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HomeMy WebLinkAbout07/24/12 Board of Public Works Minutesi AGENDA REVIEW SESSION JULY 19, 2012 234 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, July 19, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Kathryn E. Roos, Michael C. Mecham and Mark W. Neal present. 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. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition of an Occupancy Permit for Holladay Construction Group and a Title Sheet for University Edge Apartments in Roseland for sewer and water. OPENING OF BIDS — PURCHASE OF ELECTRICAL EQUIPMENT FOR UNION STATION TECHNOLOGY CENTER — PROJECT NO 112 -046 (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: ALL -PHASE ELECTRIC SUPPLY 1385 North Bendix Drive South Bend, Indiana 46628 Bid was signed by: Mr. Dave Maly 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 .m Item No. Amount 1 $1,209,000.00 2 No Bid Alt. 1 $574,750.00 Alt. 2 No Bid Alt. 3 No Bid CUMMINS CROSSPOINT, LLC 5125 Beck Drive Elkhart, Indiana 46516 Bid was signed by: Mr. Brian Wallace 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 :m Item No. Amount 1 No Bid 2 $520,500.00 Alt. 1 No Bid Alt. 2 $520,500.00 Alt. 3 No Bid MACALLISTER MACHINERY COMPANY INC. 7575 East 301 Street Indianapolis, Indiana 46219 Bid was signed by: Mr. Shannon Brooks 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 . m AGENDA REVIEW SESSION Item No. Amount 1 $807,560.00 2 $664,200.00 Alt. 1 No Bid Alt. 2 $664,200.00 Alt. 3 $131,250.00 JULY 19, 2012 235 EVAPAR, INC. 6011 A Highview Drive Fort Wayne, Indiana 46818 Bid was signed by: Mr. Steve Moses 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 Item No. Amount 1 No Bid 2 $592,100.00 Alt. 1 No Bid Alt. 2 $592,100.00 Alt. 3 $349,988.00 Ms. Greene noted that MacAllister did not acknowledge the Addendum and stated the bid conditions would need to be reviewed to ascertain if that was a requirement of the bid. She noted their bid may be found non - responsive. Upon a motion made by Mr. Gilot seconded by Ms. Roos and carried, the above bids were referred to Community Development, Engineering, and the business owner for review and recommendation. Ms. Greene stated it would need to be determined if the addendum is relevant to the bid. APPROVE TITLE SHEET — RUSHTON APARTMENTS RENOVATION PHASE I - PROJECT NO. 112 -037 Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above referenced Title Sheet was approved and signed. APPROVE TITLE SHEET — UNIVERSITY EDGE APARTMENTS SEWER AND WATER Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above referenced Title Sheet was approved and signed. APPROVAL OF MORTGAGE RELEASE CORRECTION The following Mortizaae Release Correction was submitted to the Board for anr,roval Type Business Description Amount Motion/ Second Release of Corporation for Correct Document Number N/A Roos /Inks Mortgage Entrepreneurial Error in Original Release of Correction I Development 125 -127 North Main Street APROVE PROPOSAL — TEMPORARY STAND -BY EMERGENCY GENERATOR FOR RAW SEWAGE PUMP NO. 1 (ENVIRONMENTAL SERVICES EQUIPMENT) Mr. Jacob Klosinski, Environmental Services, presented a quote from Herrman and Goetz, Inc., for the use of a generator on an emergency basis for Raw Sewage Pump No. 1 for $1,375.00 for the transport cable, and $2,100.00 per week or $3,780.00 per month rental. In a memo to the Board, Mr. Klosinski noted that the current pump has mechanical problems and requires repair. Lead time for the materials to do the repair is approximately ten (10) to twelve (12) weeks and the extra load will be placed on Raw Pump Nos. 2 and 3. Mr. Klosinski noted that Environmental Services has one generator for back -up of one of the pumps, but two pumps are required to be running at all times to meet the flow required by the City's NPDES Permit. Mr. Gilot stated the City is operating under a consent decree and the possible fines from the loss of use of one of the i7 1 1 1 i 1 AGENDA REVIEW SESSION JULY 19, 2012 236 two pumps justify the cost of the emergency back -up equipment. Ms. Roos asked how long it is anticipated the generator will be needed. Mr. Klosinski stated they may have it on site for three (3) to four (4) months. Mr. Neal noted previous issues with multiple power outages and asked why there were so many power outages in previous months. Mr. Klosinski stated they were all AEP's issues and he is not sure what the problems stem from. Mr. Mecham asked if they have a way to communicate with AEP the need to be placed first on the list for repairs during the outages. Mr. Al Greek, Environmental Services, stated they have their own contact that they work with who provides them immediate attention. Mr. Gilot stated there should be a memo explaining the emergency nature of this purchase for the file. Upon a motion by Ms. Roos, seconded by Mr. Neal and carried, the proposal was approved. Board members discussed the following item(s) from the agenda: - Professional Services Agreement — Energy Management Plan Mr. Bill Schalliol, Community and Economic Development, stated Adrian Smith + Gordon Gill Architecture is being retained to do an Energy Management Plan for the Renaissance District and related area, and once complete he will forward the report for the Board's review. He stated this is the first phase of the project and is