HomeMy WebLinkAbout6.C.(5) Resolution No. 2518(~~ C. ( S j
RESOLUTION NO. 2518
RESOLUTION OE THE SOUTIi BEND REDEVELOPMENT
C01~1MISSION APPROVING AND AUTHORI"LING THE EXECUTION
OF AN AGENCY AGREE~~IENT 6Y AND F3ET«~EEN THE SOUTH 6END
REDE~'ELOPAIENT COM:VI[SSION AND THE CITY OF SOUTH 6END,
INDIANA, BOARll OF PUBLIC WORKS RELATING TO
ENGINEERING SF,RVICES ON TILE MIND S[TE
(Former Studebaker ludustrial Park)
WHEREAS, the South Bend DcparUnent of Rcde~~elopment, acting by and through its
Redevelopment Commission (the "Connnission') is the ow~nerofthcpropertyconunonlyrcficn-ed to
as the MIND site (t~n~merly kno~~n as the Studebaker Industrial Park) located in the City of South
[3end. [ndiana (the ~~Propcrt}~~): and
~~- H EREAS. as part of its redevelopment projects. the Commission intends to contract for
engineering scr~~ices to be conducted on the Property (the ~~Project~~): and
~l'HEREAS. the South ~3end L3oard of Public U'orks (the "BPW") and the Commission
desire to enter into an aaenc~ a~~rcement ~~herein the RPU shall act as the Commissions a~~ent ~~ith
respect to the Project, a copy of said Agency Agreement is attached hereto and incorporated herein as
Exhibit "A".
NO~~', THERF,FORE, BE IT RESOD"ED by the South Bcnd Rede~~clopment
Commission as t~~llo~rs:
Section 1. The Commission hereby approves the Agency A~~reement and hcrebv
authorizes its execution in substantially the R~rm attached hereto as Exhibit "A" with such changes
as the Commission nary deem necessar~~ or appropriate upon the advice of counsel, said execution
thera~f to be conclusive c~idence ol~ the Commission's appro~~al of such changes. The Clerk is
hereby directed to file a cope of the Agency A«recmcnt ~~~ith the E3PW'.
Section ?. This Resolution shall be in full force and effect after its adoption by the
Commission.
ADOP"fED at a meeting ofthe South Bend Rede~-~clopment Commission held on October 1 Z
?OOn. at 10:00 a.m., in Room 130H. County-City Building. South Bend, Indiana X6601 .
CITY OF SOUTH BEND,
DEPARTMENT OF REDEVELOPMENT
S~eiadr~n~r
Prinad A,nn~~nnJ7~ilr
South Bcnd Redevelopment Conunission
ATTEST:
s~~~,~<<~~~„
Pr6thJ A,nnr mal lulc
South Bcnd Redevelopment Commission
RESOLl;T10N NO.
RESOLUTION OE THE CITY OE SOUTH BENll, INDIANA, BOARD OF
PUBLIC «'ORKS APPROVING AND AU"1'HOR171NG THE EXECU'CION
OE AV AGENCY AGREEMENT 6Y AND BETWEEN THE SOUTH BEND
REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS RELATING "CO
ENGINEERING SERVICES ON THE MIND SI"1'E
(Former Studebaker Industrial Park)
~k'HEREAS, the South Bend Department of Rede~clopment. acting by and through its
Rede~°clo~~ment Commission (the "Conunission~~) is the o~enerofthe property conunonlr referred to
as the MIND site (t~~rmerly known as the Studebaker Industrial Park) located in the City of South
Bend. Indiana (the "Propert~~~): and
~~'HEREAS. as part of its rede~clopmart projects, the Commission intends to contract for
engineering scrrices to lie conducted on the Propcrt~ (the "Project~~): and
WHEREAS. the South Bend ~3oard of Public Works (the °BPW~~) and the Commission
desire to enter into an agency a~~rcement ~~hcrein the {3P~' shall act as the Commissions a~~c nt ~~~ ith
respect to the Project, a copy of said Agency Agreement is attached hereto and incorporated herein as
E~~hihit "A"
NOVV, TH EREFORE, BE IT RESOLVED by the City of South 6cnd. Indiana. Board of
Public Works as 1~~Ilo~e~s:
Section 1. The BPW hereby appro~~es the Agency Agreement and hereby authorizes its
execution in substantially the form attached hereto as Exhibit "A" ~~~ith such changes as the BPW
may deem necessary or approprfatc upon the ad~~ice of counsel. said execution thereof to he
conclusi~c c~~idence o[ the BPW"s appro~~al of such changes. The Clerk is hereby directed to file a
copy of the Agency agreement ~~~ith the Commission.
