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Home My WebLink About08282018 Board of Public Works MeetingAGENDA REVIEW SESSION AUGUST 23, 2018 252 contractor located the collapsed pipe yesterday and repaired it. He added once the final report is received, there will be an amendment to the agreement. - Opening of Quotations — J.C. Lauber Site Utilities Mr. Kyle Silveus, Engineering, requested this quote opening be removed from the agenda due to the quotes not being ready to be sent out yet. Mr. Eric Horvath, Director of Public Works, stated this shouldn't be quoted separately from the Site Improvements bid, this should all be included in one bid package. Mr. Silveus noted it was done separately for expediting the utility work. Mr. Horvath requested he check with Legal on whether these could be bid separately. - Opening of Quotations — JMS Building: Parking Lot Improvements Mr. Silveus stated these parking lot improvements entail some fencing and asphalt patching. Mr. Mueller asked if this includes landscaping. Mr. Silveus stated it does not. Mr. Gilot asked if anybody from planning was included in the fence design. Attorney DeRose noted the JMC Building is historic so they will need to get approval from the Historical Commission on the fence design. She noted if they are replacing like for like fencing, it's a simpler process. No other business came before the Board. The meeting adjourned at 11:15 a.m. BOARD OF PUBLIC, WORKS ary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, M tuber Suzanna M. Ftitzberg;'Member James A. Mueller, Member ATTEST: Lifida M. Martin, Clerk REGULAR MEETING AUGUST 28, 2018 The Regular Meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, August 28, 2018, by Board President Gary A. Gilot, with Board Members Therese Dorau and James Mueller present. Board members Elizabeth Maradik and Suzanna Fritzberg were absent. Board of Public Works Clerk, Linda M. Martin, was also absent. Lizzy Horvath acted for Linda Martin in her absence. Also present was Board Attorney Clara McDaniels. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on August 9, August 14, and August 21, 2018, were approved. OPENING OF BIDS — HOWARD PARK REDEVELOPMENT — PROJECT NO. 117-047B (PARK BOND, RETIF, REGIONAL CITIES & CUMULATIVE CAPITAL) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found to be sufficient. The following bids were opened and publicly read: GIBSON-LEWIS, LLC 1001 W. 11 th Street Mishawaka, IN 46544 Bid was signed by: Robert Lingenfelter REGULAR MEETING AUGUST 28, 2018 253 Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted I: 6 Total Base Bid No. 1 $17,341,000 Total Base Bid No. 2 $2,185,000 Total Base Bid No. 3 $1,231,000 Total Amount Base Bid Nos. 1, 2, 3 1 $20,757,000 ZIOLKOWSKI CONSTRUCTION, INC. 4050 Ralph Jones Drive South Bend, IN 46628 Bid was signed by: Bill Favors Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted 1: Total Base Bid No. 1 $15,891,800 Total Base Bid No. 2 $2,260,280 Total Base Bid No. 3 $1,201,000 Total Amount Base Bid Nos. 1, 2, 3 $19,353,080 LARSON DANIELSON CONSTRUCTION CO., INC. 302 Tyler Street LaPorte, IN 46350 Bid was signed by: Timothy Larson Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted n Total Base Bid No. 1 $15,418,307 Total Base Bid No. 2 $2,267,000 Total Base Bid No. 3 $1,134,000 Total Amount Base Bid Nos. 1, 2, 3 $18,819,307.00 Ms. McDaniels noted the bid for Larson Danielson Construction Company, Inc. was whited out and edited with new amounts. