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HomeMy WebLinkAbout01/10/11 Board of Public Works MinutesAGENDA REVIEW SESSION JANUARY 6, 2011 2 The Agenda Review Session of the Board of Public Works was convened at 8:35 a.m. on Thursday, January 6, 2011, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. 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. ELECTION OF 2011 BOARD OF WORKS PRESIDENT Upon a motion by Mr. Inks that the Board retains the current President, Mr. Gilot, as President of the Board of Public Works for 2011, seconded by Mr. Littrell and carried, Mr. Gary A. Gilot was elected President of the Board of Public Works for the year 2011. 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 Review Meetings of the Board held on December 16, 2010, December 20, 2010, December 28, 2010, and January 3, 2011 were approved. RATIFY SUPPLEMENTALS TO CONTRACT — TEAMSTERS LOCAL NO. 364 Attorney Cheryl Greene stated all of the terms and conditions of the supplemental agreements were agreed on by the City and the Union during negotiations, ratified by the Teamsters in November of 2010, and effective as of January 1, 2011. She stated the Legal Department is currently in the process of putting them into final form. Ms. Greene noted it is quite an extensive process mainly due to changes in the uniform policy. She stated the Teamsters were provided with a summary with the highlighted changes which they reviewed and ratified. The Board is being asked to approve the terms and conditions the Teamsters approved, to be put into the contract. Mr. Jim Szucs, Attorney for Local Union No. 364, stated he agreed with and could confirm everything Ms. Greene stated. Mr. Gilot stated the supplementals have no changes in the terms and conditions from those ratified by the Teamsters; they are just formatting. Mr. Szucs stated the contracts and supplementals have been sent out to managers in rough draft form, and that is what they are currently using for reference. Mr. Gilot questioned whether the three year salary ordinance is pending. Mr. Szucs stated the first year salary ordinance has been approved, and they are going back to the Common Council to request the second and third year salary ordinance approval. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the supplementals to the Teamsters' contract were ratified. The Board discussed the following items from the agenda: - Reject Bid Award and Approve Request to Re- Advertise Mr. Matt Chlebowski, Central Services, stated he was requesting the Board reject the bid award for two (2) or more thirty-three (33) cubic yard side- loading refuse trucks to Pyramid Equipment. He stated when he met with the company they informed him that due to the weight distribution of the trucks, if they were fully packed to thirty -three (33) cubic yards they would exceed the legal hauling weight requirements in Michigan. Mr. Chlebowski stated they looked at several options, but the company could not come up with a way to meet the legal requirements. He has decided to reject the bid award, and re- advertise with different specifications. Mr. Chlebowski stated that Pyramid Equipment is in agreement and stated they would be willing to supply a letter stating that they understand and agree with the actions of the City. Mr. Chlebowski stated they would like to put out two specs, and allow for two different configurations to see what they can get. Mr. Gilot requested that Mr. Chlebowski talk to John Murphy in Finance to confirm there would not be a problem with the lease financing being moved to the next year. Change Orders: - Raw Pump No. I Upgrade Mr. Toy Villa, Engineering, stated this change order was due to the City requesting the engine in the pump be re- positioned. Mr. Gilot noted the re- positioning was to allow for a change in the engine drive. - Southern View Drive Culvert Replacement Mr. Villa stated the City requested to pull off of this job until spring. He informed the Board that safety complaints were received from residents because the City could not plow the street while construction was in progress. Several people had called with concerns about dangerous driving conditions on the hill. - Kennedy Park Sewer Separation — Phase I Mr. Villa stated that a milling machine hit a deep void on Hartzer Street and it was discovered that 200 feet of sanitary line needed to be replaced when they looked at REGULAR MEETING JANUARY 10, 2011 15 FILING OF SAFETY REPORTS — DEPARTMENT OF PUBLIC WORKS.. The Division of Water Works submitted their Safety Report for the month of December 2010. This report reflects injuries /accidents for each month and provides for a comparison. There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the report was accepted and filed. