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HomeMy WebLinkAbout6B2%/S Cz) Department of Community Investment Memorandum Monday, December 9, 2013 TO: Redevelopment Commission FROM: Michael Divita fw SUBJECT: Ignition Park Infrastructure Phase 1B Construction Documents Attached to this memorandum is Resolution 3190 and Amendment to the Addendum to the Master Agency Agreement (Ignition Park Phase 1B Infrastructure - Supplement #1) for Ignition Park Infrastructure Phase 1B construction documents. The Amendment authorizes the Board of Public Works to act as the Commission's agent, and it sets a total budget of $287,400 for BSA LifeStructures to complete plans and bid specifications. On October 11, 2011, the Redevelopment Commission approved a $335,000 proposal from BSA to begin developing the design for the second portion of the Ignition Park infrastructure (Phase 113). Since that time, as part of that contract, BSA has completed design of rough grading of the site and developed a revised conceptual design for the infrastructure. The new infrastructure system is much leaner than initially envisioned and reflects feedback received from developers about maximizing development sites. About 30% of the budget for the preliminary design remains unspent; these remaining funds are to be returned to the Airport Economic Development Area TIF reserve to be used for future projects. The current proposal from BSA, which reflects the revised concept, includes the development of construction documents (plans and bid specifications) for the following elements: North -south street and sidewalks connecting Sample Street to the circle at the center of the Park, • Street lighting and landscaping, • Utilities (water, sewer, electric, gas, communications), • Drainage and stormwater management, and Final site grading. Staff requests approval of Resolution 3190 and Amendment to the Addendum to the Master Agency Agreement (Ignition Park Phase 1B Infrastructure - Supplement #1), including the $287,400 budget from the Airport Economic Development Area TIF. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV RESOLUTION NO. 3190 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase 1B Infrastructure - Supplement #1) WHEREAS, effective January 1, 2013, 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 2013; and 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 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 Ignition Park Phase 1B Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13, 2011; 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 (Ignition Park Phase 113 Infrastructure 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 December 12, 2013, at 9:30 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 AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase 113 Infrastructure - Supplement #1) (2970-11,3190-13) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 19th day of December, 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 Ignition Park Phase 1B Infrastructure - Supplement #1 (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, 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 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 Ignition Park Phase 1B Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13, 2011; 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 by Supplement #1 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 Mark Neal, Member David Relos, Member Kathryn Roos, Member ATTEST: Linda Martin, Clerk Exhibit "A" IGNITION PARK INFRASTRUCTURE PHASE 1B PROJECT See attached Proposal from BSA LifeStructures dated October 4, 2011, approved by the Redevelopment Commission on December 13, 2011 and approved by the Board of Public Works on December 22, 2011 Exhibit "B" IGNITION PARK INFRASTRUCTURE PHASE 1B PROJECT SUPPLEMENT #1 See attached Proposal Budget This is EXHIBIT C, consisting of 2 pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated , Payments to Engineer for Services and Reimbursable Expenses COMPENSATION PACKET BC -1: Basic Services — Lump Sum Article 2 of the Agreement is supplemented to include the following agreement of the parties: ARTICLE 2 — OWNER'S RESPONSIBILITIES C2.01 Compensation for Basic Services (other than Resident Project Representative) — Lump Sum Method of Payment A. Owner shall pay Engineer for Basic Services set forth in Exhibit A, except for services of Engineer's Resident Project Representative, if any, as follows: 1. A Lump Sum amount of $287,400 based on the following estimated distribution of compensation: a. Preliminary Design Phase b. Final Design Phase c. Bidding and Negotiating Phase d. Construction Phase e. Post - Construction Phase $101,916 $148,048 $18,050 $15,000 (Allowance) $ 4,350 2. Engineer may alter the distribution of compensation between individual phases noted herein to be consistent with services actually rendered, but shall not exceed the total Lump Sum amount unless approved in writing by the Owner. 3. The Lump Sum includes compensation for Engineer's services and services of Engineer's Consultants, if any. Appropriate amounts have been incorporated in the Lump Sum to account for labor, overhead, profit, and Reimbursable Expenses. 4. The portion of the Lump Sum amount billed for Engineer's services will be based upon Engineer's estimate of the percentage of the total services actually completed during the billing period. B. Period of Service: The compensation amount stipulated in Compensation Packet BC -1 is conditioned on a period of service not exceeding ten 10 months. If such period of service is extended, Engineer and Owner shall review if the compensation amount for Engineer's services shall be appropriately adjusted. Page I Exhibit C — Compensation Packet BC -1: Basic Services (other than RPR) — Lump Sum Method of Payment EJCDC E -500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.