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Home My WebLink About11082016 Board of Public Works AgendaAGENDA REVIEW SESSION NOVEMBER 3, 2016 346 - City of South Bend Sewer Insurance Policy Mr. Eric Horvath; Public Works, advised the Board the Sewer Insurance Contractor Rates were updated. Mr. Horvath stated Ms. Hana Parkhill, Engineering and Mr. Kevin Fink, Engineering, have been working on setting new rates and getting feedback from contractors. Mr. Horvath stated the City's rates were significantly lower than other surrounding cities so the City has increased them slightly in attempt to attract more contractors - Resolution No. 52-2016 — A Resolution of the Board of Public Works of the City of South Bend Approving the Transfer of Real Property to the South Bend Redevelopment Commission Mr. Gilot requestedclarification on what was being done with the Firehouse Theater Building. Ms. Maradik advised it is being transferred to the Redevelopment Commission and they would be disposing of it. No other business came before the Board. Upon a motion by Mr. Gilot, seconded by Ms. Maradik and carried, the meeting adjourned at 11:19 a.m. BOARD OF PUBLIC WORKS �� 4 —4 1 Gary A. Gilot, President Suzanna TI I. Fritzberg, Vfe ber Elizabeth A. Maradik, Member James A. Mueller, Member Therese J. Do au, N ember A EST: x da M. Martin, Cler REGULAR MEETING NOVEMBER 8.2016 The Regular Meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, November 8, 2016, by Board President Gary A. Gilot, with Board Members Suzanna Fritzberg, Elizabeth Maradik, and Therese Dorau present. Board Member ,Tames Mueller was absent. Also present was Attorney Benjamin Dougherty. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the Minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on October 20, 25, and November 1, 2016, were approved. OPENING OF BIDS — 2016 CURB AND SIDEWALK CONSTRUCTION PHASE Il PROJECT NO 116-029 fMVHI This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- — County News, which were found to be sufficient. The following bids were opened and publicly read: LAPORTE CONSTRUCTION South, 4999 US-35 La Porte, I_N 46350 Bid was signed by: Lori Schrod RFGULAR MEETING NOVEMBER 8. 2016 347 Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed .Five percent (5%) Bid Bond was submitted BID: Division E Base Bid Total $27,370M Division E Alternate 41 Total $13,200.00 Division E Base Bid + Alternate #1 Total $40,570.00 DiMsion F Base Bid Total $47,670.00 Division P Alternate #1 Total $3.280.00 Division F Base Bid + Alternate #1 Total $5Q,950.00 Division G Base Bid Total $21,765.00 Division H Base Bid'Fotal $23,021.00 Total Base Bid + Alternates: $119,826.00 SELGF, CONSTRUCTION CO. INC. 2833 South 11 s St. Niles, MI 49120 Bid was signed by: James Boyles Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Division E Base Bid Tonal $21,410.00 Division E Alternate 41 Total $10.111.20 Division E Base Bid + Alternate #1 Total $33.521,20 Division F Base Bid Total $46699.00 llivision. F Alternate #1 Total $4,144.00 Division F Base Rid + Alternate #1 Total $5Q243.00 Division G Base Bid Total $23,669.00 Division H Base Bid Totai $23,681.10 Division I Base Bid Total $42,517.65 Division I Alternate 41 Total _ $14,050.00 Division I Base Bid+Alternate #1 Total $56,56Z65 Total Base Bid + Alternates: $187,681.95 RIETH-RILEY CONSTRUCTION CO. INC. 25200 State Road 23 South Bend, IN 46614 Bid was signed by: Drew Snodderly Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted M Division E Base Bid Total $27,745.00 Division E Alternate #1 Total $10,736.00 Division E Base Bid + Alternate #1 'Total $38,481.00 Division F Base Bid Total $52,135.00 Division F Alternate #1 Total $4,160.00 Division F' Base Bid T Alternate #1 Total $56,295.00 Division G Base Bid Total $25,030.00 Division H Base Bid Total $26,441.00 Division I Base Bid Total $51,564.00 Division 1 Alternate #1 Total $21, 110.00 Division I Base Bid-- Alternate #1-Total $72,674.00 REGULAR MEETING NOVF.MBER 8,201 348 PREMIITM CONCRETE SERVICES, INC. 712 Richmond Elkhart, IN 46516 Bid was signed by: Becky Yeaky Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted PJT) Division E Base Bid Total $30,040.00 Division E Alternate #1 Total $14,520.00 Division E Base Bid + Alternate #1 'Total Division F Base Bid'I'otal $44,560.00 . $59,412.00 Division F Alternate 41 Total $4,200.00 Division