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HomeMy WebLinkAboutResolution No. 3283 Addendum to the Master Agency Agreement - Ignition Park Phase 1B Infrastructure Supplement No. 3RESOLUTION NO. 3283 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase lB Infrastructure -Supplement #3) WHEREAS, effective January 1, 2011, 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 2011; and WHEREAS, effective January 1, 2011, 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 Ignition Park Phase 1 B Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13, 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase lB Infrastructure Project-Supplement #1 to the Master Agency Agreement by way of an Amendment to the Addendum on December 19, 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase lB Infrastructure Project-Supplement #2 to the Master Agency Agreement by way of an Amendment to the Addendum on September 24, 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 (Ignition Park Phase 1 B Infrastructure Project -Supplement #3) 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 March 26, 2015, at 9:30 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. . Inks, Secretary South Bend Redevelopment Commission CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMEN1 ~ Marcia I. Jones South Bend Red AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY AGREEMENT (Ignition Park Phase lB Infrastructure -Supplement #3) (2970-11, 3190-13,.3249-14, 3283-14) This Amendment to the Addendum to the Master Agency Agreement (this "Amendm~nt"), made and entered into as of the 26th day of March, 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 Ignition Park Phase lB Infrastructure -Supplement #3 (the "Project") and set a construction budget. WHEREAS, effective January 1, 2011, 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 Coll?-ll-ission for certain projects during 2011; and WHEREAS, effective January 1, 2011, 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 Ignition Park Phase lB Infrastructure Project to the Master Agency Agreement by way of an Addendum on December 13, 2011; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignition Park Phase lB Infrastructure Project-Supplement #1 to the Master Agency Agreement by way of an Amendment to the Addendum on December 19, 2013; and WHEREAS, pursuant to the Master Agency Agreement, the Commission added the Ignitio;n Park Phase lB Infrastructure Project-Supplement #2 to the Master Agency Agreement by way of an Amendment to the Addendum on 25th September, 2014; and WHEREAS, the Commission desires to amend the Addendum by way of this Amendment, adding Supplement #3. 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 in Supplement #1 as described in "Exhibit B", amended in Supplement #2 as described in "Exhibit C",. and now amended by Supplement #3 as described in "Exhibit D", 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 REDEVELOP-MENT 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 Exhibit "A" IGNITION PARK INFRASTRUCTURE PHASE lB PROJECT See attached Proposal from BSA LifeStructures dated October 4, 2011, approved by the Redevelopment Commission on December 13, 2011 and approved by the Board of Public Works on December 22, 2011 \ Exhibit "B" IGNITION PARK INFRASTRUCTURE PHASE lB PROJECT SUPPLEMENT #1 See attached Proposal Budget Exhibit "C" IGNITION PARK INFRASTRUCTURE PHASE lB PROJECT SUPPLEMENT #2 See attached scope of work by Abonmarche Exhibit "D" IGNITION PARK INFRASTRUCTURE PHASE lB PROJECT SUPPLEMENT #3 Project Construction Budget: $5,900,000 Construction includes: Utilities, lighting, new street, resurfacing streets, landscaping, new curbs, sidewalks and signage.