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HomeMy WebLinkAbout01/24/12 Board of Public Works MeetingAGENDA REVIEW SESSION JANUARY 19, 2012 13 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, January 19, 2012, by Board President Gary A. Gilot, with Board Member Donald E. Inks and Interim Member Kathryn Roos present. Also present was Attorney Larry Meteiver. 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. - Bid Award Extension — Universal - Nestable Refuse Containers Mr. Matt Chlebowski, Central Services, stated this bid was awarded to Pyramid Equipment on December 6, 2010. At that time, Pyramid was required to honor their bid price for twelve months. Mr. Chlebowski noted it is well beyond that date now, but Pyramid has provided a letter agreeing to extend the pricing to February 15, 2012. Mr. Gilot stated these are replacements due to inventory shrinkage from loss and damage. He added that they have been scouting scrap yards and recovering up to fifty (50) containers at a time due to people using them to haul scrap. - Bid Award Extension — Police Patrol Vehicles Mr. Jeff Hudak, Central Services, stated this bid was awarded March 14, 2011 to Amell Chevrolet, with the intention of holding the bid price. He noted Amell has supplied a letter confirming they will honor that bid price. Mr. Gilot noted this will avoid price increases, and is good as long as the funding is available. Mr. John Murphy, Finance, stated it is; he just has to do some adjusting because these are lease /purchases. Mr. Gary Horvath, Police Department, stated there are 260 sworn officers, and they try to get six to seven years out of each car. He noted there are a lot of cars making their ten year mark. - Bid Award Extension - Cargo Vans Matt Chlebowski, Central Services, informed the Board that this bid was awarded on June 25, 2011 and the vendor, Jordan Ford has provided a letter stating they will honor their original bid price of $19,710.00 each for two additional vans; one for Water Works and one for Wastewater. He stated that Wastewater was looking at getting a truck, but found these vans would work better for their purpose and save fuel. Mr. Gilot asked Mr. Al Greek, Wastewater, to put together a spreadsheet to show initial cost versus fuel ' saving over the life cycle. Mr. Greek stated they will use the van for the CSO manager to haul cones and tools and equipment. He noted this keeps everything covered and secure. Mr. Hudak stated Wastewater will save a lot in fuel replacing a full size automatic drive van with these vans. Resolution No. 06 -2012 — Accepting the Donation of Gates Property Mr. Bill Schalliol, Economic Development, stated this donation is related to the Veteran's Administration project. Three properties are being donated to the Board of Works, who will in return, transfer them back to Redevelopment. Mr. Inks noted that Redevelopment can't buy or accept the property. Mr. Gilot explained the Board of Works is the owner of public right -of -way property. Addendum to the Master Agency Agreement — Redevelopment Commission Mr. Bill Schalliol, Economic Development, stated this addendum authorizing the Board of Works to process the bid documents for the 2012 Coveleski Stadium Rehabilitation Improvements, will pull all of the first parts together. He noted the Park Board approved their Addendum last week. Mr. Dave Rafinski, Consultant, Wightman Petrie, stated this rehabilitation includes some items that were originally in the master plan and are now coming to fruition. He stated the first part of the plan is to redesign the team store and place it in the synagogue. He noted the building is deteriorating by sitting empty and they want to utilize it and make it part of the Stadium property. That portion, he noted, would cost about $498.000.00. Another part of the plan, Mr. Rafinski stated, is design of outdoor suites on the first and third base side. He noted seating will be removed and the ' flooring extended out, with a temporary railing that can be removed to make one (1) large suite, or used as two (2) suites. Mr. Inks asked if these are being sold on a season basis, or per game. Mr. Rafinski stated he was not sure. Also being renovated is the Executive Suite, located in the current press box area, he stated. They will be converting four radio rooms to suites, bringing outdoor seating to this suite. There will be an entire folding glass wall that will give an open air feel to the suite. Mr. Mark Neal, Controller, asked how the changes will affect the capacity of the Stadium. Mr. Rafinski stated he was not sure, but his guess is it's going to go down a little. New seating being installed will take up more room, so some seating will be lost, approximately one - hundred (100) seats, he guessed. Additional work, Mr. Rafinski stated, will be painting and maintenance of existing out buildings that are falling apart, and changing the field fagade to brick veneer. AGENDA REVIEW SESSION JANUARY 19, 2012 14 Mr. Gilot questioned how that fagade will hold up against balls