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HomeMy WebLinkAbout04/23/13 Board of Public Works MinutesAGENDA REVIEW SESSION APRIL 18, 2013 119 The Agenda Review Session of the Board of Public Works was convened at 10:37 a.m. on Thursday, April 18, 2013, by Board President Gary A. Gilot, with Board Members Donald E. Inks, Michael C. Mecham and Mark W. Neal present. Board Member Kathryn E. Roos was absent. Also present was Board Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition to the agenda of a request to award the 2013 Traffic Paint quote, and an Open Air License. Addendum to the Master Agency Agreement — Memorial Parking Phase 3B Mr. Dave Relos, Community Investment, stated last year the City did Phase 3A, now he is requesting to approve Phase 313, which includes the 500 block of North Michigan Street and Northwest corner of Madison Street. He noted that Memorial Hospital bought the eye doctor building across the street and it is being added to this scope. Mr. Gilot stated there is currently a competition for funds for downtown two-way traffic studies, and questioned if the funding is secured for this project. Mr. Relos stated the funds are approved. Mr. Neal suggested they should confirm that hasn't changed. Mr. Relos noted the City entered into a Development Agreement with Memorial Hospital and this project is included. Mr. Inks stated they need to reconfirm the budget for this. - Change Order — Wastewater Treatment Plant Automation of DO Controls for Aeration Blowers Mr, Jacob Klosinski stated this increase is for procurement and installation of necessary, additional instrumentation components to upgrade the existing electrical panels and the Wastewater Treatment Plant compressor building after difficulties with some programing was discovered during work on the project. Mr. Neal noted this is Change Order No. 3 and questioned if they are approaching 20%. Mr. Klosinski stated they are not; the first two changes totaled only about 1 %. — Request to Advertise for Bids - Wastewater Treatment Plant Digester No. 2 Upgrade and Digester Gas Cleaning Mr. Neal asked Mr. Jacob Klosinski what the projected completion date is for this project. Mr. Klosinski stated it is projected to be completed in fifteen (15) to eighteen (18) months. Mr. Eric Horvath, Public Works, stated that in the future he would like to have all the specifications and plans done before the request to advertise is submitted. He noted if there are issues with the specifications and plans, they have time to correct them. He added Contractors are coming in for plans occasionally and they aren't done. Mr. Gilot asked is they are cleaning the gas. Mr. Klosinski stated they are cleaning it, and the intent is to reuse it. - Special Purchase — Wastewater Treatment Plant Low Pressure Membrane Diffuser Replacement for Aeration Tank 3 Mr. Jacob Klosinski stated Tank 4 was completed last year, and they have a contract with Sanitaire to do all of the tanks. He explained that the ceramic stone diffusers have reached the end of their service life and must be replaced with either new ceramic stones or low pressure membranes. The low pressure membranes are less expensive, reduce energy costs, and allow for greater process control of the aeration system. Mr. Al Greek, Environmental Services, stated the biggest issue is safety. The previous method involved the use of an acid wash, a dangerous method with potential harmful results. Mr. Neal stated he would like to see a Memo with the breakdown of the charges and savings. - Award Quotation — 2013 Traffic Paint Mr. Paul South, Street Department, noted that the quotations came in 20% higher this year than last year. Mr. Gilot questioned if that is due to increased fuel costs. Mr. South stated he is not sure. He added they are doing thermoplastic paint this year; last year it was water based paint. Award Quotation — 2013 Curb and Sidewalk Program — Tree Removal Mr. Paul South, Street Department, informed the Board that costs for this service this year are lower than last year's. Professional Services Agreement — East Bank Sewer Separation, Phase 4 Mr. Inks questioned whether it makes sense to try to bring in inspectors on staff for these projects that are pretty substantial and seem to occur regularly. He suggested there could be substantial savings hiring one or two in-house inspectors for these types of projects. Mr. Mecham stated Engineering tried to bring in some this year and determined it needed to be bid out. Mr. Toy Villa, Engineering, explained that CSO projects require someone to be there all day. He noted the Engineering inspectors are required to spend a couple hours a day on each project, AGENDA REVIEW SESSION APRIL 18, 2013 120 there is not enough time for them to be on site all day. Mr. Eric Horvath, Public Works Director, stated the temporary thing is tough; it's hard to find the right person. - Licensing Agreement — Netmotion Licenses for South Bend Police Department Lieutenant Chris Voros, Police Department, stated this request is to purchase 200 licenses for Netmotion for officers to have access to mug shot photos and information in their car. He explained they were previously approved for air cards, but cellular providers