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HomeMy WebLinkAbout08/14/12 Board of Public Works Minutes1 AGENDA REVIEW SESSION AUGUST 9.2012 254 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, August 9, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Kathryn E. Roos, and Michael C. Mecham 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 to the agenda of a Request to Advertise for Data Realty Parking Lot Paving and Landscaping, and a request to move Item No. 8G, Resolution No. 47 -2012, on the Regular Meeting Agenda to Item No. 3 on the Agenda Review Session Agenda. APPROVAL OF AGREEMENTS /CONTRACTS /PROPOSALS /ADDENDA The following Agreements /Contracts /Proposals /Addenda were submitted to the Board for approval: Type Business Description Amount Motion/ Amendment to Redevelopment Main Street/Lafayette N/A Second Inks /Roos the Addendum Commission Boulevard Corridor to the Master Supplement No. 6 — Agency Project No. 110 -058A Agreement Addendum to Redevelopment Morris Performing Arts N/A Inks/Roos the Master Commission Center Orchestra Pit Lift Agency System — Project No. Agreement 112 -049 Letter of Morris Oversee Morris N/A Inks / Mecham Understanding Entertainment, Performing Arts Center Inc. Orchestra Pit Lift System Installation — Project No. 112 -049 Access Morris Permit Access to Morris N/A Inks / Mecham Agreement Entertainment, Performing Arts Center Inc. for Orchestra Pit Lift System Installation — Project No. 112 -049 Agreement enFocus Entrepreneurial Scoping NTE Roos /Inks and Brainstorming to $40,000.00; Provide the City with $20,000.00 Improved Data Use and Allocated Management for Better for 2012 Effectiveness and (EDIT) Efficiency of City Services OPENING AND AWARD OF QUOTATION — APPROVE CONTRACT MAIN STREET /LAFAYETTE BOULEVARD CORRIDOR DEMOLITIONS — PROJECT NO. 110 - 058A (SSDA TIF) 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: JACKSON SERVICES 1674 North 750W Rochester, Indiana 46975 Quotation was submitted by Ms. Beverly Jackson QUOTATION: $37,000.00 JACKSON TRUCKING & EXCAVATING 9067 West 10ON Kewanna, Indiana 46939 Quotation was submitted by Mr. Harvey Jackson, III AGENDA REVIEW SESSION QUOTATION: $37,690.00 TOROK EXCAVATING 825 South Fellows Street South Bend, Indiana 46601 Quotation was submitted by Mr. Bill Torok QUOTATION: $67,673.00 R &R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Quotation was submitted by Ms. Beverly Jackson QUOTATION: $37,000.00 AUGUST 9.2012 255 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above Quotations were referred to Community and Economic Development and their consultant for review and recommendation. After reviewing those quotations, Mr. Patrick Henthorn, Engineering, recommended that the Board award the contract to the lowest responsive and responsible bidder, Jackson Services, in the amount of $37,000.00. Therefore, Ms. Roos made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Mecham seconded the motion, which carried. ADOPT RESOLUTION NO. 47 -2012 — AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO THE DEPARTMENT OF PUBIC WORKS' EQUIPMENT Ms. Greene stated the closing on this lease /purchase is scheduled for next Tuesday and she is therefore requesting that in addition to approving the following Resolution, the Board authorize her to negotiate any documents necessary to close on this lease, and circulate the documents for signature by the Board. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works and Ms. Greene was authorized as requested to negotiate any further documents needed to facilitate closing: RESOLUTION NO. 47-2012 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 DEPARTMENT OF PUBLIC WORKS' EQUIPMENT WHEREAS, the City of South Bend, Indiana, 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 WHEREAS, the CITY OF SOUTH BEND ( "Lessee ") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 05 to the Master Lease Agreement (collectively, the "Lease ") with PNC EQUIPMENT FINANCE, LLC., the form of which is attached hereto and incorporated herein as Exhibit "A" has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with PNC EQUIPMENT FINANCE, LLC., (the "Escrow Agent ") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement ") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and 1 U 1 AGENDA REVIEW SESSION AUGUST 9, 2012 256, WHEREAS, Lessee proposes to enter, into the Lease with PNC EQUIPMENT FINANCE, LLC., and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The City Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on August 9, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Michael C. Mecham ATTEST: s /Linda M. Martin, Clerk Board members discussed the following item(s) from the agenda. - Change Order — LaSalle School Area Sewer Separation Mr. John Engstrom, Engineering, stated when digging for installation of the sewer pipe located between Manhole No. 2 and No. 3, unsuitable wet slurry type material was encountered that had to be removed, and a geo- textile material and stones, brought in. Mr. Gilot stated decent soil borings were performed at each of the manholes; the problem encountered was located between two of those manholes once excavation began. Mr. Gilot noted they encountered differing site conditions after doing thorough site testing; they should be able to negotiate on unit prices. He stated there is standard language in the City contract if there's deviation in excess of a certain percentage, the City can negotiate unit prices. Mr. Toy Villa, Engineering, stated he would talk to the contractor and try to negotiate. - Addendum to Master Agency Agreement — Memorial Skyway Building Window Replacement Mr. David Relos, Community and Economic Development, stated the Memorial Skyway Fagade Project came in under budget, so there is now money for the window replacement. He