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above bids were referred to Engineering and Venues, Parks and Arts for review and recommendation. OPENING OF BIDS — ST. JOSEPH STREETSCAPE IMPROVEMENTS — PROJECT NO. 118-008 (SSFA TIF) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found to be sufficient. The following bids were opened and publicly read: WALSH & KELLY, INC. 24358 SR 23 South Bend, IN 46614 Bid was signed by: John Peisker Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted BASE BID TOTAL: $423,000.00 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 1 F REGULAR MEETING AUGUST 28, 2018 254 Bid was signed by: Joshua McCormick Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted BASE BID TOTAL: $441,530.00 Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above bids were referred to Engineering for review and recommendation. OPENING OF BIDS — VENUES PARKS AND ARTS MAINTENANCE STORAGE BUILDING — PROJECT NO. 118-046R (PARK BOND SERIES I) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found to be sufficient. The following bids were opened and publicly read: BROWN & BROWN GENERAL CONTRACTORS, INC 124 S. Elkhart Street, PO Box 487 Wakarusa, IN 46573 Bid was signed by: Eric Brown Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted M Base Bid Total $313,250.00 Alternate #1 Each $1,116.00 Alternate #2 Total $2,785.00 Alternate #3 Total $15,347.00 Total Bid $334,730.00 THE ROBERT HENRY CORPORATION 404 S. Frances South Bend, IN 46617 Bid was signed by: Stephen Henry Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted M Base Bid Total $299,364.00 Alternate #1 Each $4,421.00 Alternate #2 Total $2,695.00 Alternate #3 Total $14,852.00 Total Bid $321,332.00 R. YODER CONSTRUCTION, INC. PO Box 69 Nappanee, IN 46550 Bid was signed by: Randall Yoder Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid Total $424,389.00 Alternate #1 Each $1,500.00 Alternate #2 Total $3,060.00 Alternate 43 Total $16,870.00 Total Bid $445,819.00 REGULAR MEETING AUGUST 28, 2018 255 Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above bids were referred to Engineering and Venues, Parks and Arts for review and recommendation. OPENING OF BIDS — ONE (1) OR MORE, 2018 OR NEWER EMERGENCY MEDICAL VEHICLE — SPEC S (FIRE DEPARTMENT) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found to be sufficient. The following bids were opened and publicly read: FIRE SERVICE, INC. 9545 Industrial Drive North St. John, IN 46373 Bid was signed by: Jack Emshwiller Non -Collusion, Non -Discrimination Affidavit Form was completed Ten percent (10%) Bid Bond was submitted M Description Year/Make/Model I Unit Price Ambulance 2020 Wheeled Coach 9170/FL-M2 1 $265,000 Year Make/Model — Trade In Unit Price N/A Alternate Description Cost Total 1 Liquid Spring $10,490.00 $10,490.00 HORTON EMERGENCY VEHICLES 38 McDowell Road Grove City, OH 43123 Bid was signed by: Robert Burgh Non -Collusion, Non -Discrimination Affidavit Form was completed Ten percent (10%) Bid Bond was submitted o Description Year/Make/Model Unit Price Ambulance 2019 Horton Ambulance 603 1 $259,760.00 CROSSROADS AMBULANCE SALES & SERVICE, LLC 52886 State Road 13 Middlebury, IN 46540 Bid was signed by: Dean Martin Non -Collusion, Non -Discrimination Affidavit Form was completed Ten percent (10%) Bid Bond was submitted Indiana Local Business Preference Claim Form submitted M8.8 Description Year/Make/Model Unit Price Spec S Emergency Medical Vehicle 2019 International MV/PL Custom Titan Amb. $267,995.00 Alternate Description Cost Total 1 Liquid Spring $10,475.00 1 $278,470.00 Option # Description Cost Total (2) 2020 Freightliner $267,701.00 $267,701.00 M2/PL Custom Titan 170 r L REGULAR MEETING AUGUST 28, 2018 256 Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above bids were referred to Central Services for review and recommendation. OPENING OF QUOTATIONS — CHARLES BLACK MONUMENT SIGN (2015 PARK BOND Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotations were opened and read: U.S. SIGNCRAFTERS INC. 216 Lincolnway East Osceola, IN 46561 Quotation was submitted by Steven Tucker Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $39,725 BURKHART SIGN SYSTEMS 1247 Mishawaka Ave. South Bend, IN 46615 Quotation was submitted by Richard Johnson Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $39,600 Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above quotations were referred to