funded through TIF, but the funding for the next phases needs to be determined. Ms. Roos questioned if this covers down to Ignition Park. Mr. Schalliol stated it does. Mr. Gilot noted this firm is a world class architectural firm; there is a need to do a really good job on this project. - Alley Vacation — North Half of North/South Alley between St. Peter Street and Notre Dame Avenue, South of Howard Street Mr. Jitin Kain, Community and Economic Development, stated he was hoping to hear from, but has not been able to contact, one of the property owners adjacent to the alley. He stated that four of the homes have eleven (11) children between them and would like to combine the area for a play area. He noted that vacating the entire alley land -locks one of the homeowners, so he was wondering if they can do a partial vacation. Mr. Gilot stated we really prefer a whole alley; the neighbors can work out an access easement agreement. Ms. Greene explained the City would still have to maintain the portion of alley that is not vacated. Ms. Roos stated her concern is if trash pick -up is in the alley, are they agreeable to do front trash pick -up. Mr. Gilot stated that the Fire Department denied the vacation, stating there is a hydrant on the Howard Street side of the alley and the alley gives them access to the back of the buildings. He added this is not an improved alley, and questioned if the Fire Department would actually use the alley to fight fires. Ms. Roos suggested the Board make their approval contingent upon a cross access easement agreement of the neighbors. Ms. Greene added the request should only be approved for the full alley because the City would still have responsibility for the maintenance and liability of the non - vacated portion. Mr. Gilot noted that the law would require the City to install a cul -de -sac for fire trucks to turn around if only half was vacated. Ms. Greene stated the Council has a boiler plate cross access agreement that needs to be worked out prior to approval of the vacation request. - Opening of Bids — 3.5 Million Gallon Ireland Road Reservoir Tank Exterior Repainting Mr. John Wiltrout, Water Works, stated this project involves power washing, repair, and painting of the Ireland Road water tank. He stated Water Works will get a three (3) year warranty on the paint, but it should last ten (10) years before chalking. Ms. Roos asked if they are placing the City logo on the tank. Mr. Wiltrout stated it is in the specifications. Mr. Gilot asked if there is something in the specifications requiring the contractor to contain any paint chips when sanding the tank. Mr. Wiltrout stated there usually aren't chips, but they are required to contain any material. Mr. Neal asked how they do it without flecks of paint coming off. Mr. Wiltrout explained the tank is not peeling, it is chalking. Ms. Greene suggested they put up signs along the bypass warning of construction. - Award Quotation and Approve Contract — Virtual Ethernet Service Mr. Gilot stated the specifications for this service for Water Works reference a three (3) year agreement which adds up to an amount over the legal quote range. He stated the Mayor and Controller would need to authorize this quote to go over the legal limit. After reading through, Mr. Gilot noted this is a service and the cost of the three (3) year service is under the bid threshold; the equipment throws it over the bid amount. Mr. John Wiltrout, Water Works, stated there are non - recurring costs associated with the installation that are a one time fee. Mr. Gilot stated Mr. Wiltrout should get with Legal and prepare a memo spelling out the nonrecurring costs and the recurring costs. - Open and Award Quotation — Leeper Park Odor Reduction — Filter Bio -Bed Replacement AGENDA REVIEW SESSION JULY 19, 2012 237 Mr. Al Greek, Environmental Services, stated this project is to replace the mulch and compost at Leeper Park that act as the filter material. He noted it needs to be replaced every three (3) to five (5) years, and there is a gauge that tells when it's time to replace the material. - Professional Services Agreement — Develop Alternatives, Marketing Opportunities, and Cost Estimates for Disposing of Compost Materials Mr. Jacob Klosinski, Environmental Services, stated this pile of compost is made up of almost 50% plastics. They are looking for an alternate solution to move the pile. Mr. Greek noted they have kept it out of the landfills but it is stockpiling out of control. He stated this is all this consulting firm, Coker Composting and Consulting, does. Ms. Greene asked if they advertise this compost in the water bill or anywhere regularly. Mr. Gilot stated probably not enough. He added we will either get better at this, or get out of the business. - Change Orders - Eddy Street /Colfax Avenue and Eddy Street /LaSalle Avenue Intersections Mr. Toy Villa, Engineering, stated Change Order No. 13 is for a time extension of one- hundred, fifty- seven (15 7) days due to utility delays, and Change Order No. 14, an 18.30% decrease, is for under -runs and liquidated damages. - Change Order — Northside Trail Extension Mr. Toy Villa, Engineering, stated this Change Order No. 7 is due to an oversight on the part of the architect of a power panel adjacent to the multi -use trail for the Lift Station. He noted that the original design