12/28/10 Board of Public Works Claims Review

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CLAIMS REVIEW MEETING DECEMBER 28 2010 394 APPROVAL OF AGREEMENTS The following Agreements were submitted to the Board for approval: Type Meridian Title Description Amount Corporation Agreement Escrow Host Hotels & Resorts, Hotel Improvements Project at Agreement L.P., and Meridian Title the I" Source Bank Building Park Dept. Locations for Co oration Consent 1St Bank Center Limited Consent by the City to the Each Location Partnership Building Owner to Waive Services on Installed Technical Default in their Bond Termination of Host Hotels & Resorts, Termination of Agreement of Agreement for L.P., successor to Rahn October 22, 1979, to be Able Conveyance of Properties 11 to Enter into a New Public Agreement Documents Company, Inc. Termination of 1St Source Corporation, Termination of Agreement of Agreement for F /K/A FBT Bancorp, October 22, 1979, to be Able Conveyance of Inc. to Enter into a New Public Portage Ave. upon Payoff of Agreement Documents Development Side Letter for lst Source Corporation & Confirmation of the Memorandum of Host Hotels & Resorts, Agreement o f the Parties to Understanding L.P. include Doubletree Hotel as an "Upscale" Hotel APPROVAL OF AGREEMENTS The following Agreements were submitted to the Board for approval: Type Business Description Amount Motion/ Second Agreement SBCGlobal TI Data Line for Six Various Various Gilot/Inks Services d /b /a Park Dept. Locations for Amounts for AT &T Global ExecuTime Time Clocks to be Each Location Services on Installed Monthly behalf of Payments /36 Indiana Bell Month Contract Telephone Company, Inc. Release of Corporation for Release Mortgage of 1431 N/A Inks / Gilot Mortgage Entrepreneurial Portage Ave. upon Payoff of Development Indebtedness Assigned to the City of South Bend CLARIFICATION OF CHANGE ORDER N0. I - STUDEBAKER AREA A DEMOLITION — PHASE IV — PROJECT NO. 109 -032 Board Attorney Cheryl Greene clarified that the effective date of the Change Order previously approved on December 6, 2010 was intended not only to comply with the directive issued by the Department of Labor, but also intended to be consistent with state law governing public works projects. Board members discussed the conflict between meeting the deadline imposed by the Department of Labor to issue a change order and state law requirements that a change order should not be issued before commencement of actual construction. The Board also recognized that the Contractor had been stopped from commencing any construction activities pending resolution of the dispute over the Davis -Bacon classification and wage rates. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the Board ratified, confirmed and approved the Change Order as clarified, to reflect an effective date consistent with state law, and confirmed the Change Order is effective upon commencement of construction activities pursuant to reinstatement of the previously - suspended Notice to Proceed. The Board further authorized legal counsel to work with the Project consultant, DLZ, and the City Engineer to take all actions necessary to reinstate the previously suspended Notice to Proceed upon a determination that all required documentation had been duly updated to reflect a delay occasioned pending final direction from the Department of Labor concerning the Davis -Bacon classification and wage rates.