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Home My WebLink AboutNo. 3209 approving and authorizing execution of an Addendum to the Master Agency Agreement (Fellows St. Supplement #8) RESOLUTION NO. 3209 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Fellows Street Corridor Improvement Project- Supplement#8) (2865-11,2972-11,3037-12,3045-12,3104-12,3128-13,3139-13,3171-13,3209-14) 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 during 2014; 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by way of an Addendum on April 12, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #1 by way of Resolution 2972 on December 13, 2011; and WHEREAS, the Commission amended the Addendum with Supplement #2 by way of Resolution 3037 on May 31, 2012; and WHEREAS, the BPW tabled Supplement#3 to the Addendum on June 26, 2012; and WHEREAS, the Commission amended the Addendum with Supplement #4 by way of Resolution 3104 on November 8, 2012; and WHEREAS, the Commission amended the Addendum with Supplement #5 by way of Resolution 3128 on March 14, 2013; and WHEREAS, the Commission amended the Addendum with Supplement #6 by way of Resolution 3139 on May 9,2013; and WHEREAS, the Commission amended the Addendum with Supplement #7 by way of Resolution 3171 on September 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 (Fellows Street Corridor Improvement Project - Supplement #8) 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 March 13, 2014, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. (Signature Page Follows) CITY OF SOUTH BEND, DEPARTMENT OF ' DEVELOPME .rcia . ones, jsi.-n South Bend Redeye opment Commission AT `T: ,. L..a r /. .OF?. Do ald E. nks, Secretary South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Fellows Street Corridor Improvement Project- Supplement#8) (2865-11,2972-11,3037-12,3045-12,3104-12, 3128-13, 3139-13,3171-13,3209-14) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment"), made and entered into as of the 25th day of March, 2014, 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 Fellows Street Corridor Improvement Project- Supplement#8 (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 during 2014; 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by way of an Addendum on April 12, 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#1 during December 2011; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#2 during May 2012; and WHEREAS, Supplement #3 to the Addendum was tabled by the BPW during June 2012; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#4 during November 2012; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#5 during March 2013; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#6 during May 2013; and WHEREAS, the Addendum was amended by both the BPW and the Commission by Supplement#7 during September-October 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", amended by Supplement #1 as described in "Exhibit B", amended by Supplement #2 as described in "Exhibit C", tabled Supplement #3 as described in "Exhibit D", amended by Supplement #4 as described in "Exhibit E", amended by Supplement #5 as described in "Exhibit F", amended by Supplement #6 as described in "Exhibit G", amended by Supplement #7 as described in "Exhibit H", and now amended by Supplement #8 as described in "Exhibit I" 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 REDEVELOPME Marcia I. Jones j' esident South Bend Rede opment Commission A i ST: i /i Of iNna . . Inks, Secretary South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS A ry Gilot, President Patric Henthurn, Member 25DL. Brian Pawlowski, Member lw•I %-16244L/' D vi, ' •los, Member Ai. la/ i Z ath , 'oos, Member/ ATTEST: da Martin, C erk Exhibit"A" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT See attached proposal from Christopher B. Burke Engineering Ltd. dated April 4, 2011 and approved by the Board of Public works on April 25, 2011 Exhibit"B" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT#1 See attached Amendment dated December 6, 2011 and approved by the Board of Public Works on December 22, 2011 Exhibit"C" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #2 See attached Amendment dated May 1, 2012 and approved by the Board of Public Works on June 26,2012 Exhibit"D" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #3 This exhibit was approved by the Redevelopment Commission in June 2012 Tabled by BPW • Exhibit"E" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #4 See attached Amendment dated November 2, 2012 and approved by the Board of Public Works on November 20, 2012 Exhibit"F" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT#5 See attached Amendment dated March 14,2013 and approved by the Board of Public Works on March 26,2013 , Exhibit"G" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #6 See attached Amendment approved by the Redevelopment Commission on May 9, 2013 and approved by the Board of Public