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HomeMy WebLinkAbout11/28/2005 Board of Public Works Minutes0371 PUBLIC AGENDA SESSION NOVEMBER 23, 2005 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Wednesday, November 23, 2005, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was board Attorney Thomas Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City Staff. AGENDA ITEM ADDED - Bid Protest — Studebaker Area "A" Demolition Board members discussed the following item(s) from that list. - Proposal — Installation of Signs in Ten Locations Around Perimeter of South Bend Mr. Bill Schalliol, Community and Economic Development, stated North American Signs will prepare and install the signs. Easements from eight of the ten property owners have been completed. - Deed of Dedication — U.S. 31 Industrial Park This Deed of Dedication will dedicate the right of way of a stub street located in the U.S. 21 Industrial Park. - Resolution No. 70-2005 — Elevator Maintenance Agreement for Wayne Street Parking Garage Mr. Tim Williams, Community and Economic Development, and Attorney Shawn Peterson, Legal Department, stated the current maintenance agreement expires January 2006. The proposed Agreement with KONE, Inc. is for five years, with a yearly option for renewal. The Board suggested that the elevators for all the parking garages, as well as for the Leighton Center, be placed under the same maintenance agreement, and asked if a Request for Proposals for an elevator maintenance agreement could be accomplished. In the meantime, Mr. Williams and Mr. Peterson will contact KONE to see if this particular Agreement could be changed to a shorter term. BID PROTEST — STUDEBAKER AREA "A" DEMOLITION Mr. Thomas Bodnar, attorney for the Board, presented an oral report of his findings concerning a Bid Protest filed by Homrich, Inc. pleading that the Board should not award a contract for the Studebaker Area "A" Demolition project because the bid of the apparent low bidder, J&L Management Corporation, was flawed. Homrich alleges that J&L's failure to include a bid bond with the bid package opened August 8, 2005 should disqualify the bid. Mr. Bodnar noted that although it is true, as stated in the amended minutes of the August 8 meeting, that no Bid Bond was included in the J&L bid, the Bid Bond dated August 8, 2005 was submitted later. He also noted that the pre -qualification process of and review of the information in the bid documents confirm that J&l. Management Corporation is a responsible bidder. All documentation (correspondence/letters/memos) supported J&L's statements that the Bid Bond was ordered from a licensed broker two weeks before the bid opening and J & L obtained no advantage. Indiana law has always been that non -material variances are waivable, and a 1993 statutory change (I.C. 36.1-12-4(b)(10)) expands the Board's discretion to waive an irregularity such as the late filing of a bid bond. The aim of the public bid statutes is to get the lowest bid through honest competition and that would be met by the denial of the protest. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried. the Bid Protest was denied on the basis of legal counsel. APPROVAL/RELEASE OF SURETY FOR SECONDARY SUBDIVISION OAKS" Mr. Gilot stated Garden Homes submitted a check from Meridian Title in the amount of $141,279.00 for the completion of this subdivision. The Engineer's Report has since indicated that all the improvements have been made, except for asphalt surface and sidewalk ramps. Garden Homes submitted two (2) checks in the amount of $20,657.00 and $39,734.00 for the remainder of the required improvements. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the original surety was approved and t37a PUBLIC AGENDA SESSION NOVEMBER 23, 2005 accepted, and released subject to the validity of the two (2) checks to cover the outstanding improvements in the right-of-way. The Clerk was instructed to post the agenda and notify the media and other Persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 11:05 a.m. ATTEST: 61 nz'tg��f(7�� Angela K. acob, Cler REGULAR MEETING BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl P. Littrell, Member J � cz-- Q 4, Donald E. Inks, Member NOVEMBER 28, 2005 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, November 28, 2005, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks Present. Also present was board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the minutes of the public agenda session and the regular meeting of the Board held on November 10 and November 14, 2005, were approved. OPENING OF QUOTATIONS — 2005 NEIGHBORHOOD STREET LIGHTING PROGRAM —PROJECT NO. 105-053 Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: TRANS TECH ELECTRIC, L.P. 4601 Cleveland Road South Bend, Indiana Quotation was submitted by Mr. John Ferro QUOTATION: $74,712.50 F-J 1 9- REGULAR MEETING NOVEMBER 28, 2005 0373 BANCROFT ELECTRIC 829 Boyd Boulevard LaPorte, Indiana 46350 Quotation was submitted by Mr. Ty Bancroft QUOTATION: $70,525.00 MICHIANA CONTRACTING, INC. 7843 Lilac Road Plymouth, Indiana 46563 Quotation was submitted by Mr. Donald Wendel QUOTATION: $73,690.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. OPENING OF PROPOSALS — OLIVER SCHOOL SITE (PURCHASE OF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Proposals for the above referred to property. The following Proposals were opened and read: PARTNERS IN CHARITY 613 West Main Street West Dundee, Illinois 60118 TOM BRADEMAS, SR. Post Office Box 730 Mishawaka, Indiana 46546-0730 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Proposals were referred to Community and Economic Development for review and recommendation. STUDEBAKER AREA "A" DEMOLITION BID — PROJECT NO. 104-030 (HUD FUNDS/COIT/GENERAL FUND/CRED) Mr. Gary Gilot, Engineering, advised the board that on February 28, 2005, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Andy Laurent, Community & Economic Development, recommends that the Board award the contract to the lowest, responsive and responsible bidder, J&L Management Corporation, 15 North Walnut, Mount Clements, Michigan, in the amount of $7,918,250.00, which is the base bid and alternates A2, A3 and A4. DLZ, Indiana, concurs with the recommendation. The Board discussed this matter with Mr. Laurent and Ms. Cheryl Greene, Assistant City Attorney. Mr. Gilot made a motion a Notice of Letter of Intent be prepared by the Clerk and forwarded to J&L Management, and authorized the President of the Board to award the project, when funding becomes available. In addition, bid security should be returned to all unsuccessful bidders. Mr. Inks seconded the motion which carried. Mr. Gilot withdrew the motion, and restated the Board meeting would recess until Tuesday, November 29, 2005, at 4:00 p.m., at which time this agenda item would be addressed. Mr. Inks seconded the motion which carried. AWARD BIDS — SALE OF ABANDONED VEHICLES Mr. Gary Gilot advised the board that on November 14, 2005, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Gary Libbey, Code Enforcement, recommends that the Board award the contract to the highest bidders as follows: 3 i t ►-REGULAR MEETING NOVEMBER 28, 2005 JR. HINES 11395 E. 400N. Grovertown, Indiana 46531 No. Make of Vehicle Year Bid 2 WHITE PONTIAC GRAND PRIX 1986 $125.00 5 BLUE VOLVO 760 1990 $125.00 6 SILVER FORD CONTOUR 1995 $275.00 10 PRIMER FORD PICKUP 1986 $125.00 11 RED CHEVROLET CAVALIER 1997 $355.00 13 YELLOW DODGE SPORTSMAN CAMPER 1978 $125.00 TOTAL $1,130.00 INDIANA AUTO PARTS 3300 South Main South Bend, Indiana 46619 No. Make of Vehicle Year Bid 1 WHITE CHEVROLET LUMINA 1993 $136.50 4 BLUE CHEVROLET CAPRICE 1987 $136.60 7 GREEN DODGE INTREPID 1994 $136.60 g BROWN BUICK PARK AVENUE 1991 $136.50 9 RED CHEVROLET CAVALIER 1990 $126.50 12 RED DODGE CARAVAN 1993 $137.60 TOTAL $810.30 JAMES BURKE 721 Lincolnway East South Bend, Indiana 46601 No. Make of Vehicle Year Bid 3 RED EAGLE TALON 1994 $275.00 14 GREEN HYUNDAI ELANTRA 1997 $305.00 TOTAL $580.00 Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. APPROVE CHANGE ORDER — SOUTH BEND FIRE DEPARTMENT EOUIPMENT STORAGE BUILDING — H.G. CHRISTMAN CONSTRUCTION COMPANY — PROJECT NO. 105-036 (EMS COIT) Mr. Gilot advised that Mr. Jim Freeman, Engineering, has submitted Change Order No. 9 on behalf of H.G. Christman Construction Company, 850 South Fellows, South Bend. Indiana, indicating that the Contract amount be increased $5,819.00 for a new Contract sum including this Change Order in the amount of $331,986.10. Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the Change Order was approved. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Clerk was instructed to check the number of this Change Order, to assure the correctness. 1 E 1 REGULAR MEETING NOVEMBER 28, 2005 113719 1 The Clerk researched this project and found that only Change Order Nos. 1, 3, 7 and 9 have been approved. Change Order Nos. 2, 4, 5, 6, and 8 were rejected by the Division of Engineering. APPROVE CHANGE ORDER — SOUTH BEND FIRE DEPARTMENT HEADQUARTERS — CASTEEL CONSTRUCTION — PROJECT NO. 103-020A (BOND ISSUE) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 4 (Final) on behalf of Casteel Construction, 23186 West Ireland Road, South Bend, Indiana, indicating that the Contract amount be increased $105,786.00 for a new Contract sum including this Change Order in the amount of $17,138,192.52. Upon a motion made by Mr. Inks, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVE CHANGE ORDER — SOUTH BEND FIRE AND POLICE DEPARTMENT HEADQUARTERS — BUSINESS FURNISHINGS, INC. — PROJECT NO. 103-020C (BOND ISSUE) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 1 on behalf of Business Furnishings, Inc., 4102 Meghan Beeler Court, South Bend, Indiana, indicating that the Contract amount be increased $2,143.34 for a new Contract sum including this Change Order in the amount of $85,212.34. Upon a motion made by Mr. Inks, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVE CHANGE ORDER — SOUTH BEND FIRE AND POLICE DEPARTMENT HEADQUARTERS — BUSINESS FURNISHINGS, INC. — PROJECT NO. 103-020C (BOND ISSUE) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 2 on behalf of Business Furnishings, Inc., 4102 Meghan Beeler Court, South Bend, Indiana, indicating that the Contract amount be increased $6,526.00 for a new Contract sum including this Change Order in the amount of $91,738.34. Upon a motion made by Mr. Inks, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — FIRE DEPARTMENT HEADQUARTERS — CASTEEL CONSTRUCTION — PROJECT NO. 103-020A (BOND ISSUE) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted the Certificate of Substantial Completion on behalf of Casteel Construction 23186 West Ireland Road, South Bend, Indiana, for the above referred to project. Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the Certificate of Substantial Completion was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — POLICE DEPARTMENT HEADQUARTERS — CASTEEL CONSTRUCTION — PROJECT NO. 103-020B (BOND ISSUE) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted the Certificate of Substantial Completion on behalf of Casteel Construction 23186 West Ireland Road, South Bend, Indiana, for the above referred to project. Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the Certificate of Substantial Completion was approved. APPROVAL OF CONTRACTS/AGREEMENTS/PROPOSALS/ADDENDA Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Contracts/Agreements/Proposals/Addenda were approved: TYPE BUSINESS DESCRIPTION AMOUNT Contract RJBonham and Legislative Consulting $12,000.00 Proposal Associates Services for 2006 j Agreement Hull and Associates Professional Services for EPA Assessment EPA Assessment Grant Grant — Not to and EPA Revolving Loan Exceed Fund $200,000.00 EPA Revolving Loan Fund — Not t . REGULAR MEETING NOVEMBER 28. 2005 to Exceed $27,030.00 Agreement Rebuilding Together, ST. Staff Support — 2006 Reimbursement to Joseph County City-$15,155.00 Agreement South Bend Weed and Administrative and Fiscal -0- Seed Alliance, Inc. Agent Support Proposal Site Enhancement Installation of Ten (10) $11,300.00 Services/North American Signs in South Bend, Signs Around Perimeter of City Agreement Community Homebuyers Staff Support Reimbursed to Corporation City - $58,824.00 Addendum 446 South Harris West Side Residential Change of to Enhancement Matching Contractor and Agreement Grant Program Deadline Addendum 1714 Dunham Street Dunham Street Model Change of to Block Neighborhood Contractor, Agreement Residential Enhancement Reduction in Grant Matching Grant Program Cost of $73.50 FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLFY - SECOND EAST/WEST ALLEY NORTH OF EWING Mr. Littrell indicated that Mr. Antonio Sgambelluri, 2124 