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HomeMy WebLinkAbout12/11/12 Board of Public Works MinutesREGULAR MEETING DECEMBER 11 2012 380 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, December 11, 2012, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Kathryn E. Roos, Michael Mecham and Mark Neal present. Also present was Board Attorney Cheryl Greene. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition of two Professional Services Agreements and one Amendment to a Professional Services Agreement to the agenda. PUBLIC HEARING — TRANSIENT MERCHANT LICENSE APPLICATION — SHALLOW CONCESSIONS Mr. Gilot opened the Public Hearing and advised that this was the date set for the Board's Public Hearing concerning an application for a Transient Merchant License from Shallow Concessions, 391 Witte Road, Troy Missouri 63379, for the sale of Notre Dame Fighting Irish souvenirs and merchandise at the BP Station at 5317 Western Avenue and the Marathon Station at 111 East Ireland Road. He noted recommendations were received from the Fire Department, Building Department, and the Police Department. The Police Department stated it had concerns with traffic flow at these intersections and the lack of parking. They also requested confirmation that the products being sold were authentic and the NCAA and Notre Dame's legal department had granted them rights to sell the products. The Fire Department stated the tent and its placement must meet the requirements of Chapter 24 of the 2006 International Fire Code. Mr. Barry Dantzer, Shallow Concessions, stated their tent comes with a flame resistant certificate and will meet the Fire Department requirements. He added that all of the wholesalers they purchase their merchandise from are licensed to sale the merchandise. Ms. Michelle Adams, Licensing, stated she contacted Notre Dame's licensing department and they can confirm if the companies are licensed or not. Mr. Tom Gerard, Shallow Concessions, informed the Board the State doesn't license retailers, just the merchandise. Mr. Mike Shallow, Shallow Concessions, stated he met with the Building Department and they have approved the plan for the placement of the tent. He noted they really don't expect traffic to get out of control; they generally don't draw that much traffic. Ms. Greene stated they have met the legal requirements and the Police Department and Fire Department concerns; it is up to the Board on the traffic flow issue. She noted just the licensing of the product would need follow -up. Mr. Gilot asked Mr. Mecham if he could arrange to have the locations observed by Police and closed down if it becomes a traffic hazard at peak traffic hours. Mr. Mecham stated he would follow -up. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the license application was approved subject to review of traffic by Police and verification of authentic products. Ms. Greene informed the owners of Shallow Concessions that the license is revocable if the regulations are not met. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the minutes of the Agenda Review Session on November 15, 2012; the Regular Meeting on November 20, 2012, and the Claims Review meetings on November 26, 2012 and December 4, 2012 were approved. OPENING OF BIDS — PRIMARY CLARIFIER REHABILITATION AND EQUIPMENT UPGRADES -- PROJECT NO. 111 -071 WASTEWATER CAPITAL This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: WALSH CONSTRUCTION COMPANY II LLC 1260 East Summit Street Crown Point, Indiana 46307 Bid was signed by: Mr. Sean Walsh 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: $5,800,000.00 REGULAR MEETING DECEMBER 11 2012 381 L.D. DOCSA ASSOCIATES, INC. 1605 King Highway Kalamazoo, Michigan 49001 Bid was signed by: Mr. Jason Doesa Contractor's Non - Collusion Affidavit, Nora- 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: $5,043,270.00 THIENEMAN CONSTRUCTION INC. 17241 Foundation Parkway Westfield, Indiana 46074 Bid was signed by: Mr. Vincent Rock Contractor's Non - Collusion Affidavit, Nan - 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: $5,840,000.00 ROBERT E. CROSBY INC. 2805 Freeman Street Fort Wayne, Indiana 46802 Bid was signed by: Mr. Paul Kirk 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: $6,782,490.00 GRAND RIVER CONSTRUCTION LLC 5025 4e Avenue Hudsonville, Michigan 49426 Bid was signed by: Mr. William Kersaan 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: $5,638,000.00 MILLER-DAVIS COMPANY 1029 Portage Street Kalamazoo, Michigan 49001 Bid was signed by: Mr. Rex Bell 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: $5,366,000.00 Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the above bids were referred to Engineering and Wastewater and their consultant for review and recommendation. OPENING AND AWARD OF BIDS — APPROVE CONTRACT — CENTURY CENTER WEST ENTRANCE IMPROVEMENTS —PROJECT NO. 112 -067_ DOWNTOWN TIFF REGULAR MEETING DECEMBER I i 2012 382 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: ZIOLKOWSKI CONSTRUCTION INC. 4050 Ralph Jones Drive South Beard, 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 s Base Bid $129,900.00 Alternate Al $4,770.00 Alternate A2 $14,300.00 Alternate A3 ($3,000.00) Base Bid Plus Alternates $147,450.00 MAJORITY BUILDERS 62900 Us 31 South South Bend, Indiana 46614 Bid was signed by: Mr. Rick Slagle Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted Five percent (5 %) Bid Bond was submitted m Base Bid $166,980.00 Alternate Al $9,270.00 Alternate A2 $18,555.00 Alternate A3 ($1,740.00) Base Bid Plus Alternates $193,065.00 BROWN & BROWN GENERAL CONTRACTORS INC. PO Box 487 124 South Elkhart Street Wakarusa, Indiana 46573 Bid was signed by: Mr. Eric Brown Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Nan - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted Five percent (5 %/) Bid Bond was submitted M Base Bid $164,803.00 Alternate Al $24,915.00 Alternate A2 $16,542.00 Alternate A3 ($6,233.00) Base Bid Plus Alternates $200,027.00 GIBSON -LEWIS LLC 1001 West 1 It Street Mishawaka, Indiana 46544 Bid was signed by: Mr. Robert Lingenfelter Contractor's Non - Collusion Affidavit, Non - Debarment Affidavit, Employment Eligibility Verification, Non - Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was Submitted REGULAR MEETING Five percent (5 %/) Bid Bond was submitted ' Base Bid $145,000.00 Alternate Al $21,000.00 Alternate AZ $14,000.00 Alternate A3 ($7,000.00) Base Bid Plus Alternates $173,000.00 ; DECEMBER 11, 2012 383 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bids were referred to Engineering and Century Center and their consultant for review and recommendation. After reviewing those bids, Mr. John Engstrom, Engineering, recommended that the Board award the contract to the lowest responsive and responsible bidder Ziolkowski Construction, Inc., in the amount of $148,970.00, which is the Base Bid plus Alternates 1 and 2. Mr. Engstrom noted that Ziolkowski had a mathematical error in their bid total, but it did not affect the ranking of the bidders. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Mecham seconded the motion, which carried. OPENING OF BIDS — 2012/2013 SNOW REMOVAL FROM CITY OF SOUTH BEND REDEVELOPMENT COMMISSION OWNED PROPERTIES CaLMLL&MM COMMISSION PROPERTY MAINTENANCE 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: RON WILLIS CONSTRUCTION CO. INC. 54300 Rose Street South Bend, Indiana 46628 Bid was signed by: Mr. Josh 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 BID: $0.49 /linear foot DA FAULKENS 2045 North Meade Street South Bend, Indiana 46628 Bid was signed by: Mr. Derrick Faulkens, Sr. 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: $0.39/linear foot B &J EXCAVATION COMPANY, INC. 1104 West Donald Street South Bend, Indiana 46613 Bid was signed by: Ms. Janice Kimbrough 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: $0.49 /linear foot Upon a motion made by Mr. Gilot, seconded by Mr. Neal and carried, the above bids were referred to the Department of Community Investment Services for review and recommendation. Ms. Greene stated there is no legal requirement for a bid bond; however she requested the staff review the quotes to confirm they meet the specification requirements. REGULAR MEETING DECEMBER 11 2012 384 OPENING AND AWARD OF QUOTATIONS ---- APPROVE CONTRACT — 2012 BACKUP REPLACEMENT — DISK TARGET SELECTION EXAGRID fINFORMATION TECHNOLOGIES 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: CDW GOVERNMENT LLC 230 North Milwaukee Avenue Vernon Hills, Illinois 60061 Quotation was submitted by Mr. Matthew Flood 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: $62,055.25 EXAGRID 2000 West Park Drive Westborough, Massachusetts 01581 Quotation was submitted by Mr. William Andrews 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: $65,298.00 PROMARK TECHNOLOGY 10900 Pump House Road, Suite B Annapolis Junction, Maryland 20701 Quotation was submitted by Mr. Nathan Wysocki 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: $68,770.00 Upon a motion made by Mr. Gilot, seconded by Mr. Meebam and carried, the above Quotations were referred to Information Technologies for review and recommendation. After reviewing those bids, Mr. Keith Crain, Information Technologies, recommended that the Board award the contract to the lowest responsive and responsible bidder CDW Government, LLC, in the amount of $62,055.25. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Mecham seconded the motion, which carried. OPENING AND AWARD OF QUOTATIONS --- APPROVE CONTRACT — PORTAGE AVENUE AND BOLAND DRIVE ROUNDABOUT REPAIRS — PROJECT NO. 112 -071 LRSA Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotation was opened and read: RIETH -RILEY CONSTRUCTION CO. INC. 25200 State Road 23 PO Box 1775 South Bend, Indiana 46614 Quotation was submitted by Mr. Scott Kirkpatrick 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: $3,775.00 REGULAR MEETING DECEMBER 11 2012 385 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above Quotation was referred to Engineering for review and recommendation. After reviewing those quotes, Mr. John Engstrom, Engineering, recommended that the Board award the contract to the sole responsive and responsible bidder, Rieth -Riley Construction Co., Inc., in the amount of $3,775.00. 