should have included the relocation of the panel. - Change Order — East Bank Sewer Separation, Phase III Mr. Villa stated this is the third project where material testing was not a line item. He stated he doesn't know why the architect missed this. Mr. Inks questioned if there is a check list in the specifications to determine that all requirements are in there. Mr. Villa stated they don't have one, but need to develop one. Ms. Greene stated that if we have contractors that are continually missing items, we should be documenting that, and we should be putting it back on the contractor that if they miss it by a certain percentage, they have to cover the cost. Mr. Gilot stated he has suggested previously the need to start keeping a record. He added we should provide an Excel spreadsheet that has line items for review to the contractor. Mr. Villa noted there were also benches and trash bins that were not a line item in the original specs that had to be unbolted, removed, and stored until the work on the East Race was done, then hauled back and bolted back down. - Award of Bid — Purchase of Electrical Equipment for Union Station Technology Center Mr. John Engstrom, Engineering, stated he would hold off on the award of this bid until the regular meeting of the Board on Tuesday. He noted MacAllister did not include all of the bid items and is therefore non - responsive, and they need to clarify Cummins' bid amount. He noted they would also like to find funding to include Alternate No. 1 in the bid award. No other business came before the Board. The meeting adjourned at 11:57 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michael C. Mecham, Member nald . I s, Member W. Neal, Member Kathryn E. lKos, Member 6indM. Martin, Cler 1 1 1 1 i REGULAR MEETING JULY 24.2012 238 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, July 24, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Michael C. Mecham and Mark W. Neal present. Board Member Kathryn Roos was absent. Also present was Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of an Occupancy Permit for Holladay Construction Group. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Minutes of the Board of Works Agenda Review Session, on July 5, 2012, the Regular Meeting on July 10, 2012 and the Claims Review on July 17, 2012 were approved. OPENING AND AWARD OF BIDS — APPROVE CONTRACT — IGNITION PARK SOUTH DEMOLITIONS, PHASE 3 — PROJECT NO 112 -040 (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: JACKSON TRUCKING & EXCAVATION 9067 West 100N Kewanna, Indiana 46939 Bid was signed by: Mr. Harvey Jackson 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 D Item No. Description Total Amount Base Bid $80,000.00 Environmental Allowance El I Environmental Allowance $15,000.00 Total Base Bid Plus E1 $95,000.00 Friable ACM Allowance Items Al TS Duct Wrap 331 SFT $6.00 A2 TS 1 Duct/Joint Wrap 120 LFT $10.00 TOROK EXCAVATING & DEMOLITION 825 South Fellows Street South Bend, Indiana 46601 Bid was signed by: Mr. William Torok 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 IC P Item No. Description Total Amount Base Bid $1 15,729.00 Environmental Allowance E1 I Environmental Allowance $15,000.00 Total Base Bid Plus E1 $130,729.00 Friable ACM Allowance Items Al TS Duct Wrap 331 SFT $30.00 A2 TS 1 Duct /Joint Wrap 120 LFT $35.00 REGULAR MEETING JULY 24, 2012 239 INDIANA EARTH, INC. 10343 McKinley Highway Osceola, Indiana 46561 Bid was signed by: Mr. Mark Osler 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 on Item No. Description Total Amount Base Bid $128,020.000 Environmental Allowance E1 I Environmental Allowance $15,000.00 Total Base Bid Plus E 1 $143,020.00 Friable ACM Allowance Items Al TS Duct Wrap 331 SFT $3.00 A2 TS 1 Duct /Joint Wrap 120 LFT $3.00 GARY MATERIAL SUPPLY 7318 West 15t Avenue Gary, Indiana 46406 Bid was signed by: Mr. Otho Lvles 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 IC Item No. Description Total Amount Base Bid $270,622.00 Environmental Allowance E1 I Environmental Allowance $15,000.00 Total Base Bid Plus E1 $285,622.00 Friable ACM Allowance Items Al TS Duct Wrap 331 SFT $5,400.00 A2 TS 1 Duct/Joint Wrap 120 LFT $2,288.00 RITSCHARD BROS., INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by: Ms. Rachelle Dolniak 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 IC Item No. Description Total Amount Base Bid $154,710.00 Environmental Allowance E1 I Environmental Allowance $15,000.00 Total Base Bid Plus E1 $169,710.00 Friable ACM Allowance Items Al TS Duct Wrap 331 SFT A2 TS 1 Duct /Joint Wrap 120 LFT U 1 1 REGULAR MEETING JULY 24, 2012 240 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Engineering and Community and Economic Development for review and recommendation. After reviewing those bids, Mr. John Engstrom, Engineering, recommended that the Board award the contract to the lowest responsive and responsible bidder Jackson Trucking & Excavating in the amount of $95,000.00 for the Base Bid plus the Environmental Allowance. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Mecham seconded the motion, which carried. Mr. Gilot made note that this company is a Minority Business Enterprise. OPENING OF BIDS — 3.5 MILLION GALLON IRELAND ROAD RESERVOIR EXTERIOR REPAINTING — PROJECT NO. 112 -036 (WATER WORKS 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: TMI COATINGS, INC. 3291 Terminal Drive St. Paul, Minnesota 55121 Bid was signed by: Ms. Tracy Gliori 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 on Base Bid $223,400.