goshen redevelopment commission agenda for the …resolution 16-2019 – approve and authorize...

GOSHEN REDEVELOPMENT COMMISSION AGENDA FOR THE REGULAR MEETING OF April 9, 2019

The Goshen Redevelopment Commission will meet on April 9, 2019 at 3:00 p.m. in the City Court Room/ Council Chambers at the Goshen Police & Court Building, 111 East Jefferson Street, Goshen, Indiana.

1. CALL TO ORDER/ROLL CALL

2. APPROVAL OF MINUTES

4. NEW BUSINESS

Introduction - Bradd Weddell, School Board Appointee

Resolution 17-2019 – Ratify Goshen Common Council Resolution 2019-10 Establishing the Goshen Theater Project Fund to Receive and Disburse Funds

Resolution 18-2019 – Approve and Authorize Execution of a Contract with Jerry Reed Excavating, LLC for Demolition of 102 Olive Street

Resolution 19-2019 – Award Bid and Authorize Negotiation and Execution of an Agreement for Lawn Mowing Services for Redevelopment-Owned Properties

Resolution 20-2019 – Acceptance of Water Utility Easement for 65706 State Road 15 and 65736 State Road 15

Resolution 21-2019 – Approve Funding for Extension of Water Service and Water and Sewer Agreement for 65736 State Road 15

Resolution 22-2019 – Approve Execution of Change Order #4 for Northwest Bike Trail

Resolution 23-2019 – Award Bid and Authorize Negotiation and Execution of an Agreement for Jefferson Street/River Race Drive Parking Lot

Resolution 24-2019 – Approve and Authorize Execution of Change Order No. 1 and Change Order No. 2 for Kercher Road Reconstruction Phase 1

Update: Main Street Project

5. APPROVAL OF REGISTER OF CLAIMS

6. MONTHLY REDEVELOPMENT STAFF REPORT

7. OPEN FORUM

The open forum is for the general discussion of items that are not otherwise on the agenda. The public will also be given the opportunity at this time to present or comment on items that are not on the agenda.

8. ANNOUNCEMENTS

Next Regular Meeting – May 14, 2019 at 3:00 p.m.

9. EXECUTIVE SESSION

Pursuant to the provisions of the Open Door Law and Indiana Code § 5-14-1.5-6.1(b)(2)(D), the Goshen Redevelopment Commission will meet in executive session at the conclusion of the regular meeting for discussion of strategy with respect to the purchase or lease of real property.

GOSHEN REDEVELOPMENT COMMISSION

Minutes for the Regular Meeting of March 12, 2019

The Goshen Redevelopment Commission met in a regular meeting on March 12, 2019 at 3:00 p.m. in

the City Court Room/Council Chambers at the Goshen Police & Court Building, 111 East Jefferson

Street, Goshen, Indiana.

CALL TO ORDER/ROLL CALL

The meeting was called to order by President Thomas Stump. On call of the roll, the members of the

Goshen Redevelopment Commission were shown to be present or absent as follows:

Present: Brian Garber, Andrea Johnson, Brian Krider, Thomas Stump and Vince Turner

Absent: None

CHANGES TO THE AGENDA

Commissioner Stump stated that it has been requested to add Resolution 16-2019 Approve and

Authorize Execution of Listing Agreement with Patty Miller of Century 21 Affiliated for 65736 State

Road 15 to the agenda.

APPROVAL OF MINUTES

A motion was made by Commissioner Garber Johnson and seconded by Commissioner Krider to

approve the minutes of the February 12, 2019 regular meeting and the minutes of the February 21, 2019

special meeting.

The motion was adopted unanimously.

PRESENTATION – Scott Sivan – Millrace Townhomes, LLC

(01:12) Scott Sivan of Millrace Townhomes, LLC gave an update on the Hawks Building North which

he states should be done this time next year and the River Arts project will probably start this fall with

14-15 months of construction. Mr. Sivan presented a power point showing the rendering of the

townhomes and explained options available, placement of the townhomes and answered questions from

the commission and the public. Mr. Sivan did request some assistance with the utility abandonments.

Resolution 15-2019 – Approve and Authorize Execution of Purchase Agreement with Millrace

Townhomes, LLC

(14:21) Becky Hutsell, Redevelopment Project Manager – There is only one outstanding issue which is

easements for storm water. The final copy does not mention Mr. Sivan’s request of today regarding

assistance with the abandonment of the excess water laterals. We have calculated that fee with him and

it is $12,800. A mortgage will be put on the property and there are ways for that to be released over

time. Updated commission on environmental obligations.

(20:00) Questions from commission members regarding environment obligations.

A motion was made by Commissioner Turner and seconded by Commissioner Krider to amend

Resolution 15-2019 to add that the commission will be responsible for the removal of excess water

laterals at a cost of $12,800.


A motion was made by Commissioner Turner and seconded by Commissioner Garber to approve

Resolution 15-2019 as amended.


NEW BUSINESS

Resolution 12-2019 – Resolution of the Goshen Redevelopment Commission Authorizing Tax

Increment Expenditure and Approving Loan and Trust Agreement

(25:00) Mark Brinson, Community Development Director, the comprehensive agreement approved

before refers to the loan agreement between the Economic Development Commission (EDC) and

Goshen Theater and the role of the Redevelopment Commission is pledging TIF dollars to the project.

(28:50) Larry Barkes, City Attorney, this agreement is the structure of the loan and the amount is the

same.

(29:57) Mark Brinson, discussed terms of the agreement.

A motion was made by Commissioner Garber Johnson and seconded by Commissioner Garber to

approve Resolution 12-2019.


Resolution 13-2019 – Approve Amendment #2 to the Agreement with JPR for Design and Survey of

3rd Street, Jefferson Street and River Race Drive Modifications

(31:04) Leslie Biek, Traffic Engineer, this amendment is a request from Engineering to separate the

remaining project into two phases due to River Arts construction. The parking lot will be bid this year

and River Race Drive next year. The fee of $4,130 would be to prepare another bid package. The revised

total contract amount is $35,630.

A motion was made by Commissioner Turner and seconded by Commissioner Garber to approve

Resolution 13-2019.


Resolution 14-2019 – Approve Request from Goshen Engineering to Advertise for Bids for River Race

Parking Lot

(33:04) Leslie Biek, Traffic Engineer, requesting to advertise for bids on March 22 & 29 with opening

of bid at the Board of Works meeting on April 8 and then back to the commission in April for approval.

There will be 61 spots with 3 handicapped spots and designated parking for the Hawks building.

A motion was made by Commissioner Garber Johnson and seconded by Commissioner Krider to

approve Resolution 14-2019.


Resolution 16-2019 – Approve and Authorize Execution of Listing Agreement with Patty Miller of

Century 21 Affiliated for the listing of 65736 State Road 15.

(39:05) Mark Brinson, Community Development Director, this home is a 4-plex that was acquired for

right of way but was not needed and is now surplus property. Went thru required RFP process last fall

with no offers. Still working on final sales price. The price before was $175,000 based on appraisals.

Update – 102 East Kercher Road – Mark Brinson, Community Director, approved a full price purchase

agreement at last month’s meeting, however it was conditioned on VA loan approval. Purchaser

committed $5,000 in escrow for repairs but according to the appraiser there were quite a few items that

needed to be addressed and the deal was terminated. There was an open house recently and about 30

people came thru.

APPROVAL OF REGISTER OF CLAIMS

A motion was made by Commissioner Garber Johnson and seconded by Commissioner Turner to

approve payment of the Register of Claims totaling $835,091.66.


MONTHLY REDEVELOPMENT STAFF REPORT

Community Development Director Mark Brinson offered to answer any questions about the monthly

report; however, the Commission did not have any questions

Commission members inquired about name plates at last meeting. It was decided to order all member of

the commission name plates.

OPEN FORUM

Commissioner Johnson asked if it was possible to get the packet information sooner and it was decided

if items are available it can be sent earlier.

ANNOUNCEMENTS

It was announced that the next regular meeting is scheduled for April 9, 2019 at 3:00 p.m.

ADJOURNMENT A motion was made by Commissioner Turner and seconded by Commissioner Garber Johnson

The regular meeting was adjourned at 3:50 p.m.

APPROVED on April 9, 2019.


