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Home My WebLink AboutNo. 2490 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 2008 projectsRESOLUTION N0.2490 • 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 2008 PROJECTS WHEREAS, the South Bend Department of Redevelopment, acting by and through its Redevelopment Commission ("Commission") is the owner of various properties located in the City of South Bend, Indiana (Properties); and WHEREAS, as part of its redevelopment projects, the Commission intends to demolish the buildings located on the Properties (Projects"); and WHEREAS, the South Bend Board of Public Works (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 Projects 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 the Agency Agreement and hereby authorizes its execution in substantially 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. 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. • ADOPTED at a meeting of the South Bend Redevelopment Commission held on August 15, • 2008, at 10:00 a.m., in Room 1308, County-City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT ignature Marcia I. Jones, President Printed Name and Title South Bend Redevelopment Commission . South Bend Redevelopment Commission AGENCY AGREEMENT This Agency Agreement, made and entered into as of the ~~~ day ofAugust, 2008, by and between the South Bend Department of Redevelopment, acting by and through .its Redevelopment Commission ("Commission") and the Citv of South Renri Inrl;ana a mnnirir~al corporation duly organized and existing pursuant to the laws of the State of Indiana, acting by and through its Board of Public Works ("BPW") for purposes of the Commission designating the BPW to act as the Commission's agent to undertake various projects ("Projects") located on properties owned by the Commission ("Properties"). WITNESSETH: • WHEREAS, at a meeting on August 1 ~, 2008, the Commission adopted its Resolution No. 24 ~0 _ authorizing the BPW to act as its agent with respect to the Projects which are located in the City of South Bend, Indiana; and WHEREAS, at a meeting on August 11, 2008, the BPW adopted its Resolution No. <=;C~~z-gin ~~ > > c o approving and authorizing the exec„tion of an agency agreement ~~~ith the Commission; and `,~~HE 'j'AS, tiie Cuil~rriission and the BPW d ~ t Pr n th. ~,,,.oo, +:-- e.lre 0 ent.,~ 1~~t0 1S l'~~enCy ~r~i~,~,iilcii~ iii order to permit the completion of the Projects pursuant to the terms and conditions contained herein; and rJHEi~EAS, the BP vV desires to act as the agent of the Commission for the purposes set forth herein. • • i~TO~V, i HEREF~I2E, ir. consideration of the mutual covenants and promises contained herein, and for other good and valuable consideration, the receipt of which is hereby acknnwledged- the BPW and the Commission agree as follows: 1. The Commission hereby empowers and appoints the BPW to act as the Commission's agent for the limited purpose of contracting for the completion of the Proierts nn the PrnnPrt;PC the ~ - r-- -_~, . _- scope of said activities being more specifically described at Exhibit A attached hereto and incorporated herein. The BP W shall select the contractors and sub-contractors, if any needed, and to enter into contracts for the Projects. all on behalf of the Commission. 2. This limited Agency Agreement shal_1_ immediately te?;mir_ate 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 (%) days in advance of the date of . termination of this agency. The authority and appointment herein contained is lirtzited to the total cost for the Projects, as established by the award of contracts by BPW to complete the Projects pursuant to this Agency Agreement. 3. ~ BPW hereby accepts the appointment as agent of the Commission as described in Paragraph I of this Agency Agreement: 4. BPW shall award such contracts as are necessary to complete the Projects in accordance with lnd. Code S§ 36-1.12, ei seq., and shall execute all contracts pursuant to said chapter on behalf of the Commission. 