Loading...
HomeMy WebLinkAboutResolution 2021-12 (Reimbursable funding for Police Station)RESOLUTION NO.2021-12 A RESOLUTION OF THE CITY OF CARMEL REDEVELOPMENT COMMISSION REGARDING POLICE STATION EXPANSION AND COURT ADDITION PROJECT FUNDING WHEREAS, the City of Carmel, Indiana (the "City") is an Indiana municipal corporation; and WHEREAS, the City of Carmel Redevelopment Commission (the "CRC") is a governmental entity created and authorized to administer certain redevelopment activities within the City; and WHEREAS, pursuant to the Build Operate Transfer statute, Indiana Code § 5-23 et seq., the City may solicit and enter into agreements for the design, building, operation, and maintenance (`BOT") services to construct and complete public projects; and WHEREAS, on May 6, 2021, the City entered into an Additional Services Amendment to Agreement for Professional Services with Studio M Architecture & Planning, LLC ("Studio M") for preliminary design services to provide bridging documents to assist in the development of a BOT request for qualifications and proposals (the "Studio M Services Agreement"); and WHEREAS, on April 23, 2021, the City issued and caused to be published, in accordance with the requirements of the BOT statute and other provisions of the Indiana Code, a Request for Proposals and Qualifications To Design, Build, Operate, and Maintain the City Police Department Headquarters Expansion and Court Addition Project Through a Public -Private Partnership Agreement issued on April 23, 2021 (the `BOT RFP/Q") for the design, construction, and operation of a: (a) renovation and expansion of; and (b) addition of the City Court facilities to; the existing City Police Department Headquarters located at or near 998 South Rangeline Road in the City (the `BOT Project"); and WHEREAS, responses to the BOT RFP/Q were due no later than May 19, 2021; and WHEREAS, after reviewing all responses to the BOT RFP/Q, the City BOT evaluation committee contingently selected Envoy Construction Services, LLC ("Envoy") to be the preferred offeror to act as the developer of the BOT Project; and WHEREAS, upon approval by the City Board of Public Works, the City will execute an Agreement for Professional Services with Envoy for the design and establishment of a guaranteed maximum price for the construction of the BOT Project in a guaranteed payment amount not to exceed $585,000.00 (the "Envoy Services Agreement" and with the Studio M Services Agreement, the "Services Agreements")); and WHEREAS, the BOT Project will be funded with the proceeds of bond to be issued for a financing lease between the City and the Carmel Municipal Facilities Building Corporation (the "Bonds") approved by the City Council by Ordinance No. D-2562-20 (as amended) on March 17, 2021; and WHEREAS, the City is delaying the sale of the Bonds until approximately September 15, 2021, to create favorable conditions for the sale, including but not limited to a reduction in the costs of issuance; and WHEREAS, to meet the timeline for design and construction of the BOT Project and to comply with the requirements of the Bonds, the City must: (a) immediately authorize Envoy to begin performing under the Envoy Services Agreement; and (b) disburse any payments owed to Studio M under the Studio M Services Agreement; and WHEREAS, the City Council provided forAhe reimbursement of expenditures related to the BOT Project and/or the Bonds that are advanced by a commission of the City, as approved by the City Council by Resolution CC-02-15-21-01 on February 15, 2021 (the "Reimbursement Resolution"); and WHEREAS, the CRC has determined that it is now in the best interests of the CRC to: (a) upon execution of the Envoy Services Agreement by the City, make payments authorized by the City to Envoy in an amount not to exceed $585,000.00; and (b) make payment to Studio M in an amount not to exceed $350,000.00 for services performed under the Studio M Services Agreement; subject to reimbursement by the City from the proceeds of the Bonds as provided in the Reimbursement Resolution; all as authorized by the BOT statute, Indiana Code § 36-7-14, City ordinances, and other applicable law. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City of Carmel Redevelopment Commission that: The foregoing Recitals are fully incorporated herein by this reference. 2. The CRC will make disbursements to Envoy and Studio M, as necessary or desirable in connection with the terms and conditions of the respective Services Agreements, so long as the CRC's total obligation to: (a) Envoy under the Envoy Services Agreement does not exceed $585,000.00; and (b) Studio M under the Studio M Services Agreement does not exceed $350,000.00. 3. Each agreement, instrument, certificate, and other document contemplated by this Resolution to be executed and delivered by the CRC, shall be in a form approved by, and satisfactory to, the President and Executive Director of the CRC, with guidance from the CRC Finance Committee, which approval and satisfaction shall be conclusively evidenced by the execution and delivery thereof by the President, Vice President, Secretary, and/or Executive Director of the CRC. 4. The President and Executive Director of the CRC 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 CRC. In the absence of the President and/or Executive Director, the Vice President and/or Secretary of the CRC shall be 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 CRC. The President, Executive Director, Vice President, and/or Secretary are further authorized take all other lawful actions necessary in connection with the BOT Project, the Services Agreements, and the other matters contemplated by this Resolution. Adopted this '3 0 th day of June, 2021. CITV nF CA Member