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HomeMy WebLinkAbout6E(2) Z) %F //h/ Department of Community Investment Memorandum April 24, 2014 TO: Redevelopment Commission FROM: David Relos, Economic Resources Qt SUBJECT: Resolution No. 3212 & Amendment to the Addendum to the Master Agency Agreement Southside Improvements Project This Resolution and Agency Agreement are for a Professional Services Agreement with Christopher B. Burke Engineering, to assist in right of way acquisition and update project specs to accommodate needed changes to address owner concerns for the Bowen Ave. and Ireland & Miami Sidewalk Projects; High & Ireland Intersection Improvements; and additional design services to rework the berm around the Erskine Retention Basin on the north side of Erskine Plaza, in the South Side Development Area. In recent years, an effort has been made to upgrade and connect the sidewalk and drainage systems in this south side shopping district. As this area has grown, certain areas have had sidewalks installed while other areas have not, and the retention basin serving this area has been expanded. Staff requests approval of Resolution No. 3212 and Amendment to the Addendum to the Master Agency Agreement, in a not-to-exceed amount of $8,100. 227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV RESOLUTION NO. 3212 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT Southside 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 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 Southside Improvements Project to the Master Agency Agreement by way of an Addendum on October 22,2013; 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 (Southside 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 April 24, 2014, 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 (Southside Improvements Project) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment"), made and entered into as of the 13th day of May, 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 Southside 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 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 Southside Improvements Project to the Master Agency Agreement by way of an Addendum on October 22, 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) 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 David Relos,Member Kathryn Roos, Member Patrick Henthorn, Member Brian Pawlowski, Member ATTEST: Linda Martin,Clerk Exhibit"A" Christopher B. Burke Engineering Professional Services Agreement Southside Improvements Project Project Scope and Description: Update plans/specs for the Bowen Ave. and Ireland & Miami Sidewalk Projects, and High & Ireland Intersection Improvements Project; as well as design and survey services for a drainage solution for Erskine Golf Course from Ireland to the course's pond; and design services to remove the berm around the Erskine Retention Basin on the north side of Erskine Plaza. (see attached Professional Services Agreement). Budget: $46,682 Exhibit"B" Christopher B. Burke Engineering Professional Services Agreement Change in Scope of Services Southside Improvements Project Additional scope of services to assist in Right of Way acquisitions for the High & Ireland,Ireland & Miami, Bowen Street, and Erskine Retention Basin infrastructure improvements and plan sheet updates. $8,100 C Christopher B. Burke Engineering, LLC BB 220 W.Colfax Ave. Suite 500 South Bend,IN 46601 574.282.8001 cbbel-in.com April 16,2014 RECEIVED APR 21 2014 David Relos City of South Bend Department of Community Investment 14th Floor County-City Building South Bend, IN 46601 Subject: Southside Project Improvements-Amendment II Professional Services Proposal Dear Mr. Relos: In accordance with our contract, and per the directions you provided during our phone conversation on April 14th, 2014, 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. The scope changes and additional work are described below: 1. Assist with the right of way acquisition process that included exhibit preparation and coordination with DLZ. Update Bowen Avenue sidewalk project based on comments received during right of way acquisition and update bid documents. 2. Assist with the right of way acquisition process that included exhibit preparation and coordination with DLZ. Update Miami Avenue and Ireland Road sidewalk project based on comments received during right of way acquisition and the update of the bid documents. 3. Assist with the right of way acquisition process that included exhibit preparation and coordination with DLZ. Update the High Street and Ireland Road intersection project documents and grading based on the comments received during right of way acquisition. The design of the sign relocation will be completed by a sign design consultant contracted separately by the city. CBBEL will incorporate the sign relocation design into the overall bid documents. 4. Update the design to remove the berm around the Erskine Retention Basin and replace it with a wooden guard rail. Changes to the design based on new information provided by the Division of Engineering. The plans will use the latest aerial as provided by the city GIS (no additional survey services are included). Incorporate plans and specifications into the overall south side improvement project bid documents. Additional Estimated Fee: $8,100.00 We believe this extra work is justified and necessary for a complete design. In summary, an amendment to the current contract is requested that will require an additional $8,100.00 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. City of South Bend Southside Project Improvements-Amendment II April 16,2014 19.R100167.00001 Page 1 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. Managing Vice President THIS PROPOSAL, ESTIMATED FEE, SCHEDULE OF CHARGES FOR PROFESSIONAL SERVICES, AND GENERAL TERMS & CONDITIONS FOR THE SOUTHSIDE IMPROVEMENT PROJECTS 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 JDS/bwm/jdd City of South Bend Southside Project Improvements-Amendment II April 16,2014 19.R100167.00001 Page 2