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Home My WebLink About11/18/2010 Board of Public Works MinutesPUBLIC AGENDA SESSION NOVEMBER 18, 2010 353 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, November 18, 2010, by Board President Mr. Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald E. 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. ADDITION AND REMOVAL OF AGENDA ITEMS Mr. Gilot stated there was an addition of an Opening of Proposals for Coveieski Stadium Turf, a Contract with INDOT; a No Parking Sign installment; and a request to remove four (4) bid awards on the agenda for trash trucks and refuse containers. Upon a motion by Mr. Gilot, seconded by Mr. Littrell and carried, the agenda was approved with the additions and removals of the items. APPROVE CHANGE ORDER NO. 3 — MIAMI ROAD WIDENING (KERN ROAD TO JACKSON ROAD) — PROJECT NO. 98 -082 (FHWA/LRSA) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of Hoffman Bros., Inc., 8574 Verona Road, Battle Creek, Michigan 49014, indicating the Contract completion date be increased by nineteen (19) days. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVAL OF AGREEMENT The following Agreement was submitted to the Board for approval: Type Business Description Amount Motion/ Second Grant of First Brethren Grant of Permanent Waterline $16,365 Littrell / Gilot Permanent Church of Easement at the Ironwood of 26th Street & Waterline South Bend, Drive Water Main Extension Mishawaka Avenue, Easement Inc. a.m. West on Mishawaka AUTHORIZE APPROVAL OF ACCESS AGREEMENT - T- MOBILE Attorney Cheryl Greene informed the Board that two (2) meetings ago they had reviewed a request from T- Mobile for access to the water tower on Greenock Blvd to do some upgrades to their antenna. She noted the Board does not have the authority to keep T- Mobile off of the property with the current agreement, but the agreement is with the marketing company and they have not been paying the City according to the terms of the agreement. Ms. Greene noted the current agreement authorizes the marketing company to receive payment as long as T- Mobile is on the tower. She has made numerous attempts to contact the owner of the marketing company, but he is in the military. She noted the law would protect him due to his being away in the military. Ms. Greene confirmed the new agreement will not be with the marketing company, it will be with T- Mobile and the company doing the work on the tower. Ms. Greene requested the Board authorize approval of a new access agreement with an acceptable site plan, approved by Water Works. Therefore, upon a motion by Mr. Littrell, seconded by Mr. Gilot and carried, the Board authorized Legal to approve an access agreement with T- Mobile subject to Mr. John Wiltrout, Water Works, approving a site plan. APPROVAL OF STREET CLOSURES /PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date /Time Location Motion Carried Secure River Procession — November 20, Begin at the Intersection Gilot/Littrell Park "Solidarity 2010; 10:00 of 26th Street & Committee Against Crime" a.m. to 11:00 Mishawaka Avenue, a.m. West on Mishawaka Avenue, North on 25th Street, East at the Railroad Tracks, South on 26th Street to the Intersection at Mishawaka Avenue PUBLIC AGENDA SESSION NOVEMBER 18, 2010 354 APPROVAL OF RECOMMENDATION — GRANT OF PERMANENT WATERLINE EASEMENT — IRONWOOD DRIVE WATER MAIN EXTENSION — PROJECT NO. 109 -052 Mr. Gilot advised that the Board is in receipt of a Grant of Permanent Waterline Easement from the City of South Bend's Division of Water Works, with the First Brethren Church of South Bend, Inc., located on Ironwood Drive. The Easement includes a portion of the First Brethren Church's property on Ironwood for the above referenced project. The First Brethren Chuch is being reimbursed in the amount of $16,365.00. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVE CHANGE ORDER NO. 1 — IRELAND ROAD BOOSTER STATION — PROJECT NO. 109 -054 (REVENUE BONDS) Mr. Gilot advised that Mr. John Wiltrout, Water Works, submitted Change Order No. 1 on behalf of John Boettcher Sewer & Excavating, 3305 North Home Street, Mishawaka, Indiana 46545, indicating the Contract amount be increased by $34,368.57 for a new Contract sum, including this Change Order, in the amount of $364,498.32. Mr. John Wiltrout, Water Works, stated this Change Order was for the extension of a water main to loop it into the Ireland Road water tank. He noted it made more sense to loop into the closest water tank rather than extend it to one farther away. Mr. Wiltrout added that John Boettcher Sewer and Excavating is already out there working so they are able to do the extension for less than anyone else. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. Board Members discussed the following Agenda items: - Safety Reports Mr. Jeff Hudak, Central Services, and Mr. Ed Herman, Water Works, presented their respective Safety Reports for the month of October, 2010. Water Works had no injuries to report. Central Services had two (2) minor accidents to report. - Monthly Reports Mr. Jeff Hudak, Central Services, Mr. Al Miller, Radio Shop, and Mr. Ed Herman, Water Works presented their respective Monthly Reports for the month of October, 2010. Mr. Hudak stated he prepared his report differently this month to try to show utilization rather than availability. Mr. Hudak noted he chose the Sewer Department to use as a basis for the report. Mr. Gilot stated he would like to see firm capacity versus redundancy to show if all equipment of a like kind is being utilized at once, or if only some of the equipment is being used at once. He noted his goal is to see rental cost versus purchase and maintenance cost for equipment. Mr. Gilot stated when you see less than fifty (50) hours per year usage; you have to wonder whether you are better off purchasing or renting. Mr. Gilot questioned whether the meter on the equipment could be broken, giving inaccurate readings. Mr. Hudak stated he would check that, but he did not believe so. Mr. Gilot requested that Mr. Hudak include a description of what the equipment is on his report also. He suggested when Mr. Hudak completes his information in the report that he send it to the Director of Sewers to review and determine if renting the under - utilized equipment would be a savings to the department. Mr. Al Miller, Radio Shop, noted his preventative maintenance report shows a low percentage of success due to an increase in new vehicles needing installation. Mr. Gilot noted the radio shop is always low on their goals, and they should look at the possibility that they are setting their goals too high. He suggested they look at the big picture; if they are making 50% of their goal on annual maintenance, should they set their goal at two (2) year preventative maintenance checks rather than one (1) year, or would stretching it to two years cause more corrective rather than preventative maintenance. Mr. Miller stated it probably would cause more corrective maintenance because they check all mechanicals when doing preventative maintenance, not just radios. Mr. Gilot stated they would need to look at how changing it to two year maintenance checks would affect the warranty. Request to Advertise for the Receipt of Bids Steve Cox, Fire Department, informed the Board that the Fire Department was requesting to purchase a new style of mechanical cot that has been shown to decrease the number of back and leg injuries to the emergency personnel. He noted there has been an epidemic of back injuries and surgery in the South Bend Fire Department. He stated the City of Mishawaka has been using these cots for over five (5) years and they have had no back injury claims in that time. Mr. Gilot stated Mr. Cox should present a report of the cost to the City for the medical claims for back injuries versus the cost of the new cots, to the PUBLIC AGENDA SESSION NOVEMBER 18, 2010 355 City Controller. He noted the Controller may approve a transfer of funds to cover the purchase of more cots if it is found to be cost effective. Resolution No. 73 -20 10 — Concerning Emergency Board -Up Contracts Attorney Thomas Bodnar informed the Board that the City has been working under the previous contract for about ten (10) years. The new contract will make some changes such as including both the Fire and the Police Department in the contract. He noted it will allow for the City to pay a small amount of money to the contractors. He stated there have been problems in the past with contractors showing up to make the repairs if they find out the owners have no insurance. Mr. Bodnar noted he is asking the Board to approve the form of contract; the actual approval process will be done by the Board of Safety. He stated the new terms should help solve the problem with contractors not showing up. Terms were added requiring the contractors to return the call from the City within fifteen (15) minutes, acknowledging that they received a call. Ms. Greene questioned what the contractors are used for. Mr. Bodnar stated they are used for fires, for SWAT raids, and other Police circumstances where damage has been done to a building. 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 came before the Board. The meeting adjourned at 11:57 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President D nald E. Inks, Member L Carl P. Littrell, Member ATTEST: �_, da M. Martin, Clerk REGULAR MEETING NOVEMBER 22, 2010 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, November 22, 2010, by Board President Gary A. Gilot, with Board Member Carl P. Littrell present. Board Member Donald E. Inks was absent. Also present was Board Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of a Provisional Data Usage agreement with MACOG for use of Traffic Counting Data and Related Materials. 