The URL can be used to link to this page

Home My WebLink AboutNo. 2685 approving/authorizing the execution of an addendum to the Master Agency Agreement (Commerce Drive Project)RESOLUTION NO. 2685 • RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN ADDENDUM TO THE MASTER AGENCY AGREEMENT (Commerce Drive 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 Commerce Drive 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 (Commerce Drive 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 June 18, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. ATTEST: Varner, Vice—President South Bend Redevelopment Commission • CITY OF SOUTH BEND, DEPARTMENT OF RE-DEVELOPMENTI iviarci.a 1. jones,iyresiaenL South Bend Redevelopment Commission • ADDENDUM TO MASTER AGENCY AGREEMENT (Commerce Drive 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 Commerce Drive 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 J ro'ects during 2010• and P g WHEREAS, pursuant to the Master Agency Agreement, the Commission desires to add the Commerce Drive 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 0 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. • ATTEST: is South Bend Redevelopment Commission ATTEST: Linda Martin, Clerk CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell, Member Don Inks, Member r • • Exhibit "A" COMMERCE DRIVE PROJECT See Attached Proposal and Supplement Agreement No. 3 from Ken Herceg & Associates, Inc. dated April 19, 2010 CH ERCEG • April 19, 2010 KEN HERCEG & ASSOCIATES, INC. ENGINEERS, ARCHITECTS & LAND SURVEYORS 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.3 EXTENSION OF COMMERCE DRIVE INTO SHERIDAN, EXTENSION OF VOORDE DRIVE TO AIRPORT 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. Dear Bill: As requested b you, lease find two x q y y , p o e ecuted copses of the above referenced supplemental agreement. This SUPPLEMENTAL AGREEMENT effort involves Right of Way acquisition effort for 3 temporary right of way parcels along proposed Commerce Drive extension. (See attached mark -up plans). The proposal fee is estimated at $12,675.00 The above noted SUPPLEMENTAL AGREEMENT includes the following scope of work items: 1. For Commerce Drive Extension, Undertake Title Search, Prepare legal descriptions and sketches, appraisal problem analysis, appraisals and review appraisals, buy and record all 3 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. 0 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. 3 Is EXTENSION OF COMMERCE DRIVE INTO SHERIDAN, EXTENSION OF VOORDE DRIVE TO AIRPORT • • Please give us a call, if you have any questions. Sincerely, Nitin V. Timble, P.E., L.S. V.P., Operations NT /nvt cc: Carl Littrell, PE, City Engineer, South Bend File 2004 -130 K:\2004 \130 \General \Supplementals \Cover Letter AGREEMENT Supp#3 04 19 2010.doc Page 2 of 2 April 19, 2010 RCEG 0 April 19, 2010 Mr. Carl Littrell, PE City Engineer City of South Bend County /City Building 227 West Jefferson Blvd. South Bend, IN 46601 KEN HERCEG & ASSOCIATES, INC. ENGINEERS, ARCHITECTS & LAND SURVEYORS 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. 3 CITY OF SOUTH BEND EXTENSION OF COMMERCE DRIVE INTO SHERIDAN, EXTENSION OF VOORDE DRIVE TO AIRPORT In accordance with our contract dated October 10, 2004, and signed by the Board of Works on October 11, 2004, Section 3.D. and 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 right of way parcels necessary for the construction of improvements along proposed Commerce Drive extension; 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 Commerce Drive Extension Plans; NOW, therefore, the CITY and ENGINEER amend the original agreement as follows: In SECTION 3, PART A, Add: 13. Title Search, R/W Engineering, appraisal analysis, appraisal and review appraisals, buying, stake -out, recording and project management services(24 temporaryparcels) ....................................... ............................... .................................................. ............................... $12,675.0 0 TOTAL PHASE I — Commerce Drive ........................ $14 9,79 4.09 $162,469.00 Revise: TOTAL COST OBLIGATION OF THIS AGREEMENT SHALL NOT EXCEED $352,504.00 FOR COMMERCE DRIVE, FOR VOORDE DRIVE, AND FOR DRAINAGE DESIGN UNLESS MUTUALLY AGREED UPON AND APPROVED IN WRITING BY THE CITY. 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: (269) 684 -4580 Fax. (574) 288 -0195 Mr. Carl Littrell Page 2 of 3 SUPPLEMENTAL AGREEMENT NO. 3 April 20, 2010 EXTENSION OF COMMERCE DRIVE INTO SHERIDAN AVENUE EXTENSION OF VOORDE DRIVE FROM AIRPORT TO SHERIDAN AVENUE In SECTION 3, PART B, CHANGE Following the words "PAYMENTS" Change the first paragraph to read (eld new): The ENGINEER shall receive as payment for the work performed under this Agreement, the lump sum fee of $339,829.09 $352,504.00 for Phase I, II & III unless a modification of the Agreement is approved by the CITY in accordance with Sections 3.C. and 6. In APPENDIX "B "- REVISED, Dated Oct. 19, 2005 Add the following: PART L -I Right of Way Acquisition 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 End of Addition In APPENDIX "C ": Delete: In APPENDIX "D" (eld new): In SCHEDULE Revise: The schedule shall remain the same except that "Notice to Proceed" shall be the date of approval of Supplement Agreement No. 2- 3. Add: Parcels to be acquired and recorded within four (4) months of the approval of the supplemental agreement No. 3. Parcels which may require the City to move toward condemnation may take longer time. • • Mr Ci :' ' Littreli SUPPLEMENTAL AGREEMENT NO. 3 EXTENSION OF COMMERCE DRIVE INTO SHERIDAN AVENUE EXTENSION OF VOORDE DRIVE FROM AIRPORT TO SHERIDAN AVENUE All other terms and conditions of the original agreement remain unchanged. Page 3 of 3 April 20, 2010 These amounts are an increase of $12,675.00 over the original agreement and previous supplemental agreements. 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 20TH DAY OF APRIL, 2010 BY KEN HERCEG & ASSOCIATES, INC. �. neth erceg, resident KPH /hdh cc: Bill Schalliol, City Planner File 2007 -105 KA2007 \105 Sheridan Road \Supp1ementa1\No.1 \SA 2.doc • 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