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HomeMy WebLinkAboutNo. 3067 approving/authorizing the execution of an amendment to the addendum to the Master Agency Agreement (Commerce Dr. and Sheridan and Lincolnway Project-Supplement #1)(2685-2010; 2686-2010)• RESOLUTION NO. 3067 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Commerce Drive and Sheridan and Lincolnway Project - Supplement #1) (2685 -2010; 2686 -2010) 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 0 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 Commerce Drive Project to the Master Agency Agreement by way of an Addendum on June 18, 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Sheridan and Lincolnway Project to the Master Agency Agreement by way of an Addendum on June 18, 2010; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment 0 Commission as follows: 0 Section 1. The Commission hereby approves the Amendment to the Addendum to the Master Agency Agreement (Commerce Drive and Sheridan and Lincolnway Project - Supplement #1) 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 August 16, 2012, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF ,7-REDEVELOPME South Bend Redev ment Commission Marcia I. Jones, President ATTEST: Bend Redevelopment Commission David A. Varner, Vice - President 0 AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Commerce Drive and Sheridan and Lincolnway Project - Supplement #1) (2685 -2010; 2686 -2010; 3067 -2012) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment "), made and entered into as of the 28th day of August, 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 Commerce Drive and Sheridan and Lincolnway Project - Supplement #1 (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 Commerce Drive Project to the Master Agency Agreement by way of an Addendum on June 18, 2010; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Sheridan and Lincolnway Project to the Master Agency Agreement by way of an Addendum on June 18, 2010; and iWHEREAS, 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 ", and now amended as described in "Exhibit B ", 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) • 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 Mark Neal, Member Michael Mecham, Member Ef t • Exhibit "A" COMMERCE DRIVE PROJECT See attached Proposal from Ken Herceg & Associates dated April 19, 2010 Approved by the Board of Public Works on June 28, 2010 SHERIDAN AND LINCOLNWAY PROJECT See attached Proposal from Ken Herceg & Associates dated April 19, 2010 Approved by the Board of Public Works on June 28, 2010 H ERC' 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. 3 EXTENSION OF COMMERCE DRIVE INTO SHERIDAN, EXTENSION OF VOORDE DRIVE TO AIRPORT Dear Bill: Kenneth P. Herceg, P.E., L.S. Nitin V. Tlmble, 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 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. 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 -4560 Fax: (574) 288 -0195 Mr. Bill Schalliol Page 2 of 2 SUPPLEMENTAL AGREEMENT NO. 3 April 19, 2010 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 kbw K!\2004\1 30\Genera1\Supp1ementa1s\Cover Letter AGREEMENT Supp#3 04 19 2010.doc t �w KEN HERCEG & ASSOCIATES, INC. HIERCE4FR(G _ ENGINEERS, ARCHITECTS & LAND SURVEYORS Kenneth P. Herceg, F.E., L.S. Nitin V. Timble, P.E.. L.S, April 19, 2010 Timothy J. Wall, AIA, LEED AP Mr. Carl Littrell, PE City Engineer City of South Bend County /City Building 227 West Jefferson Blvd. South Bend, IN 46601 SUPPLEMENTAL AGREEMENT NO. 3 John E. DeLee, P.E. Brian W. W, Thomasen, P.E. 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 .... ....................$449,704:89 $162,469.00 Revise: TOTAL COST OBLIGATION OF THIS AGREEMENT SHALL NOT EXCEED $339;929.09 $352,504.00 FOR COMMERCE DRIVE, FOR VOORDE DRIVE, AND FOR DRAINAGE DESIGN UNLESS MUTUALLY AGREED UPON AND APPROVED IN WRITING BY THE CITY. 211 W. Washington Street, Suite 2100 South Bend, Indiana 46601 Phone: (574) 268 -4580 Fax: (574) 288 -0195 Page 1 of 3 P.O. Box 547 Niles, Michigan 49120 Phone: (269) 684 -4580 Fax: (574) 2e8 -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 (end new): The ENGINEER shall receive as payment for the work performed under this Agreement, the lump sum fee of $338 8 $352,504.00 for Phase 1, 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" (e4d 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 N".o.," I it;rell Page 3 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 All other terms and conditions of the original agreement remain unchanged. 