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. REJECT BIDS — CSO NO. 18 BACKWATER GATE IMPROVEMENTS — PROJECT NO. 112 -060 In a letter to the Board, Mr. Richard Smigielski, Environmental Services, requested the Board reject all bids due today for the above project. He noted this will be rebid in January. Upon a motion by Mr. Inks, seconded by Mr. Mecham and carried, the Board approved the rejection of all bids. AWARD BID AND APPROVE CONTRACT — PARKING GARAGE LIGHTING UPGRADES — PROJECT NO. 112 -058 (CED CAPITAL Mr. Jonathon Burke, Energy Office, advised the Board that on October 23, 2012, bids were received and opened for the above referenced project. Ms. Greene noted that the bid is divisible and subject to the availability of funds. It was determined that funds are available for the first two (2) garages, but not the third, so the third garage will go out for bid next year. She noted she confirmed with State Board of Accounts that the bid is divisible. After reviewing those bids, Mr. Burke recommended that the Board award the contract to the lowest responsive and responsible bidder Herrman & Goetz, Inc., 225 South Lafayette Boulevard, South Bend, Indiana 46601, in the amount of $41,000.00 for the Base Bid for the Wayne Street Garage, and $88,000.00 for Alternate No. 1 for the Main Street /Colfax Street Garage. Mr. Burke reiterated that the bids for Alternate No. 2 for the Leighton Garage came in above budget, so it will be rebid in January. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Inks seconded the motion, which carried. RESCIND PROPOSAL AWARD AND RE -AWARD PROPOSAL — LABORATORY EQUIPMENT FOR F CUBED In a memo to the Board, Mr. John Engstrom, Engineering, noted that proposals were opened and awarded at the last Board of Works Meeting of November 20, 2012. Ms. Greene stated the Board now must clarify its award at the last meeting. She stated when the proposals were opened, she reviewed them for legal requirements, and there is no legal requirement for a bid bond for the purchase of equipment. Ms. Greene stated that subsequently after review of the proposals, it was found that the proposal specifications required a bid bond, which only one bidder, Fisher Scientific Company, LLC, provided. Ms. Greene stated she spoke to State Board of Accounts and they confirmed her legal opinion that although a bid bond is not legally required for a proposal for equipment, the proposal specifications did require it, and as a result all bidders are non - responsive to the bid specifications except for Fisher Scientific. Therefore, Ms. Greene recommended the Board rescind their previous award, noting letters had not gone out and no notices to proceed had been issued. She stated there is only one responsive bidder, so items No. 3 through 13 should be awarded to Fisher Scientific Co., LLC, and Items No. 1 and 2 can be purchased on the open market because there were no responsive and responsible proposals received for those items. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the previous award was rescinded and the award was approved as outlined by Ms. Greene. Mr. John Engstrom, Engineering, came back to the Board and informed them that he was just told by F Cubed representatives that the equipment proposed by Fisher Scientific for Item No. 3 is not compatible with their equipment, and non- responsive to the specifications. Therefore, upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the Board amended their previous award, and approved the award of Items Nos. 4 through 13 to Fisher Scientific Co., LLC, and for purchase on the open market Items Nos. 1, 2, and 3. APPROVE BID AWARD EXTENSION — ONE 1 2012 OR NEWER ALL WHEEL DRIVE SUV POLICE PATROL VEHICLE 2012 POLICE DEPARTMENT CAPITAL Mr. Jeffrey Hudak, Central Services, advised the Board that on March 27, 2012, the above referenced bid was awarded to the lowest responsible, responsive bidder, Bloomington Ford, 2200 South Walnut Street, Bloomington, Indiana 47401, Bloomington Ford has agreed to extend the bid to include one additional 2012 or Newer All-Wheel Drive SUV Police Patrol Vehicle. REGULAR MEETING DECEMBER 11 2012 386 Mr. Hudak recommended that the Board approve the bid award extension in the amount of $28,07596. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid award extension be approved as outlined above. Mr. inks seconded the motion, which carried. APPROVE BID AWARD EXTENSION — 2012 DUCTILE IRON PIPE CAPITAL AND REVENUE BOND PROCEEDS Mr. Ed Herman, Water Works, advised the Board that on February 28, 2011, the above referenced bid was awarded to the lowest responsible, responsive bidder, Underground Pipe & Valve, 1077 Oliver Plow Court, South Bend, Indiana 46624. This award was extended on November 7, 2011 for 2012 with an adjusted annual increase. Underground Pipe & Valve has agreed to extend the unit prices through December 31, 2013 with an adjusted annual price based on Philadelphia Scrap price and an escalator factor. He noted the 2013 prices will decrease by 4 %. Mr. Herman recommended that the Board approve the bid award extension in unit prices submitted, noting the award is a substantial savings to the City. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid award extension be approved as outlined above. Ms. Roos seconded the motion, which carried. APPROVE CHANGE ORDER NO. 4 — DIAMOND AVENUE TRUCK STORM SEWER — PROJECT NO. 109 -033B 2011 SEWER BOND Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 on behalf of HRP Construction, Inc., 5777 Cleveland Road, South Bend, Indiana 46628, indicating the contract amount be increased by $85,131.23 for a modified contract sum, including this Change Order, in the amount of $3,660,950.23. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — ORGANIC RESOURCES — SITE IMPROVEMENTS PROJECT NO. 112 -011A ORGANIC RESOURCES IMPROVEMENTS Mr. Gilot advised that Mr. Jacob Klosinski, Environmental Services, has submitted Change Order No. 2 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating the contract amount be decreased by $6,287.50 for a modified contract sum, including this Change Order, in the amount of $447,795.20. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. I — RUSHTON APARTMENTS RENOVATION — MASONRY REHABILTIATION — PROJECT NO. 112 -037A WWCDA TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Kemna Restoration & Construction, Inc., PO Box 1043, Indianapolis, Indiana 46206, indicating the contract amount be increased by $1,500.00 for a modified contract sum, including this Change Order, in the amount of $105,400.00. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1— 12" AND 14"' FLOOR RENOVATIONS COUNTY - CITY BUILDING — PROJECT NO. 112 -063 COIT Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, Indiana 46628, indicating the contract amount be increased by $8,230.00 for a modified contract sum, including this Change Order, in the amount of $49,380.00. Ms. Greene noted the increase meets the statutory cap of 20 %; any additional work will need to be quoted out. Upon a motion made by Mr. Gilot, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 FINAL AND PROJECT COMPLETION AFFIDAVIT — WESTERN AND WALNUT INTERSECTION IMPROVEMENTS -- PROJECT NO. 107 -074 FHWA /LRSA Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 4 (Final) on behalf of Rieth -Riley Construction Co., hie., PO Box 1775, South Bend, Indiana 46614, indicating the contract amount be increased by $72,304.00 for a modified contract sum, including this Change Order, of $1,705,599.11. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $1,705,599.11. Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, Change Order No. 4 (Final) and the Project Completion Affidavit were approved. Mr. Villa noted that the City's portion is only 10% of the total and the State will cover the other 90 %. APPROVE CHANGE ORDER NO. 3 FINAL AND PROJECT COMPLETION AFFIDAVIT -- TRIANGLE NEIGHBORHOOD INFRASTRUCTURE IMPROVEMENTS — PROJECT NO. 109 -009 (MAJOR MOVES /EDIT) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 (Final) on behalf of HRP Construction Co., PO Box 266, South Bend, Indiana 46624, indicating the contract amount be decreased by $22,059.38 for a modified contract sure, including this Change Order, of $1,636,631.36. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $1,636,631.36. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, Change Order No. 3 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 1 FINAL AND PROJECT COMPLETION AFFIDAVIT --- GOODSON COURT SEWER EXTENSION — PROJECT NO. 112 -035 SEWER INSURANCE Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I (Final) on behalf of Youngs Excavating, Inc., PO Box 2765, South Bend, Indiana indicating the contract amount be decreased by $15,706.93 for a modified contract sum, including this Change Order, of $36,45892. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $36,458.92. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 1 FINAL AND PROJECT COMPLETION AFFIDAVIT — MEMORIAL HOSPITAL STREETSCAPE IMPROVEMENTS — PROJECT NO. 111 -060 (MEDICAL TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I (Final) on behalf of Rieth -Riley Construction Co., Inc., PO Box 1775, South Bend, Indiana 46614, indicating the contract amount be decreased by $80,066.30 for a modified contract sum, including this Change Order, of $824,027.20. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $824,027.20. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, Change Order No. I (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO. 1 FINAL AND PROJECT COMPLETION AFFIDAVIT --- 113 EAST WAYNE STREET AND 301 SOUTH MICHIGAN STREET STREETSCAPE IMPROVEMENTS — PROJECT NO, 112 -056 SBCDA TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on behalf of L.L. Geans Construction Co., 1923 North Home Street, Mishawaka, Indiana 46545, indicating the contract amount be decreased by $707.39 for a modified contract sum, including this Change Order, of $19,752.16. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $19,752.16. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, Change Order No. I (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT --- INSTALLATION OF 45 KW HYDROELECTRIC TURBINE — PROJECT NO. 111 -010 EECBG Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Koontz- Wagner Construction Services, LLC, 3801 Voorde Drive, South Bend, Indiana 46628, for the above referenced project, indicating a final cost of $268,723.00. Upon a motion made by Mr. Gilot, 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 — PINHOOK WATER TREATMENT PLANT EFFICIENCY IMPROVEMENTS — PROJECT NO. 112 -062 2012 REVENUE BONDS In a memorandum to the Board, Mr. John Wiltrout, Water Works, requested permission to advertise for the receipt of bids for the above referenced project. Ms. Greene stated she needed to review the specifications and this should not be advertised until further review. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above request was approved to advertise at a later date, subject to clarification by Legal. ADOPT RESOLUTION NO. 62- 2032 -- A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY REGULAR MEETING DECEMBER 11 2012 388 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. 62-2012 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36 -9 -6 -1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847 -88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, UNIFORM DIVISION CHIEF JEFFERY WALTERS retired effective October 28, 2012, from the South Bend Police Department after more than twenty-five (25) 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. AL61961, 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 11TH DU of DECEMBER 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos S/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 65 -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. 