Thomas W. Stump, President

Andrea Johnson, Secretary

RESOLUTION 17-2019

Ratify Goshen Common Council Resolution 2019-10 Establishing the Goshen Theater Project Fund to Receive and Disburse Funds

WHEREAS the Redevelopment Commission approved the disbursement of funds at the March 12,

2019 meeting by an appointed Trustee.

WHEREAS the Goshen Common Council approved the establishment of the Goshen Theater

Project Fund and directed the fund to be held in the custody of the Clerk-Treasurer, separate and apart

from other funds of the City and the Commission at the regular meeting held on March 19, 2019.

WHEREAS upon issuance of the Series 2019 Note, the Clerk-Treasurer shall deposit into the Fund

the sum of Eight Hundred Fifty Thousand Dollars ($850,000.00) to pay costs of the project.

WHEREAS the Clerk-Treasurer shall distribute monies from the Fund to the Borrower upon the

presentation of a written request in the form provided in Exhibit A attached hereto, executed by an officer of the Borrower and an authorized officer of the Commission.

BE IT FURTHER RESOLVED that the Goshen Redevelopment Commission ratifies the execution

of Resolution 2019-10 establishing the Goshen Theater Project Fund and directs the fund to be held in the custody of the Clerk-Treasurer to receive and disburse funds.

PASSED and ADOPTED on April 9, 2019 Thomas W. Stump, President Andrea Johnson, Secretary

RESOLUTION NO. 2019-10

RESOLUTION OF THE CITY OF GOSHEN, INDIANAESTABLISHING THE GOSHEN THEATER PROJECT FUNDTO RECEIVE AND DISBURSE FUNDS FROM ITS TAXABLEECONOMIC DEVELOPMENT REVENUE NOTES, SERIES2019” AND APPROVING AND AUTHORIZING OTHERACTIONS TN RESPECT THERETO

A RESOLUTION of the Common Council of the City of Goshen, Indiana (“Council”)

establishing the Goshen Theater Project Fund to receive and disburse proceeds from the issuance

of its City of Goshen, Indiana (“City”) Taxable Economic Development Revenue Note, Series

2019 (“Series 2019 Note”) in an amount not to exceed Eight Hundred Fifty Thousand Dollars

($850,000) and approving and authorizing other actions in respect thereto.

WHEREAS, the Goshen Redevelopment Commission (“Commission’) adopted a

resolution on March 12, 2019 and this Council adopted an ordinance on March 19, 2019

(collectively, “Note Authorizing Instrument”), authorizing the issuance and funding of its Series

2019 Note and a loan of the proceeds of the Series 2019 Note to Goshen Theater, Inc.

(“Borrower”) in an amount not to exceed $850,000 to finance a portion of certain economic

development facilities consisting of the rehabilitation of the Goshen Theater, together with all

necessary appurtenances, improvements and equipment (collectively, Project”) in or physically

connected to the Consolidated River Race/US 33 Economic Development Area;

WHEREAS, the Note Authorization Instrument creates the Goshen Theater Project Fund

(“Fund”) to be held by a trustee;

WHEREAS, the Council has determined that it is in the best interest of the City and the

Commission to have the Clerk-Treasurer, as the fiscal officer to the Commission, hold the

Goshen Theater Project Fund and to perform certain duties in connection with the Fund;

fl14207690.1

NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE

CITY OF GOSHEN, INDIANA. THAT:

Section 1. As provided in the Note Authorizing Instrument, the Council approves the

establishment of the Goshen Theater Project Fund and directs the Fund to be held in the custody

of the Clerk-Treasurer, separate and apart from other funds of the City and the Commission.

Section 2. Upon the issuance of the Series 2019 Note, the Clerk-Treasurer shall

deposit into the Fund the sum of $850,000 to pay costs of the Project.

Section 3. The Clerk-Treasurer shall distribute monies from the Fund to the

Borrower upon the presentation of a written request in the form provided in Exhibit A attached

hereto executed by an officer of the Borrower and an authorized officer of the Commission.

Section 4. The Mayor and the Clerk-Treasurer and any other officer of the City are

hereby authorized and directed, in the name and on behalf of the City, to execute and deliver

such further documents and to take such further actions as such person deems necessary or

desirable to effect the purposes of this Resolution, and any such documents heretofore executed

and delivered and any such actions heretofore taken, be, and hereby are, ratified and approved.

Section 5. This Resolution shalL be in full force and effect from and after its passage

and approval by the Mayor.

1\14207690.1

Passed and adopted by the Common Council of the City of Goshen, Indiana this 19th day

of March, 2019.

COMMON COUNCIL OF THE CITY OF

Attest:

GOSHEN, JNDIANA—

Clerk-T ea urer

Presented by me to the Mayor of the City of Goshen, Indiana, on the

March, 2019.

Clerk-Trejrer

This Resolution approved and signed by me, the Mayor of the City of Goshen, Indiana,

on the?LJ day of March, 2019.

ATTEST:

C1erk_Trjirer

CL) day of

Mayor

1\14207690.I

EXHIBIT A

WRIHEN REQUEST

Attention: Goshen Redevelopment Commissiondo Clerk-TreasurerCity Hall, 202 S. 5th StreetGoshen, Indiana 46528

This written request (Written Request’) is submitted pursuant to the provisions ofSection 4 of thaE certain Resolution No. 2019-10 adopted by the Common Council on March 19,2019 (“Resolution’t). The terms used herein have the same meanings as when used in theResolution except where the context otherwise requires.

Goshen Theater, Inc., an Indiana corporation (“Borrower”), hereby requests that on

_______________

20_, the Clerk-Treasurer pay to the Borrower from funds held in the GoshenTheater Project Fund the amount specified in paragraph (b) below. In support of this WrittenRequest, the Borrower states as follows:

(a) This Written Request is requisition number

______

( );

(b) The aggregate amount of costs to be paid or reimbursed is $__________

(c) The costs referred to in paragraph (b) above have been paid or incurred and werenecessary for the expansion or equipping of the Project (as defined in the Resolution) and weremade or incurred in accordance with the construction contracts, plans and specifications, orequipment purchase contracts therefor now in effect;

(d) The costs referred to in paragraph (b) were incurred to pay costs of the Projectrelating to [list the various components of the Project to which such costs relate; brieflydescribe the nature of such costs; indicate the aggregate amount that will have been paidfrom Loan proceeds for each component of the Project after payment of such costs;indicate the person(s), firm(s) or corporation(s) to whom payment is due or was paid andthe amount due or paid to such person(s), firm(s) or corporation(s)];

(e) The amount paid or to be paid, as set forth in paragraph (b) above, is reasonableand represents a part of the amount payable for the costs of the Project, all in accordance with thecost budget, and such payment was not paid in advance of the time, if any, fixed for payment andwas made in accordance with the terms of any contracts applicable thereto and in accordancewith usual and customary’ practice under existing conditions;

(f) No part of the said costs of the Project was included in any Written Requestpreviously filed with the Clerk-Treasurer;

(g) The costs referred to in paragraph (b) above are appropriate for the expenditure ofproceeds of the Loan under the Act (as defined in the Loan Agreement between the City and theBorrower dated as of March 1,2019); and

I\14207690.1

(h) The vendors and the amount paid andlor to be paid to each and copies of invoicespaid and/or to be paid with copies of checks used for any previously made payment and, if avendor is an unincorporated entity, the taxpayer identification number for such vendor, areattached hereto on Schedule A.

In accordance with the provisions of the Resolution, the Borrower has caused this WrittenRequest to be signed on its behalf this

________

day of , 20.

GOSHEN THEATER, INC.

By:

___________________________

Its:

R14207690. I

ATTEST:

Secretary

1\14207690.I

Acknowledged:


By:President

RESOLUTION 18-2019

Approve and Authorize Execution of a Contract with Jerry Reed Excavating, LLC for Demolition of 102 Olive Street, Goshen

WHEREAS bids were requested for the demolition of 102 Olive Street and were received on March 11, 2019 with Jerry Reed Excavating, LLC as the lowest responsive and responsible bidder with a limp sum bid of $10,000. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that the terms and conditions of the Contract between Jerry Reed Excavating, LLC and the City of Goshen that is attached to and make a part of this Resolution are approved and Community Development Director Mark Brinson is authorized to execute the Contract on behalf of the City of Goshen and the Goshen Redevelopment commission with Jerry Reed Excavating, LLC. PASSED and ADOPTED on April 9, 2019 GOSHEN REDEVELOPMENT COMMISSION



Memorandum

To: Redevelopment Commission From: Becky Hutsell, Project Manager Date: April 9, 2018 RE: Authorize Execution of a Contract with Jerry Reed Excavating for Demolition of 102

Olive Street

We have requested bids for the demolition of 102 Olive Street and bids were received on Monday, March 11th. The bid tab is as follows.

