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Home My WebLink About11222016 Board of Public Works AgendaAGENDA REVIEW SESSION NOVEMBER 17, 2016 363 ATTEST: ( t,inoa ?VJ4-c r— REGULAR MEETING NOVEMBER 22, 2016 The Regular Meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, November 22, 2016, by Board President Gary A. Gilot, with Board Members a.m.Suzaon TuesFritzday, and Therese Durso present Board Members Elizabeth Maradik and James Mueller were absent. erg Also present was Board Attorney Michael Schmidt. ADDITION TO THE AGENDA Mr. Gilot noted the addition of Resolution No. 55-2016 to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried., the Minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on November 3, November 8, and November 15, 2016, were approved. APPROVE 2017 HOLIDAY SCHEDULE FOR CITY EMPLOYEES In. a memo to the Board, Mr. John Murphy, City Controller, submitted the following 2017 Holiday Schedule for City employees, which was approved by Mayor Buttigieg. Mr. Murphy noted the Holiday Schedule will consist of nine (9) designated holidays and one (I) additional non -designated floating holiday, for a total of ten (10) holidays. The designated holidays are as follows: New Year's Day Observed Monday, January 2, 2017 Martin Luther King, Jr. Day Monday, January 16, 2017 Memorial Day Monday, May 29, 2017 Independence Day Tuesday, July 4,2017 Labor Day Veteran's Day Observed Monday, September 4, 2017 Friday, November 10, 2017 Thanksgiving Day Thursday, November 23, 2017 Day after Thanksgiving Friday, November 24, 2017 Christmas Day Monday, December 25, 2017 In addition to the nine (9) designated holidays above, employees may choose one (1) additional floating holiday subject to South Bend Municipal Code Sec. 2-121 (a), which can be any day of the employee's choosing subject to their supervisor's pre -approval. Upon a motion by Ms. Doran, seconded by Ms. Fritzberg and carried, the 2017 Holiday Schedule was approved as presented. OPENING OF QUOTATIONS — 12'FLOOR REMODEL PROJECT NO 116 125 (OTHER PROFESSIONAL SERVICES) 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: BROWN AND BROWN GENERAL CONTRACTORS INC. 124 S Elkhart St., PO Box 487 Wakarusa, IN 46573 Quotation was submitted by Eric Brown QUOTATION: $47,447.00 ZIOLKOWSHI CONSTRUCTION INC. 4050 Ralph Jones Drive South Bend, IN 46628 Quotation was submitted by Bill Favors REGULARMEF.TING NOVEMBER22 2016 364 QUOTATION: $56,025 Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above Quotations were referred to Engineering for review and recommendation. After review of the quotations, Mr. Toy Villa, Engineering, requested to award the quote. The Board noted the award was not listed on the agenda. They were questioned if it is necessary for the Board to make the award based on the dollar amount. Attorney Schmidt stated per IC 36-I-12-5, the Board is required to make the award. He added the Board has the authority to add this to the agenda, but they didn't announce it at the start of the meeting. He stated since it was not clearly — noted, they should not award today. Mr. Villa stated there is no rush, it can wait until the next regular Board meeting. OPENING OF QUOTATIONS — 2016-2017 TRAFFIC DETECTOR LOOPS — PROJECT NO 116-032 (LRSA) 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: PEMBERTON DAVIS ELECTRIC, INC. 916 E McKinley Avenue Mishawaka, IN 46545 Quotation was submitted by John Ferro QUOTATION: $36,225.00 MARTELL ELECTRIC, LLC 4601 Cleveland Road South Bend, IN 46628 Quotation was submitted by Jennifer Brown QUOTATION: $35,871.00 Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above Quotations were referred to Engineering for review and recommendation. OPENING OF QUOTATIONS — 2016'1 RAFFIC CALMING SOLAR SPEED INDICATORS — PROJECT NO. 116-035 (LRSA) 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: MARTELL ELECTRIC, LLC 4601 Cleveland Road South Bend, IN 46628 Quotation was submitted by John Martell QUOTATION: $27,312.00 MICIHANA CONTRACTING. INC. 7843 Lilac Road Plymouth, IN 46563 Quotation was submitted by Donald Wendel QUOTATION: $29,940.00 Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above Quotations were referred to for review and recommendation. OPENING OF PROPOSALS — HVAC PRF,VENTA'FIVE MAINTENANCE PLAN FOR VENUES_ PARKS AND ARTS (MULTIPLE DEPARTMENTS' OPLRATINC BUDGETS) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Proposals for the above referenced project. Mr. Gilot stated the proposals will be reviewed