65-2012 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: REGULAR MEETING DECEMBER 11, 2012 389 ONE fft 1996 VACTOR BOOM WELDMENT SLEEVE 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 11th day of DECEMBER 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos sl Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 66 -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. 66-2012 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: SIXTY (601-&'T-12 LIGHT FIXTURES AND ONE - HUNDRED TWENTY 120 T -12 BULBS 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 1 Ith day of DECEMBER 2012. CITY OF SOUTH BEND REGULAR MEETING ATTEST: s/Linda M. Martin, Clerk DECEMBER 11 2012 390 BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos sl Michael C. Mecham s/ Mark W. Neal ADOPT RESOLUTION NO. 69 -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. 69-2012 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: VARIOUS EQUIPMENT FROM VARIOUS DEPARTMENTS 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 I Ith day of DECEMBER, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot sl Donald E. Inks s/ Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 72 -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. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 72 -2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY REGULAR MEETING DECEMBER 11, 2012 391 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: VARIOUS -EQUIPMENT FROM THE FIRE DEPARTMENT AND THE MORRIS PERFORMING ARTS CENTER (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 11th day of DECEMBER 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot sl Donald E. Inks sl Kathryn E. Roos s/ Michael C. Mecham sl Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 73 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING POLICY FOR RESPONSIBLE BIDDING IN PUBLIC WORKS PROJECTS Ms. Greene noted this resolution is a result of a work in progress over the last year due to an Ordinance of the Common Council. She stated she met with the Trade Unions, MACAIF, and Council members. They came up with a policy that would apply to Public Work's projects over $150,000.00. She noted the Board is allowed to set their own policies and procedures and this one captures the requirements of State law on how to award a bid and additional language that would allow the Board to audit contractors. She noted this doesn't change many requirements in place but allows the Board to periodically confirm that contractors are compliant with wage rates. She stated this adds a level of responsibility to contractors doing business with the City; allows the Board to do random audits of contractors doing business with the City; and is consistent with the duties and policies of State law. Mr. James Gardner, Local No. 150, stated he sent the resolution to the Unions and they are all on board with the policies. 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. 73-2012 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ESTABLISHING POLICY FOR RESPONSIBLE BIDDING IN PUBLIC WORKS PROJECTS WHEREAS, pursuant to I.C. §36 -1 -12 et seq., as amended from time -to- time, the City of South Bend, Indiana Board of Public Works ( "Board ") has authority over construction of "Public works ", as defined by I.C. § 36- 1 -12 -2; and WHEREAS, the Board's duties include, but are not limited to, oversight of the public bidding process as well as the award of public contracts associated with public works projects; and REGULAR MEETING DECEMBER 11, 2012 392 WHEREAS, the procedures for public bidding are prescribed by state law and federal and include the requirements to which persons wishing to bid on a public works project must comply, as well as those procedures to which the Board must adhere in carrying out its duties; and WHEREAS, I.C. §36- 1 -12 -4, as amended from time -to -time, provides various criteria which the Board may consider in determining whether a bidder is deemed "responsive" and "responsible" in making any contract award on a public works project; and WHEREAS, the criteria specified in I.C. § 36- 1 -12 -4 is not an exclusive listing of criteria by which the Board may make its award determination, and provides the Board with the authority to use its discretion in rejecting and awarding bids received on a public works project; and WHEREAS, the Board has determined that workers on public works contracts paid for out of public funds should be compensated fairly for the application of their skills and training, and it is in the best interests of the City and its citizens to ensure compliance with same; and WHEREAS, the Board desires to establish certain policies and procedures related to responsible bidding in awarding public contracts. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that: 1. The Board hereby determines that workers on public works contracts should be fairly compensated for work performed on public works projects, and that it is in the best interests of the City and its citizens that the Board set forth certain policies and procedures that will ensure such practices by contractors who are performing work on City projects that are subject to Indiana's competitive bidding laws. 2. The policies and procedures established by the Board in this resolution shall be applicable to a public works project where the cost is estimated to exceed $150,000 and is required to be competitively bid in accordance with I.C. 36- 1 -12 -1 et seq., as may be amended from time -to -time, and shall apply to those applicable public works projected awarded after January 1, 2013. - 3. In making its determination whether to award a bid, the Board may consider the criteria set forth at I.C. §36- 1 -12 -4, as amended from time -to -time, which shall include, but is not limited, to the following: a. In determining whether a bidder is responsive, the Board may consider the following factors: i. Whether the bidder has submitted a bid that conforms in all material respects to the specifications. ii. Whether the bidder has submitted a bid that complies specifically with the invitation to bid and the instructions to bidders. iii. Whether the bidder has complied with all applicable statutes, ordinances, resolutions, or rules pertaining to the award of a public contract. iv. Any other criteria applicable under local, state and federal laws, rules and regulations, as each may be amended from time -to -time. b. In determining whether a bidder is a responsible bidder, the Board may consider the following factors: i. The ability and capacity of the bidder to perform the work. ii. The integrity, character, and reputation of the bidder, iii. The competence and experience of the bidder. iv. Any other criteria under applicable local, state and federal laws, rules and regulations, as each may be amended from time -to -time, REGULAR MEETING DECEMBER 11, 2012 393 4. The criteria specified in Paragraph 3 are not an exclusive listing of factors for the Board's consideration. 5. At all times during the course of performing work on a public works project, contractors are required to comply with all applicable local, state and federal laws, rules and regulations as each may be amended from time -to -time, and shall, upon request of the Board or its designee, provide evidence of such compliance. 6. As evidence of compliance with the scale of wages required by state and/or federal law, or rules and regulations governing such wages as well as any other policies or procedures adopted by the Board related to wage rates, the Board may require the contractor to submit any or all of the following documentation: a. Certified payroll records in a form consistent with the form of payroll record attached hereto and incorporated herein as Exhibit "A ". b. The name, address, and telephone number of any benefit plan(s) or insurer(s) to which contractor contributes as part of a fringe benefit payment claimed on the public work project. If a contractor has provided such information to the Board related to work performed under a public works contract with the City of South Bend within three (3) years of the date of the most recent bid award, the Board may, in its sole discretion, permit contractor to attest as to any material changes. c. All contractors shall be required to provide the Board with written notice within ten (10) business days of any changes to wages and /or fringe benefits during the course of the project. d. The Board reserves the right to periodically confirm wage and fringe benefit payments claimed by any contractor, and to notify the contractor in writing of a finding of non - compliance. Contractor shall have five (5) business days from the receipt of such notice to correct any deficiency, and shall provide the Board with written confirmation of compliance. For purposes of this section, "non- compliance" shall be limited to willful failure to comply with applicable local, state and federal laws, rules and regulations, or fraud or failure to submit the information requested, failure to pay the wage rates and fringe benefits required by state law, or any other deviation or error by the contractor, the waiver of which, would place the contractor in a position of having an advantage over other bidders for the project, and shall not include clerical errors or other such mistakes that the Board deems immaterial. e. In administering this policy, it is the intent of the Board to randomly select at least two (2) public works projects annually to be audited for compliance with this policy. ]However, the Board reserves the right to audit all public works projects in order to ensure compliance with applicable local, state and federal laws, rules and regulations, and this policy. f In awarding public contracts, the Board reserves the right to consider continuing or repeated violation of any applicable local, state and federal laws, rules and regulations, including this policy, as a factor in determining whether a contractor is deemed a "responsible" bidder as described in Paragraph 3(b), above. 7. Notwithstanding this policy and the procedures established herein, all bidders awarded a public contract shall be required to comply with all applicable local, state and federal laws, rules and regulations, as each may be amended from tune -to -time. 8. Nothing in this Resolution shall be construed to require approval by the Board, nor prevent the Board from imposing additional conditions or restrictions that the Board, in its sole discretion, deems necessary or desirable in carrying out the general intents and purposes of this Resolution. 9. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works held on December 11, 2012 at 227 West Jefferson, Room 1308, County -City Building, South Bend, Indiana 46601. REGULAR MEETING ATTEST: s /Linda M. Martin, Clerk DECEMBER 11 2012 394 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ADOPT RESOLUTION NO. 74 -2012 —A RESOLUTION OF THE BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY Upon a motion made by Mr. Neal, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 74-2012 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: RADIO EQUIPMENT 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 11th day of DECEMBER 2012. s/ Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos sl Michael C. Mecham S/ Mark W. Neal ATTEST: s /Linda M. Martin, Clerk ADOPT RESOLUTION NO. 67 -2012 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE 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. 67-2012 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY REGULAR MEETING_ DECEMBER 11, 2012 395 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: ONE (1) 1965 STUDEBAKER WAGONAIRE 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 11th day of DECEMBER, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks 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 Technical Physio Control Maintenance for LifePak 500 $14,161.00 Roos /Inks Services AED's Used by the Police (General Fund) Support Department Agreement Cooperative T- Mobile Provide 311 Dialing Service N/A Roos /Inks Agreement Central, LLC Renewal SimplexGrinnell Fire Monitoring at Water $494.00 Gilot/Roos Agreement Works Main Street Office (Water Works Operating Fund) Agreement Urban Enterprise Administration of the Zone $50,000.00 Roos /Inks Association of Program for 2013 (Paid to (UEA Funds) South Bend, Inc. City) Services Ivy Tech College Diversity Ordinance — Public $975.00 Inks /Roos Agreement Bidding Workshop (Engineering (Mr. Gilot Operating Recused Budget) Himself) Professional Ciber, Inc. IBM IO —Upgrade $3,495.00 Neal /Roos Services V5R4 to V6RI (Information Agreement Technologies) Agreement Housing 2013 Support for HUD Grant $7,000.00 Gilot/Neal REGULAR MEETING DECEMBER l l 2012 396 Authority of —Lead Hazard Control (EDIT) South Bend Agreement ARCADIS US, Wastewater Treatment Plant — $268,300.00 Inks /Mecham for Inc. 2013 Facilities Plant Update — (Environmental Professional Project No. 113 -0 01 — Lump Services/ Services Sum /Progressive Billing Wastewater/ Contractual Services /Other) Addendum to Redevelopment Increase Funds for N/A Inks /Roos the Master Commission Demolition of Homes within Agency AEP Electric Pole Easement Agreement by Realigned SR23 — Project No. 112-061 Special Logicalis CISCO ScanSafe Licensing $47,575-06/36 Roos /Inks Purchase for Three Years — QPA months Pricing (IT Operating) Invoice R.E. McCloskey Additional Property Appraisal $350.00 Gilot /Inks & Associates, for Edison Road Widening (LRSA) Inc. Project — 111 -053 Amendment ARCADIS US, Extension of Water Quality $8,500.00 Roos /Inks to Inc. Technical Services — One (Water Works Processional Year Operating) Services Agreement Special Dell Purchase of Virtualization $67,602.48 Inks /Mecham Purchase Server to Replace Existing ($34,483 Police Servers — QPA Pricing Computer Capital (404.0801.421.4 3.08); $23,119.48 Police Accident Reports (220.0801.421.4 3.06); $10,000 State Asset Forfeiture (216.0801.421.4 Services Motorola Maintenance and Service for 3.06) $44,1 57.84 Roos /Inks Agreement Solutions 800 Mhz Consoles, (Police General Consolettes, Dispatch Center, Fund) Central Electronics Bank, 800 Datatac Sites and all Onsite Infrastructure Response — January 1, 2013 to December 31, 2013 Professional Indiana Paging Off -Hours Phone Answering $7,000.00 Inks /Roos Services Network, Inc. Service for Water Works (Water Works Agreement Revenue) Agreement Memorial Extend Children's Hospital Paid to Fire Roos /Inks Renewal Hospital of Ambulance Staffing Department Extension South Bend Agreement until March 2013 or until New Contract is Finalized Professional The Troyer Re -Bid and Construction NTE Gilot/Roos Services Group Administration for the $39,300.00 Agreement Century Center Lighting (Century Center Renovations -- Project No. Cap Imp) 112 -033 Amendment Microsoft Amend Microsoft Enterprise NIA Roos/Neal REGULAR MEETING DECEMBER 11 2012 397 to Professional Services Agreement Agreement to Allow Email Retention for the Lowest Level Plan Professional Kristopher Renewal of Original $27.50/hr., NTE Roos /Inks Services Priemer Agreement to Extend Term of $28,000.00 Agreement Consultant until June 30, Renewal 2013 Professional Tina Noel Provide Public NTE $7,500.00 Mecham/Neal Services Relations /Communications (COIT) Agreement Services to City to fill Vacancy in Mayor's Communication Staff FAVORABLE RECOMMENDATION - PETITION TO VACATE 160.39' OF THE RIGHT OF WAY ON THE EAST SIDE OF NILES AVENUE AT THE INTERSECTION OF JEFFERSON BOULEVARD AND NILES AVENUE Mr. Gilot indicated that Abonmarche Consultants, on behalf of Mr. David Matthews, has submitted a request to vacate the above referenced right -of -way for the purposes of redevelopment. 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 Investment Services 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, Ms. Roos made a motion that the Clerk send a letter to the petitioner recommending approval of the request for vacation. Mr. Inks seconded the motion which carried. APPROVE APPLICATION FOR HONORARY STREET SIGNS --- SUPT. ROBERT E. HERRON, SR. Mr. Robert E. Herron, Jr., submitted an application for the placement of two Honorary Street Signs for Supt. Robert E. Herron, Sr. The request is for one sign at Fellows Street and Pennsylvania Avenue, and one at Rush Street and Pennsylvania Avenue. Included with the application, Mr. Herron submitted a petition of support and a statement of the significance of Mr. Herron, Sr.'s achievements. Upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the application was approved subject to payment of $250.00 for the signs. APPROVAL OF 2013 HOLIDAY SCHEDULE FOR CITY EMPLOYEES Ms. Janice Hall, Human Resources, submitted the 2013 Holiday Schedule for City Employees, approved by Mayor Buttigieg and the Common Council. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following schedule was approved: New Year's Day Martin Luther King, Jr. Day Good Friday Memorial Day Independence Day (Observed) Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day (Observed) Tuesday, January 1, 2013 Monday, January 21, 2013 Friday, March 29, 2013 Monday, May 27, 2013 Thursday, July 4, 2013 Monday, September 2, 2013 Monday, November 11, 2013 Thursday, November 28, 2013 Friday, November 29, 2013 Wednesday, December 25, 2013 APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following traffic control device was approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign REGULAR MEETING LOCATION: 807 Diamond Avenue REMARKS: All criteria has been met DECEMBER 11 2012 398 APPROVE INDUSTRIAL WASTEWATER DISCHARGE PERMIT MODIFICATION In a Memorandum to the Board, Ms. Kim Thompson, Division of Environmental Services, submitted the following Industrial Wastewater Discharge Permit modification and recommended approval: 1. Company: New Energy Corp. 2. Location: 3201 West Calvert Street 3. Description: Suspend Sample and Treatment Requirement during Plant Shut Down for Significant User Permit No. 161291 -88700 There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Neal and carried, the permit modification was approved. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the Certificates of Insurance for the following businesses were accepted for filing: A. Schuell Fence Company B. DTH Contractors, LTC — CanceIlation C. S &L Builders LLC, S &L Concrete & Excavating RATIFY APPROVAL OF 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 as follows: Business Band Type Approved/ Released Effective Date United Concrete, Inc. Contractor pproved November 15, 2012 Tim Davis Excavation _,A Approved November 8, 2012 Kreager Brothers Excavating, Inc. Excavation Approved December 5, 2012 Ms. Roos made a motion that the Bonds approval as outlined above be ratified. Mr. Mecham seconded the motion, which carried. APPROVE CLAIMS Mr. Inks stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $5,189,534.95 12/03/2012 and 12/07/2012 City of South Bend $1,178,294.17 12/11/2012 City of South Bend $4,683,378.44 12/07/2012 Therefore, Ms. Roos made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Inks seconded the motion, which carried. BOARD MEMBER EXCUSED Ms. Roos excused herself from the meeting at 11:25 a.m. PRESENTATION ON REVISION TO LOCAL LIMITATION ALLOCATION METHOD Ms. Kim Thompson, Division of Environmental Services, stated that in September she submitted a Memorandum to the Board notifying the Board of a Wastewater Discharge Permit local limit change for a method for allocated discharge limits to local industrial users. She subsequently received requests for more information from several of the Board members. Ms. Thompson informed the Board that the NPDES permits require an evaluation every five (5) years. The City recently completed an evaluation of the existing local industrial user discharge limitations. This evaluation was required to be in compliance with the Clean Air Act. She noted the evaluation showed that the current local limitations needed to be revised to significantly lower levels. The proposed limits would be much lower than surrounding communities, and at least two (2) industrial users would have to install additional pretreatment equipment to meet the lower limits. REGULAR MEETING DECEMBER 11 2012 399 Ms. Thompson noted this is due in part to the way South Bend allocates local limits, using the "universal allocation" method which allocates pollutants to industries that may have no potential to discharge that particular pollutant. The "universal allocation" method is the most common method and is perceived as the easiest and most fair method. Ms. Thompson stated that the staff is recommending changing to the "What you need is what you get" method at this time. In this method, the users are given a pollutant concentration based on the pollutants which are present in their facility. This method will allow current users to have limitations that are much closer to the existing limits, and potentially allow a pollutant reserve to be developed so that new industry could begin to discharge without affecting existing user limitations. She noted that the Wastewater staff has informed existing industrial users about the potential change and there have been no negative comments. Some have offered to speak in favor of this change if needed. Ms. Thompson stated she is requesting the Board approve the new allocation method so that it can be submitted to the Common Council for preliminary approval, and then to the US EPA. There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Mecham and carried, the revised allocation method was approved. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the meeting adjourned at 11:47 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michael Mecham, Member onald IY Inks, Member Mark Neal, Member Kathryn Roos, Member Linda M. Martin, Clerk'-