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HomeMy WebLinkAbout09272016 Board of Public Works MeetingAGENDA REVIEW SESSION SEPTEMBER 2016 299 - Release of Utility Easements — Danch and Harper Mr. Kerr stated this is a signing of the plat and release of City utility easements for Fire Station No. 4. Be noted they are releasing a 40' line and making it a 25' sewer line. - Amendments to Contracts — INDOT Mr. Roger Nawrot, Engineering, stated these increases are due to site conditions. He noted they will request 80% funding from INDOT and Change Order the cost depending upon how much INDOT covers. No other business came before the Board. Mr. Relos declared the meeting adjourned at 11:47 a.m. ATTEST: `�inda M. Martin, Jerk BOARD OF PUBLIC WORKS Gary A. Gilot, PPresident 1Tav,id P. Re1o5 , M embe' — *izabeth Member The�D ro , Mcmbr Jam/ A. Mueller, Member REGULAR MEETING SEPTEMBER 27 2016 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on September 27, 2016, by Board President Gary A. Gilot, with Board Members David Relos, Elizabeth Maradik, James Mueller, and Therese Doran present. Also present was Attorney Elliot Anderson. APPROVE MINLTES OF PREVIOUS MEETING Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Minutes of the Agenda Review Session, Regular Meeting and Claims Review Meeting of the Board held on September 8, 2016, September 13, 2016, and September 20, 2016, were approved. OPENLNG OF QUOTATIONS — REPLACEMENT LFD LUMINAIRES FOR STREET LIGHTS - PROJECI NO 116-086 (COITj Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotation was opened and read: ALL PRASE ELECTRIC SUPPLY 1385 N. Bendix Dr. South Bend, IN 46628 Quotation was submitted by: Larry Futa TJON: I Item No. hardware with Upon a motion made by Mr. Relos, seconded by Ms. Maradik slid carried, the above quotation was referred to the Street Department for review and recommendation. REGULAR MEETING SEPTEMBER 27 2016 300 OPENING OF QUOTATIONS — OLIVE STRFET LIGIITING OVER THE INDIANA TOLL ROAD — PROJECT NO 115-124 (COIT) Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotations were opened and read: MICHIANA CONTRACTING, INC. 7843 Lilac Road PO Box 929 Plymouth, IN 46563 Quotation was submitted by: Donald Wendel QUOTATION: $28,092.00 MARTELL ELECTRIC, INC. 4601 Cleveland Road South Bend, IN 46628 Quotation was submitted. by: Jennifer Brown QUOTATION: $54,117.10 Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the above quotations were referred to the Street Department for review and recommendation. AWARD QUOTATION — OLIVER PLOW PERGOLA — PROJECT NO 116-075 (LIABILITY INSURANCE FUND) Mr. Toy Villa, Engineering, advised the Board that on September 13, 2016, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Villa recommended that the Bond award the contract to the lowest responsive and responsible bidder, C & S Masonry Restoration, LLC, 3725 North Foundation. Court, Suite AB, South Bend, Indiana 46628, in the amount of $22,000.00. Therefore, Mr. Relos made a motion that the _ recommendation be accepted and the quotation be awarded as outlined above. Ms. Maradik seconded the motion, which carried. AWARD QUOTATION — LEIGHTON PLAZA PARKING GARAGE VENT PAN REPLACEMENT —PROJECT NO 116-091 (PARKING GARAGE FUND) Mr. Toy Villa, Engineering, advised the Board that on September 13, 2016, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Villa recommended that the Board award the contract to the lowest responsive and responsible bidder, Slatile Roofing Inc., 1703 South Ironwood Drive, South Bend, Indiana 46613, in the amount of $12,500.00. Therefore, Ms. Maradik made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Dorau seconded the motion, which carried. TABLE AWARD OF PROPOSAL— POLICE TOWING SERVICES Mr. Gilot advised that on September 13, 2016, one proposal was received and opened for the above referenced towing services. After review and scoring of the proposal by the Police and Legal Department, the review team recommended that the Board award the contract to the sole responsive and responsible contractor, ASAP Towing & Recovery, 1906/2010 South Olive Street, South Bend, Indiana 46615. Ms. Doran made a motion to approve the award, and Ms. Maradik seconded it. Mr. Gilot questioned if anybody wanted to speak before it was approved. Mr. Rick Hamilton, Hamilton Towing, stated he is protesting the bid, stating none of the towing vendors were given fair notice of the intent of the