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $8,000.00 Total Base Bid + Alternate A -1 $231,400.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($500.00) Total Base Bid + Alternate A -1 — Alternate A -2 $230,900.00 SUPERIOR INDUSTRIAL MAINTENANCE COMPANY 4801 Stough Road Concord, North Carolina 28027 Bid was signed by: Mr. Steven Smith 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 IC Base Bid $345,483.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $19,000.00 Total Base Bid + Alternate A -1 $364,483.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($4,000.00) Total Base Bid + Alternate A -1 — Alternate A -2 $360,483.00 MAXCOR, INC. 21745 South Moni Drive New Lenox, Illinois 60451 Bid was signed by: Mr. John Sullivan 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 we REGULAR MEETING JULY 24, 2012 241 Base Bid $195,800.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $18,000.00 Total Base Bid + Alternate A -1 $213,800.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($9,500.00) Total Base Bid + Alternate A -1 — Alternate A -2 $203,800.00 L.C. UNITED PAINTING CO., INC. 3525 Barbara Drive Sterling Heights, Michigan 48310 Bid was signed by: Mr. Joe Lucas 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 :D Base Bid $159,000.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $14,500.00 Total Base Bid + Alternate A -1 $172,500.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($1,000.00) Total Base Bid + Alternate A -1 — Alternate A -2 $171,500.00 HORIZON BROS PAINTING CORP., INC. 1053 Kendra Lane Howell, Michigan 48843 Bid was signed by: Mr. Dino Gjolaj 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 :M Base Bid $210,000.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $22,000.00 Total Base Bid + Alternate A -1 $232,000.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($500.00) Total Base Bid + Alternate A -1 — Alternate A -2 $231,500.00 CLASSIC PROTECTIVE COATINGS, INC. N7670 State Highway 25 Menomonie, Wisconsin 54751 Bid was signed by: Mr. Ray Witke 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 . p Base Bid $366,400.00 Alternates A -1 Apply Logo to Tank, per Section 09 97 13, lump sum $4,000.00 Total Base Bid + Alternate A -1 $370,000.00 A -2 Deduct to Total Base Bid if antennae and cabling are removed prior to painting, lump sum ($10,000.00) Total Base Bid + Alternate A -1 — Alternate A -2 $360,400.00 �I 1 i� 1 REGULAR MEETING JULY 24, 2012 242 Ms. Greene noted that Horizon Bros. Painting Corp., Inc., did not return acknowledgements for Addendum 1 or 2. Mr. Gilot stated the Board will normally allow twenty -four (24) hours for the bidder to fax a copy of the acknowledgement previously received, but in this case it is probably irrelevant since they are not the low bidder. Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the above bids were referred to Water Works for review and recommendation. OPENING AND AWARD OF BIDS — APPROVE CONTRACT — FACADE IMPROVEMENTS FOR LOT 4 OF IGNITION PARK — PROJECT NO 112 -025 (AEDA TIE) 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 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 Five percent (5 %) Bid Bond was submitted we Base Bid $914,755.00 Completion Completion Part 1: 10/31/12 Alt 1 $914,755.00 Completion 12/28/12 11/16/12 Alt 2 $884,755.00 Completion 12/28/12 11/30/12 PRECISION WALL SYSTEMS 3801 South Main Street South Bend, Indiana 46614 Bid was signed by: Mr. James Mroz 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 .M Base Bid No Bid Completion Part 1: Alt 1 $944,382.00 10/31/12 — Part2: 12/28/12 Alt 2 $975,000.00 Completion 12/28/12 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 for review and recommendation. After reviewing those bids, Mr. Patrick Henthom, Engineering, recommended that the Board award the contract to the lowest responsive and responsible bidder Shaffner Heaney Associates in the amount of $914,755.00 for the Base Bid. He noted the completion date for this bid amount is October 31, 2012, but the bid increases the budget by $80,000.00. Mr. Jitin Kain, Economic Development, stated the owner of the property is pushing for early completion, and the extra amount is worth the time saved on the project. Mr. Inks stated he understood the electrical work was still three (3) to four (4) months away from completion. Mr. Kain stated they are still on schedule to open in October. Therefore, Mr. Gilot made a motion to approve the award and contract to Shaffner Heaney Associates subject to approval of funding by the Redevelopment Commission, and authorize Mr. Inks to meet with Data Realty to work out the REGULAR MEETING JULY 24, 2012 243 schedule and act on the details of the budget on behalf of the Board. Mr. Mecham seconded the motion, which carried. Additionally, Mr. Gilot asked that the low bidder be asked to provide a Change Order deduction to slim up the fagade work to bring it in under budget. OPENING AND AWARD OF BIDS — APPROVE CONTRACT — 2012 STREET MATERIALS (CONCRETE) — PROJECT NO. 112 -OOIB (CONCRETE: STREETS /CURB AND SIDEWALK; AGGREGATE: SEWERS /CURB & SIDEWALK) 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 bid was opened and publicly read: KUERT CONCRETE 3402 Lincoln Way West South Bend, Indiana 46628 Bid was signed by: Mr. Tim Miller 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 . p Item No. Description Qty Unit Unit Price Total Amount Amount No. 53 Gravel (No Local Gravel) 3,000 TON No Bid No Bid 1 2• Green Pontiac Grand Prix 1995 $276.00 2 Delivery Fee for No. 53 Gravel 3,000 TON No Bid No Bid 3 Class A Concrete (more than 4 2,000 CYD $83.50 $167,000.00 1997 CYD.) $312.00 6- Green Honda Accord 1989 4 Class A Concrete (Less than 4 500 CYD $93.50 $46,750.00 $200.00 CYD.) Total Amount of Bid (Items 1 through 4) $213,750.