and scored based REGULAR MEETING NOVEMBFR 22 201622 2016 365 on a matrix system, by a team made up of representatives from each venue. He read the names of the following companies into the record: HERMANN & GOETZ. INC 225 S Lafayette Blvd South Bend, N 46601 Proposal was submitted by Bill LaVelle DYNAMIC MECHANICAL SERVICES INC. 1606 Chestnut St. Mishawaka, IN 46545 Proposal was submitted by Kevin Conery D.A. DODD 14 E Michigan St. PO Box 430 Rolling Prairie, IN 46371 Proposal was submitted by Tom Heintzbcrger HAVEL 3210 Sugar Maple Court South Bend, IN 46628 Proposal was submitted by Chad Ladyga IDEAL CONSOLIDATED INC. 4601 Cleveland Road South Bend, IN 46628 Proposal was submitted by John Martell Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above proposals were referred to the review team for review and recommendation. OPENING OF PROPOSALS - WASTE MANAGEMENT AND RECYCLING SERVICES FOR VENUES PARKS AND ARTS (MLLTIPLE DEPARTMEN'1'S) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Proposals for the above referenced project. Mr. Gilot stated the proposals will be reviewed and scored based on a matrix system, by a team made up of representatives from each venue. He read the names of the following companies into the record: WASTE MANAGEMENT 20645 Ireland Road South Bend, IN 46614 Proposal was submitted by Tammy McKamey MICHIANA RECYCLING & DISPOSAL SERVICES 33541 Reum Road Niles, Ml 49120 Proposal was submitted by Scott Shiveley REPUBLIC SERVICES 2500 Green "Tech Drive South Bend, IN 46613 Proposal was submitted by Eleanor Rose "- Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above proposals were referred to the review team for review and recommendation AWARD BID - 2016 PARKING GARAGE IMPROVEMENTS - PROJECT NO. 115-143 (MAJOR MOVES) Mr. Rich Estes, Engineering, advised the Board that on November 8, 2016, bids were received and opened for the above referenced project. After reviewing those bids; Mr. Estes recommended that the Board award, the contract to the lowest responsive and responsible bidder Gibson -Lewis. REGULAR MEETING NOVEMBER 22, 2016 366 LLC, 1001 W. 1Ith Street, Mishawaka, Indiana in the amount of $1,145,000,00. Mr. Estes noted $529,380 will be paid from the 2016 Major Moves fund and $615,620 from 2017's budget. Therefore, Ms. Dorau made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Fritzberg seconded the motion, which carried. AWARD BID -- CURB AND SIDEWALK CONSTRUCTION, PHASE II — PROJECT NO 116-029A (MVH) Mr. Kevin Fink, Engineering, advised the Board that on November 8, 2016, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Fink recommended that the Board award the contract to the lowest responsive and responsible bidder, Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, Indiana, in the following not to exceed amounts: (1) Division E: S32,868; Base Bid and Alternate 1 (2) Division F: $35,655; Base Bid and Alternate 1 (3) Division G: $14,586; Base Bid only (4) Division H: $14,959; Base Bid only (5) Division I: $37,360; Base Bid and Alternate Mr. Fink noted there was a $20 error in the math on Division F that shows a discrepancy between the award amount and the amount on the agenda- Therefore, Ms. Dorau made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Fritzberg seconded the motion, which carried AWARD BID AND APPROVE CONTRACT — BERLIN PLACE SITE DEVELOPMENT — PROJECT NO. 116-089 (RWDA TIF) Mr. Richard Estes, Engineering, advised the Board that on November 17, 2016, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Estes recommended that the Board award the contract to the lowest responsive and responsible bidder HRP Construction, Inc., 5777 Cleveland Road, PO Box 266, South Bend, Indiana, 46624, in the _ amount of S490,500. Therefore, Ms. Doran, made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined. above, Ms. Fritzberg seconded the motion, which carried. AWARD QUOTATION — RANDOLPH STREET BASIN EMERGENCY REPAIRS PROJECT NO. 116-083D (COIT) Mr. Roger Nawrot, Engineering, advised the Board that on October 20, 2016, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Nawrot recommended that the Board award the contract to the lowest responsive and responsible bidder, HRP Construction Co., Inc., 5777 Cleveland Road, PO Box 266, South Bend, Indiana, in the amount not to exceed $189,683.30, subject to funding. Therefore, Ms. Dorau made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Fritzberg seconded the motion, which carried. APPROVE CHANGE ORDER NO. 3 — MARRIOTT HOTEL