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HomeMy WebLinkAbout6C (10). UTH s 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 <�� Subject: Resolution 3026 and Amendment to the Addendum To Master Agency Agreement Olive Road Right -Of -Way Acquisition - Supplement #3 Date: April 19, 2012 Attached to this memorandum is Resolution 3026 and Amendment to the Addendum To Master Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #3. In 2007, the Board of Public Works entered into a contract with DLZ to prepare Design and Right of Way Engineering for improvements to Olive Road from Lincolnway West to Nimtz (Phase 1) and from Edison to Lincolnway West (Phase 2). The budget for the design of Phase 1 was $502,900 and the budget for the design of Phase 2 was $303,750. Due to changes in work scope, the work on Phase 2 was started but eventually held for a future point and the funds that were approved for use were reprogrammed within the project to be used for Right -of -Way acquisition services for the roadway. The purpose of Supplement #3 is to add $35,000 to the project budget to complete some design and right of way engineering for the section of roadway that connects Olive Road to Pine Road at the intersection with Lincolnway West. The St. Joseph County Airport Authority is underway with acquisition of a tract of land that would allow, with the City's purchase of one parcel, to construct the connector roadway necessary to link this roadway network. With this work complete, a continuous roadway corridor can be developed from Adams Road to Western Avenue /SR 2. These additional funds will help finalize plans through the future airport property and complete some intersection redesign at Lincolnway West. Staff requests approval of Resolution 3026 and the Amendment to the Addendum To Master Agency Agreement for the Olive Road Right -Of -Way Acquisition - Supplement #3. What We Do Today Makes A Difference! RESOLUTION NO. 3026 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 #3) 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 amended the Addendum with Supplement #2 by way of Resolution 3025 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 #3) 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 #3) 3026 -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 #3 (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 amended the Addendum with Supplement #2 by way of Resolution 3025 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: 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 ", amended by Supplement #2 as described in "Exhibit C ", and now amended as described in "Exhibit D ", 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 Exhibit "A" OLIVE ROAD RIGHT -O&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. "I. - 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 iarcia 1. Jone rest ent South Bend Redevelopment Commission ATTEST: Nancy N. Ki , Secre y South Bend Redevelopment Commission CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC W RKS t Gary Gilot, President Car ittrell, Member_ J n Inks, Member ATTEST: i Mart da in, C rk 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. Iu z w r- ben uz CL z Ad -J cli 01> ad 0 o � y I � w i I;I fl i m Z O O I 5$0 TR Z m i f o Z W O U — ll^� Mw cr ._ - - -k —._ _ ^— ^- - - -- -- ON rr W L- --�- - - = - -- - - - -- a� f!I III o, �cz: � - -- - - - -- 1 f— —7T — - -- - - - --.c , - —_. _ - - --j o N Me 33Vdl3s Wool A 8 z Igl�l�lnl o 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 M.\PRO7\076l\266,LPhase I \civil \eng \[Cost Estimate (Lutheran School) 8- 30- 2011.x1s]COST ESTIMATE Itsase isia CONSTRUCTION ENGINEERING 1 LS $ 2,000.00 $ 2,000.00 COMMON EXCAVATION 3,050 CYS $ 700 $ 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 1 LS $ 5,200.00 $ 5,200.00 2011 Base Bid TOTAL s 109,975.00 M.