Loading...
HomeMy WebLinkAbout09/13/10 Board of Public Works Minutes PUBLIC AGENDA SESSION SEPTEMBER 9 2010 265 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, September 9, 2010, by Board President Mr. Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. Jennifer Corle, Secretary, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. Items Added: Mr. Gilot noted that the Division of Engineering submitted their Safety Report for August 2010 to add to the regular agenda. The Special Purchase for M/E Design and Innovative Control Solutions on the Agenda for the Regular Meeting will be approved at this meeting. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Professional DLZ Indiana CSO Benchmark $18,655 Gilot/Inks Services Survey —Project No. (WWTP Contract 110-061 —To Engineering Establish Benchmarks Services) atCSO'S for SWMM Special M/E Design & Headworks Air $29,000.00 Gilot/Inks Purchase Innovative Handler #I Controls— (WWTP) Control Project No. 110-060 Solutions Sole Source Component of Existing Integrated System Required to Make Repairs APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Sponsor Description Date/Time Location Motion Carried Jessica Renee Street Closure — September 10, Miner from Eddy to Approved Reid Recommend 2010; 4:00 p.m. Sunnyside (Three subject to Denial to 8:00 P.M. Blocks) contacting the applicant and requesting street closure of one block only. Gilot/ Littrell Dianna Walker Street Closure— September 11, Prast from Huey to Gilot/Inks Family Reunion 2010; 12:00 O'Brien Subject to the P.M. to 8:00 police p.m. department monitoring event. College Procession — September 11, Route Being Planned Inks/Littrell Football Hall of Key Bank 2010; 6:00 a.m. with City's Customer Fame Salmon Chase to 9:30 a.m. Service Manager - Sale of City Property— 1201 Campeau Mr. Jeff Vitton, Community & Economic Development stated the above referenced address is set for bid at Monday's meeting was requested by Mr. Jeffrey Warren. Mr. Warren has already rehabilitated a property across the street from this address and is PUBLIC AGENDA SESSION SEPTEMBER 9 2010 266 interested in rehabilitating the house that sits on this lot. Mr. Warren entered into an agreement with the Northeast Neighborhood Revitalization Organization stating the NNRO will advocate on behalf of Mr. Warren for the disposition of this property. Mr. Vitton was concerned regarding the bid process for city-owned properties and the amount of time it has taken for this property to reach the point where it can be bid. Ms. Greene stated she will look into the process and see if the laws have changed since the process was last used. - Reject Bids— South Bend Animal Shelter—Project No. 110-014 Mr. Gary Libbey, Code Enforcement, stated they are prepared to reject all bids receive for the above referenced project. They are working on revising the plans with the architect and anticipate the completion of the specifications soon. - Change Order—Blowers IA & 1B Replacement—Project No. 109-074 Mr. Toy Villa, Engineering, stated there were unanticipated additions to this project. He does not expect any additional change orders as the project is going smoothly. - Change Order—Cold Milling or 2010 Paving Season Mr. Pete Kaminski, Street Department, stated the above project's scope increased due to the funding for a paving project increasing. Ms. Greene stated she needs more information to write a memo regarding the tremendous increase. - Change Order—Embedded Sensor CSO Monitoring—Project No. 109-019 Mr. Patrick Henthorn, Engineering, stated this project had several changes including redesign work, the installation of extra valves, and soil remediation. - Change Order—Twyckenham Drive Sewer Separation—Project No.108-050 Mr. Toy Villa, Engineering, stated additional work was required due to unforeseen circumstances. - Change Order—Demolition of Triangle Properties —Project No. 110-039 Mr. Toy Villa, Engineering, stated the increase for this project is due to heating pipes being found installed inside of the properties' concrete floor slabs. - Title Sheet—Prairie Apartments Phase 2 Mr. Rob Nichols, Engineering, stated the title sheet is being present to the Board because the apartment complex will have City sewer service while their water service remains private. - Resolution 59-2010—Annexation Area for State Road 23 and Maple Lane Mr. Jeff Vitton stated this annexation area is essentially for a business that is currently located at the site that wants to offer services the county does not allow. The legal description as provided is incorrect but will be corrected prior to presentation at the County Council meeting. Road maintenance costs will be negated by the tax revenue from this property. Mr. Littrell stated there is an agreement with the county to maintain each other's roads that are within a few - Resolution 61-2010—Annexation Area for Stadium Place Phase 2 Mr. Jeff Vitton, Community & Economic Development, stated this annexation is for three single-family homes that will be demolished for the construction of apartment buildings. The apartments will be changed to a PUD designation. Mr. Gilot suggested Mr. Vitton speak with Ann Puzzello, the Common Council representative for that area, prior to taking this annexation request to the Council as she appreciates being aware of issues in her area prior to their presentation to the council. - Professional Services Agreement—Greeley &Hansen Mr. Al Greek, Environmental Services, stated this agreement is a part of the department's goal of getting a master plan for biosolids. They need to determine which class they want to be in and where they want to go with their licensing and training. - Addenda to Master Agency Agreement Mr. David Relos, Community & Economic Development, stated two projects from Redevelopment are to be added to the Master Agency Agreement. First, they will replace existing open wiring in the Jefferson/Wayne intersection area with new lighting. Second, they plan on doing a streetscape project