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HomeMy WebLinkAboutResolution 2019-02 (Garmong CMc contract for Monon and Main south facade)RESOLUTION NO. 2019-02 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION REGARDING MONON AND MAIN GARAGE SOUTH FACADE CMC CONTRACT WHEREAS, the City of Carmel, Indiana (the "City") is an Indiana municipal corporation; and WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental entity created and authorized to administer certain redevelopment activities within the City; and WHEREAS, pursuant to that certain Installment Purchase Contract (Garage Air Parcel/Garage Component) with Monon and Main, LLC, as the "Developer", dated June 16, 2017, the CRC holds equitable title to the parking garage (the "Garage") that is a portion of the so-called Monon and Main project located at the southwest corner of West Main Street and the Monon Greenway; WHEREAS, pursuant to that certain Project Agreement (Monon and Main) with the Developer dated December 21, 2016, as amended, the CRC is obligated to make certain upgrades or improvements to the south fagade of the Garage (the "South Facade Project"); WHEREAS, pursuant to the Indiana Construction Manager as Constructor Statute, Indiana Code 5-32-1-1 et seq. (the "CMc Statute"), the CRC may solicit and enter into agreements for construction manager as constructor ("CMc") services to construct and complete public projects such as the South Fagade Project; and WHEREAS, on December 14, 2018, the CRC issued and caused to be published, in accordance with the requirements of the CMc Statute and other requirements of the Indiana Code, a Request for Proposals for Construction Manager as Constructor Services (the "South FaVade RFP"); and WHEREAS, responses to the South Facade RFP were due no later than January 8, 2019; WHEREAS, after reviewing all responses to the South Fagade RFP, the CRC Evaluation Committee (the "Evaluation Committee") contingently selected C. H. Garmong & Son, Inc. ("Garmong") to be the best qualified bidder to act as CMc for the South Facade Project; and WHEREAS, on January 9, 2019, the Evaluation Committee furnished to Garmong a Notice of Contingent Award Recommendation as CMc; and WHEREAS, on January 11, 2019, representatives from the CRC and Garmong met to review and discuss additional planning and information on the South Fagade Project and the CMc services to be provided by Garmong; and WHEREAS, on January 15, 2019, Garmong famished additional information regarding its proposal to provide preconstruction services, value engineering, and site management and safety, and confirmed that Garmong is agreeable to executing the CMc contract as set forth in the South Fagade RFP; and WHEREAS, based on review and evaluation of Garmong's response to the South Fagade RFP, as well as the additional information submitted by Garmong on January 15, 2019, the Evaluation Committee has recommended to the CRC that the CRC award to Garmong the CMc contract for the South Fagade Project; and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to: (a) enter into a CMc contract with Garmong on terms consistent with Garmong's response to the South Fagade RFP and additional information submitted by Garmong (the "CMc Contract'), pursuant to which: (i) the CRC will initially commit to paying to Garmong up to $5,000.00 for preconstraction services, including soliciting bids and determining a guaranteed maximum price for the South Facade Project (the "GMP"); and (ii) Garmong, with the approval of the Evaluation Committee, will set a GMP in an amount not to exceed $659,055.00, which amount includes $5,000.00 for preconstruction services; and (b) perform and observe all actions, covenants, and obligations of the CRC under the CMc Contract and the other documents contemplated hereunder and/or thereunder; all as authorized by the CMc Statute, Indiana Code 36-7-14, and other applicable law. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Carmel Redevelopment Commission that: 1. The foregoing Recitals are fully incorporated herein by this reference. 2. The CRC will execute and deliver the CMc Contract, which CMc Contract shall be consistent with the Compensation Schedule set forth on Exhibit A, attached hereto and incorporated herein by reference. 3. Garmong will be released immediately to perform certain preconstruction services as set forth in the CMc Contract in an amount not to exceed $5,000.00. 4. The GMP in the final CMc Contract, as approved by the Evaluation Committee, will not exceed $659,055.00, with that portion of the GMP consisting of the construction management fee and insurance being subject to change based on the actual bids received and awards made by Garmong for the South Fagade Project so long as the GMP does not exceed $659,055.00. 5. The CRC will execute and deliver such other agreements, instruments, certificates, and other documents, and perform and observe such other actions, covenants, and obligations, as necessary or desirable in connection with the CMc Contract and Garmong's construction and completion of the South Fagade Project, so long as the CRC's total obligation to Garmong with respect to the South Fagade Project does not exceed $659,055.00. 6. Each agreement, instrument, certificate, and other document contemplated by this Resolution to be executed and delivered by the CRC, including, without limitation, determination of the GMP, shall be in a form approved by, and satisfactory to, the President and Executive Director of the CRC, with guidance from the Evaluation Committee, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof by the President, Vice President, Secretary, and/or Executive Director of the CRC. 7. The President and Executive Director of the CRC are authorized to execute and deliver all of the agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed and delivered by the CRC. In the absence of the President and/or Executive Director, the Vice President and/or Secretary of the CRC shall be authorized to execute and deliver all of the agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed and delivered by the CRC. The President, Executive Director, Vice President, and/or Secretary are farther authorized take all other lawful actions necessary in connection with the CMc Contract and the other matters contemplated by this Resolution. Adopted this 16a` day of January, 2019. fITV nIW f ARMF.T. Vice President - - --- -----