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Home My WebLink About6B(10) Resolution No. 2686RESOLUTION NO. 2686 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Sheridan and Lincolnway Project) WHEREAS, effective January 1, 2010, 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 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Sheridan and Lincolnway Project by way of this Addendum. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Addendum to Master Agency Agreement (Sheridan and Lincolnway 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 the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Don Inks or Jeff Gibney is 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 ADDENDUM TO MASTER AGENCY AGREEMENT (Sheridan and Lincolnway Project) This Addendum to Master Agency Agreement (this "Addendum"), made and entered into as of the 28th day of June, 2010, 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 Sheridan and Lincolnway Project (the "Project"). WHEREAS, effective January 1, 2010, 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 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Sheridan and Lincolnway Project to the Master Agency Agreement by way of this Addendum. 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 more specifically described in "Exhibit A", 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. Don Inks or Jeff Gibney is 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. 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 Carl Littrell, Member Don Inks, Member ATTEST: Linda Martin, Clerk Exhibit "A" SHERIDAN AND LINCOLNWAY PROJECT See Attached Proposal and Supplement Agreement No. 2 from Ken Herceg & Associates, Inc. dated April 19, 2010 E KEN HERCEG 8L ASSOCIATES, INC. H RCEG ENGINEERS, ARCHITECTS & LAND SURVEYORS April 19, 2010 Mr. Bill Schalliol, City Planner Community and Economic Development City of South Bend 1316 County/City Building 227 West Jefferson Blvd. South Bend, IN 46601 RE: SUPPLEMENTAL AGREEMENT NO. 2 Sheridan Avenue Improvements and Drainage Improvements at Lincoln Way West Dear Bill: Kenneth P. Herceg, P.E., L.S. Nitin V. Timble, P.E., L.S. Timothy J. Wall, AIA, LEED AP John E. DeLee, P.E. Brian W. W. Thomasen, P.E. As requested by you, please find two executed copies of the above referenced supplemental agreement. This SUPPLEMENTAL AGREEMENT effort involves Right of Way acquisition effort for 24 temporary right of way parcels along Sheridan Avenue and 8 Permanent in combination with temporary right of way parcels along Lincoln Way West. (See attached mark-up plans). The proposal fee is estimated at $166,800.00 The above noted SUPPLEMENTAL AGREEMENT includes the following scope of work items: 1. For Sheridan Avenue Improvements, Undertake Title Search, Prepare legal descriptions and sketches, appraisal problem analysis, appraisals and review appraisals, buy and record all 24 temporary right of way parcels 2. For Lincoln Way West drainage Improvements, Undertake Title Search, provide appraisal problem analysis, appraisals and review appraisals, buying and recording for all 8 permanent and temporary right of way parcels We intend to use the services of sub-consultants, Rick Pitts, Dick McCloskey and Roy Buskirk for appraisal, problem analysis/appraisal review and negotiations/buying services respectively. These sub-consultants have previously undertaken right of way acquisition work for the City of South Bend. 1 of 2 211 W. Washington Street, Suite 2100 P.O. Box 547 South Bend, Indiana 46601 Niles, Michigan 49120 Phone: (574) 288-4580 Fax: (574) 288-0195 Phone: (269) 684-4580 Fax: (574) 288-0195 Mr. Bill Schalliol SUPPLEMENTAL AGREEMENT NO. 2 SHERIDAN AVENUE IMPROVEMENTS & DRAINAGE IMPROVEMENTS AT LINCOLN WAY WEST Please give us a call If you have any questions. Sincerely, yam, -~.