in the Jefferson/Franklin Intersection area. The streetscape would include new curbs, sidewalks, taking out existing drive approaches and replacing them with sidewalks, new lighting, improve drainage, and more. - Processional Services Agreement—American Structurepoint Mr. Rob Nichols, Engineering, stated this Agreement is being approved subject to appropriation of funding by the Common Council. The funding is currently available, but the Common Council has to formally approve of the accounting. - Professional Services Proposal - Envirocorp PUBLIC AGENDA SESSION SEPTEMBER 9 2010 267 Mr. Rob Nichols, Engineering, stated this proposal was tabled at the last meeting, but should be approved at Monday's meeting. Funding the properties being demolished for the project has been named. - Monthly Report of Operations Mr. Al Greek, Environmental Services presented his Monthly Report of Operations for the month of August 2010. - Safety Reports Mr. Al Greek, Environmental Services, Mr. Pete Kaminski, Street Department, and Mr. Toy Villa, Engineering, presented their respective Safety Reports for the month of August 2010. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Union, inquired about the status of the decision on the issue of Ortiz Concrete's Certificate of Insurance for the Kennedy Park Curb and Sidewalk project. Mr. Gilot stated that upon review, they are not able to accept the lowered amount because the specifications state the higher amount is required, and it is advantageous to Ortiz Concrete. The amount of the insurance may be lowered in the future for smaller projects such as this, but this one was quoted with the higher amount and it must remain as such. Ms. Corle was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 12:15 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot,President Donald E. Inks, Member Carl P. Littrell, Member ATTEST: Linda M. Martin, Clerk REGULAR MEETING SEPTEMBER 13 2010 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, September 13, 2010, by Board President Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald Inks was absent. Also present was Assistant City Attorney Thomas Bodnar. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of a Project Assignment with Crowe Horwath for review of Sewer Revenue Bonds. PUBLIC HEARING —NEW TRANSIENT MERCHANT LICENSE — SPIRIT HALLOWEEN SUPERSTORES Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a new Transient Merchant License Application for the Spirit Halloween Superstores at 1290 East Ireland Road, Suite F2, South Bend, Indiana 46614, which will be open August 15, 2010 to November 15, 2010; Sunday through Friday 10:00 a.m. to 10:00 p.m. It was noted favorable recommendations were received from the Police Department, Building Department and the Legal Department. The Fire Department noted that the sprinkler system is leaking and the alarm system REGULAR MEETING SEPTEMBER 13 2010 268 needs to be tested; however, the applicants are aware of these issues. Michele Moulton, Vice President from the store was present and stated the sprinkler and alarm system issues were being corrected today. Mr. Gilot asked if the business was open to the public and she stated it was not. 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. Littrell, seconded by Mr. Gilot and carried, the Transient Merchant License was approved subject to fixing the problems noted by the Fire Department. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Minutes of the Agenda Session, Regular Meeting and Claims Meetings of the Board held on August 19, August 23,August 30 and September 7,2010,were approved. OPENING OF BIDS — 1201 CAMPEAU STREET This was the date set for receiving and opening of sealed bids for the above referenced property. 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 bid was opened and publicly read: Bid was signed by: Mr. Jeff Warren DBA Campeau Properties, LLC 2310 Foxdale Trail Long Beach, Indiana 46360 BID: $3,600.00 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bid was referred to Community & Economic Development and Engineering for review and recommendation. OPENING OF BIDS —522 CLEVELAND AVENUE This was the date set for receiving and opening of sealed bids for the above referenced property. 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 bid was opened and publicly read: Bid was signed by: Ms. Aida F. Ortiz 524 Cleveland Avenue South Bend, Indiana 46628 BID: $600.00 Attorney Thomas Bodnar made note that included with their bid was a check in the amount of $600.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bid was referred to Community & Economic Development and Engineering for review and recommendation. OPENING OF BIDS — WESTERN AVENUE AT OLIVE STREET INTERSECTION IMPROVEMENTS —PROJECT NO. 110-003 (LRSA) 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: NORTHERN CONSTRUCTION SERVICES CORP. Post Office Box 1299 Niles, Michigan 49120 Bid was signed by: Mr. Daniel Kulwicki Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $290,714.44 REGULAR MEETING SEPTEMBER 13 2010 269 RIETH-RILEY CONSTRUCTION 25200 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Todd Gosc Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $237,900.00 WALSH & KELLY,INC. 24358 State Road 23 South Bend, indiana 46614 Bid was signed by: Mr. Kevin Kelly Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $305,787.60 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Engineering for review and recommendation. OPENING OF BIDS — ERSKINE DETENTION POND RE-CONSTRUCTION — PROJECT NO. 110-056 (SSDA TIF) 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: ANCON CONSTRUCTION CO.,INC. 2146 Elkhart Road Goshen, Indiana 46526 Bid was signed by: Mr. Rhett Fisher Non-Collusion Affidavit was not included Non-Discrimination Commitment from was not included Five percent(5%)Bid Bond was submitted BID: $1,100,523.48 C&E EXCAVATING, INC. 53767 CR 9 Elkhart, Indiana 46514 Bid was signed by: Mr. Al Johnson Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $1,171,260.50 HRP CONSTRUCTION 5777 Cleveland Road South Bend, Indiana 46628 Bid was signed by: Mr. Paul Fallon Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $1,255,000.00 REGULAR MEETING SEPTEMBER 13 2010 270 RITSCHARD BROS.,INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by: Mr. Donald Ritschard, Jr. Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $1,750,299.87 SELGE CONSTRUCTION CO.,INC. 2833 South 11th Street Niles, Michigan 49120 Bid was signed by: Mr. Jim Boyles Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $1,188,544.00 Attorney Thomas Bodnar noted Ancon Construction did not include their Non-Discrimination Commitment form, Non-Collusion Affidavit with their bid. He stated if there is a form on file from past work with the City, normally the bid can be accepted. Mr. Gilot requested Mr. Bodnar research the law on the subject and forward a Legal Memorandum addressing the options the Board has on accepting or rejecting the bid. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Engineering and Community and Economic Development for review and recommendation. OPENING OF BIDS — DEMOLITION ENVIRONMENTAL REMEDIATION & SITE RESTORATION OF THE FORMER EMI BUILDING (2020/2026 SOUTH MAIN STREET) — PROJECT NO. 108-035 (TIF) 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, INC. 53767 CR 9 Elkhart, Indiana 46514 Bid was signed by: Mr. Al Johnson Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: Item Description Amount 1 Base Bid Asbestos, Removal, Demolition, Clearing & Site $134,388.00 Restoration of the Former EMI Building (2020/2026 S. Main St.) 2 Environmental Allowance $20,000.00 Alternate 1 Curb & Sidewalk Replacement 1 $7,585.00 Alternate 2 Curb & Sidewalk Replacement 2 $23,523.00 INDIANA EARTH, INC. 10343 McKinley Highway Osceola, Indiana 46561 Bid was signed by: Mr. Michael Mayse Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: REGULAR MEETING SEPTEMBER 13 2010 271 Item Description Amount 1 Base Bid Asbestos, Removal, Demolition, Clearing & Site $133,513.00 Restoration of the Former EMI Building (2020/2026 S. Main St.) 2 Environmental Allowance $20,000.00 Alternate 1 Curb & Sidewalk Replacement 1 $5,523.00 Alternate 2 Curb & Sidewalk Replacement $17,170.00 R&R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Bid was signed by: Mr. William Loudin Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: Item Description Amount 1 Base Bid Asbestos, Removal, Demolition, Clearing & Site $166,620.00 Restoration of the Former EMI Building (2020/2026 S. Main St.) 2 Environmental Allowance $20,000.00 Alternate 1 Curb & Sidewalk Replacement 1 $10,000.00 Alternate 2 Curb & Sidewalk Replacement 2 $29,708.00 RITSCHARD BROS.,INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by: Mr. Donald Ritschard, Jr. Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: Item Description Amount 1 Base Bid Asbestos, Removal, Demolition, Clearing & Site $136,469.00 Restoration of the Former EMI Building (2020/2026 S. Main St.) 2 Environmental Allowance $20,000.00 Alternate 1 Curb & Sidewalk Replacement 1 $5,440.00 Alternate 2 Curb & Sidewalk Replacement 2 $20,828.00 PRO DEMO PO Box 2363 Holland, Michigan 49422 Bid was signed by: Mr. Case Vander Velden Non-Collusion Affidavit was not included Non-Discrimination Commitment form was not included Five percent(5%)Bid Bond was submitted BID: Item Description Amount 1 Base Bid Asbestos, Removal, Demolition, Clearing & Site $85,500.00 Restoration of the Former EMI Building (2020/2026 S. Main St.) 2 Environmental Allowance $20,000.00 Alternate 1 Curb & Sidewalk Replacement 1 $9,500.00 Alternate 2 Curb & Sidewalk Replacement 2 $21,500.00 Attorney Thomas Bodnar noted that Pro Demo did not include the Non-Collusion Affidavit and Non-Discrimination Commitment form with their bid. Mr. Gilot reiterated that Legal would REGULAR MEETING SEPTEMBER 13 2010 272 need to research the Board's required actions and prepare a Memorandum regarding the issue. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Engineering and Community and Economic Development for review and recommendation. OPENING OF BIDS -SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referenced vehicles. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. Linda Martin, Clerk, informed the Board that the bid from Michael Walter was handed to her during the meeting at 9:40 a.m. No bids were opened at that point, all bids were sealed, and the bidder had no advantage by submitting his bid late. Therefore, the following bids were opened and publicly read: BIDS: 0 m Vehicle Make& ° .Y E No. Model Year m n. off , 3Q, 1. Red ToyotaMR2 1988 $400.00 $143.00 $165.00 Black Pontiac 2. Sunfire 1996 $400.00 $153.00 $276.00 $180.00 3. Blue Ford Escort 1996 $400.00 $143.00 $145.00 4. Blue BMW 528E 1987 $400.00 $187.00 $150.00 Green Chrysler 5. Concorde 1994 $400.00 $187.00 $201.00 Gold Saturn 4- 6. Dr. 1997 $400.00 $219.00 $190.00 Red Oldsmobile 7. Delta 88 1987 $400.00 $153.00 $166.00 Blue Chevrolet 8. Cavalier 1993 $400.00 $143.00 $148.00 Blue Cadillac 9. SedanDeVille 1995 $400.00 $153.00 $276.00 $170.00 Red Chevrolet 10. Monte Carlo 1998 $400.00 $173.00 $175.00 Dark Red Dodge 11. Intrepid 1993 $400.00 $187.00 $137.00 Red Dodge 12. Dakota 1989 $400.00 $203.00 $151.51 $195.00 Silver Ford 13. Explorer 2004 $1,200.00 $1,236.00 $825.00 $876.00 $1,201.00 $651.00 $488.00 Tan Ford 14. Windstar 1998 $400.00 $217.00 $196.00 Green Chevrolet 15. Venture 1997 $400.00 $217.00 $206.