Loading...
HomeMy WebLinkAbout06/01/2005 Board of Public Works Special Meeting Minutes`J l7 R SPECIAL MEETING JUNE 1, 2005 The special meeting of the Board of Public Works was convened at 10:00 a.m. on Wednesday, June 1, 2005, by Board President Gary A. Gilot with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Attorney Tom Bodnar. AGENDA ITEM ADDED Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following item was added to the agenda: - Request to Advertise — Western Avenue Corridor Improvements AWARD BID - FIRE DEPARTMENT STORAGE BUILDING — PROJECT NO. 105- 036 (EMS/COIT) Mr. Carl P. Littrell, City Engineer, advised the board that on May 9, 2005, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Gilot recommends that the Board award the contract to the lowest responsive and responsible bidder, H.G. Chrisman Construction Company, Inc., 850 South Fellows, South Bend, Indiana, in the amount of $322,000.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS/ TITLE SHEET — WESTERN AVENUE CORRIDOR IMPROVEMENTS — PROJECT NO 104-026B (COIT) In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. In addition, the Title Sheet was presented for approval. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks, the request to advertise and the Title Sheet were approved. APPROVAL OF FUND ADMINISTRATION AGREEMENT — THIRD PARTY ADMINISTRATOR — GORDON GROUP INVESTMENTS LIMITED PARTNERSHIP D/B/A NORTH_AMERICA ADMINISTRATORS L.P. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Gordon Group Investments Limited Partnership, d/b/a North America Administrators, L.P., 1212 Eighth Avenue South, Nashville, Tennessee for services rendered in connection with the City of South Bend's employee medical benefit plan. Ms. Catherine Fanello, City Controller, stated four (4) bidders were interviewed, and the abovementioned bidder was the lowest, responsive. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 41-2005 — CONSENTING TO AND APPROVING THE ASSIGNMENT OF ST. JOE VALLEY METRONET INC 'S INTEREST IN RECIPROCAL LICENSE AGREEMENT Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.41-2005 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA CONSENTING TO AND APPROVING THE ASSIGNMENT OF ST. JOE VALLEY METRONET INC.'S INTEREST IN RECIPROCAL LICENSE AGREEMENT WHEREAS, the care, custody and control of property owned by the City of South Bend, Indiana ("City") is vested in the Board of Public Works ("Board") pursuant to I.C. 36-9-6-3 and 36-1-11-1, et seq.; and WHEREAS, St. Joe Valley Metronet, Inc. ("SJVMI") is a not -for -profit corporation whose purpose is to engage in developing and providing physical infrastructure that enables a system for digital telecommunications transport and related services in and around St. Joseph County, Indiana; and 1 J 1 SPECIAL MEETING JUNE 1, 2005 tjISo WHEREAS, the City, acting by and through the Board, and SJVMI are parties to that certain Reciprocal License Agreement ("License Agreement") having an effective date of March 14, 2005 in which the City grants to SJVMI a license to utilize City -owned rights -of -way underground conduits, manholes and related facilities for the purpose of installing, operating and maintaining multi -strand fiber optic cable and SJVMI grants to the City a license for a certain number of fiber strands in fiber-optic cable owned by SJVMI for the City's exclusive use; and WHEREAS, Paragraph 13 of the License Agreement provides for the assignment of the License Agreement and all of its rights and obligations to a third party upon prior written consent of the other party; and WHEREAS, Teachers Credit Union ("TCU") is a financial institution with principal offices located at 110 South Main Street, South Bend, Indiana, and TCU is willing to extend credit to SJVMI in exchange and consideration of SJVMI's agreement to assign its right, title and interest in and to the License Agreement under the terms and conditions set forth in that certain Assignment of Assignor's Interest in Agreement, the form of which is attached hereto and incorporated herein as Exhibit A ("Assignment"); and WHEREAS, the City is willing to permit SJVMI to assign its interest in the License Agreement for the purpose of obtaining credit from TCU under the terms and conditions set forth in the Assignment. NOW, THEREFORE, be it resolved by the Public Works Board of the City of South Bend, Indiana as follows: 1. The City, acting by and through the Board, hereby consents to SJVMI's assignment of its right, title and interest in and to the License Agreement to TCU in consideration of TCU's agreement to extend credit to SJVMI. 2. The City's consent to said assignment is subject to the terms and conditions expressed in the License Agreement and the Assignment referenced herein. ADOPTED the 1st day of June, 2005. s/Gary Gilot s/Carl Littrell s/Don Inks ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF GRANT OF ENCROACHMENT EASEMENT — SOUTH BEND COMMUNITY SCHOOL CORPORATION Mr. John Livingston, Legal Department, stated the South Bend Community School Corporation is constructing support columns on the existing support of its building located at 215 South St. Joseph Street. The construction of the wrapped columns will encroach upon the right-of-way. The Board of Public Works is asked to grant a permanent temporary right of easement. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Grant of Encroachment Easement was approved. PRIVILEGE OF THE FLOOR Mr. Gilot noted two (2) Boy Scouts were present to observe the Board of Public Works for merit badges. The Board answered several questions from the young men. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 10:18 a.m. PECIAL MEETING JUNE 1, 2005 ATTEST: Angela K. Jacob, Jerk BOARD OF PUBLIC WORKS Gary A. Gilo , President U� Carl P. Littrell, Member lj� � j Z'- ��) D nald E. Inks, Member 1