noted the windows were originally part of the project, but removed to assure enough funds for the fagade. - Professional Services Contract — Phase II North Station Roof Restoration AGENDA REVIEW SESSION AUGUST 9, 2012 257 Mr. John Wiltrout, Water Works, stated this roof is very old and is going to be expensive to replace, but it has to be done. Mr. Gilot noted this is a historical building and a Certificate of Appropriateness would be needed from the Historical Preservation Society. - Request to Advertise — Two (2), More or Less, Custom Top Mount Pumpers Mr. Jeff Hudak, Equipment Services, stated a group consisting of Fire Department and Equipment Services personnel met several times to draw up the specifications on this equipment. Fire Chief Steve Cox stated the specifications for this equipment are more wide open than previously and he anticipates more bids coming in. Chief Cox stated he believes this will be to the City's advantage; the bids should be more competitive. Ms. Greene asked how this equipment will be financed, if there are any time constraints on entering into a lease. Chief Cox stated he has worked out the financing with John Murphy, Administration and Finance, and the money is Qoming out of next year's capital budget. Ms. Greene noted that the Fire Department has made a huge step up on bidding procedures and should be commended for that. Mr. Hudak added that this time the Fire Department is getting a lot of feedback from the users of the equipment to help design the specifications. - Award Bid — Natural Gas Procurement Mr. Jonathon Burke, Energy Department, stated this is for the procurement of natural gas for all City buildings. Mr. Gilot noted this award should be in unit prices, per therm. Mr. Burke added that CenterPoint Energy was found non - responsive to the bid. Mr. Inks asked Mr. Burke if they were the low bidder. Mr. Burke stated they didn't give the full cost; they used different parameters than the specs called for. Ms. Greene stated she met with Mr. Burke and found CenterPoint non - responsive to the bid. She requested Mr. Burke prepare a memo for the Board for Tuesday's meeting showing exact comparable numbers to Nipsco. Mr. Burke stated that looking at history, the savings add up to about $130,000.00 per year. - Change Order — Installation of 62.9 KW Hydroelectric Turbine Mr. Jonathon Burke, Energy Department, stated the City will only be responsible for $23,000.00 of this $151,606 increase. The rest of the project increase will be funded by a grant. Ms. Greene stated she met with Mr. Burke and went through the changes in great detail, and the majority are due to unforeseen circumstances, not changes to the scope of work, and therefore do not count against the 20% cap. She stated only 2.22% are changes to the scope of work. - Enterprise License Agreement — Unlimited Software and Maintenance, Services and Training for Three Years Ms. Deb Kuehn, GIS, stated this three (3) year agreement gives the City access to all of ESRI's services and some Cloud space with the license. Mr. Gilot added that bundling makes sense; it allows the City to do projects they've had to pay for in the past, with the additional services access. Ms. Roos stated it would be great if this includes training for every department, including training on new possibilities with the software. She added the cost of the program versus the savings created should be tracked. Mr. Henthorn stated one of the new features includes a 3 -D license that can be used for urban planning. Mr. Gilot requested Mr. Henthorn work with Mr. Shawn Hipsher, Environmental Services, to set up quarterly training to make sure it is accessible to everyone. Professional Services Agreement — Optimatics Mr. Patrick Henthom, Engineering, stated this increase is to correct a math error in the amount of $3,946.00 on the first part of the Optimization of South Bend Collection System LTCP project that was brought before the Board. He noted he later discovered an error in one of the number cells. The other part of the $63,453.00 is for an option the City elected not to take advantage of the first time around. Award Bid — 8,000, More or Less, 96 Gallon Universal/Nestable Refuse Containers Mr. Jack Dillon, CSO LTCP Manager; asked if someone calls because their trash pick -up was missed, is the City going to come back and pick it up. Mr. Gilot stated the City will come back the first time, but the tags for the tracking system will allow them to track and create a record, and you will be charged in the future. Mr. Dillon stated that any fees will need to be approved by the Common Council. Change Order — 2012 Manhole and Sewer Rehabilitation Ms. Greene stated that the City incurred a lot of liability from a lawsuit from an injury due to an unsafe manhole cover. She noted it is in the best interest of the City to repair or replace any additional unsafe manholes, and that is what this 20% Change Order increase is to cover. The Clerk was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 12:13 p.m. AGENDA REVIEW SESSION BOARD OF PUBLIC WORKS Gary A. Gilo , President t Do ald E nks, Member Kathryn E. os, ember AUGUST 9, 2012 258 Michael C. Mecham, Member F (�) — ark W. Neal, Member hffida M. Martin, Clerk REGULAR MEETING AUGUST 14, 2012 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, August 14, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Kathryn E. Roos, and Mark Neal present. Also present was Board Attorney Cheryl Greene. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of a Professional Services Amendment for Gibson Insurance Company. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the minutes of the Agenda Review of July 19, 2012, the Regular Meeting of July 24, 2012, and the Claims Review meetings of July 31, 2012 and August 7, 2012, were approved. OPENING OF BIDS — SALE OF CITY -OWNED PROPERTY — 403 EAST DAYTON STREET This was the date set for receiving and opening of sealed bids for the above referenced property. 