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HomeMy WebLinkAboutNo. 2060 approving/authorizing the execution of an agency agreement by/between the SBRC and the COSB board of public works relating to studebaker national museum relocation project (SBCDA)r RESOLUTION No. 2060 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE STUDEBAKER NATIONAL MUSEUM RELOCATION PROJECT (South Bend Central Development Area) WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is in the process of acquiring property located in the South Bend Central Development Area in the general vicinity of West Washington Street ( "Property"); and WHEREAS, as part of a redevelopment project with to relocate and construct a new facility for the Studebaker National Museum( "Project "), the Commission intends to undertake certain construction activities related to street improvements and other infrastructure improvements at or near the Property; and WHEREAS, the Board of Public Works ( "Board ") and the Commission desire to enter into an agency agreement wherein the Board shall act as the Commission's agent with respect to the demolition and construction of the Project and other related matters, a copy said Agency Agreement is attached hereto and incorporated herein as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. The Commission hereby approves of the Agency Agreement in the form attached hereto as Exhibit "A "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.. i Resolution hall a in full force and effect after its adoption b the Section 2. This s b p y G G Commission. ADOPTED at a meeting of the South Bend Redevelopment Commission held on June 4 , 2004, in Room 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REDEVELOPMENT COMMISSION Marcia I. Jones, sident ATTEST: Matthew Kahn, Secretary F:\HOME \CGREENE \WPData\ Projects\ SBCDA\Museum\Resolutions\Agency Agr- BPW &Comnrission.wpd AGENCY AGREEMENT This Agency Agreement ( "Agency Agreement "), made and entered into as of the day of , 2004, by and between the South Bend Redevelopment Commission ( "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 ( "Board ") for purposes of the Commission designating the Board to act as the Commission's agent in order to relocate and construct a new facility to house the City's collection which shall be leased to and operated by the Studebaker National Museum located in the general area of West Washington Street near the Northern Indiana Center for History ( "Property ") and to undertake certain construction activities related to street improvements and other infrastructure improvements at or near the Property related to the Studebaker National Museum Relocation redevelopment project ( "Project "). WITNESSETH: WHEREAS, at a meeting on , 2004, the Conunission adopted Resolution No. WHEREAS, at a meeting on , 2004, the Board adopted Resolution No. WHEREAS, the Commission and the Board desire to enter into this Agency Agreement ( "Agreement ") in order to permit the construction of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the Board desires to act as the agent of the Conunission for the purposes of constructing the Project in accord with the plan for redevelopment of the Property; 1 EXHIBIT A NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The Commission hereby empowers and appoints the Board to act as the Commission's agent for the limited purpose of contracting for the demolition and construction of the Project in accordance with the plans as approved by the Commission and filed with the Board ( "Plan "), which Plan may be supplemented and amended from time to time as provided for herein. The Board shall select the type, quantity, suppliers, construction contractors and subcontractors, materialmen and installers of the improvements and appurtenances on behalf of the Commission. 2. This limited Agency Agreement shall immediately terminate upon breach by the Commission or the Board of this Agency Agreement or any other agreement between the Commission or the Board at least seven (7) days in advance of the date of termination of agency. The authority and appointment herein contained is limited to a total construction cost for the Project, as established by the receipt and award of construction contracts by the Board pursuant to the Agency Agreement. 3. The Board hereby accepts the appointment of agency by the Commission as described in Paragraph 1 of this Agency Agreement. 4. The Board shall construct the Project pursuant to IC 36 -1 -12 and shall execute all contracts pursuant to said chapter on behalf of the Conunission. 5. The Board, in the bidding of the contracts pursuant to said chapter, shall adopt specifications pertaining to the work to be performed, the timetable for the performance of the work, require performance, payment, and maintenance bonds, and such other matters as may be required 1A by statute and /or the prevailing conditions in the South Bend community for public construction, provided such conditions, specifications, and matters are in accordance with the Plans and all supplements and amendments thereto. The Board may make such modifications and amendments to the Plans as required for the construction of the Project consistent with the overall design set forth in the Plans, as approved by the Commission, and may adopt such special conditions as may be required in its opinion to satisfactorily complete the construction of the Project, provided that such modifications, amendments or special conditions do not alter the character of the Project or reduce the value thereof. 6. The Commission hereby empowers the Board to assume full responsibility for obtaining all necessary licenses, inspections, zoning approvals, building permits and any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding the construction, zoning and leasing of the Project. 7. The sole responsibility for construction and purchase of items constituting the Project shall be that of the Board, which has the sole responsibility to dealing with contractors and subcontractors in the construction of the Project. The Board shall ensure that all components of the Project are properly invoiced to and titled in the Commission prior to the commencement of Project. 