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Home My WebLink About6C (9)('0 C (4) A villa, o Community & Economic Development" 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission, Board of Public Works From: Bill Schalliol, ADED lls� Subject: Resolution 3025 and Amendment to the Addendum To Master Agency Agreement Olive Road Right -Of -Way Acquisition - Supplement #2 Date: April 19, 2012 Attached to this memorandum is Resolution 3025 and Amendment to the Addendum To Master Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #2. Supplement #1 specifically dealt with Professional Service work necessary for the design and bidding of site improvements on the Olive Road Basin which is part of the roadway construction project related to the future Olive Road improvements. The improvements to the pond and related site work are part of the acquisition agreement reached between the City's Board of Public works and the Michiana Lutheran Education Association (MLEA) for the acquisition of right -of -way property at the southeast corner of Nimtz and Olive. The improvements contemplated by the work need to be done during the summer session so as not to disrupt the education activities at the school during the school year. Supplement #2 sets up a budget for the construction work to be done on site. A copy of the project budget and plan are attached. The Engineer's Estimate for the scope of work is $109,975.00. The goal is to have the project go to bid in May with all work be completed on school property before the start of the fall term. Staff requests approval of Resolution 3025 and the Amendment to the Addendum To Master Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #2. What We Do Today Makes A Difference! RESOLUTION NO. 3025 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Olive Road Right -Of -Way Acquisition - Supplement #2) WHEREAS, effective January 1, 2012, 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 2012; and WHEREAS, effective January 1, 2012, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of an Addendum on February 19, 2010; and WHEREAS, the Commission amended the Addendum with Supplement #1 by way of Resolution 3024 on April 24, 2012; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Olive Road Right -Of -Way Acquisition - Supplement #2) 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 this Amendment to the Addendum with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. Section 3. Commission staff members are 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 April 24, 2012, at 4:00 p.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT South Bend Redevelopment Commission ATTEST: South Bend Redevelopment Commission AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Olive Road Right -Of -Way Acquisition - Supplement #2) 3025 -11 This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 8th day of May, 2012, 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 Olive Road Right -Of -Way Acquisition - Supplement #2 (the "Project ") WHEREAS, effective January 1, 2012, 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 2012; and WHEREAS, effective January 1, 2012, 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 the limited purpose of contracting for and managing the completion of existing Projects; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Olive Road Right -Of -Way Acquisition to the Master Agency Agreement by way of an Addendum on February 19, 2010 WHEREAS, the Commission amended the Addendum with Supplement #1 by way of Resolution 3024 on April 24, 2012; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. 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 originally described in "Exhibit A ", amended by Supplement #1 as described in "Exhibit B ", and now amended as described in "Exhibit C ", 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. Commission staff members are 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. (Signature Page Follows) 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 Don Inks, Member Kathryn Roos, Member ATTEST: Linda Martin, Clerk F.xhihit "A" OLIVE ROAD RIGHT -OF -WAY ACQUISITION See attached Acquisition Information prepared by DLZ, Inc. and approved by the Board of Public Works on February 22, 2010 ADDENDUM TO MASTER AGENCY AGREEMENT (Olive Road Right -Of -Way Acquisition) This Addendum to Master Agency Agreement (this "Addendum "), made and entered into as of the 22nd day of February, 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 Olive Road Right -Of -Way Acquisition (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 Olive Road Right -Of -Way Acquisition 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. 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 Nlarcia I. Jone rest e'3 t South Bend Redevelopment Commission ATTEST: e"4 Nancy N. Ki , Secre ry South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD C F PUBLI W RKS / Gary G ilot, President Car ittrell, Membe�ZL' /'V�'� ':5 n Inks, Member ATTEST: i da Martin, Clerk Exhibit "A" The Olive Road Right -Of -Way Acquisition Project consists of the acquisition of parts of sixteen (16) parcels in the corridor between Lincoln Way West and Nimtz Parkway /Old Cleveland Road. The property acquisition is mainly located on the east side of Olive Road with one parcel acquisition located on the northwest corner of Olive and Lincoln Way West. Sec attached Right -Of -Way Tracking Sheet for specific information about the appraised value of each parcel A map of the target acquisition area identifying each parcel has also been included with this Exhibit. I II Fr- Tl Zo 58 I II mW it (VON DAUS lYDOl M r it, 1 7 I II Fr- Tl Zo 58 I II mW -41 ddy Lj ffin �AW Is I —.dam.. — -- — - Ie - - - - - - - - - - - - 7Z- Ol-T 'i 00 Up wo :5w - 6 O-OD -f I J I -- — I — — — — 'o z — — — — — — — - -- — — — — — — — — — — — — — -- - - - - -- 0 :5 I se z:ui � d w O til Z ao 32 A, a .tip k HL O!08 313S iml I .35 : Ae -j g �� j � E a' E c a' o E. Exhibit "B" OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #1 See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated February 2, 2012 Exhibit "C" OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #2 See attached Budget Schedule for project prepared by DLZ, Inc. dated December 21, 2011 Engineer's Estimate $109,975.00 Budget Request $125,000.00 LUTHERAN SCHOOL - SOCCER FIELDS STATEMENT OF PROBABLE CONSTRUCTION COSTS December 21, 2011 Base Bid M.\PR03\0761\2664\Phase I \civil\eng \[Cost Estimate (Lutheran School) 8-30-2011 x1s](70ST ESTIMATE CONSTRUCTION ENGINEERING 1 LS $ 2,000.00 $ 2,000.00 COMMON EXCAVATION 3,050 i CYS $ 7.00 $ 21,350.00 TOPSOIL 920 CYS $ 5.00 $ 4,600.00 BASIN SEEDING 4,835 SYS $ 2.50 $ 12,087.50 GEOTEXTILE 285 SYS $ 1.50 $ 427.50 MOD, MANHOLE, TYPE K4 4 EACH $ 2,000.00 $ 8,000.00 CONTINGENCY I LS $ 5,200.00 $ 5,200.00 2011 Base Bid TOTAL S 109,975.00 M.\PR03\0761\2664\Phase I \civil\eng \[Cost Estimate (Lutheran School) 8-30-2011 x1s](70ST ESTIMATE