HomeMy WebLinkAboutResolution No. 3278 Addendum to Master Agency Agreement for Hill Street Improvements ProjectRESOLUTION NO. 3278
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE' ADDENDUM TO THE MASTER AGENCY AGREEMENT
Hill Street Improvements Project
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; 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 Street Improvements Project to the Master Agency Agreement by way of an
Addendum on June 26, 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 Street 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 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
February 26, 2015, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana
46601.
edevelopment Commission
Donald E. Inks, Secretary
CITY OF SOUTH BEND,
DEPARTMENT OF
~M~E-N'---="~
Marcia I. Jones, President
FIRST AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Hill Street Improvements Project)
This First Amendment to the Addendum to the Master Agency Agreement (this
"Amendment"), made and entered into as of the 26th day of February, 2015, 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
Street Improvements Project (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; 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 Street Improvements Project to the Master Agency Agreement by way of an
Addendum on June 26, 2013; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment. -
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)
ATTEST:
South Bend Redevelopment Commission
ATTEST:
Linda Martin, Clerk
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary Gilot, President
David Relos, Member
Kathryn Roos, Member
Patrick Henthorn, Member
Brian Pawlowski, Member
Exhibit "A"
Project Budget & Addendum to Master Agency Agreement (June 26, 2013)
Scope of Services by Abonmarche Consultants, Inc. for $19,300
Estimated Project Budget: $168,922
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Hill St. Improvements, Northeast Neighborhood)
3146-13
This Addendum to Master Agency Agreement (this "Addendum"), made and entered into as
of the 26th day of June, 2013, by and between the South Bend Department of Redevelopment,
acting by and through its Redevelopment Commission (the "Commission") and the City of South
Bend, Indiana, a municipal corporation duly organized and existing pursuant to the laws of the State
of Indiana, acting by and through its Board of Public Works (the "BPW") for purposes of the
Commission designating the BPW to act as the Commission's agent to undertake the Hill St.
Improvement project (the "Project").
WHEREAS, effective January 1, 2013, the Commission and the BPW entered into a Master
Agency Agreement which authorized the BPW to act as agent for and on behalf of the Commission
for certain projects during 2013; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the
Hill St. Infrastructure project to the Master Agency Agreement by way of this Addendum.
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged,
the BPW and the Commission agree as follows:
1. The Commission hereby empowers and appoints the BPW, pursuant to the Master
Agency Agreement, to act as the Commission's agent for the limited purpose of contracting for and
managing the completion of the Project, the scope of said Project being more specifically described
in "Exhibit A", attached hereto and made a part hereof.
2. All of the terms and conditions of the Master Agency Agreement shall control this
appointment and this Addendum shall be attached to the Master Agency Agreement.
3. Commission staff members are authorized to execute on behalf of the Commission
any documents necessary to carry out the intent of this resolution.
IN WITNESS WHEREOF, the undersigned execute this Addendum to Master Agency
Agreement to be effective as of the date first written above.
rie Schey, Secre ary
South Bend Redevelopment Com
CITY OF SOUTH BEND,
/ AARTMENT F EDEVELOPMENT
(_/ _a(/Ld.LA_~> . ~
rcia • on?s, esi ent
South Bend Red~velopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
~ d Mk f /l3} 13
Gary Gilot, President
Mark Neal, Member
~~~/
Michael Mecham, Member
Exhibit "A"
Scope of Services by Abonmarche Consultants, Inc. for $19,300
Estimated Project Budget: 168,922
ABONMARCHE
Confid~mce By Design
June 20, 2013
Mr. Jitin Kain, Director of Planning
City of South Bend
Department of Community rnvestment
227 West Jefferson Boulevard, Suite 1400S
South Bend, IN 46601
RE: PROPOSAL FOR ENGINEERING SERVICES
Hill Street Improvements
Crescent Avenue to Corby Boulevard
South Bend, Indiana
Dear Mr. Kain:
Engineering
Architecture
land Surveying
Marina/Waterfront
Community Planning
Landscape Architecture
Development Services
ABONMARCHE CONSULT ANTS is pleased to present this proposal to provide professional
services for the proposed project referenced above. Our proposal is based on previous '
discussions and meetings with the South Bend Heritage Foundation.
