HomeMy WebLinkAboutNo. 3139 Approving and Authorizing the Execution of an Amendment to the Addendum to the Master Agency AgreementRESOLUTION NO. 3139
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Fellows Street Corridor Improvement Project - Supplement #6)
(2865-11,2972-11,3037-12,3045-12,3104-12,3128-13,3139-13)
WHEREAS, effective January 1, 2013, 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 2013; and
WHEREAS, effective January 1, 2013, 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement #1 by
way of Resolution 2972 on December 13, 2011; and
WHEREAS, the Commission amended the Addendum with Supplement #2 by
way of Resolution 3037 on May 31, 2012; and
"IT41
WHEREAS, the BPW tabled Supplement #3 to the Addendum on June 26, 2012;
WHEREAS, the Commission amended the Addendum with Supplement #4 by
way of Resolution 3104 on November 8, 2012; and
WHEREAS, the Commission amended the Addendum with Supplement #5 by
way of Resolution 3128 on March 14, 2013; 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 (Fellows Street Corridor Improvement
Project - Supplement #6) 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
May 9, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana
46601.
(Signature Page Follows)
AMENDMENT TO THE ADDENDUM TO THE
MASTER AGENCY AGREEMENT
(Fellows Street Corridor Improvement Project - Supplement #6)
(2865 -11, 2972 -11, 3037 -12, 3045 -12, 3104 -12, 3128 -13, 3139 -13)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment "), made and entered into as of the 14th day of May, 2013, 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
Fellows Street Corridor Improvement Project - Supplement #6 (the "Project ").
WHEREAS, effective January 1, 2013, 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 2013; and
WHEREAS, effective January 1, 2013, 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 Fellows Street Corridor Improvement Project to the Master Agency Agreement by
way of an Addendum on April 12, 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #1 during December 2011; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #2 during May 2012; and
WHEREAS, Supplement #3 to the Addendum was tabled by the BPW during
June 2012; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #4 during November 2012; and
WHEREAS, the Addendum was amended by both the BPW and the Commission
by Supplement #5 during March 2013; 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 42 as described in "Exhibit C ", tabled Supplement
#3 as described in "Exhibit D ", amended by Supplement #4 as described in "Exhibit E ",
amended by Supplement #5 as described in "Exhibit F ", and now amended by
Supplement #6 as described in "Exhibit G" 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.
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
/CL8Cuc�of� 2
Marcia I. Jo es, President
South Bend Redevelopment Commission
ATTEST: /
(�
,_�Wid A. Varner, Vice - President
South Bend Redevelopment Commission
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
Michael Mecham, Member
Mark Neal, Member
David Relos, Member
Kathryn Roos, Member
ATTEST:
Linda Martin, Clerk
Exhibit "A"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
See attached proposal from Christopher B. Burke Engineering Ltd. dated April 4, 2011
and approved by the Board of Public works on April 25, 2011
Exhibit `B"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #1
See attached Amendment dated December 6, 2011
and approved by the Board of Public Works on December 22, 2011
Exhibit "C"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #2
See attached Amendment dated May 1, 2012
and approved by the Board of Public Works on June 26, 2012
Exhibit "D"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #3
This exhibit was approved by the Redevelopment Commission in June 2012
Tabled by BPW
Exhibit "E"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #4
See attached Amendment dated November 2, 2012
and approved by the Board of Public Works on November 20, 2012
Exhibit "F"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #5
See attached Amendment dated March 14, 2013
and approved by the Board of Public Works on March 26, 2013
Exhibit "G"
FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT
SUPPLEMENT #6
Fellows Street and Ireland Road Intersection Improvements, $28,300
See attached Amendment of Agreement from Christopher B. Burke Engineering, LLC
dated April 24, 2013
Right -of -Way Acquisition Services (Right -of -Way Engineering & Staking), $18,000