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to Sewers and Engineering for review and recommendation. After reviewing the bid, Mr. John Engstrom, Engineering, recommended that the Board award the contract for concrete materials, Item Nos. 3 and 4, to the lowest responsive and responsible bidder, Kuert Concrete, in the unit price amounts bid, not to exceed $213,750.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded and the Contract approved as outlined above. Mr. Inks seconded the motion, which carried. OPENING AND AWARD OF BIDS — SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referenced vehicles. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: on 1 Steve Hubler Terry's Auto Salvage No. Description Year Amount Amount 1- Red Chevrolet Cavalier 1997 $556.00 $389.00 2• Green Pontiac Grand Prix 1995 $276.00 3• Silver Lincoln Continental 1999 $876.00 $275.00 4• Silver Toyota Camry 1995 $526.00 $260.00 5- Red Pontiac Grand Prix 1997 $312.00 6- Green Honda Accord 1989 $202.00 7. Gray Mercedes 190E 1988 $200.00 1 1 REGULAR MEETING JULY 24, 2012 244 8- Green Volkswagon Passat "` 1993 I $50.00 $204.00 9- White Chevrolet Box Truck 1981 $210.00 10. Red Chevrolet Truck 1977 $265.00 11. Gray /Red Ford Econoline 1981 $260.00 12- Blue Chevrolet Van 1985 $262.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Code Enforcement for review and recommendation. Upon review, Ms. Kathy Eli, Code Enforcement, recommended the awards to the highest responsive and responsible bidders as shown above in bold. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Inks seconded the motion, which carried. OPENING OF QUOTATIONS — LEEPER PARK ODOR REDUCTION — FILTER BIO -BED REPLACEMENT - PROJECT NO 112 -047 (ENVIRONMENTAL SERVICES CONTRACTUAL SERVICES) 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: SELGE CONSTRUCTION CO. INC. 2833 South l 11h Street Niles, Michigan 49120 Quotation was submitted by Mr. James Boyles 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 OUOTATION: Base Bid 1 $24,400.00 Plenum — Unit Price per Ton I $50.00 HRP CONSTRUCTION PO Box 266 South Bend, Indiana 46624 Quotation was submitted by Mr. Paul Fallon 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 OUOTATION: Base Bid $34,000.00 Plenum — Unit Price per T on $30.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above Quotations were referred to Environmental Services and Engineering for review and recommendation. TABLE BID AWARD — PURCHASE OF ELECTRICAL EQUIPMENT FOR UNION STATION TECHNOLOGY CENTER — PROJECT NO 112 -046 (AEDA TIF) Ms. Linda Martin, Clerk of the Board, stated Mr. John Engstrom, Engineering, advised her that he was requesting to delay this bid award until the next Board meeting. Therefore, Mr. Gilot made a motion that the award be tabled. Mr. Inks seconded the motion, which carried. AWARD QUOTATION AND APPROVE CONTRACT — VIRTUAL ETHERNET SERVICE PROJECT NO. 112 -045 — SIXTEEN (16) WATER WORKS FACILITIES (WATER WORKS O &M) Mr. John Wiltrout, Water Works, advised the Board that on June 26, 2012, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Wiltrout recommended that the Board award the contract to the lowest responsive and responsible bidder, U.S. Signal, 201 Ionia Avenue SW, Grand Rapids, Michigan 49503, in the REGULAR MEETING JULY 24, 2012 245 amount of $2,864.00 monthly with a one -time non - recurring fee of $4,800.00. Therefore, Mr. Inks made a motion that the recommendation be accepted, the quotation be awarded and the contract approved as outlined above. Mr. Neal seconded the motion, which carried. APPROVE CHANGE ORDER NO. 13 — EDDY STREET /COLFAX AVENUE AND EDDY STREET /LASALLE AVENUE INTERSECTION RECONSTRUCTION — PROJECT NO. 104- 033 (FHWA/INDOT) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 13 on behalf of Brooks Construction Company, Inc., 625 South Beiger St., Mishawaka, Indiana, indicating the contract amount be increased by one - hundred, fifty -seven (157) days due to utility delays. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 14 — EDDY STREET /COLFAX AVENUE AND EDDY STREET /LASALLE AVENUE INTERSECTION RECONSTRUCTION PROJECT NO. 104- 033 (FHWA/1NDOT) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 14 on behalf of Brooks Construction Company, Inc., 625 South Beiger St., Mishawaka, Indiana, indicating the contract amount be decreased by $235,124.38 for a modified contract sum, including this Change Order, in the amount of $1,204,812.28. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Order was approved. Mr. Gilot made note that the City is responsible for 20% of the funds for this project, so there should be a refund coming. APPROVE_ CHANGE ORDER NOS. 5, 6, AND 7 — NORTHSIDE TRAIL EXTENSION — PROJECT NO. 110 -001 (CMAQ /FHWA) Ms. Thia Vawter, Engineering, submitted three Change Orders on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana for the above referenced project. Change Order No. 5 is for a time extension of forty (40) days; Change Order No. 6 is an increase of $21,736.00 for a modified contract sum of $1,615,703.92; and Change Order No. 7 is an increase of $13,448.00 for a modified contract sum of $1,629,151.92. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Orders were approved as outlined above. APPROVE CHANGE ORDER NO. 4 — IGNITION PARK PHASE I — PROJECT NO 111- 073 (AEDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 on behalf of Selge Construction Co., Inc., 2833 South 11 Street, Niles, Michigan indicating the contract amount be increased by $146,675.00 for a modified contract sum, including this Change Order, in the amount of $2,492,581.72. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — EAST BANK SEWER SEPARATION PHASE III — PROJECT NO. 111 -069 (2012 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Rieth Riley Construction Co., Inc., PO Box 1775, 25200 State Road 23, South Bend, Indiana, indicating the contract amount be increased by $30,091.70 for a modified contract sum, including this Change Order, in the amount of $2,260,581.13. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — LINCOLNWAY WEST STREETSCAPES IMPROVEMENTS — PROJECT NO. 111 -080 (COIT) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of TGB Unlimited, Inc., 25020 State Road 2, South Bend, Indiana, for the above referenced project, indicating a final cost of $46,139.00. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — SALE OF CITY -OWNED PROPERTY — 403 EAST DAYTON STREET In a memorandum to the Board, Ms. Debrah Jennings, Community and Economic Development, stated Mr. Eligion Marquez has requested to purchase the vacant lot located at 403 E. Dayton Street, next to his property. Ms. Jennings stated the City has no need for the property, the intended use of the petitioner is appropriate, and the petitioner is eligible to purchase. Therefore, Ms. Jennings requested the Board proceed with the disposition and advertise for the receipt of REGULAR MEETING JULY 24, 2012 246 bids for the above referenced property. 'Therefore, upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — ORGANIC RESOURCES SITE IMPROVEMENTS — PROJECT NO. 112 -011 (ORGANIC RESOURCES) In a memorandum to the Board, Mr. Jacob Klosinski, Environmental Services, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE, 2012 OR NEWER, NEW FOUR -WHEEL DRIVE MECHANICAL STREET SWEEPER (2012 SEWER DEPT CAPITAL LEASE PRINCIPAL AND CAPITAL LEASE INTEREST) In a memorandum to the Board, Mr. Matthew Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the above request was approved. ADOPT RESOLUTION NO. 39 -2012 — DISPOSAL OF SURPLUS PROPERTY 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. 39-2012 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, OFFICER SCOTT ROSS will retire effective August 14, 2012, from the South Bend Police Department after more than twenty -one (21) 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 61966, 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 24TH Day of JULY 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks REGULAR MEETING s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk JULY 24, 2012 247 ADOPT RESOLUTION NO. 40 -2012 — RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, INDIANA (EDISON ROAD LEFT TURN LANE AT GORDON DRIVE) Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 40-2012 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS RELATED TO ACQUISITION OF PROPERTY IN THE CITY OF SOUTH BEND, . INDIANA (Edison Road Turn Lane at Gordon Drive Project) WHEREAS, the City of South Bend, Indiana ( "City ") is a municipality for purposes of Indiana Code §32- 24 -2 -2; and WHEREAS, the City has determined that it is necessary to open, change or layout a street located within the City, to -wit: Edison Road Added Left Turn Lane at Gordon Drive ( "Project "), which Project will serve a public purpose, be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City; and WHEREAS, pursuant to Indiana Code §36 -9 -6 -3 and Indiana Code §32- 24 -2-4, the City of South Bend, Indiana, Board of Public Works is the entity vested with the authority and power to acquire, receive, manage and care for the property of the City and to construct the Project; and WHEREAS, in order to properly complete the Project it is necessary to acquire and the City wants to acquire temporary right -of -way of parcels as set forth in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Temporary ROW Property is owned by the persons or entities set forth in Exhibit "A "; and WHEREAS, the Temporary ROW Property will be used by the City during construction on the Project in order to adjust new curbs to match the new roadway and turn lane being built, and upon completion of the Project, the Temporary ROW Property will be returned to the persons or entities set forth in Exhibit "A" ; and WHEREAS, the Board desires to authorize staff to present and negotiate offers for the Temporary ROW Property on behalf of the Board subject to the Board's final approval of any negotiated purchase of the Temporary ROW Property; and WHEREAS, the acquisition price of all of the Temporary ROW Property is not expected to exceed Eighteen Thousand Four Hundred and 00 /100 Dollars ($18,400.00). NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board hereby finds that the Project and the acquiring of the Temporary ROW Property will serve a public purpose, will be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City and that it is necessary for the City to acquire the Temporary ROW Property for the use of the municipality in order to complete the Project. 