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Home My WebLink About6A1°4�uT Department of ' Community Investment Memorandum Tuesday, May 28, 2013 TO: Redevelopment Commission FROM: Jitin Kain SUBJECT: Amendment to the Addendum to the Master Agency Agreement - Studebaker Plaza Project, Supplement #1 Attached with this memorandum are Resolution #3147 and Amendment to the Addendum to the Master Agency Agreement for the Studebaker Plaza Project, Supplement #1. On June 11, 2013, the BPW opened bids for the Studebaker Plaza project in downtown South Bend. The bid received from the lowest responsive, responsible bidder is higher than the resources currently allocated for the project. The following provides a breakdown of the activity till date: REVENUE Activity Cost Initial appropriation by Redevelopment Commission (November 2012) $295,214 Budget Increase prior to bid opening (May 2013) $25,000 CURRENTTOTAL $320,214 EXPENSES Activity Cost Architectural Services & Construction Documents $29,600.00 Lowest Bid Received at BPW $318,095.52 Advertising, Printing, Miscellaneous expenses 500.00 TOTAL NEEDED $348,195.52 The attached Amendment to the Addendum to the Master Agency Agreement - Studebaker Plaza Project, Supplement #1 establishes a project budget of $348,195.52. This equates to an additional increase of about $28,000. Note that Great Lakes Capital that owns the plaza and is investing over $6 Million in the rehabilitation of the former Wells Fargo building has agreed to split the additional costs and will reimburse the Commission for $14,000 of the new expenses. Staff requests approval of Resolution #3147 and Amendment to the Addendum to the Master Agency Agreement for the Studebaker Plaza project, Supplement #1. 227 W. JEFFERSON BLVD. SOUTH BEND, IN 46601 1 P: 574 - 235 -9371 1 FAX: 574 - 235 -9021 1 SOUTHBENDIN.GOV RESOLUTION NO. 3147 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Studebaker Plaza Project - Supplement #1) (3132 -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 Studebaker Plaza Project to the Master Agency Agreement by way of an Addendum on March 28, 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 (Studebaker Plaza 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 June 26, 2013, at 8:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. (Signature Page Follows) 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 (Studebaker Plaza Project - Supplement #1) (3132 -13) This Amendment to the Addendum to the Master Agency Agreement (this "Amendment"), made and entered into as of the 26th day of June, 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 Studebaker Plaza Project - Supplement #1 (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 Studebaker Plaza Project to the Master Agency Agreement by way of an Addendum on March 28, 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: 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 ", 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 Dave Relos, Member Kathryn Roos, Member Mark Neal, Member Michael Mecham, Member ATTEST: Linda Martin, Clerk Exhibit "A" Scope of Services by Joseph Dzierla & Associates (For construction documents & bid packet) Exhibit "B" STUDEBAKER PLAZA PROJECT SUPPLEMENT #1 Proiect Budget Activity Cost Architectural Services & Construction Documents $29,600.00 Lowest Bid Received at BPW $318,095.52 Advertising, Printing, Miscellaneous expenses 500.00 TOTAL $348,195.52