1. Jerry Reed Excavating - $10,000.00 2. John Ward Concrete - $10,400.00

A copy of the proposed contract is attached and we are requesting the Commission’s approval to execute the contract with Jerry Reed Excavating as the lowest responsive and responsible bidder for a lump sum cost of $10,000.00. Contractor will be given 45 days to complete the work from Notice to Proceed.

CONTRACT

DEMOLITION PROJECT AT 102 OLIVE STREET, GOSHEN

Q19-02-003

THIS CONTRACT is made and entered into on this _____ day of _______________, 2019, by and between the City of Goshen by its Redevelopment Commission, hereinafter referred to as “City,” and Reed Excavating LLC, hereinafter referred to as “Contractor.”

WITNESSETH, that the City and the Contractor mutually agree as follows:

SCOPE OF SERVICES

The Contractor shall provide all labor, equipment, materials, tools, supplies, insurance, supervision, work and all other items necessary to perform and complete in a workmanlike manner the “Demolition Project at 102 Olive Street, Goshen, Q19-02-003” project in accordance with and as described in further detail in this contract and the Specification Documents the terms of which are incorporated by reference.

The scope of work shall include the demolition of all structures, removal of any basements and foundations, disposal of all materials and the filling, leveling, and seeding of the grounds at 102 Olive Street, Goshen, IN 46528 - Parcel Number 20-11-10-160-018.000-015

The City of Goshen’s current “Design Standards and Construction Specifications,” current “Indiana Department of Transportation’s Standard Detail Drawings” and the plans and drawings related to this project are incorporated into this contract by reference. In addition, Indiana Department of Transportation’s Standard Specifications, Sections 200 through Section 926 are incorporated by reference.

In the event there is a conflict between the City of Goshen’s Design Standards and Construction Specifications and the Indiana Department of Transportation’s Standard Detail Drawing or Indiana Department of Transportation’s Standard Specifications, the City of Goshen’s Design Standards and Construction Specifications shall control.

In the event of a conflict between a provision in the Specification Documents and the Contractor’s quote, the Specification Documents shall control unless specifically modified by this contract.

In the event of a conflict between a provision in this contract and a provision in the Contractor’s quote or in the Specification Documents, the provision in this contract shall control

In construing the intent and meaning of the terms and conditions of this contract, the following information and items shall be considered:

1. Contractor’s Itemized Quote; 2. Non Collusion Affidavit; 3. Form No. 96, including additional pages containing requested information; 4. Any addenda or changes to the contract documents and specifications, including properly

approved change orders; and 5. Notice to proceed

Contractor shall perform all work in this project during the days Monday to Friday between the hours of 7:00 am and 8:00 pm. City shall be notified in advance if Contractor intends to work on a Saturday and/or a Sunday.

Contractor shall obtain and maintain all required permits, licenses, registrations and approvals, as well as comply with all health, safety and environmental statutes, rules or regulations in the performance of the work for the City.

EFFECTIVE DATE; CONTRACT TERM

Contractor acknowledges that time is of the essence and that the timely performance of its work is an important element of this contract. Contractor shall perform all work as expeditiously as is consistent with professional skill and care in the orderly progress of the project.

The contract shall become effective on the day of execution and approval by the City of Goshen Redevelopment Commission and the Contractor.

Work on the project shall be complete within forty-five (45) calendar days from receipt of a notice to proceed from the City.

COMPENSATION, BASIS AND METHOD OF PAYMENT

The City agrees to compensate Contractor for the work performed in this contract as set forth in Contractor’s itemized quote for the amount of Ten Thousand Dollars ($10,000.00).

All payment obligations are subject to the appropriation and encumbrance of monies and shall be made in arrears unless specifically stated otherwise in this solicitation. Payment to the Contractor for the work under this contract shall be made upon completion and acceptance of the work. The Contractor shall submit a detailed invoice based on established contract price to City of Goshen for payment. Contractor is required to have a current W9 Form on file with the City before the City will issue any payment. Payment will be made within forty-five (45) calendar days of the receipt of a detailed invoice, provided satisfactory performance of the Contractor has been attained. Payment is deemed to be made on the date of mailing the check. Any payment made by the City before final acceptance of the work shall not affect the obligation of the Contractor to repair or replace any defective parts, or otherwise correct any work completed.

LIQUIDATED DAMAGES

It is agreed by the parties that time is of essence and in the event completion of this project is not made within the time set forth in this contract, damage will be sustained by the City. The parties further agree that it is and will be impractical and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay. Therefore, it is agreed that the Contractor shall pay to the City of Goshen, as fixed and liquidated damages, and not as a penalty, Fifty Dollars ($50.00) per calendar day for each and every calendar day’s delay in project completion in excess of the time specified. It is further agreed that in the event such damages are sustained by the City, the City may deduct the amount of the liquidated damages from any moneys due or that may become due to the Contractor under this contract.

INDEPENDENT CONTRACTOR STATUS

The Contractor shall be deemed an independent contractor operating as a separate entity from the City of Goshen. The City shall not be responsible for injury, including death, to any persons or damages to any property arising out of the acts or omissions of the Contractor or its agents, employees, or subcontractors of the Contractor.

NON-DISCRIMINATION

The Contractor agrees that it will comply with all federal and Indiana civil rights laws, including, but not limited to Indiana Code 22-9-1-10. The Contractor agrees the Contractor or any subcontractors, or any other person acting on behalf of the Contractor or their subcontractor, shall not discriminate against any employee or applicant for employment to be employed in the performance of a contract with respect to the employee's hire, tenure, terms, conditions, or privileges of employment or any other matter directly or indirectly related to employment because of the employee's or applicant's race, religion, color, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of the contract.

INDEMNIFICATION

The Contractor agrees to indemnify, defend, and hold harmless the City of Goshen, its agents, officers, and employees from any and all liability, obligations, claims, and suits, including court costs, attorneys fees, and other expenses, caused by an act or omission of the Contractor and its agents, officers, and employees or resulting from or related to the Contractor’s performance or failure to perform as specified in this contract.

INSURANCE

Prior to commencing work, the Contractor shall furnish the City of Goshen a certificate of insurance in accordance with the following minimum requirements, shall maintain the insurance in full force and effect, and shall keep on deposit at all times during the term of the contract with the City the certificates of proof issued by the insurance carrier that such insurance is in full force and effect. The Contractor shall specifically include coverage for the City of Goshen as an additional insured for Workers Compensation & Employer’s Liability General, Liability and Automobile Liability.

The Contractor shall at least include the following types of insurance with the following minimum limits of liability.

(1) Workers Compensation and Employer’s Liability ................................................. Statutory Limits

(2) General Liability .................................................... Combined Bodily Injury and Property Damage $1,000,000 Each Occurrence and $2,000 000 Aggregate

(3) Automobile Liability .............................................. Combined Bodily Injury and Property Damage $1,000,000 Each Occurrence and Aggregate

(4) Excess Umbrella Coverage ................................................................. $1,000,000 Each Occurrence

Each certificate shall require that written notice be given to the City at least thirty (30) days prior to the cancellation or a change in the policy that would not meet the minimum limits of liability set forth above.

FORCE MAJEURE

Except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract if and to the extent that such party's performance under this contract is prevented by reason of force majeure. The term "force majeure" means an occurrence that is beyond the control of the party and could not have been avoided by exercising reasonable diligence. Examples of force majeure are natural disasters or decrees of governmental bodies not the fault of the affected party.

If either party is delayed by force majeure, the party affected shall provide written notification to the other party immediately. The party shall do everything possible to resume performance. The notification shall provide evidence of the force majeure event to the satisfaction of the other party. If the period of non-performance exceeds thirty (30) calendar days, the party whose ability to perform has not been affected may, by giving written notice, terminate the contract and the other party shall have no recourse.

