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HomeMy WebLinkAbout10/25/10 Board of Public Works MinutesPUBLIC AGENDA SESSION OCTOBER 21, 2010 311 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, October 21, 2010, by Board President Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald Inks was absent. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following items from that list. APPROVAL OF AGREEMENTS /CONTRACTS /PROPOSALS /ADDENDA The following Addendum was submitted to the Board for approval: Type Business Description Amount Motion/ Second Addendum to St. Joseph Addition of the Auten Road/ N/A Littrell /Inks Master County State Road 933 Sub - District Agreement Water and Sewer Project Sewer District APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — DEMOLITION OF _EXISTING OUTFIELD WALL AND CONSTRUCTION OF NEW OUTFIELD WALL — PROJECT NO. 110 -008 I (SBCDA TIF) In a memorandum to the Board, Mr. Bill Schalliol, Community and Economic Development, requested permission to advertise for the receipt of bids for the above referenced project. Mr. Gilot noted that the Title Sheet was also being presented for approval at this time. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above request was approved and the Title Sheet was approved and signed. - Monthly Report of Operations Mr. Al Greek, Environmental Services, Mr. Jeff Hudak, Central Services, and Mr. Dave Tungate, Water Works, presented their respective Monthly Reports for the month of September, 2010. Mr. Greek noted there was one overflow that was caught by CSO sensors. Mr. Gilot asked Mr. Hudak if Equipment Services was going back to reporting fleet availability instead of utilization. Mr. Hudak stated they were. Mr. Gilot stated he understands their availability; he wants to know utilization where there is equipment that gets few hours and few miles and would benefit from being leased rather than owned. He requested Mr. Hudak think like he is the owner of the equipment and think about which equipment he would rent and which equipment would he purchase, to save money. - Safety Reports Mr. Jeff Hudak, Central Services, Mr. Dave Tungate, Water Works, and Mr. Toy Villa, Engineering, presented their respective Safety Reports for the month of September, 2010. - New Installation — Angled Parking Request Mr. Gilot informed the Board that he received a petition from Mr. Marco Mariani, DTSB, with over five- hundred (500) signatures in support of angled parking downtown on Michigan and St. Joseph Streets. Heather Yarbrough, Chicory Cafe, was present and stated her customers are in support of the idea. Mr. Gilot noted it was an impressive petition, but he needed to know that business owners realize they will be losing parking spaces with angled parking. He stated he needs to have the owners of the businesses located on these streets send a letter or e -mail stating they understand the impact and are in favor of the change to angled parking. Mr. Mariani stated it is very difficult to see when pulling out of a parking space and accidents and potential accidents are very high. Ms. Yarbrough noted her customers feel it's difficult to get in and out of parking spaces as they are now. Mr. Littrell stated he disagreed. He noted when coming from the opposite direction to pull into an angled space it is going to be more difficult. Mr. Mariani stated most new urban communities are using this design. He suggested trying it in three blocks and seeing how it goes. If it doesn't work, he suggested they go back to the drawing board. Mr. Gilot noted it is too late to do this year, and there is time before we do this next year. In that time, he suggested getting a map of Michigan Street and St. Joseph Street posted on the City or DTSB's website showing exactly what the angled parking will look like and how many spaces will be available. He also questioned the PUBLIC AGENDA SESSION OCTOBER 21, 2010 312 advisability of doing just one block for a pilot and getting feedback. He noted the number of signatures was impressive but wondered if people really understood the concept. Ms. Yarbrough stated she had conversations with her customers and they did bring up the left turn into a parking space, but they mostly still support the idea. She noted she only had a couple of people against the idea. Mr. Mariani noted there are public safety requirements regarding emergency vehicles and the space on the streets. Mr. Littrell stated it is 15' for each side of the street per Ordinance. Mr. Gilot noted the change in parking would help keep the City in compliance. He added this proposal is predicated on no concrete work, just paint. Mr. Littrell suggested leaving the bump -outs as is, there wouldn't be any spaces gained there. Mr. Mariani noted DTSB talked about closing the alley approach by the old Avon Theater. Mr. Littrell stated that would add about five more parking spaces. He noted they would only be able to get possibly two parking spaces on St. Joseph Street in the South Bend Community School Corporation block, and to accomplish that they would have to wipe out all the markings on St. Joseph Street all the way down to Monroe Street. He noted they may be able to get six spaces in the College Football Hall of Fame block. Mr. Gilot stated they wouldn't be able to put any at the Century Center because it would cause large back -ups in traffic during events at the Century Center. Mr. Gilot requested Mr. Mariani get a table with a map that counts existing parking spaces and how many would be created to get the actuals out there. Mr. Mariani stated he would write a letter to the property owners subject to the final drawing. Encroachment — Christmas Lights, Downtown South Bend Mr. Marco Mariani, Downtown South Bend, presented the Board with an application and pictures of similar Christmas light displays to what he is requesting. He stated he is requesting approval to place LED lights from light pole to light pole, over Michigan Street. He noted the lights were affordable, within his budget. His main concern is keeping required vertical clearance, which he understood to be 14'. Mr. Mariani stated he believed his process would create a 15' to 16' clearance, which would meet or exceed regulations. Mr. Gilot noted the poles in the drawings were thirty foot poles. He suggested the decorative poles downtown would not support the weight of the lights and would have too much sag, possibly even causing the poles to break. Mr. Mariani stated there are no more tall poles on Michigan Street and he would have custom straps made that will eliminate sagging. Mr. Littrell noted that bridges are required to have 14'.6" clearance, but they would also need to talk about clearance away from traffic signals so as not to distract traffic. Mr. Gilot stated they would need to find out what kind of weight and sag the lights would create. He noted they may need to relieve tension already on the poles and remove any other unnecessary weight. Mr. Gilot stated the legal requirement of 14'6" clearance must be met, and informed Mr. Mariani he is signing an Indemnification and Hold Harmless form. He noted Mr. Mariani should be very careful to make