Section ?. This Resolution shall be in full t~irce and eflcct afterits ado~~tion by the BPW.
nDOPTED at a meeting of the City of South Bend Board of Public Works held on October
?7. 200. at 9: ~0 a.m., in Room I ;08, County-City Building. South Bau1. Indiana 46601 .
CITI' OF SOUTH BEND, INDIANA
60ARD OF PUBLIC ~~'ORKS
Garr Gilot, President
John H. Murphp
Don Inks
ATTEST:
Linda :~1artin, Clerk
AGENCY" ACNEEI~1ENT
"Phis Agcncv ~lgreemcnt, made and entered into as of the 17th day of October. 2008, by and
beteccn the South Bcnd Department of Redevelopment, acting by and through its Redevelopment
Commission (the "Conu»ission") and the City of South Bcnd. Indiana, a municipal corporation duly
organized and existing pursuant to the la~~~~s of the State of Indiana. actin~a by and through its Board
of Public Works (the ~~BPW'") {~~r purposes of the Commission designating the BPW to act as the
Commission's agent to undertake contracting t<~r engineering services (the "Project~~l located at the
MIND site (formerly known as the Studebaker Industrial Park) owned by the Commission (the
'~Propcrty~~)
~'~~ITNESSETH:
~~1'HEREAS, at a meeting on October 17, 2008, the Commission adopted its Resolution'Vo.
authorizing the BPW to act as its a~~ent with respect to the Project ~~~hich is
located in the Citv of~South Bcnd, Indiana: and
~~'HEREAS, at a meeting on Octobu~ 27, 2008. the BPw' adopted its Resolution No.
appro~in~~ and authorizin~~ the execution of an agency agreement with
the Commission: and
~i'HEREAS. the Commission and the 6P\w' desire to enter into this A~aency Agreement in
order to permit the completion of the Project p~nsuant to the terms and conditions contained herein;
and
~~~HEREAS. the BP~y' desires to act as the agent of the Commission for the purposes set
tbrth herein.
NO~~', TIILREFORE. in consideration of the mutual covenants and promises contained
herein, and for other ~~ood and ~~aluable amsideration, the receipt of ~~~hich is hereby ackn~~~~~ledged.
the BPW and the Commission a~rce as 1~illo~ws:
I . The Commission hereby empowers and appoints the BPW to act as the Contmission~s
a~~cnt tier the limited purpose of contractinr~ t<~r the completion of the Project on the Property. the
scope of said activities being more specitically described at Exhibit A attached hereto and
incorporated herein. The BPW' shall select the contractors and sub-contractors. ifany needed, and to
enta~ into contracts t<~r the Projects. all on h~half of the Commissi~~n.
2. This limited Agency Agreement shall inunedintcl~~ terminate upon breach by the
Commission or the BPW of this Agency A~~recmcnt or any other agreement bet~~~een the
Commission and the BPW or upon notice at Ienst se~~en (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, not to exceed 'three Hundred Nine Thousand Dollars (S X09.000.00) as
cstnblishcd by the award of contracts by BPVd to complete the Project pursuant to this Agency
A~~reement.