~~ Nitin V. Timble, P.E., L.S. V.P., Operations NT/nvt cc: Carl Littrell, PE, City Engineer, South Bend File 2007-105 Page 2 of 2 April 19, 2010 K:\2007\105 Sheridan Road\Supplemental\No.2\Cover Letter AGREEMENT Supp#2 04 19 2010.doc ~riERCEG April 19, 2010 KEN I~E~CE~ ~ Ass®c~~~ES~ N~~.. ENGINEERS, ARCHITECTS & LAND SURVElr`Oi~ Mr. Carl Littrell, PE City Engineer City of South Bend County/City Building 227 West Jefferson Blvd. South Bend, IN 46601 Kenneth P. Herceg, P.E., L.S. Nitin V. Timble, P.E., L.S. Timothy J. Wall, AIA, LEED AP John E. DeLee, P.E. Brian W. W. Thomasen, P.E. SUPPLEMENTAL AGREEMENT NO. 2 CITY OF SOUTH BEND SHERIDAN AVENUE IMPROVEMENTS AND DRAINAGE IMPROVEMENTS AT LINCOLN WAY WEST In accordance with our contract dated April 9, 2007, Section 3.C. and 6 the following additional services have been requested of Ken Herceg & Associates, Inc. (ENGINEER) by the City of South Bend (CITY). WHEREAS, The CITY has directed the ENGINEER to undertake right of way acquisition of temporary and permanent right of way parcels necessary for the construction of improvements along Sheridan Avenue and Lincoln Way West; and WHEREAS, The CITY has directed the ENGINEER to prepare legal descriptions and sketches; provide appraisal problem analysis, appraisals and review appraisals, buyer services, project management services, stake-out and recording services per the Sheridan Avenue Plans and Lincoln Way West Plans; NOW, therefore, the CITY and ENGINEER amend the original agreement as follows: In SECTION 3, PART A, Add: 9b. Title Search, R/V1/ Engineering, appraisal analysis, appraisal and review appraisals, buying, stake-out, recording and project management services (24 temporary parcels) ................................................................ ............................................................................... $106, 760.00 TOTAL SHERIDAN AVENUE IMPROVEMENTS .....$-~4,~>34-08 $261,044.00 Add: 17b. Title Search, Appraisal analysis, appraisal and review appraisals, buying, stake- out, recording and project management services(8 temporary and permanent parcels) .................................................................... $ 60, 040.00 TOTAL DRAINAGE ALONG LINCOLN WAY WEST..$49;A~4-09 $109,074.00 Revise: TOTAL COST ................................................................... $370,118.00 Page 1 of 3 211 W. Washington Street, Suite 2100 P.O. Box 547 South Bend, Indiana 46601 Niles, Michigan 49120 Phone: (574) 288-4580 Fax: (574) 288-0195 Phone: (269J 684-4580 Fax: (574) 288-0195 Mr. Carl Littrell Page 2 of 3 SUPPLEMENTAL AGREEMENT NO. 2 April 19, 2010 SHERIDAN AVENUE IMPROVEMENTS AND DRAINAGE IMPROVEMENTS AT LINCOLN WAY WEST Revise: TOTAL COST OBLIGATION OF THIS AGREEMENT SHALL NOT EXCEED $363,518.00 UNLESS MUTUALLY AGREED UPON AND APPROVED IN WRITING BY THE CITY. In SECTION 3, PART B, CHANGE The following items as follows (eld new): The ENGINEER shall receive as payment for the work performed under this Agreement, the lump sum fee of $~9 $370,118.00 unless a modification of the Agreement is approved by the CITY in accordance with Sections 3.C. and 6. In APPENDIX "B": Add: PART K-I Add: 1. Title search 2. Prepare right of way legal descriptions and sketches 3. Prepare appraisal problem analysis 4. Prepare appraisals and appraisal reviews 5. Parcel stake-out 6. Negotiations and buying 7. Recording of parcels 8. Project Management of appraiser, review appraiser and buyer PART K-II Add: 1. Title search 2. Prepare appraisal problem analysis 3. Prepare appraisals and appraisal reviews 4. Parcel stake-out 5. Negotiations and buying 6. Recording of parcels 7. Project Management of appraiser, review appraiser and buyer In APPENDIX "C": Delete: In APPENDIX "D": In SCHEDULE After: Tracings to be completed within fifteen (15) days after final plan approval. Mr. Carl Littrell Page 3 of 3 SUPPLEMENTAL AGREEMENT NO. 2 April 19, 2010 SHERIDAN AVENUE IMPROVEMENTS AND DRAINAGE IMPROVEMENTS AT LINCOLN WAY WEST Add: Parcels to be acquired and recorded within six (6) months of the approval of the supplemental agreement. Parcels which may require the City to move toward condemnation may take longer time. All other terms and conditions of the original agreement remain unchanged. These amounts are an increase of $166,800.00 over the original agreement and previous supplemental agreement. If this SUPPLEMENTAL AGREEMENT is acceptable, please execute this document as a contract and deliver one signed copy to this office for immediate action. PROPOSED AND AGREED TO THIS 19TH DAY OF APRIL, 2010 BY KEN HERCEG & ASSOCIATES, INC THE TERMS AND CONDITIONS OF THIS ADDITIONAL SERVICES AGREEMENT ARE ACCEPTED AS A CONTRACT THIS DAY OF , 2010. CITY OF SOUTH BEND Carl P. Littrell Gary A. Gilot Donald E. Inks KPH/hdh cc: Bill Schalliol, City Planner File 2007-105 K:\2007\105 Sheridan Road\Supplemental\No.2\SA 2R.doc