bend, Indiana,
Department of Community Investment. No claim for additional compensation shall be made by
Contractor in the absence of prior written approval by the City and the Organization.
Section 6. Reversion of Assets.
At the conclusion,cancellation,assignment or termination of this Agreement,subject to Contractor
having received payment for all undisputed services provided, all work product in whatever form,
written, electronic, or otherwise, shall be delivered to the City and to the Organization, and the
Parties hereby agree the City and the Organization shall jointly own all deliverables provided for
in Exhibit "A". Neither the Contractor nor any of the Contractor's subcontractors or agents shall
have any ownership interest in the work performed as part of this Agreement.
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Section 7. Relationship/Independent Contractor.
'1 All parties, in the performance of this Agreement, shall act in an individual capacity and not as
agents, employees, partners, joint venturers or associates of one another. The employee(s) or
agent(s) of one party shall not be deemed or construed to be the employee(s) or agent(s) of any
other party for any purpose whatsoever. No party will assume liability for any injury (including
death) to any person(s), or damage to any property, arising out of the acts or omissions of the
agents, employees or subcontractors of any other party. The Contractor shall be solely responsible
for providing all necessary unemployment and workers' compensation insurance for the
Contractor's employees.
Contractor is solely responsible for compliance with federal, state and local laws and regulations
relating to taxes and social security payments that may be required to be made in connection with
the compensation provided under this Agreement. The City and the Organization, however, may
file informational returns with the United States Internal Revenue Service or similar state agency
regarding payment made to Contractor in accordance with this Agreement under conditions
i imposed by federal, state or local laws applicable to such payment. The City and the Organization
shall provide IRS Form 1099 if applicable.
Section 8. Funding Cancellation and Payments.
In accordance with I.C. 6-1.1-18, payments by the City are subject to appropriation by the South
Bend Redevelopment Commission.
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aSection 9. Non-Collusion and Acceptance.
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The undersigned attests, subject to the penalties for perjury, that he/she is the Contractor, or that
he/she is the properly authorized representative, agent, member or officer of the Contractor, that
he/she has not, nor has any other member, employee, representative, agent or officer of the
Contractor, directly or indirectly, to the best of the undersigned's knowledge, entered into or
1 offered to enter into any combination, collusion or agreement to receive or pay, and that he/she
has not received or paid, any sum of money or other consideration for the execution of this
Agreement other than that which appears upon the fact of this Agreement.
Section 10. E-Verify.
The Contractor affirms under the penalties of perjury that he/she/it does not knowingly employ an
unauthorized alien. The Contractor shall enroll in and verify the work eligibility status of all
his/her/its newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3. The
Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor
shall not retain an employee or contract with a person that the Contractor subsequently learns is
a an unauthorized alien.
The Contractor is not required to participate in the E-Verify program should the E-Verify program
cease to exist. Additionally, the Contractor is not required to participate if the Contractor is self-
1 employed and does not employ any employees.
The Contractor shall require his/her/its subcontractors, who perform work under this contract, to
certify to the Contractor that the subcontractor does not knowingly employ or contract with an
unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify
program. The Contractor agrees to maintain this certification throughout the duration of the term
of a contract with a subcontractor.
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The City or the Organization may terminate for default if the Contractor fails to cure a breach of
this provision no later than thirty (30) days after being notified by the City or the Organization.
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Section 11. Minority and Women's Enterprise Diversity Development.
Persons,partnerships, corporations, associations, or joint venturers awarded a contract by the City
of South Bend through its agencies, boards, or commissions shall not discriminate against any
employee or applicant for employment in the performance of a City contract with respect to hire,
tenure, terms, conditions, or privileges of employment, or any matter directly or indirectly related
to employment because of race, sex,religion,color,national origin,ancestry,age,or disability that
does not affect that person's ability to perform the work.
In awarding contracts for the purchase of work, labor, services, supplies, equipment, materials, or
any combination of the foregoing including, but not limited to, public works contracts awarded
under public bidding laws or other contracts in which public bids are not required by law,the City,
its agencies, boards, or commissions may consider the Contractor's good faith efforts to obtain
participation by those Contractors certified by the State of Indiana as a Minority Business("MBE")
k or as a Women's Business Enterprise ("WBE") as a factor in determining the lowest, responsible,
responsive bidder.