F Base Bid + Alternate 91 Total $63,612.00 Division G Base Bid Total $32,559.00 Division H Base Bid Total $35,264.00 Division I Base Bid Total $51,194.00 -division lAltemate#1Total $19,510.00 Division I Base Bid + Alternate #1 Total $70,704.00 Total Base Bid + Alternates: $246,699.00 WALSH & KELLY, INC. 24359 State Road 23 Elkhart, IN 46614 Bid was signed by: Dustin Hilary Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5°/u) Bid Bond was submitted AID: Division E Base Bid'Tota1 $26,085.00 Division F Alternate 41 Total $17,600.00 Division E Base Bid + Alternate 41 Total 543,685.00 Division F Base Bid Total $48,670.00 Division F Alternate #1 Total $2,600,00 Division_F Base Bid Alternate 41 Total Division G Base Bid Total $51,270.00 $20,925.00 Division H Base Bid Total $25,310.00 Division I Base Bid Total $56,919.00 _ Division IAltemate#1Total $15,510.00 Division I Base Bid + Alternate #1 Total $72,329.00 Total Base Bid + Alternates: $213,519.00 7SOLKOWSKI CONSTRUCTION INC. 4050 Ralph Jones Drive South Bend, IN 46628 Bid was signed by: Bill Favors Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5°/u) Bid Bond was submitted 00 Division E Base Bid Total $21,780.00 Division EAlternate #1 Total $11 MAO Division E Base Bid + Alternate 41 Total $32,868.00 REGi7T.AR MEETING NOVEMBER 8,201 349 Division F Base Bid Total $32,915.00 Division F Alternate #1 Total $2,720.00 Division Base Bid+Alternate 41 Total $35,635 00 Division G Base Bid Total $14,586.00 Division H.Base Bid Total $14,959.00 Division I Base Bid Total $27,570.00 Division I Alternate #1 Total 59,790.00 Division I Base Bid + Alternate #1 Total $37,360.00 Total Base Bid + Alternates: $135,408.00 Upon a motion made by Ms. Maradik, seconded by Ms. Domu and carried, the above bids were referred to Engineering for review and recommendation. OPENING OF BIDS — 2016 PARKING GARAGE IMPROVEMENTS — PROJECT NO. 115- 143 (PARKING GARAGE FUND) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: GIBSON-LEWIS. LLC 1001 W. III, St. Mishawaka, IN 46544 Bid was signed by: Robert Lingenfelter Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted ED Base Bid Division A S269,920.00 Base Bid Division R S287,720.00 Base Bid Division C S285,3 t0.00 Base Bid Division D $277,450.00 Alternate #1 Division B Additional $12,300.00 Alternate #2 Division D Additional $12300.00 Alternate #3 Division A Deduct ($47,000.00) Alternate 44 Division B Deduct -Alternate ($47,500A0) #5 Division C Deduct ($48,500.00 Altemate #6 Division D Deduct ($47,500.00) Total Base Bid plus Alternates: $954,500,00 R. YODER CONSTRUCTION INC. PO Box 69 Nappanee, IN 46550 Bid was signed by: Kevin Yoder Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted Base Bid Division A $291,337A0 Base Bid Division B $315,622.00 Base Bid Division C $307,421.00 Base Bid Division D $313,133.00 Alternate 41 Division B Additional $0 AI#ernate #2 Division ll Additional $0 - REGULAR MEETING NOVEMBER 8, 2016 350 Alternate 93 Division A Deduct ($43,922.00) Alternate 44 Division B Deduct $43,250.00) Arna e #5 Division C Deduct ($45,228.00) Allteternate #6 Division ll lleduct $43,250.00 Total Base Bid plus Alternates: $1,227,513.00 ZIOLKOWSKI CONSTRUCTION, INC. 4050 Ralph Jones Drive South Bend, IN 46628 Bid was signed by: Bill Favors Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted Base Bid Division A $280,400,00 Base Bid Division B $289,100.00 Base Bid Division C $298,900.00 Base Bid Division D S285.800.00 Alternate #1 Division B Additional $7,000.00 Alternate 42 Division D Additional $7,000.00 Alternate #3 Division A Deduct (S42,000.00 Alternate 44 Division B Deduct ($42,000.00) Alternate 45 Division C Deduct ($43,000.00) Alternate 46 Division D Deduct ($41,000.00) Total Base Bid plus Alternates: $1,000,200.00 GRAND RIVER CONSTRUCTION, INC. 5025 40' Avenue Hudsonville, MI 49426 Bid was signed by: Rick Parcheta Non -Collusion Affidavit was in order Non -Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted Im Base Bid Division A $301,601.00 Base Bid Division B 1$318,309.00 Base Bid Division C $317,'.00 Base Bid Division D S312,794,00 Alternate 91 Division B Addtional $5,500.00 Alternate 92 Division D Additional $5,500.00 Alternate #3 Division A Deduct ($52,123.00) Alternate 94 Division B Deduct ($51,325.00) Alternate #5 Division C Deduct ($53,672.00 _ Alternate 46 Division D Deduct ($51,325.00) Total Base