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 Meeting of the Board held on November 4, 2010, November 8, 2010, and November 15, 2010 were approved. OPENING OF BIDS — SALE OF CITY PROPERTY - 1220 MADISON STREET 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 bid was opened and publicly read: Bid was signed by: Mr. Chris Legus REGULAR MEETING NOVEMBER 22, 2010 356 Address: 1216 East Madison Street, South Bend, Indiana 46617 BID: $500.00 Board Attorney Cheryl Greene noted the bid was received by an adjacent property owner who had been notified, along with all other adjacent property owners, that bids were being accepted for the property. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred to Community and Economic Development for review and recommendation. OPENING OF BIDS — DEMOLITION ENVIRONMENTAL REMEDIATION AND SITE RESTORATION OF 621 SCOTT STREET FORMER MILLENNIUM ENVIRONMENTAL — 110 -078 (CODE NSP FUND) 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. Board Attorney Cheryl Greene asked if the project was being funded by Federal funds, and if Davis -Bacon wage rates were required from the bidders. Ms. Ann Kolata, Community and Economic Development, stated that part of the project will be from Federal funds. Mr. Gilot noted the Notice to Bidders stated the project was following State Common Construction wage rates. He stated it needed to be determined if this project should follow Davis -Bacon wage rates. Ms. Kolata stated she would look into it; she was not sure since the entire project was not federally funded. The following bids were opened and publicly read: JOHN BOETTCHER SEWER & EXCAVATING 3305 North Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. John Boettcher Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $494,183.00 2 Asbestos Abatement — Pipe Wrap 30/LFT $53.00 $1,590.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $64.45 $360,920.00 4 Site Restoration 1 /LSum I= $17,500.00 5 1 Asphalt Cap 5,560 /SYS $10.25 $56,990.00 6 Environmental Allowance 1 /LSum 5,560 /SYS $650,000.00 Base Bid Total Environmental Allowance $1,581,183.00 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $258.00 $1,444,800.00 Alt A2 Organic Soil Treatment/Disposal Direct 5,600 /CYS $590.00 $3,304,000.00 to Subtitle C 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: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $435,592.30 2 Asbestos Abatement — Pipe Wrap 30 /LFT $25.50 $765.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $49.10 $274,960.00 4 Site Restoration 1 /LSum $14,730.00 5 1 Asphalt Cap 5,560 /SYS $11.40 $63,384.00 6 Environmental Allowance 1 /LSum $650,000.00 Base Bid Total $1,439,431.30 1 J 1 REGULAR MEETING NOVEMBER 22, 2010 357 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $201.00 $1,125,600.00 Alt A2 Organic Soil Treatment/Disposal Direct to Subtitle C 5,600 /CYS $472.00 $2,643,200.00 DORE & ASSOCIATES CONTRACTING, INC. 900 Harry S. Truman Parkway Bay City, Michigan 48706 Bid was signed by: Mr. Arthur Dore Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum 1111M $267,300.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $25.00 $750.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $40.00 $224,000.00 4 Site Restoration 1 /LSum $11.38 $33,200.00 5 Asphalt Cap 5,560 /SYS $14.00 $77,840.00 6 Environmental Allowance 1 /LSum $650,000.00 $650,000.00 Base Bid Total Environmental Allowance $1,612,422.80 $1,253,090.00 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $174.00 $974,400.00 Alt A2 Organic Soil Treatment/Disposal Direct to Subtitle C 5,600 /CYS $430.00 $2,408,000.00 BRANDENBURG INDUSTRIAL SERVICE CO. 2625 South Loomis Chicago, Illinois 60608 Bid was signed by: Mr. Michael Voigt Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $530,090.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $52.00 $1,560.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $67.25 $361,480.00 4 Site Restoration 1 /LSum $11.38 $6,020.00 5 Asphalt Cap 5,560 /SYS $63,272.80 6 Environmental Allowance 1 /LSum $650,000.00 Base Bid Total 6 Environmental Allowance $1,612,422.80 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $235.45 $1,318,520.00 Alt A2 Organic Soil Treatment/Disposal Direct to Subtitle C 5,600 /CYS $562.70 [1-3-J51,120.00 DENNEY EXCAVATING, INC. PO Box 506 Plainfield, Indiana 46168 Bid was signed by: Mr. Randy Denney Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item I Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $186,000.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $50.00 $1,500.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $81.50 $456,400.00 4 Site Restoration 1 /LSum $49,500.00 5 Asphalt Cap 5,560 /SYS $11.05 $61,438.00 6 Environmental Allowance 1 /LSum $650,000.00 Base Bid Total $1,404,838.00 Alt. A 17 Soil Disposal — Direct to Subtitle C 5,600 /CYS $260.25 $1,457,400.00 REGULAR MEETING NOVEMBER 22, 2010 358 Alt A2 Organic Soil Treatment /Disposal Direct 5,600 /CYS $563.75 $3,157,000.00 1 to Subtitle C 1 /LSum $285,093.00 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 Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $285,093.