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05/15/12 Board of Public Works Minutes
AGENDA REVIEW SESSION MAY 10, 2012 156 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, May 10, 2012, by Board Member Donald E. Inks, with Board Member Kathryn E. Roos present. Board President Gary Gilot was absent. Also present was 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. ADOPT RESOLUTION NO. 25- 2012 --- A RESOLUTION OF THE BOARD OF WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO THE STREET SEWER AND WASTEWATER DEPARTMENTS' EQUIPMENT Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION 25 -2012 A RESOLUTION OF THE BOARD OF WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE - PURCHASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC, AS LESSOR, AND SEPARATE LEASE SCHEDULES THERETO AND ESCROW AGREEMENT FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT WITHIN THE TERMS HEREIN PROVIDED; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS REQUIRED IN CONNECTION THEREWITH; AND AUTHORIZING ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION WHEREAS, the City of South Bend (the "Lessee "), a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of Indiana is authorized by the laws of the State of Indiana to purchase, acquire and lease certain equipment and other property for the benefit of the Lessee and its inhabitants and to enter into contracts with respect thereto; and WHEREAS, the Lessee, Board of Public Works (the `Board ") is the contracting body for the City of South Bend, Indiana (the "City ") pursuant to Indiana Code § 36 -9-6 and the Board has determined that a true and very real need exists for the acquisition, purchase and financing of certain property consisting of public works equipment (collectively, the "Equipment ") on the terms herein provided; and WHEREAS, in order to acquire such Equipment, the Lessee proposes to enter into that certain Master Equipment Lease - Purchase Agreement (the "Master Lease ") with PNC Equipment Finance, LLC, as lessor (the "Lessor"), substantially in the proposed form presented to the Board at this meeting, and separate Lease Schedules thereto substantially in the form attached to the Master Lease and a separate Escrow Agreement substantially in the proposed form presented to the Board at this meeting; and WHEREAS, the Board deems it for the benefit of the Lessee and the efficient and effective administration thereof to enter into the Master Lease and the separate Lease Schedules relating thereto from time to time as provided in the Master Lease and an Escrow Agreement for the purchase, acquisition, financing and leasing of the Equipment to be therein more specifically described on the terms and conditions provided therein and herein; NOW, THEREFORE, BE IT AND IT IS HERBY RESOLVED BY THE GOVERNING BODY OF THE LESSEE AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Master Lease (including the form of Lease Schedule, Payment Schedule and Escrow Agreement attached thereto), in the form presented to this meeting, are in the best interests of the Lessee for the acquisition, purchase, financing and leasing of the Equipment. Section 2. The form, terms and provisions of the Master Lease (including the form of Lease Schedule, Payment Schedule and Escrow Agreement attached thereto) are hereby approved in the forms presented at this meeting, with such insertions, omissions and changes as shall be approved by the City Controller or his designee of the Lessee (the "Authorized AGENDA REVIEW SESSION MAY 10, 2012 157 Officers") executing the same, the execution of such documents being conclusive evidence of such approval. The Authorized Officers of the Lessee are each hereby authorized and directed to sign and deliver the Master Lease, each Lease Schedule thereto, each Payment Schedule relating thereto, each Escrow Agreement relating thereto and any related exhibits attached thereto if and when required; provided, however; that, without further authorization from the governing body of the Lessee, (a) the aggregate principal component of Rent Payments under all Leases entered into pursuant to the Master Lease shall not exceed $945,674.38; (b) the maximum term under any Lease entered into pursuant to the Master Lease shall not exceed Five (5) years; and (c) the maximum interest rate used to determine the interest component of Rent Payments under each Lease shall not exceed the lesser of the maximum rate permitted by law. The Authorized Officers may sign and deliver Leases to the Lessor on behalf of the Lessee pursuant to the Master Lease on such terms and conditions as they shall determine are in the best interests of the Lessee up to the maximum aggregate principal component, maximum term and maximum interest rate provided above. The foregoing authorization shall remain in effect for a period of two years from the date hereof during which the Authorized Officers are authorized to sign and deliver Leases pursuant to the Master Lease and related Escrow Agreements on the terms and conditions herein provided and to be provided in each such Lease. Section 3. The Authorized Officers and other officers and employees of the Lessee shall take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated by the Master Lease and each Lease Schedule (including, but not limited to, the execution and delivery of the certificates contemplated therein, including appropriate arbitrage certifications) and to take all action necessary in conformity therewith, including, without limitation, the execution and delivery of any closing and other documents required to be delivered in connection with the Master Lease, each Lease Schedule and each Escrow Agreement. Section 4. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section S. Effective Date. This Resolution shall be effective immediately upon its approval and adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on May 10, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Donald E. Inks S/ Kathryn E. Roos ATTEST: s /Linda M. Martin, Clerk TABLE HOLD HARMLESS LETTER — INDOT AND MICHAEL C. FOX Chief Stephen Cox, Fire Department, submitted a request for the Board's approval of a Hold Harmless Letter for INDOT and Michael C. Fox, releasing them of liability for the Fire Department to hold live fire practice at forty -five (45) vacant properties in the Triangle Neighborhood. Mr. Toy Villa, Engineering, stated he met with INDOT in the morning and they have released possession of all of the properties so this should not be approved. Therefore, Mr. Inks made a motion that the Hold Harmless Letter be tabled. Ms. Roos seconded the motion, which carried. APPROVE USE AND OCCUPANCY LICENSE AGREEMENT — POLICE DEPARTMENT TO LEASE