Bid plus Alternates: $1,250,634.00 Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the above bids were referred to Engineering for review and recommendation. OPENING OF QUOTATIONS —TWO (21 ALL TERRAIN VEHICLES (COMMUNITY INVESTMENT MISCELLANEOUS CHARGES AND SERVICES) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following quotation was opened and read: REGULAR MEETING NOVEMBER 8, 2016 351 NORTH CENTRAL INDIANA EQUIPMENT DBA YARD N GARD 919 E. Mishawaka Road Elkhart, IN 46517 Quotation was submitted by: Keegan Campbell QUOTATION: $21,910.88 Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the above quotation was referred to Central Services for review and recommendation. Mr. Gilot advised that Roger Nawrot, Engineering, Ias submitted Change Order No. 4 on behalf of the htdiana Department of Transportation c/o Lawson -Fisher Associates, 525 W. Washington St., South Bend, Indiana 46601, indicating the contract amount be increased by two -hundred, six (206) days for a new contract completion date of May 26, 2017 to allow for completion of the roundabout. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — 2016 CURB AND SIDEWALK CONSTRUCTION — PROJECT NO 116-029 (MNH) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Premium Concrete, 712 Richmond St., Elkhart, IN 46516, indicating the contract amount be increased by $13,104.50 for a modified contract sum, including this Change Order, in the amount of $419,726.70. Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the Change Order was approved. APPROVE AMENDED CHANGE ORDER NO. 3 — 2016 CURB AND SIDEWALK CONSTRUCTION —PROJECT NO 116-029 (MVH) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted amended Change Order No. 3 on behalf of Premium Concrete, 712 Richmond St., Elkhart, IN 46516, indicating the contract amount be decreased by $19,065.00 for a modified contract stun, including this Change Order, in the amount of $400,661.70. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 2 — IGNITION PARK IDENTITY STGNAGE — PROJECT N0. 115-103 (RWDA TIFF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Poblocki Sign Co., 922 S. 70' St., Milwaukee, WI 53214, indicating the contract amount be increased by $5,834.00 for a modified contract sum, including this Change Order, in the amount of $141,437.00. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 1 — FELLOWS ST AND DUBAIL ST NEIGHBORHOOD IMPROVEMENTS — PROJECT NO, 116-041 A (RWDA TIFI Mr. Gilot advised that Mr. Kevin Fink, Engineering, has submitted Change Order No. 1 on behalf of Airmarking Co., Inc, PO Box 526, Rochester, IN 46975, indicating the contract amount he increased by $3,820.00 and fourteen (14) days for a modified contract sum, including this Change Order, in the amount of $56,334.15 and a revised contract completion date of November 15, 2016. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVF. CHANGE ORDER NO. 5 — 2016 CURB AND SIDEWALK CONSTRUCTION PROJECT NO 116-029 (MVH) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 5 on behalf of Premium Concrete, 712 Richmond, Elkhart, IN 46516, indicating the contract amount be increased by $3,637.00 for a modified contract sum, including this Change Order, in the amount of $404,298.70. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. REGULARMEETING NOVEMBER8,2016 352 APPROVE CHANGE ORDER NO. 10 — IGNITION PARK INFRASTRUCTURE, PHASE 1C —PROJECT NO. 114-063A (RW DA TIE) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 10 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $29,350.00 for a modified contract sum, including this Change Order, in the amount of $4,248,811.91. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 6 — SOUTH BEND ONE-WAY TO TWO-WAY CONVERSION — PROJECT NO 116-001 A (SSDA'1'il' Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 6 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $910.00 for a modified contract sum, including this Change Order, in the amount of 53,436,856.57. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 8 — SOITTH BEND ONE-WAY TO TWO-WAY CONVERSION, DIVISION B —PROJECT NO. 116-001 (2015 TIE BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 8 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased. by $58,442.42 for a modified contract sum, including this Change Order, in the amount of $17,306,460.73. Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — LAFAYETTE FALLS SUBDIVISION PAVEMENT — PROJECT NO. 115-086 (LRSA) Mr. Gilot advised that Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, IN 46614, for the above referenced project, indicating a final cost of $260,694,00. Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — SALE OF CITY OWNED PROPERTY — 1047 LASALLE COURT, PARCEL 2 In a memorandum to the Board, Debrah Jennings, Community Investment, requested permission to advertise for the receipt of bids for the above referenced property. Therefore, upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the above request was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2016 MANHOLE AND SEWER LINING — PROJECT NO. 116-026 (UTILIT EXPENSE!CONTRACTUAL SERVICE) In a memorandum to the Board, Corbitt Ken, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR TIIE RECEIPT OF BIDS AND TITLE SHEF,T — FIRE. STATION NO. 4 — PROJECT NO. 116-066 Mr. Kevin Fink, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Attorney Dougherty stated the funding on this project has not yet been approved by the Redevelopment Commission. Therefore, upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the above request to advertise was approved subject to approval of funding, and the Title Sheet was approved and signed. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — HISTORICAL MARKER Al' 828 PARK AVENUE Mr. Gilot stated an application for a Revocable Permit has been received from Linda DeCiceo, for the purpose of allowing a 42 W' x 47" Indiana State Historical Marker recognizing the "Birthplace of Poet Kenneth Rexroth" to be placed in the tree lawn in Front of 828 Park Ave. The encroachment shall remain in the right of way until the time as the Board of Public Works of the City of South Bend shall determine that such. encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. Mr. Gilot noted Area Plan Commission recommended against such a large sign in the right-of-way unless associated with public safety; the Building Department stated the sign must not exceed four (4') in height above REGULAR MEETING NOVEMBER 8, 2016 353 grade and must stay ten (10') feet away from any driveway unless the sign is three (3') feet or less above grade. Engineering recommended the sign be oriented parallel with the street and sidewalk, and be centered in the tree lawn between the curb and sidewalk. The Board reviewed pictures of the proposed size of the marker and agreed that the size is very large for a. residential neighborhood, adding the picture depicts a sign in a business public area. Mr. Gilot questioned if the Historical Preservation Commission had reviewed the design. Ms. DeCicco, the applicant, stated she has been working with the Indiana Historical Bureau with the State of Indiana and they had reviewed the design. Mr. Gilot asked tier if there was a smaller option available. She stated she did not know. Mr. Gilot requested she work with the Historical Preservation Commission on a design more appropriate for a residential neighborhood. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Maradik and carried, the Revocable Permit was approved subject to the applicant working with the Historic Preservation Commission on a smaller size marker and subject to the requirements of the Building and Engineering Departments. ADOPT RESOLUTION NO 52-2016 -- A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION — 701 PORTAGE AVENUE Upon a motion made by Ms. Maradik, seconded by Ms. Dorau and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 52-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind. Code 36-9-6-3; and WHEREAS, the Board holds certain real property located in the City, comprised of a building and surrounding land, commonly known as 701 Portage Avenue and more particularly described in attached Exhibit A (the "Property"); and WHEREAS, the South Bend Redevelopment Commission, the governing body of the City of South Bend, Indiana, Department of Redevelopment (the "Commission"), exists and operates pursuant to Ind. Code 36-7-14 (the "Act"); and WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind. Code 36-1-11-8 for the purpose of making the Property available for re -use and redevelopment in accordance with the Commission's purposes and powers under the Act; and WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the Board's conveyance of the Property to the Commission and appointing a representative to accept and record the deed received from the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board approves the conveyance of the Property to the Commission 2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, are authorized and instructed to execute and attest, respectively, a quit claim deed in the form —. attached hereto as Exhibit B conveying all of the Board's Tight, title, and interest in the Property to the Commission. 