HomeMy WebLinkAboutNo. 3025 approving/authorizing the execution of an amendment to the addendum to the master agency agreement (Olive Road Right-of-Way Acquisition - Supplement #2)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 Ac 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
N%1.1 46601.
ATTEST:
Donald Alford, Sr. Aecretary
South Bend Redevelopment Commission
0
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
Marcia I. Jone esident
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
mmission desires to amend the Addendum b of this
WHEREAS, the Co y way
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)
M
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ATTEST:
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
Don Inks, Member
Kathryn Roos, Member
Exhibit "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
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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
Ci 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.
A
An
Z. 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: /�,, C / ,
'e ` -�'/
Nancy N. Ki , Secre ry
South Bend Redevelopment Commission
ATTEST:
i da Martin, Citrk
CITY OF SOUTH BEND,
DEPARTMENT OF
REDEVELOPMENT
,are" ci I. Jone rest ent
South Bend Redevelopment Commission
CITY OF SOUTH BEND, INDIANA
BOARD OF PU //BLIC W RKS
Gary Gilot, President
Car ittrell, Membe�'ZL
n Inks, Member
14
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.
See 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.
c.
A
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Exhibit "B"
OLIVE ROAD RIGHT -OF -WAY ACQUISITION - SUPPLEMENT #1
See attached Letter Agreement for Professional Engineering from DLZ, Inc. dated
February 2, 2012
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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
is
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LUTHERAN SCHOOL - SOCCER FIELDS
STATEMENT OF PROBABLE CONSTRUCTION COSTS
December 21, 2011
Base Bid
a
CONSTRUCTION ENGINEERING
1
LS $
2,000.00
$
2,000.00
MOBILIZATION AND DEMOBILIZATION
LS
$
4;900.06
$�
4,900:
COMMON EXCAVATION
3,050
CYS
$
7 Uv
S_
1,350.00
TOPSOIL
1
CYS
S
5.00
$
4,600.00
7,245
BASIN SEEDING
51.5
<
50
$
12,087.50
(',FOTFXTII,F
285
l'
1.50
$
427.50
LFT
$
MOD. MANHOLE, TYPE K4
4
('II
—M); 1i)
k
8,000.00
PIPE END SECTION, 24"
1 _ ,
EACH $
500.00
0;
01N I INOI NCY
1
LS $
5,200.00
$
5.200.00
,I
2011 Base Bid TOTALI
S
109.9'5.00
M:\PRO.i10761\2664,Phase 1 \cFvil\eng \[C'ost Estimate (Lutheran School) 8- 30- 2011.xls]COSTESTIMATE
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