City to bid this out. He stated they didn't know _ until after the fact when the Police approached them and asked why they didn't submit a proposal. He stated he, and other towing companies have worked for the City for over twenty (20) years and you would assume they would have been notified of this. He questioned why only one (1) tow company was aware of this bid. Mr. Hamilton stated he and the other towing companies would like to have this opened up and re -considered. He noted he has four (4) other companies that have come up with a proposal to all work together as one (1). He added there is no way possible for one (1) towing company to handle all of the towing in the city. Ms. Becky Badders, ASAP Towing, stated this process has been looked at for years, noting the towing companies met four (4) years ago with then Police Chief Ronald Teachman. She stated the reason she knew about the Request for Proposals was because she has been reading the Board REGULAR MEETING SEPTEMBER 27 2016 301 agendas for the last four (4) years. Mr. Gilot asked Lieutenant Eugene Eyster if he had notified any of the towing companies. He stated this was handled by the Legal Department and was advertised two (2) consecutive times in the South Bend Tribune. He stated nobody had inquired about it. Mr. Hamilton stated he spoke to Attorney Michael Schmidt and asked why they were not informed, adding Mr. Schmidt told him the City wants as many vendors as possible because competition is good for the City. He reiterated "Why weren't we informed?" Mr. Gilot stated it's true that the City always wants competition, but he noted this was advertised twice and followed the legal process. He stated he ",cold recommend tabling this award until Attorney Schmidt can be present. Attorney Elliot Anderson stated he spoke with Mr. Schmidt prior to sitting in for him today, and Mr. Schmidt confirmed that all proper legal procedures were used for the advertising of the proposal. Mr. Gilot stated that on bid awards the Board has previously tabled thern if there was uncertainty, adding the Board reserves the right to award. Mr. Mueller noted the Board already made a motion to approve, but it was not voted on. The Board concurred that the motion to approve was in limbo. Mr. Gilot apologized but stated he needs to hear back from Attorney Schmidt, Therefore, Mr. Mueller made a motion that the award be tabled. Mr. Relos seconded the motion, which carried unanimously. APPROVE CHANGE ORDER NO 2 — CENTURY CENTER ELECTRICAL DISTRIBUTION UPGRADES —PROJECT NO 116-007 (HOTEL MOTEL TAX) Mr. Gilot advised that Mr. Richard Estes, Engineering, has submitted Change Order No. 2 on behalf of Days Electrical, 55169 County Road 3 North, Elkhart, Indiana 46514, indicating the Contract amount be increased by $1,376.00 for a new contract sum, including this Change Order, in the amount of $89,877.08. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — MARRIOTT HOTEL SITE DEVELOPMENT AT HALL OF FAME —PROJECT NO I16-021 (RWDA TIF) Mr. Gilot advised that Mr. Richard Estes, Engineering, has submitted Change Order No. I on behalf of Majority Builders, Inc., 62900 US 31 South, South Bend, Indiana 46614, indicating the Contract amount be increased by $87,580.45 and thirteen (13) additional calendar days for a new contract sum, including this Change Order, in the amount of $818,929.38 and a new completion date of October 14, 2016. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE. CHANGE ORDER NO. 1 — DEMOLTTION OF VACANT AND ABANDONED HOUSES, PHASE IX DIVISION A— PROJECT NO 116-074 fBDIT) Mr. Gilot advised that Mr. Kevin Fink, Engineering, has submitted Change Order No. I on behalf of Indiana Earth, Inc., 10343 McKinley Highway, Osceola, Indiana 46561, indicating the Contract amount be decreased by S14,550.00 for a new contract sum, including this Change Order, in the amount of $167,250.00, and an additional eleven (11) days be added to the project. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 1 — DEMOLITION OF VACANT AND ABANDONED HOUSES PHASE IX DIVISION C — PROJECT NO 116-074 (EDIT) Mr. Gilot advised that MT. Kevin Fink, Engineering, has submitted Change Order No. I on behalf of Indiana Earth, Inc., 10343 McKinley Highway, Osceola, Indiana 46561, indicating the Contract amount be increased by S 175.00 for a new contract sum, including this Change Order, in the amount of $103,575.00, and an additional eighteen days be added. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 5 — SOUTH BEND ONE-WAY TO TWO-WAY CONVERSION. DIVISION A — PROJECT N0. 116-00I (SSDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 5 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana 46614, indicating the Contract amount be increased by $83,286.98 for a new contract sum, including this Change Order, in the amount of $3,435,946.47. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 6 — SOUTH BEND ONE-WAY TO TWO-WAY CONVERSION DIVISION B— PROJECT NO. 116-001 TIFBOND REGULAR MEETING SEPTEMBER 27.2016 302 Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 6 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana 46614, indicating the Contract amount be increased by $363,165.83 for a new contract stun, including this Change Order, in the amount of $16,954,944.70. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE CIIANGE ORDER NO. 7 — SOUTH BEND ONE WAY TO TWO WAY CONVERSION, DIVISION B — PROJECT NO. 116-001 (TIF BOND) Mr. Oiler advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 7 on behalf —. of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana 46614, indicating the Contract amount be increased by $293,073.61 for a new contract sum, including this Change Order, in the amount of $17,248,018.31. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — WASTEWATER TREATMENT PLANT BELT FILTER PRESS NO. 2 REIIABILITATION — PROJECT NO 115-082 (ENVIRONMENTAL SERVICES AND WASTEWATER MAINTENANCE AND REPAIRS) Mr. Gilot advised that Mr. Jacob Klosinski, Environmental Services, has submitted Change Order No. 1 (Final) on behalf of Alfa Laval, Inc., 10470 Deer Trail Drive, Houston, Texas 77038, indicating the contract amount be decreased by $5,000.00 for a new contract sum, including this Change Order, of $193,087.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $183,087.00. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, Change Order No. I (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT —2015 TRAFFIC DETECTOR LOOPS —PROJECT NO. 115-045 (MVH) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 (Final) on behalf of Martell Electric, LLC, 46601 Cleveland Road, South Bend, Indiana 46628, indicating The contract amount be decreased by $7,193.05 for a new contract sum, including this Change Order, of $79,171.20. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $79,171,20, Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO 3 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — HILL STREET & COLFAX AVENUE ON SITE IMPROVEMENTS — PROJECT NO 113- 033 (REDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 (Final) on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating the contract amount be decreased by $5,190.91 for a new contract sum, including this Change Order, of $182,715.29, Additionally submitted was the Project Completion Affidavit indicating this new final cost of $182,715 29. Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, Change Order No. 3 (Final) and the Project Completion Affidavit were approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — JMS BUILDING NEW NORTH STAIR TOWER — PROJECT NO 116-098 (RWDA TIFI In a memorandum to the Board, Mr. Richard Estes, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Therefore, upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2016 PARKING GARAGE IMPROVEMENTS — PROJECT NO 115-143 (PARKING GARAGE FUND) In a memorandum to the Board, Mr. Richard Estes, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the above request was approved. REGULAR MEETING SEPTEMBER 27.2016 303 APPROVAL OF TITLE SHEET — BRADFORD SHORES SECTION THREE In a memorandum to the Board, Mr. Richard Estes, Engineering, requested approval and execution of the Title Sheet for the above referenced project. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 42-2016 —A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ESTABLISHING PARKING RATES FOR PUBLICLY OWNED PARKING FACILITIES IN THE CITY OF SOUTH BEND Mr. Aaron Perri, Director of Parks and Recreation, stated this resolution requesting to change the rates for all city -owned parking facilities is the result of a parking study. He noted once the Board approves the resolution, the rate increase will go before the Common Council. 