2. The staff of the Board is authorized and directed to cause a notice of this resolution to be published in a newspaper of general circulation published in the City once each L F�� REGULAR MEETING JULY 24, 2012 248 week for two (2) consecutive weeks, setting this resolution for further consideration on August 14, 2012, at 9:30 a.m. in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from persons interested in or affected by this resolution, consider those remonstrances, if any, and take final action confirming, modifying or rescinding this resolution. 3. The staff of the Board is further authorized to make an offer in writing to the owner(s) identified in Exhibit "A" at the concurred -on price stated in Exhibit "A ". Any negotiated purchase shall be subject to the Board's final approval. In negotiating the offers, it is understood that the owner(s) of the Temporary ROW Property may change and that staff may continue to negotiate and secure the Temporary ROW Property prior to the date of final consideration of this resolution provided that the final amount is not to exceed Eighteen Thousand Four Hundred and 00 /100 Dollars ($18,400.00). ADOPTED at the meeting of the City of South Bend, Indiana, Board of Public Works held on July 24, 2012, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk APPROVAL OF AGREEMENTS /CONTRACTS /PROPOSALS /ADDENDA The following Agreements /Contracts/Proposals /Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Second Deed of University Dedication of Right -of- $1.00 Inks/Neal Dedication Notre Dame du Way South of Napoleon Lac (Grantor) Street from Georgiana Street to Burns Street for Use as an Alley Caregiver REAL Transfer of Deposit; $7,897.74 Inks/Neal Connection Services, Inc. Reduce REAL Services (Reduce CDBG Program CDBG -R Contract Recovery; Contract Program Income, and Increase Amendments Transfer to 2011 CDBG CDBG) Nos. 3 and 4 Contract for Increase Capital Lease PNC 1.) 2012 Vehicles Capital $2,806,054.00 Inks/Neal; Financing Equipment Lease Financing; (Various Agreement Finance, LLC 2.)Authorize Mr. Neal to Departmental Gilot/Mecham Sign any Documents Capital Lease Necessary for Closing Principal and Interest Accounts) Contract Kaser's City's Annual Vehicle, 5% of Inks/Neal Auction Equipment, and Commission Service Miscellaneous Items from Sale Auction Professional Greeley and Conduct Peracetic Acid $31,500 Mecham/Inks Services Hansen, LLC Stakeholder's Meetings (Environmental Agreement Services O &M) Professional Coker Develop Alternatives and $3,960 Inks / Mecham Services Composting Cost Estimates for (Environmental Agreement and Consulting Disposing of Compost Services REGULAR MEETING JULY 24, 2012 249 APPROVAL OF PERMITS The following street closures and processions were presented for annroval: Applicant Description Materials with High Contractual Motion Plastics Content and Services) Carried Mount Carmel Block Party — Marketing Opportunities St. Joseph Street from Inks/Neal Addendum to Redevelopment Add Energy Management AEDA TIF Inks/Neal the Master Department Plan — Phase I — Study for Haney Avenue Agency the Renaissance District Agreement Block Party — and Related Area Blaine Avenue from Mecham/Neal Professional Adrian Smith + Energy Management Plan $84,500 Inks/Neal Services Gordon Gill — Phase I — Study for the (AEDA TIF) Agreement Architecture Renaissance District and Washington Street from Inks/Neal Lake Reunion Related Area Falcon Street to Dundee Professional TBD 1.) Authorize Controller to TBD Inks / Mecham; Services Neighborhood Act as Signatory Agent for (IT Capital) Inks/Mecham Agreement Block Party Board of Works for Rockne Drive to Cherry Licensing Agreement for Tree Lane Office 365 Email Lynn Special Event — Replacement Project; Lafayette Blvd. from Inks/ Kachmarik Urban 2.) Authorize Mr. Neal to Western Ave. to South Gilot/Neal Adventure Sign any Documents Street Closed; Use of Needed on Behalf of the Various Streets and Board Sidewalks throughout APPROVAL OF PERMITS The following street closures and processions were presented for annroval: Applicant Description Date /Time Location Motion Carried Mount Carmel Block Party — July 30 to St. Joseph Street from Inks/Neal Missionary Vacation Bible August 2, 2012; Indiana Avenue to East Baptist Church School 5:30 p.m. to Haney Avenue 8:00 p.m. Faith Baptist Block Party — August 12, Blaine Avenue from Mecham/Neal Church Annual Picnic 2012; 7:00 a.m. Vassar Street to from 7:00 p.m. California Avenue Lake Reunion Block Party — August 4, 2012; Washington Street from Inks/Neal Lake Reunion 8:00 a.m. to Falcon Street to Dundee 6:00 p.m. Street (Including Alleys) Greta and Jay Neighborhood August 12, Coquillard Drive from Inks/Mecham Lewis Block Party 2012; 10:00 Rockne Drive to Cherry a.m. to 3:00 Tree Lane p.m. Lynn Special Event — July 28, 2012; Lafayette Blvd. from Inks/ Kachmarik Urban 6:00 a.m. to Western Ave. to South Mecham Adventure 