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HomeMy WebLinkAbout074-2011RESOLUTION NO. 74-2011 TERMINATING AN EXISTING AGREEMENT WITH NOLTE ASSOCIATES, INC., AND AUTHORIZING A NEW PROFESSIONAL SERVICES AGREEMENT WITH NOLTE VERTICAL FIVE FOR THE HARTZ AVENUE BEAUTIFICATION PROJECT, CIP NOS. C -391 AND C -319 WHEREAS, the Town had previously entered into an agreement with Nolte Associates, Inc., for design of Project C -319 via Resolution No. 63 -98, but the project was never constructed; and WHEREAS, the Town executed a new Professional Services Agreement with Nolte Associates, Inc., on October 7, 2008, as authorized by Resolution No. 115 -2008, to resurrect, update, and combine the plans for Projects C -391 and C -319 into one for bidding and construction; and WHEREAS, Nolte Associates, Inc. assisted the Town in developing a conceptual design for the project, but work ceased when needed right -of -way could not be obtained from abutting private property owners; and WHEREAS, on March 28, 2011, the Community Development Agency of the Town of Danville purchased property within the project limits at 115 -125 Hartz Avenue with the intent to grant needed right -of -way for the project; and WHEREAS, negotiations with other property owners have been productive in recent months, thus providing renewed interest in completing the design of the project; and WHEREAS, to complete the remaining design, the original agreement with Nolte Associates, Inc. will be terminated so that a new Professional Services Agreement with Nolte Vertical Five can be executed; and WHEREAS, Nolte Vertical Five has submitted a proposal dated June 7, 2011 that includes a scope -of -work and budget for completing the remaining design; and WHEREAS, funds have been budgeted in the Capital Improvement Program for Projects C -391 and C -319 "Hartz Avenue Beautification Project "; now, therefore, be it RESOLVED, by the Danville Town Council that the Town Manager be and hereby is authorized to terminate the original agreement with Nolte Associates, Inc. and un- encumber all unspent funds; and, be it further RESOLVED, by the Danville Town Council that the Town Manager be and hereby is authorized to execute in duplicate, on behalf of the Town, a new Professional Services Agreement with Nolte Vertical Five, with a not -to- exceed budget of $158,849, and that the Town Manager be authorized to establish and utilize a 10% design contingency in the amount of $15,885 for additional work that may be subsequently approved by contract amendment. APPROVED by the Danville Town Council at a regular meeting on August 9, 2011 by the following vote: AYES: Stepper, Andersen, Arnerich, Doyle, Storer NOES: None ABSTAINED: None ABSENT: None MAYOR APPROVED AS TO FORM: ATTEST: CITY ATTORNEY PAGE 2 OF RESOLUTION NO. 74-2011