Venues, Parks and Arts for review and recommendation. OPENING OF QUOTATIONS — JMS BUILDING: PARKING LOT IMPROVEMENTS — PROJECT NO. 118-003 (RWDA TIF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. Mr. Gilot stated no quotations were received. AWARD BID AND APPROVE PURCHASE AGREEMENT — SALE OF CITY OWNED PROPERTY —18 VAC. 3 LASALLE COURT Mr. Andrew Netter, Community Investment, advised the Board that on August 14, 2018, bids were received and opened for the above referenced property. After reviewing those bids, Mr. Netter recommended that the Board award the property to the sole, responsive bidder, Robert Vernon, 1059 LaSalle Ct., South Bend, IN 46616, in the amount of $225.00 plus advertising and legal fees. Also presented at this time was the Purchase Agreement for this property. Therefore, Ms. Dorau made a motion that the recommendation be accepted and the bid be awarded as outlined above and the Purchase Agreement be approved. Mr. Mueller seconded the motion, which carried. AWARD BID — ERSKINE CLUBHOUSE RENOVATION — PROJECT NO 116-108 (SSDA TF Mr. Kyle Silveus, Engineering, advised the Board that on August 14, 2018, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Silveus recommended that the Board award the contract to the lowest responsive and responsible bidder Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, IN 46628 in the amount of $907,000 for the Base Bid Only. Therefore, Mr. Mueller made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Dorau seconded the motion, which carried. AWARD QUOTATION — CENTURY CENTER RECITAL HALL CARPET (HOTEL/MOTEL TAXI Mr. Patrick Sherman, Venues, Parks, and Arts, advised the Board that on August 14, 2018, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Sherman recommended that the Board award the contract to the lowest responsive and responsible bidder, Carpet Service Outlet, Inc., 1514 Mishawaka Avenue, South Bend, IN 46615, in the amount of $15,886. Therefore, Ms. Dorau made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Mueller seconded the motion, which carried. REGULAR MEETING AUGUST 28, 2018 257 AWARD QUOTATION — ANGELA BRIDGE LIGHTING — PROJECT NO. 116-111 (COIT) Ms. Alicia Czarnecki, Engineering, advised the Board that on August 14, 2018, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Czarnecki recommended that the Board award the contract to the lowest responsive and responsible bidder, Martell Electric, LLC, 4601 Cleveland Road, South Bend, IN 46628, in the amount of $49,022. Therefore, Ms. Dorau made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Mueller seconded the motion, which carried. APPROVE CHANGE ORDER NO. 3 — IRONWOOD DRIVE PAVEMENT REHABILITATION AND INTERSECTION — PROJECT NO. 117-071 A (LOCAL ROAD AND BRIDGE GRANT) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of C&E Excavating, Inc., 53767 County Road 9, Elkhart, IN 46514, indicating the contract completion date be extended by thirty-two (32) days, for a new contract completion date of September 25, 2018. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — TUCKER DRIVE — PROJECT NO. 116-118A (RWDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $25,230.91 for a new contract sum, including this Change Order, in the amount of $309,203.68. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — RUM VILLAGE DOG PARK CONSTRUCTION (2015 PARK BOND) Mr. Gilot advised that Mr. Patrick Sherman, Venues, Parks, and Arts, has submitted Change Order No. 1 on behalf of R. Yoder Construction, Inc., 27453 CR 150, Nappanee, IN 46550, indicating the contract amount be increased by $9,775 for a new contract sum, including this Change Order, in the amount of $130,180. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — CITY CEMETERY PATH RESURFACING (COIT) Mr. Gilot advised that Mr. Patrick Sherman, Venues, Parks and Arts, has submitted Change Order No. 1 on behalf of Acorn Landscaping LLC, 3680 W. Sample Street, -South Bend, IN 46619, indicating the contract amount be increased by $3,000 for a new contract sum, including this Change Order, in the amount of $49,830. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 — DOWNTOWN CROSS STREET IMPROVEMENTS — PROJECT NO. 117-041 A (RWDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $25,250.62 and an additional eight (8) days, for a new contract sum, including this Change Order, in the amount of $1,697,189.22 and a new project completion date of November 3, 2018. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — MORRIS PERFORMING ARTS CENTER MARQUEE DISPLAY INSTALLATION — PROJECT NO. 117-070A (MORRIS CAPITAL IMPROVEMENT FUND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Burkhart Sign Systems, LLC, 1247 Mishawaka Avenue, South Bend, IN 46615, for the above referenced project, indicating a final cost of $34,600. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — WEST RACE EMERGENCY REPAIRS — PROJECT NO. 115-115 (HOTEL/MOTEL TAX) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of HRP Construction Co., 5777 Cleveland Road, South Bend, IN 46628, for REGULAR MEETING AUGUST 28, 2018 258 the above referenced project, indicating a final cost of $93,250. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — GREAT LAKES CAPITAL SPEC BUILDING — PROJECT NO. 118-058 (RWDA TIF In a memorandum to the Board, Ms. Kara Boyles, 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. Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE, 2018 OR NEWER, 50 TON PAVER SPECIAL TRAILER — SPEC V (STREET DEPARTMENT CAPITAL LEASE) In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1)0 MORE, 2018 OR NEWER, 3/4 TON EXTENDED CAB TWO (2) WHEEL DRIVE PICK UP TRUCKS — SPEC W (WATER WORKS CAPITAL) In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE, 2018 OR NEWER, COMPACT TRACK LOADER — SPEC U (STREET DEPARTMENT) In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — J.C. LAUBER SITE IMPROVEMENTS — PROJECT NO. 118-083B (REDA TIF) In a memorandum to the Board, Mr. Kyle Silveus, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — THREE TWENTY CASCADES — PROJECT NOS. 118-074A, 118-074B, AND 118-074C (REDA TIF) In a memorandum to the Board, Ms. Sue Ellen Doudrick, Engineering, requested permission to advertise for the receipt of bids for the below referenced projects: 1. Glazing Assemblies — Project No. 118-074A 2. Exterior Insulation and Finish System — Project No. I I8-074B 3. Wall Panel System — Project No. I I8-074C Therefore, upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the above request was approved. ADOPT RESOLUTION NO. 41-2018 — A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.41-2018 A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: REGULAR MEETING AUGUST 28, 2018 259 Two (2), 2012 Chevrolet Colorado's WHEREAS, pursuant to Indiana Code § 36-9-6-1 et. seq., the Board of Public Works ("Board") has the duty and authority to have custody, control, use, and to dispose of all real and personal property owned by the City of South Bend, Indiana; and WHEREAS, the City, acting by and through the Board, desires to dispose of the personal property that is more particularly described at Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, in accordance with Indiana Code § 5-22-22-4, the Board may engage an auctioneer to conduct a public auction in order to dispose of the City's surplus personal property if the property to be sold is one (1) item with an estimated total value of $1,000 or more, or is more than one (1) item with an estimated value of $5,000 or less; and WHEREAS, the Board has determined that the Property has an estimated value of less than $5,000,and the Board has further determined that the property is unfit for the purpose for which it was intended, and is no longer needed by the City of South Bend; and NOW, THEREFORE, the Board of Public Works of the City of South Bend hereby finds that the Property listed at Exhibit "A" is no longer needed by the City; the Property is unfit for the purpose for which it was intended, and has an estimated value of $5,000 or less. BE IT RESOLVED that the Property may be transferred or sold at public auction. However, if the Property is deemed to be worthless, such Property may be demolished or junked. ADOPTED the 281" day of AUGUST, 2018. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Therese J. Dorau s/ James A. Mueller ATTEST: s/Lizzy Horvath, Acting Clerk ADOPT RESOLUTION NO. 42-2018 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND CONSENTING TO THE ASSIGNMENT OF THE SOUTH BEND FIRE DEPARTMENT 2018 SERVICE AGREEMENT Upon a motion made by Ms. Dorau, seconded by Mr. Mueller and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.42-2018 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND CONSENTING TO THE ASSIGMENT OF THE SOUTH BEND FIRE DEPARTMENT 2018 SERVICE AGREEMENT WHEREAS, on June 26, 2018, the Board of Public Works of the City of South Bend (the "Board") and Public Safety Health Systems, Inc. d/b/a Public Safety Medical ("PSM") agreed to that certain South Bend Fire Department 2018 Service Agreement (the "Agreement") for PSM's provision of medical services to the South Bend Fire Department (the "Department") in 2018- 2019; and WHEREAS, PSM has entered into an asset purchase agreement with St. Vincent Health, Wellness, and Preventive Care Institute, Inc. ("St. Vincent"), and has requested that the Board, acting on behalf of the Department, consent to the assignment of the Agreement to St. Vincent; and WHEREAS, PSM has provided certain written assurances to the Department, as memorialized in a letter to the Department dated August 6, 2018 (the "August Letter"), a copy of which is attached to this Resolution No. 42-2018, regarding PSM's (and St. Vincent's) continued 1 i 1 REGULAR MEETING AUGUST 28, 2018 260 1 �I adherence to the terms of the Agreement following the assignment of the Agreement to St. Vincent, including as follows: "The institute will continue to perform the Agreement upon the same terms and conditions as currently provided in the Agreement. No terms of the Agreement will change as a result of the Transaction or this consent, other than public Safety Medical will be replaced with the Institute as the other party"; and WHEREAS, the Board desires to continue receiving the services performed by PSM, has been informed that the Department harbors no reservations regarding the assignment of the Agreement to St. Vincent, and is willing to consent to the one-time assignment of the Agreement while expressly reserving the right to withhold its consent to any further assignment of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board consents to the assignment of the Agreement from PSM to St. Vincent. 2. The Board's consent to this one-time assignment of the Agreement is not and shall not be deemed to be a waiver of the Board's right to withhold or deny its consent to any subsequent assignment of the Agreement, should such action be proposed to or requested of the Board. 3. Fire Chief Stephen Cox, or his duly authorized designee, is authorized and instructed to execute the acknowledgement contained on Page 2 of the August Letter. 4. This Resolution will be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on August 28, 2018, 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/ Therese J. Dorau s/ James A. Mueller ATTEST: s/Lizzy Horvath, Acting 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/ Funding Second Statement of Canon Solutions No Cost Upgrade to uniFlow Dorau/Mueller Work America Agreement from Corporate Licensing to Enterprise Licensing Unified Canon Solutions Addition of Six (6) Printers $334/Month Dorau/Mueller Lease America to QPA Unified Lease for Sixty (60) Agreement Months; Total $20,400 (IT Lease) State QPA Dell, Inc. Three (3) Year Enterprise $284,786.16/ Dorau/Mueller Enterprise Agreement for Microsoft Year License Licensing (IT Agreement Operating) Contract