hitting it. Mr. Rafinski stated they looked at that, and it will hold up. Ms. Roos asked if all of the fagade brick will match. Mr. Rafinski stated it will. Additionally, Mr. Rafinski stated the office area will be remodeled. He noted it is currently one of the least functional office areas he's seen. Mr. Rafinski stated the construction of a commissary is in the plans. He noted it never got built and is critical for operations. Mr. Rafinski said there is currently no delivery dock at the cove, they hand unload each pallet. This commissary will give a loading dock, and future build outs under the commissary will be restrooms and a cooler. Mr. Rafinski stated additionally an area of inflatables is in the design plans. Mr. Gilot asked if the colored concrete under the inflatables works for safety for kids. Mr. Rafinski stated there were a couple ways to go; if it was a playground you would have to go with mulch or rubber shavings. Due to these being enclosed inflatables, you aren't required to use those surfaces. Mr. Gilot requested they have some safety and risk people involved in the design to confirm the area meets safety standards. Mr. Gilot questioned if the play area is accessible. Mr. Rafinski stated there is an accessible ramp from the synagogue side. Other items Mr. Rafinski discussed were an outside wall redesign, outdoor fire columns, batting cage replacement, splash pad, audio video upgrades, kitchen addition, concession upgrades, new furniture, and sign upgrades. Mr. Gilot questioned the durability of composite material for the outside wall. Mr. Rafinski stated this area doesn't get a lot of use traditionally and the composite should last five (5) to seven (7) years. Mr. Gilot noted the back of the scoreboard is blank. With the size of the scoreboard, he suggested it would be a good advertising opportunity. Ms. Roos noted there was $50,000.00 previously allocated for the scoreboard, is that going to be sufficient to cover all of the upgrades. Mr. Rafinski stated it would be. Mr. Gilot asked if the concessioner's will be required to buy a lot of their equipment. Mr. Rafinski stated they would. He noted with the change in ownership of the stadium, the concessioner contract is still locked. Mr. Inks asked how the bidding will be done on this project. Mr. Schalliol explained it would be broken out into sections. The City will bid out $1,750,000.00, and the Cove will hire out the remaining $2,000,000.00. Mr. Rafinski stated the request for bids will be advertised in January and the hope is to open bids the second Board of Works meeting in February. He noted this doesn't give a lot of time until the opening day at the Cove. Mr. , Gilot suggested the Board could reconvene after the bids are opened and reviewed, and an award could be done the same day. Mr. Gilot asked if they are getting fiber optic in there. Mr. Toy Villa, Engineering, stated it is already in there; however Metronet wants to charge the stadium as an outside customer, not a City entity. He noted he is working with them to change that. - Change Order — Mayflower Road Construction Mr. Toy Villa, Engineering, stated this Change Order was due to a design error. He stated the architect forgot to add electricity to the traffic signal controller. Mr. Inks noted this will have to be approved subject to funding. - Monthly Report — Environmental Services Mr. Al Greek, Environmental Services, noted there were no dry weather over -flow violations for December. He stated Environmental Services used to have twenty -five to thirty dry weather overflows a year, but now with the installation of the CSO's they may have one a year. Mr. Inks questioned if we were still getting thirty a year, what the penalty would be. Mr. Greek stated the City could potentially be fined $25,000 a day. He added it's almost impossible to not have any; they are caused from cave -ins, roots and debris, home fire debris, etc. Mr. Gilot signed the Monthly Report of Operations in his capacity as Board of Work's President. - Resolution No. 04 -2012 — Adopting a Written Fiscal Plan and Establishing a Policy for the Provision of Services to an Annexation Area in Clay Township (Alibaba Area) Mr. Michael Divita, Community and Economic Development, stated this Fiscal Plan is to ' adopt a plan for providing services for water and sewers to the Alibaba Area, whose owners are requesting to be annexed. Mr. Inks asked if this is a commercial or residential area. Mr. Divita stated it will be commercial with a coffee shop with billiards. He noted the owners will need a variance, but the owner will apply for it. He added the area will not need new lights or traffic equipment, and the City and County will work out a combined maintenance agreement. Mr. Inks asked if there is any potential need to extend water or sewer to any parcels. Mr. Larry Meteiver, Legal, stated that part of the agreement is to keep the properties on septic systems until further notice. Once a septic system breaks down, it would be replaced with City water lines. - Agreement — Verizon