PROPERTY AT 119 SOUTH MICHIGAN STREET FOR A DOWNTOWN SUB- STATION REDEVELOPMENT COMMISSION POLICE DEPT. In a memorandum to the Board, the Redevelopment Commission stated the above occupancy license agreement was for the rental of space at 119 South Michigan Street for the Police Department substation. The cost is $895.49 per month for a total $10,745.88 per year, plus AGENDA REVIEW SESSION MAY 10 2012 158 utilities. Therefore, Ms. Roos made a motion that the Use and Occupancy License Agreement be approved. Mr. Inks seconded the motion, which carried. APPROVE AMENDMENT TO PROFESSIONAL SERVICES PROPOSAL --- TRIANGLE DEVELOPMENT FORMERLY EDDY KNOLLS DEVELOPMENT — PROJECT NO. 109- 009 — DANCH HARNER & ASSOCIATES INC. EDIT In a memorandum to the Board, Mr. Bill Schalliol, Community and Economic Development, stated the above Amendment to Professional Services Proposal with Danch Hamer, Inc., in the amount of $9,500.00 is for additional work required to be performed as part of the closeout of the Triangle Development. Mr. Inks made a motion the Amendment be approved. Ms. Roos seconded the motion, which carried. Board members discussed the following item(s) from the agenda. - Request to Advertise — Ireland Road Water Tank Painting Mr. Dave Tungate, Water Works, stated this request is for painting the Ireland Road water tank. He noted the logo will be changed but he is working with the Mayor's office on which logo to use. Ms. Roos asked if the specifications included logo options. Mr. Tungate stated they do. - Request to Advertise — Nimtz Parkway Multi -Use Path Mr. Bill Schalliol, Community and Economic Development, stated this project is not ready to be advertised yet but he would like the Board to sign the Title Sheet and approve the request to advertise so it is ready to go. Ms. Roos stated the project is not a high priority at this point in time. Ms. Greene asked if all of the property has been acquired for the path. Mr. Schalliol stated the City has 100% ownership of this portion of the project. - Professional Services Contract -- Wastewater Treatment Plant and Lift Stations Arc Flash Hazard Assessment Study Mr. Jacob Klosinski, Wastewater, stated this study is to keep Wastewater up to date on OSHA regulations regarding personal protection. - Request to Advertise — Compressed Natural Gas Fueling Facility Mr. Jonathon Burke, Energy Office, stated the purpose of this request is to get an idea of the cost to build a natural gas facility at Environmental Service's, to determine whether to purchase natural gas vehicles or hybrid vehicles. Mr. Inks questioned if they could use the methane produced at the plant. Mr. Burke stated they already are using a lot of it and there is a process it has to go through to be cleaned before it is used. He noted the cost to clean the methane is about $1,000,000.00. Mr. Inks noted they are looking to purchase four (4) vehicles now, and asked if there would be more in the future. Mr. Burke stated eventually there will be eight (8). Ms. Roos stated she would like to see a cost comparison of savings on four (4) vehicles versus cost of constructing a fueling facility. Mr. Inks questioned if there are other entities that could use the facility, or have shown an interest in one. Mr. Burke stated that TRANSPO expressed an interest. Ms. Greene noted this advertisement was just to get an idea on the cost to build the facility, is there not another one already in operation to get a cost comparison basis from. Mr. Burke stated he has looked at a couple of other stations but they were significantly larger and couldn't be used for a comparison. Ms. Roos stated she would like to pull this from the agenda and requested Mr. Burke put together a memo and cost comparison with four (4) and eight (8) vehicles, and provide a source of funding. Mr. Inks added it needs to justify the request and show where the City would break even. - Request to Advertise — Natural Gas Supply for City of South Bend Owned Facilities Mr. Jonathon Burke, Energy Office, stated this request is to go out for bids for a choice provider of energy. He noted NIPSCO is the transmitter of natural gas, but there are numerous providers to purchase it from. Mr. Phil Custard, Purchasing, added that the State Board of Accounts has been informed and is on board with this project. - Professional Services Agreement -- Hydroelectric Unit Intake Remediation Mr. Jonathon Burke, Energy Office, stated it was brought to his attention that the intake filter on the fish ladder at the East Race needs to be cleaned almost twice a day. He noted that when the hydroelectric pump is installed, it will quadruple the water intake. This agreement is to look at the redesign of the filter to better handle the increased load. - Award Quotation — Traffic Paint 2012 Mr. Michael Mecham, Engineering, stated out of three quotes received, only one was responsive to the specifications regarding millage and drying time. He noted the paint needs to be a specific depth to hold out during the winter, and it needs to dry fast so as not to damage vehicles. Mr. Mecham stated the responsive vendor was the most AGENDA REVIEW SESSION MAY 10, 2012 159 expensive. Ms. Greene stated she reviewed the specifications and found where the drying time was addressed but she was not sure if the required depth of the paint was in the specifications. Mr. Mecham stated that information was also given in the specs. Ms. Greene stated she had no problem with awarding this quote as requested as long as there was a detailed memo explaining why the other two respondents were non - responsive and that information could also be found in the quotes received. Mr. Inks stated he was concerned that two out of three were non - responsive and wondered if the specs were not written clearly. Mr. Mecham noted they were done before he started with the City and he would be redoing them next year. Notice of Public Hearing as to Proposed Lease of Office Space Ms. Greene stated this Hearing is to allow the Public to speak about the possibility of leasing of property for the Human Rights Commission. She stated the process begins with a petition signed by fifty (50) taxpayers. She noted they must be owners of City property and the signatures must be confirmed by the Auditor's office as property owners; then it comes to the Board of Works for a hearing; and then goes to the Common Council. Ms. Greene stated the Hearing allows taxpayer's to speak for or against the use of tax dollars, and determine if it is a fair trade value. Ms. Greene noted if the petition is not received by Tuesday's Board of Work's meeting, the request will need to be tabled. Encroachment/Revocable Permit — Made in Michiana The Board members discussed the request for placing three (3) A -frame signs on the public right -of -way for Made in Michiana. It was noted the business is behind another business and not visible from Michigan Street. Ms. Greene made note of the Building Department's comments that this will be precedent setting and should be denied. The Board member's agreed that this could open the door to any business placing signs on the sidewalks anywhere downtown to advertise their business. Ms. Roos suggested she could work with Downtown South Bend and the owners of Made in Michiana to find a better solution for low visibility of the business. She asked that this be removed from the agenda until other options can be discussed. 