08/14/12 Board of Public Works Minutes

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AGENDA REVIEW SESSION AUGUST 9, 2012 256, WHEREAS, Lessee proposes to enter, into the Lease with PNC EQUIPMENT FINANCE, LLC., and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The City Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on August 9, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Michael C. Mecham ATTEST: s /Linda M. Martin, Clerk Board members discussed the following item(s) from the agenda. - Change Order — LaSalle School Area Sewer Separation Mr. John Engstrom, Engineering, stated when digging for installation of the sewer pipe located between Manhole No. 2 and No. 3, unsuitable wet slurry type material was encountered that had to be removed, and a geo- textile material and stones, brought in. Mr. Gilot stated decent soil borings were performed at each of the manholes; the problem encountered was located between two of those manholes once excavation began. Mr. Gilot noted they encountered differing site conditions after doing thorough site testing; they should be able to negotiate on unit prices. He stated there is standard language in the City contract if there's deviation in excess of a certain percentage, the City can negotiate unit prices. Mr. Toy Villa, Engineering, stated he would talk to the contractor and try to negotiate. - Addendum to Master Agency Agreement — Memorial Skyway Building Window Replacement Mr. David Relos, Community and Economic Development, stated the Memorial Skyway Fagade Project came in under budget, so there is now money for the window replacement. He noted the windows were originally part of the project, but removed to assure enough funds for the fagade. - Professional Services Contract — Phase II North Station Roof Restoration