We greatly appreciate the opportunity to submit our proposal and look forward to working
with you on this project. Our work plan and fee schedule are set forth in Appendix A
If our proposal is acceptable please sign and return a copy of the enclosed standard
agreement to authorize us to proceed: We ihank you. for thi-s opportunity to seNe the City of
South Bend. If you have any questions or concerns, please do not hesitate to contact our
office at ( 57 4} 232-8700.
Sincerely,
ABONMARCHE CONSULT ANTS, INC.
ti~ ( '1_,__
Bradley E. Mosness, PE
Project Manager
750 Lincoln Way Easl
South Bend, IN 46601
57 4.232.8700
341 Airpcrf North Office Pork
Fort Wayne, IN 46825
260.497.8823
95 Wes! Main Slreet
Benion Harbor, Ml 49022
269.927.2295
www.obonmarche.com
36 l First Streel
Monislee, Ml 49660
231.723.l l 98
503 Quaker Stree1
Soulh Haven, Ml 49090
269.637.1293 ~
@~·~.: .. ,.
PROJECT SCOPE
APPENDIX A
WORK PLAN
City of Soulll Bend
Proposal tor Engineering Services
Hill S1reet Improvements
June 20, 2013
Page2 of 4
The proposed project consists of replacing sections of curbs and sidewalks on Hill Street
between Crescent Avenue and Corby Boulevard, and constructing a new paved alley,
approximately 1,000 feet, parallel to Hill Street on the west side with two approaches on Hill
Street and one approach on Corby Boulevard. In addition! the vacated Kalorama Street
approach shall be removed and new sewer/water services designed for the new residential
lot created from the street vacation. We will incorporate our platting efforts previously
performed for South Bend Heritage Foundation to help reduce research and setup time. 11 is
our understanding that Tax Increment Financing (TIF} dolfars will fund the project; therefore, the
project will either be bid or quoted through the City process.
SCOPE OF SERVICES
Based upon our understanding of the project goals and objectives, we propose to perform the
following services to assist the City with completing this community enhancement project:
Task #1: Field Survey
This task includes performing a topographic survey of the proposed project to determine the
location of exisUng features {sidewalks, curbs, pavement, manholes, inlets, visible utilities, etc.},
and fo gather surface elevotions of the alley right-of-way for new pavement. Prior to starting
the field survey, utility f:ocates will be requested through Indiana 811 and utility maps will be
requested from the various utility companies.
Task #2: Engineering Design
This task includes preparing construction documents for the proposed project. We anticipate
these documents to include the Ci1y's standard cover sheet, maintenance of traffic if needed,
plan/profile sheets, construction details, and sewer/water details for the new residential lot.
This task also includes preparing the complete bid package consisting of special provisions,
front end requirements, calculating project quantities, bid proposal, and developing an
estimate of construction costs. We anticipate meeting with the City to kick-off the project,
and to review preliminary and final documents. After any revisions are made, a final set of
construction bid documents shall be submitted to the City. We anticipate working directly
with the City on setting the project schedule and advertisement dates.
Task #3: Bid Period Services
Cify of South Bend
Proposal for Engineering Services
Hill Sireef Improvements
June 20, 20r3
Poge 3of 4
This task includes attending a pre-bid meeting, answering bid questions, preparing
addendums, if necessary, to the bid documents, and tabulating the bids and making a
recommendation of contract award.
Task #4: Construction Phase Services
This task includes attending a pre-construction meeting, answering any questions that arise in
the field, and attending onsite field progress meetings as required by the City and Contractor.
Task #5: Storm Water Pollution Prevention Plan (SWPPP)
If land disturbance is greater than one ( l J acre, a SWPPP Permit is required. This task includes
preparing the required SWPPP, construction details, schedules, state and local permit
applications, and methods for controlling soil erosion in accordance with the City of South
Bendts MS4 Program. These documents shall be submitted for review prior to any earthwork
activities. Submittal ond processing fees for this· task are included in the proposed fee. Please
note this task does not include monitoring/onsite evaluations.
FEES FOR SERVICES
Cl1y of South Send
Proposal tor Engineering Services
Hill S1reet lmprovemenls
June 20, 2013
Page 4 of 4
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 unc.ompleted items for
cost of living increase.