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Certificates of Insurance for the following businesses were accepted for filing: Ryan Fireprotection, Inc. — Noblesville, Indiana Schwartz Electric, Inc. -- Wakarusa, Indiana RATIFY APPROVAL OF EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Excavation Rnnrk ha rntif pd mirciiant to RP.Cnhitinn 100 -9000 as follows- Business Bond Type Approved/ Released Effective Date Asplundh Construction Corp. Approved Excavation December 30, 01/10/2011 City of South Bend $924,712.16 2010 S &L Concrete & Excavating, LLC Approved Excavation December 30, 2010 Mr. Inks made a motion that the Bonds approval as outlined above be ratified. 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 $3,674,527.17 01/07/2011 Eddy Street Commons Bond $36,615.30 01/10/2011 City of South Bend $924,712.16 01/10/2011 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. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked why pavers were being used for the Memorial Streetscapes project. Mr. Gilot stated the Engineers looked at porous paving also to find some form of pervious pavement. Mr. Littrell stated porous concrete and pavers costs were looked at and the pavers came in less expensive. Mr. Gilot added the City was in an area where they were challenged to get to a storm sewer and needed to find more cost effective drainage options, including the installation of a rain garden. Mr. Miller questioned whether the City was going to have a deduct Change Order for the Eddy Street Commons Streetscapes project. Mr. Gilot stated they would check on that and send an email reply to Mr. Miller. 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 10:20 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President REGULAR MEETING ATTEST: Linda M. Martin, Clem i JANUARY 10,2011 16 Don ld E. Ink d, Member 1 Carl P. Littrell, Member AGENDA REVIEW SESSION JANUARY 6, 20.11 repairing the hole. Mr. Villa stated it was determined that this should be done now, before paving was completed in the spring. - Embedded Sensor CSO Monitoring Project — Phase II — Amended Change Order No. 7 Mr. Villa stated he made an error in his math on the previously approved Change Order No. 7. He noted the change order amount was correct with an increase of $61,913.72, but he forgot to correct the overall total. He stated the original amount submitted was $2,316,315.63, and it should have been $2,326,315.63. Change Order and Project Completion Affidavit — Kennedy Park Sewer Separation Mr. Toy Villa, Engineering, stated this completion affidavit is for all three phases of this project. He noted the project was awarded as one contract, but the payment records for the three phases were recorded separately. Mr. Gilot questioned if the revised contract total is for the amount originally awarded as one project. Mr. Villa stated it is. Mr. Gilot suggested the three spreadsheets be made a part of the Board's legal record. Award Bid ---- Memorial Hospital Streetscape Improvements Mr. Rob Nichols, Engineering, stated this project award has been on hold until after the first of the year due to funding. Mr. Inks stated the project should be awarded subject to appropriation of funds on January 21, 2011. Mr. Gilot questioned the scope of the project. Mr. Nichols stated it includes landscaping, lighting, parking, and irrigation. He noted Memorial Hospital is covering the costs of the lighting and irrigation. Mr. Gilot stated a multi -use easement for public after -hours parking use will need to be signed and recorded. Project Completion Affidavit — ARRA Mill and Fill Mr. Rob Nichols, Engineering, stated the first phase of the paving project came in $50,000 over budget, and the second phase came in $80,000 under budget, leaving the City with a $30,000 credit balance. He noted therefore, the City does not owe the State any money for the work. Mr. Inks questioned how much the City normally budgets for paving in a year. Mr. Gilot stated the average is around $1,500,000.00. Mr. Inks noted this was almost two years worth of work the Stimulus funds provided. - Safety Report Mr. Dave Tungate, Water Works, presented his division's Safety Report for the month of December, 2010. He noted one minor