12/11/12 Board of Public Works Minutes

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REGULAR MEETING DECEMBER 11 2012 380 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, December 11, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Kathryn E. Roos, Michael Mecham and Mark Neal present. Also present was Board Attorney Cheryl Greene. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition of two Professional Services Agreements and one Amendment to a Professional Services Agreement to the agenda. PUBLIC HEARING — TRANSIENT MERCHANT LICENSE APPLICATION — SHALLOW CONCESSIONS Mr. Gilot opened the Public Hearing and advised that this was the date set for the Board's Public Hearing concerning an application for a Transient Merchant License from Shallow Concessions, 391 Witte Road, Troy Missouri 63379, for the sale of Notre Dame Fighting Irish souvenirs and merchandise at the BP Station at 5317 Western Avenue and the Marathon Station at 111 East Ireland Road. He noted recommendations were received from the Fire Department, Building Department, and the Police Department. The Police Department stated it had concerns with traffic flow at these intersections and the lack of parking. They also requested confirmation that the products being sold were authentic and the NCAA and Notre Dame's legal department had granted them rights to sell the products. The Fire Department stated the tent and its placement must meet the requirements of Chapter 24 of the 2006 International Fire Code. Mr. Barry Dantzer, Shallow Concessions, stated their tent comes with a flame resistant certificate and will meet the Fire Department requirements. He added that all of the wholesalers they purchase their merchandise from are licensed to sale the merchandise. Ms. Michelle Adams, Licensing, stated she contacted Notre Dame's licensing department and they can confirm if the companies are licensed or not. Mr. Tom Gerard, Shallow Concessions, informed the Board the State doesn't license retailers, just the merchandise. Mr. Mike Shallow, Shallow Concessions, stated he met with the Building Department and they have approved the plan for the placement of the tent. He noted they really don't expect traffic to get out of control; they generally don't draw that much traffic. Ms. Greene stated they have met the legal requirements and the Police Department and Fire Department concerns; it is up to the Board on the traffic flow issue. She noted just the licensing of the product would need follow -up. Mr. Gilot asked Mr. Mecham if he could arrange to have the locations observed by Police and closed down if it becomes a traffic hazard at peak traffic hours. Mr. Mecham stated he would follow -up. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the license application was approved subject to review of traffic by Police and verification of authentic products. Ms. Greene informed the owners of Shallow Concessions that the license is revocable if the regulations are not met. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the minutes of the Agenda Review Session on November 15, 2012; the Regular Meeting on November 20, 2012, and the Claims Review meetings on November 26, 2012 and December 4, 2012 were approved. OPENING OF BIDS — PRIMARY CLARIFIER REHABILITATION AND EQUIPMENT UPGRADES -- PROJECT NO. 111 -071 WASTEWATER CAPITAL 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: WALSH CONSTRUCTION COMPANY II LLC 1260 East Summit Street Crown Point, Indiana 46307 Bid was signed by: Mr. Sean Walsh Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non- Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted Five percent (5 %) Bid Bond was submitted BID: $5,800,000.00