ABONMARCHE will invoice the Cify on a monthly basis for the percentage of work completed
for the lump sum tasks listed below.
Base Services
Task# 1
Task #2
Task #3
Task #4
Field Survey ......................................... .-......................................................... $ 4,600
Engineering Design ...................................................................................... $ 10,000
Bid Period Services ....................................................................................... $ l ,200
Construction Phase Services .......................... ; ........................................... $ 1,000
TOTAL: ......................................................................................................................... $ l 6,800
If Required
Task #5 SWPPP (if land disturbance is greater than 1 acre) ................................ $ 2,500
GENERAL SC.HEDULE
The following schedule is a general guideline of task durations pursuant to previous discussions
with South Bend Heritage providing authorization is received near the end of July.
Field Survey
Construction Documents and Specs
City Bid Process
Construction Start
2 weeks
4 weeks
September
October
Abonmarche Professional Services Agreement
ABONMARCHE -------
AGREEMENT befween: Abonmarche Projec1 Number:
Clien1 name: CITY OF SOUTH BEND DEPARTMENT OF COMMUNITY INVESTMENT Date: JUNE 20. 2013
Client address: 227 WEST JEFFERSON BOULEVARD, SUITE 1400$, SOUTH BEND, IN 46601 Phone: 1574} 235-5835
Cell: Fox: Email: hereinafter referred
to as the Client. and Abonmarche Consultants. Inc .. referred to os Abonmorche, of 750 Lincoln Woy East, South Bend, JN 46601.
The Client contracts with Abonmarche to perform professional services with regard to the Client's project generally referred to as:
Projecf Name: Hill STREET IMPROVEMENTS
Location: CRESCENT AVENUE TO CORBY BOULEVARD
The professional services lo be provided by Abonmarche, collectively referred to as the Work Plan, are as follows:
Scope of work: SET FORTH IN APPENDIX A
Project schedule: OUTLINED IN APPENDIX A
Special Provisions:
Abonmarche proposol/worK pion. doled
described therein.
JUNE 20. 2013 is incorporated into this Agreement by reference. and is limited to the services
The Client agrees fo promptly pay for services provided by Abonmorche for the Scope of Work according fo the following:
(fee$) BASE: $16.800.00 AS OUTLINED IN APPENDIX A TASK #5 (IF REQUIRED):· $2.500.00
Prior to commencement of services. fhe Client will specify ony and all documentation Iha! the Clienl requires for submission with the invoice for services
provided by Abonmarche. Absent ony special request from the Client, Abonmarche will send its standard form of Invoice.
If. offer receipt of an invoice from Abonmarche, the Client has any questions, or If there ore any discrepancies in !he invoice. the Client shall identify the issue in
writing within ten (JO) days of ifs rec~ipt. Jf no written objection is made within the fen (10) day period, any such objection shall be deemed waived.
Abonmarche invoices ore due upon receipt.
The Client hr:ls designated MR. JITIN KAIN, DIRECTOR OF PLANNING as its Representative. The Representative shall hove the authority to
execute any documents pertaining to this Agreement or amendments thereto, and for the approval of all change orders. addenda, and additlonal services to
be performed by Abonmarche. The representative shall be the contact person for submission of a!J documents, invoices or communications.
Authoritotion to Proceed and Guarantee of Payment: By signing this Agreement the Client authorizes Abonmarche to provide services described above. and
that the Client is the responsible party for making payment to Abonmarche. By signing below I ocknow/edge that I have received ond agree to the Terms
and Conditions on Page 2 of this Agreement ond I understand thQt the Terms and Conditions toke Qreceden~e over all grior oral and written !,!.nderstandings.
These Terms and Conditions can only be amended. supplemented. modified, or canceled by a wrilfen 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 ihird day after being deposiled
into first class certified mail. postage prepaid. ref urn receipt requested.
Authorized Client Representative Authorized Abonmarche Representative
CITY Of SOUTH BENO DEPARTMENT OF
·-::;&! ~1.~'
Client: COMMUNITY INVESTMENT Signature: ( .. 4 c.~ .-.~·-'-
....-;..
