18, 2016, attached hereto, and for a total contract amount not to exceed Seventy-Six Thousand One Hundred Fifty Dollars ($ 76, 150.

Transcription

1 RESOLUTION NO.: INTRODUCED BY: COUNCILPERSON ASSEFF, VICE MAYOR GRENDEL, COUNCILPERSON WAGNER A RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 AND FINAL PAYMENT TO THE AGREEMENT WITH ATWELL, LLC IN CONNECTION WITH THE ROCKSIDE PLACE IMPROVEMENTS ( SPRINGHILL SUITES PROJECT) WHEREAS, through Resolution , the City entered into an Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, to provide professional engineering design services for the Rockside Place Improvements ( the Project"), in an amount not to exceed Forty-Nine Thousand Eight Hundred Dollars 49, ); and WHEREAS, through Resolution , the City accepted Contract Modification No. 1 to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project ( to close the loop created by the two existing twelve- inch dead-end water mains), in an amount not to exceed Nine Thousand Three Hundred Dollars ($9, ); and WHEREAS, the City Engineer has received a request for Contract Modification No. 2 and Final Payment to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project, due to changed conditions and scope revisions during the design process, in an amount not to exceed Seventeen Thousand Fifty Dollars 17, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Seventy-Six Thousand One Hundred Fifty Dollars ($ 76, ); and WHEREAS, the City Engineer has reviewed Contract Modification No. 2 and Final Payment to the Agreement with Atwell, LLC, and recommends its approval; and WHEREAS, the services to be provided by the foregoing company constitute a specialized professional service; and thus, pursuant to Article IV, Section 2( c)( 5) of the City Charter, no bidding is required; and WHEREAS, pursuant to Ohio Revised Code Section , the Finance Director certifies that both at the time the contract or order for this invoice was made and at the current time, sufficient funds are available to the credit of a proper fund to authorize payment of this invoice; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Independence, State of Ohio, that:

2 Section 1. The Mayor and Finance Director are hereby authorized to enter into Contract Modification No. 2, subject to the Law Director's approval as to form, to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project, due to changed conditions and scope revisions during the design process, in an amount not to exceed Seventeen Thousand Fifty Dollars ($ 17, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Seventy-Six Thousand One Hundred Fifty Dollars 76, ). Section 2. This Resolution provides for the usual and ordinary operation of the Engineering Department. Wherefore, this Resolution shall take effect and be in force at the earliest time allowed by law. Introduced: March 8, 2016 First Reading: March 8, 2016 Passed: P L / A) O I1 44, L, V Anthony L. iatti, r Attest: Debra J. Beal, er-k of Council CERTIFICATE OF POSTING I, the undersigned, Clerk of the City o i Ohio, hereby certify that t foregoing,. i - f was posted on the / bh day of idztfili'. and for the period of fifteen days thereafter, by duly posting true poples thar. 0 in three of the most publto places within the City, being the same as determined and directed by cowcolt Jrd. ei4al CLERK

3 RESOLUTION NO.: INTRODUCED BY: COUNCILPERSON ASSEFF, VICE MAYOR GRENDEL, COUNCILPERSON WAGNER A RESOLUTION AUTHORIZING CONTRACT MODIFICATION NO. 2 AND FINAL PAYMENT TO THE AGREEMENT WITH ATWELL, LLC IN CONNECTION WITH THE ROCKSIDE PLACE IMPROVEMENTS ( SPRINGHILL SUITES PROJECT) WHEREAS, through Resolution , the City entered into an Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, to provide professional engineering design services for the Rockside Place Improvements (the Project"), in an amount not to exceed Forty-Nine Thousand Eight Hundred Dollars 49, ); and WHEREAS, through Resolution , the City accepted Contract Modification No. 1 to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project ( to close the loop created by the two existing twelve- inch dead- end water mains), in an amount not to exceed Nine Thousand Three Hundred Dollars ($ 9, ); and WHEREAS, the City Engineer has received a request for Contract Modification No. 2 and Final Payment to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project, due to changed conditions and scope revisions during the design process, in an amount not to exceed Seventeen Thousand Fifty Dollars 17, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Seventy-Six Thousand One Hundred Fifty Dollars ($ 76, ); and WHEREAS, the City Engineer has reviewed Contract Modification No. 2 Final Payment to the Agreement with Atwell, LLC, and recommends its approval; and WHEREAS, the services to be provided by the foregoing company constitute a specialized professional service; and thus, pursuant to Article IV, Section 2( c)( 5) of the City Charter, no bidding is required; and WHEREAS, pursuant to Ohio Revised Code Section , the Finance Director certifies that both at the time the contract or order for this invoice was made and at the current time, sufficient funds are available to the credit of a proper fund to authorize payment of this invoice; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Independence, State of Ohio, that: and