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. Upon a motion by Mr. Inks, seconded by Ms. Roos and carried, the meeting adjourned at 11:30 a.m. BOARD OF PUBLIC WORKS h Gary A. Gilot, President Donald . I s, Member Ka hryn E. R os, Member ATTEST: 12 a� Xinda M. Martin; Clerk, r, REGULAR MEETING MAY 15, 2012 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, May 15, 2012, by Board President Gary A. Gilot with Board Member Donald E. Inks present. Also present was Attorney Larry Meteiver. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition to the agenda of Resolution No. 27 -2012 and an Award of a Proposal for the Diversity Utilization Officer. REGULAR MEETING MAY 15, 2012 160 APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the minutes of the Agenda Review on April 19, 2012, the Regular Meeting on April 24, 2012 and the Claims Review on May 8, 2012, were approved. OPENING OF BIDS — MEMORIAL HOSPITAL FA ADE IMPROVEMENTS — PROJECT NO. 112-018 MEDICAL 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: MAJORITY BUILDERS 62900 US 31 South South Bend, Indiana 46614 Bid was signed by: Mr. Rick Slagle 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 Five percent (5 %) Bid Bond was submitted 1. P Item No. Description Total 1. 2. 3. Base Bid Alternate A — Per Sheet TO -002 Alternate B — Per Sheet TO -002 $763,490.00 $52,600.00 $62,940.00 4. Alternate C — Per Sheet TO -002 $50,460.QO 5. Alternate D — Per Sheet TO -002 $43,221.00 6. Alternate E — Per Sheet TO -002 $52,210.00 7. 8. 9. Alternate F — Per Sheet TO -002 Alternate — Replace Heat Pum s Alternate — Exterior LED Lights on Bridge $40,590.00 $18,290.00 $55,410.00 10. Alternate — Paint Entire West Elevation $18,970.00 LARSON- DANIELSON CONSTRUCTION CO. 302 Tyler Street LaPorte, Indiana 46305 Bid was signed by: Mr. Timothy Larson 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 Five percent (5 %) Bid Bond was submitted C 1 Item No. Description Total 1. Base Bid $812,447.00 2. Alternate A — Per Sheet TO -002 $70,030.00 31 Alternate B — Per Sheet TO -002 $76,782.00 4. Alternate C — Per Sheet TO -002 $71,732 00 5. Alternate D — Per Sheet TO -002 $62,681.00 6. Alternate E — Per Sheet TO -002 $49,837.00 7. Alternate F —Per Sheet TO -002 $40,088.00 8. Alternate — Replace Heat Pumps $15,925.00 9. Alternate — Exterior LED Lights on Bridge $45,029.00 10. Alternate — Paint Entire West Elevation $23,533.00 CASTEEL CONSTRUCTION CORP. 23186 West Ireland Road South Bend, Indiana 46614 Bid was signed by: Mr. R.V. Casteel REGULAR MEETING MAY 15 2012 161 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 Five percent (5 %) Bid Bond was submitted :1 Item No. Description Total 1. Base Bid $809,000.00 1 Alternate A — Per Sheet TO -002 $76,600.00 3. Alternate B — Per Sheet TO -002 $74,500.00 4. Alternate C --- Per Sheet TO -002 $68,800.00 5. Alternate D — Per Sheet TO -002 $56,800.00 6. Alternate E — Per Sheet TO -002 $61,000.00 7. Alternate F -T- Per Sheet TO -002 $52,200.00 8. Alternate — Replace Heat Pumps $17,200.00 9. Alternate — Exterior LED Lights on Bridge $43,300.00 10. Alternate — Paint Entire West Elevation $13,000,00 ZIOLKOWSKI.CONSTRUCTION, INC. 4050 Ralph Jones Drive South Bend, Indiana 46628 Bid was signed by: Mr. Bill Favors 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 Five percent (5 %) Bid Bond was submitted Item No. Description Total 1. Base Bid $775,000.00 2. Alternate A — Per Sheet TO -002 $78,400.00 3. Alternate B — Per Sheet TO -002 $74,500.00 4. Alternate C —Per Sheet TO -002 $60,800.00 5. Alternate D — Per Sheet TO -002 $55,300.00 6. Alternate E -- Per Sheet TO -002 $59,000.00 7• Alternate F — Per Sheet TO -002 $51,000.00 8• Alternate — Replace Heat Pumps $15,500.00 9. Alternate — Exterior LED Lights on Bridge $42,500.00 10. Alternate — Paint Entire West Elevation $23,900.00 GIBSON -LEWIS LLC 1001 West I It,, Street Mishawaka, Indiana 46544 Bid was signed by: Mr. Robert Lingenfelter 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 Five percent (5 %) Bid Bond was submitted ME Item No. Description Total 1. Base Bid $945,000.00 2. Alternate A — Per Sheet TO -002 $133,000.00 3. Alternate B — Per Sheet TO -002 $152,000.00 4• Alternate C — Per Sheet TO -002 $141,000.00 5• Alternate D — Per Sheet TO -002 $107,000.00 6. Alternate E — Per Sheet TO -002 $71,000.00 7. Alternate F — Per Sheet TO- 002 $67,000.00 8• Alternate — Replace Heat Pumps $16,000.00 9. Alternate — Exterior LED Lights on Bridge $43,500.00 10. Alternate — Paint Entire West Elevation $23,000.00 REGULAR MEETING MAY I S 2012 162 HOLLADAY CONSTRUCTION GROUP 227 South Main Street, Suite 200 South Bend, Indiana 46601 Bid was signed by: Mr. Steve Staszewski 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 Five percent (5 %) Bid Bond was submitted [: r Item No. Description Total 1. Base Bid $679,811.00 2. Alternate A — Per Sheet TO -002 $60,971.00 3. Alternate B — Per Sheet TO -002 $55,764.00 4. Alternate C —Per Sheet TO -002 $52,474.00 5. Alternate D -- Per Sheet TO -002 $51,905.00 6. Alternate E — Per Sheet TO -002 $58,254.00 7. Alternate F --- Per Sheet TO -002 $47,696.00 8. Alternate — Replace Heat Pum s $16,897.00 9. Al�Alte n iights on Bridge $40,995.00 10. Elevation $18,147.