sure nothing and nobody is Aamaged or. hurt. He requested. Mr. Mariani work with the vendor's downtown on the installation. Mr. Gilot stated he was not approving the request at this point; he would need to see a weight and sag report on the lights being hung from the decorative poles first.. Award Quotation _ Cleaning and Rehabilitation of North Wells Nos. 2 & 5 Mr. John Wiltrout, Water Works, stated he is not recommending the award of this quote to the lowest bidder. He noted Ortman, the low bidder, gave references for cleaning a 20" well, a requirement of the specs, that were unsubstantiated. The referenced company stated they never had 20" wells; their wells were 12 ". Therefore, Mr. Wiltrout stated he found Ortman's quote non - responsive to the specs and was recommending the Board award the quote to the second lowest responsive bidder, Peerless Midwest. Attorney Cheryl Greene noted there was only a $278.00 difference between the two quotes. Agreement — Zayo Bandwidth, LLC Mr. John Wiltrout, Water Works, noted this agreement is for authorizing Zayo access to the water tower for placement of communications equipment. Attorney Cheryl Greene noted that part of the property is leased and the signature of the property owner is required before proceeding. Mr. Wiltrout noted the company requested to piggy -back on an existing agreement, changing the terms to five years. Mr. Dave Tungate, Water Works, stated the rent for this agreement has not been received from the marketing group since July 2009. Mr. Littrell questioned whether the Board has the authority to allow this, or if they need to go to the Zoning Board to get a special exemption for a cell tower first. Board Attorney Cheryl Greene questioned whether this is a new installation or upgrade. Mr. Wiltrout stated it is both. Ms. Greene noted we need to look at this more, if the marketing company is not responding. Mr. Gilot stated we want cell towers if they pay us L_ f. 1 PUBLIC AGENDA SESSION OCTOBER 21, 2010 313 market rate to stay there. If this company isn't resperr -sive, we need to decide what a reasonable time to relocate for them is. He requested 1 -Mr. Wiltrout contact other Water utilities to find out what they are getting for cell towers on their water towers. The Board agreed to remove this item from the agenda at this time. Change Order Twyckenham Drive Storm Sewer Separation Mr. Toy Villa, Engineering, stated this change order was due to the discovery of a previously unrecorded tunnel, 180' long, that had to be filed, and the resulting additional cuts, and the relocation of a fire hydrant. He noted that even with this increase, the project should still break even. Change Order — Century Center Halls A & B Decorative Wall Panels Mr. Toy Villa, Engineering, stated that this change order was due to bigger anchoring cleats requested for the installation of the wall panels, and installation of extra panels. The Clerk was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. No other business cz.Yr�,- before the Board. The meeting adjourned at 12:13 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President n ✓Utii�d` Ddnald E. Inks, Member CZ�f_�?Ewz Carl P. Littrell, T\ ember AT T ST: i i�da M. Martin, Clerk REGULAR MEETING OCTOBER 25, 2010 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, October 25, 2010, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of a request for the Red Ribbon Procession from the South Bend Heritage Foundation. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Minutes of the Agenda Session, Regular Meeting and Claims Meeting of the Board held on October 7, 2010, October 11, 2010, and October 18, 2010, were approved. OPENING OF BIDS — MEMORIAL HOSPITAL STREETSCAPE IMPROVEMENTS BID PACKAGE 2 — PROJECT NO. 109 -091 B (MEDICAL TIF) This was the date set for receiving and opening of sealed bit's 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: REGULAR MEETING HRP CONSTRUCTION, INC. 5777 Cleveland Road PO Box 266 South Bend, Indiana 46624 -0266 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: Base Bid: $1,118,460.00 Alternate 1: $(88,589.30) Total: $1,029,870.70 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Dustin Hilary Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $1,324,755.96 Alternate 1: $(60,318.30) Total: $1,264,437.66 C &E EXCAVATING, INC. 53767 CR 9 Elkhart, Indiana 46514 Bid was signed by: Mr. Thad Bessinger Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $1,178,397.70 Alternate 1: $(94,155.60) Total: $1,084,242.10 RIETH -RILEY CONSTRUCTION CO. INC. 25200 State Road 23 PO Box 1775 South Bend, Indiana 46614 Bid was signed by: Mr. Todd Kulczar Non- Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $1,058,111.45 Alternate 1: $(79,236.30) Total: $978,875.15 RITSCHARD BROS., INC. 1204 West Sample Street South Bend, Indiana 46601 Bid was signed by: Mr. Donald Ritschard Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $1,161,494.75 Alternate 1: $(93,975.94) Total: $1,067,518.81 OCTOBER 25, 2010 314 u REGULAR MEETING ANCON CONSTRUCTION CO., INC. 2146 Elkhart Road Goshen, Indiana 46526 Bid was signed by: Mr. John Place Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $999,302.06 Alternate 1: $(56,238.84) Total: $943,063.22 THE ROBERT HENRY CORPORATION 404 South Frances Street South Bend, Indiana 46617 Bid was signed by: Mr. Stephen Henry Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Base Bid: $1,147,820.20 Alternate 1: $(118,522.05) Total: $1,029,298.15 OCTOBER 25, 2010 315 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Community and Economic Development and their consultant, and Memorial Hospital for review and recommendation. OPENING OF BIDS — TWO- THOUSAND (2.000). MORE OR LESS. UNIVERSAL NESTABLE REFUSE CONTAINERS (SOLID WASTE RENTALS /CAPITAL LEASE PAYMENTS) 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: PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Ten percent (10 %) Bid Bond was submitted on Qty Item Unit Total 2,000+/- 96- Gallon Rollout Containers $44.75 $89,500.00 Option 1 RFID Tags $1.10 $2,200.00 TOTER INCORPORATED 841 Meacham Road Statesville, North Carolina 28677 Bid was signed by: Ms. Laura Gates Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Ten percent (10 %) Bid Bond was submitted BID: Qty Item Unit Total 2,000+/- 96- Gallon Rollout Containers $46.77 $93,540.00 Option 1 RFID Tags $0.85 $1,700.00 REGULAR MEETING OCTOBER 25, 2010 316 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Solid Waste, Engineering, and Purchasing for review and recommendation. OPENING OF BIDS — ONE (1) OR MORE, 2010 OR NEWER 10 -CUBIC YARD PACKER (SOLID WASTE RENTALS /CAPITAL LEASE PAYMENTS) 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: LINK ENVIRONMENTAL EQUIPMENT, INC. PO Box 158 918 North US Highway 35 Winimac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non- Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted :p Year Make/Model Unit Price 2011 International Model 7400 With a New Way 11 Cubic $114,171.00 Yard Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $8,239.00 LINK ENVIRONMENTAL EOUIPMENT, INC. PO Box 158 918 North US Highway 35 