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HomeMy WebLinkAbout10/09/12 Board of Public Works MinutesAGENDA REVIEW SESSION OCTOBER 4, 2012 320 The Agenda Review Session of the Board of Public Works was convened at 10:34 a.m. on Thursday, October 4, 2012, by Board President Gary A. Gilot, with Board Members Michael C. Mecham and Mark W. Neal present. Board Members Kathryn E. Roos and Donald E. Inks were absent. Also present was Attorney Cheryl Greene. Clerk of the Board, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. OPEN BIDS — 2012/2013 MANHOLE REHABILITATION — PROJECT NO. 112 -053 SEWER 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: RIETH -RILEY CONSTRUCTION CO. INC. 25200 SR 23 South Bend, Indiana 46614 Bid was signed by: Mr. Todd J. Kulczar 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 I: Item No. Description P Qty Unit Unit Price l Manhole Rehabilitation Concrete I. Manhole Rehabilitation Concrete Liner 27 Each $4,584.00 EAmount 1. 0' to 12' Work Performed Before 27 Each $4,650.00 0.00 December 31, 2012 2. Manhole Rehabilitation Concrete Liner 275 Each $4,719.00 $1,297,725.00 2. 0' to 12' Worked Performed After 275 Each $4,250.00 $1,168,750.00 January 1, 2013 3. Additional Rehabilitation Work 25 Lin. n. i $382.00 $9,550.00 Performed Before December 31, 2012 25 $380.00 $9,500.00 4 Additional Rehabilitation Work Lin. Performed After January 1, 2013 250 Ft. $350.00 $87,500.00 5. Casting Installation 50 Each $300.00 $15,000.00 MONOFORM OF INDIANA AND SOUTHERN MICHIGAN P.O. Box 466 South Bend, Indiana 46624 Bid was signed by: Ms. Carolyn C. Evans 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: Item No. Description Qty Unit Unit Price Total Amount Manhole Rehabilitation Concrete I. Liner 0' to 12' Work Performed 27 Each $4,584.00 $123,768.00 Before December 31, 2012 Manhole Rehabilitation Concrete 2. Liner 0' to 12' Worked Performed 275 Each $4,719.00 $1,297,725.00 After January 1, 2013 Additional Rehabilitation Work 3. Performed Before December 31, 25 Lin. Ft. $382.00 $9,550.00 2012 4 Additional Rehabilitation Work Performed After January 1, 2013 250 Li Ft. n. $490.00 $122,500.00 AGENDA REVIEW SESSION OCTOBER 4, 2012 321 5. Casting Installation 50 Each $0 $0 Mr. Mecham stated he would not be awarding this bid today as noted on the agenda. Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above bids were referred to Engineering and Sewers for review and recommendation. OPEN BIDS 2012/2013 SEWER REHABILITATION — PROJECT NO. 112 -054 (SEWER 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: INSITUFORM TECHNOLOGIES,USA, LLC 17988 Edison Avenue Chesterfield, Missouri 63005 Bid was signed by: Mr. H. Douglas Thomas 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 b Item Quantity Unit Unit Price Extension CIPP 8 -Inch 233 LF $27.00 $6,291.00 CIPP 10 -Inch 4496 LF $30.00 $134,880.00 CIPP 12 Inch 9247 LF $32.00 $295,904.00 CIPP 15 Inch 2392 I $47.00 $112,424.00 CIPP 18 Inch 1659 LF $55.00 $91,245.00 CIPP 20 Inch 344 LF $67.00 $23,048.00 CIPP 24 Inch 1003 LF $92.00 $92,276.00 CIPP 36 Inch 322 LF $168.00 $54,096.00 Service Reconnections By Remote Cut 400 Each $100.00 $40,000.00 Service Reconnections By Excavation 29 Each $3,400.00 $98,600.00 INLAND WATERS POLLUTION CONTROL, INC. 4086 Michigan Avenue Detroit, Michigan 48210 Bid was signed by: Mr. David Lusky 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 Quantity Unit Unit Price Extension CIPP 8 -Inch 233 LF $40.00 $9,320.00 CIPP 10 -Inch 4496 LF $36.00 $161,856.00 Cipp 12 Inch 9247 LF $38.00 $351,386.00 CIPP 15 Inch 2392 LF $50.00 $119,600.00 Cipp 18 Inch 1659 LF $68.00 $112,812.00 Cipp 20 Inch 344 LF $80.00 $27,520.00 CIPP 24 Inch 1003 LF $105.00 $105,315.00 Cipp 36 Inch 322 LF $150.00 $48,300.00 Service Reconnections By Remote Cut 400 Each $75.00 $30,000.00 Service Reconnections 29 Each $5,000.00 $145,000.00 AGENDA REVIEW SESSION OCTOBER 4 2012 322 By Excavation LANZO LINING SERVICES INC. DBA LANZO TRENCHLESS TECHNOLOGIES NORTH 3800 Woodward Avenue, Suite 410 Detroit, Michigan 48201 Bid was signed by: Mr. Kevin Pawlowski 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 08 ItemQuantity Business Unit Unit Price Extension CIPP 8 -Inch 233 LF $28.00 $6,254.00 CIPP 10 -Inch 4496 LF $31.00 $139,376.00 Cipp 12 Inch 9247 LF $32.00 $295,904.00 CIPP 15 Inch 2392 LF $43.00 $102,856.00 Cipp 18 Inch 1659 LF $50.00 $82,950.00 Cipp 20 Inch 344 LF $65.00 $22,360.00 CIPP 24 Inch 1003 LF $85.00 $85,255.00 Cipp 36 Inch 322 LF $140.00 $45,080.00 Service Reconnections By Remote Cut 400 Each $100.00 $40,000.00 Service Reconnections By Excavation N4 r__ _A 29 Each $31365.00 $97,585.00 �.