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: CINDER GRANT 132 East Dayton Street South Bend, Indiana 46613 BID: $350.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to Community and Economic Development for review and recommendation. OPENING OF BIDS — ONE (1) OR MORE 2012 OR NEWER NEW FOUR-WHEEL MECHANICAL STREET SWEEPER (2012 SEWER DEPARTMENT CAPITAL LEASE PRINCIPAL AND CAPITAL LEASE INTEREST) This was the date set for receiving and opening of sealed bids for the above referenced equipment. 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: BROWN EQUIPMENT CO., INC PO Box 9799 Fort Wayne, Indiana 46899 -9799 Bid was signed by: Mr. Douglas Brown 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 IBM REGULAR MEETING AUGUST 14, 2012 259 2012 or Newer Four -Wheel Mechanical Street Sweeper Global Sweeper M4 $203,000.00 Trade -Ins 2002 2273, Ford Sweeper ($5,000.00) 2007 2274, Freightliner Sweeper ($27,000.00) 2007 2276, Freightliner Sweeper ($27,000.00) 2007 2277, Freightliner Sweeper ($27,000.00) Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bid was referred to Equipment Services and Sewers for review and recommendation. OPENING OF BIDS — ORGANIC RESOURCES SITE IMPROVEMENTS — PROJECT NO. 112 -011 (ORGANIC RESOURCES) 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: WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Kevin Kelly 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 BID: $436,918.30 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to Environmental Services for review and recommendation. OPEN AND REJECT BID AND APPROVE RE- ADVERTISING — RUSHTON APARTMENT RENOVATION — PROJECT NO. 112 -037 (WWCDA TIFF 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: 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 no Base Bid $757,200.00 Base Bid With Alternates $901,800.00 Alternate 1 $86,800.00 Alternate 2 ($3,400.00) Alternate 3 N/A Alternate 4 ($13,400.00) Alternate 5 ($11,900.00) Alternate 6 ($6,100.00) Alternate 7 $55,100.00 Alternate 8 ($11,300.00) Alternate 9 $48,800.00 1 1 1 REGULAR MEETING AUGUST 14 2012 260 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to the architect and South Bend Heritage for review and recommendation. After reviewing those bids, Mr. Greg Kil, Kil Architecture, recommended that because the sole bid came in over the approved budget, the Board reject the bid and approve the re- advertising of the project. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be rejected and the project rebid. Ms. Roos seconded the motion, which carried. AWARD BID — 8,000 (EIGHT- THOUSAND) MORE OR LESS UNIVERSAL/NESTABLE REFUSE CONTAINERS (2013 SOLID WASTE CAPITAL LEASE PRINCIPAL AND CAPITAL LEASE INTEREST) Mr. Matthew Chlebowski, Central Services, advised the Board that on April 24, 2012, bids were received and opened for the above referenced items. After reviewing those bids, Mr. Chlebowski recommended that the Board award the contract to the lowest responsive and responsible bidder Pyramid Equipment, 211 South Prairie Street, Rolling Prairie, Indiana 46371, in the amount of $47.00 each with two RFID Tag Readers at $5,500.00 each for a total of $387,000.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — PRE-QUALIFICATION OF BODY SHOP REPAIR SERVICES (DEPARTMENTAL BUDGETS) Mr. Jeffrey Hudak, Central Services, advised the Board that on July 10, 2012, bids were received and opened for the above referenced service. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidders, Gurley Leep Collision Express, Mishawaka, 5302 Grape Road, Mishawaka, Indiana 46545, and Gurley Leep Collision Express, Southside, 320 East Ireland Road, South Bend, Indiana 46614, in unit prices. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — 3.5 MILLION GALLON IRELAND ROAD RESERVOIR EXTERIOR REPAINTING — PROJECT NO. 112 -036 2012 WATER WORKS CAPITAL) Mr. John Wiltrout, Water Works, advised the Board that on July 24, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Wiltrout recommended that the Board award the contract to the lowest responsive and responsible bidder L.C. United Painting Co., Inc., 3525 Barbara Drive, Sterling Heights, Michigan 48310, in the amount of $172,500.00 for the Base Bid plus Alternate No. 1 which includes applying the City logo. Therefore, Ms. Roos 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. AWARD BID AND APPROVE CONTRACT — NATURAL GAS PROCUREMENT — PROJECT NO. 112 -030 (UTILITIES) Mr. Jonathan Burke, Energy Office, advised the Board that on February 14, 2012, bids were received and opened for the above referenced service. After reviewing those bids, Mr. Burke recommended that the Board award the contract to the lowest responsive and responsible bidder Border Energy, Inc., 9787 Fairway Drive, Powell, Ohio 43065, in the unit prices of $.45 Dth, subject to the prevailing NYMEX rate, for two years. It was noted that CenterPoint Energy's bid was non - responsive because they did not adhere to the bid specifications. Their bid did not include the NYMEX market price or delivery to the NIPSCO Pipeline, and their billing could not be added to the NIPSCO bill, which would result in two separate gas bills each month. Mr. Burke noted CenterPoint added penalties on hedging also. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Ms. Roos seconded the motion, which carried. APPROVE CHANGE ORDER NO. 1 — 2012 MANHOLE AND SEWER REHABILITATION — PROJECT NO. 112 -002 (SEWER DEPARTMENT CONTRACTUAL SERVICES) Mr. Gilot advised that Mr. John Pemberton, Sr., Sewer Department, has submitted Change Order No. 1 on behalf of Monoform of Indiana and Southern Michigan, PO Box 466, South Bend, Indiana 46624, indicating the contract amount be increased by $160,000.00 for a modified contract sum, including this Change Order, in the amount of $960,000.00. In a Memo to the Board, Attorney Greene stated there are a number of manholes which need to be replaced REGULAR MEETING AUGUST 14, 2012 261 potentially creating an unsafe condition and a liability to the City. The Change Order that has been issued for this project could not have been reasonably foreseen and, as such, does not constitute increase in the scope of work for the project and is therefore not subject to the 20% limitation, and complies with IC 36- 1- 12- 18(d). Ms. Greene stated the only question for the future is are we properly inspecting to account for future consideration. Mr. Gilot questioned if this should be awarded in unit prices also. Ms. Greene agreed it should be, adding that would allow for more flexibility in the future. Mr. John Pemberton Sr., Sewer Department, stated that since the program was implemented, more "out of site, out of mind" problems are being discovered. He added they had no idea how bad the condition of some of the manholes were. Mr. Gilot noted by inserting new liners, rather than rebuilding the manholes, they are saving about $8,000.00 to $11,000.00 per manhole. Mr. Neal asked if there is a loss of volume by inserting a liner. Mr. Pemberton stated there isn't, and more importantly, they still have plenty of room for a man or a camera to be lowered into the hole. Ms. Roos asked how many holes they are repairing a year. Mr. Pemberton stated they are doing approximately one - hundred, sixty (160) manholes a year. He added they are inspecting about twenty (20) to twenty -five (25) a day, five (5) days a week, except in the winter months. Mr. Gilot asked if Sewers has a rating system to prioritize their repairs. Mr. Pemberton stated they do. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 — DIAMOND AVENUE TRUNK STORM SEWER — PROJECT NO. 109 -033B (2011 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf of HRP Construction, 5777 Cleveland Road, South Bend, Indiana 46628 indicating the contract amount be increased by $5,500.00 for a modified contract sum, including this Change Order, in the amount of $3,575,819.00. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — INSTALLATION OF 62.9 KW HYDROELECTRIC TURBINE — PROJECT NO. 111 -0 10 ( EECBG GRANT/UTILITY ACCOUNT) Mr. Gilot advised that Mr. Jonathan Burke, Energy Office, has submitted Change Order No. 1 on behalf of Koontz - Wagner Construction Services, LLC, 3801 Voorde Drive, South Bend, Indiana 46628, indicating the contract amount be increased by $151,606.00 for a modified contract sum, including this Change Order, in the amount of $268,723.00. In a memo to the Board, Mr. Burke explained that 2.22% of the increase is attributed to extra expenses authorized by the original contract. The remainder is due to unforeseen conditions that could not have been reasonably anticipated at the time the original bid documents were prepared, and include an additional contingency fund in the amount of $10,000.00. Ms. Greene noted that the majority of the changes are not changes to the scope but are due to unforeseen circumstances and don't count against the 20% cap. Mr. Burke noted that the City is only responsible for $23,433.49 of the total increase; the rest is covered by the EECBG Grant. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 2012 INFRARED PAVEMENT PATCHING — PROJECT NO. 112 -003 (SEWER DEPARTMENT) Mr. Gilot advised that Mr. Pete Kaminski, Street Department, has submitted Change Order No. 1 on behalf of Asphalt Restoration Services, PO Box 2484, South Bend, Indiana 46680, indicating the contract amount be increased by $36,000.00 for a modified contract sum, including this Change Order, in the amount, Not to Exceed, of $216,000.00. Mr. Gilot explained that the Sewer Department's needs were not included when this was bid, and they now want to piggy -back on the Street Department's bid. Ms. Greene noted this caps out the allowable increase for this project and any future needs will have to be bid out. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — 2012 STREET MATERIALS — PROJECT NO. 112 -001 (STREET DEPARTMENT Mr. Gilot advised that Mr. Pete Kaminski, Street Department, has submitted Change Order No. 1 on behalf of Bit Mat Products of Indiana, Inc., PO Box 428, Ashley, Indiana 46705, indicating the contract amount be increased by $40,000.00 for a modified contract sum, including this Change Order, in the amount of $240,000.00. Mr. Kaminski stated in a Memo that due to the drought conditions, additional Earthbind alley material is needed to stabilize the alley conditions before the Operation Releaf program starts up. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Change Order was approved. REGULAR MEETING AUGUST 14 2012 262 APPROVE CHANGE ORDER NO. 2 - LASALLE SCHOOL AREA SEWER SEPARATION — PROJECT NO. 107 -042 (2011 SEWER BOND_) Mr. Gilot advised that Mr. John Engstrom, Engineering, has submitted Change Order No. 2 on behalf of C &E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514, indicating the contract amount be increased by $186,043.09 for a modified contract sum, including this Change Order, in the amount of $1,641,697.94. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — HIGH AND HAWBAKER STREETS SITE IMPROVEMENTS — PROJECT NO. 112 -017 (SBCDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on behalf of Casteel Construction Corp., 23186 West Ireland Road, South Bend, Indiana, 46614, indicating the contract amount be decreased by $2,097.85 for a modified contract sum, including this Change Order, of $37,102.15. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $37,102.15. Upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT — EAST BANK SEWER SEPARATION PHASE I — PROJECT NO 109 -070A (2010 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Woodruff & Sons, PO Box 450, Michigan City, Indiana, 46361, for the above referenced project, indicating a final cost of $2,062,115.69. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — RIVER COMMONS LIFT STATION REPLACEMENT — PROJECT NO 109 -087B (2010 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Niblock Excavating, Inc., 906 Maple Street, PO Box 211, Bristol, Indiana for the above referenced project, indicating a final cost of $268,456.60. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — MEMORIAL SKYWAY BUILDING WINDOW REPLACEMENT — PROJECT NO. 112 -043 (SB CENTRAL MEDICAL DISTRICT TIF) In a memorandum to the Board, Mr. David Relos, Community and Economic Development, 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 Ms. Roos 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 TWO (2) MORE OR LESS CUSTOM TOP MOUNT PUMPERS 2012 FIRE DEPARTMENT CAPITAL LEASE) In a memorandum to the Board, Mr. Jeffrey Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced project. Fire Chief Steve Cox stated the bid team looked at different aspects when putting the specifications together on this bid. They looked at functionality and talked to the pumpers, aerial personnel, the mechanics, and others involved in the use and maintenance of the equipment to spec the most functional equipment. Mr. Gilot thanked Chief Cox, noting it is through the Chief's good leadership that prior issues of safety, durability, open bidding, and good values have been addressed. Mr. Gilot and the Board commended the Fire Department for a great team effort to improve their bidding process. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — DATA REALTY PARKING LOT PAVING AND LANDSCAPING AEDA TIF In a memorandum to the Board, Mr. Patrick Henthorn, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. REGULAR MEETING AUGUST 14 2012 263 ADOPT RESOLUTION NO. 41 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 41-2012 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: WATER METERS 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. WHEREAS, the City of South Bend Water Works Division has exchanged approximately 13,994 water meters over a twenty seven month period to an upgraded model allowing for electronic reading capability, which will result in a cost savings for the City. WHEREAS, the City of South Bend Water Works Division will be able to exchange the old meters with a scrap metal dealer for payment to the City, which is currently set at $1.10 per pound. The anticipated scrap value of the 13,994 meters is approximately $82,505. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items above are no longer needed by the City and /or are unfit for the purpose for which they were intended. ADOPTED this 14th day of August, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 42 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 42-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS 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 9, 1995, Ordinance No. 8570 -95 which states that: REGULAR MEETING AUGUST 14, 2012 264 Upon retirement with twenty, (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet and boots used by such Firefighter immediately prior to giving notice of his or her retirement; and WHEREAS, on June 30, 2012, PUMP ENGINEER TIMOTHY JANOWIAK retired from the South Bend, Indiana, Fire Department after twenty -three (23) years and nine (9) months of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and, WHEREAS, IC 5- 22 -22 -6 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; and WHEREAS, Chief Stephen Cox has advised that the fire helmet and boots previously worn by this Firefighter is of no further use to the Department and of no practical value. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, that the fire helmet and boot worn by this Firefighter is no longer needed by the City and are unfit for the purpose for which it they intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance No. 8570 -95 and removed from the City inventory. ADOPTED this 14TH day of AUGUST 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks S/ Kathryn E. Roos s/ Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 43 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 43-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS 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 9, 1995, Ordinance No. 8570 -95 which states that: Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet and boots used by such Firefighter immediately prior to giving notice of his or her retirement; and REGULAR MEETING AUGUST 14, 2012 265 WHEREAS, on June 21, 2012, ARSON INVESTIGATOR RUDY JIMENEZ retired from the South Bend, Indiana, Fire Department after twenty -six (26) years and nine (9) months of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and, WHEREAS, IC 5- 22 -22 -6 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; and WHEREAS, Chief Stephen Cox has advised that the fire helmet and boots previously worn by this Firefighter is of no further use to the Department and of no practical value. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, that the fire helmet and boot worn by this Firefighter is no longer needed by the City and are unfit for the purpose for which it they intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance No. 8570 -95 and removed from the City inventory. ADOPTED this 14TH day of AUGUST 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 44 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 44-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS 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 9, 1995, Ordinance No. 8570 -95 which states that: Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet and boots used by such Firefighter immediately prior to giving notice of his or her retirement; and WHEREAS, on June 30, 2012, BATTALION CHIEF ALFRED KIRSITS retired from the South Bend, Indiana, Fire Department after twenty -three (23) years and six (6) months of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and, REGULAR MEETING AUGUST 14 2012 266 WHEREAS, IC 5- 22 -22 -6 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; and WHEREAS, Chief Stephen Cox has advised that the fire helmet and boots previously worn by this Firefighter is of no further use to the Department and of no practical value. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, that the fire helmet and boot worn by this Firefighter is no longer needed by the City and are unfit for the purpose for which it they intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance No. 8570 -95 and removed from the City inventory. ADOPTED this 14TH day of AUGUST 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 45 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 45-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS 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 9, 1995, Ordinance No. 8570 -95 which states that: Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet and boots used by such Firefighter immediately prior to giving notice of his or her retirement; and WHEREAS, on June 30, 2012, LIEUTENANT GREGORY MACK retired from the South Bend, Indiana, Fire Department after twenty -one (2 1) years and three (3) months of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and, WHEREAS, IC 5- 22 -22 -6 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; and REGULAR MEETING AUGUST 14, 2012 267 WHEREAS, Chief Stephen Cox has advised that the fire helmet and boots previously worn by this Firefighter is of no further use to the Department and of no practical value. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, that the fire helmet and boot worn by this Firefighter is no longer needed by the City and are unfit for the purpose for which it they intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance No. 8570 -95 and removed from the City inventory. ADOPTED this 14TH day of AUGUST 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Mark Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. RESOLUTION NO. 46 -2012 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGARDING THE USE OF AN AUCTIONEER TO DISPOSE OF SURPLUS PROPERTY 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 NO. 46-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGARDING USE OF AN AUCTIONEER TO DISPOSE OF SURPLUS PROPERTY WHEREAS, pursuant to Indiana Code § 36 -9 -6 -1 et. seq., the Board of Public Works ( "Board ") has the duty and authority to have custody, control, use, and to dispose of all real and personal property owned by the City of South Bend, Indiana; and WHEREAS, the City, acting by and through the Board, desires to dispose of the personal property that is more particularly described at Exhibit "A" attached hereto and incorporated herein ( "Property "); and WHEREAS, in accordance with Indiana Code § 5- 22 -22 -4, the Board may engage an auctioneer to conduct a public auction in order to dispose of the City's surplus personal property if the property to be sold is one (1) item with an estimated total value of $1,000 or more, or is more than one (1) item with an estimated value of $5,000 or more; and WHEREAS, the Board has determined that the Property has an estimated value of more than $5,000,and the Board has further determined that the property is unfit for the purpose for which it was intended, and is no longer needed by the City of South Bend; and WHEREAS, Board desires to engage a duly - licensed auctioneer to advertise the sale and conduct a public auction to dispose of the Property in accordance with Indiana Code §§ 5- 22 -22- 1 et seq. NOW, THEREFORE, the Board of Public Works of the City of South Bend hereby finds that the Property listed at Exhibit "A" is no longer needed by the City; the Property is unfit for the purpose for which it was intended, and has an estimated value of $5,000 or more. BE IT RESOLVED that the Property may be transferred or sold at public auction. However, if the Property is deemed to be worthless, such Property may be demolished or junked. 1 1 REGULAR MEETING AUGUST 14, 2012 268 ADOPTED the 14TH day of AUGUST 2012 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s /Mark 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 Professional Dixon South Concrete Storage $2,500.00 Services Engineering Reservoir Interior Float (Water Works Agreement and ROV Inspection Operation) Professional Dixon 3.5 Million Gallon Water $6,400.00 Services Engineering Storage Tank Reservoir (Water Works Agreement Painting Inspection Capital) Professional Corrpro One -Time Inspection of $1,220.00 Services the Cathodic Protection (Water Works Agreement Corrosion Control Operations) Equipment at the Northwest Elevated Tank and the Ireland Road Tank - - - -- -- - -�- ., AAA I ll1gii aucugLn vrganlc Services Pirnie /ARCADIS Wastewater Conceptual Addendum to Redevelopment the Master Commission Agency Skyway Building Window Replacement — Project No. 112 -043 Enterprise ESRI Unlimited Software and License Maintenance, Services Agreement and Training for Three Years Lease Agreement Professional Services Contract Agreement Agreement 319 Niles, LLC DLZ Indiana, LLC Oaklawn Psychiatric Center, and Department of Community and Economic Historic Preservation Commission of South Bend and St. Joseph Lease of 319 Niles Avenue for the Human Rights Offices Phase II North Station Roof Restoration — Project No. 112 -034 Shelter Plus Care; Rent Subsidies for Severely Mentally Ill Oaklawn Clients Programs and Services to Compile Survey Data, Educate