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HomeMy WebLinkAbout11/24/2015 Board of Public Works MeetingAGENDA REVIEW SESSION NOVEMBER 19, 2015 407 4 e4 ` Jame A. Mueller, Memberbe, ATTEST: aa� Uthda Martin, Clerk REGULAR MEETING NOVEMBER 24, 2015 The Regular Meeting of the Board of Public Works was convened at 9:37 a.m. on November 24, 2015, by Board President Gary A. Gilot, with Board Members David Relos, Elizabeth Maradik, James Mueller, and Therese Dorm present. Also present was Board Attorney Michael Schmidt. Ms. Lee Bete, Engineering, was acting Clerk in the absence of Linda Martin, Clerk of the Board. ADDITION TO THE AGENDA Mr. Gilot stated that an Open Market Purchase Agreement with JJamco Construction, Inc. was added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Gary Gilot stated the Minutes of the Agenda Review Session and Regular Meeting of November 5, 2015 and November 10, 2015, and the Claims Review Meeting of the Board held on November 17, 2015, were not presented and will be approved at a. future meeting. APPROVE 2016 CITY EMPLOYEE HOLIDAY SCHEDULE Upon a motion by David Relos, seconded by Elizabeth Maradik and carried, the following 2016 City Employee Holiday Schedule was approved as submitted by the City Controller and approved by Mayor Peter Buttigieg: New Year's Day Martin Luther King, Jr. Day Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Observed Friday, January 1, 2016 Monday, January 18, 2016 Monday, May 30, 20t6 Monday, July 4, 2016 Monday, September 5, 2016 Friday, November 11, 2016 Thursday, November 24, 2016 Friday, November 25, 2016 Monday, December 26, 2016 AWARD BID AND APPROVE CONTRACT — KITCHEN EQUIPMENT FOR CENTURY CENTER —PROJECT NO 115-019 Mr. Michael Carey, Engineering, advised the Board that on November 10, 2015, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Carey recommended that the Board award the contract to the lowest responsive and responsible bidder Atlas Restaurant Supply, 52245 IN-933, South Bend, IN 46637, in the amount or $108,894.26. Therefore, Mr. David Relos made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Ms. Elizabeth Maradik seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — DEMOLITION OF VACANT AND ABANDONED HOUSES PHASE VIII —PROJECT N0. 115-128 COIT Mr. Michael Carey, Engineering, advised the Board that on November 19, 2015, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Carey recommended that the Board award the contract to the lowest responsive and responsible bidder for each Division: Division A-R & R Excavating, Inc., 2010 Went Avenue, Mishawaka, Indiana 46545, in the amount of $235,000.00; Division B-Indiana Earth, Inc., 10343 McKinley, Osceola, Indiana 46561 in the amount of $145,930.00; and Division D-Ritschard Bros., Inc., 1204 Sample Street South Bend, Indiana 46619 in the amount of $94,926.00. Division C was conditionally awarded to Torok Excavating Inc., 825 South Fellows Street, South Bend, Indiana 46601 in the amount of $136,750.00 subject to provisionof an affidavit stating the Good Faith Efforts portion of the bid submittal was an accidental omission rather than a failure to perform. Therefore, Mr. REGULARMEETING NOVEMBER24 2015 408 Relos made a motion that the recommendation be accepted and the bids be awarded and the contracts approved as outlined above. Ms. Maradik seconded the motion, which carried. APPROVE CHANGE ORDER NO. 1 - DEMOLITION OF VACANT AND ABANDONED HOUSES, DIVISION E - PROJECT NO. 115-047 (LOSS RECOVERY) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Ritschard Bros., Inc, 1204 W Sample St., South Bend, IN 46619, indicating the Contract date be extended by ten (10) days for a new Contract completion date of November 20, 2015. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 - DEMOLITION OF VACANT AND ABANDONED HOUSES PHASE VI -PROJECT NO 115-088 BLIGHT FLIMINATION PROGRAM) Mr. Gilot advised that Mr. Aaron Williams, Engineering, has submitted Change Order No. 2 on behalf of Ritschard Bros, Inc. 1204 W Sample St., South Bend, IN 46619, indicating the contract completion date be increased by fifteen (15) days for a modified contract completion date of December 8, 2015. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 - WESTERN AVENUE CORRIDOR IMPROVEMENTS - PROJECT NO 114-033B (MAJOR MOV ESIRWDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 on behalf of Rieth-Riley Construction Co., Inc., 25200 S.R. 23, South Bend, IN 46614, indicating the contract amount be increased by $3,816 for a modified contract sum, including this Change Order, in the amount of $966.832.31 Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE. CHANGE ORDER NO. 1 - CENTURY CENTER SOUTH ENTRANCE IMPROVEMENTS - PROJECT NO. 115-014 (HOTEL MOTEL TAX) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I on behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, IN 46628, indicating the contract amount be increased by $1,013.00 for a modified contract sum, including this Change Order, in the amount of $77,363.00. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 7 -- IGNITION PARK INFRASTRUCTURE PHASE 1C - PROJECT NO. 114-063A (RWDA TIF) Mr. Gilot advised that Mr. Tay Villa, Engineering, has submitted Change Order No. 7 on behalf of Walsh & Kelly, Inc. 24358 IN-23, South Bend, 1N 46614, indicating the contract amount be increased by $4,250 for a modified contract sum, including this Change Order, in the amount of $3,983,26991. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Change Order was approved APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - EAST BANK SEWER SEPARATION, PHASE 5 - PROJECT NO. 114-062A (2012 SEWER & TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on behalf of Walsh & Kelly, Inc., 24358 IN-23, South Bend, IN 46614 indicating the contract amount be increased by $10,406.00 for a new contract sum, including this Change Order, of $106,096.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $106,096.00. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPJ.F.TION AFFIDAVIT - DEMOLITION OF 118 MORE OR LESS VACANT AND ABANDONED HOMES. DIVISION D - PROJECT NO 114-073 (LOSS RECOVERY) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Indiana Earth, Inc, 10343 McKinley Highway, Osceola, IN 46561, for the above referenced project, indicating a final cost of $345,624.00. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - DEMOLITION OF 118 MORE OR LESS VACANT AND ABANDONED HOMES, DIVISION E - PROJECT NO. 114-073 REGULAR MEETING NOVEMBER 24, 2015 409 (LOSS RECOVERY) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Indiana Earth, Inc., 10343 McKinley Highway, Osceola, IN 46561, for the above referenced project, indicating a fmal cost of $449,313.00. Upon a motion made by Ms. Maradik, seconded by Mr. Reins and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — DEMOLITION OF 118 MORE OR LESS VACANT AND ABANDONED HOMES DIVISION F - PROJECT NO. 114-073 (LOSS RECOVER),) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Indiana Earth, Inc., 10343 McKinley Highway, Osceola, IN 46561, for the above referenced project, indicating a final cost of $155,168.00. Upon a motion made by Ms. Maradik, seconded. by Mr. Relos and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — HILL STREET ALLEY IMPROVEMENTS - PROJECT NO 113-024 (REDA TIF) Mr. Cnlot advised that Mr. 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 $90,040.00. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Project Completion Affidavit was approved. APPROVE TITLE SHEET— CLEVELAND ROAD AND DIDAM BLVD. SEWER EXTENSION — PROJECT NO 115-127 Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried. the above referenced Title Sheet was approved and signed. RECOMMEND COUNCIL APPROVAL OF RESOLUTION NO. 67-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA ADJUSTING THE FEES RELATED TO ABATING NUISANCES AND REMOVING VEGETATION PURSUANT TO INDIANA CODE 36-7-9 AND 36-7-10.1 AND SOUTH BEND MUNICIPAL CODE CHAPTER 16 ARTICLE 8 Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following Resolution was given a favorable recommendation for Council approval by the Board of Public Works: RESOLUTION NO. 67-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ADJUSTING THE FEES RELATED TO ABATING NUISANCES AND REMOVING VEGETATION PURSUANT TO INDIANA CODE 36-7-9 AND 36-7- 10.1 AND SOUTH BEND MUNICIPAL CODE CHAPTER 16, ARTICLE 8 WHEREAS, the Board of Public Works (`Board') has authority to determine the costs for performance of work required by orders issued under the Unsafe Building Law, 36.7-9-1, et al., including orders to remove trash, debris, fire hazardous material, or a public health hazard in and about an unsafe premises; and WHEREAS, the Board also has authority to abate nuisances described in South Bend Municipal Code Chapter 16, Article 8, Section 16-53; and WHEREAS, the Indiana Code provision for removal of weeds and rank vegetation, Indiana Code 36-7-10.1-1, et seq., allows municipalities to require property owners to remove weeds and other rank vegetation, and sets forth procedures for giving notice to property owners and removing weeds and rank vegetation at the owner's expense; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, after giving notice to the owner, enter property and remove weeds and