�• �1�� �� HU«u Lwu addenda were reteasect for this project and neither Inland Waters Pollution Control, Inc., nor Lanzo Lining Services, Inc., dba Lanzo Trenchless Technologies North, acknowledged that addenda. Linda Martin, Clerk of the Board, noted they were not listed as plan holders from the plan site. Ms. Greene stated they would not have received the Addenda then, and would subsequently be considered non - responsive. She noted the addenda were material to the bids, addressing wage rates and bid forms. Mr. Mecham stated he would not be recommending award of this bid today due to nobody from the Sewer Department available to review. Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above bids were referred to Engineering and Sewers for review and recommendation. APPROVAL OF PROPOSAL The following Proposal was submitted to the Rnnrrl fnr Type Business Description Amount/ Motion/ Professional AECOM Economic and Fiscal Impact Funding NTE Second Mecham/ Services Technical Analyses and Benchmarking $15,000.00 Neal Proposal Services, Inc. Analysis for Century Center, (Admin and Morris Performing Arts Center, Finance Palais Royale, and Other Professional Downtown Assets Services) APPROVE REPORT FROM LEGAL REGARDING THE BID AWARD OF TWO 2 MORE OR LESS CUSTOM TOP MOUNT PUMPERS In a memorandum to the Board, Attorney Cheryl Greene informed that subsequent to the above bid award to Rosenbauer South Dakota, LLC, (RSD), the Legal Department received an email on September 27, 2012 from Mr. Shawn Junker at Fire Service, Inc. alleging that the successful bidder did not meet the bid specifications due to having been fined last year, along with two other manufacturers, for supposed price fixing in Germany. After extensive research, including review of the federal debarment list to confirm RSD was not debarred from federal contracting; confirming that they are listed with the Indiana Secretary of State and are in good standing to do business in the State of Indiana; reviewing the annual reports for the past three (3) years for each of the entities; reviewing the action taken by the German Federal Cartel Office regarding the above referenced matter; and contacting RSD's legal counsel, Ms. Greene stated her research indicated that the price fixing incident referenced by Mr. Junker involved Metz Aerials, a German entity that is 100% owned by the Austrian entity, Rosenbauer International AG. Ms. AGENDA REVIEW SESSION OCTOBER 4, 2012 323 Greene added that according to Bloomberg, a leading business and financial news organization, Rosenbauer International was not convicted, nor was it fined in the price fixing incident because it reported the violations to the German Federal Cartel Office in 2010. The German government has since cleared both Metz Aerials and Rosenbauer International AG to bid and issued a Certificate evidencing the same. Ms. Greene noted that her research supports that Rosenbauer South Dakota was not a party to the price fixing matter investigated by the German Federal Cartel Office. Ms. Greene added that RSD can only be deemed in violation of the City's bid specification if there is sufficient evidence to support that it is a subsidiary of a parent company that was convicted or fined for "price fixing, bid rigging or collusion in any domestic or international fire apparatus market ". Her research confirmed that RSD is owned 100% by Rosenbauer America; Rosenbauer America's Board of Managers makes all decisions for RSD; and Rosenbauer America's Board of Managers is an independent board that is not controlled by any other decision - making authority, including, but not limited to Rosenbauer International AG and /or Metz Aerials. Therefore, Ms. Greene stated it is her legal opinion that neither Rosenbauer South Dakota, LLC nor its parent company, Rosenbauer America, LLC have been convicted or fined for price fixing, bid rigging, or collusion in any domestic or international fire apparatus market and is therefore, the valid lowest, responsible, responsive bidder for the custom top mount pumpers. Upon a motion by Mr. Neal to accept Legal's rendering and ratify the Board's award of September 25, 2012, seconded by Mr. Mecham and carried, the legal report confirming award to Rosenbauer South Dakota, LLC as the lowest responsive and responsible bidder was approved. Ms. Greene requested the Legal Memo be incorporated in its entirety into the record. Board members discussed the following item(s) from the agenda: - Encroachment — Carl Kay Memorials Mr. Bill Schalliol, Community and Economic Development, stated the City bought property owned by Carl Kay Memorial for the purpose of extending Barbie Street. He noted the property has a fence and some landscaping on it and the City will retain the fence and landscaping on the property. He noted the area is very tight but this will not obstruct views. - Award Bid — Water