DEFAULT

It shall be mutually agreed that if Contractor fails to perform the work or comply with the provisions of this Contract and the Specification Documents and Contractor is not able to correct the breach within fifteen (15) calendar days after the City provides written notice to Contractor of such breach, the City may provide or have provided alternative provisions to correct and/or complete the projects. Contractor shall be responsible for any and all costs that are incurred and such costs may be deducted from amounts owed to Contractor expenses to correct the breach or complete the project. If such costs exceed the amounts owed to Contractor, Contractor is liable to reimburse the City for such costs.

If Contractor fails to perform the work or comply with the provisions of this Contract, then Contractor may be considered in default.

Contractor may also be considered in default by the City if any of the following occur: (1) There is a substantive breach by Contractor of any obligation or duty owed under the provisions of

this Contract.

(2) Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors.

(3) Contractor becomes insolvent or in an unsound financial condition so as to endanger performance under the Contract.

(4) Contractor becomes the subject of any proceeding under law relating to bankruptcy, insolvency or reorganization, or relief from creditors and/or debtors.

(5) A receiver, trustee, or similar official is appointed for Contractor or any of Contractor's property.

(6) Contractor is determined to be in violation of federal, state, or local laws or regulations and that such determination renders Contractor unable to perform the work under the contract.

(7) The contract or any right, monies or claims are assigned by Contractor without the consent of the City.

TERMINATION

The parties may terminate this contract under any of the following conditions: (1) The contract may be terminated in whole or in part, at any time, by mutual written consent of both

parties. Contractor shall be paid for all work performed and expenses reasonably incurred prior to notice of termination.

(2) The City may terminate this contract, in whole or in part, in the event of default by Contractor. In such event, the City may issue a written notice of default and provide a period of time in which Contractor shall have the opportunity to cure. If the default is not cured within the time period allowed, the contract may be terminated by the City. In the event of default and failure to satisfactorily remedy the default after receipt of written notice, the City may otherwise secure similar work in any manner deemed proper by the City, and Contractor shall be liable to the City for any excess costs incurred.

(3) The rights and remedies of the parties under this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

SUBCONTRACTING OR ASSIGNMENT OF CONTRACT

Neither party shall subcontract or assign any right or interest under the contract, including the right to payment, without having prior written approval from the other. Such approval shall not be unreasonably withheld. Any attempt by either party to subcontract or assign any portion of the contract shall not be construed to relieve that party from any responsibility to fulfill all contractual obligations.

EMPLOYMENT ELIGIBILITY VERIFICATION

The Contractor shall enroll in and verify the work eligibility status of all their newly hired employees through the E-Verify program as defined in IC 22-5-1.7-3.

The Contractor shall not knowingly employ or contract with an unauthorized alien. The Contractor shall not retain an employee or continue to contract with a person that the Contractor subsequently learns is an unauthorized alien.

The Contractor shall require their subcontractors, who perform work under this contract, to certify to the Contractor that the subcontractor does not knowingly employ or contract with an unauthorized alien and that the subcontractor has enrolled and is participating in the E-Verify program. The Contractor agrees to maintain this certification throughout the duration of the term of a contract with a subcontractor.

The City may terminate the contract if the Contractor fails to cure a breach of this provision no later than thirty (30) days after being notified by the City of a breach.

The Contractor affirms under the penalties of perjury that they do not knowingly employ an unauthorized alien.

AMENDMENTS

It is mutually understood and agreed that no alteration or variation of the terms in this contract including the scope of work, completion of work and compensation, and that no alteration or variation of the conditions of this contract shall be binding unless specifically agreed to in writing by the parties. Any modification or amendment to the terms and conditions of the contract shall not be binding unless made in writing and signed by both parties and approved by Redevelopment Commission. Any verbal representations or modifications concerning the contract shall be of no force and effect.

WAIVER OF RIGHTS

No right conferred on either party under this contract shall be deemed waived and no breach of this contract excused unless such waiver or excuse shall be in writing and signed by the party claimed to have waived such right.

NOTICES

All written notices, properly addressed and sent by U.S. mail or delivered personally to the address provided below shall constitute sufficient notice whenever written notice is required for any purpose in this contract. Notice will be considered given three (3) days after the notice is deposited in the U.S. mail or when received at the appropriate address.

Address for notices to the City:

City of Goshen Attention: Legal Department 204 East Jefferson St. Goshen, IN 46528

Address for notices to Contractor

Jerry Reed Excavating LLC Attention: Jerry Reed 15401 New Road Mishawaka IN 46544

APPLICABLE LAWS

The Contractor agrees to comply with all applicable federal, state, and local laws, rules, regulations, or ordinances. All contractual provisions legally required to be included are incorporated by reference.

Any provision of this contract or incorporated documents shall be interpreted in such a way that they are consistent with all provisions required by law to be inserted into the contract.

In the event of a conflict between these contract documents and applicable laws, rules, regulations or ordinances, the most stringent or legally binding requirement shall govern. Any special conditions included with this Contract which varies from these General Terms and Conditions shall have precedence.

This contract shall be construed in accordance with and governed by the laws of the State of Indiana and any suit must be brought in a court of competent jurisdiction in Elkhart County, Indiana.

In the event legal action is brought to enforce or interpret the terms and conditions of this contract, the non-prevailing party will pay all costs and expenses expended or incurred by the prevailing party including reasonable attorney's fees.

CONTRACTING WITH RELATIVES

Pursuant to IC 36-1-21, if the Contractor is wholly or partially owned by a relative of an elected official of the City of Goshen certifies that Contractor has notified in writing both the elected official of the City of Goshen and the City’s legal department prior to entering into this contract that an elected official of the City of Goshen is a relative of an owner of Contractor.

SEVERABILITY

In the event that any provision of the contract is found to be invalid or unenforceable, then such provision shall be reformed in accordance with applicable law. The invalidity or unenforceability of any provision of the contract shall not affect the validity or enforceability of any other provision of the contract.

AUTHORITY TO BIND CONTRACTOR

Notwithstanding anything in the contract to the contrary, the signatory for the company/business represents that he or she has been duly authorized to execute contracts on behalf of the company/business and has obtained all necessary or applicable approvals to make this contract fully binding upon the company/business when his or her signature is affixed and is not subject to further acceptance

BINDING EFFECT

All provisions, covenants, terms and conditions of the contract apply to bind the parties and their legal heirs, representatives, successors and assigns.

ENTIRE AGREEMENT

This contract constitutes the entire agreement between the parties and supersedes all other agreements or understandings between City and Contractor.

In witness whereof, the parties have executed this Agreement as set forth below.

City of Goshen Redevelopment Commission ____________________________________ Mark Brinson Community Development Director

Date: ______________________________

Jerry Reed Excavating LLC ____________________________________ Jerry Reed, President

Date: ______________________________

Parce

EX

102 Gosh

el Number 20

XHIBIT A

Olive Streethen, In 4652

0-11-10-160

t 8

0-018.000-0115

RESOLUTION 19-2019

Award Bid and Authorize Negotiation and Execution of an Agreement for Lawn Mowing Services for Redevelopment-Owned Properties

WHEREAS sealed bids were solicited for Mowing Services for Redevelopment-Owned Properties. WHEREAS the bids for the Project were opened publicly and read aloud by the Goshen Board of Public Works and Safety on March 25, 2019; NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that: 1. The bid for the Project is awarded to Stiver Group as the lowest responsible and responsive bidder.

2. Community Development Director Mark Brinson is authorized to negotiate and execute an

agreement on behalf of the City of Goshen and Goshen Redevelopment Commission with Stiver

Group, for the Project that is consistent with their bid.

3. The execution of the agreement shall be presented to the Redevelopment Commission for

ratification.