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $30.00 $900.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $55.45 $310,520.00 4 Site Restoration 1 /LSum ffm $25,100.00 5 Asphalt Cap 5,560 /SYS $10.80 $60,048.00 6 1 Environmental Allowance 1 /LSum 5,560 /SYS $650,000.00 Base Bid Total Environmental Allowance $1,331,661.00 Alt. Al Soil Disposal - Direct to Subtitle C 5,600 /CYS $230.65 $1,291,640.00 Alt A2 Organic Soil Treatment/Disposal Direct 5,600 /CYS $490.15 $2,744,840.00 to Subtitle C $201.00 L $1,125,600.00 VANDERVELDON, INC. D/B /A PRODEMO PO Box 2363 Holland, Michigan 49422 Bid was signed by: Mr. Chase VanderVelden Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $138,000.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $25.00 $750.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $51.80 $290,008.00 4 Site Restoration 1 /LSum ffm $80,000.00 5 Asphalt Cap 5,560 /SYS $12.05 $66,988.00 6 Environmental Allowance 1 /LSum 5,560 /SYS $650,000.00 Base Bid Total Environmental Allowance $575,746.00 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $110.00 $616,000.00 Alt A2 Organic Soil Treatment /Disposal Direct 5,600 /CYS $75.00 $420,000.00 to Subtitle C $201.00 L $1,125,600.00 CONTAMINANT CONTROL, INC. 230 Lockhart Road Kannapolis, North Carolina Bid was signed by: Mr. C. Tony Burkhart Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Five percent (5 %) Bid Bond was submitted BID: Item Description Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $270,000.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $35.00 $1,050.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $9.00 $274,400.00 4 Site Restoration 1 /LSum $112,000.00 5 Asphalt Cap 5,560 /SYS $12.06 $67,100.00 6 Environmental Allowance 1 /LSum $650,000.00 Base Bid Total 1 $1,374,550.00 Alt. Al I Soil Disposal — Direct to Subtitle C 5,600 1CYS $201.00 L $1,125,600.00 1 1 1 REGULAR MEETING NOVEMBER 22, 2010 359 Alt A2 Organic Soil Treatment/Disposal _pirect 5,600 /CYS $460.00 $2,576,000.00 1 to Subtitle C 1 /LSum $167,841.00 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 Qty/Unit Unit Price Total 1 Demolition/Clearing 1 /LSum $167,841.00 2 Asbestos Abatement — Pipe Wrap 30 /LFT $1,200.00 $1,200.00 3 Soil Disposal — Special Waste (Local) 5,600 /CYS $74.00 $414,400.00 4 Site Restoration 1 /LSum $11.50 $32,650.00 5 Asphalt Cap 5,560 /SYS $63,940.00 6 Environmental Allowance 1 /LSum $650,000.00 Base Bid Total $1,330,031.00 Alt. Al Soil Disposal — Direct to Subtitle C 5,600 /CYS $267.00 $1495,200.00 Alt A2 Organic Soil Treatment/Disposal Direct to Subtitle C 5,600 /CYS $616.50 $3,452,400.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Community and Economic Development and Engineering for review and recommendation. OPENING OF BIDS — ONE (1) OR MORE, HEAVY DUTY AERIAL LADDER (OU1NT) (EMS CAPITAL This was the date set for receiving and opening of sealed bids for the above referenced vehicle. 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: SUTPHEN CORPORATION PO Box 158 Amlin, Ohio 43002 -0158 6450 Eiterman Road Dublin, Ohio 43016 -8711 Bid was signed by: Mr. Andy Herb Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Ten percent (10 %) Bid Bond was submitted 1; Item No. Item Est. Qty. Total 1 Sutphen Demo SL 100' Aerial Ladder Truck 1 $715,000.00 PIERCE MANUFACTURING /GLOBAL EMERGENCY PRODUCTS 2600 American Drive Appleton, Wisconsin 54912 Bid was signed by: Mr. Mike Mikoola Non - Collusion Affidavit was in order Non - Discrimination commitment form was completed Ten percent (10 %) Bid Bond was submitted REGULAR MEETING MW NOVEMBER 22, 2010 360 Item No. Item Est. Unit Unit Price Unit Price Total Total 1 Heavy Duty Aerial Ladder (Quint) 1 $812,000.00 OPTIONAL/TRADE $879,000.00 OPTIONAL/TRADE -INS 1 SBFD Quint #3 (Trade -In) 1 SBFD Quint #3 (Trade -In) 1 ($2,500.00) 2 ($2,500.00) 2 Rescue I (Trade -In) 1 .- ($25,000.00) 3 Quala -Tel Intercom & Headsets 3 Quala -Tel Intercom & Headsets System 1 lot $5,997.00 $5,997.00 4 Hangers for Firecom Headset 4 ea $108.00 $27.00 $108.00 5 12 -Volt Outlets - EMS Compartment 2 ea $260.00 $130.00 15 -Amp Outlets Off Generator $260.00 6 15 -Amp Outlets Off Generator 4 ea 7 $247.00 1 $988.00 7 Rear - Mounted Color Video Camera 1 ea 1 ea $800.00 8 Stokes Basket Box on Aerial Base 1 ea $1,235.00 ALTERNATE BID: Item No. Item Est. Qty. Unit Unit Price Total 1 Heavy Duty Aerial Ladder (Quint) 1 $812,000.00 OPTIONAL/TRADE -INS 1 SBFD Quint #3 (Trade -In) 1 ($2,500.00) 2 Rescue I (Trade -In) 1 ($25,000.00) 3 Quala -Tel Intercom & Headsets System 1 lot $5,997.00 4 Hangers for Firecom Headset 4 ea $27.00 $108.00 5 12 -Volt Outlets - EMS Compartment 2 ea $130.00 $260.00 6 15 -Amp Outlets Off Generator 4 ea $247.00 $988.00 7 Rear - Mounted Color Video Camera 1 ea $800.00 8 Stokes Basket Box on Aerial Base 1 ea $1,235.