will time out if you aren't always on your computer, which requires the officers to have to login again, and wait to get on their computer. He noted the State, the City of Elkhart, and St. Joseph County are all using this program. Mr. Neal asked does this compliment the air card or move away from it. Mr. Sal Parisi, Police Department, stated this compliments the air cards. He noted one difficulty with air cards is they disconnect when out of range, requiring you to reboot your computer. This new system allows them to switch networks when out of range. He added this also helps to prepare them for compliance requirements coming in September. Mr. Parisi reiterated that no matter where they are, as long as they have wireless service, they will keep connected. Mr. Neal requested they touch bases with the City IT Department on this. - Award Bid — One Pre -Owned 2012 or Newer Mid -Size Four -Door Sedan with Hybrid Train Mr. Jeff Hudak, Equipment Services, noted they are actually purchasing a new vehicle rather than a used one for an Engineering Inspector that has been using his own vehicle for work. He stated the new vehicle came in as a better value. - Award Bid —Two Pre -Owned 2012 or Newer, Compact Four -Door Sedans Mr. Jeff Hudak, Equipment Services, stated the new cars came in cheaper than pre -owned, so they will be purchasing new sedans, not pre -owned. He noted that next year both new and pre- owned vehicles will be bid. - Award Bid — Two 2013 or Newer Four -Door Hybrid Utility Vehicles Mr. Hudak stated that one of these is a hybrid that will replace a Safety and Risk cargo van that one person drives around in. He noted it will be a substantial energy saver. - Reject Bid — One or More, New Heavy Duty Mobile Lifting System Mr. Hudak stated he is requesting to reject the one bid received for this bid. He noted the bid was non -responsive to the specifications which called for a ball and joint system. The bid received was for hydraulics. He explained that those tend to leak. - Resolution No. 24-2013 — Transfer of Property to the Center of History to Facilitate Long Range Campus Planning and Development Mr. Inks stated this request is to transfer two (2) vacant lots to the Center for History. He explained they would like to make them into green space for events for the public to use. Mr. Neal asked if they charge $1.00. Ms. Greene stated no, the Board of Works has the legal authority to do what they want with the property. She noted there is state law that is very specific about to who the City can transfer property to. - Resolution No. 23-2013 -- Establishing Rates for Cost -Sharing Associated with a Voluntary Sidewalk and Curb Replacement Program Mr. Eric Horvath, Public Works Director, stated this resolution is to set rates for the Curb and Sidewalk program. Ms. Greene noted the State Board of Accounts will want to know how you are quantifying the rates, and that you aren't making money. Mr. Horvath noted they are losing money. - Professional Services Agreement — Water Works Security for Main Office Ms. Greene stated this should be an Independent Contractor Agreement for Mr. Lynn Coleman, not a Professional Services Agreement. Mr. Neal explained the current security guard is leaving the position at the Water Works main office on Colfax Avenue in May. He noted they needed someone part-time with a Police background, and Mr. Coleman was a good fit. 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 12:15 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michaaf C. Mec am, Member AGENDA REVIEW SESSION David P. Relos, Member Kathryn E. Roos, Member APRIL 18 2 121 ,14ark W. Neal, Member `Linda M. Martin, Clerk REGULAR MEETING APRIL 23, 2013 The Regular Meeting of the Board of Public Works was convened at 9:36 a.m. on Tuesday, April 23, 2013, by Board President Gary A. Gilot with Board Members Donald E. Inks and Kathryn E. Roos present. Board Members Michael Mecham and Mark Neal were absent. Also present was Board Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the minutes of the Agenda Review on April 4, 2013, the Regular Meeting on April 9, 2013, and the CIaims Review Meeting of April 16, 2013, were approved. OPENING OF BIDS --- WASTE WATER TREATMENT PLANT DETRITUS GRIT TANK DRIVE REHABILITATION — PROJECT NO. ll2-068 ENVIRONMENTAL SERVICES WASTEWATER, CONTRACTUAL SERVICES, OTHER) 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: L.D. DOCSA ASSOCIATES,, INC 1605 King Highway Kalamazoo, Michigan 49001 Bid was signed by: Mr. David Doesa 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: $211,000.00 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: $ t 08,400.00 MASON ENGINEERING AND CONSTRUCTION INC. 5720 Huguenard Road Fort Wayne, Indiana 46818 Bid was signed by: Mr. Daniel Mason 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: $119,500.00 THIENEMAN CONSTRUCTION INC. 17241 Foundation Parkway, Suite 100 Westfield, Indiana 46074 Bid was signed by: Mr. Todd Lemen REGULAR MEETING APRIL 23, 2013 122 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: $219,000.00 Ms. Greene noted there was no acknowledgement of Addendum No. 2 included with L.D. Docsa Associates bid. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Wastewater and Engineering for review and recommendation. OPENING OF BIDS — ONE 1 OR MORE 2012 OR NEWER DUAL GASOLINE AND LP POWERED LIFT TRUCK (2013 CAPITAL BUDGET) This was the date set for receiving and opening of scaled bids for the above referenced vehicle. 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: HULL LIFT TRUCK 28747 Old US 33 West Elkhart, Indiana 46516 Bid was signed by: Mr. Brent Dennison 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 Indiana Local Business Preference Claim form was submitted Ten percent (10%) Bid Bond was submitted I: Est, Item Manufacturer Unit Price Qty. 2012 or Newer Dual Fuel Gasoline 2013 — Toyota Material 1 and LP Powered Lift Truck Handling $24,597,22 Upon a motion made by Mr. Giiot, seconded by Ms. Roos and carried, the above bids were referred to Wastewater and Engineering for review and recommendation. OPENING OF BIDS — ONE (1), OR MORE, 2012 OR NEWER, 35-TON PAVER SPECIAL TRAILER (2013 STREET DEPARTMENT CAPITAL LEASE PRINCIPAL AND INTEREST) This was the date set for receiving and opening of sealed bids for the above referenced equipment. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. The following bids were opened and publicly read: SOUTHEASTERN EQUIPMENT CO., INC. 3333 West Coliseum Boulevard Fort Wayne, Indiana 46808 Bid was signed by: Mr. Paul 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 Indiana Local Business Preference Claim form was submitted Ten percent (10%) Bid Bond was submitted 1 Est. QtY• Item ............. . Manufacturer Unit Price 2012 or Newer 3 5 Ton Paver 1 Special Trailer Eager Beaver - 2013 $47 665.00 REGULAR MEETING APRIL 23, 2013 123 RPM MACHINERY LLC 3953 Ralph Jones Drive South Bend, Indiana 46628 Bid was signed by: Mr. Joe Kaler Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Ten percent (10%) Bid Bond was submitted BID: Est. Qty. Rena Manufacturer Unit Price 2012 or Newer 35 Ton Paver Special Trailer Tomaster -- 2013 $53,390.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Equipment Services and the Park Department for review and recommendation. OPENING OF BIDS — SALE OF SEWER EQUIPME_N_ T This was the date set for receiving and opening of sealed bids for the sale of the above referenced property. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. The following bid was opened and publicly read: HYDROSTRUCTURES PO Box 1537 Pittsboro, North Carolina Bid was signed by: Mr. Marls Barnett BID: $20,000.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bid was referred to Equipment Services and the Sewer Department for review and recommendation. OPENING OF BIDS —SALE OF CITY -OWNED PROPERTY— 116 CHAPEL LANE This was the date set for receiving and opening of sealed bids for the sale of the above referenced property. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News, which were found to be sufficient. The following bid was opened and publicly read: MEGYN AND KARL EDMONSON 1102 West Jefferson Boulevard South Bend, Indiana 46601 BID: $260.00 Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above bid was referred to Community Investment for review and recommendation. OPENING AND AWARD OF QUOTATIONS — APPROVE CONTRACT — DEMOLITION OF 910-912 SOUTH LAFAYETTE BOULEVARD — PROJECT NO. 113-009 AEDA TIF Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: TOROK EXCAVATING AND DEMOLITION 825 South Fellows Street South Bend, Indiana 46601 Quotation was submitted by Mr. William Torok QUOTATION: $45,650.00 C&E EXCAVATING INC. 53767 County Road 9 REGULAR MEETING APRIL 23, 2013 124 Elkhart, Indiana 46514 Quotation was submitted by Mr. Edward Bessinger QUOTATION: $69,000.00 JACKSON TRUCKING & EXCAVATING 9067 West 100 North Kewanna, Indiana 46939 Quotation was submitted by Mr. Harvey Jackson QUOTATION: $55,000.00 R&R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Quotation was submitted by Mr. William Loudin QUOTATION: $70,475.00 RITSCHARD BROS., INC. 1204 West Sample Street South Bend, Indiana 46619 Quotation was submitted by Ms. Rachelle Dolniak QUOTATION: $71,442.00 B&J EXCAVATION, INC. 1104 West Donald Street South Bend, Indiana 46613 Quotation was submitted by Mr. Darnell O'Neal QUOTATION: $39,714.00 Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above Quotations were referred to Community Investment and Engineering for review and recommendation. Ms. Greene noted that B&J Excavating, Inc., and Jackson Trucking and Excavation did not submit the Acknowledgement of Addendum form as required. Mr. Harvey Jackson was present from Jackson Trucking and stated he received the addendum, but did not return the acknowledgement with his quote. After reviewing those quotations, Mr. John Engstrom, Engineering recommended that the Board award the contract to the lowest responsive and responsible bidder, Torok Excavating and Demolition, in the amount of $45,650.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — WILLIAM STREET STREETSCAPE — PROJECT NO. 113-003 WWCDA TIF Mr. Carl Littrell, Engineering, advised the Board that on April 9, 2013, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Littrell recommended that the Board award the contract to the lowest responsive and responsible bidder Rieth-Riley Construction Co., Inc., 25200 State Road 23, PO Box 1775, South Bend, Indiana 46614, in the amount of $122,746.10, which is the Base Bid with Alternate 1. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Ms. Roos seconded the motion, which carried. AWARD BID — TWO (2) PRE -OWNED 2012 OR NEWER, MID -SIZE POUR DOOR SEDAN AUTOMOBILES WITH STANDARD DRIVE TRAIN 2013 FIRE DEPARTMENT CAPITAL) Mr. Jeffrey Hudak, Central Services, advised the Board that on March 26, 2013, bids were received and opened for the above referenced vehicles. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Gates Automotive Group, 636 West McKinley Boulevard, Mishawaka, Indiana 46545, in the REGULAR MEETING APRIL 23, 2013 125 amount of $16,000.00 each for a total of S32,000.00 for two. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. AWARD BID — ONE 1 PRE -OWNED 2012 OR NEWER MID -SIZE FOUR DOOR SEDAN AUTOMOBILE WITH HYBRID TRAIN 2013 ENGINEERING CAPITAL LEASE PRINCIPAL AND INTEREST Mr. Jeffrey Hudak, Central Services„ advised the Board that on March 26, 2013, bids were received and opened for the above referenced vehicle. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Jordan Motors, 609 East Jefferson Boulevard, Mishawaka, Indiana 46545, in the amount of $24,640.00. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. AWARD BID — TWO(2),2013 OR NEWER FOUR DOOR HYBRID UTILITY VEHICLES 2013 CAPITAL BUDGET — SAFETY & RISK/WATER WORKS Mr. Jeffrey Hudak, Central Services, advised the Board that on March 26, 2013, bids were received and opened for the above referenced vehicles. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Jordan Motors, Inc., 609 East Jefferson Boulevard, Mishawaka, Indiana 46545, in the amount of $22,435.00 each for a total of $44,870.00 for two. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. AWARD BID — TWO 2 PRE -OWNED 2012 OR NEWER COMPACT FOUR DOOR SEDAN AUTOMOBILES PARK DEPARTMENT CAPITAL/CODE ENFORCEMENT CAPITAL) Mr. Mr. Jeffrey Hudak, Central Services, advised the Board that on March 26, 2013, bids were received and opened for the above referenced vehicles. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Jordan Motors, Inc., 609 East Jefferson Boulevard, Mishawaka, Indiana 46545, in the amount of $14,740.00 each for a total of $29,480.00 for two. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roos seconded the motion, which carried. APPROVAL OF REQUEST TO REJECT BID — ONE 1 OR MORE NEW HEAVY DUTY MOBILE LIFTING SYSTEM In a memorandum to the Board, Mr. Jeffrey Hudak, Central Services, requested permission to reject the sole bid received for the above referenced equipment. It was noted the sole bidder did not meet the unit's specifications and did not include a bid bond as required. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above request was approved. AWARD UOTATION — 2013 CURB AND SIDEWALK PROGRAM — TREE REMOVAL — PROJECT NO. 113-011A(MVH/CURB AND SIDEWALKI Mr. Paul South, Director of Streets, advised the Board that on April 9, 2013, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. South recommended that the Board award the contract to the lowest responsive and responsible bidder, KC Tree, Inc., 1320 Third Street, Osceola, Indiana, 46561, in unit prices bid. Mr. South noted that Mark Temple Tree submitted a bid that was found non -responsive because they did not submit their Non -Collusion, Non -Debarment Certification form. Therefore, Mr. Inks made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roos seconded the motion, which carried. AWARD QUOTATION — 2013 PAVEMENT PROGRAM — COLD MILLING --w PROJECT NO. 113-012 STREETS/PAVING Mr. Paul South, Director of Streets, advised the Board that on April 9, 2013, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. South recommended that the Board award the contract to the lowest responsive and responsible bidder, J.L. Milling, Inc., 15262 Industrial Drive, Vicksburg, Michigan, 49087, in unit prices bid. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion, which carried. REGULAR MEETING APRIL 23, 2013 126 AWARD QUOTATION — 2013 TRAFFIC PAINT (MVH) Mr. Paul South, Director of Streets, advised the Board that on April 9, 2013, quotations were received and opened for the above referenced material. After reviewing those quotations, Mr. South recommended that the Board award the contract to the lowest responsive and responsible bidder, Sealmaster Indianapolis, 1010 E. Summer Ave., Indianapolis, Indiana, 46227, in unit prices bid. Therefore, Mr. Inks made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roos seconded the motion, which carried. APPROVE CHANGE ORDER NO. 3 — WASTEWATER TREATMENT PLANT AUTOMATION OF DO CONTROLS FOR AERATION BLOWERS — PROJECT NO. 111-070 DIVISION OF ENVIRONMENTAL SERVICES CAPITAL Mr. Gilot advised that Mr. Jacob Klosinski, Environmental Services, has submitted Change Order No. 3 on behalf of Mason Engineering & Consulting, Inc., 5720 Huguenard Road, Fort Wayne, Indiana 46818, indicating the contract amount be increased by $53,123.00 for a modified contract sum, including this Change Order, in the amount of $749,773.60. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the Change Order was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -- INFRARED_ PAVEMENT PATCHING 2013 — PROJECT NO. 113-014 (STREETS/PAVING) In a memorandum to the Board, Mr. Paul South, Street Department, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS In a memorandum to the Board, Mr. Jeffrey Hudak, Central Services, requested permission to advertise for the receipt of bids for the following vehicles and equipment: A. One (1), or More, 2013 or Newer, One Ton Four Wheel Drive Extended Cab Pick Up Truck 1. Funding: 2013 Traffic Capital Lease Principal and Interest B. One (1), or More, 2013 or Newer, 18,000 lb Four Wheel Drive Chassis with Dump Bed 1. Funding: 2013 Park Department Capital C. One (1), or More, 2013 or Newer Single Axle Dump Truck with Dump Bed 1. Funding: 2013 Code Enforcement Capital D. One (1), or More, 2012 or Newer Track Drive Stump Grinder 1. Funding: 2013 Park Department Capital Budget Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — WASTEWATER TREATMENT PLANT DIGESTER NO. 2 UPGRADE AND DIGESTER GAS CLEANING (WASTEWATER O&M, 2011 SEWER BOND) In a memorandum to the Board, Mr. Jacob Klosinski, Environmental services, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — CSO 18 BACKWATER GATE IMPROVEMENTS — PROJECT NO 112-060 (REBID) (ENVIRONMENTAL SERVICES) In a memorandum to the Board, Mr. Rick Smigielski, Environmental Services, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the above request to advertise was approved, and the Title Sheet was approved and. signed. ADOPT RESOLUTION NO. NO. 23-2013 — A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS ESTABLISHING RATES FOR COST - SHARING ASSOCIATED WITH A VOLUNTARY SIDEWALK AND CURB REGULAR MEETING APRIL 23 2013 127 REPLACEMENT PROGRAM Ms. Greene stated she should have included establishing policies as well as rates in the title of the resolution. She added there will be additional action on the part of the Common Council on this program. Mr. Eric Horvath, Public Works Director, stated this resolution stands on its own to establish an internal policy and rates; the Council's action will be on separate issues. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.23-2013 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS ESTABLISHING RATES FOR COST -SHARING ASSOCIATED WITH A VOLUNTARYSIDEWALK AND CURB REPLACEMENT PROGRAM WHEREAS, pursuant to Ind. Code §36-9-6-2, and Ind. Code §36-9-6-3, the City of South Bend, Indiana Board of Public Works ("Board") has authority over the use of public rights of way and is responsible for the supervision of streets, alleys and other property of the City; and WHEREAS, the Board's authority over streets and sidewalks is similarly granted in accordance with Section 18-2 of the Municipal Code of the City of South Bend; and WHEREAS, the Board is empowered under Ind. Code §36-9-36-17 with the discretion to require the owners of abutting property to construct or repair the owners' own sidewalks or curbs: and WHEREAS, there are approximately 750 miles of sidewalks and similar amount of curbing within the City of South Bend; and WHEREAS, there are economies of scale constructing both sidewalk and curb concurrently and in having construction completed on multiple adjacent properties; and WHEREAS, the Board desires to implement a voluntary sidewalk and curb replacement program for City homeowners which includes cost sharing between the City and property owners who wish to participate in the curb and sidewalk replacement program. THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS HEREBY FINDS THAT: 1. Sidewalks are an integral component of the transportation system for the City of South Bend. They provide a safe location for pedestrian traffic. School children utilize the sidewalks to travel to and from school. Sidewalks allow walking and jogging while being safely separated from vehicular traffic. Without sidewalks, the intermingling of pedestrian traffic and vehicular traffic would greatly increase the chances for serious injuries to both pedestrians and motorists. 2. New sidewalk and curb infrastructure improves the City aesthetic environment and promotes economic development and encourages community investment. 3. New sidewalk and curb infrastructure improvement will assist in promoting the rehabilitation of vacant and abandoned homes within the City which is in the best interests of the health, safety and welfare of the City and its citizens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORK AS FOLLOWS: Section 1. The Board hereby establishes a cost share program between the City and City homeowners and approves the following rates and charges to the homeowners: 5' Wide Sidewalk Only $10/Lineal Foot 6" Curb Only $10/Lineal Foot REGULAR MEETING APRIL 23, 2013 128 Sidewalk & Curb $18/Lineal Foot Section 2. The Board recognizes that there are significant benefits to having multiple adjacent properties agreeing to replace their sidewalk and/or curbs at the same time. As such, the Board hereby determines that in situations where two or more adjacent homeowners sign up for the program at the same time they will receive the following discounts from the rates established in Section l: 2 Adjacent Homeowners 10% Discount 3 Adjacent Homeowners 15% Discount 4 or More Adjacent Homeowners 20% Discount Section 3. To encourage the redevelopment and rehabilitation of vacant and abandoned homes, the Board hereby establishes a 50% discount to the rates established in Section 1 for construction of sidewalk and/or curb for any property that is on the most recent Vacant and Abandoned Homes List as determined by the Department of Code Enforcement. Section 4. Costs incurred for the necessary construction of accessible sidewalk ramps in compliance with the Americans with Disabilities Act will be considered incidental and paid for by the City. Also, necessary reconstruction costs incurred for existing drive approaches in the public right-of-way and tree removal and replacement in the public right-of-way will be considered incidental and paid for by the City. Section 5. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works. ADOPTED at a meeting of the City of South Bend Board of Public Works held on April 23, 2013, at 9:30 a.m., in Room 1308, County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot sl Donald E. Inks s/ Kathryn E. Roos ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. NO. 24-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING TRANSFER OF PROPERTIES TO NON-PROFIT CORPORATION Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.24-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORDS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING TRANSFER OF PROPERTIES TO NON-PROFIT CORPORATION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has custody of and may maintain and dispose of all real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. 36-9-6-3 and I.C. 36-1-11-1; and WHEREAS, the City is the owner of the real property identified in Exhibit "A" attached hereto (the "City Parcels"); and WHEREAS, the Northern Indiana Historical Society, Inc., is an Indiana non-profit domestic corporation ("NIHS") which owns property adjoining or across the street from the City Parcels; and REGULAR MEETING APRIL 23 2013 129 WHEREAS, NIHS has requested that the City transfer the City Parcels to NIHS in furtherance of the efforts of NIHS to complete the property acquisition goals of the NIHS campus plan (the "Plan"); and WHEREAS, the Board determines the Plan would serve the best interests and welfare of the residents of the City and that the Plan would be facilitated by the transfer of the City Parcels; and WHEREAS, pursuant to IC 36-10-2-4, the City may establish, aid, maintain, and operate libraries and museums, cultural, historical, and scientific facilities and programs; and WHEREAS, NIHS is a historical facility which the City may aid within the meaning of IC 36-10-2-4 and the transfer, without consideration, of the City Parcels to NIHS would be in the best interests and welfare of the residents of the City; and WHEREAS, the Board desires to transfer the City Parcels to NIHS; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The transfer of the City Parcels by the Board to NIHS shall be, and hereby is, approved and authorized. 2. The Mayor and Clerk of the City are authorized to execute any documents necessary to effect the intent of the Board, pursuant to the terms and conditions evidenced by this Resolution. 3. This Resolution shall be in full force and effect upon its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 23, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot s/ Donald E. Inks s/ Kathryn E. Roos 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/ Memorandum Michiana Area 2013 Traffic Counts Fu ndin $5,000 Second Roos/Inks of Council of (Engineering Understanding Governments Professional Professional R.W. Fire Department Training Services) $276,800.00 Gilot/Inks Services Armstrong and Facility Design Services — (Fire Agreement Associates, Inc. Project No. 111-017 Department Professional Danch, Harner Fire Department Training Capital) $7,300.00 Inks/Roos Services and Associates, Facility Variance Petition (Fire Proposal Inc. and Subdivision Replat Department Preparation — Project No, Capital) 111-017 REGULAR MEETING APRIL 23, 2013 130 Professional DLZ Indiana, Analyze and Recommend $3,000.00 Gilot/Roos Services LLC Traffic Control Plan for (Engineering Agreement St. Joseph High School Professional Services) Contract Socrata Online Subscription $36,976.00 Roos/Inks Software Service to Allow the (Information Subject to Publication of Targeted Technologies final Legal Data Sets for Private, Operating) Review Public, or Application Developer Consumption in a Human and Machine Readable Format Professional AT&T Indiana City of South Bend NIA Roos/Inks Services Public, Educational, and Agreement Governmental Access Channel Transmission Agreement Professional Cardno ATC Statistical Analysis of $4,421.40 Inks/Roos Services Groundwater Related to (Wastewater Agreement IDEM Agreed Order O&M Organics Resources Contractuals) Special Sanitaire Wastewater Treatment $60,911.00 Inks/Roos Purchase (Xylem) Plant Low Pressure (Environmental (Compatibility) Membrane Diffuser Services, Replacement for Aeration Wastewater, Tank 3 Contractual Services) Amendment to Neighborhood Neighborhood $18,000.00 Inks/Roos Contract Resources and Revitalization through (CDBG) Technical Capacity Building — Services Corp. Clarify Criteria for Reimbursing Neighborhoods