8. The Board shall have sole responsibility to inspect, on behalf of the Commission, the construction of improvements and the appurtenances and their installation although the Commission reserves the right, at any time, to conduct such independent inspection as it deems appropriate. If the improvements or appurtenances are not properly constructed or installed in accord with specifications, do not operate or hold up as represented or warranted by any supplier or contractor, 3 or are unsatisfactory for any reason, the Board, during the term of this Agency Agreement, shall make any claim on account thereof solely against said supplier or contractor. 9. The Commission hereby assigns to the Board, during the term of this Agency Agreement, all its rights and benefits pursuant to any warranties, duties, or obligations of any manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or materials for or in the Project. 10. The Board, on behalf of the Commission, shall be responsible for processing all contractor claims for payment, consistent with the following procedure. The Board shall: (a) obtain a completed Application and Certificate for a Payment (AIA G702) executed by the project architect or engineer; and (b) certify, in a Certificate for Payment signed by its authorized officers, that the work represented by the request for payment has been satisfactorily completed and there IL are no facts or conditions existing that would require the delay in payment to the contractor. 11. The parties acknowledge that it is the responsibility of the Commission to carry, or cause others to carry, builder's risk insurance and bodily injury and property damage insurance and the Board shall have no responsibility to obtain such insurance coverage. 12. The Board shall accept the completed Project on behalf of the Commission, which acceptance shall be evidenced by: (a) execution of a Certificate of Completion by the project architect or engineer and, if applicable, a Certificate of Occupancy issued by the Building Commissioner of the City of South Bend; and (b) the execution of a Certificate of Acceptance by the Board, accepting the Project as completed on behalf of the Commission. 13. The terms and conditions of the Agency Agreement shall insure to the benefit of and °°' bind the respective parties hereto and their successors in interest and assigns, and no portion of the L� 2 A G 13. The terms and conditions of the Agency Agreement shall insure to the benefit of and bind the respective parties hereto and their successors in interest and assigns, and no portion of the Agency Agreement may be assigned by any party without the prior written consent of all other parties. 14. The agency provisions herein contained apply only as stated and shall not be deemed to create any partnership, joint venture or other enterprise of any type or nature between the South Bend Redevelopment Commission and the Board of Public Works. No amendment, modification or alteration of the terms of this Agency Agreement shall be binding unless duly executed by the parties hereto in writing, dated subsequent to the date hereof. IN WITNESS WHEREOF, the undersigned hereto execute this Agency Agreement to be effective as of the day and year first written above. THE SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: Dated: THE BOARD OF PUBLIC WORKS Gary Gilot, President Carl Littrell Don Inks ATTEST: Angela K. Jacob, Clerk Dated: F:\ HOME \CGREENE \WPData\ Projects \SBCDA\Museum\Resolutions\Agency AAPW &Commiission.wpd AGENCY AGREEMENT This Agency Agreement ( "Agency Agreement "), made and entered into as of the day of '2004, by and between the South Bend Redevelopment Commission ( "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 ( "Board ") for purposes of the Commission designating the Board to act as the Commission's agent in order to relocate and construct a new facility to house the City's collection which shall be leased to and operated by the Studebaker National Museum located in the general area of West Washington Street near the Northern Indiana Center for History ( "Property ") and to undertake certain construction activities related to street improvements and other infrastructure improvements at or near the Property related to the Studebaker National Museum Relocation redevelopment project ( "Project "). WITNESSETH: WHEREAS, at a meeting on J U.YLL.. , 2004, the Commission adopted Resolution No. -� 0(o WHEREAS, at a meeting on l 4 , 2004, the Board adopted Resolution No. a� d 04 WHEREAS, the Commission and the Board desire to enter into this Agency Agreement ( "Agreement ") in order to permit the construction of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the Board desires to act as the agent of the Commission for the purposes of constructing the Project in accord with the plan for redevelopment of the Property; 1 NOW, THEREFORE, in consideration of the mutual covenants and promises herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. The Commission hereby empowers and appoints the Board to act as the Commission's agent for the limited purpose of contracting for the demolition and construction of the Project in accordance with the plans as approved by the Commission and filed with the Board ( "Plan "), which Plan may be supplemented and amended from time to time as provided for herein. The Board shall select the type, quantity, suppliers, construction contractors and subcontractors, materialmen and installers of the improvements and appurtenances on behalf of the Commission. 2. This limited Agency Agreement shall immediately terminate upon breach by the Commission or the Board of this Agency Agreement or any other agreement between the Conunission or the Board at least seven (7) days in advance of the date of termination of agency. The authority and appointment herein contained is limited to a total construction cost for the Project, as established by the receipt' and award of construction contracts by the Board pursuant to the Agency Agreement. 3. The Board hereby accepts the appointment of agency by the Commission as described in Paragraph 1 of this Agency Agreement. 4. The Board shall construct the Project pursuant to IC 36 -1 -12 and shall execute all contracts pursuant to said chapter on behalf of the Commission. 