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to Equipment Services and the Fire Department for review and recommendation. OPENING OF PROPOSALS — COVELESKI STADIUM IMPROVEMENTS — NEW SYNTHETIC TURF PLAYING SURFACE — PROJECT NO 110 -008J (SBCDA TIF) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Proposals for the above referenced project. He noted the proposals will be reviewed by a review team made up of a Consultant from Wightman Petrie, a representative from the Siler Hawks, and City representatives. The team will score the proposals based on a scoring system and post the results by the end of the next week. The following names of the companies submitting proposals were opened and read: HELLAS CONSTRUCTION, INC. 12710 Research Boulevard, Suite 240 Austin, Texas 78759 Proposal was submitted by Mr. Reed Seaton PRO GRASS, LLC 960 Penn Avenue, Suite 810 Pittsburgh, Pennsylvania 15222 Proposal was submitted by Ms. Cathy Kraus SPORTS CONSTRUCTION GROUP 10303 Brecksville Road Brecksville, Ohio 44141 -3335 I 1 REGULAR MEETING NOVEMBER 22, 2010 361 Proposal was submitted by MrGeorge Pfqfrer. ATURF PO Box 157 Williamsville, New York 14231 Proposal was submitted by Mr. Chuck Albright ASTROTURF, LLC 2680 Abutment Road, SE Dalton, Georgia 30721 Proposal was submitted by Mr. JEM MORRIS CONSTRUCTION, INC. 49 West 102 US Highway 30 Big Rock, Illinois 60511 Proposal was submitted by Mr. BYRNE & JONES CONSTRUCTION 11745 R. Lackland Road St. Louis, Missouri 63146 Proposal was submitted by Mr. FIF,1,DTTTRF 895 North Opdyke Road, Suite D Auburn Hills, Michigan 48326 Proposal was submitted by Mr. Harold McNeil Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to the scoring team for review and recommendation. APPROVE CHANGE ORDER NO. 4 — MIAMI ROAD WIDENING (KERN TO JACKSON) _ - PROJECT NO. 98 -082 (FHWA/LRSA) Mr. Gilot advised that Mr. Toy Villa, Engineering, had submitted Change Order No. 4 on behalf of Hoffman bros., Inc., 8574 Verona Road, Battle Creek, Michigan 49014, indicating the Contract amount be increased by $44,205.95 for a new Contract sum, including this Change Order, in the amount of $4,438,931.58. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — COVELESKI STADIUM RESTROOM IMPROVEMENTS — PROJECT NO. 110 -008C (SBCDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, had submitted Change Order No. 1 (Final) on behalf of Gibson - Lewis, LLC, 1001 West l lth Street, Mishawaka, Indiana 46544, indicating the contract amount be increased by $2,840.00 for a new contract sum, including this Change Order, of $144,140.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $144,140.00. 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 PROJECT COMPLETION AFFIDAVIT — IVY TECH BUILDING FACADE RENOVATION — PROJECT NO. 110 -002 (AEDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Ziolkowski Construction, Inc., 1005 South Lafayette Street, South Bend, Indiana 46601, for the above referenced project, indicating a final cost of $175,641.00. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — FOUR (4) MORE OR LESS, X -FRAME POWERED AMBULANCE COTS (FIRE DEPARTMENT CAPITAL) In a memorandum to the Board, Chief Howard Buchanon, Fire Department, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, REGULAR MEETING NOVEMBER 22, 2010 362 upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above request was approved. ADOPT RESOLUTION NO. 73 -2010 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA CONCERNING EMERGENCY BOARD -UP CONTRACTS 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. 73 -2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA, CONCERNING EMERGENCY BOARD -UP CONTRACTS WHEREAS, the public welfare and safety of residents of the City of South Bend require that the City have the power to force the sealing of unsafe buildings; and WHEREAS, the State of Indiana has enacted a statute, I.C. 36- 7 -9 -9, which may be adopted by municipalities to take emergency action to seal up unsafe buildings; and WHEREAS, the City of South Bend has adopted I.C. 36 -7 -9 -9 by ordinance; and WHEREAS, the Department of Code Enforcement has designated the Chief of the South Bend Fire Department as its designee for purposes of Article 10 of Chapter 6 to determine whether an emergency exists resulting from and incidental to fire damage and which requires boarding of the structure to remove the immediate danger and to select a contractor in the manner provided for herein to board -up the structure. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend, that the Fire Chief and the Police Chief of the City of South Bend, Indiana, hereby are designated as agents for the Board, and hereby are authorized to enter into contracts with individual contractors for emergency board -up of structures. BE IT FURTHER RESOLVED by the Board of Public Works that the following terms and conditions shall be and hereby are, binding upon all individual contractors providing emergency board -up services to the City and shall be and hereby are made a part of every contract for emergency board -up services entered into between the Chief of the South Bend Fire Department ( "SBFD ") or the Chief of the of South Bend Police Department ( "SBPD ") and any such individual for such services. 