PASSED and ADOPTED on April 9, 2019. GOSHEN REDEVELOPMENT COMMISSION



Bid Tabulation -Lawn Mowing - Q19-02-004

Yardshark LLC Michigan City

Stiver Group

ITEM SITE LOCATION LUMP SUM PER SITE FOR TERM OF

CONTRACT

1. 405 South 3rd Street $350.00 $300.00

2. 409 South 3rd Street 350.00 300.00

3. 411 South 3rd Street 350.00 300.00

4. 417 South 3rd Street 350.00 300.00

5. 621½ South 3rd Street 300.00 200.00

6. 1120 South 11th Street 1,000.00 800.00

7. 313 North Main Street 450.00 300.00




11. 208 West Monroe Street 370.00 600.00

12. 305 East Kercher 1,200.00 800.00

13. Kercher Road Retention Pond 1,300.00 400.00

14. 602 East Kercher Road 1,200.00 800.00

15.

A. 3rd Street boulevard from 3rd St.t and Pike St. to Main St. and 3rd St. B. The section of City Property at the S/W corner of Washington and 3rd St. C. The N/E corner of 3rd Street and Madison St. (south of the gun

store and west of the funeral home parking lot. D. Sites A, B and C include Weed Treatment

6,500.00 5,800.00

16. 908 North 6th Street 1,200.00 900.00

17. 714 East Lincoln Avenue 350.00 300.00




21. East Lincoln Avenue Retention Pond 1,300.00 300.00

22. Clover Trails Retention Area Section B 1,300.00 1,200.00

TOTAL $20,270.00 $15,400.00

Yardshark LLC Michigan City

Stiver Group

ITEM SITE LOCATION PRICE PER MOWING

PRICE FOR FALL

CLEANUP

PRICE PER MOWING

PRICE FOR FALL

CLEANUP

23. 213 South 3rd Street $20.00 $50.00 $35.00 No Bid **

24. 219 South 3rd Street 20.00 50.00 35.00 No Bid **

25. 300 block South 3rd Street 60.00 75.00 60.00 No Bid **

26. 401 South 3rd Street 30.00 50.00 40.00 $80.00

27. 627 South 3rd Street 30.00 50.00 40.00 175.00

28. 204 West Madison Street 30.00 50.00 40.00 80.00

29. 65693 State Road 15 70.00 75.00 65.00 180.00

30. 65706 State Road 15 100.00 200.00 60.00 240.00

31. 65736 State Road 15 70.00 75.00 180.00 120.00

32. Clover Trails Retention Area Section A 30.00 50.00 30.00 No Bid **

TOTALS $460.00 $725.00 $585.00 $875.00

No Bid ** According to Stiver there are no trees and the property requires no fall cleanup so our interpretation is that the last mowing on the property will leave the property totally cleaned up.

RESOLUTION 21-2019

Approve Funding for Extension of Water Service and Water and Sewer Agreement for 65736 State Road 15

WHEREAS the Redevelopment Commission owns the property at 65736 State Road 15. The bladder tank at the home is currently leaking and needs replaced. A new water main was installed as part of the Waterford Mills Parkway project and is adjacent to this property. WHEREAS requesting approval of the Water and Sewer Agreement to extend water service to 65736 State Road 15. WHEREAS the cost to extend the service to the property is $2,845. Requesting approval of additional funds of $5,000 beyond the tap fees for any repairs, plumbing fees and cost to abandon the well. The cost is not to exceed $7,845. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves to extend water service and accepts the water and sewer agreement which is attached to this resolution. PASSED and ADOPTED on April 9, 2019 GOSHEN REDEVELOPMENT COMMISSION



Memorandum

To: Redevelopment Commission From: Becky Hutsell, Project Manager Date: April 9, 2018 RE: Request for approval of Water Utility Easements for 65736 and 65706 SR 15

In advance of the Waterford Mills Parkway project, the Redevelopment Commission purchased several of the residential properties along SR 15 to accommodate the project. Both 65736 and 65706 SR 15 were acquired and have been maintained as rentals for several years. Now that the project is complete, both properties can now be sold. However, new water mains were extended from the new roadway north along SR 15 and also along the north side of the new roadway and they currently exist within the property lines for both parcels. Three (3) utility easements have been prepared for the areas where the water main extends through the properties and copies of the proposed easements are attached. There are two (2) along the front of the properties and then an additional easement in the southeast corner of the property at 65706 SR 15. We are requesting that the Commission approve all three (3) easements. Once approved, they will be accepted by the Board of Public Works and Safety and then recorded. This will allow for the properties to then be sold.

RESOLUTION 21-2019

Approve Funding for Extension of Water Service and Water and Sewer Agreement for 65736 State Road 15

WHEREAS the Redevelopment Commission owns the property at 65736 State Road 15. The bladder tank at the home is currently leaking and needs replaced. A new water main was installed as part of the Waterford Mills Parkway project and is adjacent to this property. WHEREAS the cost to extend the service to the property is $2,845. Requesting approval of additional funds of $5,000 beyond the tap fees for any repairs, plumbing fees and cost to abandon the well. The cost is not to exceed $7,845. WHEREAS requesting approval of the Water and Sewer Agreement to extend water service to 65736 State Road 15. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the Water and Sewer Agreement which is attached to this resolution. PASSED and ADOPTED on April 9, 2019 GOSHEN REDEVELOPMENT COMMISSION



Memorandum

To: Redevelopment Commission From: Becky Hutsell, Project Manager Date: April 9, 2018 RE: Request to authorize Water and Sewer Agreement for 65736 SR 15

The Commission’s rental property at 65736 SR 15 is currently occupied as a four-plex and managed by Property Management Services. We have been notified by the property manager that the bladder tank for the well needs replaced as it is leaking. Because of the leak, the well pump is running extra and there is a concern that delay in making the repair will result in the pump failing and the tenants being without water. The cost to replace the bladder tank has been quoted at $1,800. As new water main was installed adjacent to this property as part of the Waterford Mills Parkway project, we met with staff to evaluate the alternative of connecting to the city water system and abandoning the well that currently services the property. Engineering indicated that the cost to tap the water main and extend service into the basement of the property would be $2,845. There would be an expense to hire a plumber to switch the connection from well to city service inside the residence as well as the cost of the well abandonment. It is anticipated that this property will be annexed into the City in the near future and that connection to City utilities will be required at some point. As such, we are requesting the Commission’s approval to proceed with connecting the property to the City’s water system instead of making repairs to the existing well system. Attached is the Water and Sewer Agreement that we are asking to have approved. There will be no sewer connection at this time as sewer has not been extended to this area but the agreement requires connection once sewer becomes available. This approval request is also to fund the cost of the tap fees, plumbing fees and well abandonment for a cost not-to-exceed $7,845. If approved, it is anticipated that work will begin the week of April 8th.

WATER AND SEWER AGREEMENT THIS AGREEMENT is entered into on April ______, 2019, by and between the City of Goshen, Indiana, a municipal corporation and political subdivision of the State of Indiana by the Goshen Board of Public Works and Safety and as approved by the Goshen Common Council, hereinafter referred to as “City” and the Goshen Redevelopment Commission, hereinafter referred to as “Redevelopment.” WHEREAS Redevelopment wishes to obtain City water services and sewer services for the real estate described in this agreement. WHEREAS City agrees to provide water service and sewer services to the described real estate even though such real estate is currently outside the corporate limits of the City of Goshen. In consideration of the mutual covenants contained in this agreement, the parties now agree as follows:

Authority This agreement is entered into pursuant to the provisions of Indiana Code § 36-9-22-2 and Indiana Code § 36-4-3-21.

Subject Real Estate

This agreement concerns real estate located at 65736 State Road 15, Goshen, Indiana 46526, and more particularly described as follows:

Part of Lot 7 in SUNNY ACRES SUBDIVISION in the Southeast corner of Section 28, and in the Southwest corner of Section 27, in Elkhart Township, more particularly described as follows:

Beginning at the iron pipe marking the Southwest corner of said Lot Number 7 running North 0

degrees 30 minutes West One Hundred Six and Two Tenths (106.2) feet to an iron stake; South 89 degrees 23 minutes East Two Hundred Forty-five feet(245) to an iron state; South 0 degrees 30 minutes East One Hundred Three and Seventy-five Hundredths (103.75) feet to an iron state on the South line of Lot 7 aforesaid; West Two Hundred Forty-four and Seven Tenths (244.7) feet o the point of beginning as recorded in Plat Book 3, page 147 of the records in the Office of the Recorder of Elkhart County, Indiana

Parcel Number: 20-11-27-301-009-014 The real estate is hereinafter referred to as the “subject real estate.”