Wireless AGENDA REVIEW SESSION JANUARY 19.2012 15 Mr. Gary Horvath, Police Department, stated he is requesting to expand the wireless capability of Police squad cars. He noted this will allow access to crime mapping, internet services, crime reports, sexual predator data base, Police Standard Operating Procedures, the city website, the Bureau of Motor Vehicle site, and other potential uses to aid the officers while in their vehicles. He stated pricing has come down about $50,000 since this was last looked at, and they are using the State Quantity Purchasing Agreement pricing. Mr. Horvath noted that every vehicle will be a mobile hot spot. He stated he is asking for a blanket purchase order for this agreement so it can be phased in. Mr. Phil Custard, Purchasing, asked what about security? Mr. Horvath stated there is a very long security access number that you have to have access to. Ms. Kathryn Roos, Mayor's Office, asked how long the duration of the blanket purchase order would be for. Mr. Horvath stated until the end of year. Ms. Roos asked how long the pricing is good for; are they going to want to renegotiate the price. Mr. Custard stated the current prices are good until December, 2013. Mr. Horvath stated they looked at other cellular companies with comparable pricing, but the range for the equipment was the determining factor on Verizon. Bid Awards - Street materials Mr. Robert Nichols, Engineering, stated this bid is being awarded to four (4) different companies; the lowest bidder in each category. Mr. Gilot noted the award is by unit prices with a maximum, not to exceed price. He informed Mr. Nichols he needs to determine the not to exceed total on each of the street materials. Mr. Nichols stated he would have all of the not to exceed amounts for Monday's agenda. APPROVE PROJECT COORDINATION CONTRACT - INDOT- NORTHEAST NEIGHBORHOOD TRAIL CAMPEAU STREET TO TWYCKENHAM DRIVE — PROJECT NO. 110 -001 (FEDERAL AID /LOCAL MATCH LRSA) Mr. Robert Nichols, Engineering, stated this project with the State, will extend the Northeast Neighborhood Trail from State Road 23 to the existing trail along Angela. The cost to the City will be 20% of the bid amount. He noted it would be helpful to have it approved at today's meeting to move it forward. Therefore, Mr. Gilot made a motion that the contract be approved. Mr. Inks seconded the motion, which carried. 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 12:40 p.m. BOARD O ATTEST: da M. Marlin, Jerk REGULAR MEETING JANUARY 24, 2012 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, January 24, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks and Kathryn Roos present. Also present was Board Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition of Resolution No. 07 -2012 to the agenda. REGULAR MEETING JANUARY 24.2012 16 APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on January 5, 2012 January 9, 2012 and January 17, 2012, were approved. OPENING OF BIDS — 2012 TRUCKING OF BELT - PRESSED WASTEWATER BIOSOLIDS FOR LAND APPLICATION (2012 WASTEWATER O &M) 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- I County News, which were found to be sufficient. The following bids were opened and publicly read: TRUCKS' R US, INC. 23942 State Road 2 South Bend, Indiana 46619 Bid was signed by: Mr. James Burger 1. Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted 2. Ten percent (10 %) Bid Bond was submitted BID: $79.00 per Truck, per Hour, Monday through Sunday Ms. Greene noted that the bid included a Local Preference Form, but that wouldn't make a difference in this case since this was the only bid received. She noted also that the Non - Collusion form used in this bid was not the City's current State form. She stated the new form would need to be submitted, depending on what the specifications required. Ms. Greene also noted the bid amount was difficult to determine, it had been erased with white -out, and re- written. Mr. Gilot asked if anyone from the company was present that could verify that $79.00 was the correct amount of the bid. Mr. Jim Burger stated he was the owner of Trucks'R Us, and $79.00 was ' correct. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to Organic Resources for review and recommendation. AWARD BID AND APPROVE CONTRACT — DEMOLITION. ENVIRONMENTAL REMEDIATION AND SITE RESTORATION OF FORMER EMI BUILDING — PROJECT NO. 111 -041 (AEDA TIF) Mr. Rob Nichols, Engineering, advised the Board that on December 27, 2011, 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 Jackson Services, 1674 N. 750 West, Rochester, Indiana 46971, in the amount of $97,800.00, subject to the appropriation of funds. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved subject to the appropriation of funds. Ms. Roos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — MICHIANA LOCK AND KEY DEMOLITION AND PARKING LOT IMPROVEMENTS — PROJECT NO. 111 -059 (SBCDA TIF) Mr. Rob Nichols, Engineering, advised the Board that on December 22, 2011, 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 Indiana Earth, Inc., 10343 McKinley Highway, Osceola, Indiana 46561, in the amount of $40,455.00, subject to the appropriation of funds. Therefore, Mr. Inks made a motion that the I recommendation be accepted and the bid be awarded and the Construction Contract approved subject to appropriation of funds. Ms. Roos seconded the motion, which carried. AWARD BID — 2012 STREET MATERIALS — PROJECT NO. 112 -001 (MVH) Mr. Rob Nichols, Engineering, advised the Board that on January 9, 2012, 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 bidders in unit price amounts as follows: REGULAR MEETING JANUARY 24, 2012 17 Company Item Nos. Not to Exceed Rieth-Riley Construction 1 -26 $1,200,000.00 Kuert Concrete 27 -35 $190,000.00 Bit Mat 36 -41 $200,000.00 Klink Trucking 36, 38, 39 $75,000.00 Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Contracts approved as outlined above in unit prices, not to exceed the listed amounts. Ms. Roos seconded the motion, which carried. AWARD BID — 2012 MANHOLE AND SEWER REHABILITATION — PROJECT NO. 112- 002 (SEWER CAPITAL) Mr. Rob Nichols, Engineering, advised the Board that on January 9, 2012, 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 bidders Insituform Tech USA, Inc., Items 1 through 6 with C1 and C2, in unit prices not to exceed $900,000.00; and Monoform of Indiana — Item 7 in unit price amounts not to exceed the amount of $800,000.00. Mr. Gilot noted in the memorandum from Mr. Nichols, he had the amounts listed as not to exceed $1,000,000.00. Mr. Gilot stated that amount was incorrect and the Board was approving the bid documents in the amounts of $900,000.00 and $800,000.00 respectively. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded in unit prices, not to exceed, as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID — 2012 INFRARED PAVEMENT PATCHING — PROJECT NO. 112 -003 MVH Mr. Rob Nichols, Engineering, advised the Board that on January 9, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Nichols, Engineering recommended that the Board award the contract to the lowest responsive and responsible bidder, Asphalt Restoration Services, PO Box 2484, South Bend, Indiana 46680, in unit prices, not to exceed $180,000.00. Mr. Gilot noted the agenda stated an amount, not to exceed, of $260,000.00, but Mr. Nichols has amended the amount to $180,000.00. Therefore, ' Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roos seconded the motion, which carried. APPROVE BID AWARD EXTENSION — FORTY (401 2012 OR NEWER FRONT WHEEL DRIVE POLICE PATROL VEHICLES (2012 POLICE DEPARTMENT CAPITAL LEASE) Mr. Jeffrey Hudak, Central Services, advised the Board that on March 14, 2011, the above referenced bid was awarded to the lowest responsible, responsive bidder, Amell Motor Group, 239 Melton Road, Burns Harbor, Indiana 46304. Amell Motor Group has agreed to extend the unit prices for forty (40) additional vehicles, including twenty -eight (28) with option A, two (2) with Option B, and ten (10) with Option C. Mr. Hudak recommended that the Board approve the bid award extension in the amount of $911,842.40. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid award extension be approved as outlined above, subject to lease financing. Mr. Inks seconded the motion, which carried. APPROVE BID AWARD EXTENSION — TWO (2) 2012 OR NEWER FRONT WHEEL DRIVE CARGO VANS (2012 WATER WORKS CAPITAL /2012 WASTE WATER CAPITAL) Mr. Jeffrey Hudak, Central Services, advised the Board that on July 25, 2011, the above referenced bid was awarded to the lowest responsible, responsive bidder, Jordan Ford, 609 East Jefferson Boulevard, Mishawaka, Indiana 46545. Mr. Hudak informed the Board that Jordan Ford, in a letter, has agreed to extend the unit prices to include two (2) additional cargo vans. Mr. Hudak recommended that the Board approve the bid award extension in the amount of $19,710 each for a total of $39,420.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid award extension be approved as outlined above. Ms. Roos seconded the motion, which carried. APPROVE BID AWARD EXTENSION — ONE THOUSAND EIGHT (1,008) UNIVERSAL NESTABLE REFUSE CONTAINERS (2011 SUN TRUST ESCROW) Mr. Matt Chlebowski, Central Services, advised the Board that on December 6, 2010, the above referenced bid was awarded to the lowest responsible, responsive bidder, Pyramid Equipment, 211 South Prairie Street, Rolling Prairie, Indiana 46371. In a letter to Central Services, Pyramid Equipment has agreed to extend the award to include 1,008 additional Nestable Containers in the REGULAR MEETING JANUARY 24, 2012 18 unit price amount of $44.75 per unit for a total of $45,108.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid award extension be approved as outlined above. Ms. Roos seconded the motion, which carried. APPROVE CHANGE ORDER NO. 4 — MAYFLOWER ROAD CONSTRUCTION — PROJECT NO. 110 -036 (AEDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 on behalf of C &E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514, indicating the contract amount be increased by $9,647.00 for a modified contract sum, including this Change Order, in I the amount of $2,594,585.95. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — MAYFLOWER ROAD SANITARY SEWER EXTENSION PHASE I — PROJECT NO. 109- 055 (TIF /SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 (Final) on behalf of C &E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514, indicating the contract amount be decreased by $81,256.50 for a modified contract sum, including this Change Order, of $1,806,675.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $1,806,675.00. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, Change Order No. 4 (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT — COVELESKI STADIUM IMPROVEMENTS SCOREBOARD AUDIO VIDEO — PROJECT NO. 111 -005B Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Daktronics, 27140 Lynde Drive, Olmstead Township, Ohio 44138, for the above referenced project, indicating a final cost of $935,075.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUESTS TO ADVERTISE FOR THE RECEIPT OF BIDS In a memorandum to the Board, Mr. Jeffrey Hudak, Central Services, requested permission to I advertise for the receipt of bids for the below referenced vehicles: 1. Five (5) More or Less, 2012 or Newer3 /4 Ton Four -Wheel Drive Pick Up Trucks A. Funding: Three for 2012 Park Department Capital/Two for 2012 Traffic and Lighting Capital 2. One (1) or More, 2012 or Newer' /o Ton Two -Wheel Drive Pick Up Truck A. Funding: 2012 Park Department Capital 3. One (1) or More, 2012 or Newer Two -Wheel Drive SUV Police Patrol Vehicle A. Funding: 2012 Police Department Capital 4. Five (5) More or Less, 2012 or Newer Rear Wheel Drive Police Patrol Vehicles A. Funding: 2012 Capital Lease 5. One (1) or More, 2012 or Newer Heavy Duty 16,500 lb GVWR Chassis A. Funding: 2012 Street Department Capital Lease 6. Two (2) More or Less, Pre -Owned 2011 or Newer Compact Four Door Sedan Automobiles A. Funding: 2012 Building Department Capital Mr. Gilot requested Mr. Hudak be contacted about purchasing all four -wheel drive trucks instead of some two -wheel drive ones also. He noted it would be good to have four -wheel drive for helping with snow removal in the winter. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above requests were approved, and the request to advertise for two -wheel I drive pick -up trucks and two -wheel drive Police SUV's was approved for either two -wheel drive or four -wheel drive options. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — MEMORIAL 1,1IR79101616Y.1 u, 0 - :V-418►[0111[Q1711031"I In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. REGULAR MEETING JANUARY 24, 2012 19 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS IGNITION PARK SOUTH DEMOLITIONS PHASE lI — PROJECT NO 112-008 (AEDA TIF) In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS COVELESKI STADIUM REHABILITATION — 2012 IMPROVEMENTS — PROJECT NO. 112 -007 (SBCDA TIC In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. ADOPT RESOLUTION NO. 04 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (ALIBABA ANNEXATION AREA) Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 04-2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (ALIBABA ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is more ' particularly described at Page 13 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.42 acres of land containing a commercial building and vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 25.7% contiguous, generally located near the northeast corner of State Road 23 and Terrace Lane (17917 State Road 23). It is anticipated that the annexation area will be used for commercial purposes as permitted by the zoning ordinance. The development will require a basic level of municipal public services of a non - capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non - capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non - capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non - capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other REGULAR MEETING JANUARY 24, 2012 20 governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property described more particularly at Page 13 of Exhibit "A" attached hereto be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy , of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non - capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as street and road construction, a street light system, a sanitary sewer system, a water distribution system, a storm water system and drainage plan, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area with fees for prior main line extensions due upon application for a tap permit and any improvements in sewer or water capacity to be paid for by the developer in compliance with state and local law; that no additional street lighting will be necessary; and that no new roads or streets will be required, with the existing boundary streets of Terrace Lane and Dunn Road to be maintained by County and City under a mutually agreeable plan. Section IV. It is required as a