1. Contractors shall be called by the South Bend Police Department Communications Center'(" SBPDCC ") when necessary off a rotating list, which list is to be kept available for public inspection during normal business hours at the SBPD. 2. Any contractor can be placed on the list by filing an application with the Board of Public Works. Upon the application being formally filed with the Board, and the posting of the required bond, as required herein, the new contractor shall be placed at the bottom of the list. 3. Contractor may be removed from the list by: a. At any time by the contractor's request. b. For a period of one year upon any of the following: i. On three (3) occasions within any three hundred sixty -five (365) day period contractor fails to respond after notice by SBPDCC. Failure to respond includes: (A) Contractor fails to notify SBPDCC within fifteen (15) minutes after notice that it can or cannot accept the job; (B) Contractor fails to commence securing the structure within one (1) hour after notice; (C) Contractor cannot be reached by the SBPDCC. ii. Within one (1) hour after notice the contractor fails to secure the structure and further damage occurs to the structure. 1 F 1 REGULAR MEETING NOVEMBER 22, 2010 363 iii. Contractor�violates any statute or ordinance relating to City contracts or has his bond revoked. iv. Contractor accepts less than seventy -five percent (75 %) of the jobs offered it in any three (3) month period (e.g. January through March, etc.) v. A finding in any court of competent jurisdiction that either the contractor or any officer of the contractor or any member of the contractor's Board of Directors has within the past two (2) years committed any felony or violated any criminal statute in connection with construction work or has at any time within the last ten (10) years committed fraudulent acts in connection with construction work. If a contractor is removed from the list for any of the reasons set forth in paragraph 3(b), contractor shall not be eligible to be placed back on the list or place on a waiting list for a period of one (1) calendar year. If removed, contractor shall be notified by certified mail signed by the Fire Chief City of South Bend or his designee. If the contractor wishes to appeal the removal, it shall file a written appeal within ten (10) days after the mailing of the certified mail. The appeal shall be delivered to the Clerk of the Board of Public Safety. The Board of Public Safety shall hear the matter at its next regularly scheduled meeting that is scheduled to begin at least forty - eight (48) hours after service of the appeal. 4. Upon receipt of a request from the SBFD or SBPD, the SBPDCC will contact the approved contractors in order of rotation to seal the burned, damaged or opened structures until a contractor is located who can immediately commence work on the building. If contractor elects not to perform the job or fails to respond, the contractor will be placed at the bottom of the rotation list, behind the contractor which did perform the work. 5. The contractors will supply all labor and materials necessary to seal the damaged building. The materials must meet all specifications required by the enforcement authority, and shall meet the following minimum requirements: All broken windows, doors, and openings shall be covered with fitted three- eights (3i8) inch plywood, particle board or chip board, which shall be fastened to the building with one and one -half (1 I/2) inch clutch head or square head screws. One entrance way of at least one -half (1/2) inch thickness shall be installed with hinges and a hasp, shall be padlocked, and the key shall be delivered to SBFD or SBPD, whichever contracted for the work. 6. The list shall be limited to five (5) contractors at any one time. When, for any reason, there are less than five (5) contractors on the list, the next eligible contractor shall be placed at the bottom of the list. 7. Contractor shall be compensated by directly collecting from the owner of the property or the responsible parties. Except as provided in this paragraph, contractor shall not have any claim against the City for reimbursement of labor or materials furnished hereunder except to the extent that the City has been able to collect from property owners. If contractor has been unable to collect from the responsible parties or the owner of the property, despite good faith efforts, for more than ninety (90) days, contractor may submit a request for payment of one hundred seventy -five dollars ($175.00) from the City of South Bend along with a statement as to its efforts and an affidavit concerning whether or not it has collected any monies. Documents shall be sent to the South Bend Legal Department, 227 W. Jefferson Blvd., Ste 1400, South Bend, Indiana, 46601. The payment of one hundred seventy -five dollars ($175.00) shall be reduced by any sum collected by contractor at any time, and, any amount paid by South Bend shall be reimbursed by contractor from any monies received for the work after South Bend's payment. 