Winamac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted on Year Make/Model Unit Price 2011 Freightliner Model M2 -106 with New Way 11 Cubic $116,895.00 Yard Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $8,239.00 BEST EQUIPMENT CO., INC. 5550 Poindexter Drive Indianapolis, Indiana 46235 Bid was signed by: Mr. Maria Dahlmann Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted IC � Year Make/Model Unit Price 2011 Loadmaster Elite 10 -Yard Rear Loader; Freightliner $118,215.00 M2 Chassis per Specification Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $6,500.00 i REGULAR MEETING OCTOBER 25, 2010 317 • Loadmaster Requires Vulcan Model R20613 • Complete Scale System Vulcan Model G -703 Deflector Transducer Scale System. The Scale System is in Use by the City of South Bend — Deduct $(2,300.00) PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted R Year Make/Model Unit Price 2011 UD230OF /Wayne 10 -Yard Rear Loader $111,279.00 Option # Descri tion Total 1 Complete scale system. Vulcan Model R -206L or $7,680.00 equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. Note: Bidder changed 6 to 4 — Because of length, 4 cell system is all that is required. $7,680.00 PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted No Year Make/Model Unit Price 2011 Freightliner /Wayne Quantum $119,824.00 Option # Descri tion Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $7,680.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Solid Waste and Equipment Services for review and recommendation. OPENING OF BIDS — ONE (1) OR MORE, 2010 OR NEWER 25 -CUBIC YARD PACKER (SOLID WASTE RENTALS /CAPITAL LEASE PAYMENTS) 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: KANN MANUFACTURING CORPORATION PO Box 400 Guttenberg, Iowa 52052 Bid was signed by: Ms. Becky Kelly Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted * . P Year Make/Model Unit Price 2011 International 7400 with Kann Packmaster Rear Loader $154,820.00 Option # Description Total REGULAR MEETING OCTOBER 25 2010 318 1 Complete scale system. Vulcan Model R -206L or Unit Price 2011 equal. Unit to be 6 cell with set point controller to $147,035.00 Option # support (2) 5 amp devices. $9,995.00 2 20,000 lb capacity non -steer pusher axle, silent drive Total 1 Model AA -1455 or equal installed on unit. $6,520.00 LINK ENVIRONMENTAL EQUIPMENT, INC. PO Box 188 918 North US Highway 35 Winamac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted L811 Up Year Make/Model Unit Price 2011 Freightliner Model M2 -106 With New Way 25 -Cubic $147,035.00 Option # Yard $148,051.00 Option # Description Total 1 Complete scale system. Vulcan Model R -206L or $7,250.00 equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $10,073.00 2 20,000 lb capacity non -steer pusher axle, silent drive Model AA -1455 or equal installed on unit. $7,250.00 LINK ENVIRONMENTAL EQUIPMENT. INC. PO Box 188 918 North US Highway 35 Winamac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted on Year Make/Model Unit Price 2011 International 7400 w/New 25 -Cubic yard $147,035.00 Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $10,073.00 2 20,000 lb capacity non -steer pusher axle, silent drive Model AA -1455 or equal installed on unit. $7,250.00 PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted LIM Year Make/Model Unit Price 2011 International /Wayne 25 -Yard Phoenix $149,097.00 Option # Description Total 1 1 REGULAR MEETING OCTOBER 25.2010 319 1 Complete scale system. 'Vulcan Model R -206L or Unit Price 2011 equal. Unit to be 6 cell with set point controller to $138,960.00 Option # support (2) 5 amp devices. $10,290.00 2 20,000 lb capacity non -steer pusher axle, silent drive $11,047.70 2 Model AA -1455 or equal installed on unit. $8,845.00 With Tires & Rims PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted :I Year Make/Model Unit Price 2011 International Pak Mor 325B $138,960.00 Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $11,047.70 2 20,000 lb capacity non -steer pusher axle, silent drive Model AA -1455 or equal installed on unit. $5,900.00 Less Tires & Rims BEST EQUIPMENT CO., INC. 5550 Poindexter Drive Indianapolis, Indiana 46235 Bid was signed by: Mr. Mike Dahlmann Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted I: Year Make/Model Unit Price 2011 Freightliner M2 with 2007 EPA Emissions $155,263.00 Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $9,144.00 2 20,000 lb capacity non -steer pusher axle, silent drive Model AA -1455 or equal installed on unit. $7,061.00 With Tires & Rims ALTERN ATE 2011 Freightliner M2 with 2010 Emissions $161,950.00 Vulcan G -703 $(4,000.00) BEST EQUIPMENT CO., INC. 5550 Poindexter Drive Indianapolis, Indiana 46235 Bid was signed by: Mr. Mike Dahlmann Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed REGULAR MEETING Five percent (10 %) Bid Bond was submitted R OCTOBER 25, 2010 320 Year Make/Model Unit Price 2011 Freightliner M2 with 2007 EPA Emissions $141,512.00 Option # Description Total 1 Complete scale system. Vulcan Model R -206L or equal. Unit to be 6 cell with set point controller to support (2) 5 amp devices. $6,500.00 2 20,000 lb capacity non -steer pusher axle, silent drive Model AA -1455 or equal installed on unit. $5,700.00 RFID tags in refuse containers. $51,420.00 ALTERN ATE Hand held route optimization software and 2011 1 Freightliner M2 with 2010 Emissions $148,129.00 Vulcan G -703 scale System $(2,300.00) Attorney Cheryl Greene informed the Board there was no bid bond present with the bid from Kann Manufacturing. Mr. Gilot noted the Board allows twenty -four hours for the bidder to produce the bid bond, and it must be dated prior to today's Board meeting to show the bond was purchased with the intent to submit it with the bid. If Kann cannot produce a pre -dated bid bond or cashier's check, their bid will be found non - responsive, Mr. Gilot added. * Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Solid Waste and Equipment Services for review and recommendation. * (A bid security check from Kann Manufacturing was found by the Clerk in the envelope that Kann submitted their bid in, after the meeting adjourned.) OPENING OF BIDS — TWO (2) MORE OR LESS 2010 OR NEWER 33 CUBIC YARD SIDE - LOADING REFUSE TRUCKS (SOLID WASTE RENTALS /CAPITAL LEASE PAYMENTS) 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: BEST EQUIPMENT CO., INC. 5550 Poindexter Drive Indianapolis, Indiana 46235 Bid was signed by: Mr. Mike Dahlmann Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted no Year Make /Model Unit Price 2011 Freightliner with 2010 EPA Emissions $221,865.00 Option Description Total 1 On board route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. $51,420.00 2 Hand held route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. $3,350.00 Option Exception 1 & 2: 1. Hardware & Software is for Two Trucks Complete & Installed 2. Software for Hand -Held Unit is Included in The Truck Unit Without Software Included in Truck Unit, Hand Held Cannot 1 1 REGULAR MEETING OCTOBER 25, 2010 321 Function on its Qwn 3. DesertMicro Works Primarily with Toter Carts LINK ENVIRONMENTAL EQUIPMENT, INC. PO Box 158 918 North US Highway 35 