3. The Board authorizes Member Elizabeth Maradik to act on behalf of the Board in delivering the quit claim deed to the Commission and executing any other document required to effect the Board's conveyance of the Property to the Commission. 4. This Resolution will be in full force and effect upon its adoption. REGULAR MEETING NOVEMBER 8, 2016 354 ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on November 8, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot sl Suzanna M. Fritzberg sl Elizabeth A. Maradik s/ Therese J..Doran ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 53-2016 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY QF SOUTH BEND INDIANA, RECOMMENDING THE REFUNDING OF THE CITY'S OUTSTANDING WATERWORKS REVENUE BONDS OF 2000 AND WATERWORKS REVENUE BONDS —OF2006, THE ISSUANCE AND SALE OF REVENUE BONES IO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND OTHER MATTERS IN RESPECT THERETO Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 53-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE REFUNDING OF THE CITY'S OUTSTANDING WATERWORKS REVENUE BONDS OF 2000 AND WATERWORKS REVENUE BONDS OF 2006, THE ISSUANCE AND SALE OF REVENUE BONDS TO PROVIDE FUNDS FOR THE PAYMENT THEREOF, AND OTHER MATTERS IN RESPECT — THERETO WHEREAS, the City of South Bend, Indiana (the "City") has heretofore established, constructed and financed a municipal waterworks (the "Waterworks") and now owns and operates said works, by and through its Board of Public Works (the `Board."), pursuant to I.C. 8- 1.5, as amended, and other applicable laws (together, the "Act"). WHEREAS, the Board has determined and desires to recommend to the Common Council of the City (the "Common Council") that it is beneficial to refund the City's outstanding Waterworks Revenue Bonds of 2000 (the "2000 Bonds") and the City's outstanding Waterworks Revenue Bonds of 2006 (the "2006 Bonds"), as more particularly described herein, to obtain a reduction in interest payments and effect a savings to the City (collectively, the "Refunding"). WHEREAS, the Board has determined, based on estimates of the costs of the Refunding Provided to the Board by the Waterworks and the City's financial advisor, H.J. Umbaugh & Associates (the "Financial Advisor"), that the costs of the Refunding, including the costs of the issuance of bonds on account of the financing of all or a portion thereof, will be in the estimated amount not to exceed Three Million Seven Hundred Twenty Thousand Dollars ($3,720,000). WHEREAS, the Board has determined that to provide funds necessary to pay for the costs of the Refunding, it will be necessary for the City to issue Waterworks revenue bonds in a principal amount not to exceed Three Million Seven Hundred Twenty Thousand Dollars — ($3,720,000). WIIEREAS, the City has previously issued bonds (the "Prior Bonds") payable from the net revenues of the Waterworks, all as described in the form of the 2016 Bond Ordinance (as defined below), pursuant to the Prior Ordinances (as defined in the 2016 Bond Ordinance). WHEREAS, the Board deems it advisable and recommends to the Common Council that the City issue revenue bonds payable from the revenues of the Waterworks in an original principal amount not to exceed Three Million Seven Hundred Twenty Thousand Dollars REOULARMEETING NOVEMBER8.2016 355 ($3,720,000) (the "2016 Bonds"), for the purpose of providing for the payment of (i) the Refunding, and (ii) the costs of issuing such 2016 Bonds. WHEREAS, the Prior Ordinances permit the issuance of additional bonds payable from the revenues of the Waterworks and ranking on a parity with the Prior Bonds for the purpose of financing the complete or partial refunding of any of the Prior Bonds, including the 2000 Bonds and 2006 Bonds, provided certain conditions can be met, and the Board has determined, based upon information provided to the Board by the