8. Contractor shall post a surety bond in the amount of one thousand dollars ($1,000.00). REGULAR MEETING NOVEMBER 22 2010 364 9. Contractor agrees to indemnify the City for any liability costs, fees, or damages arising out of any actions of the contractor. 10. Contractor agrees that it has no property right to this contract. Contractor is aware that the City may do some of the board -up work itself. Nothing in this Resolution limits the City's ability to perform the work itself. 11. This Resolution shall take effect January 1, 2011. DATED this 22 °d day of November, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 74 -2010 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE 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. 74 -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: SIX (6) METAL H -FRAME AMBULANCE COTS 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 22nd day of NOVEMBER, 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 75 -20010 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING NOVEMBER 22, 2010 RESOLUTION NO. 75 -2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY 365 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: UNIT 614, 2002 DODGE INTREPID, VIN #2B3HD46V92H254307 WHEREAS, Indiana Code 5- 22- 21- 6(4)(B) permits and establishes procedure for disposal of personal property which is considered worthless, has no market value, or if the value of the property is less than the estimated costs of the sale and transportation of the property. This equipment 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 considered worthless, has no market value, or if the value of the property is less than the estimated costs of the sale and transportation of the property. This equipment is no longer needed by the City. 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 22nd day of November, 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 Addendum to The Troyer Walnut /Western Intersection $1,900.00 Littrell / Gilot Professional Group Improvements — Project No. (LRSA) Services 107 -074 Agreement Construction Jackson Demolition of 236 East Sample $60,345.00 Littrell / Gilot Contract Trucking & Street — Project No. 110 -074 (AEDA Excavating, Inc. TIF) Professional The Troyer Western & Chapin Intersection $74,300.00 Littrell / Gilot Services Group Improvements — Project No. (LRSA) Contract 110 -084 Professional McCormick Linden Road Water Main NTE Gilot/Littrell Services Engineering Extension & Culvert $47,370.00 Proposal Replacement — Project No. (Water 110 -085 Works/LR SA) Professional DLZ Indiana, South Side Water Distribution $13,500.00 Littrell / Gilot Services LLC System Improvements — (SRF) Supplemental Project No. 109 -064 -Three Agreement No. Additional Main Line Valve 2 Replacements Construction McIntyre Jones, Southwest Corner of Main $37,476.20 Littrell / Gilot Contract Inc. Street & Jefferson Boulevard (SBCDA REGULAR MEETING NOVEMBER 22, 2010 366 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 505 Camden REMARKS: Signs to be Removed upon Purchase of New Car by Mr. Jones (Property Owner) Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following traffic control devices were approved: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: Handicapped Accessible Parking Space Sign 3006 Hartzer Street 1164 East Donald Street All criteria has been met Residential Parking Permit Only 900 Block of Napoleon Boulevard All criteria has been met No Parking/Tow Zone 2714 & 2710 Hartzer Street All criteria has been met Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control device was approved: NEW INSTALLATION: Caesar Chavez Honorary Street Signs LOCATION: Kentucky Street & Western Avenue REMARKS: All criteria has been met I 1-1 Site Renovation — Concrete — Downtown Project No. 110 -072 TIF) Grant of Salvation Army Grant of Permanent Easement $1.00 Littrell / Gilot Permanent for Sewer and Water Utilities Utility on the Kroc Center Site Easement Special Sole LAI, Ltd. Sole Source /Compatible Parts $30,747.00 Littrell / Gilot Source /Compa Replacement of WEMCO (WWTP tible Purchase Primary Raw Sludge Pump & Capital) Motor Administrative Baracheh Land Compensation for Damages to $5,360.00 Littrell / Gilot Settlement Company Property from Taking for (LRSA) Olive- Western Intersection Improvements Contract INDOT Black Fiber & Conduit N/A Gilot /Littrell Sharing; Installation of Black Fiber in INDOT Right of Way Agreement Addendum to The Troyer Obtain IDEM Permit to Install $6,030.00 Littrell / Gilot Professional Group, Inc. Southernview Drive Culvert in (Sewer Agreement Floodway — Project No. 109- Bond) 008 MACOG Provisional