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Community and Economic Development and Memorial Hospital representatives for review and recommendation. OPENING OF BIDS — PURCHASE OF CRAH EQUIPMENT FOR LOT 4 OF IGNITION PARK —PROJECT NO. 112 -026 (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: THERMOSYSTEMS, INC. 960 Industrial Drive, Unit 1� Elmhurst, Illinois 60126 Bid was signed by: Mr. Paul Pasternock 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 Ten percent (10 %) Bid Bond was submitted la 11 Item No. Qty. Item Manufacturer Unit Price Total Price 1 6 40 Ton CRAH Units Data Aire $48,000.00 $288,000.00 2 4 10 Ton CRAH Units Data Aire $27,000.00 $108,000.00 3 4 3 Ton CRAH Units Data Aire $15,000.00 $60,000.00 1 Alternate 1 Data Aire NIA $70,000.00 I Alternate 2 No Bid No Bid 1 Alternate 3 Data Aire NIA $35,000.00 1 Alternate 4 Data Aire NIA $80,000.00 VALIDATED CUSTOM SOLUTIONS 6128 North College Avenue Indianapolis, Indiana 46220 REGULAR MEETING MAY 15, 2012 163 Bid was signed by: Mr. J.P. Heisserer 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 Ten Percent (10 %) Bid Bond was submitted no Item to Qt'' Item Manufacturer Unit Price Total Price 1 6 40 Ton CRAH Units Stulz $38,444.00 $230,664.00 2 4 10 Ton CRAH Units Stulz $19,096.00 $76,384.00 3 4 3 Ton CRAH Units Stulz $13,330.00 $53,320.00 1 Alternate 1 StuIz $4,320.00 $33,506.00 1 Alternate 2 Stulz NIA NIA 1 Alternate 3 Stulz $2,160.00 $16,753.00 1 Alternate 4 Stulz $10,860.00 $52,440.00 ZONATHERM PRODUCTS INC. c/o Liebert Corporation 251 Holbrook Drive Wheeling, Illinois 60090 Bid was signed by: Mr. Joseph Maggio 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 Ten percent (10 %) Bid Bond was submitted Item to Qty. Item Manufacturer Unit Price Total Price 1 6 40 Ton CRAH Units Liebert $38,792.00 $228,438.00 2 4 10 Ton CRAH Units Liebert $22,920.00 $87,024.00 3 4 3 Ton CRAH Units Liebert $12,642.00 $47,138.00 1 Alternate I Liebert $4,320.00 $60,480.00 1 Alternate 2 Liebert $11,145.00 $156,000.00 1 Alternate 3 Liebert $2,160.00 $30,240.00 1 Alternate 4 Liebert $10,860.00 $152,000.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Community and Economic Development, and Data Realty representatives for review and recommendation. OPENING OF BIDS --- ONE 1 OR MORE 2012 OR NEWER EMERGENCY MEDICAL VEHICLE 2012 FIRE DEPARTMENT CAPITAL LEASE) 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: MCCOY MILLER 25161 Leer Drive Elkhart, Indiana 46514 Bid was signed by: Mr. Wade Robinson REGULAR MEETING MAY 15 2012 164 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 Indiana Local Business Preference Claim was Submitted Ten. percent (10 %) Bid Bond was submitted BID; $197,130.00: Emergency Medical Vehicle, McCoy Miller CROSSROADS AMBULANCE SALES & SERVICE LLC 21912 Protecta Drive Elkhart, Indiana 46516 Bid was signed by: Mr. Dean Martin 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 Indiana Local Business Preference Claim was Submitted Ten percent (10 %) Bid Bond was submitted BID: $206,299.00: 2013 Freightliner MS/Medtec M170, Medtec MARQUE AMBULANCE 25161 Leer Drive Elkhart, Indiana 46516 Bid was signed by: Mr. Wade Robinson 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 Indiana Local Business Preference Claim was Submitted Ten percent (10 %) Bid Bond was submitted BID: $202,165.00: Emergency Medical Vehicle, Marque Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to the Fire Department and Equipment Services for review and recommendation. OPENING OF BIDS — ONE 1 OR MORE 2012 OR NEWER JET RODDER/VACUUM MACHINE WITH CAB AND _CHASSIS (2012,WASTEWATER CAPITAL) 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: NORTH_E_ RN EQUIPMENT COMPANY INC. 16465 West ...... Lincoln Highway Plymouth, Indiana 46563 Bid was signed by: Mr. John Carlton 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 Indiana Local Business Preference Claim was Submitted Ten percent (10 %) Bid Bond was submitted :m Est. Qty. Item Manufacturer Unit Price 1 Rodder /Vacuum Machine Super Products $314,959.00 Option# Description Cost Total 1 Surge valves for debris body N/A on this model 2 65 lb. class hydraulic break with 25' of hose $1,850.00 $1,850.00 REGULAR MEETING MAY 15 2012 165 3 Front mounted traffic cone holder to be $537.00 $537.00 QtY. included w/6 -28" cones Manufacturer Unit Price 1 Additional 12" W x 18" L x 8" H tool box $470.00 $470.00 4 on the passenger side of the unit will be Vactor $334,890.00 Option# included. Cost Total JACK DOHENY SUPPLIES, INC. 4937A Fieldstone Drive Whitestown, Indiana 46075 Bid was signed by: Mr. Mike Renner 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 Ten percent (10 %) Bid Bond was submitted me Est. QtY. Item Manufacturer Unit Price 1 Vactor 2105 I Combination Jet Rodder /Vacuum Vactor $334,890.00 Option# Description Cost Total 1 Surge valves for debris body NIA NIA 2 65 lb. class hydraulic break with 25' of hose $2,796.00 $337,686.00 3 Front mounted traffic cone holder to be $150.00 $337,836.00 included. 3 Additional 12" W x 18" L x 8" H tool box $1,826.00 $339,662.00 4 on the passenger side of the unit will be included. $340.00 $340.00 BEST EQUIPMENT COMPANY INC. 5550 Poindexter Drive Indianapolis, Indiana 46235 Bid was signed by: Ms. Maria Dahlmann 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 Ten percent (10 %) Bid Bond was submitted on Est. Qty, Item Manufacturer Unit Price One or more, 2012 or Newer, I Combination Jet Rodder /Vacuum Yac- Machine with cab & chassis Con/Freightliner $293,958.00 Option# Description Cost Total I Surge valves for debris body 2 65 lb. class hydraulic break with 25' of $2,650.00 $2,650.00 hose 3 Front mounted traffic cone holder to be Included included. Additional 12" W x 18" L x 8" H tool $340.00 $340.00 4 box on the passenger side of the unit N611 be included. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Equipment Services and Sewers for review and recommendation. REGULAR MEETING MAY 15, 2012 166 OPENING OF BIDS — TWO (2)-,. MORE OR LESS 2012 OR NEWER COMPACT FOUR DOOR SEDAN AUTOMOBILES (2012 BUILDING DEPARTMENT CAPITAL) 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: GATES AUTOMOTIVE GROUP 636 West McKinley Mishawaka, Indiana 46545 Bid was signed by: Mr. Dave Ridenour 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 Indiana Local Business Preference Claim was Submitted Ten percent (10 %) Bid Bond was submitted C1 Item Est. UNIT UNIT PRICE I N ©. Qty. Item Manufacturer Unit Price Total 1 2 2012 Chevrolet Cruze $16,941.50 $33,883.00 Opt # Total Description Unit Price Total 1 2 4 Corner Strobe Light System NIA Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to the Building Department and Equipment Services for review and recommendation. OPENING AND AWARD OF—QUOTATIONS — COLD MILLING FOR 2012 PAVING SEASON -PROJECT NO, 112 -028 MVH Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: J.L. MILLING INC. - AWARDEE 15262 Industrial Drive Schoolcraft, Michigan 49087 Quotation was submitted by Ms. Linda Schuring 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 QUOTATION: ITEM NO. DESCRIPTION UNIT UNIT PRICE I Cold Milling Asphalt — 0" to 3" SYD $ .81 2 Cold Milling Asphalt — 3" and Above SYD $ .98 3 Cold Milling Concrete — 0 -3" SYD $1.81 Total L & L CONSTRUCTION 4195 Willoughby Road Holt, Michigan 48842 Quotation was submitted by Mr. Kenneth S. Bachman 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 Not Submitted QUOTATION: REGULAR MEETING MAY 15, 2012 167 ITEM NO. DESCRIPTION UNIT UNIT PRICE 1 Cold Milling Asphalt — 0" to 3" SYD $ .94 2 Cold Milling Asphalt — 3" and Above SYD $1.06 3 Cold Milling Concrete — 0 -3" SYD $2.09 Total 1 NIA $56,800.