accident due to inclement weather. - Monthly Report Mr. Dave Tungate, Water Works, presented his division's Monthly Report of Operations for the month of December, 2010. - Homeward Bound Walk & Run Mr. Gilot stated the applicant for this procession, Indiana Association for Community Development, should be notified to have a contingent route, one block east of Niles Avenue, due to the possibility of construction in progress on Niles Avenue at that time. He stated there could be large holes created by construction that would be a safety concern on Niles Avenue. No other business came before the Board. The Clerk was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. The meeting adjourned at 12:05 p.m. BOARD OF PUBLIC WORKS Gary Gilot, President D nald E. fnks, Member Carl P. Littrell, Member ATTEST: LindwM. Martin, Cle k REGULAR MEETING JANUARY 10, 2011 4 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, January 10, 2011, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene, OPENING OF BIDS — DEMOLITION OF STRUCTURES FOR OLIVE ROAD WIDENING PROJECT NO. 110 -090 (AEDA TIF) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: JOHN BOETTCHER SEWER & EXCAVATING, INC. 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 :I Item Nos. BBO1 -BB07 Total $90,864.00 UNIT PRICE ITEM No. DESCRIPTION UNIT COST U001 Excavation, removal and disposal of unknown cistern buried at project site. This shall include Proper disposal of any liquids contained $600.00 GRADE -RITE EXCAVATING, INC. PO Box 837 Granger, Indiana 46530 Bid was signed by: Mr. David Horein Non - Collusion Affidavit was in order Non - Discrimination Commitment form was completed Five percent (5 %) Bid Bond was submitted :D Item Nos. BBOI -BB07 Total $56,700.00 UNIT PRICE ITEM No, DESCRIPTION UNIT COST U001 Excavation, removal and disposal of unknown cistern buried at project site. This shall include proper disposal of any liquids contained $2,900.00 RITSCHARD BROS. , INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by: Ms. Rachelle Dolniak Non - Collusion Affidavit was in order Non - Discrimination Commitment form was completed Five percent (5 %) Bid Bond was submitted I: E Item Nos. BBOI -BB07 Total IS74,881.00 UNIT PRICE ITEM No. DESCRIPTION UNIT COST U001 Excavation, removal and disposal of unknown cistern buried at project site. This shall include proper dis osal of any li aids contained $750.00 REGULAR MEETING 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 JANUARY 10 2011 5 Item Nos. BBOI -BBO7 Total $60,725.00 UNIT PRICE ITEM No. DESCRIPTION UNIT COST U001 Excavation, removal and disposal of unknown cistern buried at project site. This shall include proper disposal of any liquids contained $600.00 ,TERRY REED EXCAVATING, LL_C__ 15401 New Road Mishawaka, Indiana 46544 Bid was signed by: Mr. Jerry Reed Non - Collusion Affidavit was in order Non - Discrimination Commitment form was completed Five percent (5 %) Bid Bond was submitted on Item Nos. BBO1 -BB 07 Total $67,725.00 UNIT PRICE ITEM No. DESCRIPTION UNIT COST U00 Excavation, removal and disposal of unknown cistern buried at project site. This shall include pr o er disposal of anX liquids contained $500.00 C &E EXCAVATING INC. 53767 CR 9 Elkhart, Indiana 46514 Bid was signed by: Mr. Ed Bessinger Non - Collusion Affidavit was in order Non - Discrimination Commitment form was completed Five percent (5 %) Bid Bond was submitted ;11 Item Nos. BB01 -BB07 Total $77,884.00 UNIT PRICE ITEM No. DESCRIPTION UNIT COST U001 Excavation, removal and disposal of unknown cistern buried at project site. This shall include proper disposal of an li uids contained $995.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Engineering and Community and Economic Development and the consultant for review and recommendation. AWARD BID AND APPROVE CONSTRUCTION CONTRACT— MEMORIAL-HOSPITAL STREETSCAPE IMPROVEMENTS — BID PACKAGE - PROJECT NO. 109 -091B (MEDICAL TIF Mr. Rob Nichols, Engineering, advised the Board that on October 25, 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 Ancon Construction Co., Inc., 2146 Elkhart Road, Goshen, Indiana 46526, in the amount of REGULAR MEETING JANUARY 10 2011 6 $943,063.22. Additionally, the Construction Contract was submitted for approval. Mr. Inks made a motion that the recommendation be accepted and the bid be awarded subject to appropriation of funds, and the Construction Contract be approved as outlined above. Mr. Littrell seconded the motion, which carried. Mr. Littrell noted it