In no event shall persons or entities seeking the award of a City contract be required to award a
subcontract to an MBE/WBE; however, it may not unlawfully discriminate against said
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WBE/MBE. A finding of a discriminatory practice by the City's MBE/WBE Utilization Board
shall prohibit that person or entity from being awarded a City contract for a period of one (1) year
from the date of such determination, and such determination may also be grounds for terminating
the contact for which the discriminatory practice or noncompliance pertains.
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Notwithstanding the foregoing,the award and performance of all City contracts shall comply with
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applicable federal, state, and local laws.
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g Section 12. Signing Authority.
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The person signing on behalf of the Contractor represents that he/she has been duly authorized to
execute this Agreement on behalf of the Contractor, and has obtained all necessary and applicable
approvals to make this Agreement fully binding upon the Contractor after acceptance by the City
and the Organization.
Section 13. Drug-Free Workplace.
l The Contractor hereby agrees to make a good faith effort to provide and maintain a drug-free
workplace. The Contractor will give written notice to the City and the Organization within ten(10)
days after receiving actual notice that the Contractor or an employee of the Contractor within the
State of Indiana has been convicted of a criminal drug violation occurring in the workplace.
Section 14. Governing Law; Compliance with Laws.
This Agreement shall be construed and interpreted according to the laws of the State of Indiana.
The Contractor agrees to comply with all applicable federal, state and local laws,rules,regulations
and ordinances, and all provisions required thereby are hereby incorporated herein by reference.
The Contractor shall comply with federal, state and local law in its hiring and employment
practices and policies for any activity covered by this Agreement. Further, the City or the
Organization shall not be required to pay for Services that are inconsistent with or in violation of
this Agreement nor for any Services performed in violation of federal, state or local statute,
ordinance, rule or regulation.
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Section 15. Entire Agreement.
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This Agreement sets forth the entire agreement and understanding between the Parties as to the
subject matter hereof, and merges and supersedes all prior discussions, agreements, and
understanding of any and every nature between them.
(Remainder of page intentionally left blank)
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IN WITNESS WHEREOF, the Parties hereto, through their duly authorized
representatives, have caused this Agreement to be executed as of the day and year first written
above. The Parties have read and understand the foregoing terms of this Agreement and do, by
their respective signatures hereby agree to its terms.
THE TROYER GROUP, INC.
Date:
Signature
Printed Name and Title
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CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
Date:
Signature
Printed Name and Title
South Bend Redevelopment Commission
ATTEST:
Signature
Printed Name and Title
South Bend Redevelopment Commission
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/ EXHIBIT A
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Scope of Services
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/ Se Project Sco pe of Work and Deliverables from The Troyer Group
Attached Hereto
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CITY CEMETERY: DEFINING A VISION
Scott Ford Dear Mr. Ford and Mr. Kain,
Director of Community Investment
Thank you both for taking the time to meet with me regarding the City
Jitin Kain, Cemetery. The Park Foundation,Parks and Recreation Department,
Director of Planning and the Historic Preservation Commission contacted me over a year
ago to help create a vision for the cemetery. Through many meetings,
City of South Bend presentations,and advocacy efforts,the project is truly at an exciting
Dept. of Community Investment moment as we begin this process.
227 West Jefferson Boulevard,Suite
1400 South The Troyer Group appreciates both the value that the City Cemetery
South Bend,Indiana 46601 currently represents for the community and the potential of how it can
574.235.9371 positively evolve. It is our great desire to help the City in that process
! and amplify the value that this site brings to the South Bend community
and to the region.
Reference:
South Bend City Cemetery When asked what the Troyer Group does,it simply comes down to
people and their experiences. This is the crux of everything we engage in.
l In focusing on people,we provide solutions that create economic,social,
and environmental value;working with you to achieve your vision.
December 11,2014 TOGETHER,WE WILL.
In this proposal,we have enclosed the Primary Scope for developing an
action oriented Master Plan and final report. The associated fees for these
services are listed on the attached pages.
Thank you again for giving us the opportunity to work with you. If you
have any questions concerning this proposal,please contact us.
