Loading...
HomeMy WebLinkAbout05/29/12 Board of Public Works MinutesAGENDA REVIEW SESSION MAY 24,. 2012 178 The Agenda Review Session of the Board of Public Works scheduled for May 24, 2012, at 10:30 a.m., was cancelled due to a lack of quorum. The Clerk posted notice of the cancellation and sent notice to the media and other persons requesting notice of the meeting agenda. BOARD OF PUBLIC WO S j( j --.L-- - - Z�VJ �A� - Michael Mecham, Member ark Neal, Member ATTEST: �o 4ia M. Martin, Cle k REGULAR MEETING MAY 29 2012 The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Tuesday, May 29, 2012, by Board President Gary A. Gilot, with Board Members Kathryn Roos, Michael Mecham, and Mark Neal present. Board Member Donald Inks was absent. Also present was Board Attorney Cheryl Greene, Mr. Gilot informed those present that Mayor Pete Buttigieg appointed the two additional members to the Board, which now consists of five (5) members. PUBLIC HEARING - PROPOSED LEASE OF OFFICE SPACE AT 319 NILES AVENUE SUITE A Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning the lease of office space at 319 Niles Avenue, Suite A, from 319 Niles, LLC, in the amount of $3,555.00 per month for a period of five years for the Human Rights Commission. It was noted that in preparation for this, the Board approved Resolution No. 27 -2012 on May 15, 2012, which included a petition filed with and certified by, the St. Joseph County Auditor's office on May 14, 2012, containing fifty (50) signatures of citizens in favor of the lease. Ms. Greene noted the process under State law requires the Board of Works to hold a Public Hearing to allow the public to speak for or against the proposed use of tax dollars. Ms. Greene stated the lease contains a provision to allow an extension for five (5) years if desired. She noted the proposed space is desirable, providing ADA compliant access and a certain amount of privacy for people utilizing the business. Mr. Gilot opened the public hearing to those wishing to speak for or against the lease. Nobody present spoke. Ms. Greene stated since nobody spoke, it is now up to the Board to determine if the lease of the building is necessary. Ms. Aladean DeRose, City Attorney, stated the problems with the current facility for the Human Rights office have been brought to the attention of the City over the last couple of years. The current location has offices in the basement that offers no ADA access and there are safety issues with the flooring. When investigated further, more problems were determined and the cost to fix all of the issues was found to be substantial. She noted there are commission meetings held in the building and it needs to be large enough to accommodate large crowds. Ms. DeRose stated due to the considerable expense to redress a City owned facility, it was determined that it would be necessary to look outside City owned facilities. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Ms. DeRose stated the Common Council must conduct their own Public Hearing before the lease is presented for approval. Ms. Greene added the Board can accept the criteria presented by Ms. DeRose as REGULAR MEETING MAY 29, 2012 179 necessary and enter a finding of necessity. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the finding of necessity for the lease of the property was approved, and a favorable recommendation was approved to be forwarded to the Common Council. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on May 10, 2012, May 15, 2012 and May 22, 2012, were approved. OPENING OF BIDS — FACADE IMPROVEMENTS FOR LOT 4 OF IGNITION PARK --- PROJECT NO. 112 -025 (AEDA TIT) 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: SHAFFNER HEANEY ASSOCIATES, INC. 2508 South Main Street South Bend, Indiana 46614 Bid was signed by: Mr. Craig Heaney 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 Local Business Preference Claim Form was submitted Five percent (5 %) Bid Bond was submitted M. .� Description Amount Total of Items 1 through 7 $794,379.00 Item C -I $49.61/hr Item C -2 $46.16/1jr Item C -3 $40.26Ihr Item C -4 $50.00/br 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 Local. Business Preference Claim Form was submitted Five percent (5 %) Bid Bond was submitted I: OM Description Amount Total of Items 1 through 7 $1,219,000.00 Item C -I $55.00/hr Item C -2 $52.00 /hr Item C -3 $35.00 /hr Item C -4 $175.00 /hr Ms. Greene stated that since both bidders submitted the Local Business Preference Form, it would not affect the results. She noted that effective July 1, 2012, State law changes and the Local Preference Form will not apply to construction projects, only purchase of supplies. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bids were referred to Engineering, Community and Economic Development, and Data Realty for review and recommendation. REJECT ALL SEALED BIDS AND APPROVE TO RE- ADVERTISE FOR BIDS — MAIN STREET /LAFAYETTE BOULEVARD CONNECTOR — PROJECT NO. 110 -058 SSDA TIF REGULAR MEETING MAY 29,,.2012 180 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. In a Memo to the Board, Mr. Bill Schalliol, Community and Economic Development, requested that all bids received be rejected and returned to the bidders unopened. Mr. Schalliol further requested to re- advertise for bids for this project at a later date. In his memo, Mr. Schalliol explained that the potential for delays with utility relocations and property acquisition would have added time and expense to the project. He noted that having the project last through two (2) construction seasons, 2012 and 2013, as opposed to having the project set for one season, will likely save costs and create better positive will with the business community on the south side of town. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bids were rejected and the request to re- advertise for bids was approved. OPENING AND AWARD OF QUOTATION — APPROVAL OF CONTRACT — CURB AND SIDEWALK PROGRAM TREE REMOVAL - PROJECT NO. 112 -024A OTHER SERVICES AND CHARGES /STREET MAINTENANCE) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotation was opened and read: KC TREE INC. 1320 Third Street Osceola, Indiana 46561 Quotation was submitted by Mr. Kregg Keigley 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 Description Unit Unit Price 1. 0 -15" Diameter Each $375.00 2. 16 -24" Diameter Each $700.00 3. 25 -36" Diameter Each $900.00 4. 1 37" + Diameter Each $1,200.00 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above Quotation was referred to Engineering for review and recommendation and confirmation that the bidder is a licensed arborist in Indiana. After reviewing the bid, Mr. Toy Villa, Engineering, recommended that the Board award the contract to the sole responsive and responsible bidder KC Tree, Inc., in unit prices as stated above, not to exceed $75,000.00. In his Memo, Mr. Villa stated he confirmed that KC Tree, Inc. was a licensed arborist in Indiana. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Neal seconded the motion, which carried. OPENING OF HELD LTOTATION — EAST RACE WATERWAY DOCK EXTENSION -- PROJECT NO. 11 I -074 EDIT Mr. Gilot advised that quotes for this project were due and received on May 15, 2012. The Board voted to hold the one quote received until their next meeting due to nobody being present that was working on this project and the item not being submitted for the agenda. The following Quotation was opened and read: THE ROBERT HENRY CORPORATION 404 South Frances Street South Bend, Indiana 46614 Quotation was submitted by Mr. Stephen Henry 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 Local Business Preference Claim Form was submitted REGULAR MEETING QUOTATION: Base Bid $150,095.00 Alternate 1 ($4,668.00) Alternate 2 $14,023.00 Total Base Bid and Alternates 1 and 2 $159,450.00 MAY 29, 2012 181 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above quotation was referred to Engineering for review and recommendation. AWARD QUOTATION — EMERGENCY SEWER REPAIR --- WASHINGTON STREET — (SEWER OPERATIONS /MAINTENANCE) Mr. John Pemberton, Sr., Sewer Department, advised the Board that on May 16, 2012, HRP Construction was requested to provide an emergency sewer repair for the a line break on Washington Street. The emergency was due to a threat to public safety from a broken sewer line. Mr. Pemberton is now requesting the Board approve the award of this emergency sewer repair to HRP Construction, 24358 State Road 23, South Bend, Indiana 46614, in the amount of $28,960,00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the emergency quotation be awarded as outlined above. Ms. Roos seconded the motion, which carried. TABLE /APPROVE CHANGE ORDER NO. 1 — ACS/VA PROJECT SITE IMPROVEMENTS —PROJECT NO. 112 -009 (SBCDA TIF) Mr. Gilot advised that Mr. Bill Schalliol, Community and Economic Development, has submitted Change Order No. I on behalf of C &E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514, indicating the contract amount for this project be increased by $35,567.35 for a modified contract sum, including this Change Order, in the amount of $312,727.35. Mr. Gilot made a motion to table the Change Order until Mr. Schalliol returned to the meeting and could explain what this work was for. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Change Order was tabled. Mr. Schalliol returned to the meeting and explained the original curb and sidewalk were estimated too low, and an increase was needed to extend the walk to complete the project. He stated a huge tank was uncovered; what was thought to be 5,000 gallons turned out to be 15,000 gallons. And finally there were changes to the lighting of the parking lot that needed to be accommodated. Mr. Gilot stated two (2) of those changes were discretionary, one (1) was unforeseen circumstances. He noted discretionary changes must be reviewed carefully. Upon a motion by Ms. Roos, seconded by Mr. Neal and carried, Change Order No. 1 was approved as outlined above. APPROVE CHANGE ORDER NO. 3 — IGNITION PARK PHASE IA -• PROJECT NO. 111- 073 (AEDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of Selge Construction Company, Inc., 2833 South I Vh Street, Niles, Michigan 49120, indicating the contract amount be decreased by $19,127.50 for a modified contract sum, including this Change Order, in the amount of $2,345,906.72. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Change Order was approved. TABLE CHANGE ORDER NO. I — INSTALLATION OF 45 -KW HYDROELECTRIC TURBINE —PROJECT NO. 111 -010 EECBG Mr. Gilot advised that Mr. Jonathon Burke, Energy Office, has submitted Change Order No. I on behalf of Koontz- Wagner Construction Services, LLC, 3801 Voorde Drive, South Bend, Indiana 46628, indicating the contract amount be increased by $65,497.36 for a modified contract sum, including this Change Order, in the amount of $182,614.36. Mr. Gilot stated Mr. Burke has requested the Board table this request until further review. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Change Order was tabled. APPROVE CHANGE ORDER NO. 4 FINAL AND PROJECT COMPLETION AFFIDAVIT — DIAMOND AVENUE TRUNK STORM SEWER — PROJECT NO. 109 -033 2010 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 (Final) on behalf of Rieth -Riley Construction Co., Inc., 25200 SR 23, PO Box 1775, South Bend, Indiana 46634 indicating the contract amount be increased by $10,431.37 for a modified contract sum, REGULAR MEETING MAY 29,2M 182 including this Change Order, of $3,225,045.92. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $3,225,045.92. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, Change Order No. 4 (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT — PLEASANT STREET SEWER SEPARATION PHASE 11— PROJECT NO. 109 -029 2010 SEWER BOND Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of HRP Construction, Inc., 5777 Cleveland Road, PO Box 266, South Bend, Indiana 46624, for the above referenced project, indicating a final cost of $1,194,500.00. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION-AFFIDAVIT — EECBG ENERGY RETROFITS — PROJECT NO. 111 -019 SBCDA TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Martell Electric, LLC, 4601 Cleveland Road, South Bend, Indiana 46628, for the above referenced project, indicating a final cost of $131,620.00. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT --- CLAY - CLEVELAND PUMP STATION REPLACEMENT —PROJECT NO. 109 -087A 2010 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Selge Construction Co., Inc., 2833 South I I` Street, Niles, Michigan 49120, for the above referenced project, indicating a final cost of $516,493.50. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVE SUBSTANTIAL COMPLETION AFFIDAVIT — CENTURY CENTER ISLAND PAVILION — PROJECT NO. 111 -067 SBCDA TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Substantial Completion Affidavit on behalf of Casteel Construction Corp., 23186 West Ireland Road, South Bend, Indiana 46614, for the above referenced project. The date of Substantial Completion was May 7, 2012. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the Substantial Completion Affidavit was approved. ADOPT RESOLUTION NO, NO. 28 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA TEMPORARILY AMENDING SECTIONS 8 A. B. C. AND D. OF RESOLUTION NO. 87 -2011 A RESOLUTION AMENDING CONTRACTS FOR EMERGENCY TOWING FROM THE PUBLIC RI WAY GHT OF Ms. Andrea Beachkofsky, Legal, stated as a discretionary effort to better serve the citizens of the City, she is asking the Board of Works to temporarily suspend sections 8a., b., c., and d., of Resolution No. 87 -2011 regarding the number of towing companies allowed on the City towing list, for three months beginning June 1, 2012. She noted this will allow her to open dialogues with the towing companies. Currently there are four (4) companies on the list, she stated, and this will open it up to the five (5) companies on the waiting list. She noted that only two (2) of those five (5) are currently in business anymore. After three (3) months, she stated the Police Department and Board of Safety and the towing companies will review the statistics. Ms. Beachkofsky noted that she is asking the Board's approval today subject to the final draft of Resolution No. 28 -2012, Mr. Gilot stated this sounded like a good recommendation and he made a motion to approve the request to suspend the sections of the resolution as stated, for three months beginning June 1, 2012 and approve Resolution No. 28 -2012 subject to the final draft. Ms. Roos seconded the motion, which carried. A representative from one of the towing companies present asked if he could speak regarding this vote. Mr. Gilot stated this is a legal issue, and does not require a public hearing, and this is not a public hearing. He suggested the business owner would be better off to talk with Ms. Beachkofsky, and noted the Board of Works is only responsible for the administration of the contract. Ms. Beachkofsky invited those present that wished to speak about the issue to follow her into the hall. REGULAR MEETING MAY 29, 2012 183 ADOPT RESOLUTION NO. 29 -2012 — A RESOLUTION OF THE CIT OF SOUTH BEND INDIANA, BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY_ Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 29-2012 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847 -88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, LIEUTENANT RICHARD POWERS will retire effective .Tune 1, 2012, from the South Bend Police Department after more than twenty -two (22) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5- 22 -22 -1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 49922, Model No. P229, a .40 Caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 29TH Day of MAY 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos s /Michael Mecham s /Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. NO. 30 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA CONFIRMING AND ENDORSING THE AWARD OF AND CONTRACT WITH TRINAL INC. FOR THE DIVERSITY COMPLIANCE OFFICER Ms. Greene stated this Board already took the approval action at their last meeting by awarding the contract for this project. Ms. Aladean DeRose, Legal, stated that the request for a resolution endorsing and confirming is just for a reporting record on the part of the Common Council. Mr. Neal stated the council wants to see the final contract. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works subject to providing the Common Council attorney with the final documentation: REGULAR MEETING MAY 29 2012 184 RESOLUTION NO. 30-2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND THE APPROVAL OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH TRINAL, INC. WHEREAS, on April 12, 2011, the South Bend Common Council passed Ordinance 10081 -11 ( "Ordinance ") creating a Minority Business Enterprise and Women Business Enterprise Utilization Board ( "Utilization Board" and further provided for the designation of a Diversity Compliance Officer to "work with the... Utilization Board and contracting agencies to assist in overseeing, implementing and enforcing" the Ordinance; and WHEREAS, on May 14, 2012, the Common Council of the City of South Bend ( "Council ") adopted its Resolution No. 4180 -12 approving the Utilization Board's recommendation for engagement of a Diversity Compliance Officer to perform all duties and obligations set forth in the Ordinance conditioned upon the execution of a contract for services to be approved by the City of South Bend Board of Works ( "Board "); and WHEREAS, the Utilization Board has identified and recommended the appointment of and engagement of Trinal, Inc., a For - Profit Foreign Corporation registered to conduct business in Indiana and having its principal place of business at 329 West 18t Street, Suite 401, Chicago, Illinois 60616, as the Diversity Compliance Officer for the City of South Bend and the Common Council has appropriated the funds in support of such appointment and engagement of Trinal, Inc.; and WHEREAS in compliance with the requirements of relevant state and local law including, but not limited to, the Ordinance, the Board, acting through its legal counsel, has caused to be prepared an Agreement for Professional Services with Trinal, Inc. under the