~~/
Date Signed: Printed Name: . JOHN W. UNN
Signatures: Title: PRINCIPAL-CHAIRMAN OF THE BOARD
Abonmorche Consultants, Inc.
Orfginating Office: 750 Lincoln Way East
Souih Bend, IN 4660 I
T 574.232.8700
F 574.251 .4440
Dote Signed: JUNE 20, 2013
Revised 5-4-1 I Page 1of2
TERMS AND CONDITIONS OF PROFESSIONAL SERVJCfS AGREEMENT
l. Agreement. These Terms anci"condiiions shall be incorporoled by reference and
shall prevall as lhe basis of fhe Client's Agreement lo Abonmarche. Any Client
document or communicalion ln addition to or in conflic1 with lhese Terms and
Conditions shall be subordinate and subjecf lo these provisions.
2. Execution. Abonmorche hos lhe option lo render lhis Agreement null and void,
if it is nol executed wilhln thirty {30} days of delivery.
3. Client Responsibilities. The Client will provide all criteria and informa!ion
concerning lhe requirements of the Projecl. The Client will assvme responsibllily
tor lnlerpretolion or con1ract documenfs and for constf\Jction observation and
will waive all claims against Abonmarche that moy be In any way connected,
unless Abonmarche's services under this Agreement Include full-time
conslruclion observalion or review of c onfraclor'~ performance.
4. Pl:'rtormance. The slondard of core for services performed by or provided by
Abonmarche will be the core and sknl ordinarily used by Abonmorche's
professlon procficing under similar circumstances al lhe same 1ime and In lhe
some Jocalily. Abonmarche makes no warranty, expressed or implied, with
respecl lo ony services provided by Abonmorche. Abonmarche will nol be
Jrable ror any claim, damages, cos!, or expense (including oltorney's fees) or
other llabllity or loss nol directly ond solely caused by the negligenl octs, errors,
or omissions ot Abonmarche.
5. Hourly 8Hling Roles. ff payment is on an hourly rate. Cftenl will poy Abonmarche
ol Jhe current hourly billing roles. The hourly roles ore adjusted annually or as
deemed appropriate.
6. Reimbursable f.xpenses. Reimbursable expenses, the oclual costs incurred
directly or indirec!I/' for !he Clie11l's Project. will be charged al Abonmorche's
current rates. Examples of relmbu1soble expenses include. but are nof limiled lo:
mijeage, tests and analyses, speclol equipmenl seNices, pmloge and delivery
charges, lelephone and lelefax charges, copying, printing, and binding
chorges. commercial lronsportalion. meals, lodging, special fees, licenses, and
permils. Subconsullanl and oulside fechnicol or professional services will be
charged on the basis ol 1he actual cos1s limes a laclor of 1.15.
7. Addilionql Servio::es. Additional services lhal may be provided pursuanl to fhe
Agreement or
any subsequenl modification or 1he Agreement wilf be
authorized, when possible, by wri11en amendment signed on behalf of lhe Client
and Abonmarche. Additional services, performed b)' Abonmorche are subjecf
lo all Terms and Conditions and lhe Cllenl will be responsible for payment.
Should the Client. regutalory agency, or any public body or Inspector direct
modiflca1ion or oddilion to services covered by this Agreemenl. !he cosf will be
added to fhe agreed price. Requests for extra services should be made in
wriling via a change order, bul none the fess. Abonmarche is entitled lo be paid
for exlra services provided whether or not ii is in writing.
8. Underground Structures or l!Urled Utllilies. The Clienl is responsible for
ldentificolion and location of oll public and private buried slruclures on !he
Cfienl's properly and lhe Project site, such as, bul nof llmiled lo, storage tanks
and lines. or gas. woter. sewer, eleclrical, phone, cable, or any other public or
private ufililies. II is ogreed that Abonmarche is not responsible for occidental
damage lo utilllles or underground strucfures, whether known, unknown or
improperly focal ed. The cRenl shall be responsible ror design lees if changes ore
necessary. Ulillly locoling or marking services provided by Abonmorche ore nol
~ubititvles tor complying wilh lhe utility owner notiflcollon requirements or !he
locating services {811 syslems} required prior lo an excovolion. Ulililies shown as
locofed by ground penetrating radar ore approxlmafe only. No excavallon
look place to verify the pmilions shown or lo verify the type of ulilil\' (except as
noted}. Careful excavation is required for verificollon of !he buried ut!ltt•t. 1he
owner or cuslomer assumes the risk of error and the aclual location of lhe
underground utilily. Abonmorche Is nol providing any cerflficalion or guarantee
regarding the exocl localion of any underground utility.
