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HomeMy WebLinkAbout12/06/10 Board of Public Works MinutesPUBLIC AGENDA SESSION DECEMBER 2, 2010 370 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, December 2, 2010, by Board President Gary A. Gilot, with Board Member Donald E. Inks present. Board Member Carl P. Littrell 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. - Additions to the Agenda Mr. Gilot noted the addition of a Substantial Completion for the Kennedy Park Sewer Separation project; Resolution No. 79 -2010, for the disposal of unfit and /or obsolete property; and a Completion Affidavit for the Traffic Signal Modernization project. - Award Bid — Heavy Duty Aerial Tower (Quint) Chief Howard Buchanon, Fire Department, informed the Board he was recommending the Board reject the low bidder of the above equipment, Sutphen Corporation, as non- responsive. Chief Buchanon stated the bid submitted by Sutphen did not meet the requirements of the specifications. He gave as an example, the bid specs required a steel, rear mounted aerial device. Sutphen proposed an aluminum, mid - mounted aerial device. The specifications required firefighter safety features such as a one -piece panoramic windshield, side air bags, frontal air bags, side roll protection and a suspension seat safety system. Sutphen did not comply with these safety features. Chief Buchanon stated that Sutphen did not respond to the in -depth questions in the bid specs requiring a yes /no answer. He noted Sutphen also did not submit any bids regarding the optional equipment and the trade -in values for two (2) fire trucks. Chief Buchanon stated there were two bids submitted by Pierce, one for a stock truck, and one built to requirements. He noted the stock aerial bid on by Pierce and the aerial bid on by Sutphen were demos with some mileage on them. Pierce has offered to start the warranty as new with the existing mileage. Chief Buchanon stated he is requesting the Board approve the award for the less expensive stock aerial. Mr. Gilot asked if the funds were in place and appropriated. Chief Buchanon stated there is a grant subject to Common Council appropriation. Mr. Gilot stated the Fire Department should work with the City's fleet manager and purchasing the next time they write and award specs for any equipment. He noted they are experts at putting specifications together, and can be helpful. - Award Bids — Packers and Refuse Trucks Mr. Jeff Hudak. Equipment Services, informed the Board that none of the three Solid Waste vehicle bids are recommended for award to the low bidders. He noted on the 25 cubic yard packer, he considers the first six (6) low bidders as non - responsive and recommends award to the seventh low bidder. He stated the bid specs were specific and required thick steel for durability. The low bidders bid a cheaper, thinner steel that would not hold up as well. He noted the Solid Waste division is able to replace their trucks so seldom, it is critical that they be made with thicker steel for durability. When maintenance is figured in, Mr. Hudak suggested the cost in the long run on a less expensive truck, is more. He noted that the last four (4) packers of equal size bought were the same model so that will also eliminate the training requirement. Mr. Hudak informed the Board that he and Matt Chlebowski, Director of Equipment Services, spent time with the user departments to find out what they liked and didn't like about their current trucks, and put that into the specifications. Mr. Gilot noted he reviewed all of the bids and is comfortable with the rejection of the non - responsive bids. Ms. Greene added Mr. Hudak and Mr. Chlebowski did a very good job on the review and the explanation of why the bids were found non - responsive. - Award Bid — Universal Nestable Refuse Containers Mr. Hudak, Equipment Services, recommended award to the lowest responsive bidder. Mr. Inks questioned who is losing or breaking the containers, is it rental properties or actual home - owners. Mr. Hudak stated it is both. Mr. Irks questioned whether there is a way to trace the containers to the original owners. Mr. Hudak stated he was going to add a chip to the specs for identifying the owners, but decided against it when he found out he can purchase the chips directly from the manufacturer and save a lot of money. He noted they also offer more options. Mr. Inks asked how the chips will be attached, if they are easily removed. Mr. Hudak stated the cover on the chip will be glued on and they would have to destroy the handle to remove it. - Emergency Purchase — Underground Pipe & Valve Mr. Phil Custard, Purchasing, stated Raw Pump No. 3 was found to have more damage than previously known, when work was started to do the original emergency repair. He PUBLIC AGENDA SESSION DECEMBER 2, 2010 371 noted this is a critical piece of equipment that cannot be out of service so the amount of the emergency repair needed to be increased. 