\PRO7\076l\266,LPhase I \civil \eng \[Cost Estimate (Lutheran School) 8- 30- 2011.x1s]COST ESTIMATE Exhibit "D" OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #3 See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated February 8, 2012 vp �1 { * ►P iL S N, DLZ ENGINEERS • ARCHITECTS • SCIENTISTS PLANNERS• SURVEYORS February 8, 2012 Mr. Bill Schalliol City of South Bend 227 West Jefferson Boulevard South Bend, Indiana 46601 Re: Supplemental Agreement No. 1 Olive Road /Pine Road DLZ Account No. 0761- 2664 -90 Dear Mr. Schalliol: Please find enclosed three copies of Supplemental Agreement No. 1 for the above - mentioned project. The original agreement dated April 9, 2007, included complete design of an Olive Road /Pine Road Connector (Phase 2). Per your request, we have identified separate scope and fee for 30% design plans and right of way engineering for Phase 2. We hope that this Supplemental Agreement meets with your approval and acceptance. We will be happy to meet with you at your convenience to discuss the Supplemental Agreement in detail. DLZ appreciates this opportunity to provide continued service to the City of South Bend on this important proj ect. Very truly yours, DLZ INDIANA, LLC 2aryK. P , , P. . Vice President cc: BLG, JCZ, BMS, File M: \PROJ \0761 \2664 \docs \agreementSA# 1 \SA Transmittal.doc 2211 East Jefferson Blvd. { South Bend, Indiana 46615 • (574) 236 -4400 { FAX (574) 236 -4471 With Offices Throughout The Midwest www.dlz.com SUPPLEMENTAL AGREEMENT NO. 1 This Supplemental Agreement No. 1 is made and entered into this day of , 2012, by and between the CITY OF SOUTH BEND, INDIANA, acting by and through the BOARD OF PUBLIC WORKS, hereinafter referred to as the "OWNER ", and DLZ INDIANA, LLC, 2211 East Jefferson Boulevard, South Bend, Indiana 46615, hereinafter referred to as the "ENGINEER ". WITNESSETH WHEREAS, the OWNER and ENGINEER did, on April 9, 2007 enter into an agreement for preparation of construction documents for preparation of construction documents for the widening and reconstruction of Olive Road from U.S. 20 to 300 feet south of Nimtz Parkway (Phase 1), and the construction of an Olive Road /Pine Road Connector (Phase 2), and WHEREAS, the OWNER has requested certain additional services and changes not included in the original contract or supplemental agreement, specifically the design of 30% plans of an Olive Road /Pine Road connector for the purposes of establishing the roadway right of way. NOW THEREFORE, the OWNER and the ENGINEER desire to amend the above referenced Design Contract as follows: Add Section F. to Appendix "A" as follows: F. Phase 2 30% Design Plans and Right of Way Engineering, as described herein, shall consist of the following: 1. Design of Olive Road /Pine Road Connector, for Alignment Planning (30% Design, from 2,100 feet north of the Edison Road /Pine Road intersection to the US 20 10live Road intersection, approximately 3,700 feet in length. The design shall include a three -lane roadway with new concrete pavement, integral curb, and a storm sewer system. The design speed of Olive Road /Pine Road Connector will be 40 mph. 2. When authorized by the OWNER, the ENGINEER shall: a. Order title insurance for each parcel from which there will be a taking. b. Prepare a plat and legal description for each parcel of right of way to be acquired, both permanent and temporary. II. Add Section G. to Appendix "A" as follows: G. Right of Way Management shall consist of the following: 1 of 6 Supplemental Agreement No. 1 1. Includes the administration of subconsultant agreements and coordination of title work, appraisal problem analysis, appraisals, review appraisals, just compensation certification, buying and required approvals from the Client, INDOT and FHWA. Mortgage releases will be obtained where value is greater than $10,000.00. Coordination does not include property management, or relocation, if required. 2. ENGINEER shall obtain partial mortgage re /ease(s) and /or additional lien re /ease(s) when directed by OWNER to provide clear title to each parcel. 3. ENGINEER shall provide as needed notarization services for acceptance of offers and execution of conveyance documents by property owners. 4. ENGINEER shall attempt to resolve right of way issues and coordinate Administrative Settlements, upon approval and direction by OWNER, if necessary. 