Financial Advisor, that the finances of the Waterworks will enable the City to meet the conditions for the issuance of additional parity bonds and that, accordingly, the 2016 Bonds shall rank on a parity with the Prior Bonds. WHEREAS, the Board has reviewed the form of a bond ordinance to be adopted by the Common Council authorizing the City to issue and sell the 2016 Bonds for the purpose of financing the Refunding (the "2016 Bond Ordinance"), a copy of which is attached hereto as Exhibit A. and the Board has found the 2016 Bond Ordinance to be satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The Board hereby recommends to the Common Council that the Refunding be undertaken by the City and the Waterworks. Section 2. To provide funds necessary to pay for or reimburse the City for the costs of the Refunding, together with expenses incidental thereto, including expenses in connection with the issuance of the 2016 Bonds, the Board hereby approves and recommends to the Common Council the issuance by the City of Waterworks Revenue Bonds in a principal amount not to exceed Three Million Seven Hundred Twenty Thousand Dollars ($3,720,000). Section 3. The Board hereby approves the substantially final form of the 2016 Bond Ordinance presented to this meeting and recommends to the Common Council the adoption of such 2016 Bond Ordinance which sets forth the terms and conditions of the 2016 Bonds to be issued thereunder. Section 4. 'the Board hereby ratifies the actions taken to file the 2016 Bond Ordinance with the Clerk of the City ("City Clerk") for presentation to the Common Council, and the Clerk of the Board is hereby directed to present a copy of this Resolution to the City Clerk fbr presentation to the Common Council for its consideration, as soon as may be done, thereby requesting the issuance of the 2016 Bonds. Section 5. This Resolution shall be in full force and effect from and after its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on November 8, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Suzann M. Fritzberg s/ Elizabeth A. Maradik s/ Therese J. Dorau ATTEST: s/Linda M. Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Professional Network SMARTnet Renewal for Fund in $229,961.79; Second Maradik/Domu Services Solutions, Inc. Three (3) Year Maintenance $76,653.93 Per REGULAR. MEETING NOVEMBER 8, 2016 356 Agreement Contract to Cover All Year, Paid Critical Cisco Routers, Annually Switches, ASA (Firewalls), (IT Operating) Wireless Controllers and VoIP Subscriptions/Licenses Professional Data Realty Data Center Space to Co- $705.00/Month, Maradik/Dorau Services Northern Locate Server, Storage and Plus a One Agreement Indiana, LLC Network Cabinets Time Charge of $2,020.00 (IT Operating & Professional Services) Amendment Dale Third Amendment to N/A Maradik/Dorau to Clingerman Independent Contractor Agreement Agreement for One -Way to Two -Way Inspection Services to Extend the Term from October 29, 2016 to November 30, 2016 Contract H. J. Municipal Advisory $35,500.00 Maradik/Dorau Umbaugh & Services with Respect to the Articles I to IV Associates 2016 Waterworks Bond (2016 Refunding Waterworks Bond Refunding Proceeds) Professional Lawson- Inspect Existing Conditions Not to Exceed Maradik/Dorau Services Fisher and Prepare Construction $19,600.00 Agreement Associates Drawings for the Repair of (Professional the Radial Gate and the Services; Stoplogs at the West Race Hotel/Motel of the South Bend Dam Tax) Professional Arcadis U.S., North Station Well No. 1 $66,070 Maradik/Dorau Services Inc. Replacement Design (WatcT Works Agreement Construction Engineering) Special South Bend Police Department to $27,000; Maradik/Dorau Purchase Police Purchase Undercover Drug $34,000 minus Department Vehicle pursuant to IC 5- $7,000 Trade In 22-10-9 Value (Police Vehicle Lease) Professional Troyer Group, Lincoln Primary Ccntcr $96,084.00; Maradik/Dorau Services Inc. Safe Routes to School 80/20 Match Agreement Construction Inspection with INDOT Services (LRSA) Professional Abonmarche Perley Primary Center Safe $86.200.00; Maradik/Dorau Services Consultants, Routes to School 80/20 Match Agreement Inc. Construction Inspection with INDOT Services DA TIF) Professional Jones Petrie Revised Surveying Services $4,510.00 Maradik/Dorau Services Rafinski for Lagoon No. 4 at the (Wastewater Agreement Organic Resources Facility O&M) on Old Cleveland Road Agreement University of Temporary Access N/A Doxatt/Fritzberg Notre Dame Agreement for Notre Dame Mr. Gilot du Lac to Perform Soil Borings for Abstained the Notre Dame Hydro Project at Seitz Park Policy City of South Update the Sewer Insurance N/A Maradik/Dorau Bend Contractor Rate Schedule REGULAR MEETING NOVEMBER 8. 