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HomeMy WebLinkAboutNo. 3214 approving and authorizing the execution of an amendment to the Addendm to the Master Agency Agreement with BPW (Southside Improvements Project) RESOLUTION NO.3214 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT Southside Improvements Project WHEREAS, effective January 1, 2014, 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 2014; and WHEREAS, effective January 1, 2014, 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 Southside Improvements Project to the Master Agency Agreement by way of an Addendum on October 22,2013; 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 (Southside Improvements Project) 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 15, 2014, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT Ir�j • South Bend Redev • •ment Commission AT ST: 2L S I th Ben+ Redevelopment Commission THIRD AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Southside Improvements Project) This Third Amendment to the Addendum to the Master Agency Agreement (this "Amendment"), made and entered into as of the 15th day of May, 2014, 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 Southside Improvements Project(the "Project"). WHEREAS, effective January 1, 2014, 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 2014; and WHEREAS, effective January 1, 2014, 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 Southside Improvements Project to the Master Agency Agreement by way of an Addendum on October 22, 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", subsequently amended 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) 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 David Relos, Member Kathryn Roos, Member Patrick Henthorn,Member Brian Pawlowski,Member ATTEST: Linda Martin, Clerk Exhibit "A" Christopher B. Burke Engineering Professional Services Agreement Southside Improvements Project Protect Scope and Description: Update plans/ specs for the Bowen Ave. and Ireland & Miami Sidewalk Projects, and High & Ireland Intersection Improvements Project; as well as design and survey services for a drainage solution for Erskine Golf Course from Ireland to the course's pond; and design services to remove the berm around the Erskine Retention Basin on the north side of Erskine Plaza. (see attached Professional Services Agreement). Budget: $46,682 Exhibit`B" Christopher B. Burke Engineering Professional Services Agreement Change in Scope of Services Southside Improvements Project Additional scope of services to assist in Right of Way acquisitions for the High & Ireland, Ireland & Miami, Bowen Street, and Erskine Retention Basin infrastructure improvements and plan sheet updates. $8,100 Exhibit "C" Project Construction and Right of Way Acquisition Budget Southside Improvements Project To set the project budget for construction costs and right of way acquisitions related to improvements to Bowen Ave, Ireland & Miami, High & Ireland, as well as reworking the berm around the Erskine Retention Basin on the north side of Erskine Plaza. Budget: $975,000 ($800,000 construction; $175,000 right of way acquisition)