1. The subject real estate is identified on a map attached to this agreement as Exhibit A.

Charges for Water Services and Sewer Services Charges for water services and sewer services contemplated by this agreement shall be in accordance with City’s water rate ordinance and sewer rate ordinance. City reserves the right to modify the rates and charges for water services and sewer services in accordance with the statutory procedures for the modification of water rates and sewer rates. Redevelopment and any subsequent owner of the real estate will be charged by City like any other similarly situated customer who is located within the City of Goshen.

Extension of Water Services

1. Redevelopment agrees to construct at Redevelopment’s expense and in accordance with detailed plans and specifications approved by the Goshen Engineering Department in advance of construction, a building water line to connect the existing residential dwelling unit proposed to be serviced by City’s water main.

2. City’s agreement to provide water service to the subject real estate is limited to providing water services to

the residential dwelling on the subject real estate. The extension of water services to any additional buildings on the subject real estate or any additional parts of the subject real estate is not permitted without further written approval from City.

3. Redevelopment agrees to construct the building water line and connect to City's water main at any time after

the effective date of this agreement but no later than one (1) year after the effective date of annexation of the subject real estate into the corporate limits of the City of Goshen.

Extension of Sewer Services

Redevelopment and any subsequent owner of the real estate (Real Estate Owner) agrees to pay the City utilities the standard sewer connection fee upon connecting to City sewer. Real Estate Owner agrees to connect to City sewer within one hundred eighty (180) days of the extension of a City sewer main within three hundred (300’) feet of the real estate. The Real Estate Owner shall be responsible to construct at the Real Estate Owner’s expense a building sewer line connecting the residence to the public sewer main. The building sewer line shall be constructed in accordance with detailed plans and specification approved by the Goshen Engineering Department in advance of construction.

Releases and Waivers Real Estate Owner and any successor in title waives and releases any right to remonstrate against any pending or future annexation of all or any portion of the subject real estate. The parties agree that any person who connects to the City’s water system or sewer system is considered to waive and release any right to remonstrate against the annexation of the real estate accommodated or serviced by the City’s water system or sewer system. This waiver is given in consideration for the right to connect proposed building water lines and/or building sewer lines to the City’s water mains and sewer mains and to receive City water services and sewer services.

Miscellaneous Provisions

1. City and Redevelopment each agree to execute all deeds of easements, rights-of-way or other documents that are reasonably necessary, desirable or appropriate to further the project and to provide for the future maintenance of the City’s water mains, sewer mains, and appurtenant facilities.

2. Redevelopment will obtain all easements and rights-of-way necessary for the extension of the water mains,

sewer mains, and appurtenant facilities.

3. All easements and rights-of-way obtained shall be recorded in the Office of the Recorder of Elkhart County,

State of Indiana.

4. All provisions, covenants, terms and conditions of this agreement apply to and bind the parties and their legal heirs, representatives, successors and assigns.

5. Redevelopment agrees that upon the sale of the subject real estate described in this agreement,

Redevelopment will advise the purchaser of this agreement and the obligation to connect to the sewer main once the sewer main is within three hundred (300) feet of the subject real estate.

6. Redevelopment agrees that upon the sale of any portion of the subject real estate described in this

agreement, Redevelopment will advise the purchaser of this agreement in writing prior to the sale unless the real estate has already been annexed into the corporate limits of the City of Goshen.

7. This agreement shall be construed and enforced in accordance with the laws of the State of Indiana. The

venue for any action brought by either party relating to or arising out of this agreement shall be in Elkhart County, State of Indiana.

8. If it becomes necessary for any party to this agreement to institute litigation in order to enforce or construe

the terms and provisions of this agreement, the prevailing party shall be entitled to recover its reasonable attorney’s fees and costs incurred in such litigation from the non-prevailing party.

9. No remedy conferred upon any party in this agreement is intended to be exclusive of any other remedy

provided or permitted by law, but each remedy shall be cumulative and shall be in addition to any other remedy given under the terms of this agreement or existing at law or equity. Every power or remedy provided in this agreement may be exercised concurrently or independently and as often as deemed appropriate.

10. This agreement contains the entire agreement between the parties respecting the matters set forth.

11. This agreement will only be effective after it is approved by the Goshen Common Council and the Goshen

Board of Public Works and Safety. IN WITNESS WHEREOF, the parties have executed this agreement as of the dates written below. City of Goshen, Indiana Goshen Redevelopment Commission Goshen Board of Public Works and Safety ____________________________________ _______________________________ Jeremy P. Stutsman, Mayor Date: _______________________________ Date: ___________________________

STATE OF INDIANA ) ) SS: COUNTY OF ELKHART ) Before me the undersigned Notary Public, on April ______, 2019, personally appeared Jeremy P. Stutsman, Mayor of the City of Goshen, Indiana and on behalf of the Goshen Board of Public Works and Safety, and acknowledged the execution of the foregoing instrument. Notary Public (SEAL) Printed: County of residence: My commission expires: STATE OF INDIANA ) ) SS: COUNTY OF ELKHART ) Before me, the undersigned Notary Public, on April ______, 2019, personally appeared ______________ and acknowledged the execution of the foregoing instrument. Notary Public (SEAL) Printed: County of residence: My commission expires: Prepared by Larry A. Barkes, Goshen City Attorney, Attorney No. 3568-20, City of Goshen Legal Department, 204 East Jefferson Street, Suite 2, Goshen, Indiana 46528, (574) 533-9536. I affirm, under the penalties of perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law (Larry A. Barkes).

Exhibit A

RESOLUTION 22-2019

Approve Execution of Change Order No. 4 for Northwest Bike Trail WHEREAS once the new bike path was installed, a drainage issue occurred at the entrance of Brookside Manor. WHEREAS the solution is to install a swale behind the path and re-slope the path away from the road to the new swale. WHEREAS the contractor Rieth Riley has a not to exceed price of $25,000. A formal change order will be brought back the commission once work has been completed and the exact amount is determined. WHEREAS the Engineering Department is requesting permission to proceed with the work with a not to exceed price of $25,000. NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission approves the change order with an amount not to exceed $25,000. PASSED and ADOPTED on April 9, 2019 GOSHEN REDEVELOPMENT COMMISSION



RESOLUTION 23-2019

Award Bid and Authorize Negotiation and Execution of Agreement for

Jefferson Street/River Race Drive Parking Lot

WHEREAS sealed bids were solicited for the Jefferson Street/River Race Drive Parking Lot.

WHEREAS the bids for the Project were opened publicly and read aloud by the Goshen Board of

Public Works and Safety on April 8, 2019.

WHEREAS the Engineering Department has reviewed the bids submitted and recommend that

the bid for the Project be awarded to _________________as the lowest responsible and

responsive bidder.

NOW, THEREFORE, BE IT RESOLVED by the Goshen Redevelopment Commission that:

1. The bid for the Project is awarded to _______________ as the lowest responsible and

responsive bidder.

2. Community Development Director Mark Brinson is authorized to negotiate and execute a

construction agreement on behalf of the City of Goshen and Goshen Redevelopment

Commission with ________________ for the Project that is consistent with their bid.

3. The execution of the construction agreement shall be presented to the Redevelopment

Commission for ratification.

PASSED and ADOPTED on April 9, 2019.



F:\Redevelopment\1- 2019 Meetings\(2019) 4-9\2019.04.04-RC memo-Award Parking Lot.doc

MEMORANDUM

TO: Redevelopment Commission FROM: Leslie Biek, PE RE: JEFFERSON PARKING LOT AWARD (PN: 2017-0014) DATE: 4/4/19

On April 8, 2019, bids were received and opened at the Board of Works meeting for the Jefferson Pervious Parking Lot project (PN 2017-0014). This project involves constructing a new City pervious parking lot on Jefferson St and River Race Drive. Engineering will bring the bid results and recommendation to the meeting.