5. BPW, in the bidding of the contracts pursuant to said chapter, shall adopt specifications pertaining to the worx 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 statate and/or the prevailing cor~cihior,s in the South Bend coniinurut-y fnr pitblir u,~nrk, rnrnvirlPri gtiChrnnditinn~ cnPr.ifiratinnc and mattPr~ arP ,n ar,C~,~danCP ;z,ith the r„~__..._..,..~.,, requirements of the Commission and all supplements and amendments thereto. The BPW may make such modifications and amendments as maybe required for the completion of the Projects consistent with the overall requirements set and approved by the Cnmm;Sg;nn, and rrra~ adopt cnrh cnarial ~ r. .,....,__ r.,...... conditions as may be required in its opinion to satisfactorily complete the Projects, provided that such modifications, amendments or special conditions do not alter the character of the Projects or reduce the value thereof. ~. Tl1_P_. COmmis~i_on llet'e}Jy Pp~pp~,vPrs tl~e RPW to acc,irr~e hall recnnnci}jility for r.,...,. 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 Projects. 7. The sole responsibility for completing the Projects shall be that of the BPW, which has the sole responsibility to deal with contractors and subcontractors in the completion of the Projects. The BPW shall ensure that all components of the Projects are properly invoiced to and titled in the Cnp~,lrriccipn,~-rinr tp t11P COInrTlerlCPmerlt nfeaCh PrnjPCt, 8. The BPW shall have sole responsibility to inspect, on behalf of the Commission, all r aspects or the Projects although the Lpmmiccinn reserves the right, at any time, to conduct such independent inspections as it deems appropriate. If any Project is not completed in accord with specifications or are unsatisfactory for any reason, the BPW, during the term of this Agency Agreement, shall make any and ail claims on account thereof solely against the responsible contractor or sub-contractor. • 9. The Commission hereby assigns to the BP~J, during the tenr~ of this Agency Agreement; all its rights and henetitg rnrrciiant to anv ~a~arrant1eU ,duti c Or ~hl,~ t;on° Of• any o-- r---~------- ~ e,,, ..ba manufacturer, wholesaler, retailer, installer, contractor, or subcontractor who provides any labor or materials for or in any of the Projects. l0. The BPW; on behalf ~f the Commission chill be res tensible for nrocessin~* all P~-- r s contractor claims for payment, consistent with its standard procedures. 11. The 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 respo_n_sibility to obtain such insurance coverage. 12. The BPW shall accept each of the completed Projects on behalf of the Commission. 1 ~. 1 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 maybe 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 ~edPVelppmPnt COmm1SS?on and the .Sp„th Bend Roard of Public ~~~orks. 1 ~. No amendment, modification or alteration of the teams of this Agency Agreement shall be binding unless duly exec>r?ted by the parties hereto in :x~riting, dated subsequent to the date hereof. • ~i~ W~Ti~iESS Y~YYE I2Zy/O~ ,the undersigned execute this Agency Agreement to be effective aC of the r3ate firct ~zrriften ,a~hn~,P. THE SOUTH BEND REDEVELOPMENT COMMISSION ~~_ ig a n~e r/ !r- Marr,i^ T Tnna~ PrP~i~1PC1t Panted rVame and Trtle THE BOARD OF PUBLIC WORKS ~,~~ ,; ,,~ ~ ~ Srgnalure - f, ~% Gi E'i p i i (( +~ ,'''~-. ~ r_...i Y v ,~-, ~~/~'J ~y e_;.r1r,Vrs,- Printe~aime and Tjle ' 0 .7[ / lure . i \ r _ i }} i Prfnted~n w _ te and~T ~le I '~ _ l Srgnature ~ r ~ [ Panted ;Nam e and Tule A 1 1 hST: ignalz ~, e~ory S. Dow-nes, Secretary Pruned Name and Tu(e ATTEST: Signature ~i_,` , d ( ~i n Gt ~rE/l ~ ~i~ 4;~, /7~ v~ , ~~~ i l~ Prrn[ed rVame and Title C n t ..i~~.~;(zA c. ~-rte) • ~~, U • Exhibit A PRO3ECTS COVERED BY AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT COMMISSION AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS PR!.~J~;~'.o. ~n~ns; nunr~r~ Annu~cS Eckler Lahey SW Corner of Broadway & Lafayette 1406 Franklin 1533 S. Lafayette Gates Chevy World Fat Daddies Block Bendix Family Physicians 401 W. Western Ave. 40i j. Lafayette Bivd. 505 - ~ 13 S. Michigan Ave. 1010 Bendix Drive •