Data City Engineering Use of N/A Littrell / Gilot Usage Traffic Counting Data and Agreement Related Materials APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 505 Camden REMARKS: Signs to be Removed upon Purchase of New Car by Mr. Jones (Property Owner) Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the following traffic control devices were approved: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: Handicapped Accessible Parking Space Sign 3006 Hartzer Street 1164 East Donald Street All criteria has been met Residential Parking Permit Only 900 Block of Napoleon Boulevard All criteria has been met No Parking/Tow Zone 2714 & 2710 Hartzer Street All criteria has been met Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control device was approved: NEW INSTALLATION: Caesar Chavez Honorary Street Signs LOCATION: Kentucky Street & Western Avenue REMARKS: All criteria has been met I 1-1 REGULAR MEETING NOVEMBER 22, 2010 367 APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 25879 EDISON ROAD — SEWER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Richard Takach, 25879 Edison Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into public sanitary sewer system of the City, to provide sanitary sewer service to the above referenced property at the above address (Key # 021 - 1044 - 0766.14), Mr. Takach 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. Gilot seconded the motion, which carried. FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS — DEPARTMENT OF PUBLIC WORKS The Divisions of Water Works and Central Services submitted their Monthly and Performance Reports for the month of October 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 Water Works and Central Services submitted their respective Safety Reports for October 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. Gilot 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: Bart Tragesser D /B /A Universal Services, South Bend, Indiana RATIFY APPROVAL OF 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 as follows: Business Bond Type Approved/ Released Effective Date D &R Miller Concrete, Inc. Contractor Approved November 8, 2010 JW Green Development, LLC Excavation Approved November 4, 2010 Mr. Littrell made a motion that the Bonds approval as outlined above be ratified. Mr. Gilot seconded the motion, which carried. 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 $1,610,440.22 11/09/2010, & 11/19/2010 City of South Bend $3,418,351.82 11/22/2010 St. Joseph County Housing Consortium $4,936.04 11/09/2010 St. Joseph County Housing Consortium $6,000.00 11/09/2010 St. Joseph County Housing Consortium $6,000.00 11/09/2010 Eddy Street Commons Bond $27,870.97 11/22/2010 Century Center Bond $22,357.71 11/22/2010 Therefore, Mr. Littrell made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Gilot seconded the motion, which carried. REGULAR MEETING NOVEMBER 22, 2010 368 PRIVILEGE OF THE FLOOR Mr. Bill Schalliol, Community and Economic Development, informed the Board that after the opening of the proposals for the Coveleski Stadium Turf, Mr. Dave Rafinski, Wightman and Petrie took the proposals and the turf samples to be sorted. Mr. Rafinski and Mr. Schalliol discovered an additional proposal in one of the unopened boxes. He acknowledged the proposal was received by the 9:30 deadline but that it was in a box under other boxes that were thought to be turf samples, and as a result, was not opened. Mr. Gilot made a motion that the record be corrected and the proposal from Hellas Construction, Inc., 12710 Research Boulevard, Suite 240, Austin, Texas, be included. He noted the box was missed, the proposal met the legal requirements and was timely, and there would be no advantage to Hellas to submit a proposal after the other proposals were opened, since they were not read out loud. 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. Littrell and carried, the meeting adjourned at 10:25 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President -r- 2L —L��jz , Dofiald E. Inks, Member Carl P. Littrell, Member ATTEST: cVa M. Martin, Clerk 1 CLAIMS REVIEW MEETING NOVEMBER 29, 2010 369 A Claims Review Meeting of the Board of Public Works was convened at 8:30 a.m. on Monday, November 29, 2010, by Board President Gary A. Gilot with Board Members Donald E. Inks and Carl P. Littrell present. APPROVE CLAIMS Mr. Inks stated that a request to pay claims 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. Mr. Inks stated the following claims were submitted to the board for approval: Name Amount of Claim Date City of South Bend $3,763,487.23 11/24/2010 City of South Bend $1,144,409.32 11/29/2010 City of South Bend $1,140,343.33 11/29/2010 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. Littrell and carried, the meeting adjourned at 8:32 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President ' J. ) � X- nald EAnks, Member Carl P. Littrell, Member ATT ST: T i a M. Martin, Clerk 1 J 1