Winamac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted i DIU _61 Year Make/Model Unit Price Freightliner Model M2 -106 -V 2011 With an E -Z Pack 33 -Cubic Yard Automated $194,237.00 Side -Load Body Option Description Total 1 On board route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. N/A 2 Hand held route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. N/A LINK ENVIRONMENTAL EQUIPMENT, INC. PO Box 158 918 North US Highway 35 Winamac, Indiana 46996 Bid was signed by: Mr. Terry O'Brien Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted :D Year Make /Model Unit Price Freightliner Model M2 -106 -V 2011 With a New Way 33 -Cubic Yard Automated $197,876.00 Side -Load Body Option Description Total 1 On board route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. N/A 2 Hand held route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. N/A PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted no Year Make /Model Unit Price REGULAR MEETING OCTOBER 25 2010 322 2011 Freightliner /Bridgeport $215,213.00 Option Description Total 1 On board route optimization software and Total 1 hardware complete and ready to use for reading RFID tags in refuse containers. $34,685.00 2 Hand held route optimization software and $34,685.00 2 hardware complete and ready to use for reading RFID tags in refuse containers. $6,352.50 PYRAMID EQUIPMENT 211 South Prairie Street Rolling Prairie, Indiana 46371 Bid was signed by: Mr. Greg Dadlow Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (10 %) Bid Bond was submitted I: E Year Make /Model Unit Price 2011 Freightliner /Wayne Curbtender $214,250.00 Option Description Total 1 On board route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. $34,685.00 2 Hand held route optimization software and hardware complete and ready to use for reading RFID tags in refuse containers. $6,352.50 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Solid Waste and Equipment Services for review and recommendation. OPENING OF BIDS — CENTURY CENTER WATER SOFTENER REPLACEMENT — PROJECT NO. 110 -063 (CENTURY CENTER 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: DYNAMIC MECHANICAL SERVICES, INC. 1606 Chestnut Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Mike Bacsa Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted ME Base Bid $48,600.00 Alternate 1 (Humidifier) $(4,240.00) Alternate 2 (Water Make -Up Line) $(3,860.00) D.A. DODD, INC. 14 East Michigan Street PO Box 430 Rolling Prairie, Indiana 446371 Bid was signed by: Mr. David Dodd Non - Collusion Affidavit was in order I J L71 REGULAR MEETING OCTOBER 25, 2010 323 Non - Discrimination commitment. form was completed Five percent (5 %) Bid Bond was submitted mm Base Bid $55,100.00 Alternate 1 (Humidifier) $(5,160.00) Alternate 2 (Water Make -Up Line) $(7,900.00) EDWARD J. WHITE, INC. 1011 south Michigan Street South Bend, Indiana 46601 Bid was signed by: Mr. Joe White Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted :D Base Bid $60,723.00 Alternate 1 (Humidifier) $(4,804.00) Alternate 2 (Water Make -Up Line) $(5,839.00) IDEAL CONSOLIDATED, INC. 806 West Sample Street South Bend, Indiana 46601 Bid was signed by: Mr. Tim Stuver Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted Base Bid $71,614.00 Alternate 1 (Humidifier) $(6,135.00) Alternate 2 (Water Make -Up Line) $(5,875.00) DELCO, INC. 2720 East Michigan Street Michigan City, Indiana 46360 Bid was signed by: Mr. William Cavinder, II Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted m Base Bid $54,440.00 Alternate 1 (Humidifier) $(4,192.00) Alternate 2 (Water Make -Up Line) $(3,505.00) GRIFFEN P &H, INC. 2310 Toledo Road Elkhart, Indiana 46516 Bid was signed by: Mr. Todd Mikel Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted .I Base Bid $70,822.00 Alternate 1 (Humidifier) $(7,090.00) Alternate 2 (Water Make -Up Line) $(7,190.00) B.C. MECHANICAL, INC. 822 Anderson Road REGULAR MEETING Niles, Michigan 49120 Bid was signed by: Mr. Shane Bays Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted on OCTOBER 25, 2010 324 Base Bid $87,500.00 Alternate 1 (Humidifier) $(6,700.00) Alternate 2 (Water Make -Up Line) $(5,366.00) OJS BUILDING SERVICES, INC. 1008 Lincoln Way East South Bend, Indiana 46601 Bid was signed by: Mr. Stephen Meyer Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted IC Base Bid $67,634.00 Alternate 1 (Humidifier) $(4,778.00) Alternate 2 (Water Make -Up Line) $(8,133.00) Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Century Center and their consultant for review and recommendation. OPENING OF BIDS — SALE OF CITY PROPERTY - 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. No bids were received. Clerk of the Board, Linda Martin, stated this property was re- advertised after it was found that the Notice to Bidders did not get published the first time. She stated all adjoining property owners had received letters notifying them of the sale of the property; however the legal requirement of advertising for bids was missed. Ms. Aida Ortiz submitted a bid of $600.00 when the original letters were sent. This was the only bid received. Attorney Cheryl Greene noted the law gives preference to adjoining property owners in the sale of City property. If no other bids were received after advertising, the law allows for the City to sale the property on the open market. She stated Ms. Ortiz would be the obvious preference and she should be notified that if she is still interested, her bid would be accepted. AWARD BID AND APPROVE CONSTRUCTION CONTRACT — OLIVER INDUSTRIAL PARK IMPROVEMENTS — PROJECT NO. 110 -065 — BASE BIDS I II AND ALTERNATE A (AEDA TIFF Mr. Rob Nichols, Engineering, advised the Board that on October 11, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, L.L. Geans, in the amount of $414,826.25. Additionally, the Construction Contract was submitted for approval. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BID AND APPROVE CONSTRUCTION CONTRACT — OLIVER INDUSTRIAL PARK IMPROVEMENTS — PROJECT NO. 110 -065 — SITE LANDSCAPING (AEDA TIM Mr. Rob Nichols, Engineering, advised the Board that on October 11, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Nichols recommended that the Board award the contract to the lowest responsive and responsible bidder, Fuerbringer Landscape, in the amount of $74,882.00. Additionally, the Construction Contract was submitted for approval. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Littrell seconded the motion, which carried. 1 REGULAR MEETING OCTOBER 25, 2010 325 AWARD QUOTATION — JEFFERSON & WAYNE . ELECTRICAL OUTLETS REPAIRS= PROJECT NO. 110 -067 (SBCDA TIF) Mr. John Engstrom, Engineering, advised the Board that on October 11, 2010, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Engstrom 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 $8,843.00. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion, which carried. AWARD QUOTATION — CLEANING & REHABILITATION OF NORTH WELLS NOS. 2 & 5 — PROJECT NO 110 -066 (WATER WORKS OPERATING) Mr. John Wiltrout, Water Works, advised the Board that on October 11, 2010, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Wiltrout recommended that the Board award the contract to the second lowest responsive and responsible bidder, Peerless Midwest, 55860 Russell Industrial Parkway, Mishawaka, Indiana 46545, in the amount of $28,950.00 for both wells. In his memorandum, Mr. Wiltrout stated the apparent low bidder, Ortman Drilling, gave references for cleaning a 20" flowing well that were found to be unsubstantiated. The referenced company stated they do not have 20" wells; their largest well was 12 ". Mr. Wiltrout noted he asked for specific chemicals and amounts to be used, and references of comparable work, citing well diameter, 2000 gallon flow rate, and work done on a flowing well. Mr. Wiltrout stated Ortman's information was incomplete on their quote form. Therefore, Mr. Inks made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Littrell seconded the motion, which carried. RATIFY EMERGENCY QUOTATION AWARD — HOLT COURT AND HAMPSHIRE DRIVE STORM SEWER REPAIR (SEWER CONTRACTUAL SERVICES) In a Memorandum to the Board, Mr. Patrick Henthorn, Engineering, advised that the storm water outfall pipe located on the south side of the Kensington West basin had several sections of pipe that were collapsing. This pipe was made out of corrugated metal and had other sections that had already failed and were repaired in the past. Mr. Henthorn stated Underground Services was hired on am emergency basis to repair the collapsed sections and replace the remaining sections of corrugated metal pipe. The pipe is located behind several homes and it was found to be more economical to replace the remaining corrugated metal pipe at this time because of the restoration cost to the home owner's lawns. Therefore, Mr. Henthorn requested that the Board ratify the award of the emergency repair to Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana 46601, in the amount of $50,344.27. Upon a motion by Mr. Inks, seconded by Mr. Littrell and carried, the award of the emergency repair was approved. RATIFY EMERGENCY QUOTATION AWARD — BOWMAN CREEK 60" BRICK PIPE SEWER REPAIR (SEWER CONTRACTUAL SERVICES) Mr. Rob Nichols, Engineering, advised the Board that during a routine inspection of the brick pipe that runs under a portion of the Riley High School property, Studebaker Golf Course, and Bowman Creek, a section of the pipe was found to have the bottom missing. This posed a danger of possible collapse and contamination of Bowman Creek. HRP Construction, 5777 Cleveland Road, Post Office Box 266, South Bend, Indiana 46624, was hired on an emergency basis and repaired the pipe while the sewer remained in service. Mr. Nichols requested the Board ratify the emergency award of the repair in the amount of $13,194.31. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the quotation award be ratified as outlined above. Mr. Inks seconded the motion, which carried. APPROVE CHANGE ORDER NO. 3 — TWYCKENHAM DRIVE SEWER SEPARATION — PROJECT NO. 108 -05 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, had submitted Change Order No. 3 on behalf of Woodruff & Sons, Inc., 2125 East US Highway 12, Michigan City, Indiana 46361, indicating the Contract amount be increased by $38,699.62 for a new Contract sum, including this Change Order, in the amount of $4,449,347.27. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — CENTURY CENTER HALLS A & B DECORATIVE WALL PANELS (CENTURY CENTER) Mr. Gilot advised that Mr. Toy Villa, Engineering, had submitted Change Order No. 1 on behalf of Brown & Brown General Contractors, Inc., 124 South Elkhart Street, Wakarusa, Indiana 46573, indicating the Contract amount be increased by $3,724.20 for a new Contract sum, REGULAR MEETING OCTOBER 25, 2010 326 including this Change Order, in the amount of $71,449.20. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Orderwas approved. APPROVE FINAL CHANGE ORDER NO. 5 (FINAL) — INDOT STIMULUS MILL AND FILL — (STIMULUS FUNDS) Mr. Gilot advised that Mr. Rob Nichols, Engineering, had submitted Change Order No. 5 (Final) on behalf of Rieth -Riley Construction, 25200 State Road 23, Post Office Box 1775, South Bend, Indiana 46634, indicating the contract amount be increased by $2,579.36 for a new contract sum, including this Change Order, of $1,182,645.21. Mr. Littrell noted this is a Federal funded project so there is no Project Completion Affidavit. The Final Change Order is accepted as the close -out indicating this new total amount of $1,182,645.21. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, Change Order No. 5 (Final) was approved. ADOPT RESOLUTION NO. 66 -2010 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGARDING THE RETIREMENT OF "FRITZ" A K -9 DOG 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. 66-2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGARDING THE RETIREMENT OF "FRITZ ", A K -9 DOG WHEREAS, the South Bend Board of Public Works has been advised by the City's Police Chief that "Fritz ", a K -9, is no longer needed by the South Bend Police Department; and WHEREAS, it has been determined by the Board of Public Works that "Fritz" is unfit for the purpose for which he was acquired and is no longer of use to the City of South Bend; and WHEREAS, Sergeant Steven Spadafora, South Bend Police Department, has agreed to care for "Fritz" at his own expense and to keep him as a house pet and understands that "Fritz" can never again be used as a Police Dog; and WHEREAS, the South Bend Police Chief has submitted a letter stating that the dog is no longer fit for purpose for which he was intended, to be a member of the Canine Unit of the South Bend Police Department, and is therefore no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that "Fritz ", a K -9 Police Dog, is unfit for the purpose for which he was acquired, is no longer of use to the City of South Bend, and has an estimated value of less than One- Thousand Dollars ($1,000.00). BE IT FURTHER RESOLVED, that "Fritz" the Police Dog, should be retired (he has already been removed from active duty) and sold to Sergeant Steven Spadafora for One Dollar (1.00), providing Sergeant Spadafora executes an indemnity agreement. ADOPTED this 25th day of October, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary A. Gilot, President s /Donald E. Inks, Member s /Carl P. Littrell, Member ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 67 -2010 — A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA. DUE TO THE EXERCISE OF EMINENT DOMAIN Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING OCTOBER 25, 2010 327 RESOLUTION NO. 67-2010 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN (1050 Burns Avenue, South Bend, Indiana) WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend, Indiana (the "Board ") adopted Resolution No. 43 -2010, entitled "A Resolution Of The City Of South Bend Board Of Public Works Confirming Acquisition Of Property In The City Of South Bend, Indiana (Eddy Knolls Right of Way Street Project) " which confirmed the Board's intent and desire to acquire property as set forth in Exhibit "A" (the "Property "), said Exhibit being attached hereto and incorporated herein and which was conclusive as to all persons; and WHEREAS, Resolution No. 43 -2010, further directed the Staff to prepare a list of all the property owners or holders of the Property, and of interests in it, sought to be acquired or to be injuriously affected by the resolution and to file such list with the Board for further consideration as to the damages, if any, and the benefits, if any, resulting to such owners or holders by reason of the appropriation as by law provided; and WHEREAS, the Staff prepared and filed with the Board a report as directed by Resolution No. 43 -2010, setting forth the fair market values of said Property as indicated in the form attached hereto; and WHEREAS, the Board has considered the Staff's report and the appraisals, and finds that the amount of damages as indicated should be paid to the owner of the Property on account of the Board's acquisition of the Property; and NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board now awards damages sustained to the Owner of the Property in the amounts specified in Exhibit "A" on account of the Board's acquisition of the Property situated in St. Joseph County, State of Indiana. 