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Home My WebLink About05/26/2015 Board of Public Works MeetingAGENDA REVIEW SESSION MAY 21, 2015 162 request to have her party beyond the 8:00 limit for block parties would not be a problem, noting she would need to follow the noise ordinance which allows noise until 1 I:00 p.m. at the latest. Traffic Restriction - One (1) Four (4) Hour Handicapped Parking Sign — Colfax Ave. and Michigan St. Ms. Roos questioned why this four (4) hour limit sign was being requested. Ms. Martin explained this request is to allow enough time for handicapped parking for shows at the Morris Performing Arts Center. No other business came before the Board. Upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 11:52 a.m. BOARD OF PUBLIC WORKS ZL<n,l Gary A. Gilot, President David P. Relos, Member ATTEST: 41d(a M. Martin, C erk REGULAR MEETING MAY 26, 2015 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on May 26, 2015, by Board President Gary A. Gilot; with Board Members David Relos, Kathryn E. Roos, and Elizabeth Mamdik present. Board Member Brian Pawlowski joined the meeting in progress at 9:38 a.m. Also present was Board Attorney Michael Schmidt. ADDITION TO THE AGNEDA Mr. Gilot noted the addition to the agenda of Resolution No, 24-2015. APPROVE MINUTES OF PREVIOUS MEETIN Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on May 7, 2015, May 12, 2015, and May 19, 2015, were approved. PUBLIC HEARING — NEW MASSAGE ESTABLISHMENT LICENSE TOP ORIENTAL MASSAGE PARLOR Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a new Massage Establishment license for the new owners of the Top Oriental Massage Parlor, 421 N. Hickory Rd., South Bend, IN. He opened the Hearing and noted favorable recommendations were received from the Fire Department, Building Department, and Police Department. Mr. Gilot asked if there was anyone present wishing to speak for or against the issue of the license. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the License application was approved. REGULAR MEETING MAY 26, 2015 163 OPENING OF BIDS — ONE (1) OR MORE 2015 OR NEWER 3/ TON UTILITY TRUCK WITH CRANE (WATER WORKS CAPITAL) This was the date set for receiving and opening of sealed bids for the above referenced equipment. 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: HILL TRUCK SALES, INC 1011 W. Sample St, PO Box 598 South Bend, IN 46619 Bid was signed by: Rich Stopczynski Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Ten percent (10%) Bid Bond was submitted. Local Business Preference claim submitted. BID: Description Year/Make/Model 20Unit Price Complete Unit 16 Freightliner Model M2-106 with all Bid specified equipment by W. A. Jones Truck Bodies 8r. Equipment $157,471.00 Year Make/Model —Trade In Unit Price 2003 Unit#509, Chevy Utility Box Tmek, VIN#1GBC4EI1X3F504518 ($10,500) SELKING INTERNATIONAL 14849 W. Western Ave South Bend, IN 46619 Bid was signed by: Kenneth A. Waite Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Ten percent (10%) Bid Bond was submitted. Local Business Preference claim submitted. me Description Year/Make/Model Unit Price 2016 Freightliner Model 4300 $151 g 233 p3 Year Make/Model — Trade In Unit Price 2003 Unit#509, Chevy Utility Box Track, VA'#1 GBC4E11X3F504518 ($6,500) Early Pay Discount: You may deduct $876.00 if you pay for the chassis when it is delivered to the bodl upfitter. Description Year/MakeM' 21 Unit Price 2016 Freightliner Model 4300 chassis Equipment by Lindoo Equipment $160,096,13 Year .Make/Model — Trade In Unit Price 2003 Unit#509, Chevy Utility Box TmckF, VIN#1GBC4El IX3F504518 $11 000) REGULAR MEETING MAY 26, 2015 164 Early Pay Discount: You may deduct $876.00 if you pay for the chassis when it is delivered to the body company. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bids were referred to Equipment Services for review and recommendation. OPENING OF BIDS - JANITORIAL/CLEANING SUPPLIES FOR 2015 (VARIOUS) This was the date set for receiving and opening of sealed bids for the above referenced material. 