4 Section 1. The Mayor and Finance Director are hereby authorized to enter into Contract Modification No. 2, subject to the Law Director's approval as to form, to the Agreement with Atwell, LLC, 7100 E. Pleasant Valley Road, Independence, Ohio 44131, for additional professional engineering design services for the Project, due to changed conditions and scope revisions during the design process, in an amount not to exceed Seventeen Thousand Fifty Dollars ($ 17, ), as set forth in the Memorandum from the City Engineer dated February 18, 2016, attached hereto, and for a total contract amount not to exceed Seventy-Six Thousand One Hundred Fifty Dollars 76, ). Section 2. This Resolution provides for the usual and ordinary operation of the Engineering Department. Wherefore, this Resolution shall take effect and be in force at the earliest time allowed by law. Introduced: March 8, 2016 First Reading: March 8, 2016 Passed: Anthony L. Togliatti, Mayor Attest: Debra J. Beal, Clerk of Council

5 ttc cif p City of Independence, Ohio THE HEART OF CUYAHOGA COUNTY" 44, nd` 6335 SELI( ENGINEERING DEPARTMENT H ) ) ora InterOffice Memo TO: Mayor Togliatti/ City Council cc: John M. Veres Director of Finance Gregory J. O' Brien Law Director FROM: D. Ramm City Engineer h. DATE: February 18, 2016 RE: Rockside Place Improvements ( in connection with the Springhill Suites Project) Legislation Request for Contract Modification No. 2 & Final with,w. City Council adopted Resolution this past June in the amount of$ 49,800 for engineering design work on the captioned project. Resolution was approved this past September for Contract Modification No. 1 in the amount of$ 9,300 to include" closing the loop" created by the two existing 12- inch dead-end water mains. The improvement plans are complete and we are currently bidding the project. Atwell notified us last week that they have cost overruns on the design project brought about by changed conditions and scope revisions during the design process (see attached Atwell correspondence dated February 10th in the requested amount of$ 17,050). We are currently reviewing Atwell's request, however at quick glance we feel some items are legitimate. Additionally, we feel some fair proration of these engineering costs should be borne by the owners of the Springhill Suites property under the same framework and context of the originally-executed Landscape Agreement. I request legislation be prepared for the March 8th Council Meeting authorizing Contract Modification No. 2 & Final with Atwell in the amount of$ I intend to update the Streets & Sidewalk Committee in this matter on February 23rd. amendment to the Landscape Agreement (or some other cost-share agreement) may need to be adopted prior to finalizing the dollar value for this legislation. An Attachment

6 r$ 3, OF7100 E. Pleasant Valley Road mesuite 220, Independence, OH FAX: AMENDMENT TO WORK ORDER New Task # 1 b & amended Task 3 Rockside Place Improvements Date: February 10, 2016 Work Order Number: Original Work Order Date: 05/26/2015 Project Manager: David Watkins, PE Client: City of Independence Project Name: Rockside Place Improvements ADDITIONAL SCOPE: Task Ib: Temporary and Permanent Easements Atwell has prepared easement exhibits and legal descriptions for all temporary and permanent construction easements needed to the Rockside Place improvements. To date seven ( 7) easements have been prepared they are as follows: Storm Sewer Easement Highway Easement( around curve at Bonefish) Highway Easement( Rockside Road) Temporary Work Easement( Work performed on Holiday Inn property) Water Vault Easement( Rockside Road) Water Vault Easement( Bonefish service) Watermain Easement Task 3: Rockside Place Roadway Improvements Atwell is requesting additional budget for the Rockside Place Roadway improvements related to additional reviews, planset preparation, and additions to the roadway scope. Below is a summary of items to date: Water Vault relocation( s)& Coordination $ 2, 500 wall Retaining layout& Coordination $ 2, 000 Plan package revisions. Plan preparation for separating the watermain improvements into separate planset in addition overall project planset. $3, 000 Additional client reviews where scope was added or subtracted from the planset( s). $ 2, 000 Additional budget to complete city, CWD, and OhioEPA review( s),. 000

7 REQUESTED ADDITIONAL FEE: Task Task Description Original Amended Total Type Authorization Fee Fee Fee Initials 1b Temp and Perm 4,550 4, 550 FF Easements($ 650 each) 3 Rockside Place Roadway $ 16, , , 200 FF Improvements FF& D= Fixed Fee Invoices will be submitted monthly for work completed and payment is expected within thirty( 30) days of the date of the invoice. In the event of non-payment, services may be suspended. The retainer will be applied to the final invoice for the project. Upon receipt of this signed proposal and work authorization Atwell will commit the staff and resources necessary to begin work on the project. ACCEPTED BY: ATWELL, LLC CITY OF INDEPENDENCE By:. 1 By: 1.2) 1 Signature Signature 1. David D. Watkins, PE Printed Name Printed Name Its: Project Manager Its: Title Title Date: Date: ATWELL, LLC By: Signature 4. A Robert Beaugrand Printed Name Its: Vice President Title Date: Page 2 of 2