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.42-2016 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ESTABLISHING PARKING RATES FOR PUBLICLY OWNED PARSING FACILITIES IN THE CITY OF SOUTII BEND, INDIANA WHEREAS, Ind. Code 36-9-11-7 authorizes the Board of Public Works (the "Board") to fix the rates and charges to be collected for the parking of vehicles in parking facilities owned and operated by the City of South Bend (the "City"), or for any other use of those parking facilities, and to adopt rules governing the use and operation of the parking facilities so as to promote the maximum use of the parking facilities by the public in a safe, orderly, and efficient manner; and WHEREAS, the Board desires to establish the rates, charges, and rules set forth herein and will submit the same for approval by the South Bend Common Council in accordance with Ind. Code 36-9-11-7(a). NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The following monthly parking rates will be charged for vehicles parked at City - operated garages with a monthly parking pass: Old Rate New Rate A. Standard Monthly Pass (per vehicle for parking in $45.00 $55.00 spaces not designated as reserved) B. Premium Monthly Pass (per vehicle for parking in $55.00 $90.00 spaces designated as reserved) C. Part -Time Monthly Pass (per vehicle for parking in None S30.00 designated part-time spaces for a total of no more than 25 hours per week) D. Residential Monthly Pass (per vehicle for parking in None $40.00 designated residential spaces, limited to users residing within the boundary of the Central Business District as defined in accordance with South Bend Municipal Code Section 21-01.02, as the same may be amended from time to time) 2. The following hourly parking rates will be charged for vehicles parked at City - operated garages without a monthly parking pass: Old Rate New Rate <2hours $0.00 $0.00 2-3 Hours $3.00 $4.00 3-4 Hours $4.00 $6.00 5-8 Hours $5.00 $8.00 REGULAR MEETING SEPTEMBER 27, 2016 304 > 8 Hours $5.00 $10.00 Nights/Weekends $0.00 $0.00 Special Events $5.00 $5.00 3. Permitting access to City -operated facilities, designating parking spaces in City - operated facilities for particular parking purposes, issuing or renewing parking passes for parking in City -operated facilities, and all other functions incidental to managing City -operated parking facilities lie in the sole discretion of the Board of Public Works or its designee. Unless otherwise designated, parking spaces in the City -operated facilities will be allocated to users on a first - wine, first -served basis. In the event the demand for parking spaces exceeds the supply of parking spaces in the City -operated facilities, priority for parking spaces in the City -operated facilities will be given to users who pay for a monthly pass, provided payment is timely and current. Each monthly parking pass will be designated for use in only one (1) City -operated facility. Each holder of a monthly parking pass must register his or her vehicle by completing a vehicle identification form and must prominently display the monthly parking pass in the registered vehicle at all times when parked in the City -operated facility. 4. The effective date of the rates, charges, and rules established in this Resolution will be January 1, 2017, conditioned upon approval by the South Bend Common Council in accordance with Ind. Code 36-9-11-7(a). ADOPTED at a meeting of the South Bend Board of Public Works held on September 27. 2016, 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/ F,lizabcth A. Maradik s/ Therese J. Dorau sl James A. Mueller ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 44-2016 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF THE WAYNE STREET PARKING GARAGE FROM THE SOUTH BEND REDEVELOPMENT COMMISSION ACCEPTING THE ASSIGNMENT OF CERTAIN PARKING GARAGE RELATED .AGREEMENTS FROM THE SOUTH BEND REDEVELOPMENT COMMISSION AND APPROVING AN AGENCY AGREEMENT WITH THE SOUTH BEND BOARD OF PARK COMMISSIONERS FOR PARKING GARAGE MANAGEMENT AND PARKING ENFORCEMENT Mr. Aaron Perri, Director of Parks and Recreation, stated at one time the Park Department was in charge of city -owned parking garages, and this resolution brings it full circle back to the Park Department. 