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above Quotations were referred to Street Department and Engineering for review and recommendation. After review of the quotations, Mr. Toy Villa, Engineering, recommended the quote be awarded to the lowest responsive and responsible quoter, J.L. Milling, Inc. Therefore, Mr. Inks made a motion that the award of the quote go to J.L. Milling, Inc. in unit prices not to exceed $75,000.00. Mr. Gilot seconded the motion, which carried. OPENING OF QUOTATIONS — FIRE STATION NO 5 ROOF REPLACEMENT --- PROJECT NO. 112-032 (FIRE DEPT. CAPITAL} Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: DUDECK ROOFING AND SHEET METAL INC. 1634 South Franklin Street South Bend, Indiana 46613 Quotation was submitted by Mr. Stanley T. Peak 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 Indiana Local Business Preference Claim was Submitted Five Percent (5 %) Bid Bond was Submitted QUOTATION: Not Totaled ITEM UNIT TOTAL NO. DESCRIPTION QTY UNIT PRICE AMOUNT 1 Single Prime Contract 1 1 NIA $56,800.00 $49,218.00 2 Per Per Square 2 Square Foot 1 0 0 Unit Price for West Insulation Foot 1 N/A Alternate Add: All New Residential Residential Size gutters to match I 1 3 Size gutters to match Existing in Deduct Color 1 1 NIA ($525.00) Total Amount of Quote (Items 1 through 3 ) Not Totaled SLATILE ROOFING & SHEET METAL COMPANY INC. 1703 South Ironwood Drive South Bend, Indiana 46613 Quotation was submitted by Mr. Gerald Longerot 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 Indiana Local Business Preference Claim was Submitted Five Percent (5 %) Bid Bond was Submitted QUOTATION: $49,418.00 ITEM UNIT TOTAL NO. DESCRIPTION QTY UNIT PRICE AMOUNT 1 Single Prime Contract I 1 N/A $49,218.00 2 Per Square Unit Price for West Insulation Foot 1 0 0 3 Alternate Add: All New Residential Size gutters to match I 1 N/A $200.00 REGULAR MEETING MAY 15, 2012 168 Existing in Color Total Amount of Quote (Items 1 through 3) $49,418.00 LAWMASTERS INC. 1407 West Hively Avenue Elkhart, Indiana 46517 Quotation was submitted by Mr. Lee E. Anglin 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 Indiana Local Business Preference Claim was Submitted Five Percent (5 %) Bid Bond was Submitted QUOTATION. $55.923.00 ITEM UNIT TOTAL NO. DESCRIPTION QTY UNIT PRICE AMOUNT 1 Single Prime Contract I I NIA $53,413.00 2 Per Square Unit Price for West Insulation Foot 1 $1,15 Alternate Add. All New Residential 3 Size gutters to match Existing in Color I 1 N/A $2,510.00 Total Amount of Quote Items 1 through 3) $55,923.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above Quotations were referred to the Fire Department and the Energy Office for review and recommendation. AWARD BID — TWO (2), PRE -OWNED 2011 OR NEWER MID -SIZE FOUR -DOOR SEDAN AUTOMOBILES WITH STANDARD AND HYBRID DRIVE TRAINS 2012 FIRE DEPT. CAPITAL LEASE) Mr. Jeffrey Hudak, Central Services, advised the Board that on April 25, 2012, bids were received and opened for the above referenced vehicles. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Gates Automotive, 636 West McKinley, Mishawaka, Indiana 46545, in the amount of $15,950.00 each for a total of $31,900 for two. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT— 2012 ROAD REPAIR FOR WATER WORKS MAIN EXTENSIONS - PROJECT NO 1,12 -015 (20 12 REVENUE BOND) Mr. Ed Herman, Water Works, advised the Board that on April 10, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Herman recommended that the Board award the contract to the lowest responsive and responsible bidder Walsh and Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, in the amount of $747,250.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded subject to financing, and the Construction Contract approved as outlined above. Mr. Gilot seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT— OLIVE STREET PUMPING STATION DOWNSPOUT RENOVATION — PROJECT NO. 112 -019 (2009 REVENUE BOND), Mr. Dave Tungate, Water Works, advised the Board that on April 24, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Tungate recommended that the Board award the contract to the lowest responsive and responsible bidder The Robert Henry Corporation, 404 S. Frances Street, South Bend, Indiana 46617, in the amount of $44,000.00, which is the Base Bid in the amount of $28,000.00, plus Alternate No. I in the amount of $23,000, and minus Alternate No. 3 in the amount of $7,000.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Gilot seconded the motion, which carried. REGULAR MEETING MAY 15, 2012 169 APPROVAL OF RE !EST TO REJECT BIDS - 2012 OR NEWER TWO -WHEEL DRIVE SUV POLICE PATROL VEHICLE AND 2011 OR NEWER ALL -WHEEL DRIVE POLICE PATROL VEHICLES In a memorandum to the Board, Mr. Jeffrey Hudak, Central Services, requested permission to reject all bids for the above referenced vehicles. Mr. Hudak stated the award for each was replaced by the bid for all -wheel drive SUV Police patrol vehicles instead. Therefore, upon a motion made by Mr. Inks, seconded by Mr. GiIot and carried, the above request to reject all bids for both vehicles was approved. AWARD QUOTATION AND APPROVE CONTRACT — TRAFFIC PAINT 2012 Mr. Richard Grundtner, Engineering, advised the Board that on April 24, 2012, quotations were received and opened for the above referenced material. After reviewing those quotations, Mr. Grundtner recommended the Board award the quote to the lowest responsible and responsive bidder, The Sherwin Williams Company, 1001 Nebula Rd., Manchester, Georgia 31816, in unit prices of $11.82 for Item No. 1, $11.02 for Item No. 2, and $16.24 for Item No. 3. Mr. Meteiver noted the highest bidder, Sealmaster, was the only one that submitted a quote for paint that met the millage and drying time, but due to that information not being apparent from the quotes submitted, the conclusion was made to award to the low bidder and redo the quote form for next year to address drying time and millage. Therefore, Mr. Inks made a motion that the recommendation be accepted and the quotation be awarded as outlined above and the contract approved. Mr. Gilot seconded the motion, which carried. AWARD PROPOSAL -- DIVERSITY COMPLIANCE OFFICER Mr. Gilot advised the Board that on April 10, 2012, proposals were received and opened for the above referenced professional service. A team made up of City, Common Council, and Diversity Utilization Board members reviewed the proposals and scored them based on a 100 point matrix system. Two firms submitted the highest scoring proposals and were interviewed further by the review board. After reviewing those quotations, the Board recommended the award of the contract to the highest scoring firm, Trinal, Inc. He noted the total cost for Trinal's proposal for 2012 is $67,500.00. Mr. Gilot stated the recommendation went before the Common Council in the form of a resolution last night and was overwhelmingly approved. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the proposal be awarded to Trinal, Inc. subject to the Council doing a contract confirming their resolution and Legal preparing a Professional Services Agreement. Mr. Inks seconded the motion, which carried. APPROVE BOARD TO HOLD BIDS FOR EAST RACE WATERWAY DOCK EXTENSION Linda Martin, Clerk of the Board, stated she was in receipt of one sealed bid from the Robert Henry Corporation turned in this morning for the East Race Waterway Dock Extension. She noted it was not on the agenda and she was not informed that quotes or bids would be opening today. Mr. Gilot stated this project is on the threshold between a quote and a bid and should be opened by the Board. He recommended the sealed quote be held until the next meeting for determination of when the quotes are due and what the specifications require. Mr. Inks affirmed the recommendation. APPROVE CHANGE ORDER NO. I — DIAMOND AVENUE TRUNK SEWER PHASE 2 — PROJECT NO. 109 -033B 2011 SEWER BOND Mr. Toy Villa, Engineering, submitted Change Order No. 1 on behalf of HRP Construction, PO Box 266, South Bend, Indiana 46624, indicating the contract amount be increased by $14,729.00 for a modified contract sum, including this Change Order, in the amount of $3,536,754.00. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVE CHANGE ORDER NOS. 1 2 3 AND 4 — NORTHSIDE TRAIL EXTENSION — PROJECT NO. 110 -001 CMA /FHWA Ms. Thia Vawter, Engineering, submitted Change Order Nos. 1, 2, 3 and 4 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating the contract amount be increased as follows: Change Order No Increase Amount Percent New Contract Amount 1 $21,520.00 1.397% $1,562,470.72 2 $24,600.00 1.574% $1,587,070.72 3 $4,400.00 0.277')/,::::J::::_$ 1,591,470.72 REGULAR MEETING MAY 15, 2012 170 4 52,497.20 0.157% $1,593,967.92 Total $53,017.20 3.41% The total of all Change Orders increases the contract amount for a total of $53,017.20 for a modified contract sum, including these Change Orders, in the amount of $1,593,967.92. Upon a motion made by Mr. Inks, seconded by Mr, GiIot and carried, the Change Orders were approved. APPROVE CHANGE ORDER NO. 2 — CENTURY CENTER PAVILION — PROJECT NO. 111 -067 SBCDA TIF Mr. Toy Villa, Engineering, submitted Change Order No. 2 on behalf of Casteel Construction Corp., 23186 West Ireland Road, South Bend, Indiana 46614, indicating the contract amount be increased by $29,288.00 for a modified contract sum, including this Change Order, in the amount of $655,737.00. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET— MMTZ PARKWAY MULTI -USE PATH — PROJECT NO. 111-052 AEDA TIF In a memorandum to the Board, Mr. Bill SchaIliol, Community and Economic Development, requested permission to advertise for the receipt of bids for the above referenced project. Also presented for approval was the Title Sheet for this project. Mr. Inks stated that advertising for the project is on hold, but the Title Sheet should still be approved. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above request was approved and the Title Sheet was signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS-.— TWO 2 MORE OR LESS 2001 OR NEWER RECONDITIONED FOUR WHEEL PURPOSE BUILT MECHANICAL STREET SWEEPERS 2012 SEWER DEPARTMENT CAPITAL LEASE In a memorandum to the Board, Mr. Jeffrey Hudak, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved subject to a discussion with the fleet manager. APPROVAL OF RE UEST TO ADVERTISE FOR THE RECEIPT OF BIDS — PREVENTATIVE MAINTENANCE ON THIRTY -ONE 31 GENERATORS FOR WATER WORKS FIRE AND WASTEWATER DEPARTMENTS APPROVED 2012 USER DEPTS. In a memorandum to the Board, Mr. Matt Chlebowski, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — NATURAL GAS SUPPLY FOR CITY OF SOUTH BEND OWNED FACILITIES — PROJECT NO. 112 - 030 SENERGY OFFICE) In a memorandum to the Board, Mr. Jonathon Burke, Energy Office, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET -- OLIVE ROAD BASIN - PROJECT NO. 112 -031 (AEDA TIF) In a memorandum to the Board, Mr. John Engstrom, Engineering, requested permission to advertise for the receipt of bids and approval of the Title Sheet for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above request was approved and the Title Sheet was signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — IRELAND ROAD TANK PAINTING — WATER CAPITAL In a memorandum to the Board, Mr. John Wiltrout, Water Works, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the above request was approved. REGULAR MEETING MAY 15, 2012 171 APPROVAL OF REQUEST TO ADVERTISE NOTICE OF PUBLIC HEARING AND RESOLUTION NO. 27-2012 FOR PROPOSED LEASE OF OFFICE SPACE Ms. Pam Paluzewski, Legal, requested permission to advertise the notice of a public hearing on May 29, 2012, for the Human Rights Commission to lease space at 319 Niles Avenue, Ste. A, from 319 Niles, LLC. She noted the public hearing is required to allow the public to comment on the expenditure and the request is done through resolution. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to advertise and the Resolution were approved. RESOLUTION 27 -2012 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND CONCERNING LEASE AGREEMENT FOR OFFICE SPACE AT 319 NILES AVENUE AND AUTHORIZING NOTICE WHEREAS, the Board of Public Works of the City of South Bend has received this date a petition signed by fifty (50) taxpayers of the City of South Bend requesting that the Board enter into a lease for approximately 2,975 square feet of office space on the first floor of the building known as Suite A, 319 Niles Avenue, South Bend, Indiana, with Lessor, 319 Niles, LLC for a term of five (5) years and with an option to renew for an additional five (5) year term, and with a monthly rental of Three Thousand Five Hundred Fifty -five Dollars ($3,555.00) for the initial five (5) years term. WHEREAS, the Board has concurrently received this date a certificate of the St. Joseph County Auditor certifying that the signers of the petition and the person verifying the Petition are all taxpayers of property within the City of South Bend; and WHEREAS, I.C. 36-1-10-13 requires that prior to execution of any lease with the City, notice of a public hearing to be held before the Board of Public Works shall be published in accordance with I.C. 5 -3-1. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend as follows: The Board of Public Works intends to enter into a lease with 319 Niles, LLC for approximately 2,975 square feet of office space on the first floor of a building located at 319 Niles Avenue, South Bend, Indiana for a term of five (5) years with an option to renew for an additional five (5) year period, and with an initial monthly rental of Three Thousand Five Hundred Fifty -five Dollars ($3,555.00) 2. Notice shall be published in accordance with I,C. 5 -3 -1 and I.C. 36- 1 -10 -13 of the Board =s intent to enter into the subject lease. 3. Public Hearing as required by I.C. 36- 1 -10 -13 is hereby scheduled before this Board for the 29th day of May, 2012 at 9:30 a.m. 4. A copy of this resolution shall be filed with the South Bend Common Council. Adopted at the meeting of the City of South Bend, Indiana, Board of Public Works held on May 15, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s /Gary Gilot, President s /Don Inks, Member ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 26- 2012 --- A RESOLUTION OF THE BOARD OF WORKS ON UNFIT AND /OR OBSOLETE EQUIPMENT REGULAR MEETING MAY 15, 2012 172 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 26 -2012 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: MISCELLANEOUS FIRE „DEPARTMENT EQUIPMENT WHEREAS, Indiana Code 5 -22 -22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and /or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 15TH day of MAY 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks 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/ Agreement for Logicalis, Inc. ASA 5520 Firewall NTE $5,920.00 Second Inks / Gilot Professional Project (Information Services Technologies Professional Logicalis, Inc. Internet Service — Capital) Increase of Inks / Gilot Services Increase Bandwidth from $620.00 Agreement 20 Mb to 40 Mb (Information Amendment Technologies Capital) Agreement Downtown South Signage for Walk the N/A Inks / Gilot Bend, Inc. Bend Demonstration Project and Allowing for Temporary Installation in the Right of Way Service Support Physio- Control, Technical Service $2,965.00 Inks / Gilot Agreement Inc. Support of 10 Automatic Annually (Fire External Defibrillators Department (Through March 21, General Fund) 2013) REGULAR MEETING MAY 15, 2012 173 Professional The Hilgeman Wastewater Treatment NTE $6,350.00 Inks / Gilot Services Group, Inc. Plant and Lift Station (DES — Contract Arc Flash Hazard Contractual Assessment Study Services) Indemnification University of Transfer of 3,000 Cubic NIA Ratify Agreement Notre Dame Du Yards of Fill Dirt from Gilot/Inks Lac the University to the City; City to Load and Haul Professional The Troyer Group South Bend Energy NTE $35,0000.00 Inks / Gilot Services Initiatives Consulting — (Century Center Proposal Century Center Pilot Capital Implementation Phase -- Improvements) Design Specs for Century Center Lighting Amendment to Redevelopment Main - Lafayette Corridor NIA Inks / Gilot the Master Commission --- Project No. 110 -058 - Agency Approval of Agreement Construction Budget for Supplement No. Project 5 Amendment to Redevelopment Olive Road Right of NIA Inks / Gilot the Master Commission Way Acquisition --- Agency Project No. 112 -031 — Agreement Includes Professional Supplement No. Services for Pond Design 1 and Bidding Professional DLZ Indiana, Olive Road Right of $14,000.00 Inks / Gilot Services LLC Way Acquisition — (AEDA TIF) Agreement Project No. 112 -031 — Includes Professional Services for Pond Design and Bidding Amendment to Redevelopment Olive Road Right of N/A Inks / Gilot the Master Commission Way Acquisition — Agency Project No. 112-031— Agreement Establishes Funding for Supplement No. Right of Way 2 Acquisition Amendment to Redevelopment Olive Road Right of NIA Inks / Gilot the Master Commission Way Acquisition — Agency Professional Services for Agreement 30% Design and Right of Supplement No. Way Parcel Plats for 3 Olive -Pine Connector Professional DLZ Indiana, Olive Road Right of $35,000.00 Inks / Gilot Services LLC Way Acquisition — (AEDA TIF) Supplement Professional Services for Agreement No. 30% Design and Right of I Way Plats for Olive -Pine Connector Amendment to BSA Geotechnical Study for $9,750.00 Inks / Gilot Professional LifeStructures, Ignition Park (AEDA TIF) Services Inc. Infrastructure, Phase 1 A Agreement Professional Arcadis U.S., Inc. Backup for Technical $8,500.00 Inks / Gilot Services Services on Water Seven (7) Months Agreement Quality Matters until (Water Operating) Water Quality Specialist Position is filied GSA - Federal Verizon Wireless Five (5) Wireless $1,800.00 Inks / Gilot REGULAR MEETING MAY 1 S 2012 174 Supply Schedule Description Devices for Field (Water Works Motion Purchase Order Street Closure — SCADA and GIS Web Operations) Carried Inks /Gilot Coalition BMC Organic Access Michigan Street to Main Professional Short Elliott Pinhook Water $44,500.00 Inks /Gilot Services Hendrickson Treatment Plant (Water Operations) Agreement Breakfast Efficiency Improvements Mark Street Closure — Design Cottage Grove Avenue from Inks /Gilot Special Purchase Traffic Control Sole Source Compatible $61,571.00 Inks /Gilot Corporation Equipment for City's (Traffic and River Park Block Party Econolite -Based Signal Lighting Inks /Gilot Grace Church, Network Operations) Professional American Inspection Services for $110,440.20 Inks /Gilot Services Structurepoint, LaSalle School Area (EDIT) Inks /Gilot Agreement Inc. Sewer Separation — on Sample Street to Scholarship Project No. 107 -042 Lafayette Blvd., North to Professional DLZ Indiana Assessment and $9,500.00 Inks /Gilot Services Preliminary Design, (Water Operations) Agreement Procession — Phase I, North Station Military Honor Park on Inks /Gilot Pedzinski Operation Roof —Project No. 112- Veterans Dr., to Terminal Service Ride 034 Dr,, East to Maplewood Professional Cardno JF New Yearly Service Contract $53,665.00 Inks /Gilot Services (WWTP Utilities) Agreement Professional Lawson - Fisher Hydroelectric Unit $12,700.00 Inks /Gilot Services Associates Intake Remediation (Energy Office Agreement Professional Services) Professional Danch, Hamer, & Create Legal Description NTE $1,550 Inks /Gilot Services Associates, Inc. for South Bend (CED Agreement Municipal Riverfront Administration District Development Budget) Project Business Memorial Allow Exchange of Fire NIA Inks /Gilot Associate Hospital and Department Billing Addendum Health System Information via StarWeb APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Applicant Description Date /Time Location Motion Bike Michiana Street Closure — May 22, 2012 Colfax Avenue from Carried Inks /Gilot Coalition BMC Organic from 5:30 a.m. Michigan Street to Main Blueberry to 10:00 a,m. Street Pancake Breakfast Mark