02/14/11 Board of Public Works Minutes

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REGULAR MEETING FEBRUARY 14 2011 37 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, February 14, 2011, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on January 20, 2011, January 24, 2011, January 31, 2011, and February 7, 2011 were approved. APPROVE TRANSITION AGREEMENT --- NATIONAL FOOTBALL FOUNDATION AND COLLEGE HALL OF FAME INC. AND CENTURY CENTER BOARD OF MANAGERS Mayor Stephen Luecke stated this agreement is to work out the terms for the College Football Hall of Fame's move to Atlanta, Georgia. The agreement will run through the end of 201 lwith an option to extend through 2012 with an extension in writing on, or prior to, August 1, 2011, Mayor Luecke noted the agreement works out the payment of past due bills in the amount of $134,221.60 that are the responsibility of the City. He noted there is still one issue that is being negotiated regarding artifacts acquired during the Hall's tenure. Attorney Dick Nussbaum was present and stated there were bond proceeds used to purchase the artifacts so he is working through the terms so as not to violate any issues of the regulations of the bonds. Therefore, Mr. Nussbaum stated he is asking for approval of the agreement subject to the terms being worked out. Mayor Luecke noted he missed the Century Center Board meeting in February, so he will need to get the agreement on their agenda in March for signature by the Century Center Board of Directors. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the agreement was ratified. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT -OF -WAY — INDIANA UNIVERSITY AT SOUTH BEND Mr. Gilot advised that the Board is in receipt of an encroachment request and revocable permit from Mr. Jeff Barnes, Wightman Petrie, on behalf of Indiana University to encroach onto the public right -of -way for the purpose of running conduit across 20'h Street. Mr. Barnes stated the conduit will run from the primary campus to the new I.U.S.B. Police Department. He noted the details of relocation and maintenance rights are still being worked out. Attorney Cheryl Greene informed the Board that Indiana University will cover the cost of relocation if it becomes necessary due to a conflict with a City utility. Mr. Gilot requested they work with Engineering and Legal to review the final plans and noted that Engineering would need to review the design of the manhole covers to make sure they meet legal requirements. Mr. Dave Rafinski, Wightman and Petrie, informed Mr. Gilot that there would not be any manhole covers in the right -of -way. Mr. Littrell questioned whether they would have the means to locate the wire without manholes. Mr. Rafmski acknowledged that they would. Mr. Gilot stated he would still like to make his motion to approve this subject to Engineering and Legal review, and receipt of the encroachment. Mr. Inks seconded the motion, which carried. OPENING OF BIDS — PLEASANT STREET SEWER SEPARATION PHASE 2 -- PROJECT NO. 109 -029 SEWERS This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: C &E EXCAVATING 53767 CR9 Elkhart, Indiana 46514 Bid was signed by: Mr. Thad Bessinger Non - Collusion Affidavit was in order Non- Discrimination Commitment Form was completed Five percent (5 %) Bid Bond was submitted BID: $1,424,629.00 HERRMAN & GOETZ D/B /A UNDERGROUND SERVICE 225 S. Lafayette Blvd, South Bend, Indiana 46601 Bid was signed by: Mr. Thomas Herrman