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Memorandum
July 18, 2014
TO: Redevelopment Commission
FROM: Jitin Kain
SUBJECT: Resolution No. 3224 & Amendment to the Addendum to the Master
Agency Agreement - Hill & Colfax Drainage Improvements, Supplement 2
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On August 15, 2013, the Redevelopment Commission approved an Amendment to the
Master Agency Agreement for consulting services related to Drainage work on
Commission owned property at the NW corner of Hill and Colfax.
Subsequently on January 30th, the Commission amended the addendum to the Master
Agency agreement, setting a project budget for improvements to the Hill & Colfax
project site as well as street improvements between Niles and Hill that included
changes to pavement marking as well as new lighting to benefit all the businesses on
the node.
Earlier this year, the Board of Public Works bid out improvement to the project site per
the Commission's commitment. However the bids came in higher and have not yet been
awarded.
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During this time, staff has renegotiated the site improvement portion of the project with
the development team of Colfax Hill Partners, LLC to support new project pricing that
the developers are working with. The additional resources still keep the Commission
commitment towards the project to less than 15% of the total development costs and
ensures a payback in less than 10 years.
Staff requests approval of an additional $170,000 from the SBCDA TIF towards the Hill
and Colfax site improvement portion of the project as well as the attached resolution
and amendment to the addendum to the master agency agreement.
227 W.JEFFERSON BLVD. SOUTH BEND, IN 46601 I P: 574-235-9371 I FAX: 574-235-9021 I SOUTHBENDIN.GOV
RESOLUTION NO. 3224
RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION
APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT
TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT
(Hill& Colfax Drainage Improvement Project- Supplement#2)
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 Hill & Colfax Drainage Improvement Project to the Master Agency Agreement by
way of an Addendum on August 15, 2013; and
WHEREAS, the Commission amended the Master Agency agreement (Hill
Colfax Drainage Improvement Project- Supplement #1) by way of an amendment on
January 30, 2014; 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 (Hill & Colfax Drainage Improvement
Project - 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
July 24, 2014, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana
46601.
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
(Hill& Colfax Drainage Improvement Project- Supplement#2)
This Amendment to the Addendum to the Master Agency Agreement (this
"Amendment"), made and entered into as of the 24th day of July, 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 Hill
& Colfax Drainage Improvement Project(the "Project") and set a new project budget.
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 Hill & Colfax Drainage Improvement Project to the Master Agency Agreement by
way of an Addendum on August 15, 2013; and
WHEREAS, pursuant to the Master Agency Agreement, the Commission added
the Hill & Colfax Drainage Improvement Project— Supplement #1 to the Master Agency
Agreement by way of an Addendum on January 30, 2014; and
WHEREAS, the Commission desires to amend the Addendum by way of this
Amendment, adding Supplement#2.
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
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contracting for and managing the completion of the Project, the scope of said Project
being originally described in "Exhibit A", amended 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
Kathryn Roos, Member
Brian Pawlowski, Member
David Relos, Member
Patrick Henthorn, Member
ATTEST:
Linda Martin, Clerk
Exhibit"A"
HILL & COLFAX DRAINAGE IMPROVEMENT PROJECT
See attached Proposal from Abonmarche dated August 5, 2013
Consulting Services Amount: $8,200
Exhibit"B"
HILL & COLFAX DRAINAGE IMPROVEMENT PROJECT
- SUPPLEMENT #1
See attached proposal from Abonmarche dated January 22, 2014
Project Budget: $204,750
Item Cost
Consulting Services for Amended Scope $19,750
On-Site Improvements $110,000
Off-Site Improvements $75,000
TOTAL $204,750
Exhibit"C"
HILL & COLFAX IMPROVEMENT PROJECT
- SUPPLEMENT#2
Revised Project Budget: $374,750
Includes improvements to the project site as well as street improvements (pavement
striping and new streetlights) from Hill to Niles Ave.
Item Cost
Original Budget $204,750
Additional On-site Improvements $170,000
TOTAL $374,750