was more than sixty (60) days since the bid opening, but Ancon had provided a letter stating they would honor their bid for another sixty (60) days. APPROVAL OF REQUEST TO RESCIND BID AWARD AND RE- ADVERTISE FOR BIDS — TWO (2) MORE OR LESS 2010 OR NEWER THIRTY -THREE (33) CUBIC YARD SIDE LOADING REFUSE TRUCKS In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to reject the bid award to Pyramid Equipment for the above referenced equipment, which was awarded on December 6, 2010 and re- advertise for bids using new specifications. It was determined that the configuration of the awarded trucks cannot meet the load weight limits. Attorney Cheryl Greene noted the Board would be rescinding the award, not rejecting it. Mr. Chlebowski wrote in his memorandum that Pyramid Equipment was not protesting the Board's action because they realized they could not carry the specified load without being overweight. Mr. Gilot stated the trucks being bid on were cab over chassis with a great distance between the front and rear axles. Too much weight was on the rear axles to meet legal hauling requirements in the state of Michigan. He noted the new specifications will allow for a cab over chassis or engine over the front, and will require the trucks to meet legal hauling requirements in Indiana and Michigan. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request to rescind the bid award and re- advertise for bids was approved. APPROVE CHANGE ORDER NO. 2 — RAW PUMP NO.1 UPGRADE — PROJECT NO. 109- 039 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Thieneman Construction, Inc., 3313 E. 83`d Place, Merrillville, Indiana 46410, indicating the Contract amount be increased by $2,564.00 for a new Contract sum, including this Change Order, in the amount of $318,564.00. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — SOUTHERN VIEW DRIVE CULVERT REPLACEMENT — PROJECT NO. 109 -008 (SEWERS/OTHER CONTRACTIUALS Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana 46601, indicating the Contract amount be increased by $1,444.04 for a new Contract sum, including this Change Order, in the amount of $50,862.04. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 — KENNEDY PARK SEWER SEPARATION — PHASE I — PROJECT NO. 109-003.(2007B SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of C &E Excavating, Inc., 53767 C.R. 9, Elkhart, Indiana 46514, indicating the Contract amount be increased by $44,183.25 for a new Contract sum, including this Change Order, in the amount of $1,651,020.66. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — KENNEDY PARK SEWER SEPARATION — PHASE I1— PROJECT NO. 110 -003 (2007B SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 on behalf of C &E Excavating, Inc., 53767 C.R. 9, Elkhart, Indiana 46514 indicating the Contract amount be increased by $3,490.00 for a new Contract sum, including this Change Order, in the amount of $994,248.30. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE REVISED CHANGE ORDER NO. 7 — EMBEDDED SENSOR CSO MONITORING PROJECT — PHASE II — PROJECT NO. 109 -019 (SU Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 7 on behalf of HRP Construction Company, Inc., P.O. Box 266, South Bend, Indiana 46624, indicating the Contract amount be increased by $61,913.72 for a new Contract sum, including this Change Order, in the amount of $2,326,315.63. Mr. Gilot noted the Board previously approved the Change Order on December 20, 2010, but Mr. Villa had the wrong total amount of REGULAR MEETING ..JANUARY 10, 2011 7 $2,316,315.63 listed, so this is a revised total amount the Board was approving today. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the revised Change Order was approved. APPROVE CHANGE ORDER NO. 3 — BLOWER NOS. 1A & 1B — PROJECT NO. 109 -074 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of Bowen Engineering Corp., I I10 Arrowhead Court, Crown Point, Indiana, 46307, indicating the Contract amount be increased by $7,962.29 for a new Contract sum, including this Change Order, in the amount of $2,183,725.29. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — PROCUREMENT OF MISCELLANEOUS WATER FITTINGS — PROJECT NO. 109 -066 (SRF) Mr. Gilot advised that Mr. Dave Tungate, Water Works, has submitted Change Order No. 2 on behalf of Underground Pipe and Valve, 1100 Prairie Avenue, South Bend, Indiana 46601, indicating the Contract amount be increased by $1,658.62 for a new Contract sum, including this Change Order, in the amount of $68,970.47. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 FINAL AND PROJECT COMPLETION AFFIDAVIT — KENNEDY PARK SEWER SEPARATION — PROJECT NO. 109 -003 2007B SEWER BOND Mr. Gilot advised that Mr. Toy Villa has submitted Change Order No. 4 (Final) on behalf of C &E Excavating, Inc. indicating the contract amount be decreased by $188,090.90 for a new contract sum, including this Change Order, of $3,132,391.85. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $3,132,391.85. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, Change Order No. 4 (Final) and the Project Completion Affidavit were approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — RAW PUMP NO. I UPGRADE — PROJECT NO. 109 -039 (SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Certificate of Substantial Completion on behalf of Thieneman Construction, Inc., 3313 East 83`d Place, Merrillville, Indiana 46410, for the above referenced project, indicating a substantial completion date of November 8, 2010. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Certificate of Substantial Completion was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — BARTLETT STREET PARKING STRUCTURE FACADE RENOVATION — PROJECT NO. 110 -027 (MEDICAL MF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Certificate of Substantial Completion on behalf of Ziolkowski Construction, Inc., 1005 South Lafayette Blvd., South Bend, Indiana, for the above referenced project, indicating a substantial completion date of November 30, 2010. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Certificate of Substantial Completion was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION II — EMBEDDED SENSOR PHASE 11— PROJECT NO. 109 -019 (SEWER BOND) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted the Certificate of Substantial Completion II on behalf of HRP Construction, Inc., PO Box 266, South Bend, Indiana 46624, for the above referenced project, indicating a substantial completion date of November 19, 2010. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Certificate of Substantial Completion was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — JEFFERSON BOULEVARD & WAYNE STREET ELECTRICAL OUTLET REPAIRS — PROJECT NO. 110 -068 SBCDA TF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Concord Electric, 30753 Old US 20, Elkhart, Indiana 46514, for the above referenced project, indicating a final cost of $8,843.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. REGULAR MEETING JANUARY 10, 2011 8 APPROVE REPORT OF CONTRACT FINAL INSPECTION — ARRA MILL AND FILL — PROJECT NO. 109 -060 (ARRA) Mr. Gilot advised that Mr. Rob Nichols, Engineering, has submitted the report of final inspection on behalf of Rieth -Riley and INDOT for the above stimulus funded State project. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Report of Contract Final Inspection was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — IRONWOOD DRIVE WATER MAIN EXTENSION - PROJECT NO. 109 -052 (BOND) Mr. Gilot advised that Mr. Ed Herman, Water Works, has submitted the Project Completion Affidavit on behalf of C &E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana for the above referenced project, indicating a final cost of $293,851.35. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — TRUCKING OF BELT - PRESSED WASTEWATER BIOSOLIDS WASTEWATER O &M In a memorandum to the Board, Mr. Al Greek, Environmental Services, requested permission to advertise for the receipt of bids for the above referenced service. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — DIAMOND AVENUE TRUNK STORM SEWER — PROJECT NO. 109 -033 (SEWER BONDIEDIT) In a memorandum to the Board, Mr. Patrick Henthorn, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 01 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF ONE (1) 1993 CASE LOADER FOR O_N_E (1) LDRIBACKHOE OF GREATER VALUE FROM THE SOUTH BEND DIVISION OF STREETS TO MCDONALD MACHINERY CO. 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. 01-2011 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF ONE (1) 1993 CASE LOADER FOR ONE (1) LDR/BACKHOE OF GREATER VALUE FROM THE SOUTH BEND DIVISION OF STREETS TO MACDONALD MACHINERY CO. 