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Home My WebLink About6G(1) Resolution No. 2682~~ c, ~f) • • SOUTL{ B -p~ .,pli ~~'~I/~ ~'~O. ~ :~, Community & Economic Development ~~`~~~, 1200 County-City Building, 227 West Jefferson, South Bend, Indiana 46601-1830 Phone 574/235-9371 Fax 574/235-9021 To: Redevelopment Commission From: Bill Schalliol, Economic Development Planner Subject: Resolution 2682 & Addendum to the Agency Agreement Erskine Detention Pond Relocation Project -Phase Three Professional Service Proposal - Christopher B Burke Engineering Date: May 18, 2010 Attached to this staff report is Resolution 2682 and an Addendum to the Master Agency Agreement between the Commission and the Board of Public Works. Resolution 2682 and the addendum relate to the Erskine Detention Pond Relocation Project -Phase Three. The Erskine Detention Pond Relocation Project -Phase Three is a revision of the scope of design services for the pond project due to the reconsideration of redesigning and reconstructing the existing retention areas in place. The proposal will also design pedestrian connection elements along Miami Road to the intersection of Bowen and Miami. Attached to the addendum as an exhibit is a professional services proposal from Christopher B Burke Engineering for the professional and design services related to the Erskine Detention Pond Relocation Project -Phase Three. The proposal amount for the professional services is $9,420.00. This will be an expansion of their existing $142,200.00 contract approved by the Commission and Board of Public Works in February 2010. Approval of the professional services proposal will be done by the Board of Public Works. Staff requests approval of this resolution and addendum. What We Do Today Makes A Difference! RESOLUTION N0.2682 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Erskine Detention Pond Relocation Project -Phase Three) WHEREAS, effective January 1, 2010, 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 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Relocation Project -Phase Three by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the Soutli Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Erskine Detention Pond Relocation Project -Phase Three) and hereby authorizes its execution in substantially the foi7n 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. Don Inks or Jeff Gibney is authorized to execute on behalf of the Commission any documents necessary to can-y out the intent of this resolution. ADOPTED at a meeting of the South Bend Redevelopment Commission held on May 2l , 2010, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission ADDENDUM TO MASTER AGENCY AGREEMENT (Erskine Detention Pond Relocation Project -Phase Three) This Addendum to Master Agency Agreement (this "Addendum"), made and entered into as of the 24th day of May, 2010, 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 Erskine Detention Pond Relocation Project -Phase Three (the "Project') WHEREAS, effective January 1, 2010, 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 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Erskine Detention Pond Relocation Project -Phase Three 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 A~~ency 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 tei•~ns and conditions of the Master Agency Agreement shall control this appointment and this Addendum shall be attached to the Master Agency Agreement. 3. Don Inks or Jeff Gibney is 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. 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 Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" ERSKINE DETENTION POND RELOCATION PROJECT -PHASE THREE See Attached Proposal from Christopher B. Burke Engineering, Ltd. dated May 7, 2010 MAY 12 ~(11~ CHRISTOPHER B. BURKE ENGINEERING, LTD. National City Center Suite 1368 South 115 W. Washington St. Indianapolis Indiana 46204 TEL (317) 266-8000 FAX (317) 632-3306 TOLL FREE (888) 463-1974 May 7, 2010 Bill Schalliol Senior Planner Division of Economic Development Cit~r of South Bend 12t County-City Building South Bend, IN 46601 Subject: Amendment of Agreement Erskine Detention Ponds Project (CBBEL Project No. 09-00249.00002) Dear Mr. Schalliol: In accordance with our contract, and per the directions you provided at our meeting on April 16tH 2010, we are notifying you of a change in the scope of our project which results in additional work that was not included in the original contract Scope of Work. Our original Estimated Fee was $142,200. The scope changes and additional work are described below: 1. The original scope included the relocation of the existing East pond, the rehabilitation of the existing West pond, and the design of a new pond along with the necessary storm sewer piping. The new scope now includes the full rehabilitation of both existing ponds and removes the design of the new pond. The new scope also includes design of an end of pipe treatment structure, maximization of the storage volume in the existing ponds, incorporation of proper maintenance access points, and the design of a more appropriate and natural planting schedule within area of the existing ponds. 2. Provide sidewalk and street lighting on Miami adjacent to the existing pond (west side of Miami only). The new sidewalk and street lighting will match the existing and will commence on the north side of the pond property and terminate at Bowen Street. 3. Provide additional Geotechnical investigation not included in the original contract. Original Estimated Fee: $142,200.00 Additional Estimated Fee: $9,420.00 Christopher B. Burke Engineering Ltd. City of South Bend: Erskine Pond Amendment P01.090249.00002 Page 1 Amended Estimated Fee: $151,620.00 CBBEL will be able to utilize the remaining design fee in the existing Erskine Detention Pond Relocation Phase II contract to complete the scope change described in item 1. The additional fee covers items 2 and 3, which are new scope items. We believe this extra work is justified and needed for a thorough design. In summary, an amendment to the current contract is requested that will require an additional $9,420.00 in order to complete additional work not included in the original Scope of Work. This amendment is subject to the General Terms and Conditions included in the original contract. If the information provided above meets with your approval, please sign this amendment and send a copy back to us as notice to proceed with the additional work. If you have any questions regarding this amendment, please contact me or Jason Durr, P.E. at 574-282-8001. Sincerely, JDS/jd Jon D. Stolz, P.E. Manager, Indiana THIS AMENDMENT OF AGREEMENT ACCEPTED FOR CITY OF SOUTH BEND BY: The above contract is accepted this day of Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A. Gilot, P.E., President Donald E. Inks, Member ATTEST: Carl P. Littrell, P.E., Member 2010 Linda M. Martin, Clerk Christopher B. Burke Engineering Ltd. City of South Bend: Erskine Pond Amendment P01.090249.00002 Page 2