South Franklin Street, South Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner regarding the recommendations. Mr. Inks seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY — A PORTION OF KENWOOD AVENUE, LINDEN AVENUE AND FOUR NEARBY ADJACENT ALLEYS Mr. Littrell indicated that Mr. Nicholas Witwer, Community and Economic Development, South Bend, Indiana, has submitted a request to vacate the above referred to property. Mr. Gilot advised that the Board is in receipt of recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Therefore, Mr. Inks made a motion that the Clerk send a letter to the petitioner regarding the recommendations. Mr. Littrell seconded the motion which carried. APPROVAL OF RECOMMENDATION — TO CONDUCT KEYBANK SALMON CHASE FALL CLASSIC Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Kim Sult, Madison Center, 403 East Madison, South Bend, Indiana, to conduct the above referred to event on September 23, 2006, on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION — RENAMING CHAPIN STREET FROM LINCOLNWAY TO WEST WASHINGTON TO DR. MARTIN LUTHER KING JR DRIVE In a letter to the Board, Mayor Stephen Luecke recommended that the above referred to portion of Chapin Street be renamed to Dr. Martin Luther King Jr. Drive. Mayor Luecke stated the martin Luther King Jr. Foundation planning committee and members have agreed that this area is the best location to honor Dr. King and his legacy. Ms. Gladys Muhammad was present and stated that on behalf of the Martin Luther King Jr. Foundation, they appreciate the recommendation to rename Chapin Street. The people in this area have worked very hard to improve the quality of life and to keep the dream alive. Ms. Vivian Sally stated she supports these efforts and it is a historic event in the REGULAR MEETING NOVEMBER 28, 2005 1 3 7 7 community. Ms. Jesse Whittaker,,South Bend Heritage Foundation, thanked the Board of Public Works on behalf of the Heritage Foundation. Ms. Debra Walker, Martin Luther King Foundation, stated the renaming of Chapin Street is a good idea, and she is in support of this. Mr. Lynn Coleman, Mayor's Assistant and in Mayor Lueeke's absence, stated this is a good collaboration of neighbors and long overdue. It was announced that a ceremony for the street renaming will be held on December 4, 2005 at 10:30 a.m. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to remonstrate as submitted by Mr. Robert Loudin, Cleveland Woods Development Corporation, LLC. The Consent indicates that in consideration for permission to tap into public sanitary sewer and water system of the City, to provide sanitary sewer and water service to Fernwood at Cleveland, Phase III, Cleveland Woods Development Corporation, LLC waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Gilot made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. TABLE RESOLUTION NO. 70-2005 - A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FORM OF MAINTENANCE SERVICE AGREEMENT FOR THE ELEVATORS IN THE WAYNE STREET PARKING GARAGES AND OTHER RELATED MATTERS Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, this item will be tabled and continued at the November 29, 2005 4:00 p.m. meeting. APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, a Deed of Dedication to dedicate the right of way of a stub street located in the U.S. 21 Industrial Park. APPROVE TITLE SHEET — SOUTH MICHIGAN STREET — IRELAND TO CHIPPEWA Mr. Gilot advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above referred to Title Sheet was approved and signed. APPROVE CONTRACTOR AND OCCUPANCY B Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor and Occupancy Bonds be approved as follows: BOND OF CONTRACTOR R.S. Service Systems, Inc. OCCUPANCY BOND Brown and Brown Contractors Approved November 16, 2005, Pursuant to Resolution No.100-2000 Approved Effective November 16, 2005, Pursuant to Resolution No.100-2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that he following claims were submitted to the board for approval: Name Amount of Claim Date City of South Bend $3,900,132.66 November 21, 2005 City of South Bend $1,138,231.16 November 28, 2005 St. Joseph County Housing Consortium $5,587.00 November 3, 2005 sr M1 0 OREGULAR MEETING NOVEMBER 28, 2005 St. Joseph County