9. Unde-rground Condition$. Abonmorche shall have no responslbilily for the
ldentJlicalfon of exlsllng or unforeseen/differing underground condttions. The
Conlractor shall have sole responsibility for determining lhe nature al
underground condi1ions and the means and methods of dealing with those
condilions. Abonmarche is enfitled to rely upon 1he informollon provided by
geotechnicol consullonfs and shall have no responsibility for !he accuracy or
correctness ol lhe dato contained in the geotechnlcatreports.
JO.Sile Ac<:ess and Security. Wilh lhe exceplion of accessrigh1s thal land surveyors
are afforded by law, 1he Client will provide Abonmarche access lo lhe Project
sile and Jhe Client will be responsible for obloining any necessary permission
from any aftecfed third party property owners for use of !heir lands. The Client is
solely responsible; for stte security.
11.Consul!anls. Abonmarche moy engage Consvlfonls al the requesl of lhe Cfienl
to perform services which are typically lhe Client's responsibillly, svch os surveys,
geotechnical and environmenlal assessments. The Client agrees fhaf
Abonmorche will not be responsible for, or ln ony manner guoranlee, fhe
performance of services by !he Consullonls. The Clienl agrees !hot
Abonmarche will not be liable for ony claim, liabilily, or defense cos! for injury or
loss sustained by ony party allegedly caused by the Consullonts' negligence or
willful misconduct.
12.0plnions ot Cost. Any opinions of probable conslruclion cost and/or total
projecl cost provided by Abonmorche will be on !he basis of experience ond
judgmenl. buf fhese are only esfimofes. Abonmorche does no1 warrant 1hal bids
or ullimale construction or total projec1 cosls will no! vary from such eslimoles.
13.0wnershlp of Wotk Producf. Abonmarche wilt remain lhe owner of oll original
drawings, reporls, and other materials provided lo the Clienl. whelher in hard
copy or magnetic media form. The Client is authorized to use the copies
provided by Abonrnorche only 111 connection wilh lhe Project Any other use or
reuse b7· lhe Client for ony purposes whatever will be at !he Clienl's risl< and full
legal responsibilily, wilhoul llobilily 10 Abonmarche and fhe Clienf will defend.
indemnify, and hold Abonmorche harmless from all claims. damages. losses,
and expenses. including allorne}' tees arising out of or resulting there from.
J 4, Efecfronlc Media. Copies of dofo, repor1s, drawings, specllfcollons, and other
materials furnished by Abonmorche that rnay be telied vpon b}' lhe Client are
limiled to !he printed copies (also known as hard copies) !haf are delivered to
the Clienf pursuonl to lhe services under lhis Agreemenl. Compuler Illes of le.xi.
dola, graphics, or of other lypes of ele~tronic media ore lhe sole possession or
Revised 5-4-11
Abonmarche, unless specifically stoled otherwise in on omendmenl ta fhis
Agreement. Any electronic media provided lmder fhi:; Agreemenf to lhe Client
ore only for lhe convenience of the Clienl. Any concluslo11s or Information
oblolned or derived from sucl'\ electronic files wm be al the user's sole risk.
IS.Bonds and Permil$. The Clienl will be tespons'rble tor the adoption of any sile
access or righl ot way bonds lhal may be inlliated on !heir behalf. Al
comple1fon of Abonmorche's serVices. 1he Clien1 will take responsibWly ond poy
011y ongoing bond or permit costs f.or any bonded or permilled services.
16.Third parfy Invoicing. If !he Client direcls Abonmarche lo Invoice fhird porfy
payers. Abonmarche will do so, bu1 the Cfient agrees 1o be ullimately
responsible for Abonmorche's compensation until the Client provides
Abonmorche with lhe 1hlrd party's wriHen acceplance ot all terms of this
Agreemen1 and un1il Abonmarche agrees lo the subslilufion.