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 due to the large volume of items, the names only of the bidders publicly read: CENTRAL POLY -BAG CORP. 2400 Bedle Place Linden, NJ 07036 Bid was signed by: Andrew Hoffer Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. UNIPAK CORP PO Box 300027 Brooklyn, NY 11230 Bid was signed by: Brian Marcus Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Vcrifrcation, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. CMP FT WAYNE 4149 N Clinton St Fort Wayne, IN 46805 Bid was signed by: Sheila Wagner Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. OFFICE DEPOT, INC. 6600 North Military Trail Boca Raton, FL 33496 Bid was signed by: Claudia Hughes Contractor's Non -Collision Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. KABELIN COMMERCIAL SUPPLY 512 Andrew Ave LaPorte, IN 46350 Bid was signed by: Kristin Moss -" Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Local Business Preference Claim submitted. FEMCO LLC P. O. Box 655 South Bend, IN 46624 Bid was signed by: Kristin Moss REGULAR MEETING MAY 26, 2015 165 Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Local Business Preference Claim submitted. INTERBORO PACKAGING CORP 114 Bracken Road Montgomery NY 12549 Bid was signed by: Miriam Lebowitz v Contractors Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. SANCO DISTRIBUTING INC. 919 N. Olive St. South Bend, IN 46628 Bid was signed by: John Sanders Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. HPPRODUCTS 4220 Saguaro "frail Indianapolis, IN 46268 Bid was signed by: Emily Moschemoss Contractors Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Mr. Gilot stated a bid tabulation would be posted on the City website for review. Upon a motion made by Mr. Gilot, seconded by Ms. Maradik and carried, the above bids were referred to Central Services for review and recommendation. The following bid was received via FedEx at 9:57 a.m. The Board noted no amounts were read into the record, only the names of the bidders, so there would be no advantage to the bidder. The following bidder's name was read into the record: ALL AMERICAN POLY 40 Turner Place Piscataway, NJ 08854 Bid was signed by: Nikki Klein Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bid was referred to Central Services for review and recommendation. OPENING OF PROPOSALS — COOUILLARD PRIMARY SCHOOL AND HARRISON PRIMARY SCHOOL: SAFE ROUTES TO SCIIOOL (INDOT) (LRSA) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Proposals for the above referenced projects. Mr. Eric Horvath, Public Works Director, noted these are proposals and are based on the State criteria and would therefore not be awarded based on dollar amount, but weighed based on a different formula. He added the State has to review and approve the award before the City can award these. Therefore Mr. Gilot read the names of the following companies submitting proposals into the record: REGULAR MEETING MAY 26, 2015 166 CHRISTOPHER B. BURKE ENGINEERING, LLC. PNC Center 115 W. Washington St. Ste. 1368 South Indianapolis, IN 46204 Proposal Submitted by: Jon D. Stolz, P.E. THF. TROYER GROUP, INC. 550 Union St. Mishawaka, IN 46544 Proposal Submitted by: Ryan Forgey, P.E. JONES PETRIE RAFINSKI 412 S. Lafayette Blvd. South Bend, IN 46601 Proposal Submitted by: Chris Chockley, PLA, AICP CHA 1251 N. Eddy St., Ste. 201 South Bend, IN 46617 Proposal Submitted by: Susan Al -Abbas, P.E. ABONMARCHE CONSULTANTS, INC. 750 Lincoln Way Fast South Bend, IN 46601 Proposal Submitted by: John W. Linn, P.E. Upon a motion made by Ms. Roos, seconded by Ms. Maradik and carried, the above proposals were referred to Engineering to process for review and recommendation. AWARD BID — REMOVAL OF LEAD -BASED PAINT AT IVY TOWER PHASE II — PROJECT NO. 115-030 (RWDA TIF) Mr. Michael Carey, Engineering, advised the Board that on May 12, 2015, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Carey recommended that the Board award the contract to the lowest responsive and responsible bidder Interstate Environmental Services, Inc., 337 West 806 North, Valparaiso, Indiana 46385, in the amount of $302,950.00, Therefore, Mr. Relos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Maradik seconded the motion, which carried. AWARD BID — THREE -HUNDRED, NINETY-FIVE (395) MORE OR LESS NEW MOBILE, AND ONE -HI Ni)RF.D, TWENTY-SIX (1261. MOKE OR LESS NEW PORTABLE TWO-WAY RADIOS WITH 12.5KHZ TDMA AND AVL CAPABILITIES (PARKS CAPITAL. LEASE PRINCIPAL & INTEREST: STREETS SEWER, TRAFFIC & LIGHTING. CENTRAL SERVICES DIVISION, WATER WORKS, CODE ENFORCEMENT ANIMAL CONTROL WASTE WATER, ORGANIC RESOLRCE5 SOLID WASTE AND ENGINEERING) Mr. Adam Cole, Central Services, advised the Board that on April 14, 2015, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Cole, recommended that the Board award the contract to the lowest responsive and responsible bidder Tele-Rad, Inc., 511 East 811 Street, Holland, Michigan 49423 in unit prices not to exceed the budgeted amount of $452,174.00. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the motion, which carried. AWARD BID — EQUIPMENT PURCHASE FOR NELLO CORPORATION PHASE II — PROJECT NO. 115-037 (RWDA TIF) Mr. Michael Carey, Engineering, advised the Board that on May 12, 2015, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Carey recommended that the Board award the contract to the lowest responsive and responsible bidder BSCO, Inc., 2934 SE Loop 820, Fort Worth, Texas 76140, in the amount of $1,280,780,00. REGULAR MEETING MAY 26, 2015 167 Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the motion, which carried. AWARD BIDS AND APPROVE CONTRACTS — 2015 STREET AND SEWER MATERIALS - PROMPTVv n<nnvr DOA e111, Mr. Pete Kaminski, Street Department, advised the Board that on May 20, 2015, bids were received and opened for the above referenced materials. After reviewing those bids, Mr. Kaminski recommended that the Board award the contracts in unit prices to the lowest responsive and responsible bidders as follows: American Highway Products, Item Nos. D3 through D72; Bernath dba SealMaster, Item Nos. El through E4; Bit -Mat Products, Item Nos. A17 through A23; Klink Trucking, Item Nos. Cl through C6 and Gl ; Kuert Concrete, Item Nos. BI, B2, and B4 through B6; Ozinga Ready Mix Concrete, Item Nos. 133; Rieth-Riley, Al, A4, Al2, A15, B7, C7, and DI; Underground Pipe and Valve, Item Nos. D2, and Fl through 174; Walsh & Kelly, Item Nos. A2 and A3, A6 through All, A13 and A14, A16, and GI. In his memo, Mr. Kaminski noted that Item No. GI, Delivery, was a tie and they would split that service between Klink Trucking and Walsh and Kelly, depending on the product to be delivered. He also noted that American Wire was found non -responsive due to no bid bond submitted. Mr. Gilot stated due to the number of items and companies, the bid tab would be posted on the City website with the awards noted. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be awarded and the contracts approved as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — HILL STREET IMPROVEMENTS PHASE Ii —PROJECT NO 113-024A (REDA TIF) Mr. Roger Nawrot, Engineering, advised the Board that on May 20, 2015, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Nawmt recommended that the Board award the contract to the lowest responsive and responsible bidder Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana 46614, in unit prices not to exceed $124,101,50. Therefore, Mr. Relos made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Ms. Maradik seconded the motion, which carried. REJECT BIDS — WASTEWATER TREATMENT PLANT GRIT AND SCREENINGS IMPROVEMENTS —PROJECT NO 114-075 (2012 SEWER BONDS) In a Memorandum to the Board, Mr. Jacob Klosinski, Environmental Services, requested the Board reject all bids received for the above referenced project pursuant to IC 36-1-124. Mr. Klosinski stated all bids exceeded the budgeted amount. Therefore, upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the Board rejected all bids for the above project. REJECT BIDS — HOTEL LASALLE RENOVATIONS — PROJECT NOS. 115-033C 033D AND 033E (RWDA TIT) In a Memorandum to the Board, Mr. Michael Carey, Engineering, requested the Board reject all bids received for the above referenced project pursuant to IC 36-1-1.2-4. Mr. Carey stated all bids received were non -responsive to the MBE/WBE requirements. He noted they are still reviewing the bids for Divisions A, B, and F. Therefore, upon a motion by Ms. Roos, seconded by Mr. Relos and carried, the Board rejected all bids for the above project. In a Memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested the Board reject all bids received for the above referenced project pursuant to IC 36-1-12-4. Mr. Chlebowski stated there were no hinds budgeted for these vehicles because they are considered more than halfway past their useful life