HomeMy WebLinkAboutNo. 2686 approving/authorizing the execution of an addendum to the Master Agency Agreement (Sheridan and Lincolnway Project)RESOLUTION NO. 2686
RESOLUTION F T
O HE 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
• June 18, 2010, at 10:00 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
ATTEST:
A. Varner, Vice President
South Bend Redevelopment Commission
•
•
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPME
a one tlAresident
South Bend Redevelopment Commission
ADDENDUM TO
MASTER AGENCY AGREEMENT
(Sheridan and Lincolnway Protect)
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 durin g 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:
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.
Is
•
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:
South Bend Redevelopment Commission
ATTEST:
0 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
•
•
•
Exhibit "A"
SHERIDAN AND LINCOLNWAY PROJECT
See Attached Proposal and Supplement Agreement No. 2 from Ken Herceg & Associates,
Inc. dated April 19, 2010
(9ERCEG KEN HERCEG & ASSOCIATES, INC.
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,
-tA �(J� ok,
Nitin V. Timble, P.E., L.S.
V.P., Operations
NT /nvt
cc: Carl Littrell, PE, City Engineer, South Bend
File 2007 -105
0 K: 120071105 Sheridan Road \Supplemental\No.2 \Cover Letter AGREEMENT Supp #2 04 19 2010.doc
is
Page 2 of 2
April 19, 2010
(ffERCEG
0 April 19, 2010
Mr. Carl Littrell, PE
KEN HERCEG & ASSOCIATES, INC.
ENGINEERS, ARCHITECTS & LAND SURVEYORS
Kenneth P. Hereeg, P.E., L.S.
Nitin V. Timble, P.E., L.S.
Timothy J. Wall, AIA, LEED AP
City Engineer John E. DeLee, P.E.
City of South Bend Brian W. W. Thomasen, P.E.
County /City Building
227 West Jefferson Blvd.
South Bend, IN 46601
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/W 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 ..... $164,284.00 $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.. $49,034.00 $109,074.00
Revise:
TOTAL COST .................................... ............................... $210,993.00 $370,118.00
0
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. 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 (eW new):
The ENGINEER shall receive as payment for the work performed under this Agreement,
the lump sum fee of $210,993.09 $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 -1
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.
6.
Parcel stake -out
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.
E,
t
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.
KPH /hdh
cc: Bill Schalliol, City Planner
File 2007 -105
KA2007 \105 Sheridan Road \Supp1ementa1\No.2 \SA 2R.doc
Lei
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