17.Third Porty Beneficiaries. Nolhing conloined in this Agreemenf shall creole a
controclual relationship wilh or a couse of action In favor of a third party
against ellher the Cllenl or Abonmarche. Abonmorclle's seNices under fhls
Agreemen1 are being performed solely for the Client's benefi!, and no other
porly or enlily shall have any claim ogainsl Abonmarche because of this
Agreemenl or performance or nonperformance of s«rvlces hereunder. !he
Client ond Abonmarche agree to require a similar provision In all conlracls with
contractors, subconlroclors. subconsullants, vendors and olher entities involved
in this Projecf lo carry oul the intent of fh/s provision.
18.Suspenslon ot Services. In the event of non-payment by Clienf, Abonmarche
will hove the absolule right fo cease performance of any services.
l9.Controcfor'$ Work: Abonmarche sholl hove no oulhorily to direct or con!rol fhe
Wotk of lhe Controclor or lo slop the Work of lhe Conlractor. Abonmarche shall
nof be liable loony party for the failure of the Conlroctor Jo perform the Work
conslslent wilh lhe Plans and Specifications and applicoble Codes and
Regulallons. Abonmorche shall have no responsibilily or be Hobie tor safely
procedures of the Conlroclor or ifs subconfroctors.
20.Consequential Damages. The Clienl and Abonmorche waive consequenliol
damages for claims. disputes, or o1her matters in question relating lo services
provided as a part of this Agreement, including for example, but nol limited to,
loss of business.
21. Governing law. This Agreemenl will be deemed lo hove been made in SI.
Joseph County, Indiana and shall be governed by and construed In
occordonce wilh the laws of lhe Stole of Indiana.
22. Venue. The parties la) irrevocably submil to the jvrisdiclio11 of any Indiana courl
sifting In 51. Joseph Counly, Indiana ln any aclion arising oul of !his ogreement.
and (b} waive. 1o the rullesl exlenl that they rnay effectively do so. the delense
or on Inconvenient forum. lhe porlles also agree lhol a final judgmenf in any
such action shall J::Je concluslve and may be enforced In other jvrlsdictions•by
suil on lhe judgment. or in any of her manner provided by law.
23. Conslderdlions. The successors, execulors; administrators, and legal
represenlafives of the Clienl and Abonmorche are hereby bound onto the
olher with respecl to the covenants, Agreements, and obligolfons or this
Agreement.
24.Ach or God. Neilher the Client nor Abonmorche wm hove any liability for
nonperformance caused In whole or in port by cavses beyond Abonmarche's
reasonable control. Such causes include, buJ are no! limlfed to. Acls of God,
civil unrest and war. labor unresl and strikes, acts of oulhorilies, and evenis thal
could not be reosonobly anficipoled.
25.Terminalion. Eilher the Client or Abonmarche moy terminate this Agreemenl by
giving ten {10) days written notice to lhe other pony. In such on even!, !he
Client wilt pay Abonmarche in full for all services previously authorized and
performed prior to the effec1ive dale of 1he lerminalion, plus (at the discretion
of Abonmarche) a ferminollon charge Jo cover finaliza!lon of services necessary
lo bring ongoing services lo o logicoi conclusion. Upon receipl of such
payment, Abonrnorche will return lo lhe Clien1 all documen1s and informalion
1hal ore the properly of fhe Client.
26.fntlre Agreement. This Agreement contolns the entire ogreemenl belween the
parties and there ore no agreemenls, represen1olions. slatements. or
understandings which have been relied on by lhe par11es which are nol slated
In !his Agreement.
End of Agreement.
Reviewed by City of South Bend legal Depar1ment 5/4/11
Page 2of2
Exhibit "B"
Amended Project Budget & Scope of Services
Change in Scope of Services by Abonmarche Consultants, Inc.: $27,250
Estimated Total Project Budget: $297,417
-• ABONMARCHE
Con'lldence av t>es~n
February 20, 2015
Ms. Elizabeth Maradik
Department of Community Investment
City of South Bend
227 West Jefferson Boulevard, Suite 14005
South Bend, IN 46601
RE: Proposal for Engineering Services
Hill Street Improvements -Phase II
Crescent Avenue to Corby Boulevard
South Bend, Indiana
Dear Ms. Maradik:
Enginef:lring
A re h ite cture
Lond Surveying
Moririo/Woterfront
Community Plonning
Londscope Architectvre
Devetopment Services
Abonmarche Consultants is pleased to present this proposal to provide professional services
for the proposed project referenced above.