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, Kt., resid nt KPH /hdh cc: Bill Schalliol, City Planner File 2007 -105 K: \20071105 Sheridan Road \SupplementaRNoAkSA 2.doc LIN 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 CH� E R (E::G: 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. Flerceg, 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. 1of% 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 k., 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, Nitin V. Timble, P.E., L.S. V.P., Operations NT /nvt cc: Carl Littrell, PE, City Engineer, South Bend File 2007 -105 K:120071105 Sheridan RoadlSupplementahNo.2\Cover Letter AGREEMENT Supp#2 04 19 2010.doc r' Page 2 of 2 April 19, 2010 t rmIN. ERCEG 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. Hercep, P.E., L.S. Nitro 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. 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, 254.80 $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 $370,118.00 211 V1Y. Washington Street, Suite 2100 South Bend, Indiana 46601 Phone: 1574) 288 -4580 Fax: (574) 288 -0195 Page 1 of 3 P.O. Box 547 Niles, Michigan 49120 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 $210,993.00 $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 (oW new): The ENGINEER shall receive as payment for the work performed under this Agreement, the lump sum fee of $210,993.00 $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. Parcel stake -out 6. 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. 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 Pianner File 2007 -105 KA2007 \105 Sheridan Road \Supp1emental \No.2 \SA 2R.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 me m • r and u m ourrr Community & Economic Development_ f 65 1200 County -City Building, 227 West Jefferson, South Bend, Indiana 46601 -1830 Phone 574/235 -9371 Fax 574/235 -9021 To: Redevelopment Commission and Board of Public Works From: Bill Schalliol, Economic Development Planner Subject: Commerce- Lincolnway- Sheridan Project Date: June 15, 2010 Attached to this memorandum is Resolution 2685, Resolution 2686 and two Addendums to the Master Agency Agreement between the Redevelopment Commission and the Board of Public Works. The purpose of this staff report is to give an overview of the Commerce - Lincolnway- Sheridan project and the current status of the work in Airport Industrial Parks 1 & 2. In 2003, the City began exploring ways to revitalize the industrial parks surrounding the South Bend Regional Airport. The Airport Industrial Parks 1 and 2 developed southeast of the airport and Parks 3 and 4 northeast of the airport had some vacancy issues, infrastructure improvement needs, and some general coordination. As part of the work plan that was developed, the City undertook several infrastructure projects including the extension of Voorde Drive, intersection improvement of Bendix & Lathrop and Bendix & Voorde. Additionally, there was a plan developed to extend Commerce Drive to Sheridan, improve Sheridan Drive, and coordinate a master drainage plan at a new pond constructed along Sheridan. The two attached Resolutions and the related Addendums relate to the final elements of this project. Resolution 2685 is related to the extension of Commerce Drive into Sheridan- The project has been designed, right of way and property has been acquired and the attached professional services proposal will allow for the services related to the acquisition of three temporary right of way easements for this project. The original project that this Supplemental Agreement No. 3 will amend is originally dated October 10, 2004. The total amount of professional services required in this proposal is $12,675.00. The proposal amount only includes the professional services and does not include the actual cost of the right of way needed to be acquired for this project. Resolution 2686 is related to Sheridan Avenue Improvements and Drainage Improvements at Lincoln Way West. The project has been designed, but the purpose of this proposal is to get the necessary professional services to acquire all permanent and temporary right of way for the project. There are 8 permanent takes and 32 temporary right of way easements that What We Do Today Makes A Difference! need to be obtained for this project. The original project that this Supplemental Agreement No. 2 will amend is originally dated April 9, 2007. The total amount of professional services required in this proposal is $162,469.00. The proposal amount