See attached Supplemental Agreement #1 from DLZ
RECEIVED APR 2 9 2013
Christopher B. Burke Engineering, LLC
� 220 W. Colfax Ave. Suite 500 South Bend, IN 46601 574.282.8001 cbbel -iacom
April 24, 2013
Mr. Jitin Kain
City of South Bend
227 W. Jefferson Blvd.
14t" Floor County -City Building
South Bend, IN 46601
Subject: Fellows Street and Ireland Road Intersection Improvements
Amendment of Agreement
Dear Mr. Kain:
In accordance with our contract, we are providing you with this summary of the additional work
not included in the original contract Scope of Work. The proposed project changes were
discussed in an email on March 8, 2013, during a phone conversation with Michael Divita on April
5, 2013, and during a phone conversation with you on April 17, 2013. The contract Scope of Work
is proposed to be modified as follows:
1. The following tasks were completed in anticipation of an approved amendment in order
to keep the project on schedule:
a. Re- design of sidewalk on the east and west sides of Fellows Street from Ireland
Road to Walter Street based on City comments. Included changing road grades to
accommodate new sidewalk design.
b. Design of new stormwater detention system on Fellows Street which was not
included in the original contract scope.
c. Correspondence with affected property owners, additional meetings with City
staff, and public meeting preparation not included in the original contract scope.
The fee for this portion of the amendment is $21.500.00.
2. Design the signal loop system for the North approach of the Fellows and Ireland
intersection. The INDOT project does not include the design or installation of new signal
loops in the north approach. CBBEL will incorporate the new signal loop design into the
intersection improvement project.
The fee for this portion of the amendment is $2.300.00.
3. Coordination with property acquisition consultant (DLZ) for the properties north of the
Fellows and Ireland intersection needed to complete the intersection improvements,
sidewalk, and detention pond. CBBEL will provide support as needed that includes
Fellows Street & Ireland Road Intersection Improvements April 24, 2013
19.1412054100000 Page 1
providing updated design exhibit, answering design questions from affected property
owners, and joining DLZ on site visits with affected property owners as needed.
The fee for this portion of the amendment is $2,500.
4. Coordination with CARDNO JF NEW regarding the preparation of Bid Documents for the
Fellows and Ireland Intersection Improvement Project and the Fellows Street Drainage
Improvement Project. CARDNO JF NEW was hired by the City to prepare drainage
improvements on Fellows Street north of the intersection improvement project area. In
order to simplify the bidding, the City prefers to bid both projects together. CBBEL will
incorporate the completed and stamped design documents from CARDNO JF NEW into
the Bid Documents for the Fellows and Ireland Intersection Improvement Project in order
to bid the projects together as one project. CBBEL will not be responsible for the accuracy
of the design or the information included in documents from CARDNO 1F NEW, but will
verify that the CARDNO JF NEW documents are incorporated into the final bid set.
The fee for this portion of the amendment is $2.000.00.
Total Additional Estimated fee: $28.300.
in summary, an amendment to the current contract is requested that will require an additional
$28,300.00 in order to complete the additional work not included in the original Scope of Work.
This amendment is subject to the General Terms and Conditions included in the original contract.
If the information provided above meets with your approval, please sign this amendment and
send a copy back to us as notice to proceed with the additional work. If you have any questions
regarding this amendment, please contact me or Jason Durr, P.E. at 574- 282 -8001.
Sincerely,
/ Jon D. Stolz, P.E.
Managing Vice President
Fellows Street & Ireland Road Intersection Improvements April 24, 2013
19.R120543.00000 Page 2
THIS AMENDMENT PROPOSAL FOR THE FELLOWS STREET AND IRELAND ROAD
INTERSECTION IMPROVEMENT PROJECT IS ACCEPTED BY THE CITY OF SOUTH BEND,
INDIANA - DEPARTMENT OF PUBLIC WORKS.
The above contract is accepted this
Subject to the following conditions:
BOARD OF PUBLIC WORKS
Gary A. Gilot - President
Member
Member
Member
Member
ACCEPTANCE
day of
ATTEST:
Linda M. Martin - Clerk
JDS /jjd
CITY OF SOUTH BEND FELLOWS AND IRELAND AMENDMENT
2013
Fellows Street & Ireland Road Intersection Improvements April 24, 2013
19.8120543.00000 Page 3
SUPPLEMENTAL AGREEMENT NO. 1
This supplemental Agreement No. 1 is made and entered into this _day of
, 2013, 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 Blvd., South Bend, IN 46615, hereinafter referred to
as the "ENGINEER ".