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Code Enforcement for review and recommendation. After review, Ms. Kathy Eli, Code Enforcement, recommended the award of the vehicles to the highest responsible bidders as noted in bold above. Upon a motion by Mr. Littrell, seconded by Mr. Gilot and carried, the award recommendations were approved. OPENING OF QUOTATIONS - TWO (2) MORE OR LESS, DIGITAL DUPLICATORS FOR PRINT SHOP (CENTRAL SERVICES OPERATING BUDGET) 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: IKON OFFICE SOLUTIONS, INC. 230 Catalpa, Suite A Mishawaka, Indiana 46545 Quotation was submitted by Ms. Christina Smith QUOTATION: REGULAR MEETING SEPTEMBER 13 2010 273 Description Ikon Office Advanced U.S. Business Solutions Imaging Systems Solutions Base Bid $9,641.00 $4,545.00 $3,962.00 Purchase Price $100.00 Trade in Value Less Trade-In of 4 Color Cylinders Total Purchase $9,641.00 $4,545.00 $3,962.00 Leasing 60 Months/Unit $189,73 $92.49 $80.00 Maintenance Copy Price $0.0025 $0.00195 $0.003 Total Maintenance $9,000.00 $7,020.00 $10,800.00 Purchase Price $9,641.00 $7,116.00 $5,628.00 Trade in $100.00 Trade- Cylinders Lease/Month $189.73 $145.66 $113.00 Purchase Price Extra Color Cylinder 8.5 x 14 $790.00 $754.00 $499.00 Purchase Price Extra Color Cylinder 11 x 17 $790.00 $922.00 $525.00 BlackInk/Tube $23.00 $26.50 $18.40 Color Ink/Tube $33.00 $29.00 $25.20 Special Colors/Roll $45.90 $67.00 $61.50 $87.50 Extra Color Cylinder 8.5 x 14 $15.55 $15.65 $9.98 Extra Color Cylinder 11 x 17 $15.55 $19.14 $10.50 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were referred to Purchasing and Central Services for review and recommendation. OPENING OF QUOTATIONS - CLEANING & REHABILITATION OF WATER WORKS NORTH WELLS NOS. 2 & 5 - PROJECT NO. (WATER WORKS OPERATIONS & MAINTENANCE) 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: ORTMAN DRILLING & WATER SERVICE 241 North 300 West Kokomo, Indiana 46901 Bid was signed by: Mr.Nick Rice Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $29,510.00 PEERLESS-MIDWEST,INC. 55860 Russell Industrial Parkway Mishawaka, Indiana 46545 Bid was signed by: Mr. James Williams Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $14,875.00 REYNOLDS,INC. 3840 Prospect Street Indianapolis, Indiana 46203 Bid was signed by: Ms. Jerri McKenna REGULAR MEETING SEPTEMBER 13 2010 274 Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $48,494.40 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were referred to Water Works for review and recommendation. OPENING OF QUOTATIONS — SOUTHERN VIEW DRIVE CULVERT REPLACEMENT — PROJECT NO. 109-008 (SEWERS/OTHER CONTRACTUAL) 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: HERRMAN & GOETZ, INC. 225 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by: Mr. Thomas J. Herrman Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $45,088.00 HRP CONSTRUCTION 5777 Cleveland Road South Bend, Indiana 46628 Bid was signed by: Mr. Paul Fallon Non-Collusion Affidavit was in order Non-Discrimination Commitment form was completed Five percent(5%)Bid Bond was submitted BID: $50,175.56 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were referred to Engineering for review and recommendation. AWARD BID — STUDEBAKER CORRIDOR AREA A DEMOLITION PHASE IV — PROJECT NO. 109-032(SBCDA/TIF) Mr. Carl Littrell, Engineering, advised the Board that on July 29, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Littrell concurred with Mr. Andy Lemberis, DLZ, to recommend that the Board award the contract to the lowest responsive and responsible bidder Dore & Associates Contracting, Inc., 900 Harry S. Truman Parkway, Bay City, Michigan 48706, in the amount of $5,788,400.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Gilot seconded the motion, which carried. ACCEPT PROPOSAL — AIRPORT ECONOMIC DEVELOPMENT AREA PROPOSALS (DEPARTMENT OF LABOR GRANT) In a Memorandum to the Board, Mr. Larry Meteiver, Assistant City Attorney, advised the Board that August 23, 2010 was the date set for proposals to be received and opened for the above referenced project. At that time, there were no apparent proposals. However, it was later discovered that while the Clerk of the Board, Ms. Linda Martin was on vacation on August 19, 2010, a proposal was received from The Apprentice Academy and mistakenly opened by the Clerk's Secretary. This proposal was date-stamped and placed in Ms. Martin's mail box. The proposal was not distributed and the information contained therein was not disclosed to any party. It has been determined by the City's Legal Department that the proposal can be accepted. Ms. Martin and her Secretary, Nancy Schrader, have submitted Affidavits affirming the events following the receipt of this proposal. Attorney Thomas Bodnar noted that if there is no response to a request for proposals, the Board of Works is free to do what they want to get the work done. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the proposal be REGULAR MEETING SEPTEMBER 13 2010 275 accepted and referred to Community and Economic Development for review. Mr. Littrell seconded the motion, which carried. APPROVAL OF REQUEST TO REJECT BIDS — SOUTH BEND ANIMAL SHELTER — PROJECT NO. 110-014 (TIF) In a memorandum to the Board, Ms. Catherine Toppel, Code Enforcement, requested permission to reject all bids for the above referenced project. All bids received on June 24, 2010, exceeded the project limit of$1.5 million. Ms. Toppel noted that they are currently working to revise the bid specifications and seek new bids. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried,the above request to reject bids and re-advertise was approved. AWARD QUOTATION — LINCOLN WAY WEST LIGHTING, PHASE IV — PROJECT NO. 110-024 (COIT) Mr. Rob Nichols, Engineering, advised the Board that on August 23, 2010, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, Concord Electric, 30753 Old US 20, Elkhart, Indiana 46514, in the amount of $28,795.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Gilot seconded the motion, which carried. APPROVE CHANGE ORDER NO. 1 — BLOWERS IA & 1B REPLACEMENT — PROJECT NO. 109-074 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Bowen Engineering Corp., 1110 Arrowhead Court, Suite B, Crown Point, Indiana 46317, indicating the Contract amount be increased by $34,623.00 for a new Contract sum, including this Change Order, in the amount of $2,163,123.00. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried,the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — COLD MILLING FOR 2010 PAVING SEASON (STREET DEPARTMENT/MVH FUND) Mr. Gilot advised that Ms. Terri Swift, Street Department, has submitted Change Order No. 2 on behalf of J.L. Milling, Inc., 15262 Industrial Drive, Schoolcraft, Michigan 49097, indicating the Contract amount be increased by $30,415.00 for a new Contract sum, including this Change Order, in the amount of$63,415.00. Mr. Gilot noted the large increase is due to a combination of failure of base materials and the need for more material, and an increase approved by the Common Council in the scope of the milling. Mr. Gilot noted also that this was a unit price award that will be opened at a Board of Works meeting in the future. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved subject to receipt of the paperwork. APPROVE CHANGE ORDER NO. 5 — EMBEDDED SENSOR CSO MONITORING PROJECT PHASE II —PROJECT NO. 109-019 (SEWERS) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 5 on behalf of HRP Construction 5777 Cleveland Road, South Bend, Indiana 46628, indicating the Contract amount be increased by $105,375.74 for a new Contract sum, including this Change Order, in the amount of$2,230,534.36. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — TWYCKENHAM DRIVE SEWER SEPARATION — PROJECT NO. 108-050 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Woodruff& Sons, Inc., 2125 East US Highway 12, Michigan City, Indiana 46361, indicating the Contract amount be increased by $77,437.60 for a new Contract sum, including this Change Order, in the amount of $4,410,647.65. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 — ARRA MILL & FILL — PROJECT NO. 109-060 (ARRA FUNDS) Mr. Gilot advised that Mr. Rob Nichols, Engineering, submitted Change Order No. 3 on behalf of Rieth-Riley Construction Co., 25200 State Road 23, South Bend, Indiana 46634, indicating the Contract amount be increased by $4,831.77 for a new Contract sum, including this Change Order, in the amount of$1,184,897.62. Mr. Littrell noted there would be other under-runs that REGULAR MEETING SEPTEMBER 13 2010 276 would offset this increase. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried,the Change Order was approved. APPROVE CHANGE ORDER NO. 4 — ARRA MILL & FILL — PROJECT NO. 109-060 (ARRA FUNDS) Mr. Gilot advised that Mr. Rob Nichols, Engineering, submitted Change Order No. 4 on behalf of Rieth-Riley Construction Co., 25200 State Road 23, South Bend, Indiana 46634, indicating the contract amount be increased by $350.00 for a new contract sum, including this Change Order, of $1,180,415.85. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried,the Change Order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT —CLAY/SUNNYBROOK AND NEW LONDON LAKE PUMP STATION REPLACEMENT — PROJECT NO. 109-068 (2007 SEWER BOND) Mr. Gilot advised that Mr. Toy Vila, Engineering, submitted Change Order No. 1 (Final) on behalf of Beer & Slabaugh, Inc., 23965 US 6 East, Nappanee, Indiana 46550, indicating the contract amount be decreased by $9,100.00 for a new contract sum, including this Change Order, of $276,900.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of$276,900.00. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 3 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — 2009 CSO BACKWATER GATE REPLACEMENT — PROJECT NO. 109-056 (WASTEWATER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, submitted Change Order No. 3 (Final) on behalf of JCI Bridge Group, Inc., Post Office Box 368 LaPorte, Indiana 46352, indicating the contract amount be increased by $8,057.20 for a new contract sum, including this Change Order, of$299,651.64. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $299,651.64. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, Change Order No. 3 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT —DEMOLITION OF TRIANGLE PROPERTIES —PROJECT NO. 110-039 Mr. Gilot advised that Mr. Toy Villa, Engineering, submitted Change Order No. 1 (Final) on behalf of Torok Excavating, Inc., 825 South Fellows Street, South Bend, Indiana 46601, indicating the contract amount be increased by $2,680.00 for a new contract sum, including this Change Order, of $64,070.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of$64,070.00. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — RAW SEWAGE PUMP NO. 3 DRIVE REPLACEMENT—PROJECT NO. 109-071 (WATER WORKS CAPITAL) Mr. Gilot advised that Mr. Toy Villa, Engineering, submitted the Certificate of Substantial Completion on behalf of Thieneman Construction Co., 3313 East 83rd Place, Merrillville, Indiana, 46410, for the above referenced project. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried,the Certificate of Substantial Completion was approved. PROJECT DISCUSSION — RE-ALLOCATION OF STATE REVOLVING FUNDS FOR FUTURE WATER WORKS PROJECTS Mr. David Tungate, Water Works, stated that two projects that were previously approved and bid were completed and came in almost $60,000 under budget. Water Works has now identified three other valves that need work. Mr. Tungate contacted the officials that handle the SRF loans and was instructed to discuss the re-allocation of the remaining funds in a public meeting in order for the funding to be approved for the following projects: Main Live Valve Replacement at the Kaley/Linden Intersection Main Live Valve Replacement on Clark Street Mr. Gilot questioned if a letter was needed from the Board and Mr. Tungate stated his request and discussion just needed to be recorded in the Minutes of the Meeting. Therefore, upon a REGULAR MEETING SEPTEMBER 13 2010 277 motion by Mr. Gilot, seconded by Mr. Littrell and carried, the funding re-allocation was approved as requested. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET —CENTURY CENTER WATER SOFTENER REPLACEMENT —PROJECT NO. 110- 063 (CENTURY CENTER CAPITAL) In a memorandum to the Board, Mr. John Engstrom, Engineering, requested permission to advertise for the receipt of bids and approve the Title Sheet for the above referenced project. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — MEMORIAL HOSPITAL STREETSCAPE IMPROVEMENTS PHASE 2 — PROJECT NO. 109-091B (MEDICAL TIF) In a memorandum to the Board, Mr. Rob Nichols, 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 Mr. Littrell, seconded by Mr. Gilot and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVE TITLE SHEET— PRAIRIE APARTMENTS PHASE TWO — ABONMARCHE CONSULTANTS Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution by Abonmarche Consultants. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above referenced Title Sheet was approved and signed. ADOPT RESOLUTION NO. 54-2010 - A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 54-2010 A RESOLUTION OF THE CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL EARNEST NYBO retired on August 30,2010, from the South Bend Police Department after more than thirty-five (35) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 50007 Model No. P229, a .40 Caliber Sig-Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars (5500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. REGULAR MEETING SEPTEMBER 13 2010 278 ADOPTED this 13TH DAY of SEPTEMBER 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 55-2010 - A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 55-2010 A RESOLUTION OF THE CITY OF SOUTH BEND,INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL MICHAEL CAREY retired on July 3, 2010, from the South Bend Police Department after more than twenty (20) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 34178, Model No. P229, a .40 Caliber Sig-Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 13th Day of September 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 56-2010 —A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY REGULAR MEETING SEPTEMBER 13 2010 279 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 56-2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: DEPARTMENT OF PARK& RECREATION COMPUTERS AND ACCESSORIES WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and/or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 13th day of SEPTEMBER, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 57-2010 —A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 57-2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ENVIRONMENTAL SERVICES LAB EQUIPMENT WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and/or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). REGULAR MEETING SEPTEMBER 13 2010 280 BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 13th day of SEPTEMBER, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 59-2010 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 59-2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STATE ROAD 23 AND MAPLE LANE ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 13 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.15 acres of land containing one single family structure, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 34.2% contiguous, generally located at the Southeast comer of State Road 23 and Maple Lane Ave. It is anticipated that the annexation area will be a message therapy business allowable under"OB" Office Buffer zoning. The development will require a basic level of municipal public services of a non-capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, REGULAR MEETING SEPTEMBER 13 2010 281 patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 13 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section IL That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things at page 5, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. It is required that the annexation area integrate harmoniously with the surrounding residential areas. If redeveloped in the future, it should also be required that neo- traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the above conditions may result in the City's repeal of annexation. Adopted the 13th day of September,2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 61-2010 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STADIUM PLACE PHASE TWO ANNEXATION AREA) Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 61-2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,INDIANA ADOPTING A WRITTEN FISCAL PLAN AND REGULAR MEETING SEPTEMBER 13 2010 282 ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (STADIUM PLACE PHASE TWO ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more particularly described at Page 15 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.2 acres of land containing single family structures, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 43.9% contiguous, generally located near the northwest comer of Vaness and Willis Avenue (54703, 54719, 54739 Willis Avenue). It is anticipated that the annexation area will be developed for two three-story, multi-family buildings with a total of 60 units. The development will require a basic level of municipal public services of a non-capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non-capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non-capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section L It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 15 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section IL That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non-capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing REGULAR MEETING SEPTEMBER 13 2010 283 of said services to the territory to be annexed, which provides, among other things, at page 5, that the public sanitary sewer and water network is available with capacity sufficient to service this area, with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of rezoning and annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. In this regard,the annexation and rezoning is subject to the following condition: the elimination of gates and other devices that restrict access to the developments in order to create a gated community. Furthermore, it is required that the annexation area integrate harmoniously with the surrounding residential areas. It