span. Therefore, upon a motion by Ms. Roos, seconded. by Ms. Maradik and carried, the Board rejected all bids for the above project. APPROVE CHANGE ORDER NO. 1 — IGNITION PARK INFRASTRUCTURE PHASE 1C — PROJECT NO 114-063A (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, Indiana, 46614, indicating the Contract amount be increased by $3,950.00 for a new Contract sum, including this Change REGULAR MEETING MAY 26, 2015 168 Order, in the amount of $3,655,568.51. Upon a motion made by Ms. Roos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE REVISED PROJECT COMPLETION AFFIDAVIT — PEIHOOK WATER TREATMENT EFFICIENCY IMPROVEMENTS — PROJECT NO. 112-062 (WATER WORKS) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the revised Project Completion Affidavit on behalf of L. D. Docsa, 1605 King Highway, Kalamazoo, Michigan 49001, for the above referenced project, indicating a final cost of $3,290,255.67. Mr. Villa noted this was originally approved on September 9, 2015 for $3,287,755.67 with negotiations still in progress. Mr. Villa stated in his memo that a clause was found in the AIA contract that allowed for the reduction in liquidated damages from eighteen (18) days to thirteen (13) days. The new Project Completion Affidavit reflects that reduction and closes out the project. Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — WESTERN AVENUE CORRIDOR IMPROVEMENTS AND STREETSCAPES AND TITLE SHEET — PROJECT NOS 114-033B AND 114-085A (TIF INFRASTRUCTURE BOND) In a memorandum to the Board, Mr. Roger, 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. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above request was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — CHASE PLASTICS FACILITY INFRASTRUCTURE IMPROVEMENTS — PROJECT NO. 115-051 (RWDA TIF) In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and executionwas the Title Sheet. Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVE TITLE SHEET— COQUILLARD PRIMARY SCHOOL, SAFE ROUTES TO SCHOOL — PROJECT NO. 114-066 (LRSA) Mr. Gilot advised that the Title Sheet for the above referenced INDOT project was being presented at this time for execution. Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above referenced Title Sheet was approved and signed. ADOPT RESOLUTION NO. 23-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF RFAI. PROPERTY TO THE SOUTH BEND DEPARTMENT OF REDEVELOPMENT Upon a motion made by Ms. Roos, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.23-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING TIIE TRANSFER Of REAL PROPERTY TO THE SOUTII BEND DEPARTMENT OF REDEVELOPMENT WHEREAS, the City of South Rend, Indiana, Board of Public Works (die `Board") has custody of and may maintain and dispose of all real property owned by the City of South Bend, — Indiana (the "City") pursuant to I.C. 36-9-6-3; and WHEREAS, pursuant to I.C. 36-1.11-8, the City, acting by and through the Board, may transfer or exchange property with another governmental entity upon terms and conditions agreed upon by the two entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission (the "Commission'), the governing body of the South Bend, Indiana, Department of Redevelopment (the "Department') and of the Redevelopment District of the City of South Bend, Indiana (the "Redevelopment REGULAR MEETING MAY 26, 2015 169 District"), exists and operates under the provisions of I.C. 36-7-14, as amended from time to time (the "Act") and is a body corporate and politic; and WHEREAS, the Department, by and through the Commission, has presented to the Board, a request for the transfer of a certain parcel of land owned by the Board and more particularly described in Exhibit A (the "Property"); and WHEREAS, the request provides that the Board will transfer the Property to the Department to facilitate the redevelopment efforts in the River West Development Area (the "RWDA"); and WHEREAS, the City, through the Board, desires to transfer the Property to the Department and to authorize the Mayor to approve and execute a quit claim deed effecting the transfer of the Property and the City Clerk to attest such deed; and WHEREAS, the Department, through the Commission, has adopted a resolution consistent with I.C. 36-1-11-8 concerning the transfer of the Property; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The transfer of the Property, and all the City's interests therein, described in Exhibit A situated in St. Joseph County, Indiana, by the City of South Bend, Indiana, acting by and through its Board of Public Works, to the South Bend Redevelopment Commission, for and on behalf of the City of South Bend, Department of Redevelopment, shall be, and hereby is, approved. 