condition of annexation that any future alterations to the , property meet City of South Bend's building and zoning requirements. It is a further condition of annexation that any sewer main line extension will be done at the developer's expense but that the developer may continue to rely temporarily on its septic system. Upon failure of the septic system after the effective date of annexation, the developer will be responsible for connection to the City's main line provided that the main line has been extended reasonably proximate to the developer's property line. If this has not occurred at the time of septic failure the developer may continue to use a septic system at its sole expense. Failure to comply with the foregoing conditions may result in the City's repeal of annexation. Adopted the 24th day of January, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s/Donald Inks, Member s/Kathryn Roos, Member ATTEST: , s /Linda Martin, Clerk ADOPT RESOLUTION NO. 06 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE DONATION OF REAL PROPERTY Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING JANUARY 24.2012 21 RESOLUTION NO. 06 -2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE DONATION OF REAL PROPERTY WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") has custody of and may maintain all real property owned by the City of South Bend, Indiana (the "City ") pursuant to I.C. 36- 9 -6 -3; and WHEREAS, GMS REALTY, INC. ( "GMS ") is a corporation organized under the laws of the State of Indiana; and WHEREAS, GMS is the owner of real property located in the City of South Bend, St. Joseph County, Indiana: Parcel Number 018- 3008 -0265 (Lot 14) Parcel Number 018 - 3008 -0266 (Lot 15) Parcel Number 018 - 3008 -0267 (Lot 16) situated at the northwest corner of Western Avenue and Main Street (collectively referred to as the "Real Property "); and WHEREAS, the South Bend Redevelopment Commission has been in negotiations with GMS and GATES & GATES REALTY, LLC, for the purchase of several parcels in the vicinity of the Real Property; and WHEREAS, pursuant to those negotiations, GMS desires to donate the Real Property to the City for the use of the Board; and WHEREAS, the Board is willing to accept the donation of the Real Property from GMS. ' NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The donation from GMS of the Real Property as set forth above is accepted by the Board. 2. Any one of the members of the Board is authorized, on behalf of the Board, to execute any and all documents, upon advice of counsel, in order to effect the terms and intent of this Resolution and are further directed to accept deeds evidencing the donation and to present said deeds for recording in the Office of the St. Joseph County Recorder. 3. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on January 24, 2012, at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President ' s/Donald Inks, Member s/Kathryn Roos, Member ATTEST: s /Linda Martin, Clerk ADOPT RESOLUTION NO. 07 -2012 CONTINGENT UPON FINANCING — A RESOLUTION AUTHORIZING ADMINISTRATIVE SETTLEMENT RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND INDIANA REGULAR MEETING JANUARY 24, 2012 22 Ms. Greene stated the purpose of this resolution was to reimburse the NNRO for costs associated with the acquisition of two properties and settlement of the condemnation proceedings, acquired for right -of -way development. She noted until a funding source was determined, the Board should adopt the resolution contingent upon financing. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works contingent upon confirmation of financing: RESOLUTION NO. 07-2012 RESOLUTION AUTHORIZING ADMINISTRATIVE SETTLEMENT RELATED TO , ACQUSITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (Eddy Knolls Right -of -Way Project) WHEREAS, pursuant to Indiana Code § 32- 24- 2 -2the City of South Bend, Indiana ( "City ") is a municipality; and WHEREAS, the City acting by and through its Board of Public Works ( "Board ") has determined that it is necessary for construction of permanent right -of -way identified as "Eddy Knolls Street' located within the proposed Eddy Knoll P.U.D. ( "Project') which Project will serve a public purpose, be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City; and WHEREAS, pursuant to Indiana Code § 36 -9-6 -3 and Indiana Code § 36-1- 10.5 —Ithe Board is the entity vested with the authority and power to acquire property for use of the City or to open, change, lay out or vacate a street in the City including a proposed street and to construct the Project; and WHEREAS, in accordance with its Resolution No. 38 -2010 adopted by the Board on June 14, 2010 determined that in order to properly complete the Project, it is necessary to acquire a permanent interest in all of certain properties located at 1050 Burns Street (Tax Key No. 018- 5099 -3500) and 1054 -1056 Burns Street (Tax Key Nos. 18 -5099 -3497 and 18 -5099 -3493) , (collectively the "Properties "); and WHEREAS, Resolution No. 38 -2010 further established