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.44-2016 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ACCEPTING TIM TRANSFER OF THE WAYNE STREET PARKING GARAGE FROM THE SOUTH BEND REDEVELOPMENT COMMISSION, ACCEPTING THE ASSIGNMENT OF CERTAIN PARKING GARAGE -RELATED AGREEMENTS FROM TIM SOUTH BEND REDEVELOPMENT COMMISSION, AND APPROVING AN AGENCY AGREEMENT WITH THE SOUTH BEND BOARD OF PARK COMMISSIONERS FOR PARKING GARAGE MANAGEMENT AND PARKING ENFORCEMENT WHEREAS, the City of South Bend, Indiana, Board of Public Works (the `Board") has custody of and may maintain real property owned by the City of South Bend, Indiana (the "City' pursuant to Ind. Code 36-9-6-3 and may maintain and operate municipal parking facilities pursuant to Ind. Code 36-9-11; and REGULAR MEETING SEPTEMBER 27.2016 305 WHEREAS, the South Bend Redevelopment Commission, the governing body of the City of South Bend, Indiana, Department of Redevelopment (the "Commission"), exists and operates pursuant to Ind. Code 36-7-14; and WHEREAS, on September 15, 2016, the Commission adopted its Resolution No. 3361 providing for the transfer of the parking facility located at 121 E. Wayne Street in the City and commonly known as the Wayne Street Parking Garage (the "Wayne Street Garage") to the Board and thereunder executed a warranty deed conveying the Wayne "Warranty Deed"); and Street Garage to the Board (the WHEREAS, the Board desires to accept the Commission's conveyance of the Wayne Street Garage to the Board consistent with the Board's powers under Ind. Code 36-9-11; and WHEREAS, in order to consolidate and clarify certain contractual arrangements concerning the Wayne Street Garage, the parking facility located at 126 N. Main Street (the "Main Street Garage"), and the parking facility located at 109 W. Jefferson Boulevard (the "Leighton Garage") (collectively, the "Garages"), the Commission's Resolution No. 3361 provided for the assignment of certain Garage -related agreements to the Board, and the Commission executed that certain Assignment And Assumption Of Garage -Related Agreements, attached hereto as Exhibit A (the "Assignment"); and WHEREAS, the Board desires to accept the Commission's assignment of certain agreements pertaining to the Garages as set forth in the Assignment; and WHEREAS, the Board desires to appoint the City of South Bend Parks and Recreation Department, acting by and through its Board of Park Commissioners (the "Parks Department"), as the Board's agent to manage and to contract for the management of parking operations in the Garages and, pursuant to the Board's authority under South Bend Municipal Code Sec. 20-17, to contract for the enforcement of parking regulations in the Garages and on public rights -of -way; and NOW, THEREFORE, BE 1T RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 5. The Board hereby approves and accepts the Commission's conveyance of the Wayne Street Garage to the Board. 6. The Board hereby approves, and will execute simultaneously with this Resolution, the Assignment attached hereto as Exhibit A. 7. The Board hereby approves, and will execute simultaneously with this Resolution, the Agency Agreement between the Board and the Parks Department (the "Agency Agreement") attached hereto as Exhibit B. 8. The Board hereby authorizes and instructs David Relos, a member of the Board, to accept the Warranty Deed for the Wayne Street Garage, to deliver the Agency Agreement to the Parks Department, and to take on behalf of the Board all necessary administrative actions to accomplish the purposes of this Resolution, including recordation of the Warranty Deed in the Office of the Recorder of St. Joseph County. 9. This Resolution will be in fall force and effect upon its adoption by the Board. ADOPTED at a meeting of the South Bend Board of Public Works held on September 27, 2016, 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 REGULAR MEETING SEPTEMBER 27, 2016 306 s/ James A. Mueller ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 47-2016 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS APPROVING AND ACCEPTING THE TRANSFER OF PERSONAL PROPERTY WITH THE CITY OF SOUTH BEND BOARD OF PARKS COMMISSIONERS — Upon a motion made by Ms. Maradik, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 47-2016 A RESOLUTION OF CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING AND ACCEPTING THE TRANSFER OF PERSONAL PROPERTY WITH THE CITY OF SOUTH BEND BOARD OF PARKS COMMISSIONERS WHEREAS, the South Bend Board of Public Works (the "Public Works"), the contracting body of the City of South Bend, Indiana (the "City"), which exists and operates under the provisions of I.C. 36-9-6 (the "Act"), holds certain personal property; and