Treatment Chemicals Mr. Neal noted this bid is being split between five (5) different companies, a good sign of a competitive bid. He questioned how many bids were received. Mr. George King, Purchasing, stated ten (10) bids were received, two (2) of which were deemed non- responsive. Ms. Greene added that two (2) bidders submitted Local Business Preference forms. Mr. Gilot asked if there were any increases in cost. Mr. Wiltrout noted that both Potassium Permanganate and Blended Phosphate Sequestrant increased by $1.00 /lb. Mr. Gilot asked what the Water Department does with Dry Polymer Flocculent. Mr. Wiltrout noted that is a Wastewater chemical; this bid is for both departments. Mr. Gilot noted the funding should indicate it is being split. - Professional Services Proposal — Short Elliott Hendrickson Ms. Greene questioned Mr. John Wiltrout, Water Works, on how this particular vendor was selected for the Pinhook Water Treatment Plant Efficiency Improvements. Mr. Wiltrout stated they have done good work before on historical buildings for the Water Department. She questioned if there was a local company that could do this work. Mr. Wiltrout stated Short Elliott Hendrickson is subcontracting with a local company, DLZ, on this project. Ms. Greene noted DLZ is an MBE/WBE company. - Bid Award (Report from Legal) — Custom Top Mount Pumpers Mr. Gilot noted Rosenbauer, the company awarded the above bid, has energy savings options for their pumpers with generators for back -up when the trucks are idling for any length of time. He asked Fire Chief Cox if they can also circulate the pump water. Chief Cox stated they didn't have that option, but when it was brought up to Rosenbauer, they stated it had never been requested before, but it was a good idea that they would add to the functions of the generator. He noted the generators currently run the lights, heater, and air conditioning which could potentially create long range savings that would pay back the $19,000.00 option within seven (7) to eight (8) years. Mr. Gilot asked how long the Fire Department keeps their trucks. Chief Cox stated some are as old as twenty (20) years, but the average is fifteen (15) years. - Special Purchase — Command Fire Apparatus Fire Chief Steve Cox stated that representatives from the Fire Department went to Long Island to look over this used 1996 Pierce Lance pumper unit and were very impressed. He stated it is owned by a volunteer department and has only 35,000 miles on it. He noted it is in better shape than some of the Fire Department's newer units. Mr. Gilot questioned if there would be update expenses to the truck. Chief Cox stated there wouldn't. He noted that the current owner's would deliver the truck on a flatbed truck so it won't accumulate more miles on a drive here. Mr. AGENDA REVIEW SESSION OCTOBER 4 2012 324 Neal requested that language be put in place so the City doesn't carry risk of loss until delivery is complete. - Project Completion Affidavit — Fire Station No. 3 Roof Replacement Mr. Gilot questioned where the warranty for this and any roofs are kept. He noted all warranties should be held by the Board in one common location. He requested the Clerk get with the Energy Director and Construction Manager to request a copy of the warranty for the file. - On- Street Parking Request — Holladay Properties Mr. Gilot stated that this new development, The Belfry, is very high density and the developer is unable to provide enough off - street parking spots to meet the zoning ordinance. Mr. Mecham stated the option to provide on- street parking for anyone, rather than dedicated parking for residents of this development only, is the recommended process. He added on- street parking is already in place on both sides of this road. Mr. Gilot questioned if the developer should provide some alternatives to parking such as bike racks to reduce the number of vehicles this development will require. He noted this would require an exception to the zoning ordinance, or it may be a good time to look at the ordinance and update the requirements of the parking burden, encouraging more use of the City bike trails, walking, and use of public transportation. 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 12:10 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot, resident Michae C. M dram, Member Donald E. Inks, Member Kathryn E. Roos, Member L ark W. Neal, Member _L,' da M. Martin, Clerk REGULAR MEETING OCTOBER 9 2012 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Tuesday, October 9, 2012, by Board President Gary A. Gilot, with Board Members Kathryn E. Roos, Michael Mecham and Mark Neal present. Board Member Donald E. Inks was absent. Also present was Attorney Cheryl Greene. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition to the agenda of two (2) bid awards, and the removal of item No. 8 I, a Professional Services Agreement with Profit on Hold Productions, LLC, APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the minutes of the Agenda Review on September 20, 2012, the Regular Meeting on September 25, 2012 and the Claims Review on October 2, 2012, were approved. OPENING OF QUOTATIONS — 27TH STREET LIFT STATION AND CSO 39 WET WELL SLAB IMPROVEMENTS — PROJECT NO. 112 -051 WASTEWATER CAPITAL Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: SELGE CONSTRUCTION CO. INC. 2833 South I I' Street Niles, Michigan 49120 Quotation was submitted by: Mr. Robert P. Kuhns REGULAR MEETING OCTOBER 9, 2012 325 Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted QUOTATION: $30,876.78 RON WILLIS CONSTRUCTION CO., INC. 54300 Rose Road South Bend, Indiana 46628 Quotation was submitted by: Mr. Ronald H. Willis Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted QUOTATION: $23,200.00 HRP CONSTRUCTION INC. 5777 Cleveland Road South Bend, Indiana 46624 Quotation was submitted by: Mr. Paul J. 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 QUOTATION: $17,750.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Quotation was submitted by: Mr. Kevin J. 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 QUOTATION: $17,707.00 RIETH -RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, Indiana 46614 Quotation was submitted by: Mr. Robert A. Nichols II Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted QUOTATION: $12,000.00 Ms. Greene noted that Selge Construction Co. did not submit the acknowledgement of the Addendum and was therefore non - responsive. She also made note that the quote package did not contain the updated Non - Collusion Form with the "doing business with Iran" language that was required by the State the first of July and it would need to be added. Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above Quotations were referred to Wastewater for review and recommendation. OPENING AND AWARD OF QUOTATIONS — ROOF RESTORATION QUOTE PACKAGE NO. 1: LOW SLOPE ROOF — PROJECT NO. 112 -034 (WATER WORKS CAPITAL) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: KRC ROOFING & SHEET METAL, INC. 3702 West Sample Street South Bend, Indiana 46619 REGULAR MEETING OCTOBER 9 2012 326 Quotation was submitted by: Mr. Dennis D. Rach 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 Quote: Item No. Total Amount Base Bid — Item No. 1 $25,200.00 Alternate I -Item No. 2 $7,540.00 Alternate 2 -Item No. 3A $7,260.00 Alternate 2 -Item No. 3B $4,650.00 DUDECK ROOFING AND SHEET METAL 1634 South Franklin Street South Bend, Indiana 46613 Quotation was submitted by: Mr. Stanley T. Peak Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted Bid: Item No. Total Amount Base Bid — Item No. 1 $36,500.00 Alternate 1 -Item No. 2 $8,250.00 Alternate 2 -Item No. 3A $8,200.00 Alternate 2 -Item No. 3B $5,500.00 SLATILE ROOFING & SHEET METAL CO. INC. 1703 South Ironwood Drive South Bend, Indiana 46613 Quotation was submitted by: Mr. Gerald Longerot Contractor's Non- Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted Bid: Item No. Total Amount Base Bid — Item No. 1 $14,218.00 Alternate 1 -Item No. 2 $3,400.00 Alternate 2 -Item No. 3A $10,800.00 Alternate 2 -Item No. 3B $4,140.00 Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above Quotations were referred to Water Works for review and recommendation. After reviewing those bids, Mr. John Wiltrout, Water Works, recommended that the Board award the contract to the lowest responsive and responsible bidder, Slatile Roofing & Sheet Metal Co., Inc., in the amount of $28,418.00 which is the total of the Base bid plus Alternate 1, and Alternate 2, Item 3A. Therefore, Mr. Gilot 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 BIDS — WATER/WASTEWATER TREATMENT CHEMICALS 2012/2014 CATER WORKS/WASTEWATER OPERATINGI Mr. George King, Purchasing, advised the Board that on September 25, 2012, bids were received and opened for the above referenced chemicals. After reviewing those bids, Mr. King recommended that the Board award the contract to the lowest responsive and responsible bidders as follows: Item No. Description Company Unit Price TOTAL Award Amount I Chlorine — 2,000 Lb. Tank Alexander Chemical $360.00 /Ton $81,000.00 REGULAR MEETING OCTOBER 9, 2012 327 Therefore, Ms. Roos made a motion that the recommendation be accepted and each of the bids be awarded in unit prices as outlined. Mr. Neal seconded the motion, which carried. Mr. Gilot noted the award is unit bid prices. Ms. Greene added that the totals are budget numbers only, not Not to Exceed amounts. AWARD BID AND APPROVE CONTRACT- 201212013 SEWER REHABILITATION PROJECT NO. 112 -054 _SEWER CAPITAL) Mr. Mike Mecham, Engineering, advised the Board that on October 4, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Mecham recommended that the Board award the contract to the lowest responsive and responsible bidder Insituform Technologies USA, LLC, 17988 Edison Avenue, Chesterfield, MO, 63005, in the unit prices as submitted. In his memo to the Board, Mr. Mecham noted that Lanzo Lining Services, Inc. and Inland Pollution Control, Inc. did not submit the Acknowledgement of Receipt of Addendum for two addenda that were distributed, and are therefore being found non - responsive. Ms. Greene noted that this bid is being awarded in unit prices and the totals shown are for budgeting purchases only. Therefore, Mr. Gilot 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. TABLE BID AWARD — 2012/2013 MANHOLE REHABILITATION — PROJECT NO. 112- 053 (,SEWER CAPITAL) Mr. Mike Mecham, Engineering, stated that based on experience qualifications he is requesting the Board table the award of this bid. He noted the bids need further review. Therefore, Mr. Mecham made a motion that the bid award be tabled. Mr. Gilot seconded the motion, which carried AWARD OUOTATION — 113 EAST WAYNE STREET AND 301 SOUTH MICHIGAN STREET STREETSCAPES — PROJECT NO. 112 -056 (SBCDA TIF) Mr. Toy Villa, Engineering, advised the Board that on September 25, 2012, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Villa recommended that the Board award the contract to the lowest responsive and responsible bidder, L.L. Geans Construction Company, 1923 North Home Street, Mishawaka, Indiana 46545, in the amount of $20,459.55. Therefore, Ms. Roos made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Neal seconded the motion, which carried. APPROVE PROJECT COMPLETION AFFIDAVIT — FIRE STATION NO. 3 ROOF REPLACEMENT —PROJECT NO. 112 -014 (FIRE CAPITAL Corporation Chlorine — 150 Lb. Alexander Chemical 2 Cylinder Corporation $62.00 /Cyl $9,300.00 Fluorisilicic Acid — 23% PVS Norwood 3 Chemicals, Inc. $638.00 /Ton $165,880.00 Potassium Permanganate — Alexander Chemical 4 55 Lb. Pails Corporation $3.45/lb $25,875.00 Blended Phosphate Watcon 5 Sequestrant $1.99 /lbs $44,775.00 6 Solar Salt Cargill, Inc. $174.00 /Ton $52,200.00 Sulfur Dioxide — 2,000 Lb. Alexander Chemical 7 Container Corporation $550.00 /Ton $55,000.00 Dry Polymer Flocculent — Polydyne, Inc. 8 50 / 55 Lb, Polyethylene Bag $1.58 /lb $189,600.00 Liquid Calcium Nitrate Alexander Chemical 9 Corporation $1.99 /Gal $35,820.00 Sodium Hypochlorite — Alexander Chemical 10 12.5% Corporation $0.89/Gal $26,700.00 Therefore, Ms. Roos made a motion that the recommendation be accepted and each of the bids be awarded in unit prices as outlined. Mr. Neal seconded the motion, which carried. Mr. Gilot noted the award is unit bid prices. Ms. Greene added that the totals are budget numbers only, not Not to Exceed amounts. AWARD BID AND APPROVE CONTRACT- 201212013 SEWER REHABILITATION PROJECT NO. 112 -054 _SEWER CAPITAL) Mr. Mike Mecham, Engineering, advised the Board that on October 4, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Mecham recommended that the Board award the contract to the lowest responsive and responsible bidder Insituform Technologies USA, LLC, 17988 Edison Avenue, Chesterfield, MO, 63005, in the unit prices as submitted. In his memo to the Board, Mr. Mecham noted that Lanzo Lining Services, Inc. and Inland Pollution Control, Inc. did not submit the Acknowledgement of Receipt of Addendum for two addenda that were distributed, and are therefore being found non - responsive. Ms. Greene noted that this bid is being awarded in unit prices and the totals shown are for budgeting purchases only. Therefore, Mr. Gilot 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. TABLE BID AWARD — 2012/2013 MANHOLE REHABILITATION — PROJECT NO. 112- 053 (,SEWER CAPITAL) Mr. Mike Mecham, Engineering, stated that based on experience qualifications he is requesting the Board table the award of this bid. He noted the bids need further review. Therefore, Mr. Mecham made a motion that the bid award be tabled. Mr. Gilot seconded the motion, which carried AWARD OUOTATION — 113 EAST WAYNE STREET AND 301 SOUTH MICHIGAN STREET STREETSCAPES — PROJECT NO. 112 -056 (SBCDA TIF) Mr. Toy Villa, Engineering, advised the Board that on September 25, 2012, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Villa recommended that the Board award the contract to the lowest responsive and responsible bidder, L.L. Geans Construction Company, 1923 North Home Street, Mishawaka, Indiana 46545, in the amount of $20,459.55. Therefore, Ms. Roos made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Neal seconded the motion, which carried. APPROVE PROJECT COMPLETION AFFIDAVIT — FIRE STATION NO. 3 ROOF REPLACEMENT —PROJECT NO. 112 -014 (FIRE CAPITAL REGULAR MEETING OCTOBER 9, 2012 328 Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Lawmasters, Inc., 1407 West Hiveley Avenue, Elkhart, Indiana 46517, for the above referenced project, indicating a final cost of $62,216.00. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — MAIN /LAFAYETTE CORRIDOR — PROJECT NO. 110 -058B TBD In a memorandum to the Board, Mr. Patrick Henthorn, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. He noted that the funding has not been identified, although it will come out of SSDA TIF, so he is requesting the Board approve subject to funding. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the above request to advertise was approved subject to funding, and the Title Sheet was approved and signed. ADOPT RESOLUTION NO. 56 -2012 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 56 -2012 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, LC. 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, SERGEANT MICHAEL CRITCHLOW retired effective September 28, 2012, from the South Bend Police Department after more than twenty -two (22) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5- 22 -22 -1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AL 50142, 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 9TH Day of OCTOBER 2012, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk REGULAR MEETING OCTOBER 9, 2012 329 ADOPT RESOLUTION NO 57 -2012 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 57 -2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: MISCELLANEOUS EQUIPMENT FROM THE CENTURY CENTER AND THE GENERAL FUND (SEE ATTACHED LIST) WHEREAS, Indiana Code 5 -22 -22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and /or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 9th day of OCTOBER 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO 58 -2012 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 58-2012 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: ITEMS IDENTIFIED DURING 2011 ASSET PHYSICAL INVENTORY - NEVER PROCESSED IN NAVILINE SYSTEM (SEE ATTACHED LIST) 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. REGULAR MEETING OCTOBER 9 2012 330 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City and/or are unfit for the purpose for which they were intended and have an estimated combined value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 9th day of OCTOBER 2011. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Kathryn E. Roos 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/ Funding Second Service People Link Temporary Employment Hourly Rate Roos/Mecham Agreement Staffing Services — Division of Plus 37% Engineering Special Command Fire Purchase of Pre -Owned $85,000.00 Roos/Neal Purchase Apparatus 1996 Pierce Lance (Fire *Subject to Pumper Unit Department Legal Professional Short Elliott Pinhook Water Capital) $336,200.00 Changes Roos/Neal Services Hendrickson Treatment Plant (2012 Subject to Agreement Efficiency Revenue Inclusion of Improvements — Final Bonds) Diversity Design and Construction Contracting — Proj ect No. 112 -062 Amendment to Redevelopment Downtown South Bend N/A Mccham/Roos the Addendum Commission Curb and Sidewalk to the Master Repair Additional Funds Agency Agreement — Supplement No. 2 Customer Integra Document Destruction $1,400.00/ Roos/Neal Service and Shredding; Two year Agreement Year Agreement (Department Renewal Renewal Operating Budgets) Amendment to Keller Additional Construction $2,640.00 Roos /Mecham Professional Engineering, Inc. Services, and TCLP (COIT) Services Waste Characterization Agreement and Manifest Approval by Grauvogel & Associates for Chapin Street Pedestrian Bridge Rehabilitation — Project No. 110 -025 Highway OT Relocation of Water and $537,012.00 Roos/Ivlecham REGULAR MEETING OCTOBER 9, 2012 331 Utility Description Sanitary Lines, and (Major Subject to Agreement Installation of Street and Moves) Funding Chapin Park Street Closure - Bridge Lights for US 31 Manitou from Park Roos /Mecham Highway INDOT Relocation of Water and $381,658.00 Roos/Mecham Utility Halloween Sanitary Lines for US (Major Subject to Agreement Block Party 31 Moves) Funding *Ms. Greene noted that the Special Purchase Letter of the used Pumper Unit from Command Fire Apparatus incorrectly noted an inspection date in the year 2011. She has asked that be corrected to 2012 and also that language stating the risk of loss or damage to the truck will pass to the City upon the delivery date be added. She noted this way if an accident occurs during transportation of the unit, the City will not carry the loss. She stated she also asked Command Fire Apparatus to sign an updated Non - Collusion form with the "doing