an offering price for each parcel of $114,000.00 and $74,000.00 respectively in accordance with eminent domain procedures established by Indiana law; and WHEREAS, in accordance with Indiana Code § 32- 24 -2 -1, acquisition of the Properties was initiated by the Board through an administrative condemnation proceeding which was appealed by the Property owners to the St. Joseph County Circuit Court as Cause No. 71C01- 1011 -PL -00235 and Cause No. 71C01- 1011 -PL- 00236; and WHEREAS, in order to settle the condemnation proceedings, a negotiated settlement was facilitated and reached through the efforts of a third party, the Northeast Neighborhood Revitalization Organization, Inc. ( " "NNRO "), a not - for - profit corporation organized under the laws of the state of Indiana created to promote community development within the City of South Bend, and the condemnation proceedings were dismissed; and WHEREAS, the Board desires to reimburse NNRO for the costs associated with acquisition of the Properties and settlement of the condemnation proceedings. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of I Public Works, as follows: 1. The Board hereby finds that the Project and acquisition of the Properties serves a public purpose, will be of benefit to the health or general welfare of the City, and is in the best interest of the citizens of the City and that acquiring the Properties is necessary in order to properly complete the Project. 2. The Board further finds that the services provided by NNRO to acquire the Properties to facilitate resolution of the condemnation proceedings also serves a REGULAR MEETING JANUARY 24.2012 23 public purpose, will be of benefit to the health or general welfare of the City, and is in the best interest of the citizens of the City. 3. The Board hereby approves payment to NNRO in an amount not to exceed Two Hundred Thousand and 00 /100 Dollars ($200,000.00) as reimbursement for the costs associated with acquisition of the Properties and settlement of the condemnation proceedings. Adopted, contingent upon financing, at the meeting of the City of South Bend, Indiana, Board of Public Works held on January 24, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary A. Gilot, President s/Donald E. Inks, Member s /Kathryn E. Roos, 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/ Second Master Redevelopment Coveleski Stadium SBCDA TIF Inks /Roos Agency Commission Rehabilitation - 2012 Agreement Improvements — Project Addendum No. 112 -007 Addendum Redevelopment Ignition Park South (AEDA TIF) Inks/Roos to the Commission Expansion Area Master Demolitions, Phase 2 - Agency Project No. 112 -005 Agreement Agreement Indiana Electric Meter Upgrade $1,978.00 Inks/Roos Power ( Wastewater Com an /AEP O &M) Agreement Peerless Midwest On Call Electrical $84.00/hour — Inks/Roos Extension Technician — One Year NTE Extension $8,000.00 (Water Works O s) Amendment South Bend Extend Contract Time for N/A Inks /Roos Heritage Civil Rights Center Foundation Renovation through 12/31/12 Professional The Troyer Design of Fire Station No. $11,204.50 Inks /Roos Services Group 9 — Project No. 111 -016 (EMS Addendum Capital) Addendum Chamber of Director of Business $65,0000.00 Inks/Roos IV Commerce of St. Development Salary (Other Joseph County Services/ Grants) Master Redevelopment Hansel Center, Phase II — (TIF /CDBG) TABLED Agency Commission Project No. 111 -064 Inks/Roos Agreement Addendum Agreement Downtown South Promotion and Support for $250,000.00 Inks /Roos Bend, Inc. Businesses and Visitors in (EDIT) Downtown South Bend REGULAR MEETING JANUARY 24, 2012 24 Agreement Verizon Wireless Police Department Laptop $29.99 /month, Inks /Roos Cellular Data Access plus Government QPA Pricing - Regulatory 200 Devices and Fees; NTE Accessories and Service $85,000.00 and Regulatory Fees (Police Department) APPROVAL OF APPLICATIONS FOR RENEWAL OF MASSAGE LICENSES , Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Fire Department, Building Department, and Police Department for the applications for renewal of the following Massage Establishment Licenses: A. Prairie House Massage Therapy, 914 Lincoln Way West B. Top Oriental Massage, 421 Hickory Road C. Hair Crafters, 602 Lincoln Way East Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the License application renewals were approved. APPROVAL OF TRANSIENT MERCHANT LICENSE APPLICATIONS RENEWALS Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Fire Department, Building Department, and Police Department for the renewal of the following Transient Merchant Licenses: Applicant: Maple Hill Golf 1. Location: Century Center — Discovery Ballroom 2. Dates: February 25 and 26, 2012 Applicant: Shipshewana on the Road 1. Location: Century Center ' 2. Dates: February 11 and 12, 2012 Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the applications for renewal of the licenses were approved. EASEMENT — INDIANA MICHIGAN POWER COMPANY In a memorandum to the Board, Ms. Cheryl Greene, asked that the above referenced easement be approved for Indiana Michigan Power Company, P.O. Box 60, Fort Wayne, Indiana 46801, for access to their power line located along the Canadian National Railroad line, within the Potawatomi Zoo. Ms. Greene noted this was originally sent to the South Bend Park Board for approval, but it was discovered the property at this location was not titled to the Park Department, but the City of South Bend through their Board of Works. The Park Board approved the easement, but as owner of the property it needs Board of Works final approval. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above referenced easement was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE ST. PETER STREET FROM LASALLE AVENUE WEST TO FIRST EAST /WEST ALLEY: EAST /WEST ALLEY WEST OF LASALLE AVENUE FROM ST. PETER STREET SOUTH TO THE FIRST NORTH /SOUTH ALLEY: THE FIRST NORTH /SOUTH ALLEY NORTH OF ST. LOUIS BOULEVARD AND WEST OF LASALLE AVENUE TO THE EAST /WEST ALLEY ' Mr. Gilot indicated that Danch Hamer & Associates, Inc., 1643 Commerce Drive, South Bend, Indiana 46628, on behalf of St. Joseph High School, has submitted a request to vacate the above referenced street and alleys. Mr. Gilot advised the Board is in receipt of a favorable recommendation concerning this Vacation Petition from Engineering, and Engineering stated that all utilities are cleared and there are no other property owners adjacent to the locations. Therefore, Mr. Inks made a motion that the Clerk send a letter to the petitioner recommending approval of the request for vacation. Ms. Roos seconded the motion which carried. REGULAR MEETING JANUARY 24.2012 25 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following traffic control devices were approved: NEW INSTALLATIONS Description: Handicapped Accessible Parking Space Signs Locations: 602 South Albert Street 919 East Calvert Street Remarks: All criteria has been met Description: No Parking "Do Not Block Entrance" Location: North/South Alley between Niles and Hill and Colfax and LaSalle Remarks: No Parking Sign Entire Length of Alley; Do Not Block Entrance by Odyssian; All criteria has been met Description: No Parking School Days 7:00 a.m. to 4:00 p.m. Location: Hamilton Street around Marquette School Remarks: All criteria has been met REMOVAL Description: No parking 6:00 a.m. to 6:00 p.m. Remarks: Signs faded; no longer needed REVISIONS Description: Two -Way Stop to a Four -Way Stop Location: High Street and Donmoyer Street Intersection Remarks: Accident Rate High; Three Schools within Two Blocks Description: Loading Zone to 15- Minute Loading Zone Location: 1100 Block of Angela Boulevard Remarks: All criteria has been met Mr. Gilot noted that the request for a revision to a four -way stop sign at High Street and Donmoyer Street was brought to Mayor Buttigieg's attention by a student as a safety issue. He suggested when the signs are installed it would be nice to have the student and Mayor present for an unveiling. FILING OF MONTHLY REPORT OF OPERATIONS — DEPARTMENT OF PUBLIC WORKS The Division of Environmental Services submitted their Monthly Report of Operations for the month of December 2011. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the monthly report was accepted for filing. APPROVE IRREVOCABLE LETTER OF CREDIT REVISION Mr. Tony Molnar, Division of Engineering, submitted the following Irrevocable Letter of Credit revision to the Board and recommended approval: IRREVOCABLE LETTER OF CREDIT NO • 2544726682 ISSUED BY: MutualBank FOR: Cleveland Woods Development Co., LLC — Fernwood Phase Three AMOUNT: $61,870.00 EXPIRES: New Expiration Date January 31, 2013 IMPROVEMENT: Sanitary Sewer and Municipal Water Mr. Inks made a motion that the Letter of Credit, as outlined above, be approved. Ms. Roos seconded the motion, which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificates of Insurance for the following businesses were accepted for filing: REGULAR MEETING Dynamic Mechanical Services — Mishawaka, Indiana Gullett Sanitation Services — Bethel, Ohio JANUARY 24, 2012 26 RATIFY RELEASE OF CONTRACTOR BOND Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor Bond be released as follows: Moore's Concrete — For Release January 24, 2012 Mr. Gilot noted on the agenda it stated For Release January 24, 2011, but it should be 2012. Therefore, Mr. Gilot made a motion that the Bond's release as amended above be ratified. Ms. Roos 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 $2,768,343.54 01/18/2012 City of South Bend $3,022,526.19 01/24/2012 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Roos seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Miller questioned the award of the Sewer Line to two companies. Mr. Gilot stated the bid specifications were written to allow for a divisible bid. He noted it is a two part project involving both pipe lining and manhole lining. He added it would be difficult to find one company proficient in both tasks. 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 10:25 a.m. BOARD OF PUBLIC WORKS ATTEST: i da M. Martin, lerk