2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, shall be, and hereby are, authorized to approve the form of and execute and attest, respectively, a quit claim deed or any other instruments necessary to convey all of the right, title and interest in the Property to the Department pursuant to the terms and conditions evidenced by this Resolution. 3. This Resolution shall 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 May 26, 2015, 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/ David P. Relos s/ Kathryn E. Roos s/ Elizabeth A. Maradik s/ Brian J. Pawlowski ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 24-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS APPROVING THE MASTER EQUIPMENT LEASE AGREEMENT AND RELATED SCHEDULES INCLUDING 'FEE ESCROW AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORD OR ONF OF ITS AFFILIATES Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.24-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA APPROVING THE MASTER EQUIPMENT LEASE AGREEMENT AND RELATED SCHEDULES INCLUDING THE. ESCROW AGREEMENT WITH BANC OF AMERICA PUBLIC CAPITAL CORP. OR ONE OF ITS AFFILIATES REGULAR MEETING MAY 26.2015 170 WHEREAS, the City of South Bend Board of Public Works ("Board") is the contracting body for the City of South Bend, Indiana ("City") and the Board has the authority under the laws of Indiana to purchase, acquire and lease property; and WHEREAS, the Board have determined that a need exists for the purchase and subsequent financing of certain property for the benefit of the City's operation; and WHEREAS, in order to acquire such property, the Board has entered into a certain Master Equipment Lease Agreement and Related Schedules with Banc of America Public _ Capital Corp. (or one of its affiliates) in the form attached and incorporated hereto at Exhibit A; and WHEREAS, time is of the essence in this matter. NOW, THEREFORE, BE 1T RESOLVED by the City of South Bend Board of Public Works as follows: 1. The Master Equipment Lease Agreement and Related Schedules substantially in the form and substance submitted as of this meeting with Banc of America Public Capital Corp. or its affiliates is hereby approved. 2. The Board hereby authorizes John Murphy, in his capacity as Controller of the City of South Bend, Indiana to act on behalf of the Board in executing any documents to effect the intent of the Board in connection with the Master Equipment Lease Agreement with Banc of America Capital Corp. or its affiliates. 3. This Resolution shall be in full force and effect after its adoption by the City of South Bend Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend; Indiana held on May 26, 2015, 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/ David P. Relos s/ Kathryn E. Roos s/ Elizabeth A. Maradik s/ Brian J. Pawlowski 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/ Funding Second Dead of Redevelopment Dedication of the Main N/A Roos/Relos Dedication Commission St:/Lafayette Blvd. Connector Sewer Rainbow Additional Taps Require N/A Roos/Relos Reimbursement Rascals of Reimbursement to Rainbow Agreement South Bend Rascals at 3032 East South Bend Avenue Professional Greeley and Digester No. 2 NTE $74,000 Roos/Relos; Services Hansen, LL Digester Gas C Upgradde (Environment Subjectto Agreement Extension of Se al Services, Liquidated REGULAR MEETING MAY 26, 2015 171 No. 111-029 —Contractor to Wastewater Damages to Cover Cost Engineering) Cover Cost, Professional Donohue & Development of Project NTE $22,200 not City Roos/Relos Services Associates, Inc Specifications Documents (Environment Agreement for the Rehabilitation of One al Services, (1) Belt Filter Press Wastewater Engineering) Maintenance Doron Precision Maintenance and Service for $9,657 Roost Agreement Systems Driving Simulator (Fire Maradik Renewal De artment) Maintenance OJS Building Three Year (05/01/2015- $529,400/yr. Roos/Relos