business with Iran" language included. APPROVAL OF PERMITS /LICENSES The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Chapin Park Street Closure - October 28, Manitou from Park Roos /Mecham Neighborhood Chapin Park 2012; 12:00 Avenue to Forest Halloween p.m. to 7:00 Avenue Block Party p.m. Bettie Williams Street Closure - October 27, Elmer Street from Roos /Mecham October 2012; 8:00 a.m. Lincoln Way West to Festival Block to 4:00 p.m. Vassar Street Party Revelations Street Closure - October 13, Rush Street from Roos /Mecharn Church of God Fun Fair 2012; 8:00 a.m. Pennsylvania Avenue to in Christ to 5:00 p.m. Broadway Street Center for Traffic October 16 Bartlett Street from Roos/Mecham History Restriction - through Riverside Drive to 2012 Cabin October 19, Michigan Street — No Days 2012: 7:00 a.m. Parking Except for to 2:30 p.m. School Buses Carl Kay Encroachment Main Street to Lafayette Roos/Mecham Memorials and Revocable Boulevard Connector Permit FAVORABLE RECOMMENDATION - PETITION TO VACATE ASSUMPTION DRIVE Mr. Dave Bailey, on behalf of Provident Ministry, 60650 CR 7, Elkhart, Indiana 46517, submitted a request to vacate the above referenced street. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Community and Economic Development and Engineering. 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 not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. 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. Therefore, Mr. Mecham made a motion that the Clerk send a letter to the petitioner recommending approval of the request for vacation. Ms. Roos seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Mecham, seconded by Ms. Roos and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 2022 South Michigan Street 1001 South 21" Street REGULAR MEETING OCTOBER 9, 2012 332 REMARKS: All criteria has been met NEW INSTALLATION: No Parking — Tow Zone LOCATION: West Side of Esther Street; End of Residential Parking Zone to HiIdreth Street REMARKS: All criteria has been met Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following traffic control device request was tabled: NEW INSTALLATION: Reserved On- Street Parking LOCATION: The Belfry, 644 Notre Dame Avenue PURPOSE: To Reduce the Number of Off - Street Parking Spaces required by an Equal Number of On- Street Spaces fronting the New Development Upon a motion made by Mr. Mecham, seconded by Ms. Roos and carried, the following traffic control device request was tabled: REMOVAL: No Parking LOCATION: Frances Street — Madison Street to Cedar Street (Both Sides) Mr. Mecham stated this request is to allow for dropping -off and picking -up of students at the new St. Joseph High School. He noted one side of the street is mostly vacant lots. Ms. Greene asked what is to prevent other vehicles from parking here and blocking parents from picking up their students. Mr. Mecham stated there are no structures on one side of the street and the other side has an apartment building with sufficient parking for its residents. He noted there is no demand for parking in this area. Ms. Greene reiterated that if you remove the no parking signs, what's to prevent students from parking there, or residents of the apartments, and taking up the space intended for pick -up and drop -off. Mr. Mecham stated the school has been doing a good job of informing the students of where they can and cannot park. The Board members agreed this should be looked at closer and a different approach considered. Ms. Roos stated she would also like for the Fire Department to review this request before it is approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 51969 IRONWOOD ROAD — WATER Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Richard H. Howe, 51969 Ironwood Road, South Bend, Indiana 46637. The Consent indicates that in consideration for permission to tap into the public water system of the City, to provide water service to the above referenced property at 51969 Ironwood Road (Key # 002 - 1014- 0295), Mr. Howe 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. Neal seconded the motion, which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — 18428 CHAUCER LANE — WATER AND 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. Robert W. Keenum, 18428 Chaucer Lane, South Bend, Indiana 46637, The Consent indicates that in consideration for permission to tap into the public water and sanitary sewer system of the City, to provide water and sewer service to the above referenced property at 18428 Chaucer Lane (Key # 002 - 1172 - 8271), Mr. Keenum 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. Neal seconded the motion, which carried. RATIFY APPROVAL AND /OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100 -2000 and /or released as follows: Business I Bond Type I A roved/ Effective Date REGULAR MEETING OCTOBER 9, 2012 333 Ms. Roos made a motion that the Bonds approval and/or release as outlined above be ratified. Mr, Mecham 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 Released City of South Bend Daugherty Construction Contractor Approved September 27, 2012 Aspen Utility Contractors Excavation Released October 9, 2012 Bradley Company, LLC Excavation I Approved September 27, 2012 Ms. Roos made a motion that the Bonds approval and/or release as outlined above be ratified. Mr, Mecham 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 $1,954.79 10/02/2012 City of South Bend $1,463,635.42 10/09/2012 Therefore, Ms. Roos made a motion that at-ter review of the expenditures, the claims ne approved as submitted. Mr. Mecham seconded the motion, which carried. PRIVILEGE OF THE FLOOR Ms. Greene stated she would like to address the requirement of Builder's all -risk insurance on certain projects such as roof rehabilitations. She noted the problem is the City places an undue burden of obtaining very expensive insurance on the contractors of relatively inexpensive, small projects. She stated the City has insurance to cover this risk and she would like the Boards' permission to draft a resolution to address the requirements. Ms. Greene also addressed union representatives present and apologized for not getting back to them sooner. She stated she is working on a proposal of issues the Trade Unions have brought to the City related to payrolls and reviews. She noted she needs to get with City staff on the issues because she is not the one that reviews contractor's payrolls and isn't knowledgeable of the process. Mr. Gilot suggested she talk to Mr. Mike Mecham and Mr. Toy Villa in Engineering. Mr. Chris Weinkauf, Rieth Riley Construction, Inc., asked to speak to the Board in regards to the Sewer Manhole bid award. He noted he has been with Rieth Riley for twenty -three (23) years. He stated they submitted a good faith bid that met the requirements of the specifications and contained the required documentation. He noted that Rieth -Riley has unlimited bidding authority with INDOT; they intend to employ Union workers from South Bend and the surrounding community; and being the low bidder, they are offering the City a savings. Mr. Weinkauf noted that Rieth Riley is the lowest responsive and responsible bidder, and the only non - conditional bidder, adding that the second low bid was conditional. He noted that Rieth Riley has been in business for ninety -six (96) years and should be awarded the bid. He thanked the Board for listening. Mr. Gilot thanked him and stated rest assured the reputation of the company is not in question. Mr. Murray Miller, Local No. 645, stated he wished to confirm Rieth Riley's request and capabilities. Mr. Mike Danch, Danch, Hamer, and Associates, Inc. asked the Board if there was anything more they needed from him regarding the request for reserved on- street parking that was tabled today. Ms. Roos stated that he could get in contact with the local neighborhood associations, noting there are two in that area, the NENC and the NNRO. She noted that neither were made aware of the request and should be consulted first. Mr. Danch stated he didn't need their approval, did he. Ms. Roos stated he didn't, but she would encourage any developer to work with the neighborhood organizations on any development within the area to get their input. Mr. Gilot added that it would be helpful if they could supply evidence of support from the neighborhood organizations in the form of a letter. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 10:28 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President REGULAR MEETING OCTOBER 9, 2012 334 Donald E. Inks, Member Kathryn E. Roos, Member `1Clark W, Neal, Member Michael C. Mecham, President lid, M. Martin, Cler CLAIMS REVIEW MEETING OCTOBER 16, 2012 335 A Claims Review Meeting of the Board of Public Works was convened at 8:30 a.m. on Tuesday, October 16, 2012, by Board President Gary A. Gilot, with Board Members Donald Inks and Michael Mecham present. Board Members Kathryn Roos and Mark Neal were absent. 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 board for approval: Name Amount of Claim Date City of South Bend $4,448,770.96 10/12/2012 City of South Bend $19,312.50 10/11/2012 City of South Bend $1,938,493.85 10/16/2012 St. Joseph County Housing Consortium $20,855.62 1 10/12/2012 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. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 8 :33 a.m. BOARD OF PUBLIC WORDS Gary A. Gilot, President Donald E. Inks, Member Kathryn E. Roos, Member Michael C. Mecham, Mem� `Mark W. Neal, Member ATTEST: n m a M. Martin, Clerk