08/21/08 and 08/25/08 Board of Public Works Regular Minutes

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REGULAR MEETING AUGUST 25, 2008 WHEREAS, pursuant to I.C. §36-9-6-2 and I.C. §36-9-6-3, the City of South Bend. Indiana Board of Public Works ("Board") has authority over the use of public rights of way and may contract for all work required to improve or repair City streets and property; and WHEREAS, Gary Gilot is a duly licensed Engineer who serves as the City's Director of Public Works; and WHEREAS, the Board has heretofore executed various contracts and agreements related to the construction of certain improvements located at the intersection of Ireland Road and Miami Street within the City of South Bend, and more specifically identified by the Board as Project No. 107-040 ("Project"); and WHEREAS, due to problems arising during the course of construction on the Project, it was determined that it was necessary to obtain certain services and equipment Advanced Valve Technologies, LLC ("AVT") on an expedited basis in order to correct the construction problems and avoid prolonged disruption of traffic in the Project area; and WHEREAS, the City and AVT reached an agreement as to certain terms and conditions as more specifically set for in certain documents entitled "Contract Number 00253A" and "Contract Number 002533B" (collectively "Contracts") dated August 13, 2008, said Contracts are attached hereto and incorporated herein as Exhibit "A " and WHEREAS, in order to facilitate the Project, Gary Gilot executed the Contracts on August 13, 2008 on behalf of the City; and WHEREAS, the Contracts between the City and AVT are subject to final approval by the Board; and WHEREAS, the Board believes that the Contracts are in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the Contracts comply with federal, state and local laws under which the Project has been undertaken and is being assisted.- and wi PH 50, � _! ; �1191111 ON01111111,111 �i� NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: 1. The actions taken by the Director of Public Works for the City of South Bend relating to the Project, including the execution of the Contracts on behalf of the City are hereby in all respects ratified, confirmed and approved. 2. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works.