3:00 p.m. Street Closed; Use of Various Streets and Sidewalks throughout the City Paul Phair Special Event - August 3 and 4, Jefferson Boulevard Mecham /Inks On the River 2012; 7:00 a.m. from St. Joseph Street to Festival to 11:00 P.M. Niles Avenue South Bend Procession — July 28, 2012; On Route as Submitted Gilot/Inks Park Kids Triathlon 7:00 a.m. to Department 1:00 P.M. Holladay Temporary July 2012 123 No. St. Joseph St., Gilot /Inks Construction Occupancy through Double Tree Hotel Mr. Mecham Group LLC Permit December 2012 to Work with Engineering Staff to set Bond Consistent with Previous Work u 1 F i REGULAR MEETING JULY 24, 2012 250 FAVORABLE RECOMMENDATION - PETITION TO VACATE THE NORTH HALF OF THE NORTH /SOUTH ALLEY BETWEEN ST. PETER STREET AND NOTRE DAME AVENUE, SOUTH OF HOWARD STREET Mr. Scott Kidder, 919 Notre Dame Ave., South Bend, Indiana, and Jamey High, 925 Notre Dame Ave., South Bend, Indiana, submitted a request to vacate the above referenced alley. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from Community and Economic Development and the Police Department. Mr. Carl Littrell, Engineering, stated this is a good idea if a way can be found to service the office building's loading dock in harmony with the neighbor's wishes. He noted that this request was discussed a few years ago but the owners of the former business objected. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would block access to a fire hydrant located behind the commercial building at the southeast corner of St. Peter and Howard Streets. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right -of -way by the neighborhood in which it is located or to which it is contiguous. The Fire Department recommended against the petition due to a commercial building on the northeast corner of St. Peter Street with the Fire Department connection on the alley being requested to vacate. They noted that this alley has the hydrants on the Howard Street side for water protection to the back of the structures between the streets. Mr. Mecham stated they can access the alley from the southern half alley not vacated and the full east/west . alley. Mr. Jitin Kain, Economic Development, informed the Board that he sent an easement agreement to the petitioners and they are drafting their own agreement with the neighbors and will forward it once complete. He noted that the petitioners are attorneys. Therefore, Mr. Gilot made a motion that the Clerk send a letter to the petitioners recommending approval of the request for the vacation of the full alley, subject to an easement agreement between all of the parties involved. Mr. Inks seconded the motion which carried. RATIFY APPROVAL AND /OR RELEASE OCCUPANCY CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Occupancy, Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as follows: Business Bond Type Approved/ Released Effective Date Shawnee Construction & Engineering, Inc. Occupancy Release June 30, 2012 Anthony Winkel Contractor Approved July 5, 2012 Eric Frye DBA Elf Excavating I Excavation 1 Approved I July 5, 2012 Concord Electric, Inc. Excavation Approved July 9, 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 $2,520,453.34 07/20/2012 City of South Bend $2,062,758.98 07/24/2012 City of South Bend $4,192,541.51 07/20/2012 St. Joseph County Housing Consortium $30,479.26 07/03/2012 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Mecham seconded the motion, which carried. Mr. Gilot recused himself from the vote, stating he has submitted an invoice to the City for his services as a consultant, and he does not know if it is part of these claims. Mr. Inks asked if there is something the Board can do to put in the record that Mr. Gilot is not voting on his own payment claim for the future. Ms. REGULAR MEETING JULY 24, 2012 251 Greene stated the Board can put on the record that it is unknown which batch of claims Mr. Gilot's invoice is in and therefore Mr. Gilot recuses himself from voting on any of his own claims. Therefore, Mr. Inks made a motion that Mr. Gilot be recused from voting on any claim for himself for the duration of his remaining term with the City. Mr. Mecham seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local Union No. 645, asked if the Change Order for Brook's Construction Co. is for an old project. Mr. Gilot stated this Eddy Street /Colfax Street and Eddy Street/LaSalle Avenue Intersection Reconstruction is a really old project. He explained this is an INDOT project; they are in charge, and they gave Brooks Construction one - hundred, fifty -seven (157) additional days. He noted the City is only responsible for 20% of the funding. He added that the Change Order for the deduction for this project is due to a lot of liquidated damages because of the delay. Mr. Phil Custard, Purchasing, stated this will be his last Board of Work's meeting due to his retirement at the end of the month. He stated it has been a pleasure working with all of the Board members and it's been a learning experience. He thanked the Board members. The Board thanked Mr. Custard for all of his assistance and a job well done, and stated he will be greatly missed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the meeting adjourned at 10:52 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michael Mecham, Member Neal, Member i , da M. Martin,'Cteik 1