terms and conditions set forth in the Ordinance and as more particularly described under "Essential Duties" in a Request for Proposals for Diversity Compliance Officer Contractual Services" as set forth at Exhibit A to Common Council Resolution No. 4180 -12; and WHEREAS, the Board has heretofore reviewed the proposed form of Agreement for Professional Services as attached hereto and incorporated herein as Exhibit A and upon the advice of legal counsel has determined that the proposed form of agreement complies with legal requirements applicable to such contracts; and WHEREAS, the Board affirms that the actions referred to in its Resolution No. 30 -2012 are taken by the Board solely at the direction of and as authorized agent to the Council and not on the Board's own behalf. NOW, THEREFORE, BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA, that: Section 1. The Board of Public Works hereby makes its recommendation to the Council that the Council ratify, confirm and approve the execution of the Agreement for Professional Services with Trinal, Inc, signed by the Board on behalf of the City of South Bend, Indiana. Section 2. This Resolution shall be in full force and effect from and after its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indianan held on May 29, 2012 at 1308 County -City Building, 227 West Jefferson, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos s /Michael Mecham s /Mark Neal REGULAR MEETING ATTEST: s /Linda M. Martin, Clerk MAY 29 2012 185 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 QPA Motorola Fire Department Hand -Held $646,938.05 Roos/Neal Special and Portable Radios; Switch (EMS Capital) Purchase to Dual Band Technology for Full Functionality Sole Allen One EOD9 Bomb Protection $26,566.00; Roos/Neal Source/ Vanguard Suit in Size Small; $24,859 Paid by Compatible Corporation Compatible with Electrical IDHS Grant Purchase System in Current Helmets Reimbursement; and Visors $1,707 Paid by Police Department (Police Federal Asset Forfeiture Fund) Professional Ralph Security for Water Works NTE $26,000.00 Roos/Neal Services Szczepanski Customer Services Office, (Water Works Agreement Well Sites, Plus Field Sites as Operating) Necessary Addendum Redevelop- Rushton Rehab Project N/A Roos/Neal to Master ment Agency Commission Agreement Agreement Kaser Auction Yearly South Bend Police 8% Commission Roos/Neal Services Department Public Auction of Sales Contract Indiana Hardest Hit Fund Counseling NTE $215,843.79 Roos/ Housing and Services — Provide (To City) Mecham Community Counseling Services to Development Unemployed Homeowners as Authority Part of the Indiana Foreclosure Prevention Network Agreement Trinal Diversity Compliance Officer $67,500.00 for Roos/Neal for First Year; NTE Subject to Professional $184,309.00 for Appropria- Services Three (3) Years tion of Funds for Future Years and Common Council Approval Contract Logicalis 2011 City Wide Increase of Roos/ Addendum Telecommunications Project $9,120.40; New Mecham for IP Voice Communications Contract Amount --- Additional Equipment $1 ,445,1 23.37 Necessary for Project (Office Completion Equipment) Professional American Traffic Signal Optimization Decrease of Roos/Neal Services Structurepoint Agreement — Contract $128,172.51; Agreement Amount Reduction New Contract Addendum Amount $271,827.49 (Energy Office REGULAR MEETING MAY 29 2012 186 Professional DLZ Indiana Traffic Signal Warrant Grant) $7,840.00 Motion Roos/Neal Service June 16, 2012; 10:00 a.m. to 4:00 p.m. Analysis — Eddy Street and (Engineering Roos/Neal Proposal Outreach Block Cedar Street Office /Other Party Professional Professional Don Pinkert Consultation and Training for Services) NTE $10,500 Roos/Neal Service Police Department Pension (Misc. Charges & Agreement Fund Administration on a Part Services) Time /As- Needed Basis APPROVAL OF STREET CLOSURES The following street closures were presented for approval: Applicant Description Date /Time Location Motion Ella Brown Street Closure — Bridging the Gap Fellowship June 16, 2012; 10:00 a.m. to 4:00 p.m. St. Joseph Street from Milton Street to Calvert Street Carried Roos/Neal Outreach Block Party Downtown South Bend, Inc. Street Closure — First Fridays Car Show June 1, July 6, and August 3, 2012; 5:00 p.m. Michigan Street from Wayne Street to Western Avenue (Light Pole Roos/Neal to 9:00 p.m. North of Baer's Lot) APPROVE REQUEST FOR TEMPORARY CHANGE TO TRAFFIC CONTROL Mr. Gilot advised that the following request for a temporary change to traffic control has been received: Event: Back to School Rally Applicant: Faith Apostolic Center Location: "No Parking" on Bonds Street Near Senior Housing Project; Road Barriers for East LaSalle Square Exit and First Entrance off of Bonds into LaSalle Square Plaza and Rear Entrance; Cones for Traffic Directions Dates /Times: June 24, 2012; Set -up at 2:00 p.m., Event Starts at 7:00 p.m Mr. Gilot further advised that favorable recommendations have been received from the Police Department, Bureau of Traffic and Lighting, Division of Engineering and the Legal Department for the above request. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the above request to temporarily change a traffic control device was approved. APPROVE RELEASE OF UTILITY EASEMENT — THE VACATED PORTION OF KALORAMA STREET FROM HILL STREET TO THE FIRST NORTH /SOUTH ALLEY In a memorandum to the Board, Mr. Tony Molnar, Engineering, asked on behalf of Abonmarche Consultants that the above referenced utility easement be released for the purpose of development. In his memo, Mr. Molnar noted that the street has already been vacated and there are currently no utilities existing in the right of way. Upon a motion made by Ms. Roos, seconded by Mr. Neal, and carried, the above referenced easement was approved. RATIFY APPROVAL OF LETTER OF CLARIFICATION - PETITION TO VACATE KALORAMA STREET In a memorandum to the Board, Mr. Tony Molnar, Engineering, stated the original vacation of Kalorama Street, approved by the Common Council on January 11, 2010, included a width of thirty -four (34) feet, when the correct width of the street was fifty (50) feet. Mr. Gilot noted this was just a Scribner's error and in an effort to correct this, he has provided a Letter of Clarification for the Board's approval to forward to the Common Council. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioner recommending approval of the corrected request for vacation and authorizing Mr. Gilot to take action to properly record the corrected document. Ms. Roos seconded the motion, which carried. REGULAR MEETING MAY 29, 2012 187 APPROVAL OF LONG -TERM OCCUPANCY PERMIT --- 1045 WEST WASHINGTON STREET Mr. Gilot advised that the Board is in receipt of a Long -Term Occupancy Permit application from Gibson- Lewis, 1001 West 11th Street, Mishawaka, Indiana 46544, for occupancy of the parking lane in front of 1045 West Washington Street for the purpose of construction of the Hansel Center. The completion date of this permit is set for November 28, 2012. Upon a motion made by Ms. Roos, seconded by Mr. Neal, and carried, the Permit was approved. Mr. Gilot suggested the bond for the permit be set at $3,000.00. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 1014 North Johnson Street 2918 Prast Boulevard 1209 Miner Street REMARKS: All criteria has been met RATIFY APPROVAL OF CONTRACTOR AND OCCUPANCY BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Occupancy Bonds be ratified pursuant to Resolution 100 -2000 as follows: Business Bond Type Approved/ Released Effective Date Gibson - Lewis, LLC Occupancy Approved Approved May 18, 05/29/2012 City of South Bend $3,998,710.50 2012 Beachy & Son Concrete & Contractor Approved Approved May 18, Construction, Inc. 05/08/2012 2012 Mr. Gilot made a motion that the Bonds approval as outlined 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 $510,476.02 05/23/2012 City of South Bend $2,601,981.90 05/29/2012 City of South Bend $3,998,710.50 05/25/2012 St. Joseph County Housing Consortium $22,096.38 05/08/2012 St. Joseph County Housing Consortium $20,270.78 05/08/2012 Therefore, Mr. Gilot 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. Murray Miller, Local No. 645 asked why the Board was expanded to include five (5) members. Mr. Gilot informed him that Indiana Statute allows for a three to five member Board. It was expanded to five (5) members to bring in members of the new administration. Mr. Gilot noted he retired this year and is staying on for a transition training period. Mr. Miller questioned the ACSIVA Project Site Improvements Change Order. Ms. Greene noted that Change Orders are allowed in unforeseen circumstances and do not count against the 20% cap. In this case, the size of the tank could not be reasonably foreseen. Mr. Gilot added that by contrast discretionary scope changes should be caught in the original design. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 10:40 a.m. REGULAR MEETING MAY 29, 2012 188 BOARD OF PUBLIC jWO KS Gar p. Gilot, President D ald E, I ks, Member s, Member Michael Mecham, Member -- — �° Mark Neal, Member ATTEST: �Li da M. Martin, lerk