rank vegetation at the owner's expense, pursuant to South Bend Municipal Code Chapter 16, Article 8, Section 16-59; and WHEREAS, the Board has the expertise to determine the costs of abating nuisances such as trash, debris, fire hazardous material and public health hazards, and or removing weeds and REGULAR MEETING NOVEMBER 24, 2015 410 rank vegetation, including the cost of providing notice, use of equipment and labor, and administrative costs; and WHEREAS, the Board determines that the fees imposed for nuisance abatement and removal of weeds and rank vegetation should be adjusted from the 2008 schedule to reflect the current cost the City of South Bend incurs providing such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF TILE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: — Section I. That the Board of Public Works hereby sets forth fees for services in abating public nuisances such as trash, debris, fire hazardous material, or a public health hazard, and of removing weeds and rank vegetation from real property. Section II. The owner, occupant or person in. control of the property upon which the public nuisance or rank vegetation exists in violation of South Bend Municipal Code Chapter 16, Article 8, as it may be amended from time to time, shall be charged fees for the cost of equipment, services and labor incurred by the City in abatement of the nuisance or removal of vegetation. The following fees shall be charged: Fees and Costs Dump fee $150.00 Handling and disposal $ 84.00 Administrative fee $ 40.00 Technology and software $ 10.00 Supplies $ 8.00 Hourly Labor and Equipment Use Inspection $ 29.00 Labor (General) $ 23.00 — Labor (Operator — skilled) $ 34.00 Supervisory staff $ 40.00 Dump truck $ 51.00 Small loader $ 51.00 Lightening loader $ 84.00 Large loader $119.00 Pick up and mower $ 44.00 Tractor mower $ 38.00 Grass Cutting Fees Inspection (2) $58.00 Administrative fee $40.00 Supervisory Staff $40.00 Pickup truck and mower $22.00 Labor general $11.50 Technology and software $10.00 TOTAL S189.50 RECOMMEND COUNCIL APPROVAL OF RESOLUTION NO. 68-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTII BEND INDIANA ADJUSTING THE FEES FOR SERVICES RELATED TO SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW, INDIANA CODE 36-7-9 AND SOUTH BEND MUNICIPAL CODE CHAPTER 6. ARTICLE 8. SECTIONS 37 AND 37.1 Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the following Resolution was given a favorable recommendation for Council approval, by the Board of Public Works: RESOLUTION NO. 68-2015 REGULAR MEETING NOVEMBER 24, 2015 411 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH: BEND, INDIANA, ADJUSTING THE FEES FOR SERVICES RELATED TO SECURING AND DEMOLISHING STRUCTURES PURSUANT TO THE INDIANA UNSAFE BUILDING LAW, INDIANA CODE 36-7-9 AND SOUTH BEND MUNICIPAL CODE CHAPTER 6, ARTICLE 8, SECTIONS 37 AND 37.1 WHEREAS, the Board of Public Works is the Board with control over the Department of Code Enforcement for purposes of setting performance bonds and processing expenses provided under the Unsafe Building Law, and has the responsibility for fixing the average processing expenses and a schedule of performance bonds as provided in the Unsafe Building Law, Indiana Code 36-7-9-1 et seq., and South Bend Municipal Code Chapter 6, Article 8; and WHEREAS, the Department of Code Enforcement or an entity acting on its behalf may, after giving notice to the owner, enter onto and secure property at the owner's expense, pursuant to South Bend Municipal Code Chapter 6, Article 8 and the Unsafe Building Law; and WHEREAS, the Department of Code Enforcement or an entity acting onits behalf may, pursuant to the procedures set forth in the Unsafe Building Law and after giving notice to the owner, remove structures from unsafe premises at the owner's expense; and WIIEREAS, the Board of Public Works has the expertise to determine the costs of seeming and removing structures upon unsafe premises, including the cost of providing notice, use of equipment and labor, and administrative costs; and WHEREAS, the Board of Public Works determines that the fees imposed for securing and removing structures should be adjusted from the 2008 schedule to reflect the current cost the City of South Bend incurs providing such services. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. The Board of Public Works hereby sets forth administrative and service fees related to securing and removing structures upon unsafe premises pursuant to the Unsafe Building Law and South Bend Municipal Code Chapter 6, Article 8. Section II. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders for demolition of structures, and shall be charged in addition to the costs of the demolition contractor for each demolition order issued: Inspections — average of 8 $203.00 Legal notices, recording fees $113.00 Title search $ 27.00 Forms, letters, postage $100.00 Supplies $ 8.00 Legal services and hearing officer S200.00 Clerical staff $ 76.00 Management staff $200.00 Technology and software $ 10.00 TOTAL DEMOLITION COST $937.00 Asbestos Testing for Demolition, if Applicable First Inspection —prelim testing requires 2 inspectors $ 87.00 at 1.5 hours/inspector Second Inspection —testing and completion of $ 87.00 papers requires 2 inspectors at 1.5/inspector Tools, supplies, and safety costs $ 22.00 Test 10 samples at $8.00/sample (average) $ 80.00 REGULAR MEETING NOVEMBER 24, 2015 412 TOTAL ASBESTOS COST $276.00 Section III. The following fees reflect the average expenses which are incurred by the Department of Code Enforcement in processing orders to secure structures, and which shall be charged in addition to the costs of the contractor for each order to secure issued: Inspections — average of 3 $ 87.00 Forms, letters, postage $ 7.00 Clerical staff $ 23.00 Management staff $ 35.00 Technology and software S 10.00 TOTAL COST TO SECURE $162.00 ADOPT RESOLUTION NO. 71-2015 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 71-2015 RESOLUTION OF THE SOUTH BEND 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: PRINT SHOP OCE COLOR COPIER, EIGHT (8) CAR SIDE LIFTS, SIX (6) SEFAC JACKS, SECURITY CAMERA WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedures for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City 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 less, or is more than one (1) item with an estimated value of $5,000 or less; and BE IT FURTHER RESOLVED that said item may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such maybe demolished or junked. Adopted on the 24th day of November, 2015, by the Board of Public Works of the City of South Bend, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gflot s/ David P. Relos s/ Elizabeth A. Maradik s/ Therese J. Dorau .— s/James A. Mueller ATTEST: s/Lee A. Beni, Acting Clerk ADOPT RESOLUTION NO. 72-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE DIRECTOR OF SUSTAINABILITY TO APPROVE AND EXECUTE ADDENDUMS TO THE GAS CUSTOMERS CHOICE CONTRACT REGULAR MEETING NOVEMBER 24, 2015 413 Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the following .Resolution was adopted by the Board of Public Works with Ms. Therese Dorau recusing herself from the vote: RESOLUTION NO.72-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE DIRECTOR OF SUSTAINABILITY TO APPROVE AND EXECUTE ADDENDUMS TO THE GAS CUSTOMERS CHOICE CONTRACT 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 previously executed a Gas Customers Choice Contract ("Contract") with Interstate Gas Supply Inc.; and WHEREAS, the Contract will, from time to time, have addendums which need to be executed in a timely fashion; and WHEREAS, the Director of Sustainability has been tasked with the day to day management of the Contract; and WHEREAS, the Board believes the Director of Sustainability is competent and capable to make decisions regarding Contract addendums; and WHEREAS, time is of the essence in this matter. NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public Works as follows: 1. The Board hereby authorizes Therese Dorau, in her capacity as the City's Director Of Sustainability to act on behalf of the Board in the limited manner or executing potential addendums to the Gas Customer Choice Contract with Interstate Gas Supply, Inc. 2. 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 November 24, 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/ Elizabeth A. Maradik s/ Therese J. Dorau s/James A. Mueller ATTEST: s/Lee A. Ben6, Acting Clerk ADOPT RESOLUTION NO. 74-2015 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Relos; seconded by Ms. Maradik and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 74-2015 RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGULAR MEETING NOVEMBER 24, 2015 414 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: VARIOUS COMPUTER EQUIPMENT WHEREAS, Indiana Code 5-22-22-1 permits and establishes procedures for disposal of — personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City 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 less, or is more than one (I) item with an estimated value of $5,000 or less; and BE IT FURTHER RESOLVED that said item may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. Adopted on the 24th day of November, 2015, by