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HomeMy WebLinkAbout6.B.(2) Resolution No. 2501~~~>~ ~z> RESOLU"TION NO. 2501 RESOLUTION OF THE SOUTH BEND REDEVELOPMENT COMMISSION APPROVING ANll AUTHORI"LTNG THE EXECUTION OF AN AGENCY AGREEMENT BY AND BF,TWF,EN THE SOUTH BEND REDEVELOPMENT COMMISSION ANll THE CITY OF SOUTH BEND, 1NDIANA, BOARD OF PUBLIC WORKS RELATING TO THE RELOCATION OF THE KANKAKF,E-COLFAX 34.SkV TRANSMISSION LINE AND DISTRIBUTION LINES ON THE PROPOSEll TRANSPO SITE WHEREAS, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission (the "Commission") is the owner of various properties located in the City of South Bend, Indiana (the "Properties"); and WHEREAS, as part of its redevelopment projects, the Commission intends to relocate the proposed 1~ranspo Site to a location bounded by hldiana Avenue, Lafayette Blvd., Stull Street and part of the Studebaker site located on the Properties; and WIIEREAS, to accommodate the Transpo Site relocation, AMERICAN ELECTRIC POWER has agreed to relocate the Kankakee-Colfax 34.5 kV transmission line and all distribution lines on the site (the "Project"); and WHEREAS, the Project will cost an estimated $695,578.00 which the City will fund through the Airport Economic Development Area "fax Increment h'inance District; and WHEREAS, the South Bend Board of Public Works (the "BPW") has the expertise and staff resources to oversee the Project; and WIIEREAS, the BPW and the Commission desire to enter into an agency agreement wherein the BPW shall act as the Commission's agent with respect to the Project and other related matters. NOW, THEREFORE, BE IT RESOLVED by the South Bend Redevelopment Commission as follows: Section 1. "The Commission hereby approves the Agency Agreement 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 the Agency Agreement with the BPW. Section 2. This Resolution shall be in full force and effect after its adoption by the Commission. ADOP"I~ED at a meeting of the South Bend Redevelopment Commission held nn 2008, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BENll, DEPARTMENT OF KEDEVELOPMENT Prr'ntec :Fame an - 777 e South Bend Redevelopment Commission ATTEST: Prnvlc< Name anc TII e South Bend Redevelopment Commission AGENCY AGRF,F,MGNT "this Agency Agreement, made and entered into as of the day of 2008, by and between the South Bend Department of Kedevclopment, 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 oversee the relocation of the Kankakee-Colfax 34.5 kV transmission line and all distribution lines by AMERICAN ELECTRIC POWIiR (the "Project") located on properties owned by the Commission (the "Properties"). WITNESSETH: WHEREAS, at a meeting on adopted its Resolution No. 2008, the Commission authorizing the BPW to act as its agent with respect to the Project which is located in the City of South Bend, Indiana; and WHEREAS, at a meeting on Resolution No. 2008, the BPW adopted its approving and authorizing the execution of an agency agreement with the Commission; and WHEREAS, the Commission and the BPW desire to enter into this Agency Agreement in order to permit the completion of the Project pursuant to the terms and conditions contained herein; and WHEREAS, the BPW desires to act as the agent of the Commission for the purposes set forth herein. NOW, THEKEFORE, 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: I. The Commission hereby empowers and appoints the BPW to act as the Commission's agent for the limited purpose of contracting for and overseeing the completion of the Project on the Properties, the scope of said activities being more specifically described at `'1/xhibit A" attached hereto and incorporated herein. The BPW shall select the contractors and sub-contractors, if any needed, and to enter into contracts and agreements for the Project, all on behalf of the Commission. 2. hhis limited Agency Agreement shall immediately terminate upon breach by the Commission or the BPW of this Agency Agreement or any other agreement between the Commission and the BPW or upon notice at least seven (7) days in advance of the date of termination of this agency. The authority and appointment herein contained is limited to the total cost for the Project, as established by the estimates submitted by AMERICAN 1'LI?CTRIC POWIiR to complete the Project. 3. 'I~hc BPW hereby accepts the appointment as agent of the Commission as described in Paragraph I of this Agency Agreement. 4. The BPW shall award such contracts as are necessary to complete the Project and shall execute all accessary contracts and agreements on behalf of the Commission. 