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HomeMy WebLinkAbout05/14/13 Board of Public Works MinutesAGENDA REVIEW SESSION MAY 9, 2013 137 The Agenda Review Session of the Board of Public Works was convened at 9:35 a.m. on Thursday, May 9, 2013, by Board President Mr. Gary A. Gilot, with Board Members David P. Relos, Kathryn E. Roos, and Michael C. Mecham present. Board member Mark Neal was absent. Also present was Attorney Cheryl Greene. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. ADOPT RESOLUTION NO. 25-2013 — HONORING DIRECTOR OF ECONOMIC DEVELOPMENT DONALD INKS FOR HIS DEDICATED SERVICE TO THE CITY OF SOUTH BEND, INDIANA After a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works, and read aloud to Mr. Inks and those present by Ms. Greene: RESOLUTION NO. 25-2013 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS HONORING DIRECTOR OF ECONOMIC DEVELOPMENT DONALD INKS FOR HIS DEDICATED SERVICE TO THE CITY OF SOUTH BEND, INDIANA WHEREAS, after thirty-one (31) years and five (5) months of remarkable service to the City of South Bend, Donald E. Inks announced his plans to retire on April 30, 2013; and WHEREAS, Don has served as Director of Redevelopment for thirteen (13) years; and WHEREAS, Don was appointed by Mayor Stephen Luecke as a member of the City's Board of Public Works; and WHEREAS, after being appointed to the Board of Public Works by Mayor Luecke, the Redevelopment Commission granted the Board of Works oversight of Don by virtue of an Addendum to an Amendment to a Master Agency Agreement that was duly accepted by a resolution entitled "A Resolution of the City of South Bend Board of Public Works Wherein the City of South Bend Board of Public Works Accepts the South Bend Redevelopment Commission's Appointment of the City of South Bend Board of Public Works as the City of South Bend Redevelopment Commission's Agent for Oversight of Donald E. Inks and Establishing the Dates and Times During Which the City of South Bend Board of Works May Exercise Such Oversight, Thereby Setting a New World Record for the Longest Title Ever Written for a Resolution Duly Adopted by the City of South Bend Board of Public Works And Far Exceeding the Previous Record for Resolution Titles Set by Phil Faccenda at Barnes c& Thornburg", with the scope of Don's services listed in excruciating detail at Exhibit A incorporated by reference thereto, and subject, of course, to approval by Legal; and WHEREAS, by virtue of a Second Addendum to the First Amendment to the Master Agency Agreement, the Board, as agent of the Redevelopment Commission and agent of itself, has ratified, confirmed and approved the City's determination to release Don of his Board of Works duties as described at Exhibit A and to further release him from his appointment under the Agency Agreement; and WHEREAS, during his tenure with the City, Don has served as Director of Redevelopment to Jon Hunt, Sharon Kendall, Jeff Gibney, and Scott Ford; and WHEREAS, one of Don's chief roles during the Jon Hunt years was to listen carefully to Jon's grand ideas on a weekly basis and to remind Jon that TIF money could only be spent once, although Jon skillfully managed to avoid that particular limitation frequently thereby causing Don to consider early retirement on any number of occasions; and WHEREAS, Don has initiated or overseen many public works projects including Portage Prairie, Tech Data, Innovation Park, Erskine Plaza, the Hansel Center, renovation of the former Natatorium, the Memorial Hospital campus expansion, licensing of various hot dog stands throughout the City, the approval of numerous parades not being held in his honor, and the installation of a world class roundabout located on Portage Avenue near Don's home; and AGENDA REVIEW SESSION MAY 9, 2013 138 WHEREAS, during his time with the City, Don has provided the Department of Public Works with exceptional leadership, and has earned the admiration and respect of his fellow employees, Board members and City administrators by the way in which he has carried out his responsibilities; and WHEREAS, in accordance with IC 5-22-22-6, the Board has determined that, although still fit for the purpose for which he was intended and having further determined that the cost of retaining Don may or may not exceed the cost of disposing of his employment with the City, Don should still be permitted to retire; and WHEREAS, as he leaves his years of service to the City to begin the World's Longest Coffee Break, Don's love of coffee is hereby officially recognized, and he is reminded that he, will no longer be allowed to enjoy the pleasure of drinking coffee on the City's time, and may actually have to give up drinking coffee in the afternoon entirely in order to not interfere with his afternoon nap; and WHEREAS, Don's practice of using Fridays to go fishing is hereby replaced with his new retirement practice of "fishing yesterday, fishing today, and fishing tomorrow" further evidencing that in retirement, just as in service to the City, there is never a day off; and WHEREAS, Don's memory of events and details will be sorely missed as a wealth of historical information for the City -- although according to Jenny Hullinger, Don's memory does not extend to recalling where, when and why he is heading out the door to yet another meeting; and WHEREAS, it is hereby officially recognized that Don's retirement means that he has returned home