RESOLUTION 24-2019

Approve and Authorize Execution of Change Order 1 & 2 for Kercher Road Reconstruction Phase 1

WHEREAS Change Order No. 1 is necessary because the contractor Rieth Riley was unable to complete their work on schedule due to utility relocations not completed on schedule and as a result final surface could not be paved. WHEREAS Change Order No. 1 will increase the contract amount by $24,146.24 with an additional 31 days to the intermediate completion date. WHEREAS Change Order No. 2 is necessary because the railroad tracks were closed longer than expected to relocate the signal and gates and the contractor Rieth Riley had to take longer than expected route and incurred additional trucking costs. WHEREAS Change Order No. 2 will increase the contract by an additional $1,116.27. WHEREAS these change orders will be 100% locally funded since the change orders were a result of delays by the utility and railroad. NOW, THEREFORE, BE IT RESOLVED that the Goshen Redevelopment Commission approves the terms and conditions of Change Order No. 1 and Change Order No. 2 which are attached to and made a part of this Resolution and Community Development Director Mark Brinson is authorized to execute Change Order No. 1 and Change Order No. 2 on behalf of the City of Goshen and the Goshen Redevelopment Commission. PASSED and ADOPTED on April 9, 2019 GOSHEN REDEVELOPMENT COMMISSION

_____________



C:\Users\traceenorton\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\HZFX9FZ6\2019.04.04-RDC Memo-CO 1 2.doc

MEMORANDUM

TO: Board of Public Works and Safety FROM: Engineering RE: KERCHER PH 1: CHANGE ORDER 1 & 2 PN: 2012-0016 DATE: April 4, 2019

Attached are change orders 1 & 2 for the Kercher Ph 1 project. For change order #1, Rieth Riley was unable to complete their work between the railroad tracks and Weymouth because NIPSCO Gas and NIPSCO Electric did not complete their relocation work on schedule. As a result, final surface could not be paved and temporary marking and pavement modifications had to be made to prepare the road to be opened without final surface. This section of road will be surfaced this year. The cost for this change order is an increase of $24,146.24 to the contract price and an additional 31 days to the intermediate completion date. For change order #2, the railroad had closed the tracks for a longer than expected period of time to relocate the signal and gates. As a result the contractor had to take a longer than expected route to the job site resulting in extra trucking costs. The cost for change order #2 is an additional $1,116.27 to the contract price. Since both change orders are a result of delays by the utility and the railroad, INDOT will not participate with federal funds. As a result, these change orders would be 100% locally funded. It is requested the Redevelopment Commission approve change orders 1 and 2 for the Kercher Phase 1 project (project # 2012-0016) for a total price of $25,262.51. These changes orders would be 100% locally funded. Thank you for your consideration of this request.

F:\Redevelopment\1- 2019 Meetings\(2019) 4-9\2019.04.04-RDC Memo-US 33 and SR 15 transfer update.doc

MEMORANDUM

TO: Board of Public Works and Safety FROM: Engineering RE: US 33 AND SR 15 TRANSFER UPDATE PN: 2016-0038 DATE: April 4, 2019

The City has received notification from INDOT that the transfer of US 33 from Main St to the new US 33 bypass and SR 15 from Main St to 3rd St will take place on Friday April 19, 2019. As a result Main St from Pike to Madison and Madison from Main to the new US 33 will become local roads.


Register of Claims

The Goshen Redevelopment Commission has examined the entries listed on the

following itemized Expenditure Report for claims entered from March 13, 2019

through April 5, 2019 and finds that entries are allowed in the total amount of

$211,663.12

APPROVED on April 9, 2019



April 2019 Redevelopment Staff Report

PROJECT: GOSHEN THEATER RENOVATION PROJECT DESCRIPTION Goshen Theater, Inc. has purchased the Goshen Theatre building to serve as an Arts and Entertainment facility downtown. A phased renovation of the theater has been proposed and fundraising is in progress. PROJECT UPDATE The Commission has approved $850,000 for this project, which is structured as a forgivable loan. Additional funding is coming from the Regional Development Authority, Community Foundation and private donors. The theater board has secured approximately $5.0 million to date, which includes $1 million for an operating endowment. KIL Architecture/Planning has been retained as the project architect and DJ Construction will be the construction manager. Design work is nearly complete and construction will begin May 2019.

PROJECT: NORTHWEST BIKE TRAIL CONNECTOR PROJECT DESCRIPTION The Northwest Bike Connector connects the northwest Goshen neighborhoods to the US 33 Commercial district, extending west along Bashor Road, north along Reliance Road, and then west along US 33 to end at Market Center shopping area. PROJECT UPDATE The trail has been completed with restoration to be done in the spring. There are lingering issues with drainage with the predominant drainage issue located in the southeast corner of Brookside Communities’ entrance. To remedy the situation, the contractor will need to remove and replace part of the path to slope away from the road and place a swale behind the trail. The City anticipates the additional work with come an increase in the project cost of $25,000.

PROJECT: NORFOLK SOUTHERN RAILROAD CROSSING SAFETY IMPROVEMENTS PHASE II PROJECT DESCRIPTION Federal Highway Safety Improvement Project (HSIP) funding was applied for the installation of new warning devices at two at-grade railroad crossing to improve safety and meet minimum Federal Railroad Administration (FRA) standards. The two crossings include: Jefferson Street and College Avenue. PROJECT UPDATE The work at the Jefferson Street crossing has been completed. The College Xing improvements are currently under design by the railroad and will all be done by the railroad.

PROJECT: RAILROAD QUIET ZONE FROM KERCHER ROAD TO LINCOLN AVENUE

April 2019 Redevelopment Staff Report Page 2

PROJECT DESCRIPTION Establishment of a Quiet Zone along the Norfolk Southern Railroad Marion Branch from Washington Ave to Kercher Ave.

PROJECT UPDATE Here is the updated schedule for the implementation of the Quiet Zone:

- Spring 2019– Traffic counts to be done at each of the railroad crossings. Once US 33 Bypass is complete. - Spring 2019 – Madison Street will become a local street safety improvements can be implemented at this crossing, which is

anticipated to cost approximately $400,000. INDOT has agreed to pay 90% of the project. INDOT is improving the crossing as a part of the Crossing Safety Improvement funds. The project is expected to be completed early 2020.

- Fall 2019 – Installation of signs and delineators at the railroad crossings. - Summer 2020 – Submit the Public Authority Application (PAA) to Federal Railroad Administration (FRA) for review, which

typically takes 2 months. - Summer 2020 – Railroad Quiet Zone is anticipated to be “in-service”.

The City met with the Federal Railroad Administration (FRA) and INDOT at the end of July to review the plans implementation status and finalize the proposed changes. An addendum to the Notice of Intent with the proposed changes have been submitted to FRA, INDOT, and Norfolk and Southern for comment.

PROJECT: NINTH STREET TRAIL FROM COLLEGE AVENUE TO PURL STREET

PROJECT DESCRIPTION New bicycle and pedestrian trail construction along Ninth Street from College Avenue and Purl Street. The path will path be along the east side of Ninth Street from College Avenue to Jackson Street, then the path will extend on the west side of Ninth Street from Jackson Street to Purl Street

PROJECT UPDATE Bids have been received for the project and the low bid was Walsh and Kelly. Construction is expected to start April 9th and be completed by the end of August. A public meeting will be held on April 8th. The project will be divided in half starting with College to Jackson, then Jackson the Purl.

PROJECT: STEURY AVENUE RECONSTRUCTION AND STORMWATER DETENTION AREA

PROJECT DESCRIPTION This project has grown out of the recent improvements along the Steury Avenue corridor with the expansion of GDC, Lions Head, the Goshen Street Department and the Goshen Central Garage. The roadway corridor no longer supports the additional vehicle loads and has been chip and sealed to extend the service life of the current pavement. The intersection of Steury Avenue and State Road 4 has small turning radiuses, which causes semi-traffic serving the corridor to make wide swings onto and off of Steury Avenue and State Road 4. Drainage is effectively non-existent along the roadway corridor and there are limited opportunities to improve the drainage without looking outside the corridor. In addition to the functionality of the roadway, the roadway’s appearance does not reflect the investment the adjoining companies have made on their properties.

The current plan is to reconstruct Steury Avenue from State Road 4 north 1,450-feet to the first roadway bend to the right. The new roadway cross section will have a thicker pavement section to support the additional vehicle traffic and curb and gutter to control stormwater water runoff. A new storm sewer will be constructed that directs stormwater to State Road 4 where several properties will be purchased, on the south side of State Road 4, to allow for the placement of a detention pond. The new detention pond will have an overflow release to Rock Run Creek. PROJECT UPDATE Phase I of the project has been completed and it is anticipated that Phase II will be constructed in 2020 followed by Phase III in 2021. The final design for the next two phases will be completed in 2019. There are three (3) remaining properties to be acquired at this time.