the Board of Public Works of the City of South Bend, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot sl David P. Relos s/ Elizabeth A. Maradik s/ Therese J. Doran s/ James A. Mueller ATTEST: s/Lee A. Bend, Acting Clerk ADOPT RESOLUTION NO. 75-2015 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF FHE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REALPROPERTY Upon a motion made by Mr. Relos, seconded. by Ms. Maradik and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.75-2015 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA APPROVING THE TRANSFER OF REAL PROPERTY WHEREAS, the City of South Bend, Indiana, Board of Public Works (the `Board") has custody or 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, in 2012 the City commenced a road reconfiguration project commonly known as the Main -to -Lafayette Connector (the "Project"); and WHEREAS, pursuant to the Administrative Settlement dated April 10, 2013, attached hereto as Exhibit A (the "Agreement"), the Board of Public Works acquired certain real property — from Wendy's of Ft. Wayne, Inc. ("Wendy's") for use in connection with the Project; and WHEREAS, pursuant to paragraph 4 of the Agreement, the Board of Public Works agreed to convey certain excess lands described in attached Exhibit B (the "Excess Lands") to Wendy's upon the completion of the Project; and WHEREAS, the Project is complete, and the Board of Public Works desires to convey the Excess Lands to Wendy's by the quit claim deed attached hereto as Exhibit C. WHEREAS, the City, through the Board, desires to transfer the Excess Lands to the REGULAR MEETING NOVEMBER 24.2015 415 Wendy's and to authorize the Mayor to approve and execute a quitclaim deed effecting the transfer of said Excess Lands and the City Clerk to attest such deed; 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 Excess Lands described at Exhibit B situated in St. Joseph County, Indiana, by the City of South Bend, Indiana, by and through the Board of Public Works, to Wendy's of Ft. Wayne, Inc., 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 quitclaim deed or any other instruments necessary to convey all of the right, title and interest in the Excess Lands to Wendy's of Ft. Wayne, Inc. pursuant to the terms and conditions evidenced by this Resolution. 3. Member David Relos, is hereby authorized to act on behalf of the Board in executing any documents to effect the intent of the Board in connection with the transfer of the Excess Lands, including, but not limited to, any plat(s) or replotting documents relating to the Excess Lands, if necessary. 4. This Resolution shall be in full force and effect upon 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 24, 2015, at 1308 Comity -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/ Kathrvn E. Roos s/ Patrick M. Hemborn s/ Brian Pawlowski ATTEST: s/Lee A. Bene, Acting Clerk APPROVAL OF AGREEMENTTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Professional Services Agreement Business Gibson Insurance Agency, Inc. Description . Provide Advisory and .Brokerage Services for Workers' Comp & Property Insurance Amount/ Funding $59,500 (Business Insurance Fund) Motion/ Second Ms. Maradik/Mr. Relos Project Crowe Financial Advisor Services S22,o00 Ms. Assignment Horwath, LLP and Preparation of a Bond Financial Maradik/Mr. Parity Report in Connection Advisor; $3.000 Relos with the 2015 Sewage Works Parity Report; Refunding Bond Issuance Total Fee $25,000 (2015 Sewage Works Refunding Bond Escrow Thieneman Wastewater Treatment Plant, Escrow Funds $11,885,000 Mr. Relos/ Ms. Agreement Construction, Secondary Treatment (2012 Sewer Maradik Inc. Improvements —Project No. Bond, 114-053 Wastewater Capital Improvements) REGULAR MEETING NOVEMBER 24, 2015 416 Ratify Open Kone,Inc. Hotel LaSalle Renovations: $250,900 Mr. Relos/ Ms. Market Bid Package E — Conveying (RWDA TIF) Maradik Board Purchase Systems Electric Traction approval is Elevator subject to completion of compliance With MBE/WBE re utrements Professional James T. Coordination of Workforce $39,000 Mr. Relosi Services Stokes Efforts to Establish a Single (COIT) Ms. Maradik Agreement Point of Contact for Recruitment and Organization between Stakeholders Rescind Open Equal Rescind Open Market ($174,750) Mr. Relos/ Ms. Market Construction Purchase from November 10, (RWDA TIF) Maradik Purchase i,LC 2015 Board of Public Works Agreement Meeting due to Conflict of Interest; Originally awarded in error. Professional EPOCH Central Services Roof $13,365 Mr. Relos/ Ms. Services Architecture+ Replacement (Central Maradik Agreement Planning Services Ca ital