USA Conference Attendees Professional R.W. East Bank Sewer $139,840.00 Inks/Roos Services Armstrong Separation Phase 4 — (2011 Sewer Agreement Construction Inspections - Bond) Project No. 112-041 Licensing AT&T Purchase of 200 $56,312.50 Roos/Inks Agreement Netmotion Licenses for (Police Capital) South Bend Police Department Laptops to allow Officers to Access Warrant and Other Criminal Intelligence Information and Submit Police Reports State QPA Dell Computers 2013 Computer $89,917.23 Inks/Roos Purchase Replacement (Multiple Departments/ Sources) Permanent CMT South Sanitary Sewer Easement $1.00 Inks/Roos Utility Bend, LLC at 1245 East Ireland Road Easement (Storm Sewer) Independent Lynn Coleman Security for Water Work's $25.00/hr. Gilot/Inks Contractor Colfax St. Customer NTE Agreement Service Office $30,000.00 (Water Works Operations) Release of Corporation for Release of Mortgage at NIA Inks/Roos REGULAR MEETING APRIL 23 2013 131 Mortgage Entrepreneurial Development 51600 Brighton Court, Granger, to the Board of Public Works due to CED being Dissolved Subject to Confirma- tion of Board's Legal Interest Evaluation Agreement Physio-Control Acknowledgement of Responsibility for NIA Inks/Roos Lifepak 15 Equipment for Fire Department to Test and Evaluate APPROVAL OF PERMITS/LICENSES The following street closures and processions were presented for approval: Applicant Description Date/Time Locations Motion Bike Michiana Coalition Non -Resident Block Party — BMC Organic May 15, 2013; 5:30 a.m. to 10:00 a.m. Colfax Street from Michigan Street to Main Street Carried Inks/Roos Blueberry Pancake Breakfast Chet Waggoner Little League Procession — Opening Day April 27, 2013; 7:30 a.m. to On Route as Submitted Inks/Roos Parade 9:00 a.m. Pound the Pavement for Procession — Pound the April 27, 2013; 8:00 a.m. to On Route as Submitted Roos/Inks Parenthood Pavement for 1:00 p.m. Parenthood 5K Race S-O-S of the Family Justice Center of St. Joseph County Procession --- 11 to Annual S- O-S Take Back the Night March April 25, 2013; 6:00 p.m. to 8:30 p.m. Police Department Changed Submitted Route to: Make a right hand turn at Wayne Street, stay on the South Roos/Inks side of Wayne to Susan G. Komen -- Northern Indiana Procession — Susan G. Komen Northern June 15, 2013; 7:00 a.m. to 12:00 p.m. Michigan Street On Route as Submitted Roos/Inks Indiana Race for the Cure The Color Run Procession — The Color Run October 5, 2013; 7:00 a.m. On Route as Submitted Roos/lnks March of Dimes South Bend Procession - March for to 12:Q0 .m. April 27, 2013; 7:30 a.m, to On Route as Submitted Roos/Inks Babies 1:00 p.m. APPROVE SIDEWALK CAFE PERMIT APPLICATIONS Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit applications: APPLICANT: Chicory Cafe BUSINESS ADDRESS: 105 East Jefferson Boulevard, Suite 103 DAYS/TIMES OF OPERATION: Mondays through Saturdays; 9:00 a.m, to 9:00 p.m. SEE COMMENTS: Police Department and Engineering state five feet pedestrian right-of-way is required APPLICANT: Bruno's Downtown REGULAR MEETING APRIL 23, 2013 132 BUSINESS ADDRESS: DAYS/TIMES OF OPERATION: SEE COMMENTS: APPLICANT: LOCATION: DATES/TIMES OF OPERATION SEE COMMENTS: 131 North Michigan Street Sunday 11:00 a.m. to 8:00 p.m.; Monday through Saturday 11:00 a.m. to 9:00 p.m. Engineering stated five feet of pedestrian right-of- way is required. 101 Dine LLC d/b/a Cafe Navarre 101 North Michigan Street Sunday 4:00 p.m. to 10:00 p.m.; Monday through Wednesday 11:00 a.m. to 11:00 p.m.; Thursday and Friday 11:00 a.m. to 12:00 a.m.; Saturday 4:00 p.m. to 12:00 a.m. Building Department stated approval is subject to maintaining a minimum clear area; Police Department stated approval is subject to minimum clear area and removal of furniture and barrier upon close; DTSB stated there is a sign that may need to be moved. Mr. Gilot stated it is impractical to move furniture inside every night. He noted if it's too light and there's a potential for blowing into the right-of-way, there is a concern. Otherwise, he added, we won't require it. Ms. Greene stated the Board would need to amend their policy to be consistent, and an amendment to the Ordinance would be necessary. Ms. Roos made a motion that the Sidewalk Cafe Permit Applications be approved. Mr. Inks seconded the motion which carried. APPROVAL OF APPLICATION FOR LICENSE RENEWAL FOR MASSAGE ESTABLISHMENT Mr. Gilot stated that the Board is in receipt of favorable recommendations for Southside Massage Retreat, 411 East Ireland Road, South Bend, Indiana 46614, for an application for a Massage Establishment License Renewal. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the license renewal application was approved. APPROVE TRANSIENT MERCHANT LICENSE RENEWAL — ST JOSEPH VALLEY WATERCOLOR SOCIETY Mr. Gilot advised stated that St. Joseph Valley Watercolor Society, 16200 Continental Drive, Granger, Indiana, has submitted an application to renew their Transient Merchant License to conduct the Leeper Park Art Fair on June 15 and 16, 2013. Mr. Gilot stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roos and carried the application for the renewal of a Transient Merchant license was approved. APPROVE OPEN AIR LICENSE APPLICATION — THE WEINER SHACK GRILL Mr. Gilot stated the following open air license application has been received: NAME: The Weiner Shack Grill BY: Douglas Murray ADDRESS: 55160 Buckeye Dr., Osceola LOCATION: Eddy St. and Angela Blvd. DATES: April 21, 2013 through October 30, 2013 FOR THE PURPOSE OF: Hot Dog Stand Mr. Gilot further advised that favorable recommendations have been received from the Department of Code Enforcement, the Division of Engineering, the Building Department, and Community Investment for the above application. Provided with the application was a letter of permission from Christa Calderone, Kite Realty Group, Manager of Leasing Operations. The Police Department suggested the stand should maintain the same hours as all of the businesses in the Eddy Commons Site. The Board noted that the 7-Eleven on that same block is open twenty- four (24) hours. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the above license application was approved subject to being monitored, and referred to Administration and Finance for issuance. REGULAR MEETING APRIL 23 2013 133 APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — 216/218 SOUTH MICHIGAN STREET Mr. Gilot stated a Revocable Permit has been received from The South Bend Brew Werks, 216/218 South Michigan Street, for the installation of two mounted mini -split HVAC compressor units at 10' minimum above alley grade and maximum 24" projection from south elevation of the State Theater Building. The encroachment shall remain in the right of way until such time the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. The Building Department stated there should be a protective barrier around the equipment to prevent vandalism and/or theft. Mr. Gilot expressed concern that the owners should install the unit in such a way that nobody can jump up and hang from it, potentially causing injury to themselves or others due to the inability of the unit to hold the weight. Upon a motion made by Ms. Roos, seconded by Mr. Inks and carried, the Revocable Permit was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE -- 53383 JUNIPER 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. and Mrs. Christopher and Megan Glaub, 53383 Juniper Road, South Bend, Indiana 46637. The Consent indicates that in consideration for permission to tap into public water system of the City, to provide water service to the above referenced property at 53383 Juniper Road (Key # 002-1144-6640), the Glaubs waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Ms. Roos made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Certificate of Insurance for the following business was accepted for filing: Hartford Glass Company of Mishawaka APPROVE CLAIMS Mr. Inks stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $2,268,739.85 04/23/2013 St. Jose h County Consortium $1,506.54 04/01/2013 Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved as submitted. Ms. Roos seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked what the purpose of the Curb and Sidewalk Resolution was. Ms. Greene stated the Board has established a policy on how they will administer the program, setting the rates and establishing policy. She noted the purpose is also to clarify the program for the public. Mr. Miller questioned what the Agreement with DLZ Indiana, for St. Joseph High School traffic control was about. Mr. Gilot stated there were traffic issues around the new high school and he was not getting good answers in-house. He brought in a Traffic Engineer from DLZ to look at the problem. Mr. Gilot stated he needed a recommendation on the potential vacation of the street to change traffic patterns. Mr. Miller asked if they are vacating the street, with many residential properties located on the street in question. Mr, Gilot clarified that this is a long-term projection if the high school obtains the property in the vicinity eventually. He added they are not looking at doing this now, with private property owners currently located there, only if the high school eventually acquires the property. Mr. Miller questioned why St. Joseph High School didn't pay for the study. Mr. Gilot explained they did their own study; he wanted an independent study of their plan. Mr. Miller questioned would that set precedent. Mr. Gilot explained that if any school or business comes in with a change of traffic plan, the City would want an independent study done of their plan. He added this could be any traffic generator; business, commercial, etc. Mr. REGULAR MEETING APRIL 23 2013 134 Inks noted the City did a traffic change study for Bosch, Memorial Hospital, and Crowe Horwath, to name a few. Ms. Greene added the City is looking at future planning in this case, if the high school acquires more property. She added they are not even close to that right now. Ms. Greene announced that this would be Mr. Inks last regular Board of Works meeting; he would be retiring at the end of the month. The Board members joined her in thanking hirn for his dedicated, exemplary service. 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 11:17 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President David P. Relo , Member Kathryn Roos, Member Michael Mecham, Member ark Neal, Member C- it}da M. Martin, Clerk