WHEREAS, the City of South Bend, Indiana, Parks and Recreation Department, by and through its Board of Park Commissioners (the `Board"), holds certain personal property; and WHEREAS, pursuant to I.C. 36-1-11-8, Public Works and the Board may transfer or exchange property with one another upon terms and conditions agreed upon by the entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the Boardagrees to the transfer the personal property described and attached hereto as Exhibit A to Public Works; and WHEREAS, the Board agrees to accept the transfer of the personal property as described and attached hereto as Exhibit A from Public Works; and WHEREAS, the Board is expected to adopt a corresponding resolution consistent with I.C. 36-1-11-8. NOW, THEREFORE, BE IT RESOLVED BY THE SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: I. The transfer of personal property from the Board to Public Works as described in Exhibit A attached is hereby authorized and approved. 2. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the City of South Bend Board of Public Works held on September 27, 2016, on the iP Floor of 227 W. Jefferson Boulevard, South Bend, IN 46601 ADOPTED at a meeting of the South Bend Board of Public Works held on September 27, 2016, 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. Doran s/ James A. Mueller ATTEST: s/Linda M. Martin, Clerk REGULAR MEETING SEPTEMBER 27 2016 307 APPROVAL OF AGREEMF,NTS/CONTRACTS/PROPOSAi S/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for a royal: Type Business Description Amount/ Motion/ Agreement Lexipol, LLC Fire Department Funding 59,750.00 Second Relos/Maradik Operating Policy & (Fire Procedure Manuals and Department Updates and Daily Other Training Bulletins Professional Services Contract NeazNorthwest Aequisition/Rehabilitation $184,500 Maradik/Relos Neighborhood, Activity at 829 Van Buren (CDBG) Inc. Street Contract Near Northwest Acquisition/Rehabilitation $184,500 Maradik/Relos '_Neighborhood, Activity at 725 Ilarrison (CDBG) Inc. Avenue Amendment to Greeley and Wastewater Treatment ($5,500) Maradik/Relos Professional Hansen, LLC Plant Digester Gas (Utilities, Services I Rilization Reduction in Wastewater, A reement Sco e Ca ital Professional McCormick Bowen Street Drainage $38,260 Relos,Maradik Services Engineering, Improvements (SSDATIF) Subject to Agreement LLC Redevelopment Commission QPA Purchase Insight Public Police Department In -Car $162,297.90 Appro al Relos/Marad k Sector Camera Systems, (Non - Software Installation, and reverting, Migration of Videos from Grant) Old Camera System Matching INDOT Local Roads and Bridges 50% of the RelosiMaradik Grant Matching Grant for Projects Agreement Paving East Edison Rd, Eligible Costs from Hickory Rd. to Duey ('total Grant Ave. and South Ironwood Limited to Dr. from Mishawaka Ave. $1,000,000) w East McKinley Ave Release of Danch, Hamer Release of Utility N/A Relos/Mazadik Utility and Associates Easement Rights for the Easements Vacated Alley and Carlisle Street, South of Linden Ave., East of Olive St., and North of Orange St. for Construction of Fire Station No. 4 Agency South Bend Appoint Board of Park N/A Relos/Maradik Agreement Board of Park Commissioners to Act on Commissioners Board of Works' behalf for Management and Operations of Parking Facilities at 126 No. Main St., 109 W. Jefferson Blvd., and 121 E. Wayne St. Assignment Redevelopment Accept from N/A Relos/Mazadk and Commission Redevelopment Assumption of Commission the Garage Related Assignment of Agreements Ground Leases, Retail Leases, and Retail REGULAR MEETING SEPTEMBE^R 27, 2016 308 Management Agreement relating to the Parking Facilities at 109 West Jefferson Boulevard and 121 East Wayne Street Agreement Indiana Conversion of 3 Phase $3,694.64 Relcs/Maradik Michigan Power Service to Single (COLT) Power Phase Service for the Company Olive Road Lighting over the Indiana Toll Road Amendment to INDOT Harrison Primary School: $24,127.82; Maradik/Relos Contract Safe Routes to School New Total of $1,051,745.17 (LRSA) Amendment to INDOT Coquillard Primary $89,578.55; Maradik/Relos Contract School: Safe Routes to New Total of School $586,406.55 (LRSA) $84,480 Lease/Purchase ENS Group Appliance and Software Relos/Maradik Agreement Licensing Subscription for for 5 Years Malware Protection (Subject to IT Capital Lease Lease/Purchase ENS Group Replacement Equipment S136,680.35 