Property Owners, Conduct Local Historic Review of Federally Funded Projects, Develop IN It $23,800.00 (Wastewater (SB Central Medical District TIF) $50,000.00 per year (Engineering Computer $1,239.58 Monthly; $74,375.00 Total for Five Years NTE $41,350.00 (Water Works $272,448.00 (Shelter + Care Grant) $27,000.00 (EDIT) Motion/ Second Inks /Roos Inks/Roos Inks/Roos- Roos/Inks Inks/Roos Inks/Roos Roos /Inks Roos/Inks Inks/Roos Roos /Inks REGULAR MEETING AUGUST 14, 2012 269 1 I and Promote Auto /Bicycle Tour Professional The Hilgeman Wastewater Treatment $2,350.00 Inks/Roos Services Group, Inc. Plant Arc Flash Study — (Environmental Agreement Additional Electrical Arc Services Flash Hazard Training Contractual Session and Assistance Services) with the Environmental Services Safety Coordinator for Implementation of Worker /Contractor Awareness Program Professional Ken Herceg & Design of the Southwood $198,483.00 Inks /Roos Services Associates, Inc. Sewer Separation (2011 Sewer Agreement Bond) Estoppel TJX Companies, Drainage and N/A Inks /Roos Certificate Inc., and AJW Construction Easement South Bend Agreement — Originally Realty Corp. Executed July 31, 2002 for Property at 1902 Sample Street Release of Frick Limited Release Non - Access Inks /Roos Non - Access Liability Agreements Encumbering Agreements Company, and Property Acquired for the Patricia Moore Main Street /Lafayette Properties, LLC Boulevard Connector Project Locations: 1. Parcel No. 002 — 3907 South Michigan Street, Tax Key No. 018 - 8019- 0800.02 2. Parcel No. 373 - 4011 South Michigan Street, Tax Key No. 023 - 1025 -1373 3. Parcel No. 373B — 4011 South Michigan Street, Tax Key No. 18- 8019- 1800.05 Professional Carl Walker Eddy Street Commons $3,000 Inks /Roos Services Parking Garage Replacement Cost (CED Proposal Estimate in Compliance Administration) with Terms of Bond Documents Professional Optimatics Optimization of South $63,453.00 Gilot/Roos Services Bend Collection System (Wastewater) Agreement LTCP — Phase 2B — Addendum Increase Contract to Cover Overruns and Correct Mathematical Error made by Engineer Ratify The City of Acceptance of Roos /Inks Agreement Mishawaka, St. Mishawaka's Changes to Joseph County, Interlocal Agreement to WNIT and the Provide a Public City of South Education and Bend Government Access 1 I 1 1 J REGULAR MEETING AUGUST 14.2012 270 APPROVAL OF PERMITS /LICENSES The following street closures and Processions were presented fora rov 1 Applicant Description Channel pp a . Location Motion License R. R. Donnelly & Use of Facility at 5021 No Charge Carried Inks /Roos Agreement Sons Company Nimtz Parkway for South Inks /Roos Neighborhood Block Party p.m. to 4:00 p.m. Bend Fire Department Association Testing and Training, August 13, 2012 to South Bend Street Closure — August 18, 2012; 8:30 October 31, 2012 Gilot/Roos Chapter of the Youth Ms. Greene noted that Ms. from College Indiana Black Explosion Anastazja P. Wieckowski Street to Birdsell Expo was very helpful in getting Street Maurice Street Closure — this accomplished and this West Jefferson Inks/Roos McGee opportunity was most p.m. to 8:00 p.m. Boulevard from sincerely appreciated by Laurel Street to the City. $2,651.00 /month Maple Street Professional Services Gibson Insurance Provide Milliman Roos /Inks Amendment to Actuarial Services for Renewal Projection, September to December 2012 Subject to Agreement Evaluation, Actuarially Street Closure — Legal Review Ashland Avenue Inks/Roos Certified IBNR Summerfest p.m. to 5:00 p.m. from Leland Calculations, Budget and Avenue to Rex Cost Analysis, and Street Financial Monitoring Traffic September 16, 2012 — APPROVAL OF PERMITS /LICENSES The following street closures and Processions were presented fora rov 1 Applicant Description Date/Time pp a . Location Motion Carried Sunnymede Street Closure — August 19, 2012; 12 :00 Bronson Street Inks /Roos Neighborhood Block Party p.m. to 4:00 p.m. from Sunnyside Association Street West to End of Street South Bend Street Closure — August 18, 2012; 8:30 Orange Street Gilot/Roos Chapter of the Youth a.m. to 4:00 p.m. from College Indiana Black Explosion Street to Birdsell Expo Street Maurice Street Closure — August 25, 2012; 1:00 West Jefferson Inks/Roos McGee "The Matters" p.m. to 8:00 p.m. Boulevard from Block Party and Laurel Street to 2012 Back to Maple Street School Uniform Exchange Chapin Park Street Closure — August 26, 2012; 12:00 Ashland Avenue Inks/Roos Neighborhood Summerfest p.m. to 5:00 p.m. from Leland Association Avenue to Rex Street Temple Beth -El Traffic September 16, 2012 — Parking on Both Inks/Roos Restriction — 7:00 p.m. to 11:00 Sides of the Rosh Hashanah p.m.; September 17, Temple on West and Yom 2012 — 9:00 a.m. to Madison Street Kippur — 3:00 p.m.; September and North Temple Parking 25, 2012 — 7:00 p.m. to Lafayette Only 11:00 p.m.; September Boulevard 26, 2012 — 9:00 a.m. to 6 :30 p.m. RATIFY APPROVAL OF LICENSE APPLICATION FOR OPEN AIR LICENSE RENEWAL Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Engineering Department, Code Enforcement, Building Department, and Downtown South Bend for the City of South Bend/United Way License Application for the sale of hot dogs and other items in front of the County -City Building on August 1, 2012 from 11:00 a.m. to 2:00 p.m. Mr. Gilot noted that since the event already occurred, the motion should be to ratify the approval. Therefore, Mr. Inks made a motion to ratify the License Application. Ms. Roos seconded the motion, which carried. REGULAR MEETING AUGUST 14 2012 271 APPROVAL OF LICENSE APPLICATION FOR PUBLIC PARKING FACILITY LICENSE RENEWAL Mr. Gilot stated that the Board is in receipt of favorable recommendations from AMPCO System Parking 119 West Wayne Street, South Bend, Indiana 46601 for a License Application for public parking facilities at 225 South Main Street, 121 South St. Joseph Street, 211 North Lafayette Street, 117 South Williams Street, 119 West Wayne Street, 123 North Main Street, 322 South Lafayette Street. Community and Economic Development stated that according to the City GIS system, the garage at 225 South Main Street is owned by Holladay Corporation. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the License Applications were approved subject to confirming ownership. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 52220 PORTAGE ROAD — 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. and Mrs. Matthew and Greta Dalrymple, 52220 Portage Road, South Bend, Indiana 46628. 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 52220 Portage Road, South Bend, Indiana 46628 (Key # 004 - 1051 - 1285), the Dalrymple's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roos made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 53196 MEADOWGRASS LANE — SEWER/WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Central Careers Building Trades, 3206 Sugar Maple Court, South Bend, Indiana 46628. The Consent indicates that in consideration for permission to tap into public water and sanitary sewer system of the City, to provide water and sanitary sewer service to the above referenced property at 53196 Meadowgrass Lane (Key # 71 -02 -24 -354), the Central Careers Building Trades waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roos made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. RATIFY APPROVAL OF CONTRACTOR BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor Bonds be ratified pursuant to Resolution 100 -2000 as follows: Business Bond Type Approved/ Released Effective Date Chad Sheteron DBA/ CMS Concrete Contractor Approved July 27, 2012 Alva Enterprises, LLC Contractor Approved August 2, 2012 Mark Fisette Contractor Approved August 3, 2012 Mr. inks made a motion that the Bonds approval as outlined above be ratified. Ms. Roos seconded the motion, which carried. APPROVE CLAIMS Mr. Neal 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 $4,467,857.26 07/31/2012 City of South Bend $2,419,910.44 08/14/2012 1 ineretore, Ms. Roos made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Inks seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the meeting adjourned at 10:57 a.m. 1 1 1 REGULAR MEETING BOARD OF PUBLIC WORKS Gary A. Gilot, President AUGUST 14, 2012 272 Michael Mecham, Member C:) -, -Mark Neal, Member i da M. Martin, Clerk CLAIMS REVIEW MEETING AUGUST 21, 2012 273 A Claims Review Meeting of the Board of Public Works was convened at 8:34 a.m. on Tuesday, August 21, 2012, by Board President Gary A. Gilot, with Board Members Donald Inks, Kathryn Roos, and Michael Mecham present. ADDITION TO THE AGENDA Mr. Gilot noted the addition to the agenda of a Professional Services Agreement with Strategic Policy Partnership, LLC. APROVE PROFESSIONAL SERVICES AGREEMENT — STRATEGIC POLICY PARTNERSHIP, LLC Mayor Pete Buttigieg was present to address the Board. He stated this agreement with Mr. Robert Wasserman is an unusual one, and is a good deal for the City. He noted Mr. Wasserman is a specialist in global weeding, specializing in Police Chief searches worldwide. He has a connection to the City and has agreed to volunteer his time for one dollar plus a small amount to cover his firm and staff expenses. Mr. Mike Schmuhl, Chief of Staff, stated Mr. Wasserman is the Chairman of Strategic Policy Partnership, LLC and has been living in South Bend and wanted to give back to the community by offering his services to help the City in their search for a Police Chief. He noted some of his past clients include the cities of Chicago, New York, Los Angeles, and internationally, London, England. Mr. Schmuhl added Mr. Wasserman is considered one of the top policing experts in the world and the City is fortunate to have him volunteer his services. He explained the process will include crafting of a job description; conducting town hall meetings and meetings with Police officers to identify issues the new Chief should address and characteristics the new Chief should possess; and advertising, interviewing, and background checks of candidates to narrow the search for the Mayor's final decision. Mr. Schmuhl noted the names of the candidates will not be revealed during the selection process to protect the privacy of the individuals applying. Mayor Buttigieg stated this will be a savings to the City of $15,000 to $22,000, the average cost for this service. Mr. Gilot questioned if the search takes longer than the agreed to seventy (70) days, will the City incur additional fees. Mr. Schmuhl stated it is unlikely; the agreement has been extended to December 31, 2012. Therefore Ms. Roos made a motion that the agreement with Strategic Policy Partnership, LLC, Box 577, West Tisbury, MA 02575, for aiding the City in the search for a new Police Chief, in the amount of $6,800.00 plus the cost of advertising and background investigation checks be approved, subject to funding. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Inks stated that a request to pay claims 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. Mr. Inks stated the following claims were submitted to the beard for approval Name Amount of Claim Date City of South Bend $4,119,231.87 08/17/2012 City of South Bend $2,411,024.28 08/21/2012 City of South Bend $1,136,010.38 08/15/2012 and 08/17/2012 i humiurc, ivir. inks made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Roos seconded the motion, which carried. 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 8:40 a.m. BOARD OF PUBLIC WORKS Gar . Gilot, President D na 4E.haks, M ember K thryn E. osM , ber Al C. Mecham, ber 1 r, 1 CLAIMS REVIEW MEETING ATT ST: Lin a M. Martin, derk 1 1 AUGUST 21, 2012 274 W. Neal, Member