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 11:10 a.m. BOARD OF PUBLIC WORKS rte`- -`�:``�'` � 'Y�-:�. -•� Gary A. Gilot, President nald E. Inks, Member Carl P. Littrell, Member ATTEST: ' ,iMa M. Martin, Clerk REGULAR MEETING DECEMBER 6, 2010 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, December b, 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. PUBLIC HEARING —NEW MASSAGE ESTABLISHMENT LICENSE Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning an application for a new Massage Establishment License from Illusions Iocated at 2123 East Edison Road. It was noted favorable recommendations were received from the Fire Department, Building Department, and Police Department. The petitioner was not present, so the Public Hearing was closed. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the license application was tabled. PUBLIC HEARING —NEW MASSAGE ESTABLISHMENT LICENSE Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning an application for anew Massage Establishment License from Chinese Massage Spa, 2614 South Michigan Street. It was noted favorable recommendations were received from the Building Department and Police Department. The Fire Department stated that there is remodeling being done on the building without permits and they have several fire code issues that must be taken care of. These issues must be taken care of before the Fire Department can approve the license. The petitioner was present and stated First Response was doing the remodeling and they were told by the Building Department that they did not need a permit because the walls they were installing were temporary walls. He noted that when the Fire Department inspected, they were informed that they did need a building permit. The Fire Department also told them that the location of their washer and dryer was in violation of code and the Building Department had told them it was not. Mr. Gilot stated this Board does not deal with code violations, and is not the expert on them and the owner needed to resolve these issues with the Fire Department and the Building Department. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the license was approved subject to the Building and Fire code issues being resolved. Board Attorney Cheryl Greene informed the petitioners the Board of Works cannot approve a business license to operate when there are Building and Fire code REGULAR MEETING DECEMBER 6 2010 372 issues; they are only approving the licensing. She noted these issues need to be resolved and the Board needs notification from those departments when they have been resolved. Ms. Greene added that the petitioner does not need to come back before this Board, but they cannot operate their business until the Fire Department and Building Department forwards notification that these issues have been resolved. Mr. Gilot noted am e -mail is sufficient from the respective departments. PUBLIC HEARING — BLANKET TRANSIENT MERCHANT LICENSE — DOWNTOWN SOUTH BEND Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning an Application for a Blanket Transient Merchant License, as submitted by Downtown South Bend, Inc., 217 South Michigan Street, South Bend, Indiana 46601 to operate their Michigan Street Shops Holiday Retail Program for the sale of gift items, household decor, apparel, local crafts, toys, art and small furniture beginning November 19, 2010 through January 5, 2010, at 117 South Michigan St., 123 South Michigan St., 132 South Michigan St., 140 South Michigan St., 229 South Michigan St., and various other locations to be determined. Mr. Marco Mariani, Downtown South Bend, stated this program is flourishing and everyone involved is happy. Mr. Gilot stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Blanket Transient Merchant license application was approved. 