from the office to say to his wife, Beth, "Hi, Honey, I'm home — forever"; and WHEREAS, Don will likely be reminded daily by Beth that his retirement means that there will never be enough time to do all of the "nothing" that he wants to do and never enough time to do all of the "something" that she wants him to do as the two of them continue their work on their Portage home; and WHEREAS, Don will always be considered an asset to the City of South Bend for his knowledge, and meritorious and dedicated service to the City of South Bend, the community, and the State of Indiana. NOW, THEREFORE, BE IT RESOLVED that the City of South Bend Board of Public Works does hereby commend and honor Donald E. Inks, congratulate him upon his retirement from his years of distinguished leadership and many years of public service, and extend warmest wishes for his enjoyment and continued prosperity in his years of relaxation that lie ahead. BE IT FURTHER RESOLVED by the City of South Bend Board of Public Works that Donald E. Inks is hereby sent off with the very best of wishes, with some chocolate TIF dollars in the form of a "Bag O' Money" to be enjoyed without consideration for the TIF laws and regulations governing same, and -- with sincere apologies to Dr. Suess — the following thoughts: Congratulations, Don! Today is your day. Finally! You've made it after thirty—one years and five days! You're off to Great Places! You're off and away. You have brains in your head. You have feet in your shoes. Go off to do whatever it is that you choose! You're off to great places, today is your day! Your fishing rod is waiting, So, get on your way! BE IT FURTHER RESOLVED that a certified copy of this Resolution be maintained in the official records of the South Bend Board of Public Works, and that a copy of this Resolution be furnished to Donald E. Inks, the City of South Bend, and representatives of the media. AGENDA REVIEW SESSION MAY 9 2013 139 Dated this 9th day of May 2013. ATTEST: s/Linda M. Martin, Clerk CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreement and Proposal were submitted to the Rnard fnr Type Business Description Amount/ Funding Motion/ Second Fixed Rate PNC Lease Financing for City $1,689,669.59 for Gilot/Mecham Hold Equipment Vehicles and Related Five Years; Ten Subject to Agreement Finance, Equipment Semi -Annual Locking in and Lease LLC Payments of Fixed Rate Financing $174,831, 3 9 Hold; Proposal (CCD/MVH/Engin Authorize eering) Legal to prepare Resolution that may be needed at closing. Ms. Greene stated this is all the action the Board would need to take and the only reason to bring the documents back to the Board is if the deadline is missed. She noted Mr. Mark Neal, Controller, was authorized to sign at the closing on the lease. NON-RESIDENTIAL BLOCK PARTY UPDATE — BIKE MICHIANA COALITION — BLUEBERRY PANCAKE BREAKFAST Ms. Martin, Clerk of the Board, stated that she was contacted by Ms. Judy Lee, President of the Bike Michiana Coalition, who stated the above referenced event's date has changed from May 15, 2013 to May 14, 2013. After recirculation of the request, favorable recommendations were received by all departments. Upon a motion made by Mr. Gilot, seconded by Ms. Roos, and carried, the above referenced change in the date of the event was approved. APPROVAL OF PERMITS/LICENSES The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Matthy's Procession — May 11, 2013; On route as submitted Gilot/Roos Little League Opening Day 8:30 a.m. to Kids' Parade 9:45 a.m. Holy Cross May Procession May 10, 2013; On route as submitted Roos/Mecham and St. 8:30 a.m. to Stanislaus 10:30 a.m. Parish - Encroachment -- TRANSPO Mr. David Cangaey and Ms. Amy Hill, TRANSPO, stated they were present to answer any questions the Board might have regarding their request to place numerous bus -stop signs in the right-of-way. Mr. Gilot noted the City has standards on how close signs can be spaced. Mr. Cangaey stated they intended to put no more than six (6) signs per mile. Mr. Gilot stated the pattern is for Board of Works to approve the encroachment in the right-of-way, but the City Engineer has the authority to work through the details with TRANSPO. Mr. Cangaey noted that AGENDA REVIEW SESSION MAY 9, 2013 140 TRANSPO is hoping for efficiency, reduced costs mainly in fuel savings, and reliability by having designated stops. - Request to Advertise -- Studebaker Plaza Mr. Gilot asked Mr. Jitin Kain, Community Investment, if an easement was obtained for the construction of the Studebaker Plaza. Mr. Kain stated they are getting a short-term access agreement, and working on a long term development agreement. Ms. Greene noted that all outside counsel has to be approved by City Legal counsel so they would need to work with Legal on obtaining counsel for the preparation of the paperwork. - Amendment to Contract — Rebuilding Together Ms. Pam Meyer, Community Investment, said she was just informed that the work on these homes will also include insulation work, not just HVAC repairs as stated in the documents. She asked if she would need to provide a new contract. Ms. Greene stated she would think the insulation would be incidental to the HVAC system. - Donation Agreements - Wells Fargo Bank, N.A. Ms. Pam Meyer, Community Investment, stated Wells Fargo Bank previously offered these two (2) lots to the City with buildings on them, but the City did not want them. She noted