3. BPW hereby accepts the appointment as a~~cnt of the Commission as described in
Paragraph 1 of this Agency Agreement.
d. BPW shall a~sard such contracts as are necessary to complete the Project in
accordance ~~~ith Ind. Code ~~ ~6-1-I?. c~~ ~c~y.. and shall execute all contracts pursuant to said
chapter on behalf of the Commission.
~. BPW'. in the biddin~~ of the contracts pursuant to said chapter_ shall adopt
specifications pertaining to the ~~°ork to be pertormed. the timetable for the perf~~rmance of the ~~~ork,
require performance. payment. and maintenance bonds as necessary or desirable. and such other
matters as may be required by statute and-'or the prc~~ailing conditions in the South Bcnd community
i<n~ public ~i~urk, prodded such conditions, specifications, and matters arc in accordance «~ith the
requirements of the Commission and all supplements and amendments thereto. 1'he BPW may make
such modifications and amendments as may be required fr~r the completion ofthe Project consistent
~t~ith the o~~crall requirements set and approved by the Commission, and may adopt such special
conditions us may be required in its opinion to satisi~ictorily complete the Project. pro~~idcd that such
modifications, amendments or special conditions do not alta~ the character of the Project or reduce
the ~~aluc tha-cof.
6. The Commission hereby empo~~~ers the BPW to assume full responsibility for
obtaining all necessary licenses. inspections. zoning appro~~als and pa-mits and for performing any
and all acts ncccssa~y to comply ~~ith the applicable statutory and regulatory requirements regarding
the completion of [he Project.
7. The sole responsibility for completingthe Project shall be that ofthe BPW. ~~~hich has
the sole responsibility to deal ~,~ith contractors and subcontractors in the completion of the Project.
The BPW' shall ensm~e that all components of the Project arc properly imoiccd to and titled in the
Commission prior to the annmeneement of the Project.
8. The BP~y' shall hay e sole responsibility to inspect, on behalf of the Commission. all
aspects of the Project although the Commission rescues the right at any time, to conduct such
independent inspections as it deems appropriate. If any component ofthc Project is not completed in
accordance ~~ith specifcations or is unsatisfactor~~ 1~n~ an~~ reason, the BP W, during the term of this
Agency .Agreement shell make anv and all claims on account thereof solely against the responsible
contractor orsub-contractor.
9. The Commission hereby assigns to the BPW. during the term of this Agency
Agreement all its rights and benefits pursuant to any warranties, duties or obligations of anv
manufacturer. wholesaler, rctaila~. installer. contractor, or subcontractor who provides anv labor or
materials for or in any of the components of the Project.
10. The SPA', o^ behalf of the Conunission. shall be responsible for processing all
contractor claims for payment consistent ~~~ith its standard procedm'es.
11 . The parties acknowledge that it is the responsibility ofthe Commission to carry. or
cause others to cant', all risk insurance including bodily injury and property damage insurance and
the BPW shall have no responsibility to obtain such insurance coverage.
L. The BPW shall accept each ofthe completed components of the Project on behalf of
the Commission.
l ~. The 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
Agaicy Agreement maybe assigned by any party without the prior «~rittcn 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 ventw~c or other cnta~prise of any type or nature betwcai the South
Bend Redevelopment Commission and the South Bend Board of Public Works.
1 ~. 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.
1 N ~~' 1 TN ESS ~~' H E REO F. the undersi ~~ncd execute this /~;*ency /~grecment to be ettecti~~c
as o1'the date first written abo~~c.
CITY OF SOUTH BE1SD,
DEPART~1G:VT OE REDEVELOP~~IENT
A1arcia L Jones, President
South Beud Rede~~clopment Conunission
ATTEST:
Cregort~ S. Do~i~ncs, Secretar~~
South Bend Rede~~elopmeut Commission
CITY OF SOUTH BE\D, In~D1AlSA
BOARD OF PUBLIC ~k'ORKS
C,ar~~ Gilot, President
John 1!. ~lurph~
Don inks
,4"I'TES T:
Linda martin, Gcrk