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HomeMy WebLinkAboutResolution 2019-06 (Garmong GMP amendment - Monon and Main south facade)...RESOLUTION NO.2019-06 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION REGARDING AMENDMENT TO 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, and in accordance with, the Indiana Construction Manager as Constructor Statute, Indiana Code 5-32-1-1 et seq. (the "CMc Statute"), the CRC has previously adopted resolutions approving an agreement with C. H. Garmong & Son, Inc. ("Garmong") dated April 22, 2019 (the "CMc Contract") for construction manager as constructor services for certain upgrades or improvements to the south fagade of 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 (the "South Fagade Project"); and WHEREAS, the CRC resolutions approving the CMc Contract required that the Evaluation Committee negotiate a guaranteed maximum price of the South Fagade Project (the "GMP") in an amount not to exceed $695,055.00; and WHEREAS, the CRC Evaluation Committee (the "Evaluation Committee") has met with Garmong regarding the South Facade Project and has evaluated options therefor; and WHEREAS, the Evaluation Committee has determined that some modifications to the architecture were warranted to improve the appearance of the fagade of the Garage from Monon Boulevard, in addition to the south and west facades of the Garage (the "Fagade Project Modifications"); and WHEREAS, the Evaluation Committee has proposed removing Garmong's construction contingency of 5% of the total construction costs (the "Construction Contingency") from the soft cost budget and, instead, making the Construction Contingency a part of the GMP; and WHEREAS, Garmong has considered the Fagade Project Modifications and the proposal to make the Construction Contingency part of the GMP; and WHEREAS, Garmong, in a proposal to the CRC dated May 7, 2019 (the "GMP Proposal"), has proposed a GMP of $794,725.00; and WHEREAS, the Evaluation Committee has reviewed the GMP Proposal and has determined it to be acceptable; and WHEREAS, based on review and evaluation of the GMP Proposal, the Evaluation Committee has recommended to the CRC that the CRC amend the CMc Contract to: (a) include the Facade Project Modifications in the scope of the South Facade Project; (b) add the Construction Contingency to the GMP; and (c) agree to a GMP of $794,725.00; and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to: (a) enter into an amendment of the CMc Contract on terms consistent with the GMP Amendment Proposal (the "CMc Contract Amendment"), pursuant to which: (i) the Facade Project Modifications shall be included in the scope of the South Facade Project; (b) the Construction Contingency shall be made a part of the GMP; and (c) the GMP shall be $794,725.00; 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: The foregoing Recitals are fully incorporated herein by this reference. 2. The CRC will execute and deliver the CMc Contract Amendment, pursuant to which: (a) the Facade Project Modifications shall be included in the scope of the South Facade Project; (b) the Construction Contingency shall be made a part of the GMP; and (c) the GMP shall be $794,725.00. The CMc Contact Amendment 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. 4. 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 Amendment and Garmong's construction and completion of the South Facade Project (as amended), so long as the CRC's total obligation to Garmong with respect to the South Facade Project (as amended) does not exceed $794,725.00, Each agreement, instrument, certificate, and other document contemplated by this Resolution to be executed and delivered by the CRC 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. 6. 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 further authorized take all other lawful actions necessary in connection with the CMc Contract Amendment and the other matters contemplated by this Resolution. Adopted this day of May, 2019. CITY OF CARMEL REDEVELOPMENT COMMISSION President