Sincerely,
John E. Leszczynski Jonathon Geels,ASLA
Senior Vice President Landscape Architect
Enclosure: Scopes of Services and corresponding fees
. , SOUTH Together, We Will.
DEPARTMENT OF CO
CITY CEMETERY: DEFINING A VISION
Primary Scope and Deliverables
-' 1. Creating The Action Oriented Schematic Master Plan ($12,400)
Project Initiation Meeting with City of South Bend: Department
r, of Community Investment(DCI),Department of Parks and
Recreation,and the Historic Preservation Commission of St.
Joseph County(HPC)
1 Y.mmw Organize Framework Presentation
' Historic Perspective Summary
' \ Resurgence Summary
• Existing Conditions Summary
• Site Analysis
Conduct 2 Focus Group Meetings
Identify Program and Implementation Objectives
Identify Potential Site Improvements
Q , Public Presentation:Present Framework,discuss draft Master
' Plan development,and receive feedback on ideas generated to this
point.
• Prepare display boards
Arrange and conduct meeting
Develop Preliminary Plans,Policies,and Guidelines
2. Implementation Strategies ($6,700)
•'r� Outline Priorities and Projects
Complete Cost Estimates
_ ■' Establish Timetable and Phasing
Meeting with City Team
3. Prepare Final Master Plan Graphic and Report ($10,000)
• 30"x42"Master Plan Graphic
Master Plan 8.5"x 11"Report(See Outline)
_S i Graphic and Report P rovided in di g ital and
■ ■ s 4. Final Public Presentation ($1,500)
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Key Deliverables
• 2 Focus Group Presentations $2,000
• 2 Public Presentations $3,000
• 2 City Team Meetings $1,200
i • Framework Powerpoint $2,500
• Digital and 30"x 42" Master Plan Graphic $6,000
• Master Plan 8.5"x 11" Report(See Outline) $4,000
Deliverable costs reflect material cost only and do not
include preparation;therefore,they do not add up to
total project cost
INTROYER GROUP i
Together, • SOUTH
DEPARTMENT• COMMUNITY
CITY CEMETERY: DEFINING A VISION
Master Plan Anticipated Outline
® Historic Framework
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History of SB City Cemetery
Resurgence:Summarizing recent activity and fervor
.tf. Inventory and Analysis Summary
t Site Map
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Moving Forward
• Vision
• Overall Goal
=w ' • Define Improvement Priorities
Identify Program and Policy Guidelines
• Branding Elements
• Supported Activities
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Overall Schematic Master Plan:Site Improvements
Overall Proposed Layout
• Demolition
• Paving Options
• General Grading/Drainage
• Gateway/Entrance
• Security and Lighting
• Fencing
• Updating existing perimeter fence
• Parking and Tree Guards
• Wayfinding/Signage
_ Technology
i Site Furniture: Benches,Trash Receptacles,Sculpture,Flag Poles
Transportation Pattern and Parking Improvements
• Pedestrian Amenities (trails and education areas)
• Plant Materials and Landscaping
• Integrating Health
• Social:Public vs Private Space Definitions,Gathering Spaces
• Mental:Educational,Spiritual,Reflection/Respite
• Physical:Trails/Pathways
j Environmental:Spatial and Ecological impacts
j Detail Projects:
• Includes Plan Graphics and Supporting Details(for each of the
j following Projects)
j Generate Preliminary Cost Estimates
• Establish Timetable for Projects
Project 1: Main Entrance
j • Entryway and Colfax Frontage
• Elm St.Streetscape
• Colfax 2-way Conversion
i Project 2:West Cemetery Expansion
1 Project 3:North Expansion
Project 4:Internal Remediation
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Together,
ANT
ROYERGROUP SOUTH
DEPARTMENT• COMMUNITY
CITY CEMETERY: DEFINING A VISION
Implementation Priorities and Impact
Identify immediate and future action items
Propose resource allocation
Identify cooperative partners to assist in project development
• Identify local parties responsible for project implementation
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Proposed Fee (includes Reimbursables): $30,600
See Prinianj Scope and Deliverables for Breakdown
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• • Together,
DEPARTMENT OF COMMUNITY INVESTMENT