Street Closure — May 12, 2012; Cottage Grove Avenue from Inks /Gilot Hoipkemier Cottage Grove 1:00 p.m. to Lincoln Way West to Block Party 8:00 P.M. Lindsey Avenue River Park Block Party May 19, 2012; 33rd Street from Hastings Inks /Gilot Grace Church, 10:30 a.m. to Street to Wall Street Inc. 1:30 p.m. Fraternal Order Procession — August 4, 2012; South Bend Police Station Inks /Gilot of Police Fallen Officer 11:00 a.m. to on Sample Street to Scholarship 5:00 p.m. Lafayette Blvd., North to Ride Riverside Dr., West to Darden. Rd. Robert Procession — June 9, 2012; Military Honor Park on Inks /Gilot Pedzinski Operation 8:00 a.m. to Veterans Dr., to Terminal Service Ride 1:00 P.M. Dr,, East to Maplewood REGULAR MEETING MAY ,15,_2012 175 APPROVE SIDEWALK CAFE PERMIT APPLICATION Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit application: APPLICANT: DHW & Company, LLC dba Five Guys Burgers and Fries BUSINESS ADDRESS: 1233 N. Eddy Street, Ste. 110 DAYS /TIMES OF OPERATION: 11:00 a.m. to 10:00 p.m. COMMENTS: Fire Department and Engineering state pedestrian path must remain clear. Engineering recommends tables be placed adjacent to the Cafe. Mr. Inks made a motion that the Sidewalk Cafe Permit Application be approved. Mr. Gilot seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following traffic control devices were approved: NEW INSTALLATION: LOCATION: REMARKS- NEW INSTALLATION LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: Temporary Closure of Ashwood Court Ashwood Court Off of Lindenwood Drive Trash Dumping and Crime Prevention Handicapped Accessible Parking Space Sign 923 South Ironwood Drive All criteria has been met Residential Parking 415 South Williams Street All criteria has been met TABLE TRAFFIC CONTROL DEVICE Mr. Inks stated this is the location of a soccer field that has an upcoming regional tournament at the end of this month. Mr. Gilot stated he didn't think this was a good idea and asked to table this until further review. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following traffic control device was tabled: NEW INSTALLATION: No Parking Tow Zone LOCATION: Both Sides of Moreau Court From Nirntz Parkway to Dead End REMARKS: All criteria has been met APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 19314 PASADENA STREET — SEWER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Richard Freeman, 19314 Pasadena Street, South Bend, Indiana 46614. The Consent indicates that in consideration for permission to tap into public sanitary sewer system of the City, to provide sanitary sewer service to the above referenced property at 19314 Pasadena Street, the Freeman'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. Gilot made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. RATIFY APPROVAL ANDIOR RELEASE CONTRACTOR AND EXCAVATION BONDS Ave., South to U.S. 20 West Side Procession — May 28, 2012; Scenic Drive East to Ford Inks / Gilot Memorial Day West Side 8:15 a.m, to Street, East to Olive Street Parade Memorial Day 11:00 a.m. Parade APPROVE SIDEWALK CAFE PERMIT APPLICATION Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit application: APPLICANT: DHW & Company, LLC dba Five Guys Burgers and Fries BUSINESS ADDRESS: 1233 N. Eddy Street, Ste. 110 DAYS /TIMES OF OPERATION: 11:00 a.m. to 10:00 p.m. COMMENTS: Fire Department and Engineering state pedestrian path must remain clear. Engineering recommends tables be placed adjacent to the Cafe. Mr. Inks made a motion that the Sidewalk Cafe Permit Application be approved. Mr. Gilot seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following traffic control devices were approved: NEW INSTALLATION: LOCATION: REMARKS- NEW INSTALLATION LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: Temporary Closure of Ashwood Court Ashwood Court Off of Lindenwood Drive Trash Dumping and Crime Prevention Handicapped Accessible Parking Space Sign 923 South Ironwood Drive All criteria has been met Residential Parking 415 South Williams Street All criteria has been met TABLE TRAFFIC CONTROL DEVICE Mr. Inks stated this is the location of a soccer field that has an upcoming regional tournament at the end of this month. Mr. Gilot stated he didn't think this was a good idea and asked to table this until further review. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following traffic control device was tabled: NEW INSTALLATION: No Parking Tow Zone LOCATION: Both Sides of Moreau Court From Nirntz Parkway to Dead End REMARKS: All criteria has been met APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 19314 PASADENA STREET — SEWER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Richard Freeman, 19314 Pasadena Street, South Bend, Indiana 46614. The Consent indicates that in consideration for permission to tap into public sanitary sewer system of the City, to provide sanitary sewer service to the above referenced property at 19314 Pasadena Street, the Freeman'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. Gilot made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. RATIFY APPROVAL ANDIOR RELEASE CONTRACTOR AND EXCAVATION BONDS REGULAR MEETING MAY 15 2012 176 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 follows: Business Bond Type YP Approved) Released Effective Date Baileys Asphalt Seal & Maintenance Contractor Approved April 26, 2012 LLC Paul R. Royer DBA Al Concrete Contractor Approved April 18, 2012 Leveling Conereations, LLC Contractor Approved May 3, 2012 Structural Group Excavation Release April 30, 2012 The Robert Henry Corporation Excavation Approved May 3, 2012 Mr. Inks made a motion that the Bonds approval and /or release as outlined above be ratified. Mr. Gilot 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 $3,943,596.50 05/I 1/2012 City of South Bend $936,033.90 05/10/2012, 05/15/2012 City of South Bend $2,735,837.03 05/15/2012 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Gilot seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local 362, asked the Board if the City is purchasing the CRAH units for Data Realty. He questioned if they were already given a tax abatement. Mr. Gilot stated the City is buying the units but they were not given a tax abatement for their property; they agreed to install certain energy improvement incentives. Mr. Inks stated they are getting an abatement only for the air conditioning units. He noted the City is capped at $900,000.00 to invest in the units, and that is equivalent to what Data Realty would have gotten if they had gotten a tax abatement for their property. 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 11:07 a.m. BOARD OF PUBLIC`°�iVOR S Gary A. Gilot, President i Don 1 Inks, Member Kathryn E. os, Member r ATTEST: t.__ L'nda M. Martin, lerk