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 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 (57 4) 232-8700.
Sincerely,
ABONMARCHE CONSULTANTS, INC.
Wol~
Chad A. Knip, P .E.
Project Manager
750 Lincoln Way East
South Bend, IN 46601
57 4.232.8700
341 Airport North Office Park
Fort Wayne, IN 46825
260.497.8823
95 West Main Street
Benton Harbor, Ml 49022
269.927.2295
www.abonmarche.com
s:?s.~?:--
Vice President
361 First Street
Manistee, Ml 49660
231.723.1198
503 Quaker Street
South Haven, Ml 49090
269.637.1293
l:Dt303
\%/PCW
PROJECT SCOPE
APPENDIX A
Work Plan
City of South Bend
Proposal for Engineering Services
Hill Street Improvements -Phase II
February 20, 2015
Page 2 of 5
The proposed project consists of work along Hill Street between Crescent Avenue and Corby
Boulevard. The work includes developing plans and bid documents to remove a replace
concrete curb, concrete sidewalk, and concrete approaches, installation of a sanitary sewer
service and brick pavement patching, and evaluating the existing trees in order to save as
many as practical and supplementing with new trees. The plans and specifications will be
developed using work previously performed.
SCOPE OF SERVICES
The scope of services proposed herein includes the design and development of bid
documents for the project and are further described as follows:
Task #1: Right of Way Services
Develop right of way acquisition documents for the City to acquire right of way at the
intersection of alleys constructed in previous phases. Documents will be prepared for a right of
way taking from a total of three parcels.
a) Prepare Exhibit "A" document
b) Prepare Exhibit "B" drawing
c) Prepare Deed of Dedication
Task #2: Preliminary Design
This task includes preparing preliminary construction plans and bid documents for the
proposed project. We anticipate utilizing the survey, design, and drawings developed during
the initial phase of Hill Street Improvements. Anticipated tasks include:
a) Review previous work
b) Modify drawing files to reflect recent construction as current conditions and delineate
proposed improvements
c) Develop maintenance of traffic plan
d) Evaluate existing tree sustainability
e) Develop tree planting and landscaping plan
f) Coordinate with utilities
g)
h)
i)
j)
k)
Assemble plan drawings
Perform quantity calculations
Prepare preliminary cost estimate
Prepare preliminary specifications and bid proposal
Submit preliminary plans and bid documents to the City for review
City of South Bend
Proposal for Engineering Services
Hill Street Improvements -Phase II
February 20, 2015
Page 3 of 5
I) Revise and finalize plans, bid documents, and cost estimate based on City review and
comments
m) Review and quality control
Task #3: Final Design
This task includes preparing final construction plans and bid documents for the proposed
project, including revisions in accordance to City review. Anticipated tasks include:
a) Finalize typical cross sections
b) Finalize maintenance of traffic plan
c) Finalize design of improvements on plan sheets
d) Finalize tree planting and landscaping plan
e) Develop Construction Detail Sheets
f) Perform quantity calculations
g) Prepare preliminary cost estimate
h) Prepare preliminary specifications and bid proposal
i) Submit final plans and bid documents for City review
j) Revise per City review and submit Final Bid Plans
Task #4: Bid Period Services
a) Attend pre-bid meeting
b) Answer bidders questions
c) Prepare addenda if necessary
d) Attend bid opening
e) Tabulate bids and make recommendation of award
Task #4: Construction Phase Services
a) Attend preconstruction meeting
b) Review shop drawings as directed by the City
c) Answer construction questions as directed by the City
II
APPENDIX B
Fees for Services and Schedule
FEES FOR SERVICES
City of South Bend
Proposal for Engineering Services
Hill Street Improvements -Phase II
February 20, 2015
Page 4 of 5
Abonmarche will be paid the lump-sum amount of $7,950.00 for performing Tasks l through 4
as described in Appendix A. Abonmarche will invoice the City on a monthly basis for the
percentage completed for each task. The following are the fees for the various tasks:
Task Estimated Completion
Task #1 Right of Way Acquisition ............................................................................. $ 2,400
Task #2 Design ............................................................................................................ $ 3,250
Task #3 Bid Period Services ....................................................................................... $ l ,500
Task #4 Construction Phase Services ......................................................................... $ 800
TOTAL Lump-Sum Amount: ....................................................................................... $ 7,950
ANTICIPATED SCHEDULE
Task
Task# 1
Task #2
Right of Way Services
Design
City of South Bend
Proposal for Engineering Services
Hill Street Improvements -Phase II
February 20, 2015
Page 5 of 5
Estimated Completion
7 Days from Notice to Proceed
30 Days from Notice to Proceed
Using an estimated Notice to Proceed of March 24, 2015 and the above schedule, the
milestones listed would be reached at the following dates:
Task
Rig ht of Way Services
Design
Bid Advertisement
Bid Opening
Begin Construction
End Construction
II
Estimated Completion
March 31, 2015
April 23, 2015
Mayl5,2015
June 9, 2015
July 13, 2015
August 31, 2015
1111 ABON~d~£~.,§
ABONMARCHE CONSULTANTS, INC.