5. Pursuant to successful acquisition of executed conveyance documents and lien release documents, if applicable, ENGINEER shall submit pay request memorandums, copies of executed agreements and conveyance documents and taxpayer number identification request forms to OWNER for review and processing of payment for compensation of right of way acquisition. 6. ENGINEER shall coordinate with OWNER for distribution of checks and verification of receipt of checks by property owners. Modify Sections C & D to Appendix "C" as follows: C. The Plans for Phase 1 will be ready for letting in approximately March 2013, based on a notice to proceed with Phase 1 by February 28, 2007, contingent upon right -of -way acquisition and OWNER /INDOT review periods of 30 days or less. D. The Plans for Phase 2 will be ready for letting in approximately March 2014, based on a notice to proceed with Phase 2 by June 2007, contingent upon right -of -way acquisition and OWNER /INDOT review periods of 30 days or less. IV. Add Section E to Appendix "C" as follows: E. Phase 2 30% Design Plans and Right of Way Engineering 1. Design of Olive Road /Pine Road Connector 30% Plans within 60 calendar days after receipt of Notice to Proceed for this phase. 2. Plats and Legal Descriptions for Phase 2 within 30 calendar days of receipt from the OWNER of approval of the right of way limits. 2 of 6 Supplemental Agreement No. 1 V. Sections A.1 & 2 of Appendix "D" is modified as follows: A. Amount of Payment 1. The ENGINEER shall receive as payment for the work performed under this Agreement the total fee not to exceed of $1,149,660 $1,132,205.00 unless a modification of agreement is approved in writing by the OWNER. 2. The ENGINEER will be paid for the work performed under Appendix "A" of this Agreement on a Lump Sum basis in accordance with the following schedule, except as noted in the items below: 3 of 6 Supplemental Agreement No. 1 Description - Phase 1 Design and Right of Way Engineering Amount a. Field Survey, Including Location Control Route Survey Plat $115,000.00 b. Roadway Design and Plans, Phase 1 $220,000.00 c. 15% Concept Design of Pine Road Connector intersection w/ US 20 $3,000.00 d. Li htin Design and Plans, Phase 1 $19,000.00 e. Utility Coordination $5,000.00 f. Erosion Control Plans and Notice of Intent Letter $4,000.00 g. INDOT Cut Road Permit & Coordination, Hourly Rate $2,500.00 h. Title Insurance and Updates, as required 17 Parcels $5,525.00 i. R/W Engineering 17 Parcels @ $2,250 Each $38,250.00 R/W Coordination, HourIv Rate $19,195.00 k. R/W Staking, Hourly Rate, as required 32 Parcels @ $650 Each $20,800.00 I. R/W Dedication Plat $12,000.00 m. Public Information Meeting, Hourly Rate $2,585.00 Subtotal, Phase 1 Design and Right of Way En ineerin $466,855.00 3 of 6 Supplemental Agreement No. 1 Description - Phase 1 Right of Way Buying, Bidding and Construction Amount q1. Phase Services $62,000.00 n. Appraising, Right of Way Management & Buying Services (1st & 2nd Appraisals) (34 $224,000.00 q3- Appraisals @ $2,000 Each, 17 Buying Parcels @ $3,000 Each, Right of Way $29,000.00 H. Management — 17 Each $10,000.00 o. Bid Phase Services, Hourly Rate $3,000.00 p. Pre - Construction Conference, Hourly Rate $1,500.00 Construction Phase Office Services, Hourly Rate $6,000.00 Subtotal, Phase 1 Right of Way Buying, Bidding and Construction $234,500.00 Phase Services 3 of 6 Supplemental Agreement No. 1 Description - Phase 2 30% Design Plans and Right of Way Engineering Amount q1. Roadway 30% Design and Plans, Phase 2 $62,000.00 q2- Title Insurance and Updates, as required 10 Parcels @ $325 Each $3,250.00 q3- RNV Engineering 10 Parcels @ $2,900 Each $29,000.00 H. Pick-up Field Survey $10,000.00 Subtotal, Phase 2 30% Design and Right of Way Engineering $104,250.00 3 of 6 Supplemental Agreement No. 1 II 1 Total, Phase 1 and Phase 2 1 $1,132,205.0011 VI. Amendment: This contract amendment decreases the current contract fee of $1,149,650.00 by $17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original contract dated April 9, 2007 