only includes the professional services and does not include the actual cost of the right of way needed to be acquired for this project. Over the past several years since the start of this project we have seen several new businesses move into this park area as well as many business expansions. The major expansion of Stanz Foodservice which employees 170 workers, the relocation of Fortis Plastics which employees 126 workers, and the relocation of smaller local businesses like Enzyme Research and Danch, Harper & Associates into the area are indicators that the improvements in the area have been a strong part of the ability to retain and attract new businesses to the area. Staff requests approval of both Resolution 2685 and 2686 to move these important infrastructure projects forward. 31 V 0-4 Date BPW Date BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM June 18, 2010 June 28. 2010 Name Bill Schalliol Department Phone C&ED 235-5842 '0 Legal , Attorney Name Lawrence Meteiver V-6 Controller review is required for all Contracts $5,000.00 or more Controller and greater than one year in length per the City Purchasing cr.. 0 a co Policy Other Appropriate Reviewers ❑ 0 Agreement Lj Contract E] Proposal Addendum F] Claim /10 -w-fl $ Bid Opening -B-id Award I L Reg. to Advertise 324-1050-460-41.01 Title Sheet Amount Quote Opening -Quote Award Ch Order No. g Purpose/Description -C/O& PCA No. F] PCA F1 Ease./Encroach. ❑ Traffic Control D Resolution El -Other.- Company or Vendor Name Addendum to Master Agency Agreement Project Name Sheridan and Linclonway Project Project Number (En g.) /10 -w-fl $ Funding Source AEDA PO No. Account No. 324-1050-460-41.01 Amount $ 166,800.00 Terms of Contract Purpose/Description Addendum to Master Agency Agreement to allow for funding for Professional services contract for right-of-way services related to Sheridan and LinGolnway P[gject • Copy Original AO P 01,11" ❑ H Cheryl Phipps, C&ED F-1 Bill Schalliol, C&ED-ED ❑ increase ❑ Decrease Is Amount of Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % PO No. I • Copy Original AO P 01,11" ❑ H Cheryl Phipps, C&ED F-1 Bill Schalliol, C&ED-ED t Exhibit "B" COMMERCE DRIVE AND SHERIDAN AND LINCOLNWAY PROJECT SUPPLEMENT #1 See attached Proposal from Ken Herceg & Associates dated August 3, 2012 .7 I ]w! CHER6 OG KEN HERCEG & ASSOCIATES, INC. ENGINEERS, ARCHITECTS & LAND SURVEYORS August 3, 2012 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 Kenneth P. Hemeg, 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. RE: ADDITIONAL PROFESSIONAL SERVICES FOR COMMERCE DRIVE EXTENSION/ CITY PROJECT NO. 106 -083 SHERIDAN AVENUE IMPROVEMENTS & DRAINAGE IMPROVEMENTS AT LINCOI NWAY WEST / CITY PROJECT NO. 107 -039 k Dear Bill: We were directed in our meeting at the Public Works offices on July 30, 2012 to prepare combined Erosion and Sediment Control plans and obtain a single Rule 5 permit for a phased construction of referenced projects. Further, NIPSCO has requested field stake out of right of way for their relocation efforts. We would like to outline below our scope and fees for this effort. A. Obtain One Rule 5 Permit by combining Commerce Drive & Sheridan /LWW projects as Phase 1 and Phase 2 projects 1. Prepare a combined Title Sheet with indexes to Phase 1 Commerce Drive And Phase 2 Sheridan Avenue /LWW construction plan. 2. Prepare and attach Combined Erosion & Sediment Control Plans for Phase 1 Commerce Drive And Phase 2 Sheridan Avenue /LWW after the new Title sheet. 3. Retain existing title sheets without the signatures to demarcate Phase I and II plans. 4 Obtain Soil & Water Conservation District's approval. 5 Advertise project in newspaper 6 Prepare Rule 5 permit application and submit to IDEM. 7 Obtain IDEM's notice of sufficiency. Fee: $4000.00 (inclusive of SWCD review and IDEM application fee) kiiW 1 of 2 211 W. Washington Street, Suits, 9100 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 WES B. Modify 2 bid documents in to one bid document with Phases 1 and 2 Fee: 500.00 C. Field stake out of right of way for NIPSCO Fee: Survey fee at $130.00 per hour not to exceed a total fee of $2000.00 Total Fee request: $6500.00 Please provide us your approval unless you have any questions or clarifications. Your authorization will allow us to proceed with Rule 5 permit and RW staking. Thank you. Sincerely, Nitin V. Timble, P.E., L.S. V.P., Operations NT /nvt cc: Patrick Henthorn, PE, Assistant City Engineer, South Bend File 2007 -105 KA2007\105 Sheridan Road \Supplemental \No.2 \Letter_Rule 5_080212.doc