5. The BPW, in the bidding of any necessary contracts, shall adopt specifications pertaining to the work to be performed, the timetable for the performance of the work, require performance, payment, and maintenance bonds as necessary or desirable, and such other matters as may be required by statute and/or the prevailing conditions in the South Bend community for public work, provided such conditions, specifications, and matters are in accordance with the requirements of the Commission and all supplements and amendments thereto. The BPW may make such modifications and amendments as may be required for the completion of the Project consistent with the overall requirements set and approved by the Commission, and may adopt such special conditions as may be required in its opinion to satisfactorily complete the Project, provided that such modifications, amendments or special conditions do not alter the character of the Project or reduce the value thereof. 6. ~Che Commission hereby empowers the 13PW to assume £ull responsibility for obtaining all necessary licenses, inspections, zoning approvals and permits and for performing any and all acts necessary to comply with the applicable statutory and regulatory requirements regarding the completion of the Project. 7. The sole responsibility for contracting for and o~~crsceing the completion of the Project shall be that of the BPW, which has the sole responsibility to deal with contractors and subcontractors in the completion of the Project. 8. 1'hc BPW shall have sole responsibility to inspect, on behalf of the Commission, all aspects of the Project although the Commission reserves the right, at any time, to conduct such independent inspections as it deems appropriate. I1 the Project is not completed in accordance with specifications or is unsatisfactory for any reason, the BPW, during the term of this Agency Agrccment, shall make any and all claims on account thereof solely against the responsible contractor. sub-contractor or other entity. 9. The Commission hereby assigns to the BPW, during the term of this Agency Agrccment, 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 BPW, on behalf of the Commission, shall be responsible for processing all contractor claims for payment and for reimbursement, consistent with its standard procedures. 11. hhe parties acknowledge that it is the responsibility of the Commission to carry, or cause others to carry, all risk insurance including bodily injury and property damage insurance and the BPW shall have no responsibility to obtain such insurance coverage. 12. The BPW shall accept the completed Project on behalf of the Commission. 13. I'he terms and conditions of the Agency Agreement shall inure 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 the other party. 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 South Bend Board of Public Works. 15. 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 execute this Agency agreement to be effective as of the date first written above. THE SOUTH BEND RF,DF.VEEOPMEN"I' COMMISSION Prince 'nme anc lit e ATTEST: THE BOARD OF PUBLIC WORKS .ignaho~e Printec \YOne an Til e Yrirne~ ,A'ame my Tit e PriiVec A'nrne an 77t e ~'~ I I EST: Printer -A'ante am Tit r l rut(e< ;A'ame anc l~i! e '`Exhibit A" RELOCATION OF KANKAKEE-COLFAX 34.SkV TRANSMISSION LINE AND DISTRIBUTION LINES ON PROPOSED TRANSPO SITE 7'he City of South Bend plans to relocate the proposed Transpo Site to a location bounded by Indiana Ave., Lafayette Blvd., Stull Street and part o£ the Studebaker site, for the purposes of accommodating the Midwest Institute for Nanotechnology Discovery and the need to relocate the Kankakee-Colfax 34.5 kV transmission line and all distribution lines on the site by the spring of 2009. On August 21, 2008, AMERICAN ELECTRIC POWER provided the City with a relocation plan and estimate of $695,578.00 which the Cily will fund with the Airport l;conomic Development Area Tax Increment Finance District to accommodate the removal of the transmission and distribution lints necessary for the Transpo Sitc. "There is a nine month tinleframe for AMERICAN ELECTRIC POWER to relocate the lines and this is a necessary measure for Transpo and the future of the Studebaker Corridor and growth of the City and the MWD facility. The City will enter into an agreement with AMERICAN ELEC"TRIG POWER to pay for or reimburse for the cost of relocating the Kankakee-Colfax 34.5 kV transmission line and all distribution lines on the site.