Amendment Lawson- Additional Design for $31,700; New Mr. Relos/ Ms. No. I to Fisher Chippewa Ave. at Michigan Total: $593,750 Maradik Professional Associates St. and Main St. (SSDA TIF) Services P.C. Agreement Amendment Jones Pctric Additional Design for $52,415; New Mr. Relos/ Ms. No. 2 to Rafinski Corp. Bartlett St. Roundabout with Total $561,093 Maradik Professional Michigan St. (RWDA TIF) Services Agreement Open Market Jjamco Hoffman Hotel Renovations SI44,699.37 Mr. Relos/ Ms. Purchase Construction Maradik Agreement Inc. Approval subject to clarification of the flow of funds to Equal Construction Mans. ement APPROVAL OF PERMIT AND LICENSE APPLICATIONS The follovime permit and license annlicafrons were presented for annroval; Applicant Description Date/Time Location Motion Carried Kite Realty Non- December 5, Eddy St. from Angela Ms. Maradik/ Group Residential 2015; 4:00 a.m. Blvd. to Napoleon St. Mr. Relos Block Party to 2:00 p.m. Mike Jeffirs Procession; December 12, Erskine Blvd. from Mr. Relos/ Erskine Blvd. 2015; 6:00 p.m. Ewing St. to Donmoyer Ms. Maradik Candlelight to 9:00 p.m.; Ave. Walk Rain Date: December 13, 2015 South Bend Procession; December 5, Williams St., North to Ms. Maradik/ Animal Care Reindog Prance 2015; 11:00 Western, East to Mr. Relos and Control a.m. to 2:00 Lafayette, South to Four P.M. I Winds Parking Lot REGULAR MEETING NOVEMBER 24, 2015 417 Downtown - Procession; December 4, Jon Hunt Plaza to Ms. Maradik/ South Bend Santa's 2015; 6:00 p.m. Santa's House at the Mr. Relos Procession to 6:15 .m. Gridiron Peerless Occupancy November 11, N. Lafayette Boulevard Mr. Relos/ .Midwest Permit for 2015— between Bartlett and Ms. Maradik Water Well December 17, Navarre Drilling, 2015 Construction and `Fe.;- APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Signs LOCATIONS: 513 S. 28`h St. 1505 N Johnson REMARKS: All Criteria has been met NEW INSTALLATION: Residential Parking by Permit Only 6:00 a.m. to 6:00 p.m.; Monday through Friday LOCATION: North Side of the 500 West Block of Jefferson Boulevard REMARKS: All Criteria has been met NEW INSTALLATION: No Parking Here to Coiner LOCATION: Northwest Corner of Intersection of Lincoln Way West and Diamond Avenue REMARKS: All Criteria has bcen met APPROVE WASTEWATER DISCHARGE PERMIT(S) In a Memorandum to the Board, Mr. Anthony Hunsberger, Division of Environmental Services, submitted the following Wastewater Discharge Permit(s) and recommended approval: C&M Anodize and Black, 3702 W. Sample Street, Suite 4052 There being no further discussion, upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the permit was approved. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds he r,aifi,A t,. ne..,.,...:__ , �,. ---- Business Bond Type v-avw anwur mieasea Approved/ Released as meows: Effective Date Jose Luis Quijada dba'EX Concrete Contractor A roved November 4, 2015 Cza'kowski Builders, LLC Contractor Ap roved November 6, 2015 Jose Lopez Contractor Released November 6, 2015 Team Construction Co., Inc Contractor Ap roved November iQ 2015 Derek Swisez Excavation A roved November 2, 2015 QualityExcavating Corporation Excavation Approved November 12; 2015 Mr. Gilot made a motion that the Bonds approval and/or release as outlined above be ratified. Mr. Relos seconded the motion, which carried. APPROVE CLAIMS Mr. Relos 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 REGULAR MEETING NOVEMBER 24, 2015 418 Name Amount of Claim Date City of South Bend $4,855,108.28 November 20, 2015 City of South Bend $1,953,519.30 November 24, 2015 St. Joseph County Housing Consortium $134,657.91 November 6. 2015 St. Joseph County Housing Consortium $9,363.73 November 6, 2015 St. Joseph County Housing Consortium $8,249.12 November 13, 2015 U. S. Bank National Association/South Bcnd $540,305.57 November 20, 2015 Redevelopment Lease Revenue Bonds of 2015 Requisition No. 16/Rieth-Riley Constmction/Westem Avenue Streetscape Banc of America Public Capital $93,405.00 November 17, 2015 Carp/Escrow Account Disbursement Request No. 21/Paragon Financial Group Inc. for CNG Conversion Kits $7,185 each for 13 cars U. S. National Bank Association, 2015 $946.76 November 24, 2015 EDIT/Parks Bond/Payment 46/Kuert Concrete, Inc.- Basketball Pad at Kelly Park Therefore, Mr. Relos made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Maradik 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 Mr. Relos and carried, the meeting adjourned at 10:10 a.m. BOARD OF PUB%LIC WORKS Gary A. Gilot, President David P. ppelos, Me ber ILh �� Elizabeth A. Maradik, Member Therese J. Doran, Member Jamp A. Mueller, Member ATTEST: a Martin, Clerk