Life Treatment Subsidize Costs Associated $32,608 Mueller/Dorau Centers, Inc. with Operating an (ESG) Emergency Shelter for Homeless Individuals REGULAR MEETING AUGUST 28, 2018 261 Contract South Bend Rehabilitate Rental Unit at $165,000 Dorau/Mueller Heritage 307 Chapin Street for Lease (CDBG) Foundation to Low -Moderate Income Tenant Contract South Bend Subsidize Staff Costs for $100,000 Dorau/Mueller Heritage Operating Affordable (CDBG) Foundation, Inc. Housing Programs Contract South Bend Acquire and Rehabilitate 220 $165,000 Dorau/Mueller Heritage Seebirt Place for Resale to (CDBG) Foundation, Inc. Low -Moderate Income Household Contract South Bend Acquire and Rehabilitate $165,000 Dorau/Mueller Heritage 1122 W. Jefferson for Resale (CDBG) Foundation, Inc. to Low -Moderate Income Household Contract Near Northwest Subsidize Staff Costs $80,000 Dorau/Mueller Neighborhood, Associated with Operating (CDBG) Inc. CDBG Funded Housing Program Contract Department of Subsidize Staff Costs for $5,000 TABLED Community Performing Historic Reviews (CDBG) Mueller/Dorau Investment for Federally Funded Projects Contract Department of Provide Necessary Home $200,000 TABLED Community Repairs for Low -Moderate (CDBG) Dorau/Mueller Investment Income Owners Contract AIDS Subsidize Costs of Providing $21,000 Dorau/Mueller Ministries/AIDS Emergency Shelter and (ESG) Assist of North Rental Assistance for AIDS Indiana, Inc. Ministries Clients Contract Department of Subsidize DCI Staff Costs $3,945 TABLED Community for Administering (ESG) Mueller/Dorau Investment Emergency Solutions Grant Professional Fifth Third Underwriter Services for NTE Mueller/Dorau Services Securities, Inc. Preparation and Negotiated $3.37/Per Agreement Sale of Tax -Exempt Thousand of 501(c)(3) Qualified Bonds in Par Amount; Support of Zoo Capital Estimated Projects Total $14,575.25 (Bond Proceeds) Professional zedIT Solutions Augment Internal IT $10,000; Dorau/Mueller Services Resources for Accela Eighty (80) Agreement Support and Development Hours at $125/Hour (IT Professional Services) State QPA Network Hardware, SmartNet, and $13,377.83 Dorau/Mueller Agreement Solutions Professional Services for (Innovation Incorporated Charles Black Center and Technologies Supplies Account) Amendment EPOCH Venues, Parks, and Arts $16,750; Dorau/Mueller to Architecture Restroom Remodeling New Total Professional Design Services $62 200 Services (Parks Bond Agreement 1) Professional Arcadis U.S., Design for Rehabilitation of NTE $53,150 Dorau/Mueller Services Inc. Raw Sewage Pump No. 2 (Utilities, 1 1 REGULAR MEETING AUGUST 28, 2018 262 Ll 1 1 Agreement Sewage Works/ Wastewater Engineering) Professional DLZ Indiana, Century Center Floor Slab NTE $11,500 Mueller/Dorau Services LLC Repair Design (Liability Agreement I I Insurance) APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for annroval Applicant Description Date/Time Location/Comments Motion Carried Fremont Youth Residential August 19, Fremont St. from W. RATIFIED Foundation Block Party — 2018; 12:00 Hamilton St. to Dorau/Mueller Fremont Park p.m. to 8:00 Marquette Blvd. Stop the p.m. Violence Back to School Event Near Northwest Residential September 30, California Ave. from Dorau/Mueller Neighborhood, Block Party — 2018; 8:00 a.m. Sherman Ave. to Inc. NNN Arts Cafe to 5:00 p.m. Portage Ave. Morris Non -Residential September 9, Jon Hunt Plaza; Dorau/Mueller Performing Block Party — 2018; 5:30 p.m. Michigan St. from MLK Arts Center Ringo Starr to 9:00 p.m. Jr. Dr. to Colfax Ave. Concert & and September Modest Mouse 24, 2018; 5:30 Concert P.M. to 9:00 p.m. Kite Realty Non -Residential September 7, Eddy St. from Angela Dorau/Mueller Group Block Party — 2018; 10:00 Blvd. to Napoleon St. Kite Realty Notre Dame a.m. to 7:00 Supplied List Pep Rally p.m. of Security September 28, Guards for 2018; 10:00 SBPD a.m. to 7:00 p.m. South Bend Non -Residential September 22, South Eddy St. from Dorau/Mueller