SITE DEVELOPMENT AT HALL OF FAME, PHASE I - PROJECT NO 116-021 (RWDATIF) Mr. Gilot advised that Mr. Richard Estes, Engineering, has submitted Change Order No. 3 on behalf of Majority Builders, 62900 US 31 South, South Bend, Indiana, indicating the Contract amount be increased by $1,267.49 for a now Contract sum, including this Change Order, in the amount of $820,196.87, Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — WASTEWATER TREATMENT PLANT GRIT AND SCREENINGS IMPROVEMENTS — PROJECT NO 114-075 (ENVIRONMENTAL SERVICES TREATMENT & DISPOSAL) Mr. Gilot advised that Mr. Jacob Klosinski, Division of Utilities, has submitted Change Order No. 1 on behalf of Thieneman Construction, Inc., 521 W. 84" Drive, Ste. A, Merrillville, Indiana, indicating the contract amount be increased by $2,597.84 for a new contract sum, including this Change Order, in the amount of $1,148,597.84, Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the Change Order was approved. REGULAR MEETING NOVEM13ER22 2016 367 APPROVE CHANGE ORDER NO. 9 — SOUTH BEND ONE-WAY TO TWO-WAY CONVERSION DIVISION B — PROJECT NO. H 6-001 (TIF BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 9 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, Indiana, indicating the intermediate completion date be moved to November 23, 2016 to allow for additional work to be done while the weather holds out. Mr. Villa noted the time is not being added to the contract final completion date, rather Rieth-Riley will make adjustments to their schedule. Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 2 (FINAL) AND PROJECT COMPi ETION AFFIDAVIT p—2016 YARD LAMPPOST PROGRAM —PROJECT NO.116-003(LOSS RECOVERY) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 (Final) on behalf of Martell Electric, LLC, 4601 Cleveland Road, South Bend, Indiana indicating the contract amount be decreased by $1,000 for a new contract sum, including this Change Order, of $20,250,00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $20,250.00. Upon a motion made by Ms. Doran. seconded by Ms. Fritzberg and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved. ^•++ rrrcn. �1H L1UN NQ. 7 HVAC — PROJECTNO 116-067 (FIRE DEPARTMENT CAPITAL IMPROVEMENT Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Ideal Consolidated, Inc., 806 W. Sample Street, South Bend, Indiana, for the above referenced project, indicating a final cost of $11,760.00. Upon a motion made by M Doran, seconded by Ms. Fritzberg and carried, the Project Completion Affidavit was approved.s. APPROVE PROJECT COMPLETION AFFIDAVIT — IGNITION PARK IDENTITY SIGNAGE—PROJECTN0.115-103 WDATIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Poblocki Sign Co., LLC, 922 S. 7VI Street, Milwaukee, Wisconsin, for the above referenced project, indicating a final cost of $141,437.00. Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT CENTURY CENTER ELECTRICAL DISTRIBUTION UPGRADES — PROJECT NO. 116-007 (HOTELMIO"I'EL TAX) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Days Corporation, 55169 CR 3 North, Elkhart, Indiana, for the above referenced project, indicating a final cost of $89,877.08. Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried, the Project Completion Affidavit was approved APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET— JMS BUILDING FACADE WORK PROJECT NO 116-048 (RWDA TIF) 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. Upon a motion made by Ms. Duran, seconded by Ms. Fritzberg and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST T'O ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE 2016 OR NEWER ONE 1 TON. TWO 2 WHEEL DRIVE DUMP TRUCK WATER WORKS CAPITAL) In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced vehicle. Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above request to advertise was approved. In a memorandum to the ➢oard, 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. Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. REGULAR MEETING NOVEMBER 22, 2016 368 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — NE WMAN CENTER ROOF REPAIR — PROSECT NO 116-131 (REDA TIF) 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. Upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 54-2016 — A RESOLUTION OF THE BOARD OF PUBLIC — WORKS OF THE CITY OF SOUTH BEND 1NDTANA, REVISING THE FULLY SUBSIDTZF,D SIDEWALK AND CURB REPLACEMENT PROGRAM Mr. Eric Horvath, Public Works, stated this resolution defines the policy for two parts of the Curb and Sidewalk reimbursement program; the reimbursement, and the fully subsidized part. Ms. Dorau noted only if they apply in advance for the program. Mr. Horvath stated when the contractor does the work, they have to get a permit. He noted the Permit Manager will let them know about the program at that time and the contractor will sign and acknowledge that they have informed the homeowner, or the permit manager will. Upon a motion made by Ms. Loran, seconded by Ms. Fritzberg and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 54-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REVISING THE FULLY SUBSIDIZED SIDEWALK AND CURB REPLACEMENT PROGRAM WI3EREAS, pursuant to Ind. Code §36-9-6-2, and Ind. Code §36-9-6-3, the City of South Bend, Indiana Board of Public Works (`Board") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, the Board's authority over streets and sidewalks is similarly granted in accordance with Section 18-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board is empowered under Ind. Code §36-9-36-17 with the discretion to require the owners of abutting property to construct or repair the owners' own sidewalks or curbs; and WHEREAS, there are approximately 750 miles of sidewalks and similar amount of curbing within the City of South Bend; and WHEREAS, there are economies of scale in having construction completed on multiple adjacent properties; and WHEREAS, in 2014, by Resolution No. 50-2014, the Board substantially amended its voluntary sidewalk and curb replacement program between the City and property owners wishing to participate in the curb and sidewalk replacement program by limiting it to City homeowners and making it a reimbursement program, and by adopting a separate sidewalk and curb replacement program for certain City residents whose sidewalks and/or curbs are in poor or very poor condition, with eligibility for this program initially determined by each member of the South Bend Common Council a copy of which Resolution is attached hereto and fully incorporated herein by reference as Exhibit A. WHEREAS, the Board now wishes to revise its fully subsidized sidewalk and curb replacement program for 2016 by altering the quantity limitations for eligible sidewalk and curbs, i.e., up to a maximum of 1,000 feet of sidewalk (formerly 750 feet) and 500 feet of curbs (formerly 900 feet) to be allocated to each Council member, or alternatively 1,250 feet of sidewalk only (formerly 1,150), The other previous alternative of 1,400 feet of curb only has been eliminated. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: REGULAR MEETING NOVEMBER 22, 2016 369 Section 1. The findings made by the Board in Resolution No.50-2014 are reaffirmed and incorporated herein as if fully set forth in this Resolution. Section 2. The Board hereby reaffirms the cost -share sidewalk and curb reimbursement program between the City and City homeowners, and further reaffirms the reimbursement to the property owners set out in Section 1 of Board Resolution No.50-2014 as follows: [6"IC�jb:OLn Wide Sidewalk Only $20/Linear Foot $15/Linear Foot Section 3. The Board hereby reaffirms the reimbursement schedule established in Section 2 of Board Resolution No. 50-2014 for those situations where two or more adjacent home Property owners sign up for the program, which is as follows: No. of Adjacent Property Owners Sidewalk Curb 2 $22/Linear Foot $16/Linear Foot 3 $23/Linear Foot $17/Linear Foot 4 or More $24/Linear Foot $18/Linear Foot Section 4. To encourage the redevelopment and rehabilitation of vacant and abandoned homes, the Board hereby reaffirms the reimbursement schedule established in Section 3 of Resolution No. 50-2014, set forth below, which shall now apply to construction of sidewalk and/or curb for property that is vacant, abandoned, and most in need of repair as determined by the Director of the Department of Code Enforcement. F ide Sidewalk Onl $30/Linear Foot urb Only $11Ur ear Foot Section 5. As established in Section 4 of Board Resolution No. 50- 2014, costs incurred for the necessary construction of accessible sidewalk ramps in compliance with the Americans with Disabilities Act will be subject to approval by the City Engineer or designee and reimbursed at a not to exceed cost of $950.00 for each ramp. Section 6. For purposes of the Fully Subsidized Sidewalk and Curb Replacement Program a/k/a "The Fully Subsidized Program" established at Section 5 of Board Resolution No. 50-2014, which Program requires that only existing curb and/or sidewalkthat