2. The Staff of the Board is authorized and directed to cause written notices of this Resolution to be served upon the owners of record of the Property showing the amount of the damages awarded herein and setting this Resolution for further consideration on November 8, 2010, at 10:30 a.m. in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from persons with regard to their respective awards, if any, and take final action sustaining or modifying the awards established in this Resolution. 3. Persons disagreeing with the awards made herein must file a remonstrance in writing on or before 10:30 a.m. on November 8, 2010. 4. In the absence of a written remonstrance, the Board shall confirm and sustain the awards as specified herein. 5. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on October 25, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President REGULAR MEETING ATTEST: s /Linda Martin, Clerk s /Carl Littrell s/Donald Inks Exhibit "A" OCTOBER 25, 2010 328 LIST OF OWNERS OR HOLDERS RIGHT OF WAY PROPERTY SOUGHT TO BE ACQUIRED AND DAMAGES AWARDED Owner Type of Awarded (per tax rolls) Address Tax Key No. Interest Damages N. Wayne 1050 Burns Avenue 018 -5099 -3500 Permanent $209,900.00 Curry, Jr. Taking ADOPT RESOLUTION NO. 68 -2010 - A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND INDIANA DUE TO THE EXERCISE OF EMINENT DOMAIN Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 68 - 2010 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN (1054 -1056 Burns Avenue, South Bend, Indiana) WHEREAS, on July 12, 2010, the Board of Public Works of the City of South Bend, Indiana (the "Board ") adopted Resolution No. 43 -2010, entitled "A Resolution Of The City Of South Bend Board Of Public Works Confirming Acquisition Of Property In The City Of South Bend, Indiana (Eddy Knolls Right of Way Street Project) " which confirmed the Board's intent and desire to acquire property as set forth in Exhibit "A" (the "Property "), said Exhibit being attached hereto and incorporated herein and which was conclusive as to all persons; and WHEREAS, Resolution No. 43 -2010, further directed the Staff to prepare a list of all the property owners or holders of the Property, and of interests in it, sought to be acquired or to be injuriously affected by the resolution and to file such list with the Board for further consideration as to the damages, if any, and the benefits, if any, resulting to such owners or holders by reason of the appropriation as by law provided; and WHEREAS, the Staff prepared and filed with the Board a report as directed by Resolution No. 43 -2010, setting forth the fair market values of said Property as indicated in the form attached hereto; and WHEREAS, the Board has considered the Staff's report and the appraisals, and finds that the amount of damages as indicated should be paid to the owner of the Property on account of the Board's acquisition of the Property; and NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board now awards damages sustained to the Owner of the Property in the amounts specified in Exhibit "A" on account of the Board's acquisition of the Property situated in St. Joseph County, State of Indiana. 2. The Staff of the Board is authorized and directed to cause written notices of this Resolution to be served upon the owners of record of the Property showing the is REGULAR MEETING OCTOBER 25, 2010 329 amount of the damages .awarded herein and setting this Resolution for further consideration on November 8, 2010, at 10:30 a.m. in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from persons with regard to their respective awards, if any, and take final action sustaining or modifying the awards established in this Resolution. 3. Persons disagreeing with the awards made herein must file a remonstrance in writing on or before 10:30 a.m. on November 8, 2010. 4. In the absence of a written remonstrance, the Board shall confirm and sustain the awards as specified herein. 5. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on October 25, 2010, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: s /Linda Martin, Clerk CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s /Carl Littrell s /Donald Inks Exhibit "A" LIST OF OWNERS OR HOLDERS RIGHT OF WAY PROPERTY SOUGHT TO BE ACQUIRED AND DAMAGES AWARDED Owner Type of Awarded (per tax rolls) Address Tax Key No. Interest Damages Samuel Kariuki 1054 -1056 Burns 018 -5099 -3497 Permanent $145,000.00 & Betty Kariuki Avenue 018 -5099 -3493 Taking ADOPT RESOLUTION NO. 69 -2010 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA, RECOMMENDING THE ACQUISITION CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF REVENUE BONDS FOR THE PAYMENT OF COSTS THEREOF AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF THE SEWAGE WORKS AND OTHER MATTERS RELATED THERETO Mr. Littrell questioned whether there is a provision in this Resolution allowing Engineering to reimburse themselves for funds needed to get the work started. He noted it would be advantageous to be able to encumber funds to get the work going, and reimburse the funds once the revenue bond funding is available. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works subject to granting Engineering the authority needed for reimbursement of funds directly related to these projects: RESOLUTION NO. 69-2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ACQUISITION, CONSTRUCTION AND INSTALLATION OF CERTAIN ADDITIONS, EXTENSIONS AND IMPROVEMENTS TO THE CITY'S SEWAGE WORKS, THE ISSUANCE AND SALE OF REVENUE BONDS FOR THE PAYMENT OF COSTS THEREOF, AND THE COLLECTION, SEGREGATION AND DISTRIBUTION OF THE REVENUES OF THE SEWAGE WORKS AND OTHER MATTERS RELATED THERETO REGULAR MEETING OCTOBER 25.2010 330 WHEREAS, the City of South Bend, Indiana (the "City ") has established, constructed and financed a sewage works (the "Sewage Works ") and now owns and operates the Sewage Works, by and through its Board of Public Works (the "Board "), pursuant to IC 36 -9 -23, as amended, and other applicable laws. WHEREAS, the Board has determined and desires to recommend to the Common Council of the City (the "Common Council ") that certain additions, extensions and improvements to the Sewage Works, as described herein, are necessary. WHEREAS, the Board hereby directs McCormick Engineering, LLC, Lawson - Fisher Associates, P.C., Jones and Henry Engineers, Ltd., The Troyer Group, Inc., Gary A. Gilot and Carl P. Littrell (collectively. the "Engineers "), to prepare and file plans, specifications, and detailed descriptions and estimates of the costs of the necessary additions, extensions and improvements of the Sewage Works, and directs that such plans, specifications, descriptions and estimates, to the extent required by law, should be submitted to and approved by all governmental authorities having jurisdiction thereover, including, without limitation, the Indiana Department of Environmental Management ( "IDEM "), if and to the extent IDEM approval is required under Indiana law (the additions, extensions and improvements as described in the Engineers' plans and specifications and below, are referred to herein as the "Project "). WHEREAS, the Board has determined, based on the estimates prepared and delivered by the Engineers, that the costs (as defined in Indiana Code Section 36- 9- 23 -11) of the acquisition, construction and installation of such additions, extensions and improvements to the Sewage Works, including all authorized costs relating thereto, and including the costs of the issuance of bonds on account of the financing of all or a portion thereof, will be in the estimated amount of Nine Million Three Hundred Forty -Five Thousand Dollars ($9,345,000). WHEREAS, the City will advertise for and receive bids for the Project, and such bids will be subject to the Common Council's determination to acquire, construct and install the Project and the City obtaining funds for the Project. WHEREAS, the Board has determined that to provide funds necessary to pay for the costs of the Project, it will be necessary for the City to issue sewage works revenue bonds in a principal amount not to exceed Nine Million Three Hundred Forty -Five Thousand Dollars ($9,345,000). WHEREAS, the City has previously issued bonds (the "Prior Bonds ") payable from the net revenues of the Sewage Works, all as described in the form of the 2010 Bond Ordinance (as defined below), pursuant to the Prior Ordinances (as defined in the 2010 Bond Ordinance). WHEREAS, the Board deems it advisable and recommends to the Common Council that the City issue revenue bonds payable from the revenues of the Sewage Works in an original amount not to exceed Nine Million Three Hundred Forty -Five Thousand Dollars ($9,345,000) (the "2010 Bonds "), for the purpose of providing for the payment of (i) the Project, and (ii) the costs of issuing such 2010 Bonds. WHEREAS, the Prior Ordinances permit the issuance of additional bonds payable from the revenues of the Sewage Works and ranking on a parity with the Prior Bonds for the purpose of financing additions, extensions and improvements to the Sewage Works provided certain conditions are met, and the Board has determined, based upon information provided to the Board by Crowe Horwath, LLP, the City's financial advisors, that the finances of the Sewage Works will enable the City to meet the conditions for the issuance of additional parity bonds and that, accordingly, the 2010 Bonds shall rank on a parity with the Prior Bonds. WHEREAS, the Board has reviewed the form of a bond ordinance to be adopted by the Common Council authorizing the City to issue and sell the 2010 Bonds for the purpose of financing the Project (the "2010 Bond Ordinance "), a copy of which is attached hereto as Exhibit A, and the Board has found the 2010 Bond Ordinance to be satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The Board hereby recommends to the Common Council that the improvements described on Exhibit B attached hereto, which constitute the Project, be made to the Sewage Works. Section 2. To provide funds necessary to pay for the costs of the Project, the Board hereby approves and recommends to the Common Council the issuance by the City of sewage works revenue bonds in a principal amount not to exceed Nine Million Three Hundred Forty - Five Thousand Dollars ($9,345,000). REGULAR MEETING OCTOBER 25, 2010 331 Section 3. The Board hereby approves the ,substantially final form of the 2010 Bond Ordinance presented to this meeting and recommends to the Common Council the adoption of such 2010 Bond Ordinance which sets forth the terms and conditions of the 2010 Bonds to be issued thereunder. Section 4. The Board hereby ratifies the actions taken to file the 2010 Bond Ordinance with the Clerk of the City ( "City Clerk ") for presentation to the Common Council, and the Clerk of the Board is hereby directed to present a copy of this Resolution to the City Clerk for presentation to the Common Council for its consideration, as soon as may be done, thereby requesting the issuance of the 2010 Bonds. Section 5. This Resolution shall be in full force and effect from and after its adoption by the Board. Adopted at a meeting of the Board of Public Works of the City of South Bend, Indiana, on this 25th day of October, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Donald Inks 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 Service Physio Control Yearly Maintenance for 500 $12,642.00 Inks /Littrell Support Arts Caf6 Lifepak AEDs (General Subject to 45 Agreement to 5:00 p.m. Fund) Degree Amendment Abonmarche Jefferson & Niles Additional Inks /Littrell to Consultants, Streetscape Modernization & $8,100 Professional LLC Intersection Improvements — (SBCDA Services Project No. 110 -033 Bond) Agreement Addendum Redevelopment Oliver Industrial Park N/A Inks /Littrell to Master Commission Improvements — Project No. Agency 110 -065 Agreement Professional JFNew Change in Scope of Work $11,000 Inks /Littrell Services for LID Consulting Services (Sewer Other Addendum to Include Fredrickson Park, Contractuals) Kennedy Park, and Potential BMP Stormwater Applications for City's Vacant Lots Addendum Lawson - Fisher East Bank Improvement Sewer Bond Inks /Littrell to Associates P.C. Area Sewer Study - Use of Professional Remaining Funds from the Services Study Phase for Survey Agreement Work -Project No. 109 -070 APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date /Time Location Motion Carried Near Northwest Street Closure — November 7, Cottage Grove from Inks /Littrell Neighborhood, Arts Caf6 2010; 9:00 a.m. Lindsey to VanBuren; Subject to 45 Inc. to 5:00 p.m. Lindsey from Cushing to Degree REGULAR MEETING OCTOBER 25, 2010 332 APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT -OF -WAY — MICHIGAN STREET, DOWNTOWN SOUTH BEND STREET LIGHT POLES Mr. Gilot advised that the Board is in receipt of an application from Downtown South Bend, Inc., for the installation of Christmas lights across Michigan Street in the downtown area, subject to an Indemnification and Hold Harmless Undertaking. Upon a motion made by Mr. Inks, seconded by Mr. Gilot, and carried, the recommendation was approved subject to DTSB producing a report on the weight and sag the lights will cause by being hung on the light poles. Mr. Gilot noted the clearance requirements of 14' 6 "' must be met and maintained. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following handicapped traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 202 North Sheridan 1317 Canterberry Drive 1313 Eclipse Street REMARKS: All criteria has been met Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the installation of the following traffic control devices was approved: NEW INSTALLATION: No Parking Notre Dame Home Games LOCATIONS: West Side of Rosemary Lane, from Charles St. to Edison REMARKS: All criteria has been met NEW INSTALLATION: No Turn on Red LOCATIONS: Lafayette & Sample for Southbound Traffic REMARKS: All criteria has been met Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the removal of the following handicapped traffic control devices was approved: REMOVAL: Handicapped Accessible Parking Space Sign LOCATION: 1506 South Taylor Street 838 S. Edison Ave. REMARKS: Signs No Longer Needed TABLE REQUEST FOR STREET NAME CHANGE AND CHANGE TO ONE -WAY TRAFFIC Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the Board tabled the following request from Provident Ministries, Ltd.: NEW INSTALLATION: Street Name Change and Change to One -Way Traffic LOCATION: Change Assumption Drive to Chapel Hill Drive; Change to One -Way Street 1 1 Cottage Grove Closure Only at Cottage Grove and Lindsey St. Joseph Procession — December 4, A 6K run and 3K Walk Inks /Littrell Catholic St. Nick Six 2010; 7:00 a.m. Primarily Along the East Church to 11:30 a.m. Race and Using Surrounding Streets South Bend Red Ribbon November 1, Colfax Cultural Center, Inks /Littrell Heritage March 2010; 9:30 a.m. East on Lincolnway Foundation to 11:00 a.m. West, south on Williams St., East on Jefferson to Century Center APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT -OF -WAY — MICHIGAN STREET, DOWNTOWN SOUTH BEND STREET LIGHT POLES Mr. Gilot advised that the Board is in receipt of an application from Downtown South Bend, Inc., for the installation of Christmas lights across Michigan Street in the downtown area, subject to an Indemnification and Hold Harmless Undertaking. Upon a motion made by Mr. Inks, seconded by Mr. Gilot, and carried, the recommendation was approved subject to DTSB producing a report on the weight and sag the lights will cause by being hung on the light poles. Mr. Gilot noted the clearance requirements of 14' 6 "' must be met and maintained. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following handicapped traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 202 North Sheridan 1317 Canterberry Drive 1313 Eclipse Street REMARKS: All criteria has been met Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the installation of the following traffic control devices was approved: NEW INSTALLATION: No Parking Notre Dame Home Games LOCATIONS: West Side of Rosemary Lane, from Charles St. to Edison REMARKS: All criteria has been met NEW INSTALLATION: No Turn on Red LOCATIONS: Lafayette & Sample for Southbound Traffic REMARKS: All criteria has been met Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the removal of the following handicapped traffic control devices was approved: REMOVAL: Handicapped Accessible Parking Space Sign LOCATION: 1506 South Taylor Street 838 S. Edison Ave. REMARKS: Signs No Longer Needed TABLE REQUEST FOR STREET NAME CHANGE AND CHANGE TO ONE -WAY TRAFFIC Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the Board tabled the following request from Provident Ministries, Ltd.: NEW INSTALLATION: Street Name Change and Change to One -Way Traffic LOCATION: Change Assumption Drive to Chapel Hill Drive; Change to One -Way Street 1 1 REGULAR MEETING OCTOBER 25, 2010 333 Mr. Gilot noted that the City had agreed to some street improvements if the Provident Ministries would vacate the street and take over the maintenance. He noted the Church is the only property located on this street. TABLE RECOMMENDATION — PETITION FOR ANGLED PARKING Mr. Gilot stated that the Board is in receipt of a petition with five hundred (500) signatures to change the parking along North and South Michigan Street from Colfax Avenue to Western Avenue to angled parking. Mr. Inks questioned why the petitioners wanted to make this change; if it is a matter of safety. Mr. Gilot stated it was a safety issue, they believe it will decrease the number of accidents when citizens are backing out of parking spaces. Mr. Inks stated if he is driving along Michigan Street looking for parking, he will pull into the first available on either side of the street. He noted if he had to pull into an angled space from the opposite side of the street, rather than try to make the turn, he would be inclined to leave. Mr. Gilot made a motion to table the request at this point until a map is produced showing the actual design and the number of parking spaces that will be lost. He noted he requested Mr. Mariani, Downtown South Bend, get signatures from all of the business owners after they have reviewed the drawings, showing they support the concept. Mr. Inks seconded the motion, which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 24805 EDISON ROAD - WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Ms. Judith Dzikowski, 24805 Edison Road, South Bend, Indiana 46628. The Consent indicates that in consideration for permission to tap into the public water system of the City, to provide water service to the above referenced property at 24805 Edison Road (Key # 004 -1021- 036914), Ms. Dzikowski waives and releases any and all rights 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. Inks seconded the motion, which carried. FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS — DEPARTMENT OF PUBLIC WORKS The Divisions of Environmental Services, Central Services and Water Works submitted their Monthly and Performance Reports for the month of September 2010. There being no further discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the monthly reports were accepted and filed. FILING OF SAFETY REPORTS — DEPARTMENT OF PUBLIC WORKS The Divisions of Water Works, Central Services, and Engineering, submitted their respective Safety Reports for September 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. Littrell, seconded by Mr. Inks and carried, the reports were accepted and fled. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Certificate of Insurance for the following business was accepted for filing: Zebell's Corp., Goshen Indiana APPROVE CLAIMS Mr. Inks 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 $562,102.67 10/19/2010 City of South Bend $2,593,000.40 10/25/2010 St. Joseph County Housing Consortium $4,320.00 10/13/2010 St. Joseph County Housing Consortium $6,000.00 10/13/2010 St. Joseph County Housing Consortium $20,071.25 10/13/2010 St. Joseph County Housing Consortium $4,620.00 10/13/2010 REGULAR MEETING OCTOBER 25, 2010 334 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Littrell seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 10:48 a.m. BOARD OF PUBLIC WORKS &nn� Gary A. Gilot, President 4D nald 4Enks4, Member (Z oz'2 Carl P. Littrell, Member ATTEST: i da M. Martin, derk 1 1