PROJECT: KERCHER ROAD RECONSTRUCTION FROM RAILROAD TO DIERDORFF ROAD PROJECT DESCRIPTION Improvements to Kercher Road from the Railroad to Dierdorff Road will include one lane in each direction and a center left turn lane, curb and gutter along with storm sewer, and a 10-foot sidewalk/bicycle trail along the south side of the roadway. The intersection at Pine Manor Drive and Industrial Park Drive will be aligned to allow for safe turning movements. This project was let in February 2018. PROJECT UPDATE Phase 1B, from Weymouth to Dierdorff, will be completed this year by the end of August. Construction started on April 1st. The pavement surface for Phase 1A (Railroad to Weymouth) will be completed this year.

PROJECT: KERCHER ROAD RECONSTRUCTION FROM DIERDORFF ROAD TO US 33 PROJECT DESCRIPTION Improvements to Kercher Road from Dierdorff Road to US 33 will include one lane in each direction, a center left turn lane, curb and gutter along with storm sewer, and a 10-foot sidewalk/bicycle trail along the south side of the roadway. This project was let in February 2019. PROJECT UPDATE Rieth Riley was awarded for this phase of the project as well. Construction is expected to start mid-April and be completed in 2020. Traffic will be maintained for west bound traffic only.

PROJECT: KERCHER ROAD RETENTION AREA PROJECT DESCRIPTION Development of a plan for a stormwater retention area on the north side of Kercher Road, just east of the railroad tracks. This project will address some of the flooding problems in the Goshen Industrial Park. PROJECT UPDATE All work has been completed on the first phase of this project. Goshen Engineering is currently working with DLZ to finalize the construction plans. Once the necessary easements are acquired, bidding of the work will take place in 2019.

PROJECT: PLYMOUTH AVENUE AREA STORMWATER PROJECT PROJECT DESCRIPTION The city owns an existing stormwater facility located on the south side of State Road 119 and east of Lighthouse Lane. This facility does not adequately address the stormwater issues in the area. The project will supplement existing public stormwater facilities by constructing additional interconnecting detention areas in partnership with the developer of The Crossing, a residential subdivision. The project will also include the extension of Lighthouse Lane to connect to The Crossing.

PROJECT UPDATE


The Redevelopment Commission has approved an agreement with the Barak Group, LLC, developer of The Crossing subdivision. The agreement requires the developer to complete the design for stormwater and road improvements, which will then be bid by the City. Design is underway and construction should occur in the spring of 2019.

PROJECT: FORMER WESTERN RUBBER SITE PROJECT DESCRIPTION No development plans are in place for the parcel at this time. The remediation activities are complete at the site and we have received environmental closure. PROJECT UPDATE Staff is discussing the property with potential purchasers and will bring a proposal to the Commission at the appropriate time.

PROJECT: CREATIVE ARTS COORDINATOR – ECCVB LIVE/WORK/PLAY GRANT PROJECT DESCRIPTION The Redevelopment Commission received a 3-year grant from the Elkhart County Convention Visitors Bureau in June 2016. The program provides $50,000 per year to provide capacity to move forward downtown initiatives. The funding for the first year was utilized by Goshen Theater, Inc. to put towards their fundraising campaign. The funding for the 2nd and 3rd year is being used to fund a Creative Arts Coordinator to develop an arts and asset database/directory to connect and list all of the various individuals in Goshen that contribute to our arts and culture. PROJECT UPDATE An agreement amendment was approved by the Commission January. The agreement term runs through May 2019.

PROJECT: MULTI-USE PAVILION AND ICE RINK

PROJECT DESCRIPTION

A market analysis;/feasibility study was completed in October 2017 to evaluate the ice rink/multi-use pavilion project on the west side of the Millrace Canal and the results were favorable. The concept is to have a parks’ department operated facility that will function year round for programming and events. Public feedback was incorporated into the study and all interviewed community members are in support of the idea. The City has received a $300,000 grant from the Regional Cities initiative and $1,000,000 from the Elkhart County Community Foundation. Mayor Stutsman has received a $1,000,000 anonymous private commitment and he continues to talk with other potential donors to fulfill the costs of the project. The Commission has pledged $2,500,000 as part of the approval of our 5 Year Capital Plan.

PROJECT UPDATE

American Structurepoint has been hired to design the pavilion and work is underway. A meeting is planned with the full steering committee in mid-April to finalize the project design. The original project deadline was February but is being extended as the construction timeline has shifted to 2020. An amendment will be brought to the Commission in May.

PROJECT: RIVER ART

PROJECT DESCRIPTION

An agreement has been executed with Insite Development to design and construct an upscale residential project along the millrace canal. The site is near the intersection of South Third Street and Jefferson Street.


The River Art development project will consist of an approximately 46-unit apartment building, the construction of 18 condominium/apartment units in the north half of the Hawks building and the creation of a new community park. The new apartments will be constructed on property previously offered for sale by the Goshen Redevelopment Commission. The development site also includes the north half of the Hawks building which is privately owned and will be acquired separately by the developer.

The developer plans to invest $11 million on the construction of a modern architectural style building featuring high-quality rental apartments. Amenities include covered parking spaces for residents located under the apartment building, a common terrace shared by residents and private balconies for individual apartments. An additional $3.6 million would be invested in the complete redevelopment of the north half of the Hawks Building for the construction of condominiums. Plans also include the possibility of constructing a coffee shop and gallery space on the first floor of the Hawks building. As an amenity to the two development projects, Insite is proposing to design and construct a small community park on the vacant lot north of the Hawks Building. The park would serve area residents including those at the Hawks and River Art and will feature landscaping, a walkways, benches, lighting and public art produced by local artists. The developer would donate the completed park to the City.

PROJECT UPDATE

A development agreement was executed on March 26, 2018 and closing was held on April 17, 2018 for the north half of the Hawks building. Work on the Hawks Building has begun and they will be going through the Tech Review process for the apartment building this summer with construction beginning Fall 2019.

PROJECT: MAIN STREET IMPROVEMENTS

PROJECT DESCRIPTION

Main Street is currently part of US 33 and is therefore under the jurisdiction of INDOT, but will be transferred on April 19th.

The Goshen Engineering Department is in process of redesigning Main Street from Pike south to Madison to include a number of aesthetic and functional improvements. The project has been scaled down for 2019 so that an all-encompassing project can be planned for in the future. Features under consideration include:

1. Asphalt pavement improvements 2. Installation of new underground conduit for street lights 3. Striping for angle parking 4. Curb ramp replacements

The River Race Capital Plan includes $500,000 for construction in 2019.

PROJECT UPDATE

A public open house was held last year, to gather input on what the public would like to see and has also met with EID and DGI. The City has received lots of input and is currently tabulating the comments. Based upon the current funding, the following work is being planned for in 2019: 1.) Deep mill, pavement patching and resurface the roadway; 2.) Placement of angled parking; 3.) Curb ramp and selective sidewalk panel replacement to address public safety; 4.) Evaluation and possible replacement of street lighting conduit. The project is scheduled for construction in 2019. Engineering is currently working on a preliminary design and cost estimates. Once complete public meetings will be held to share what can be expected.

PROJECT: MILLRACE TOWNHOME SITE

PROJECT DESCRIPTION

The Redevelopment Commission issued an RFP for the Millrace Townhome site on River Race Drive and received two proposals. A committee was established to review both proposals and make a recommendation to the board. The committee,


which included members of the Redevelopment Commission, the Mayor and City staff, recommended that the Commission select the proposal from Insite Development as the preferred project. The proposed project includes 16 town homes, ranging in size from 2,500to 3,000 square feet. All homes would feature private garages, decks and courtyards. Total private investment is projected to be $4.2 million, with construction being completed in 2020.

At the December Redevelopment meeting, the Commission authorized staff to negotiate a development agreement with Insite Development.

PROJECT UPDATE

The developer will be working with City staff over the next several months to modify the subdivision for this area. It is anticipated that the project will begin this fall or early next spring.