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 November 18, 2010, November 22, 2010, and November 29, 2010 were approved. OPEN AND AWARD BIDS — SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of scaled bids for the above referenced vehicles. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: No. Description year Bulldog Auto Parts Indiana Auto Parts Steve Hubler I Red Ford 1997 $303.00 $400.00 $430.00 2 Green 1998 $191.00 $400.00 3 Red VW Jetta 1997 $303.00 $400.00 4 Green Dodge 1997 $191.00 $400.00 5 Red Chevrolet 1993 $191.00 $400A0 6 Green 1998 $191.00 $400.00 7 Gold 1999 $287.00 $400.00 8 Black 1989 $191.00 $400.00 9 Blue BMW 2 1987 $191.00 $400.00 10 Red Ford 1991 $203.00 $400.00 11 Silver Isuzu 1999 $303.00 $400.00 12 Silver Ford 2000 $191.00 S400.00 13 Gold Pontiac 1998 $402.00 $400.00 14 White 1999 $223.00 $400.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Code Enforcement for review and recommendation. After reviewing those bids, Ms. Eli recommended that the Board award the contract to the highest responsive and responsible bidders as shown above in bold. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Inks seconded the motion, which carried. REGULAR MEETING , DECEMBER 6, 2010 373 AWARD BID - ONE (1) OR MORE, 2010 OR NEWER TEN (10) CUBIC YARD ,PACKER (SOLID WASTE RENTALS /CAPITAL LEASE ESCROW Mr. Jeff Hudak, Central Services, advised the Board that on October 25, 2010, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the second lowest responsive and responsible bidder Link Environmental Equipment, Inc., PO Box 158, 918 North US Highway 35, Winamac, Indiana 46996, in the amount of $114,171.00 for the base bid, $8,239 for Option I for a total of $122,410.00. It was noted that the low bid from Pyramid. Equipment was rejected due to being non - responsive. The equipment bid did not meet the requirements of the specifications. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above subject to financing. Mr. Littrell seconded the motion, which carried, AWARD BID — ONE (1) OR MORE 2010 OR NEWER TWENTY-FIVE 25) CUBIC YARD PACKER SOLID WASTE RENTALS /CAPITAL LEASE ESCROW Mr. Jeff Hudak, Central Services, advised the Board that on October 25, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Best Equipment, Inc., 5550 Poindexter Drive, Indianapolis, Indiana 46235, in the amount of $155,263.00 each with options totaling $16,205.00 for a total of $171,468.00. It was noted that the second bid from Best Equipment, and the bids from Pyramid Equipment, Link Environmental, Kahn Manufacturing were rejected due to non - responsiveness. The equipment bid did not meet the requirements of the specifications. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded approved as outlined above subject to financing. Mr. Littrell seconded the motion, which carried. AWARD BID — ONE 1 OR MORE 2010 OR NEWER THIRTY -THREE 33 CUBIC YARD PACKERS .(SOLID WASTE RENTALS /CAPITAL LEA_ SE ESCROW_) Mr. Jeff Hudak, Central Services, advised the Board that on October 25, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Pyramid Equipment, 211 South Prairie Street, Rolling Prairie, Indiana 46371, in the amount of $215,213.00 each and $430,426.00 total for two. It was noted that the bid from Link Environmental and second bid from Pyramid Equipment were rejected due to non - responsiveness. The equipment bid did not meet the requirements of the bid specifications. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above subject to financing. Mr. Littrell seconded the motion, which carried. AWARD BID — ONE- THOUSAND AND EIGHT (1,008) MORE OR LESS UNIVERSAL NESTABLE REFUSE CONTAINERS SOLID WASTE RENTALS /CAPITAL LEASE ESCROW) Mr. Jeff Hudak, Central Services, advised the Board that on October 25, 2010, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Pyramid Equipment, 211 South Prairie Street, Rolling Prairie, Indiana 46371, in the amount of $44.75 each for a total of $45,108. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above subject to financing. Mr. Littrell seconded the motion, which carried. AWARD BID - HEAVY DUTY AERIAL LADDER (QUINT) Chief Howard Buchanon, Fire Department, advised the Board that on November 22, 2010, bids were received and opened for the above referenced project. After reviewing those bids, Chief Buchanon recommended that the Board award the contract to Pierce Manufacturing/Global Emergency Products, 2600 American Drive, Appleton, Wisconsin 54912, in the amount of $793,888.00, the second lowest bid. Mr. Gilot noted the low bidder, Sutphen Corporation was found to be non - responsive to the bid specifications because their bid did not meet the bid specifications on numerous required items, Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded subject to appropriation of funds by the Common Council. Mr. Littrell seconded the motion, which carried. REGULAR MEETING DECEMBER 6 2010 374 AWARD PROPOSAL — NEW SYNTHETIC TURF PLAYING SURFACE COVELESKI STADIUM - PROJECT NO. 110 -008J SBCDA TIF Mr. Bill Schalliol, Community & Economic Development, advised the Board that on November 22, 2010, proposals were received and opened for the above referenced project. A committee made up of City representatives, the architect firm, and representatives from the Coveleski Stadium met to review the proposals and rate them based on a matrix system. After reviewing those proposals, Mr. Schalliol recommended that the Board award the proposal to JEM Morris/UBU Sports, 49 West 102 US Highway 30, Big Rock, Illinois 60511, in the amount of $996,500.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the proposal be awarded subject to the completion of a final project improvement plan for the Coveleski Stadium. Mr. Inks noted the Common Council approved only half of the funding and the plans needed to be looked at again and re- prioritized. Mr. Littrell seconded the motion, which carried. APPROVE CHANGE ORDER NO. FIVE 5 —.-MIAMI ROAD WIDENING KERN ROAD TO JACKSON ROAD) — PROJECT NO. 098 -082 FHWA/LRSA) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 5 for the above project, on behalf of Hoffman Bros., Inc., 8574 Verona Road, Battle Creek, Michigan 49014 indicating the Contract amount be increased by $1,875.75 for a new Contract sum, including this Change Order, in the amount of $4,440,80733. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. I — STUDEBAKER AREA A PHASE IV DEMOLITION --- BID PACKAGE B — PROJECT NO. 109 -032 (A_EDA TIF) Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 1 for the above project, on behalf of Dore & Associates, 900 Harry S. Truman Parkway, Bay City, Michigan 48706 indicating the Contract amount be increased by $215,793.83 for a new Contract sum, including this Change Order, in the amount of $6,004,193.83. Ms. Greene stated the Change Order was to comply with instructions from the Department of Labor on Davis Bacon wage rates. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NOS. 3 4 5 — ARRA MILL &FILL (INDOT Mr. Gilot advised that Mr. Rob Nichols, Engineering, had submitted Change Order Nos. 3, 4 and 5 on behalf of Rieth -Riley Construction, 25200 State Road 23, Post Office Box 1775 South Bend, Indiana 46634, indicating the Contract amount be increased as follows: Original Amount: $1,067,615.15 Amount New Am. ount Pezcerat ` CO # 3 Increase .$217.00: $1 0{783.15 0,02 °l0' ..CO.44. Increase $255.00 $1,08,087115 0.02 °!0'. CO # 5 Increase $1,036.20 $1,69112335 0.10%. New Contract Amount Fr____ , $1,069,123.35 Total Pere ent Change 0.14% �_;Fkjll a 111VUVIt iifauc Uy mr. 111101, seconaea oy Mr, inks and Carried, the Change Orders were approved. APPROVE CHANGE ORDER NO. 1 FINAL AND PROJECT COMPLETION AFFIDAVIT — CHAPIN STREET STORM SEWER EXTENSION PHASE II — PROJECT NO. 110 -052 SEWER WORKS Mr. Gilot advised that Ms. Thia Vawter, Engineering, submitted Change Order No. 1 (Final) on behalf of HRP Construction, 5777 Cleveland Road, South Bend, Indiana 46628, indicating the contract amount be decreased by $39,233.05 for a new contract sum, including this Change Order, of $484,483.95. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $484,483.95. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, Change Order No. I (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT — CENTURY CENTER LIFE SAFETY SYSTEM RENOVATION — PROJECT NO. 109 -004 CENTURY CENTER BOND /ESCROW Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Koontz- Wagner Construction Services, LLC, 3801 Voorde Drive, South Bend, Indiana 46628 for the above referenced project, indicating a final cost of $477,464.77. REGULAR MEETING DECEMBER 6 2010 375 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT --- TRAFFIC SIGNAL MODERNIZATION —PROJECT NO. 108 -065 FHWA Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted the Project Completion Affidavit on behalf of Michiana Contracting, Inc., P.O. Box 929, Plymouth, Indiana 46563, for the above referenced project, indicating a final cost of $588,360.11. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Project Completion Affidavit was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — EMBEDDED SENSOR CSO MONITORING PHASE 11 — PROJECT NO. 109 -019 SRF Mr. Gilot advised that Mr. Patrick Henthorn, has submitted the Certificate of Substantial Completion, effective October 13, 2010, on behalf of HRP Construction, Inc., 5777 Cleveland Road, South Bend, Indiana 46628. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Certificate of Substantial Completion was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — KENNEDY PARK SEWER SEPARATION — PROJECT NO. 109 -003 200713 SEWER BOND Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Certificate of Substantial Completion, effective November 19, 2010, on behalf of C & E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Certificate of Substantial Completion was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — DEMOLITION OF STRUCTURES FOR OLIVE ROAD WIDENING — PROJECT NO. 110 -090 AEDA 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. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR QUALIFICATIONS — GUARANTEED ENERGY SAVINGS CONTRACT — PROJECT NO. 110 -094 MTBE In a memorandum to the Board, Mr. Jonathon Burke, Energy Office, requested permission to advertise for the receipt of qualifications for the above referenced project. Mr. Gilot stated for an energy savings contract, the Common Council will need to approve a resolution first. He noted Ms. Ann Puzzeio was appointed in the past by the Council to sit in on the committee regarding this project. Therefore, Mr. Gilot stated, at this point the Board can only advertise and receive qualifications until the Council adopts their resolution. Mr. Gilot noted also that the funding source needs to be identified. He stated it will not be from the MTBE settlement as the agenda states, but possibly from COIT or private lease capital. Therefore, Mr. Inks made a motion that the request be approved subject to identifying the funding source. Mr. Littrell seconded the motion, which carried. APPROVAL OF REQUEST TO ADVERTISE FOR QUALIFICATIONS HYDROELECTRIC STUDY.- PROJECT NO. 110 -092B (EECBG) In a memorandum to the Board, Mr. Jonathon Burke, Energy Office, requested permission to advertise for the receipt of qualifications for the above referenced project. Mr. Inks questioned what is different about this study than the previous ones done. Mr. Gilot stated there are three differences including an Engineering technical study; a study of the benefits of distributing the energy savings to downtown City large energy user facilities, versus selling the energy; and help with negotiating with American Electric Power on economic feasibility. Upon a motion by Mr. Inks, seconded by Mr. Littrell and carried, the request was approved as outlined above. ADOPT RESOLUTION NO. 76 -2010 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON TRADE OF UNFIT PROPERTY F NATURE OR PROPERTY OF A SIMILAR Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING DECEMBER 6, 2010 376 RESOLUTION NO. 76 -2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF ONE 1 OCE' CM 6520 COLOR COPIER FOR ONE 1 OCE' HA6DE COPIER OF GREATER VALUE FROM THE SOUTH BEND COMMUNITY AND ECONOMIC DEVELOPMENT DEPARTMENT TO OCE' NORTH AMERICA WHEREAS, the care, custody and control of City -owned property is vested in its Board of Public Works ('Board ") pursuant Ind. Code § 36- 9 -6 -3, WHEREAS, in accordance with Ind. Code § 36- 1 -11 -9, the Board may trade or exchange property of a similar nature as part of the purchase of new property; and WHEREAS, in accordance with Ind. Code § 5- 22 -22 -3, the Board may also dispose of property that is deemed to be no longer needed or is unfit for the purpose for which is was intended; and WHEREAS, the City of South Bend owns the following equipment which is unfit for the purpose it was intended and no longer suited for use in the Community and Economic Development Department: ONE (1) OCE' CM 6520 COPIER SERIAL NO. 8070040 and WHEREAS, the City of South Bend Community and Economic Development Department is in need of this equipment, the trade by the South Bend Community and Economic Development Department with Oce' North America of the above equipment for the following equipment that is similar in nature and of equal or greater value is desired: ONE (1) OCE' HA6DE COPIER SERIAL NO. 8070008 NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the Community and Economic Development Department of the one (1) copier for the one (1) copier as indicated above. ADOPTED this 6th day of December 2010. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary A. Gilot, President s /Carl P. Littrell, Member s/ Don E. Inks, Member ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 77 -2010 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE TRADE OF UNFIT PROPERTY FOR PROPERTY OF A SIMILAR NATURE Mr. Gilot made a motion the Board would approve the following Resolution subject to the weapons being sold only to other Police Departments and the other equipment being disposed of properly. Mr. Inks seconded the motion, which carried, and the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 77 -2010 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF FIFTY -NINE 59 HANDGUNS ONE- HUNDRED AND TWENTY 120 — TWO 2 POINT SLINGS AND FIFTY -THREE 53 PR -24' S FOR NEW HANDGUNS OF GREATER VALUE FROM THE SOUTH BEND POLICE DEPARTMENT TO VANCE' S LAW ENFORCEMENT REGULAR MEETING DECEMBER 6 2010 377 WHEREAS, the care, custody and control of City -owned property is vested in its Board of Public Works ('Board ") pursuant to Ind. Code § 36- 9 -6 -3, WHEREAS, in accordance with Ind. Code § 36-1-11-9, the Board may trade or exchange property of a similar nature as part of the purchase of new property; and WHEREAS, in accordance with Ind. Code § 5- 22 -22 -3, the Board may also dispose of property that is deemed to be no longer needed or is unfit for the purpose for which is was intended; and WHEREAS, the City of South Police Department owns the following handguns which are not effective and are no longer suitable for use by the South Bend Police Department: FIFTY -NINE (59) HANDGUNS, ONE - HUNDRED AND TWENTY (120) TWO (2) POINT SLINGS AND FIFTY -THREE 53 PR -24'S (SERIAL NOS. ATTACHED) and WHEREAS, the City of South Bend Police Department is in need of these weapons for accuracy and weapon control in forced entry situations, the trade by the South Bend Police Department with Vance's Law Enforcement of the above handguns for handguns that are similar in nature and of higher value is desired: NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the South Bend Police Department of the handguns as indicated above. ADOPTED this 6th day of December 2010. s /Gary A. Gilot s/ Donald Inks s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 79 -2010 — ON THE DISPOSAL OF CITY OWNED PROPERTY AND 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. 79 -2010 A RESOLUTION OF THE BOARD OF PUBLIC WORKS ON THE DISPOSAL OF CITY OWNED PROPERTY AND UNFIT AND /OR OBSOLETE PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend. WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570 -95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement. "; and: WHEREAS, James Brien has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and REGULAR MEETING DECEMBER 6 2010 378 WHEREAS, Chief Howard Buchanon has advised that the fire helmet and boots previously worn by this Firefighter is of no further use to the Department and of no practical value; 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; are unfit for the purpose for which they were intended and have an estimated value of less than one thousand dollars ($1,000.00). 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. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet and boots worn by this Firefighter is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570 -95 and removed from the City inventory. Adopted this 6th day of December 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 aonroval: Type Business Description Amount Motion/ Second Construction Ziolkowski Morris Performing Arts $10,360.00 Inks / Littrell Contract Construction Center Awning Repair (Downtown TIF /SBCDA TIF) Construction L.L. Geans Demolition of Existing $345,000 Inks / Littrell Contract Construction Outfield Wall and (SBCDA Subject to Co. Construction of New Wall — TIF) Final Project Project No. 110 -0081 Improvement Plan Development Renew Motorola Maintenance of Motorola $31,546.08 Inks / Littrell Service National Service Stations in the Police (General Agreement Support Dispatch Center Fund) Professional EmNet, LLC Sewer Overflow Sensory $425,000,00 Littrell /Inks Services Control Network — Project (SRLF /Sewer Agreement No. 110 -091 Bond) Professional McCormick Sewer Overflow Sensory $92,500 Gilot/Inks Services Engineering, Control Network — Project (SRF /Sewer Agreement LLC No. 110 -091 Bond) Professional IBM CSO Pilot Proof -of- Concept . $225,000 Inks / Gilot Services Sewer Bond, Subject to REGULAR MEETING DECEMBER 6, 2010 379 Agreement Description Date/Timc Sewer Legal Martin Luther Procession — January 17, Capital, Review King, Jr., Martin Luther 2011; 12:45 Wastewater Foundation King Day p.m. to 1.30 Capital Lease & Advanced Maintenance and Lease for $48,076.80 Littrell /Inks Maintenance Imaging Two (2) Digital Duplicators (Central Agreement Solutions with Two Spare Cylinders Services for the Print Shop (Includes Operating 60 -Month Lease and Fund) Maintenance Agreement) Agreement Rebuilding Staff Support through 2011 $25,000.00 to Inks /Littrell Together of St. City Joseph County Emergency Underground Emergency Repair of Raw $60,884.50 Inks /Littrell Purchase Pipe & Valve Pump No. 3 — Back -up (Capital Pump while Raw Pump No. Funds) 1 was under Construction (to Comply with NPDES Permit) Amendment South Bend Near West Side $424,000.00 Inks /Littrell Heritage Revitalization Program (CDBG) Foundation Memorandum V Source Retention of I" Source $6,500,000.00 Inks /Littrell of Corporation, Corporation and TBD (Tentative Understanding South Bend Upscale Hotel — Intent to Amount) Redevelopment Follow -up with Contract Commission, and Host Hotels and Resorts, L.C. APPROVAL OF STREET CLOSURES /PROCESSIONS The following street closures and processions were nreRentirl fnr nnnrnxTal- Applicant Description Date/Timc Location Motion Martin Luther Procession — January 17, Begin at the County -City Carried Inks /Littrell King, Jr., Martin Luther 2011; 12:45 Building, East on Foundation King Day p.m. to 1.30 Jefferson Boulevard, March p.m. Cross St. Joseph Street, End at Century Center DENY REVOCABLE PERMIT FOR ENCROACHMENT - 5635 MIAMI STREET Mr. Gilot stated a Revocable Permit request has been received from Charles Chamblis, at the above address, for the purpose of installing a brick mailbox in the right-of-way at 5635 Miami Street, South Bend, Indiana. Engineering stated this encroachment is in violation of placement in a clear zone in a forty (40) MPH speed limit location. He noted the brick mailbox has already been installed. The requirement in the clear zone in this speed zone is eighteen (18) inches back. Mr. Littrell noted the mailbox does not meet the requirements and is a hazard to motorists involved in an accident. He stated the structure could create severe injuries if struck. Mr. Littrell stated if the Board approves this, Mr. Chambliss should provide an indemnification for the City. Mr. Gilot made a motion that the request be denied, and the mailbox be removed. Mr. Inks seconded the motion, which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE S UARE BLOCK ENCOMPASSING THE FIRST AND SECOND NORTH /SOUTH ALLEYS EAST OF SHERMAN STREET• ROSE STREET BETWEEN SAID ALLEYS- AND THE EAST /WEST ALLEY SOUTH OF ROSE BETWEEN THE FIRST AND SECOND NORTH /SOUTH ALLEYS Mr. Gilot indicated that Ms. Mary A. Miller and Ruth A. Amos, 930 Rose Street, South Bend, Indiana 46616, have submitted a request to vacate the above referenced area. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the REGULAR MEETING DECEMBER 6 2010 380 Area Plan Commission, Police Department, Fire Department, Community & Economic Development and Engineering. Engineering stated that the petitioner will need to come to an agreement with the landowner to the north of the vacated street concerning access to the vacated area. Also, the north/south alley north of Rose Street should be vacated or the vacation of Rose Street should be fourteen (14) feet less. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner recommending approval subject to addressing these concerns. Mr. Littrell seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE FIRST EAST /WEST ALLEY BETWEEN ST. PETER AND NOTRE DAME AVENUE SOUTH OF ST. VINCENT STREET AND NORTH OF HOWARD STREET Mr. Gilot indicated that Ms. Terri Decola, on behalf of the University of Notre Dame, 910 Flanner Hall, Notre Dame, Indiana 46556, has submitted a request to vacate the above referenced alley for the purpose of use as drives for the adjacent houses. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community & Economic Development and Engineering. NIPSCO stated there is a gas main in the eastern portion of the proposed alley vacation. NIPSCO will need a utility easement and no structures can be built over the gas main located in the alley. Engineering stated that the property owners at 1017 Notre Dame Avenue and at 1019 Notre Dame Avenue will need to agree to give each other access to their garages. The property owners at 1014 St. Peter Street and at 1020 St. Peter Street will need to agree on the disposition of the property resultant from the vacation. If there will be no vehicular access to St. Peter Street, the existing approach shall be closed with new curb sidewalk. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner recommending approval subject to addressing these concerns and a cross access agreement with the affected property owners. Mr. Inks seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 514 South 23rd Street REMARKS: All criteria has been met REVISION: From No Parking to One Hour Parking 6 a.m. to 6 p.m. LOCATION: South Side of Jefferson, Main Street to Existing One-Hour Zone REMARKS: More Parking is Available Due to the Enhancement of Old Hardees's Lot FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Certificates of Insurance for the following businesses were accepted for filing: TGB Unlimited, Inc., D /B /A SIT Bancroft Electric, South Bend, Indiana Small's Garden Center & Department 9 Gifts, LaPorte, Indiana RATIFY APPROVAL AND /OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as foll Business Bond Type YP Approved/ Released OWS. Effective Date W.P. Jeffrey DB /A Practical Contractor Release 12/6/2010 Christianity Ministries, Inc Small's Garden Center & Department 9 Contractor Approved 11/30/2010 Gifts Mr. Inks made a motion that the Bonds approval and /or release as outlined above be ratified. Mr. Littrell seconded the motion, which carried. REGULAR MEETING DECEMBER 6 2010 381 SUBDIVISION BOND CLAIM — JADE CROSSING SUBDIVISION Mr. Gilot stated the Board is in receipt of a claim request from Mr. Tony Molnar, Engineering, to request remaining funds from the Jade Crossing Subdivision's Bond for asphalt, miscellaneous repairs and /or upgrades that are required for completion, be released to the City. The developer, Jade Crossing, LLC, did not complete these items and has failed to return calls and all attempts to reach them. Mr. Molnar stated the City is asking to have the funds released to them to pay to have the work completed. Mr. Littrell stated since this project was bid out, prices have gone up on materials and the City may not be able to cover the costs with the original bid amount. He noted they may prefer to go through their Street Department to finish the remaining asphalt work. Therefore, Mr. Gilot made a motion that the request for the Subdivision Bond to be released to the City be approved. Mr. Littrell seconded the motion, which carried.. 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 $1,449,717.13 12 /640 City of South Bend $5,176,489.74 11 /30 /10 City of South Bend $445,462.08 1213110 St. Joseph County Housing Consortium $6,000.00 11/25/10 St. Joseph County Housing Consortium $5,973.45 11/25/10 St. Joseph County Housing Consortium $2,387.61 11/25/10 St. Joseph County Housing Consortium $4,980.00 11/25/10 St. Joseph County Housing Consortium $9,302.21 11/25/10 St. Joseph County Housing Consortium $33,536.82 11/25/10 St. Joseph County Housing Consortium $23,548.20 11/25/10 St. Joseph County Housing Consortium $6,000.00 11/25/10 St. Joseph County Housing Consortium $5,778.00 11/25/10 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 comae before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 11:05 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President "T T Donald E. Inks, Member Carl P. Littrell, Member ATTEST: Linda M. Martin, Clerk