5. The Board, in the bidding of the contracts pursuant to said chapter, shall adopt specifications pertaining to the work to be performed, the timetable for the performance of the work, require performance, payment, and maintenance bonds, and such other matters as may be required 4 c by statute and/or the prevailing conditions in the South Bend community for public construction, provided such conditions, specifications, and matters are in accordance with the Plans and all supplements and amendments thereto. The Board may make such modifications and amendments to the Plans as required for the construction of the Project consistent with the overall design set forth in the Plans, as approved by the Comrission, and may adopt such special conditions as may be required in its opinion to satisfactorily complete the construction of the Project, provided that such modifications, amendments or special conditions do not alter the character of the Project or reduce the value thereof. 6. The Commission hereby empowers the Board to assume full responsibility for obtaining all necessary licenses, inspections, zoning approvals, building permits and any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding the construction, zoning and leasing of the Project. 7. The sole responsibility for construction and purchase of items constituting the Project shall be that of the Board, which has the sole responsibility to dealing with contractors and subcontractors in the construction of the Project. The Board shall ensure that all components of the Project are properly invoiced to and titled in the Commission prior to the commencement of Project. 8. The Board shall have sole responsibility to inspect, on behalf of the Commission, the construction of improvements and the appurtenances and their installation although the Commission reserves the right, at any time, to conduct such independent inspection as it deems appropriate. If the improvements or appurtenances are not properly constructed or installed in accord with specifications, do not operate or hold up as represented or warranted by any supplier or contractor, 9 or are unsatisfactory for any reason, the Board, during the term of this Agency Agreement, shall make any claim on account thereof solely against said supplier or contractor. 9. The Commission hereby assigns to the Board, during the term of this Agency Agreement, all its rights and benefits pursuant to any warranties, duties, or obligations of any manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or materials for or in the Project. 10. The Board, on behalf of the Commission, shall be responsible for processing all contractor claims for payment, consistent with the following procedure. The Board shall: (a) obtain a completed Application and Certificate for a Payment (AIA G702) executed by the project architect or engineer; and (b) certify, in a Certificate for Payment signed by its authorized officers, that the work represented by the request for payment has been satisfactorily completed and there are no facts or conditions existing that would require the delay in payment to the contractor. 11. The parties acknowledge that it is the responsibility of the Commission to carry, or cause others to carry, builder's risk insurance and bodily injury and property damage insurance and the Board shall have no responsibility to obtain such insurance coverage. 12. The Board shall accept the completed Project on behalf of the Commission, which acceptance shall be evidenced by: (a) execution of a Certificate of Completion by the project architect or engineer and, if applicable, a Certificate of Occupancy issued by the Building Commissioner of the City of South Bend; and (b) the execution of a Certificate of Acceptance by the Board, accepting the Project as completed on behalf of the Commission. 13. The terms and conditions of the Agency Agreement shall insure to the benefit of and _ bind the respective parties hereto and their successors in interest and assigns, and no portion of the 4 M LM G Agency Agreement may be assigned by any party without the prior written consent of all other parties. 14. The agency provisions herein contained apply only as stated and shall not be deemed to create any partnership, joint venture or other enterprise of any type or nature between the South Bend Redevelopment Commission and the Board of Public Works. No amendment, modification or alteration of the terms of this Agency Agreement shall be binding unless duly executed by the parties hereto in writing, dated subsequent to the date hereof. IN WITNESS WHEREOF, the undersigned hereto execute this Agency Agreement to be effective as of the day and year first written above. THE SOUTH BEND REDEVELOPMENT COMMISSION ATTEST: Dated: H: \WPData\ Projects ASBCDA\iduseum\Resolutions \Agency Agr -BPW &Comm ssion, pd THE BOARD OF PUBLIC WORKS Gary ilot, President Carl 'ttrell Don Inks A T: Elf, A-A 4�5�- Angela K. cob, Clerk Dated: �! RESOLUTION NO. of �"�E O ( RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS RELATING TO THE STUDEBAKER NATIONAL MUSEUM RELOCATION PROJECT (South Bend Central Development Area) WHEREAS, the South Bend Redevelopment Commission (the "Commission ") is in the process of acquiring property located in the South Bend Central Development Area in the general vicinity of West Washington Street ( "Property "); and WHEREAS, as part of a redevelopment project with to relocate and construct a new facility for the Studebaker National Museum( "Project "), the Commission intends to undertake certain construction activities related to street improvements and other infrastructure improvements at or near the Property; and WHEREAS, the Board of Public Works (`Board ") and the Commission desire to enter into an agency agreement wherein the Board shall act as the Commission's agent with respect to the demolition and construction of the Project and other related matters, a copy said Agency Agreement is attached hereto and incorporated herein as Exhibit "A "; NOW, THEREFORE, BE IT RESOLVED by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The Board hereby approves of the Agency Agreement and hereby authorizes its execution in substantially the form attached hereto as Exhibit "A" with such changes as the Board may deem necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of the Board's approval of such changes. The Clerk is hereby directed to file H: \WPData\ Projects\ SBCDA\Museum\Resolutions\Agency Agr- BP`V &Comrnission.wpd a copy of the Agency Agreement with the Commission. Section 2. This Resolution shall be in full force and effect after its adoption by the Board. jj ADOPTED at a meeting of the City of South Bend Board of Public Works held on June 14, , 2004, at q ,�0 a.m., in Room 1308 County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Gary Gilot, President z (9. 2 Carl Littrell Don Inks AWN ATTES . Angela K. Jacq',6er_k' 0 H: \WPData\ Projects\ SBCDA \,Museum\Resolutions\Agcncy Ag- BPW&,Comm ssion.wpd