WITNESSETH
WHEREAS, the OWNER and ENGINEER did, on March 26, 2013 enter into an
agreement for Right of Way Acquisition Services for Fellows Street Corridor
Improvements.
WHEREAS, the OWNER has requested certain additional services not included
in the original contract dated March 26, 2013; specifically, the OWNER desires to
contract for Right of Way Engineering and Right of Way Staking Services for the
Fellows Street Corridor Improvements Project (No. 11,1019).
NOW THEREFORE, the OWNER and the ENGINEER desire to amend the
above referenced Professional Services Contract as follows:
Delete Section A of Appendix "A" in its entirety and replace with the following:
A. The ENGINEER shall provide the services of qualified professionals to
perform:
1. Right of Way Acquisition Services including title abstracting, staking,
appraisal problem analysis, appraisal, appraisal review, negotiation,
acquisition coordination, closing, recording and relocation services for up
to eleven parcels of right of way to be acquired from existing residential
properties along Fellows Street in the City of South Bend, Indiana.
2. Right of Way Engineering, legal description and plat preparation,
boundary survey, for three permanent parcels of right of way to be
acquired from existing residential properties along Fellows Street in
the City of South Bend, Indiana.
II. Section L of Appendix "A" is added as follows:
L. ENGINEER shall prepare Boundary Survey of each lot from which a
permanent taking is proposed to be acquired, a legal description for each
parcel from which there will be a taking and prepare a right of way plat for
each parcel of permanent right of way to be acquired.
III. Section M of Appendix "A" is added as follows:
M. ENGINEER shall provide right of way staking activities when advised by
the appraiser that staking is necessary for the appraisal process to
proceed. ENGINEER shall mark the point where the new right of way line
crosses each property line and will mark each property corner within the
proposed taking. When directed, the ENGINEER will stake the
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Supplemental Agreement No. 1
approximate location of the existing right of way lines to assist the property
owner to visualize the amount of proposed property to be acquired. Points
will be marked by survey stake. The right of way staking is based on
completing all parcels once (one time).
IV. Delete Section A.9. of Appendix "B" in its entirety and replace with the following:
9. NOT USED.
V. Delete Section A.2. of Appendix "C" in its entirety and replace with the following:
The ENGINEER shall complete right of way engineering
documents within 30 days of receipt of title abstracting reports
and obtain completed appraisal problem analysis reports, to be
prepared by a Subconsultant, for each parcel from which there is a
proposed taking, within 30 days of right of way engineering
completion by ENGINEER.
VI, Delete Section A.1 of Appendix "D" in its entirety and replace with the following:
1. The ENGINEER shall receive as payment for the work performed
under this Agreement the total fee not to exceed $153,990.00,
unless a modification of agreement is approved in writing by the
OWNER.
VII. Delete Section A.2 of Appendix "D" in its entirety and replace with the following:
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:
a. Right of Way Services' (based on 11 parcels):
i. Title Abstracting (11 parcels @ Est. $400.00 /parcel) _
$4,400.00 (Reimbursable /Subconsultant)
ii. Appraisal Problem Analysis (11 parcels @ Est.
$250.00 /parcel) _ $2,750.00 (Reimbursable / Subconsultan
iii. Appraisals Services (7 parcels @ Est. $2,800 /parcel, 1
parcel @ Est. $3,000 /parcel, 3 parcels @ Est.
$4,500 /parcel) _ $36,100.00 (Reimbursable / Subconsultan
iv. Review Appraisal Services (7 parcels @ Est.
