HomeMy WebLinkAboutNo. 2682 approving/authorizing the execution of an addendum to the Master Agency Agreement (Erskine Detention Pond Relocation Project - Phase Three)• RESOLUTION NO. 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 South 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 form attached hereto with such
changes as the Commission may deem necessary or appropriate upon the advice of
counsel, said execution thereof to be conclusive evidence of the Commission's approval
of such changes. The Clerk is hereby directed to file a copy of the Addendum with the
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Section 2. This Resolution shall be in full force and effect after its adoption
by the Commission.
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Section 3. Don Inks or Jeff Gibney is authorized to execute on behalf of the
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Commission any documents necessary to carry out the intent of this resolution.
ADOPTED at a meeting of the South Bend Redevelopment Commission held on
May 21, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
ATTEST:
Nancy N. Kidd, Secretar
South Bend Redevelopment Commission
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
A. Varner, Vice President
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 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
0 being more specifically described in "Exhibit A ", attached hereto and made a part hereof.
0 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. 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
0 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:
0 Linda Martin, Clerk
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Exhibit "A"
ERSKINE DETENTION POND RELOCATION PROJECT — PHASE THREE
See Attached Proposal from Christopher B. Burke Engineering, Ltd. dated May 7, 2010
R% E C, i" V E D
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
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May 7, 2010
Bill Schalliol
Senior Planner
Division of Economic Development
Ci. � 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
3 Christopher B. Burke Engineering Ltd. City of South Bend: Erskine Pond Amendment
P01.090249.00002 Page 1
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Amended Estimated Fee: $151,620.00
CBBEL will be able to utilize the remaining design fee in the existing Erskine Detention Pond
Relocation Phase I I 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,
Jon D. Stolz, P.E.
Manager, Indiana
JDS /jd
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
Carl P. Littrell, P.E., Member
Christopher B. Burke Engineering Ltd.
P01.090249.00002
ATTEST:
, 2010
Linda M. Martin, Clerk
City of South Bend: Erskine Pond Amendment
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