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 Division of Streets: ONE (1) 1993 Case Loader SERIAL NO. JJG0207154 M! REGULAR MEETING JANUARY 10, 2011_ 9 WHEREAS, the City of South Bend Division of Streets is in need of this equipment, the trade by the South Bend Division of Streets with MacDonald Machinery Co. of the above equipment for the following equipment that is similar in nature and of equal or greater value is desired: ONE (1) LDR Backhoe SERIAL NO. NAC532240 NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the Division of Streets for the equipment as indicated above. ADOPTED this 10th day of January, 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary Gilot sl Donald Inks s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 02 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF THREE (3) 2008 HARLEY DAVIDSON ROAD KING MOTORCYCLES FOR THREE (3) 2011 ELECTRAGLIDE HARLEY—DAVIDSON MOTORCYCLES OF GREATER VALUE FROM THE SOUTH BEND POLICE DEPARTMENT TO MCDANIEL'S HARLEY DAVIDSON 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. 02-2011 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR THE TRADE OF THREE (3) 2008 HARLEY DAVIDSON ROAD KING MOTORCYCLES FOR THREE (3) 2011 ELECTRAGLIDE HARLEY DAVIDSON MOTORCYCLES OF GREATER VALUE FROM THE SOUTH BEND POLICE DEPARTMENT TO MCDANIEL'S HARLEY DAVIDSON 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 Police Department: THREE (3) 2008 HARLEY DAVIDSON ROAD KING MOTORCYCLES VIN NOS.: 1HDIFHM158Y664570 - 1HD1FHM178Y660195 1HD1FHM188Y661226 .• WHEREAS, the City of South Bend Police Department is in need of this equipment, the trade by the South Bend Police Department with McDaniel's Harley Davidson of the above equipment for the following equipment that is similar in nature and of equal or greater value is desired: REGULAR MEETING JANUARY 10, 2011 10 THREE (3) 2011 ELECTRAGLIDE HARLEY DAVIDSON MOTORCYCLES NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend the trade by the Police Department of the motorcycles as indicated above. ADOPTED this 10th day of January, 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Donald Inks s/ Carl Littrell ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 03 -2011 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 03-2011 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847 -88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, CORPORAL THOMAS LESZCZ retired on January 7, 2011, from the South Bend Police Department after more than thirty -Seven (37) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5- 22 -22 -1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 50136 Model No. P229, a.40 Caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this I OTH DAY of JANUARY 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary Gilot s/ Donald Inks s/ Carl Littrell REGULAR MEETING JANUARY 10, 2011 11 ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 04 -2011 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 04-2011 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847 -88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, SERGEANT MARIAN NICKS - WALKER will retire effective January 25, 2011, from the South Bend Police Department after more than twenty -nine (29) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5- 22 -22 -1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 50295, Model No. P229, a .40 Caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this I OTH Day of JANUARY 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot s/ Donald Inks s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 05 -2011 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY 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. 05-2011 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: REGULAR MEETING JANUARY 10, 2011 12 UNIT 392 1995 GIANT LEAF VAC VIN 249833 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. ADOPTED this 10th day of JanuM 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary Gilot sl Donald Inks s/ Carl Littrell ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 06 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY 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. 06-2011 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 Information Technology Department of the City of South Bend: VARIOUS COMPUTERS (See Attached List) 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. ADOPTED this 10th day of Januar2011. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s /Gary A. Gilot, President REGULAR MEETING JANUARY 10, 2011 13 s /Donald E. Inks, Member s /Carl P. Littrell, Member ATTEST: s /Linda M 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/ Maintenance Goetz, Inc. Maintenance for 2011 at (Water Works Second Agreement for CBCInnovis, Credit Reporting Services for $2,400.00 Inks /Littrell Services Inc. HUD Counseling and the (CED General Inks /Littrell Services Gibson REWARD and SBHIP Fund) Littrell /Inks Agreement Insurance Programs Years Professional Greeley & East Bank Sewer Separation $17,500.00 Littrell /Inks Services Hansen LTCP Coordination -- Project (WWTP Eng) Agreement ME Simpson No. 109 -070 $73,900.00 Inks /Littrell Agreement Notre Dame 5 -Year Agreement for Fire Paid to City: Inks /Littrell University Department Emergency 2011 - Legal Medical Services $10,717.52; Review Professional DLZ Indiana, Michigan Street Lift Station 2012- Inks /Littrell Services LLC Relocation Feasibility Study — $10,931.87; Agreement Project No. 111 -008 2013 -2015- $55,197 Contract Notre Dame 5 -Year Contract for Fire Paid to City: Inks /Littrell University Department Emergency Hourly Rates Medical Services for Special Dependent on Events Personnel Customer (Integra Service Document Destruction and Recycling Service $1,500.00 1 Inks /Littrell Preventative Herrman & HVAC Preventative $10,400.00 Inks /Littrell Maintenance Goetz, Inc. Maintenance for 2011 at (Water Works Agreement Solutions Water Works Facilities Ops) Professional Perkin Elmer Repair and Maintenance for $21,456.00 Inks /Littrell Services Gibson Wastewater Lab Equipment — for Two Littrell /Inks Agreement Insurance Two Year Contract through Years Agency, Inc. 12/31/12 (Wastewater Professional DLZ Indiana Design for Expansion of Steel $1.9,500.00 Inks /Littrell Services Warehouse over CSO 003 (Bond) Agreement Trunk Sewer — Project No. 111 -007 Contract On -Site Wellness Screenings and $41,800 Littrell /Inks Health Case Management for 1,100 (Health Solutions City Employees at $38 Each Insurance Fund) Agreement Gibson Advisory and Brokerage $90,000.00 Littrell /Inks Insurance Services to City for Property (Business Agency, Inc. and Casualty Insurance Insurance Requirements Fund) Agreement ME Simpson 2011 Leak Detection Survey $73,900.00 Inks /Littrell Company for 575 Miles of Water Main, (Water Subject to 42,000 Stop Boxes, and 5,500 Operating Legal Fire Hydrants Budget) Review Professional DLZ Indiana, Michigan Street Lift Station $12,500.00 Inks /Littrell Services LLC Relocation Feasibility Study — (Wastewater Agreement Project No. 111 -008 Professional Services) REGULAR MEETING JANUARY 10 2011 14 APPROVAL OF STREET CLOSURES /PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Ivy Tech Procession — January 17, Begin at Ivy Tech Inks /Littrell Community Martin Luther 2011; 1:00 p.m. Community College; College Kin, Jr, Day to 2:30 p.m. North on Michigan Street Walk to Washington Street, End at Century Center Knights of Procession — January 16, Begin at the Intersection Inks /Littrell Columbus Right to Life 2011; 2:00 p.m. of Washington Street & Walk (Walk the to 3:00 p.m. Hill Street; West on Hill Talk Event) Street; End at the Intersection of Hill Street & LaSalle Avenue (St. Joseph's Catholic Church) Homeward Indiana April 2, 2011; Two Routes Involving Inks /Littrell Bound Walk & Association for 8:00 a.m. to Howard Park and the Subject to Run Community 10:30 a.m. Surrounding Contingent Development Neighborhood Route One Block East of Niles Ave. due to Construction APPROVAL OF RENEWAL OF LICENSE FOR MASSAGE ESTABLISHMENT --- PERFECT BALANCE Mr. Gilot stated that the Board is in receipt of favorable recommendations for an application from Perfect Balance, 1518 Mishawaka Avenue, South Bend, Indiana 46615 for a Massage Establishment License Renewal. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the License Application was approved. DENY TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control device was denied: DENIAL OF NEW INSTALLATION: LOCATION: REMARKS: Handicapped Accessible Parking Space Sign 1141 College Street Has Not Met all Requirements — Applicant has Driveway that Provides Better Access to Home APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 17410 DARDEN ROAD — WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Rights to Remonstrate as submitted by John and Ellen Nyberg, 17410 Darden Road, South Bend, Indiana 46635 (Key #002- 2176 - 8431). 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 17410 Darden Road, the Nyberg's waive and release 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 Division of Water Works submitted their Monthly and Performance Report for the month of December, 2010. There being no further discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the monthly report was accepted and filed.