$1,400 /parcel, 1 parcel @ Est. $1,500 /parcel, 3 parcels @
Est. $2,250 1parcel) _ $18,050.00
(Reimbursable /Subconsultant)
V. Transfer Documents (11 parcels @ Est. $320.00)=
$3,520.00 (Hourly Rate)
vi. Negotiation, Acquisition Coordination and Closing Service
$135,990.00
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Supplemental Agreement No. 1
(11 parcels @ Est. $4,800 /parcel) _ $52,800.00 (Hourly
Rate)
vii. Recording Services (11 parcels @ Est. $320.00 /parcel) _
$3,520.00 (Hourly Rate)
Mi. Relocation Services (1 owner parcel and 1 tenant parcel @
Est. $3,600.00 /parcel) _ $7,200.00
(Reimbursable /Subconsultant)
ix. Relocation Coordination (1 owner parcel and 1 tenant parc
@ Est. $2,000.00 /parcel) _ $4,000.00 (Hourly Rate)
x. Title Policy and Title Company Settlement Services (1 total
acquisition parcel @ Est. $2,000 /parcel) _ $2,000.00
(Reimbursable /Su bco nsu Itant)
A. Recording Fees (11 parcels @ Est. $150.00)= $1,650.00
bR ight of Way Engineering (14 legal descriptions @ y13,DUV.uv
$600.00 /description, 3 plats @ $600.00 /plat, 3 boundary
surveys @ $1,100.00 /boundary survey) _ $13,500.00 (Lump Sum . Right of Way Staking (10 parcels @ $450.00 1parcel) _ $4,500.00
Item A.2.a. will be invoiced on an hourly rate basis, as defined below,
and /or as reimbursable /Subconsultant Items. The amounts are estimated
only, and the final amount shall not exceed the contract amount, without
prior written approval from the OWNER, in accordance with Section VI,
paragraph 12 of this Agreement and /or a subsequent approved
amendment to the Agreement. If a Subconsultant is utilized, the
ENGINEER shall receive as payment the actual cost incurred by the
ENGINEER, along with an administrative fee in an amount not to exceed
20% of the amount of the invoice.
Toll telephone calls, printing and mailing fees will not be reimbursable
expenses and the costs thereof are included in the itemized costs as
shown herein in Appendix "D ", Section 2.
The ENGINEER shall not be paid for any services performed by the
OWNER or not required to develop this project.
VIII. Delete Section A.4. of Appendix "E" in its entirety
IX. Delete Section A.1 0 of Appendix "E" in its entirety
X. Amendment
This contract amendment increases the current contract fee of $135,990.00 by
$18,000.00 to $153,990.00. All other terms and conditions as set forth in the
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Supplemental Agreement No. 1
original contract dated March 26, 2013 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.
IN TESTIMONY WHEREOF, the parties hereto have executed this Supplemental
Agreement No. 1.
ENGINEER:
DLZ INDIANA, LLC
Gary K. Fi , P.E.
Vice President
ATTEST:
iim�u Zel E. Wolfe, P.E., L.S.
Department Manager
OWNER:
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Gary A. Gilot, P.E., Board President
David Relos, Member
Kathryn E. Roos, Member
Michael Mecham, Member
Mark Neal, Member
ATTEST:
Linda M. Martin, Clerk
Approved as to Legality and Form:
Attorney for City of South Bend
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Supplemental Agreement No. 1
ACKNOWLEDGMENT
STATE OF INDIANA COUNTY OF ST. JOSEPH SS:
Before me, the undersigned Notary Public in
Gary K. Fisk, Vice President and Samuel
Indiana, LLC, 2211 E. Jefferson Blvd., South
the execution of the foregoing agreement of
2013 and each acknowledged and stated that
to execute the foregoing agreement.
and for said County personally appeared
E. Wolfe, Department Manager of DLZ
Bend, IN 46615, and each acknowledged
i this lath day of W
he is the party authorized the said firm
Witness my hand and seal the said last named date
My Commission Expires:
December 18. 2016
l Public
County of Residence: St. Joseph *MaMyers otary
STATE OF INDIANA
ACKNOWLEDGMENT
COUNTY OF
SS:
Before me, the undersigned Notary Public in and for said County personally appeared
Gary A. Gilot, David Relos, Kathryn E. Roos, Michael Mecham and Mark Neal of the
City of South Bend Board of Public Works and acknowledged the execution of the
foregoing agreement on this day of 20
Witness my hand and seal the said last named date.
My Commission Expires:
Notary Public
County of Residence:
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