Farmers Market Block Party — 2018; 10:00 East Sample St. to Dead Cars & Craft a.m. to 3:00 End Brews p.m. Nom Nom Pho Sidewalk Cafe Tuesday to 211 N. Main St. subject Dorau/Mueller Asian Kitchen Thursday, to 2' Clearance from 11:00 a.m. to Brick Ribbon 9:00 p.m.; Friday, 11:00 a.m. to 10:00 p.m.; Saturday, 11:00 a.m. to 9:30 p.m.; Sunday, 11:30 a.m. to 8:00 p.m. FAVORABLE RECOMMENDATION - PETITION TO VACATE SAMPSON STREET BETWEEN RANDOLPH STREET AND EAST/WEST ALLEY Mr. Gilot indicated that Mr. Patrick Sherman, Venues, Parks, and Arts, has submitted a request to vacate the above referenced street. Mr. Gilot advised the Board is in receipt of recommendations concerning this Vacation Petition, which was previously tabled, from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Streets, Community Investment and Engineering. The Street Department and Engineering revised their previous REGULAR MEETING AUGUST 28, 2018 263 unfavorable recommendations to favorable after meeting with Venues, Parks and Arts staff and agreeing to work together on the design of the closure. Therefore, all comments indicate, per IC 36-7-3-13, the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Gilot made a motion recommending approval of the request for vacation. Ms. Dorau seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of the following Consent to Annexation and Waiver of Right to Remonstrate. The Consent indicates that in consideration for permission to tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service to the below referenced property, the applicant waives and releases any and all rights to remonstrate against or oppose any pending or future annexations of the properties by the City of South Bend: A. Allen Edwin Homes, 2186 E. Centre Avenue, Portage, MI 49002 1. 51759 Hannigan Drive — Water/Sewer (Key No. 002-1004-008052) Upon a motion by Ms. Dorau, seconded by Mr. Mueller and carried, the Consent to Annexation and Waiver of Right to Remonstrate was approved as submitted. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR EXCAVATION AND OCCUPANCY BONDS Ms. Donna Hanson, Division of Engineering, recommended that the following bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: Business Bond Type Approved/ Released Effective Date Ray Koch Contractor Approved August 10, 2018 CK Concrete Construction LLC Contractor Approved August 15, 2018 CBM, LLC Excavation Approved August 7, 2018 K&R Tree Service, LLC Excavation Approved August 14, 2018 Ben Martin Excavation Released June 20, 2018 CBM, LLC Occupancy Approved August 7, 2018 Wright Tree Service, Inc. Occupancy Approved July 17, 2018 Ms. Dorau made a motion that the bond's approval and/or release as outlined above be ratified. Mr. Mueller seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot 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 Date Claim City of South Bend $1,260,544.88 08/28/2018 U.S. Bank National Association - Lehman & Lehman — Rum $725.36 08/22/2018 Village Dog Park U.S. Bank National Association — Jones Petrie Rafinski — $6,035.05 08/24/2018 Charles Black Center Design Therefore, Mr. Mueller made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Dorau seconded the motion, which carried. PRIVILEGE OF THE FLOOR Shannon from Ziolkowski Construction requested to see the Howard Park Redevelopment bid documents from Larson Danielson Construction Company that were whited out. Mr. Gilot and 1 I REGULAR MEETING AUGUST 28, 2018 264 Mr. Michael Schmidt, Administration and Finance, gave her the bid to view and advised her she could not have a copy, but could view the public record online later as well. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Mueller, seconded by Ms. Dorau and carried, the meeting adjourned at 10:23 a.m. BOARD OF PUBLIC WORKS 4k-t-, Gary A. Gilot, Pres'dent Elizabeth A. Maradik, Member Therese J. Dorau, Mem er S u z a n n a- ritAerg, 6 Acrm—ber James A. Mueller, Member ATTEST: C�IindaM.�Man, lerk 1