should also be required that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing,height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality per the South Bend zoning ordinance standards. Failure to comply with all the conditions set forth in this Section IV may result in the City's repeal of annexation. Adopted the 13TH day of September,2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s/Linda Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Professional The Troyer Downtown Riverwalk $11,500.00 Littrell/Gilot Services Group Grant/East Bank Trail (Engineering Proposal Upgrade—Project No. O&M/Other 110-059 Professional Service) Professional Greeley & Biosolids Management $89,000.00 Littrelt/Gilot Services Hansen, LLC Master Plan (Wastewater Agreement O&M) Addendum Redevelopment Jefferson/Wayne Outlets (SBCDA TIF) Littrell/Gilot to Master Commission —Project No. 110-067 Agency Agreement Addendum Redevelopment Jefferson/Franklin (SBCDA TIF) Littrell/Gilot to Master Commission Streetscape—Project No. Agency 110-032 Agreement Professional American Traffic Signal NTE Littrell/Gilot Services Structurepoint, Optimization—Project $400,000.00 Subject to Agreement Inc. No. 110-034 (DOE Grant) Common Council Appropriation Professional Envirocorp Asbestos Investigation at NTE $19,000 Littrell/Gilot Services Ten Vacant Commercial (NSP/CDBG) REGULAR MEETING SEPTEMBER 13 2010 284 Proposal Properties Set for Demolition Special Housing Purchase of 2002 Super $3,000.00 Gilot/Littrell Purchase Authority Duty Ford Van to (Fire Dept. Subject to Transport Firefighter Motor Discussion Recruits and Trainees to Equipment with Fire and from Training Sites Account) Chief on Maintaining Size of Fleet Project Crowe Horwath Municipal Sewage $32,000.00 Gilot/Littrell Assignment Works Bond Issuance Plus Out-of- Subject to Pocket Legal Review Expenses APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Kristen Darden Street Closure — September 19, LaSalle from Littrell/Gilot Block Party 2010; 3:00 p.m. Twyckenham to Esther to 8:00 P.M. Broadway Street Closure — September 18, Carroll from Broadway Gilot/Littrell Christian Intada Blues 2010; 3:00 p.m. to Haney & Broadway Subject to Parish, UMC Neighborhood to 8:00 p.m. from Carroll to Columbia Broadway Concert Benefit Only being Closed Cecilia Lucero Street Closure— September 19, Nokomis (Triangle) Park Gilot/Littrell Northshore 2010; 1:00 p.m. — Marquette from Subject to Triangle to 6:00 p.m. Lafayette to Wakewa Receipt of Neighborhood Neighbor's Fall Celebration Signatures Dana Gillon Street Closure — September 18, Falcon from Ford to Gilot/Littrell Birthday Party 2010; 1:00 p.m. Dunham to 7:00 p.m. Riley High Procession — September 24, From Riley High School Littrell/Gilot School Homecoming 2010; 4:00 p.m. South on Fellows street, Parade to 6:30 p.m. East on Ireland Road, South on Miami Street to Jackson Middle School Field Family Justice Procession — 3r October 3, Streets throughout Littrell/Gilot Center Annual Justice 2010; 11:00 Mishawaka, South Bend, Ride a.m. to 3:00 St. Joseph County, and p.m. Walkerton APPROVE/DENY SIDEWALK CAFE PERMIT APPLICATION — FIVE GUYS BURGERS AND FRIES Mr. Gilot indicated that the Board is in receipt of a Sidewalk Caf6 Permit application from the above establishment located at 1223 North Eddy Street, No. 110, South Bend, Indiana for daily use from 11:00 a.m. to 3:00 p.m. Five Guys Burgers requested tables be placed against the front of their establishment and out along the crosswalk. Mr. Gilot made a motion that the Board deny their request for the tables blocking the crosswalk, but approve the two tables close to the front of the building. Mr. Littrell seconded the motion, which carried. Mr. Gilot requested they work with Ashley Bedell, Kite Realty, on the placement of their tables. APPROVE SIDEWALK CAFE PERMIT APPLICATION—HOT BOX PIZZA Mr. Gilot indicated that the Board is in receipt of a Sidewalk Caf6 Permit application from the above establishment located at 1234 North Eddy Street, South Bend, Indiana for daily use from 11:00 a.m. to 12:00 a.m. Hot Box Pizza requested tables be placed against the front of their establishment and out along the crosswalk. Mr. Gilot made a motion that the Board deny their request for the tables blocking the crosswalk, but approve the two tables close to the front of the REGULAR MEETING SEPTEMBER 13 2010 285 building. Mr. Littrell seconded the motion, which carried. Mr. Gilot requested they work with Ashley Bedell, Kite Realty, on the placement of their tables. APPROVAL OF LICENSE APPLICATION RENEWAL FOR PUBLIC PARKING FACILITY —EDDY STREET GARAGE LLC Mr. Gilot stated that the Board is in receipt of favorable recommendations from Engineering, Code Enforcement, Community and Economic Development, and Building Department for a License Application renewal for a parking garage for Kite Realty Eddy Street Garage, LLC, 1234 North Eddy Street, South Bend, Indiana 46617 at 1228 North Eddy Street, South Bend, Indiana. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the License Application renewal was approved. EASEMENT DEDICATION — A PORTION OF THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CLEVELAND ROAD AND NADINE STREET — WATER WORKS In a memorandum to the Board, Mr. Tony Molnar, Engineering, asked that the above referenced easement be dedicated for Water Works for the installation of an aerial for the SCADA system. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above referenced easement was approved. EASEMENT DEDICATION — A PARCEL OF LAND BEING A PART OF LOT IA IN SALVATION ARMY KROC COMMUNITY CENTER REPEAT—THE TROYER GROUP In a memorandum to the Board, Mr. Tony Molnar, Engineering, asked that the above referenced easement be dedicated for the Kroc Center. The request is being made by the Troyer Group on behalf of the Kroc Salvation Army. The alley vacation wording was not clear as to whether or not a utility easement was maintained so this easement dedication was suggested to assure it is in place. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above referenced easement was approved. EASEMENT RELEASE — LOT A IN THE RECORDED PLAT OF EDDY STREET COMMONS,FIRST MINOR, FIRST REPEAT—DANCH,HARNER & ASSOCIATES, INC. In a memorandum to the Board, Mr. Tony Molnar, Engineering, asked that an easement be released for Eddy Street Commons, described as 5' public utility & drainage easement south of lot"a" in said plat. The request is being made by Danch, Harner & Associates, Inc., on behalf of Kite Realty. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above referenced easement release was approved. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT—714 DICE COURT Mr. Gilot stated a Revocable Permit has been received from Chuck Pirkowski on behalf of the property owner for the purpose of allowing a brick mailbox to remain in the right-of-way at 714 Dice Court. The permit states the encroachment shall remain in the right of way until the time as the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. Mr. Littrell noted these encroachments should be recorded and run with future property owners so they don't have to be dealt with every time there is a new property owner. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Revocable Permit was approved. APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following traffic control devices were approved and/or denied: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 1003 West Brpan St. 630 South 26' St. 809 South Meade St. REMARKS: All Criteria has been Met DENIED: Handicapped Accessible Parking Space Sign LOCATION: 436 Camden Street REMARKS: Applicant has New, Flat Driveway Providing Better Access to Home REGULAR MEETING SEPTEMBER 13 2010 286 NEW INSTALLATION: No Parking/Loading Zone LOCATION: 2301 Lincoln Way West on Elmer Street Side of Kidz Kompany Day Care NEW INSTALLATION: No Parking Notre Dame Home Games 9:00 a.m. to 1:00 a.m., Tow Zone $100.00 LOCATION: South Side of Angela Blvd. —Eddy St. to Burns St. REMARKS: All Criteria has been Met Mr. Littrell noted that the property owner requesting the handicapped accessible parking space sign at 436 Camden was having difficulty backing out of their driveway due to neighbors parking in front of the drive. He stated they have been contacted and are satisfied that Traffic and Lighting is placing"No Parking Within 5' of Driveway" signs in front of their home. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE— 19490 YODER STREET—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. Kenneth Ray Fritz, 19490 Yoder Street, South Bend, Indiana 46614. 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 19490 Yoder Street, Mr. Fritz waives and releases 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. Littrell made a motion that the Consent be approved. Mr. Gilot seconded the motion, which carried. FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS — DEPARTMENT OF PUBLIC WORKS The Divisions of Environmental Services and Streets submitted their Monthly and Performance Reports for the month of August 2010. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried,the monthly reports were accepted and filed. FILING OF SAFETY REPORTS —DEPARTMENT OF PUBLIC WORKS The Divisions of Streets and Engineering submitted their respective Safety Reports for August 2010. These reports reflect injuries/accidents for each month and provide for a comparison. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the reports were accepted and filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Certificate of Insurance for the following business was accepted for filing: Troyer Construction,Mishawaka, Indiana RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: Business Bond Type Approved/ Effective Date Released Selge Construction Co., Inc. Contractor Approved August 25,2010 Bond Scott Bancroft for TGB Unlimited, Inc. Contractor Approved August 19,2010 dba S/T Bancroft Electric Bond Movtech Enterprises, LLC Contractor Approved August 24,2010 Bond Les Nemeth Contractor Release August 24,2010 Bond Willie's Construction Co. Excavation Release September 30, 2010 Mr. Littrell made a motion that the Bonds approval and/or release as outlined above be ratified. Mr. Gilot seconded the motion, which carried. REGULAR MEETING SEPTEMBER 13 2010 287 APPROVE CLAIMS Mr. Gilot 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 $1,674,622.92 09/13/2010 Therefore, Mr. Gilot made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Littrell seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Rhett Fisher, Ancon Construction Co., Inc. informed the Board that he had submitted the bid for the Erskine Detention Pond Reconstruction project and now realized that when he was making copies of the bid, he set the Non-Collusion Affidavit and Non-Discrimination Commitment form aside and left it there. He requested the Board allow him to fax it over when he returned to his office and he would have the original to the Board in two hours. Mr. Gilot explained the Board would accept it, but Legal would still need to provide a memorandum regarding the Board's required actions in these situations. Mr. Murray Miller, Local No. 645, questioned if the Board was going to waive the rules in the future for missing documents with bids. Attorney Thomas Bodnar stated it depends on the circumstances. If there is already a Non-Discrimination form on file, the bid can be accepted but the Non-Collusion Affidavit needs to be timely. Mr. Bodnar added that the Non-Debarment form is for Federal projects so it does not apply to all bids. Mr. Gilot stated the Board needs a Legal Memorandum on how to deal with these situations. Mr. Bodnar stated he would prepare a Legal Memorandum to the Board that would become part of the Legal record of this project. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried,the meeting adjourned at 10:50 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot,President Donald E. Inks, Member Carl P. Littrell, Member ATTEST: Linda M. Martin, Clerk