is in poor or very poor condition and that homeowners be selected using objective criteria, the selection process shall remain the same with each Council member to make selections by the end of calendar year 2016 based on objective criteria developed by the South Bend Common Council for up to an aggregate for each Council member during and by the end of calendar year 2017 of 1,000 feet of sidewalk and 500 feet of curb, or alternatively, 1,250 feet of sidewalk only. The other previous alternative of 1,400 feet of curb only has been eliminated. Section 7. The Council member shall submit to the South Bend Department of Public Works by the end of calendar year 2016 the list of properties for participation in the Fully Subsidized Program on a "Council Allocation Form", a copy of which is attached as Exhibit B herein. Section 8. Pursuant to Section 8 of Board Resolution No. 50-2014, final selection of sidewalks and/or curbs eligible for replacement under the Fully Subsidized Program shall be made by the City's Department of Public Works and the Common Council, with the Department of Public Works performing a condition analysis of each proposed Project property and, if necessary, a ranking of the properties in terms of condition, and notifying each Council members of the properties approved based on condition. Section 9. This Resolution shall be in fall force and effect upon its adoption by the Board of Public Works. REGULAR MEETING NOVEMBER 22, 2016 370 ADOPTED at a meeting of the City of South Bend Board of Public Works held on November 22, 2016, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s! Therese J. Dorau s! Suzamra M. Fritzberg _ ATTEST: &/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 55-2016 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE. CITY OF SOUTH BEND. INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO TIIE SOUTH BEND BOARD OF PARK COMMISSIONERS Attorney Schmidt stated this resolution is to transfer a portion of Seitz Park to the Park Department that is deeded to Public Works. He noted that will give all of the land to the Park Department for future development. Mr. Schmidt added the Redevelopment Commission has already deeded the land to Public Works. Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 55-2016 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE, CITY OF SOUTH BEND APPROVING THE TRANSFER OF REAL PROPERTY TO TIIE SOUTH BEND BOARD OF PARK COMMISSIONERS WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "BPW") has custody of real property owned by the City of South Bend, Indiana (the "City") pursuant to Ind. Code 36-9-6-3; and WHEREAS, the South Bend Board of Park Commissioners (the "Park Board") exists and operates pursuant to Ind. Code 36-10-3 and 36-10-4; and WHEREAS, the BPW holds certain real property (the "Property") located in the City and comprising a portion of the land and improvements known as Seitz Park; and WHEREAS, the BPW and the Park Board are signatories to that certain Memorandum of Understanding between the University of Notre Dame du Lac (the "University") and the City dauxl June 30, 2016 (the "MOU'); and WHEREAS, the MOU sets forth the parties' understanding concerning their mutual undertakings to facilitate the University's construction and operation of a hydroelectric power generation facility on the Property and along the St. Joseph River (the "Project") and to restore Seitz Park after construction of the Project; and WHEREAS, to facilitate the Project as stated in the MOU, the City, acting through the Park Board, intends to enter into a ground lease with the University for certain real property in and mound Seitz Park, including the Property; and WHEREAS, to carry out the parties' intentions stated in the MOU, the BPW desires to convey the Property to the Park Board pursuant to Ind. Code 36-1-11-8 for purposes of — facilitating the Project and for park purposes following the completion. of construction of the Project; and WHEREAS, on November 21, 2016, the Park Board adopted its Resolution 0006-2016 accepting the BPW's transfer of the Property in accordance with Ind. Code 36-10-3-18(a); and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The BPW approves the conveyance of the Property to the Park Board. REGULAR MEETING NOVEMBER 22,2016 371 2. The Mayor and the City Clerk, or the duly authorized designee(s) of each, are authorized and instructed to execute and attest, respectively, a quit claim deed in the form attached hereto as Exhibit A conveying all of the BPW's right, title, and interest in the Property to the Park Board. 