750 Lincoln Way East
South Bend, IN 46601
DESCRIPTION
Exhibit "A"
Exhibit "B"
Deed of Dedication
Total Hours
Cost Per Hour
Total Cost by Classification
20 Year Title Search
0
$210.00
$0.00
1
1
APPENDIX A-1
Right of Way Services
Staff Hour Justification
Sr; Proje'tt , ' <Project
s~rv~vri~ Erigin~e~
CLIENT: City of South Bend
PROJECT: Hill Street Improvements
SHEET 1of1
February 20, 2015
2 I I I 3 I 5 I $455.00
2 I I I s I 7 I $605.00
2 I I I I 3 I $355.00
6 0 0 8 15 $1,415.00
$125.00 $115.00 $125.00 $80.00 $75.00
$125.00 $690.00 $0.00 $0.00 $600.00 $1,415.00
$330/ Parcel @ 3 Parcels Each= $990.00
Total $2,405.00
ll•ABON~d~£~.,~
ABONMARCHE CONSULTANTS, INC.
750 Lincoln Way East
South Bend, IN 46601
I·
,·.c:. : .\
'~" ".:~I IUl'I.
-: ......... ,,•
··• : ::.. ,:'":, ..... '
Update and Separate Drawings
Review Existing Trees
Develop Project Specifications
Quantity Caluclations
Prepare Preliminary Cost Estimate
Administration and Coordination
Finalize Plans and Specificaitons
Quality Control
Total Hours
Cost Per Hour
Total Cost by Classification
\' :. ... • .<: .:-·
·,•,' ..
' :.r'11111 .. ;1-1a; ·::•. ::: ,,,,:
''
'·""·· ' "'
2
2
$165.00
$330.00
APPENDIX A-1
Prelminary Design
Staff Hour Justification
CLIENT: City of South Bend
PROJECT: Hill Street Improvements
·>'...·:,.•·•: ,., STAFF;f-IQURSBY CLASSIFICATION .. · .. •·· ... ." ./ .. ·• ·.. ' '
•. <Projeet
; •rviari~!~ef'
'·>sr;Project •Project .. . .. ·.·.· ... · .· ,·······.·•:•\'.,:
, .Surveyor Ertgirfoer ... · ,Staff Engineer ,cADD:TecH
4
3
1 4
4
2
2
1 4
4 0 17 0 4
$125.00 $115.00 $125.00 $80.00 $75.00
$500.00 $0.00 $2,125.00 $0.00 $300.00
SHEET 1of1
February 20, 2015
I "·_ . i ...
\:,:, ,./ ...... ~.· ~·,._:z? .'··•.· ..... :> ...... < ;.<
I\ TA~~I .'" •· 1,·:_,·: .. ' -.. ""' ·-'"" ,;)\',,,
: '' .... ".:" : ,; ~ .. -:. ' " :
4 $300.00
3 $375.00
5 $625.00
4 $500.00
2 $250.00
2 $250.00
5 $625.00
$330.00
$0.00
$0.00
$0.00
25 $3,255.00
$3,255.00