11/18/2010 Board of Public Works Minutes

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PUBLIC AGENDA SESSION NOVEMBER 18, 2010 353 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, November 18, 2010, by Board President Mr. Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald E. Inks was absent. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. ADDITION AND REMOVAL OF AGENDA ITEMS Mr. Gilot stated there was an addition of an Opening of Proposals for Coveieski Stadium Turf, a Contract with INDOT; a No Parking Sign installment; and a request to remove four (4) bid awards on the agenda for trash trucks and refuse containers. Upon a motion by Mr. Gilot, seconded by Mr. Littrell and carried, the agenda was approved with the additions and removals of the items. APPROVE CHANGE ORDER NO. 3 — MIAMI ROAD WIDENING (KERN ROAD TO JACKSON ROAD) — PROJECT NO. 98 -082 (FHWA/LRSA) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of Hoffman Bros., Inc., 8574 Verona Road, Battle Creek, Michigan 49014, indicating the Contract completion date be increased by nineteen (19) days. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVAL OF AGREEMENT The following Agreement was submitted to the Board for approval: Type Business Description Amount Motion/ Second Grant of First Brethren Grant of Permanent Waterline $16,365 Littrell / Gilot Permanent Church of Easement at the Ironwood of 26th Street & Waterline South Bend, Drive Water Main Extension Mishawaka Avenue, Easement Inc. a.m. West on Mishawaka AUTHORIZE APPROVAL OF ACCESS AGREEMENT - T- MOBILE Attorney Cheryl Greene informed the Board that two (2) meetings ago they had reviewed a request from T- Mobile for access to the water tower on Greenock Blvd to do some upgrades to their antenna. She noted the Board does not have the authority to keep T- Mobile off of the property with the current agreement, but the agreement is with the marketing company and they have not been paying the City according to the terms of the agreement. Ms. Greene noted the current agreement authorizes the marketing company to receive payment as long as T- Mobile is on the tower. She has made numerous attempts to contact the owner of the marketing company, but he is in the military. She noted the law would protect him due to his being away in the military. Ms. Greene confirmed the new agreement will not be with the marketing company, it will be with T- Mobile and the company doing the work on the tower. Ms. Greene requested the Board authorize approval of a new access agreement with an acceptable site plan, approved by Water Works. Therefore, upon a motion by Mr. Littrell, seconded by Mr. Gilot and carried, the Board authorized Legal to approve an access agreement with T- Mobile subject to Mr. John Wiltrout, Water Works, approving a site plan. APPROVAL OF STREET CLOSURES /PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date /Time Location Motion Carried Secure River Procession — November 20, Begin at the Intersection Gilot/Littrell Park "Solidarity 2010; 10:00 of 26th Street & Committee Against Crime" a.m. to 11:00 Mishawaka Avenue, a.m. West on Mishawaka Avenue, North on 25th Street, East at the Railroad Tracks, South on 26th Street to the Intersection at Mishawaka Avenue