Housing Consortium_ $115.74 November 3, 2005 St. Joseph County Housing Consortium $883.80 November 3, 2005 St. Joseph County Housing Consortium $1,541.86 November 3, 2005 St. Joseph County Housing Consortium $362.35 November 3, 2005 St. Joseph County Housing Consortium $14,762.00 November 3, 2005 St. Joseph County Housing Consortium $87.29 November 3, 2005 St. Joseph County Housing Consortium $347.42 November 3, 2005 St. Joseph County Housing Consortium $1,052.78 November 3, 2005 DLZ, Indiana (South Bend Police Headquarters) $48,867.83 November 17, 2005 DLZ, Indiana (South Bend Fire Department Headquarters) $25,000.00 November 17, 2005 Casteel Construction (South Bend Fire Department Headquarters) $104,092.52 November 16, 2005 Casteel Construction (South Bend Fire Department Headquarters) $219,051.00 November 14, 2005 Business Furnishings (South Bend Fire and Police Department Headquarters) $34,215.68 November 10, 2005 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks seconded the motion, which carried. The claim for Henricksen (South Bend Police Department Headquarters) will be addressed at the November 29, 2005, 4:00 p.m. meeting. RECESS 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 recessed at 10:10 a.m., and will reconvene on November 29, 2005, at 4:00 p.m. to address the Studebaker Area "A" Demolition Bid Award; the Resolution for the Parking Garage Elevators; and the Claim for Henricksen. BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl P. Littrell, Member Donald E. Inks, Member ATTEST: Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS MEETING RE -CONVENED The regular meeting of the Board of Public Works was re -convened at 4:00 p.m. on Tuesday, November 29, 2005, by Board President Gary A. Gilot, with Carl P. Littrell and Mr. Donald E. Inks Present. Also present was board Attorney Thomas Bodnar. 1 1 REGULAR MEETING NOVEMBER 28, 2005 13 7 BID AWARD — STUDEBAKER AREA "A" DEMOLITION — PROJECT NO. 104-020 Ms. Cheryl Greene, Assistant City `Attorney, stated the bid award is based upon financing related to closing of two (2) transactions with the South Bend Public Transportation Corporation involving the South Bend Stamping Plant property owned by the South Bend Redevelopment Commission and the Colfax Parking Garage owned by the City. The Board approved an Agreement related to the Colfax Garage at a public meeting earlier this year and the Redevelopment Commission has approved the Stamping Plant transaction. Both transactions require separate approval of the Federal Transportation Administration (FTA) in order for Transpo to proceed to closing. Ms. Greene confirmed that the FTA has approved the Stamping Plant transaction and is in the process of making its final review of the Colfax Garage Transaction. Transpo had advised that it expects final approval of the Colfax Garage transaction within the next day or so. However, the Colfax Garage transaction, and therefore the financing related to the bid award, will not be finalized until such time as the FTA gives final approval. The City of South Bend's Controller has recommended approval of the bid award, subject to financing. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the bid was awarded to J&L Management Corporation, 150 North Walnut, Mt. Clemens, Michigan. in the amount of $7,918,250.00, which is the base bid plus Alternates A2, A3 and A4, subject to the finalization of financing, and in addition, scheduling a Special Meeting of the Board on Monday, December 5, 2005 at 9:30 a.m. to address the resolution of financing for this bid award. ADOPT RESOLUTION NO. 70-2005 — APPROVING A FORM OF MAINTENANCE SERVICE AGREEMENT FOR THE ELEVATORS IN THE WAYNE STREET PARKING GARAGES AND OTHER ELATED MATTERS Mr. Shawn Peterson, Legal Department, stated he has reviewed all the maintenance agreements for elevator maintenance for City of South Bend parking garages, including the Leighton Center. He noted the Leighton Center elevators are under a maintenance agreement from Otis Elevators. Further, in order to place all elevators under same agreement, the City would require approximately six (6) months to complete the current agreement and solicit for proposals. Mr. Peterson has spoken with KONE, Inc., and they are willing to change the draft agreement to a six (6) month term. The agreement will be forthcoming to the Board. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 70-2005 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING A FORM OF MAINTENANCE SERVICE AGREEMENT FOR THE ELEVATORS IN THE WAYNE STREET PARKING GARAGES AND OTHER RELATED MATTERS WHEREAS, the City of South Bend, Indiana (the "City") owns the parking facility located at 126 E. Wayne Street in the City (the "City Facility"); and WHEREAS, the City has recently contracted with KONE Inc. ("KONE") for the purchase and installation of two (2) elevators in the City Facility (the "City Elevators"); and WHEREAS, the City negotiated and purchased a warranty for the City Elevators, which warranty is scheduled to expire on January 14, 2006; and WHEREAS, the City now desires to enter into an agreement to provide for maintenance and inspection services for the City Elevators upon the expiration of their warranty; and WHEREAS, the Board of Public Works of the City (the "Board") is authorized pursuant to Indiana law to enter into service agreements, on behalf of the City, to provide the maintenance of City Elevators; and s^g REGULAR MEETING NOVEMBER 28, 2005 WHEREAS, the South Bend Redevelopment Commission (the "Commission") owns the parking facility located at 121 E. Wayne Street in the City, which facility contains two (2) elevators owed by the Commission (the "Commission Elevators" and with the City Elevators, the "Covered Elevators"); and WHEREAS, the Commission desires to enter into an agreement to provide for the maintenance and inspection services for the Commission Elevators; and WHEREAS, KONE desire to assist the City and the Commission by providing maintenance and inspection services for the Covered Elevators; and WHEREAS, a form of Maintenance Agreement between the City, the Commission and KONE (the "Agreement") has been presented to Board with certain terms and conditions that are subject to final negotiations between the various parties; and WHEREAS, the Commission is scheduled to approve the Agreement with respect to the Commission Elevators at its meeting on December 2, 2005 and to authorize the President of the Board of Public Works to finalize, execute and deliver the Agreement on behalf of the Commission; and WHEREAS, the Board desires to approve the form of Agreement on behalf of the City and to authorize the Board's President to finalize, execute and deliver the Agreement on behalf of the City and on behalf of the Commission; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The Board hereby approves, on behalf of the City the form of the Agreement presented to the Board at this meeting, and Secretary is instructed to include a copy of said Agreement with minutes of this meeting. 2. The Board hereby authorizes and directs the President of the Board to negotiate, execute and deliver the Agreement on behalf of the City in the form approved by the Board, with such changes either in form or substance as may be approved by the President with such approval to be conclusively evidenced by such execution. 3. The Board further authorizes and directs the President of the Board to negotiate, execute and deliver the Agreement on behalf of the Commission consistent with the Commission's approval of the Agreement and the authority granted by the Commission to such officer. 4. This Resolution shall take effect immediately upon its adoption by the Commission ADOPTED at a meeting of the Board of Public Works of the City of South Bend. Indiana held on November 28, 2005 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. BOARD OF PUBLIC WORK OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk CLAIMS Mr. Gilot stated a claim from Henricksen has been submitted on behalf of DLZ, Indiana for the South Bend Police Department Headquarters. It was noted that DLZ has recommended denial of the claim as it is a warranty item. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the claim was denied. REGULAR MEETING NOVEMBER 28, 2005 tJ31 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 adj ourned at. ATTEST: (� tq' Angela K. Acob, Cler 1 BOARD OF PUBLIC WORKS Gary A. Gilot, President aa2���- Carl P. Littrell, Member Donald E. Inks, Me m er 1 1 1