Agreement Services, Inc. 04/30/2018) Contract for for MPAC; Annual Maintenance of the $27,716/yr. HVAC System at the Palais for Palais Royale and Morris Royale (MPAC and PR General Professional Public Safety Develop, Establish and Fund) $10,440 Roos/ Services Medical Analyze Work Evaluation (Fire Maradik Agreement I 1De artmen.1 REMOVE MASTER LEASE AGREEMENT—BANC OF AMERICA PUBLIC CAPITAL Attorney Michael Schmidt stated Resolution No. 24-2015, approved this morning, approves the Master Lease Agreement and Escrow and gives Mr. John Murphy, Controller, the authority to execute all documents related to this Lease Financing Agreement. He noted the originals have not been received yet and are due this morning so he is asking the Board to remove this item from the agenda and authorize Mr. Murphy to sign the documents on behalf of the Board via Resolution No. 24-2015. APPROVAL OF PERMIT AND LICENSE APPLICATIONS The followin¢ permit and license annlirnti..,..,,rrP r.rpe—+oa F ..,., Applicant Description Date/Time Location� Motion Eddy Street Non- June 20, 2015; Eddy Street from Angela Carried Roos/Relos Commons at Residential 9:00 a.m. — 3:00 Blvd. to Napoleon St. Notre Dame Block Party — p.m. Outdoor Adventure Day South Bend Procession— June 13, 2015; On Route as submitted Roos/Mamdik Chapter Selma 2:00 p.m. to Indiana Black Remembered 3:00 p.m. Expo Jimmy John's Sidewalk Cafe Sunday 00.00 138 S. Michigan St. Roos/ Relos Permit a.m.-3:00 p.m.; Subject to Monday Engineering's through New Layout Saturday 10:00 a.m: 9:00 p.m. Ciao's Lounge Sidewalk Cafe Sunday — 119 N. Michigan St. Roos/Relos Permit Saturday; 10:00 Side Patio a.m. to 3:00 Only a.m. Dismas House Sidewalk Sale Tuesdays and Two (2) Tables in Roos/Relos of Michiana License Fridays in June, Studebaker Plaza July, and August; 11:30 a.m. to 1:30 m. REGULAR MEETING MAY 26, 2015 172 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: (a) 420 S. Wellington Street (b) 416 S. 29t' Street (e) 1010 N. Brookfield Street (d) 1617 Fremont Street (e) 802 Van Buren Street (2 Signs) REMARKS: All Criteria has been met NEW INSTALLATION: One (1) 4-Hour Handicapped Parking Space Sign LOCATION: Southwest Corner of Colfax & Michigan St. REMARKS: All criteria has been met. REVISION: Change Two 2-Hour Handicap Parking Sign to 4-IIour LOCATION: North Side of Colfax Ave., West of Michigan Street REMARKS: All criteria has been met; For Performances at MPAC RATIFY APPROVAL CONTRACTOR AND OCCUPANCY BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Occupancy bonds be ratified pursuant to Resolution 100-2000 as follows: Business Bond Type Approved/ Effective Date Released Peerless Midwest, Inc. Occupancy Approved Aril 7, 2015 Alfred Shambery d/b/a Shambery Contractor Approved May 19, 2015 Construction Ms. Roos .made a motion that the Bonds approval as outlined above be ratified. Ms. Maradik seconded the motion, which carried. APPROVE CLAIMS Ms. Roos 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 $4,879,986.92 5/22/2015 City of South Bend $1,419,602.87 05/26/2015 C ty of South Bend $880,002.52 L 05119,12015 Therefore, Ms. Roos made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Relos seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked if the rejection of bids due to non-compliance with WBE/MBE regulations is going to be the standard for the Board. Mr. Roger Nawrot, Engineering, stated the current standard specifications require 7% participation or show of good faith effort. Mr. Miller asked what the requirements are to meet the good faith effort. Mr. Nawrot noted there are six (6) or seven (7) different provisions, but it is based on the IDOA's requirements. Mr. Miller asked if the issues with the Digester No. 2 Upgrade and Gas Cleaning project have been resolved. Ms. Roos stated they have not, that is why the Board asked that the increase in time for the project be noted as liquidated damages in the Minutes. Mr. Gilot thanked and commended City staff for their work on the SB150 Birthday Celebration this weekend noting huge crowds downtown and a very successful event. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the meeting adjourned at 10:18 a.m. REGULAR MEETING MAY 26, 2015 173 ATTEST: �iLal. Mariin, exk BOARD OF PU13L'IICWORKS Gary A G l t. President aviD d P. ReI M mber