Works on May 14, 2013 Exhibit"H" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT#7 See attached Amendment approved by the Redevelopment Commission on September 26, 2013 and approved by the Board of Public Works on October 8, 2013 Exhibit"I" FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT SUPPLEMENT #7 Fellows Street and Ireland Road Intersection Improvements Design & Coordination, $12,306 See attached Amendment of Agreement from Christopher B. Burke Engineering, LLC dated February 24, 2014 Fellows Street Drainage Improvements Design, $2,592 See attached Scope Change Order Form Number 2 from Cardno JFNew dated February 27, 2014 Demolition (4404 Fellows), $12,000 Street Improvement/ Construction, $900,000 RECEIVED FEB 2 8 2014 C Christopher B. Burke Engineering, LLC B220 W.Colfax Ave. Suite 500 South Bend,IN 46601 574.282.8001 cbbel-in.com February 24, 2014 Mr.Michael Divita City of South Bend 227 W.Jefferson Blvd. 14th Floor County-City Building South Bend, IN 46601 Subject: Amendment of Agreement Fellows Street and Ireland Road Intersection Improvements Dear Mr. Divita: In accordance with our contract, we are providing you with this summary of the additional work not included in the original contract Scope of Work. The proposed project changes were presented to you in an email on February 7, 2014 and then discussed during a phone conversation with you on February 14, 2014. The contract Scope of Work is proposed to be modified as follows: 1. Update the Maintenance of Traffic Plan: This effort will include CBBEL's coordination with CARDNO JF New in order to incorporate the plan for the closure of Walter and Fellows into the project documents. CARDNO JF New will be responsible for the plan; CBBEL will review it for completeness and add it to the bid documents. 2. Update the Construction Phasing: This effort will include the coordination with CARDNO JF New to update the construction phasing sequence for the project due to the closure of the Walter and Fellows intersection. The project schedule will also be updated. 3. Bid Document Updates: This effort will include updating the bid documents based on comments received from the Division of Engineering, incorporating the updates from CARDNO JF New into the bid documents and creating a Gant Chart Schedule (per the request of the Division of Engineering). 4. Additional Utility Coordination: Due to the change in the project schedule the utility information will need to be updated, specifically those with relocations required as part of the project (Indiana & Michigan Power). This effort will include updating the utilities regarding the construction schedule and specifically coordinating with l&M regarding their relocations. 5. Bid Services: CBBEL will provide bid services that include attending the pre-bid conference, writing addenda, preparing a bid tabulation, and providing an award recommendation memo. Total Additional Estimated Fee: $12,306 Fellows Street and Ireland Road Intersection Improvements February 24,2014 19.R120543.00000 Page 1 In summary, an amendment to the current contract is requested that will require an additional $12,306 in order to complete the 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, 4111 P/ Jon D.Stolz, P.E. Managing Vice ' esident THIS AMENDMENT PROPOSAL FOR THE FELLOWS STREET AND IRELAND ROAD INTERSECTION IMPROVEMENT PROJECT IS ACCEPTED BY THE CITY OF SOUTH BEND, INDIANA-DEPARTMENT OF PUBLIC WORKS. ACCEPTANCE The above contract is accepted this day of 2014 Subject to the following conditions: BOARD OF PUBLIC WORKS Gary A.Gilot- President Member ATTEST: Member Linda M. Martin -Clerk Member Member Fellows Street and Ireland Road Intersection Improvements February 24,2014 19.R120543.00000 Page 2 r' car-dno Scope Change Order Form Project Name: City of South Bend — Fellows Street Project Number/ Phase: 0811208.00 / 81 Date: 2/27/14 Change Order Number(1, 2, 3, etc.): 2 Prepared By: Christine Dittmar Project Manager: Christine Dittmar — Change Requested (describe in detail): Client requested additional work which was outside original scope of work, regarding 100% construction bid plan submittal from November, 2013. TASK 1: ITEMS BEYOND THE ORIGINAL SCOPE OF BUDGET FOR 100% SUBMITTAL This task covers our effort above and beyond the previous budget to bring the construction bid plan set to 100% submittal again. a. Revision to header detail b. Addition of curb/gutter detail c. ADA ramp detail d. Special provisions modifications as needed e. Project Management f. QAQC and review by Senior Engineering staff for the 100% submittal Cardno JFNew's Standard Hourly Rates, Plus Expenses Not to Exceed: $2,592.00 Resulting Change(s) to Project Schedule: None Resulting Budget Change (adjusted fee for change): Not to Exceed: $2,592.00 Change Requested By: Christine Dittmar Change Approved By: Signature Printed Name/Title Company Authorization Date Op- ations Manager C-/.no JFNew Revised:225;13 Last sired by