HomeMy WebLinkAboutResolution_BPW_07-07-21-01; Public Hearing; Envoy Construction Services, LLC; James Crider, Director of AdministrationRESOLUTION NO. BPW NO. 07-07-21-01
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
RECOMMENDING SELECTION OF AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR SERVICES WITH SELECTED OFFEROR
WHEREAS, pursuant toIndiana Code 5 23 et seq. , the City of Carmel
solicit and enter into public-private agreements for the design, construction, operation, and
maintenance of public projects;
WHEREAS, on February 1, 2021, the Common Council of the City approved
Resolution No. CC 02-01-21-01 authorizing the City to enter into public-private agreements pursuant to
the BOT Statute;
WHEREAS, on April 23, 2021, the City issued a Request for Proposals and Qualifications to
Design, Build, Operate, Maintain the City Police Department Headquarters Expansion and Court Addition
Project Through aPublic Private Agreement , after publishing the statutorily required
public notice, for the design, construction, operation, and maintenance of the: (a) renovation and expansion
of; and (b) addition of the City Court facilities to; the existing City Police Department Headquarters located
WHEREAS, responses to the BOT RFP/Q were due no later than May 19, 2021;
WHEREAS, after reviewing all responses to the BOT RFP/Q, the City BOT evaluation committee
preferred offeror toact as the developer ofthe BOT Project;
WHEREAS, the City published the statutorily required notice of: (a) recommended
selection as the preferred offeror; and (b) public hearing regarding the selection of apreferred offeror; on
June 25, 2021\];
WHEREAS
Envoy, its qualifications, the recommendations of the Evaluation Committee, and the public comment made
at the public hearing, finds as follows:
1. Envoy has experience in developing, constructing, operating, and maintaining
projects similar to the BOT Project;
2. Envoy has experience in participating in public-private partnerships similar to that
proposed for the BOT Project;
3. Envoy has demonstrated that it has the ability and capacity toperform the work
required by the BOT Project in acost effective and timely manner;
4. responsive and complete;
5. Envoy has the financial ability and operational capacity to design, construct,
operate, and maintain the BOT Project; and
6.
partner for the BOT Project;
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E
WHEREAS, to ensure that the City receives the best possible pricing for the BOT Project,
additional programming, design, cost estimating, bidding, and other pre-development work to be performed
by Envoy isadvised prior to establishing aguarantee
WHEREAS, to ensure the ability to meet the BOT Project construction schedule, the City desires
to enter into an Agreement for Services with Envoy for the: (a) completion of the BOT Project programming
and design; and (b) establishment
payment under the Services Agreement, except for an initial amount not to
exceed $585,000.00 , shall be contingent on the sale of bonds approved by
the Council by Ordinance No. D-2562-20 (as amended) on March 17, 2021 ;
WHEREAS, repayment for service performed under the Services Agreement will ultimately be
funded by the proceeds of the Bonds;
WHEREAS, on Jun
authorized payment of the Initial Funding Amount under the Services Agreement, subject to reimbursement
from the Bonds pursuant to Resolution CC-02-15-21-01 for reimbursement of expenditures related to the
WHEREAS, upon the completion of design and establishment of the GMP under the Services
Agreement, the City desires to enter into aPublic Private Agreement for the construction, operation, and
and
WHEREAS, BPW has determined that is in the best interests of the City to: (a) select Envoy as
he BOT Project; (b) enter into
the Services Agreement; (c) enter into the PPA; and (d) take any other actions necessary to accomplish the
foregoing; all as authorized by the BOT Statute, City ordinances, and other applicable law.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and
Safety as that:
1. The foregoing Recitals are fully incorporated herein by this reference.
2. Envoy is selected as the preferred offeror and the private partner for the development of
the BOT Project.
3. The Mayor is authorized to negotiate the final terms ofthe Services Agreement and the
PPA, if applicable.
4. Each agreement, instrument, certificate, and other document contemplated by this
resolution to be executed and delivered by the City, shall be in aform approved by, and satisfactory to, the
City, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof
by the Mayor or his designee(s).
5. The Mayor and/or his designee(s) are authorized to execute and deliver all of the
agreements, instruments, certificates, and other documents contemplated by this Resolution to be executed
and delivered by the City. The Mayor and/or his designee(s) are further authorized to take all other lawful
actions necessary in connection with the BOT Project, the Services Agreement, the PPA, and the other
matters contemplated by this Resolution.
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E
SO RESOLVED this __ day of July, 2021.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
By: Date:
Honorable James Brainard
Presiding Officer
By: Date:
Mary Ann Burke
Member
By: Date:
Lori S. Watson
Member
ATTEST:
By: Date:
Sue Wolfgang
Clerk
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E
7/7/2021
7/7/2021
7/7/2021
7
7/7/2021
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E
DocuSign Envelope ID: 39EAF07F-154A-4BE0-B9C6-0178F076DD5E