Relos/Maradik Agreement for Network Switching (Subject to IT Gear and ASA Fir_ewall Capital Lease Professional ENS Group Replacement of S24,000 Relos/Maradik Services Equipment for Network (IT Agreement Switching Gear and ASA Professional Firewall Services) Amendment to Adoxio Adjust the Go Live Date $47,950 Relos/Maradik Professional Business to September 27, 2016 (IT Services Solutions Professional Agreement Services) Amendment to Dale Extend the Term of the No Change Maradik/Relos Professional Clingerman Agreement from Services September 16, 2016 to Agreement October 29, 2016 for Inspection Services for One -Way to Two -Way Conversion Sewer and Adams Road Set Terns to provide N/A Relos/Maradik Water Service Development II Sewer and. Water Service Agreement Corporation to Bradford Shores APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were resented Par approval Applicant Description Date/Time Location Motion Carried UAW Local 9 Non- October 5, Westmoor St. from 20 Maradik/Relos Residential 2016; 3:00 Feet East of Gate 9 to Block Party: p.m.-7:00 p.m. Bendix Drive Rally The Color Procession: October 8, On Route as submitted Relos/Maradik Run/Jess The Color Run 2016; 7:00 a.m. Nelson — 4:00 p.m. Hot Digity License: Open August 25, Jefferson Blvd. & Maradik/Relos Dogs Air Business 2016 through Michigan Street in the January 31, Studebaker Plaza 2017;11:00 a.m.-12:00 a.m. REGULAR MEETING SEPTEMBER 27 2016 309 FAVORABLE RECOMMENDATION PETITION TO VACATE THE FIRST ALLF,Y SOUTH OF WESTERN WESTOF WALNUT TO FIRST NORTH/SOUTH ALLEY Mr. Gilot indicated that Francisco Ortiz, 429 Walnut Street, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley in order to expand his store at 429 Walnut Street Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering, provided that the applicant secure and stabilize a narrow chamfer of property for the city as either an easement or right-of- way so vehicles can turn on/off the cast/west segment. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Relos made a motion recommending approval of the request for vacation subject to the Engineering recommendation for a chamfer. Ms. Maradik seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH/SOUTH ALLEY NORTH OF INDIANA AVENUE BETWEEN WEBSTER AND SWYGART STREET UP TO EAST/WEST ALLEY Mr. Gilot indicated that Jason Simbeck, 1317 West Indiana Avenue, South Bend, Indiana 46613 has submitted a request to vacate the above referenced alley to clean up and improve the appearance. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, and Community Investment, provided that vacation does not complicate alley access for property owners north of the east -west alley. Engineering recommended favorable subject to the existing utility pole remaining accessible for maintenance and repair, and provided that the applicant secure and stabilize a narrow chamfer of property at the "T" alley intersections so vehicles can turn on and off the east/west segment. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Relos made a motion recommending approval of the request for vacation. Ms. Maradik seconded the motion which carried. UNFAVORABLE RECOMMENDATION - PETffION TO VACATE THE NORTIVSOUT14 ALLEY JUST EAST OF 2802 CALVERT STREET WEST OF PROSPECT NORTH OF DELAWARE STREET Mr. Gilot indicated that Maria and Rafael Gareilazo, 2802 West Calvert Street, South Bend, Indiana, have submitted a request to vacate the above referenced street to clean it up. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission; Police Department, and Solid Waste. Community Investment noted there we other property owners that will lose access to the street and gave a favorable recommendation subject to their approval. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Engineering who stated this was submitted as an alley vacation, but this is actually a paper street (Kaley Street) and a storm sewer is located in the south end of the street which leads to a retention area approximately 900 feet south of Calvert Street, Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Ms. Maradik made a. motion recommending an unfavorable recommendation of the request for vacation, noting there are numerous properties with different owners that will lose access. Mr. Relos seconded the motion which carried. REGULAR MEETING SEPTEMBER 27, 2016 310 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Relos, seconded by Ms. Dorau and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 2211 South Michigan REMARKS: All criteria has been met. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following traffic control device was approved: REVISION: All way Stop Configuration with New Stop Signs, All -Way Placards and Reflectorized Strips on Sign Posts LOCATION: Intersection of IIoward Street, East North Shore Drive and North Niles Avenue REMARKS: All criteria has been met. Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following traffic restriction was approved: TRAFFIC RESTRICTION: Parking on Both Sides of Street APPLICANT: Temple Beth-F,l EVENT: Rosh Ilashanah and Yom Kippur Iloly Days LOCATIONS: Both Sides of 300 Block of West Madison Street and Temple Block of North Lafayette Street DATES/TIMES: a) Sunday, October 2, 2016, 7:00 p.m. — 11:00 p.m. b) Monday, October 3, 2016, 9:00 a.m. — 3:00 p.m. c) Tuesday, October 11, 2016, 7:00 p.m. —11:00 p.m. d) Wednesday, October 12, 2016, 9:00 a.m. — 6:30 p.m. REMARKS: Favorable Recommendations DENY TRAFFIC CONTROL REQUEST Upon a motion made by Mr. Relos, seconded by Ms. Maradik and carried, the following traffic control request was denied: NEW INSTALLATION: Residential Parking Zone LOCATION: 100 East Block of Donald Street REMARKS: Traffic Study concluded Criteria has not been met, recommend Denial. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — BRADFORD SHORES, SECTION III SEWER/WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by David H. Eckrich, Adams Road Development II Corporation, 51013 Gumwood Rd., Granger, Indiana 46530. The Consent indicates that in consideration for permission to tap into public water and sanitary sewer system of the City, to provide water and sanitary sewer service to the above referenced subdivision at Bradford Shores, Section III (Key 4 71-04-18-200-001.000-003/002-1014-0273), the Adam's Road Development If Corporation (David Eckrich) waive(s) and release(s) any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Relos made a motion that the Consent be approved. Ms. Maradik seconded the motion, which carried. APPROVE IRREVOCABLE LETTER OF CREDIT — ADAMS ROAD DEVELOPMENT II CORPORA'IlON Ms. Donna Hanson, Division of Engineering, submitted the following irrevocable Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO.: 260 ISSUED BY: PEOPLES BANK OF KANKAKEE COUNTY FOR: ADAMS ROAD DEVELOPMENT II CORPORATION AMOUNT: $227,765 EXPIRES: SEPTEMBER 19, 2017 IMPROVEMENT BRADFORD SHORES, SECTION III REGULAR MEETING SEPTEMBER 27, 2016 311 Mr. Relos made a motion that the Letter of Credit, as outlined above, be approved. Ms. Maradik seconded the motion, which carried. RATIFY APPROVAL AND/OR RFLEASE EXCAVATION AND OCCIJPANCY BONDS Ms. Donna Manson, Division of Engineering, recommended that the following Excavation and Occupancy Bonds be ratified pursuant to Resnlntinn I00-1000 —Al— _.n,..,..eA .... V-11------ Business Bond Type A roved/ Released uvwa. Effective Date Pioneer Masonry Inc. Excavation Approved I September 1, 2016 R & R Excavating, Inc. Excavation Ap roved I July 8, 2016 Absolute Plumbing Heating Cooling, Excavation Approved August 30, 2016 LLC Precision Wall S stems, Inc. Occu ancy Release October 13, 2016 Mr. Relos made a motion that the bonds approval and/or release as outlined above be ratified. Ms. Maradik 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 accurac . Name Amount of Claim Date City of South Bend $678 09/22/2016 City of South Bend $1,777,968.60 09/27/2016 City of South Bend $5,312,819.35 09/09/2016 City of South Bend (bank debit) $28,695.00 09/21/2016 City of South Bend $5,180,267.49 09/23/2016 2015 EDIT/Parks Bond Affidavit for Payment 424 $10,400.00 09/21/2016 Banc of America Public Capital Corp Disbursement $750.00 09/21/2016 Request #37 TeleRad Invoice 874421, 874422 Banc of America Public Capital Corp Disbursement $18,264.00 09/21/2016 Request 438 Stop Stick, Ltd, Invoice 40007424-IN St. Joseph County Housing Consortium $25,745.94 528,366.50 09/15/2016 09/15/2016 St. Joseph County Housing Consortium St. Joseph County Housing Consortium $60,000.00 09/15/2016 St. Joseph County Housing Consortium $45,000.00 09/15/2016 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. ADJOITRNMENT 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 10:29 a.m. BOARD OF PUBLII�C WORKS Gary A. Giiot, President REGULAR MEETING SEPTEMBER 27,201 312 Jam A. Mueller, Member ATTEST: da M. Martin, Clerk