2016 357 and Make Minor Revisions to the Sewer Insurance Policy Professional Christopher South Bend Dam Capital NTE $45,000 Dorau/Fritzberg Services B. Burke Planning (RWDA) Mr. Gilot Agreement Engineering, Abstained; LLC Subject to Funding Approval by the Redevelopment _ Commission APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license annlicatirmc ,.,P,P Applicant Description Date/Time Location Motion Kite Realty Non -Residential December 3, Carried Eddy Street from Maradik/Domu Group Block Party — 2016; 6:00 a.m. Napoleon Street to Santa to 2:00 p.m. Angela Blvd. Breakfast/Holiday Hap enin Event UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE 2vd FA ST/WEST ALLEY NORTH OF NORTHSIDE EAST OF NORTH/SOUTH ALLEY BETWEEN PARRY ST. AND FRANCIS ST. Mr. Gilot indicated that Denise Clark, 519 Parry, South Bend, IN, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Fire Department and Community Investment. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerting this Vacation Petition from the Police Department, Area Plan and Engineering. Area Plan stated access to the petitioner's garage would be more difficult since it faces the alley proposed to be vacated and the drive may have to be reoriented to access the alley to the West. Police stated there has been no documentation of any reckless driving in this alley which is the foundation for the request. Engineering stated the house on the south side of the alley has a garage which currently relies on access from the alley; there is a sewer line running down the alley and the City must be able to access the sewer for maintenance; and the vacation of this alley would create a tight'f-intersection and chamfers would be recommended to prevent turning vehicles from driving across private property. Therefore, Ms. Maradik made a motion giving an unfavorable recommendation of the request for vacation. Ms. Doran seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 1318 N Huey St. REMARKS: All criteria has been met APPROVE RENEWAL OF WASTEWATER DISCIIARGE PERMIT In a Memorandum to the Board, Ms, Kim Thompson, Division of Environmental Services, submitted the following Wastewater Discharge Permit renewal application and recommended approval: Honeywell International, Inc., 3520 Westmoor St. There being no further discussion, upon a motion made by Ms. Maradik, seconded by Ms. Doran and carried, the renewal of the permit was approved. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Ms. Donna Hanson, Division of Engniming, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: REGULAR MEETING NOVEMBER 8. 2016 358 Business Bond Type e 7P Approved/ Released Effective Date Thomas Lano dba Kingdom Caretaker Contractor Approved October 28. 2016 B&B Equipment, Inc. Excavation Approved October 25, 2016 S rim view Excavating, LLC Excavation A roved September 23, 2016 Ms. Maradik made a motion that the bonds approval as outlined above be ratified. Ms. Dorau seconded the motion, which carried. APPROVE CLAIMS Ms. Dorau stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend _ $2,574,463.10 11/08/16 City of South Bend $6,929.66 11/02/16 Cit , of South Bend $1,844,322.28 10/31/16 City of South Bend $5,136,979.38 11/04/16 PNC E ui ment Finance. LLC $149,892.00 11/02/16 Banc of America Public Capital Corp. $10,282.00 11/02/16 U.S. Bank National Association $17,775.00 11/02/16 PNC Equipment Finance, LLC S979,420.65 11/02/16 U.S. Bank National Assoc./Smart Streets Bond; Requisition No. 49 $2,356,541.49 _ 11/04/16 U.S. Bank National Assoc./Smart Streets Bond; Requisition No. 5 0 $56,461.97 11/04/16 1" Source Bank; Bank Debits _ $2,735.31 11/07/16 Therefore, Ms. Maradik made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Doran seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Maradik and carried, the meeting adjourned at 10:20 a.m. BOARD }�OFF PUBLIC WORKS Gary A. Gilot, President 4Suza��l- /4 , Fxitzberg, Membc' Elizabeth A. Maradik, Member James A. Mueller, ember Therese J. orau, e r ATTEST: 4idaM.Martin, C erk