3. The BPW authorizes Member Elizabeth Maradik to act on behalf or the BPW in delivering the quit claim deed to the Park Board and executing any other document required to effect the BPW's conveyance of the Property to the Park Board. 4. This Resolution will be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on November 22, 2016, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot s/ Therese J. Domu s/ Suzanna M. Fritzberg ATTEST: s/Linda M. Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA we The following Agreements/Contracts/Proposals/Addenda re submitted to the Board for annrnval Type Business Services Commission Counniss1. to Pa for y $208,292.40; Agreement Two (2) Engineers 2018: Dedicated to $214,116.67; Redevelopment Projects 2019: $220:191.78 The Trustees of No Cost Agreement to g (RW"DA N/A N/A Agreement Indiana Allow I.U. Medical University Sciences Students to Participate in Fire Department EMS Addendum , Enterprise «... rdyaae Matching Grant $50,000; New to Association of Program for Lira Total S521,000 (COI'1) Professional South Bend, West and Western Services Inc. Avenue Z u'sstonal IJohn Services Jay College of On Site Needs Reimbursement Agreement Criminal Justice Assessment of City to Support Implementation of Travel Expenses, Not of Group Violence to Exceed Intervention with $2,500 (IT National Network for Professional Safe Communities of Services) Joint Jay College of Criminal Justice Third Amendment Bruno's Pizza Renew Lease for 13 ] $18,000/year to Lease South Michigan St. for 12/01/2016- through November 30, 11/30/2018; 2019 e,,, o,,,.,. REGULAR MEETING NOVEMBER22.2016 372 for 12,/01/2018- 11/30/2019 Fifth LePeep of Renew Lease for 127 $36,000/year TABLED Amendment South Bend, South Michigan St. for 11/01/2016- Dorau/Fritzberg to Lease Inc. through October 31, 10/31/2019 2019 Revised University of Revised Soil Boring N/A Domu/Fritzberg Temporary Notre Dame du Agreement for Hydro License Lac Project at Seitz Park Agreement Professional Anna Kennedy Design Process NTE $6,000 Dorau/Fritzberg Services Improvements and (COIT) Agreement Graphic Design for Performance Management Project related to Digital and Print Assets with IT *Attorney Schmidt confirmed with Mr. Gilot, as an employee of Notre Dame, that he has no involvement in the project, no partiality, and gains no benefit so it is safe to say he is acting on behalf of the City and can therefore vote on the License Agreement with no conflict of interest. APPROVAL OF PERMIT AND I,TCF.NSE APPLICATIONS The following permit and license applications were presented for approval: Applicant Description Date/Time Location Motion Carried St. Joseph Non- December 10, Hill Street from LaSalle Dorau/Fritzberg Catholic Residential 2016; 7:00 a.m. St. to Colfax Ave. Church BlockParty— to 11:45 a.m.; Saint Nick 6k Rain Date December 11, 2016 St. Joseph Procession — December 10, On route as submitted. Dorau/Fritzberg Catholic Saint Nick 6K 2016; 8:00 a.m. Church to 11:45 a.m. Erskine Procession - December 10, Erskine Blvd. from Dorau/Fritzberg Boulevard Erskine 2016; 6:00 p.m. Ewing Street to Neighborhood Boulevard to 9:00 P.M. Donmoyer Ave. Candlelight Walk South Bend Procession - December 3, On Sidewalks around Dorau/Fritzberg Animal Care Reindog 2016: 9:00 a.m. Four Winds Field Block Subject to and Control Prance to 10:30 a.m. staying on Sidewalks Downtown Procession — December 2, Jon Hum Plaza South Dorau/Fritzberg South Bend, Santa's 2016; 6:00 p.m. on Michigan Street to Inc. Procession to 6:15 p.m. the Chocolate Cafe UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST NORTH/SOUTH ALLEY WEST OF PORTAGE AVENUE EXTENDING FROM BULLA STREET TO EAST/WEST ALLEY Mr. Gilot indicated that Lang Feeney, 715 S Michigan, South Bend, IN 46601, has submitted a request to vacate the above referenced alley. 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 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. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, Community Investment and Engineering stating the vacation would make access difficult or inconvenient for several properties to the east. REGULAR MEETING NOVEMBER 22, 2016 373 Therefore, Ms. Doran made a motion recommending denial of the request for vacation. Ms. Fritzberg seconded the motion which carried. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST NORTH/SOUTH ALLEY SOUTH OF SHERWOOD BETWEEN MICHIGAN AND MAIN STREETS Mr. Gilot indicated that Cobb Funeral Home, 3525 S Michigan St., South Bend, IN 46614, has submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Fire Department, Solid Waste and Community Investment. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the needed for utility lines and poles if vacated. Mr. Gilot stated partial allEngineering department stating this partial alley creates a dead-end and an easement would be eysre not normally a approved for vacation. Therefore, Ms. Doran made a motion recommending denial of the request for vacation. Ms. Fritzberg seconded the motion which carried. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE. THE EAST/WEST ALLEY BETWEEN fLANEY AVENUE AND BROADWAY STREET FROM ST. JOSEPH STREET TO CARROLL STREET Mr. Gilot indicated that Gloria DEI Lutheran Church, 225 E Haney Ave, South Bend, IN 46613, Mr. Gilot advised the Board is in has submitted a request to vacate the above referenced alley. receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, Fire Department, Community htvestment, Solid Waste and Engineering department. 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 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. Solid Waste recommends unfavorable due to trash collection in alley. Fire Department recommends unfavorable due to access for water lines from the street. Engineering and Area Plan recommends unfavorable due to access to a public way difficult or inconvenient for several garages. Therefore, Ms. Dorau made a motion recommending denial of the request for vacation. Ms. Fritzberg seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 20323 KIEFER WAY 20342 KIEFER WAY 20333 KIEFER WAY 25534 SHADYTREE COURT 25561 SERENITY DRIVE— 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 Mr. Doug Katzban, c/o Westview Capital, LLC, 2186 E Centre Avenue, Portage, MI 49002. The Consent indicates that in consideration for permission to tap into public water/sanitary sewer system of the City, to provide water/sanitaty sewer service as follows: A. 20323 Kiefer Way, Key 471-03-14-407-004.000-003 — Water and Sewer B. 20342 Kiefer Way, Key #71-03-14-405-033.000-003 — Water and Sewer C. 20333 Kiefer Way, Key #71-03-14-405-031.000-003 — Water and Sewer D. 25534 Shadytree Court, Key 971-02-25-128-010.000-029 — Water and Sewer E. 25561 Serenity Drive, Key 471-02-25-128-026.000-029 — Water and Sewer the Katzban's 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, Ms. Dorau made a motion that the consents be approved. Ms. Fritzberg seconded the motion, which carried. APPROVE CONSENT TO ANNFXA'1'ION AND WAIVER OF RIGHTS TO REMONSTRATE — 51398 CHRISTIAM DRIVF, — WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Edward Rogers, 51398 Christiam Drive, South Bend, IN 46628, The Consent indicates that in consideration for permission to tap into public water system of the City, to provide water service to the above referenced property at 51398 Christism Drive (Key No. 71-03-15-180-005.000-008), the Rogers 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 REGULAR MEETING NOVEMBER 22.2016 374 South Bend. Therefore, Ms. Doran made a motion that the consent be approved. Ms. Fritzberg seconded the motion, which carried RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Ms. Donna Hanson, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100-2000 andlor released as follows: Business Bond Type Approved/ Released Effective Date Ryan Shenefield Contractor A proved November 7, 2016 Firmer King Contractor Approved October 28, 2016 Eric Frye d/b/a Elf Excavating Excavation I Approved October 26, 2016 Ms. Dorau made a motion that the Bonds approval an(Vor release as outlined above be ratified. Ms. Fritzberg seconded the motion, which carried. APPROVE CLAIMS Ms. Fritzberg 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 accuracy. Name Amount of Claim Date City of South Bend $5,406,666.52 11/18/2016 City of South Bend $2,097.34 11 /15/2016 City of South Bend $1,546,700.76 11/22/2016 U.S. Bank National Assoc.; Requisition No. 51; Smart Streets Bond $7,357.75 11/18/2016 'therefore, Mr. Gilot made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Domu seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Doran, seconded by Ms. Fritzberg and carried, the meeting adjourned at 10:18 a.m. BOARD OF PUBLIC WORKS i A. rilot, Presi ent Elizabeth A. Maradik, Member Therese J. Doran, Member James A. Mueller, Me ,her (4-V 11 `Suzanna M.YritzberMemb ATTEST: da M. Mar n, lerk �—