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. Supplemental Agreement No. 1 Description - Phase 2: Finish Design Plans Amount r. Pick-up Field Survey $10,000.00 S. Roadway Design and Plans, Final Phase 2 - Finalize from 30% plans $145,000.00 t. Traffic Signal Warrant Analysis and Traffic Counts $2,800.00 U. Traffic Signal Design 1 @ $7,500 $7,500.00 V. Lighting Design and Plans, Phase 2 $16,400.00 W. Utility Coordination $5,000.00 X. Erosion Control Plans and Notice of Intent Letter $4,000.00 Y. INDOT Cut Road Permit & Coordination, Hourly Rate $2,500.00 ab. R/W Coordination, Hourly Rate $8,400.00 ac. R/W Staking, Hourly Rate, as required 10 Parcels @ $650 Each $6,500.00 ad. RNV Dedication Plat $12,000.00 ae. Public Information Meeting, Hourly Rate $5,000.00 Subtotal, Phase 2 Finish Design $225,100.00 II 1 Total, Phase 1 and Phase 2 1 $1,132,205.0011 VI. Amendment: This contract amendment decreases the current contract fee of $1,149,650.00 by $17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original contract dated April 9, 2007 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. Supplemental Agreement No. 1 Description - Phase 2 Buying, Bidding and Construction Phase Services Amount af. Appraising, Right of Way Management and Buying Services (1 st & 2nd Appraisals) (14 Appraisals @ $2,000 Each, 7 Buying Parcels @ $3,000 Each, Right of Way Management — 7 Each $91,000.00 ag. Bid Phase Services, Hourly Rate $3,000.00 ah. Pre - Construction Conference, Hourly Rate $1,500.00 ai. Construction Phase Office Services, Hourly Rate $6,000.00 Subtotal, Phase 2 Bidding and Construction Phase Services $101,500.00 II 1 Total, Phase 1 and Phase 2 1 $1,132,205.0011 VI. Amendment: This contract amendment decreases the current contract fee of $1,149,650.00 by $17,445.00 to $1,132,205.00. All other terms and conditions as set forth in the original contract dated April 9, 2007 shall remain in full force and effect, except as herein modified. The undersigned attests, subject to the penalties for perjury, that he is the contract party, or that he is the representative, agent, member or officer of the ENGINEER that he has not, nor has any other member, employee, representative, agent or officer of the firm, company, corporation or partnership represented by him, directly or indirectly, to the best of his knowledge, entered into or offered to enter into any combination, collusion of agreement to receive or pay, and that he has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of the Contract. Supplemental Agreement No. 1 IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1. ENGINEER: DLZ INDIANA, LLC �-- --P K. isk, PIE. Vice President ATTEST: &XI ;r Brian M. Smith, P.E. Highway Department Manager •n0 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS By: Gary A. Gilot, P.E. By: Donald E. Inks By: Kathryn Roos ATTEST: Approved as to Legality and Form: Attorney for City of South Bend 5 of 6 Supplemental Agreement No. 1 ACKNOWLEDGMENT STATE OF INDIANA COUNTY OF ST. JOSEPH SS: Before me, the undersigned Notary Public in and for said County personally appeared Gary K. Fisk, Vice President and Brian M. Smith, Highway Department Manager of DLZ Indiana, LLC, 2211 E. Jefferson Blvd., South Bend, IN 46615, and each acknowledged the execution of the foregoing agreement on thisqi�-h day of 2012 and each acknowledged and stated that he is the party authorized by the said firm to execute the foregoing agreement. Witness my hand and seal the said last named date. My Commission Expires: March 6, 2016 Connie J. Hume, Kotary Public County of Residence: St. Joseph STATE OF INDIANA ACKNOWLEDGMENT COUNTY OF SS: Before me, the undersigned Notary Public in and for said County personally appeared Gary A. Gilot, Kathryn Roos and Donald E. Inks of the City of South Bend Board of Public Works and acknowledged the execution of the foregoing agreement on this day of 2012. Witness my hand and seal the said last named date. My Commission Expires: County of Residence: M: \PROJ \0761\2664 \docs \agreement \SA #1 \Supplemental Agreement l.docx 6of6 Notary Public Supplemental Agreement No. 1