No. 2235 amending resolution no. 2230 appointing the board of public works of South Bend as limited agent for utility improvements

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• RESOLUTION NO. �==' RESOLUTION AMENDING RESOLUTION NO. 2230 APPOINTING THE BOARD OF PUBLIC WORKS OF SOUTH BEND, AS LIMITED AGENT FOR UTILITY IMPROVEMENTS WHEREAS, the South Bend Redevelopment Commission (the "Commission ") has authorized the construction of certain utility improvements, including the relocation of a water line and a sewer line (the "Utility Improvements "), to provide for a hotel development project located on or near Lot 3A of the Blackthorn Office Park (the "Project "); and WHEREAS, on March 10, 2006, the Commission adopted Resolution No. 2230 appointing the Board of Public Works of the City of South Bend (the "Board "), as its agent with authority to advertise for, open, and accept or reject bids for the Utility Improvements in accordance with Indiana law in an amount not to exceed One Hundred Ten Thousand and 00/100 Dollars ($110,000.00) (the "Authorized Amount "); and WHEREAS, there has since been discovered that Lot 3A contains certain improvements related to the Blackthorn Golf Course, including a cart path and a water line for the golf course sprinkling systems, which will also need to be relocated (the "Additional Improvements "); and WHEREAS, the Board has advertised and opened bids for the Utility Improvements (including the Additional Improvements); and WHEREAS, as a result of the expanded scope of the Utility Improvements, the lowest responsive and responsible bidder exceeds the Authorized Amount; and WHEREAS, the Commission desires to increase the Authorized Amount to allow the Board to award the contract to the lowest responsive and responsible bidder in the determination of the Board and to allow the Board sufficient authority to approve any change orders that do not exceed approximately twenty percent (20 %) of the contract amount; NOW, THEREFORE, be it resolved by the Commission that the Board is appointed as its agent with authority to advertise for, open, and accept or reject bids for the Utility Improvements (including the Additional Improvements) in accordance with Indiana law in an amount not to exceed One Hundred Forty -Four Thousand and 00 /100 Dollars ($144,000.00) and the Commission hereby ratifies any action previously taken by members or staff of the Board consistent with such authority. However, nothing in this Resolution shall prohibit or inhibit the Commission from advertising for, opening, accepting or rejecting bids for public works projects and public purchases, including the Utility Improvements. NOW, THEREFORE, be it further resolved that the Board is authorized to rely upon written instructions from the Executive Director of the Community and Economic Development for the City of South Bend and may request, advertise for, accept or reject bids for public works projects and public purchases.