they demolished the properties and are once again offering just the lots plus an additional $3,000.00 per property. She stated the City is accepting the properties with some contingencies. She noted they left the concrete steps when they demolished the buildings and she has notified them the City will not work with them until those are cleared. - Professional Services Proposal — Weaver Boos Consultants Ms. Ann Kolata, Community Investment, stated this proposal is for the cleanup of contaminated soil at the former Studebaker Museum. She noted that when the building was demolished, not all of the remediation was done. IDEM has ordered the clean-up to be completed. Ms. Kolata noted that the work is to be billed against this proposal, but it may be less than stated, depending on how long the monitoring takes place. She added they will need a place to put the excavated soil. Mr. Eric Horvath, Director of Public Works, suggested Central Services could put a fifty-five gallon drum at their facility at the curb for easy access. Mr. Gilot informed Ms. Kim Thompson that she may need to be a "checks and balance" before IDEM inspects the site, to test contamination levels. - Revise Significant User Industrial Wastewater Discharge Permits Ms. Kim Thompson, Environmental Services, noted that the revisions to two of the permits are due to a mistake on the paperwork on the expiration dates. She noted the dates on the first two were shortened by a month. Mr. Gilot stated that is a scrivener's error, it shouldn't need Board of Works approval. Ms. Greene confirmed that Ms. Thompson can fix the error herself and doesn't have to bring it back to the Board. Ms. Thompson stated the third one is for formally transferring New Energy Corp. to South Bend Ethanol Assets, LLC, the new owners. - Award Bid — Detritus Grit Tank Drive Restoration Mr. Jacob Klosinski, Environmental Services, stated he received two (2) bids for this project, one that was found non -compliant due to no acknowledgement of an Addendum. He stated he is requesting to award to the low bidder, and noted that both bids were slightly lower than the Engineer's estimate. - Request to Advertise for Proposals — Management and Marketing of the Organic Resources Facility Mr. Al Greek, Environmental Services, noted that in 2011, Environmental Services started to review budgets to see what the Organic Resources Facility costs are. He stated the review showed that it's costing Environmental Services close to $1,000,000.00 a year, with the sale of their product bringing in $75,000,00. They decided to do a cost analysis of outsourcing the operation since it was losing so much money. Mr. Greek noted the other problem is they have created a huge backlog of organic material they've collected. It hasn't been screened and it contains plastics and materials. He noted the cost to clean it is estimated at $2,500,000.00. He stated they are putting this in the cost of the management proposal to see what they come up with. Mr. Greek stated he has spoken to other facilities that have outsourced their operations and one in particular stated it cut their operating cost by 50%. - Award Bid — Water Works Customer Billing Ms. Roxanne Lawson, Water Works, stated Water Works has been doing an analysis on outsourcing and put a bid out. One came in extremely low, much lower than their current rate. Mr. Gilot noted they need to include their current costs in the bid tab for a comparison. Ms. Greene noted the postage language sounded very ambiguous; it should be more specific. Mr. George King, Purchasing, stated he wrote two lines to insert in the agreement restricting mark-up on postage and guaranteeing use of the lowest current postage rates. - Award Bids - 35 Ton Paver and Dual Fuel Gasoline and LP Powered Lift Truck V AGENDA REVIEW SESSION MAY 9, 2013 141 Mr. Jeff Hudak, Central Services, stated there were two bidders on the paver and the low bidder is getting the award. He noted on the lift -truck, they received only one bid, but this is not a common piece of equipment. He noted the one bid is still under budget. Mr. Hudak explained that the lift truck will be used inside as well as outside, and that is the reason for the two different fuels. - Service Agreement ---- Public Safety Medical Fire Chief Steve Cox and Assistant Chief Todd Skwarkan informed the Board that this agreement is for conducting firefighter physicals. Chief Cox stated their former contractor, Wipperman, recently sold their company to I.U. Health. Mr. Gilot questioned if the contract terms with Wipperman have expired. Chief Cox stated the contract expired last year and has not been renewed. Mr. Gilot suggested a review of the terms to make sure they did not need to put their cancellation in writing. APPROVE REQUEST FOR TEMPORARY CHANGE TO„TRAFFIC CONTROL Mr. Gilot advised that the following request for a temporary change to traffic control has been received and needed to be approved today due to the event's schedule: L Applicant: Indiana University South Bend a) Event: E-Waste Recycling Fest b) Location: Make 20th Street One -Way from Mishawaka Ave. to Northside Blvd. c) Date/Time: May 11, 2013; 9:00 a.m. to 2:00 p.m. d) Favorable Recommendations Mr. Gilot further advised that favorable recommendations have been received from the Police Department, Bureau of Traffic and Lighting, and Division of Engineering for the above request. Upon a motion made by Mr. GiIot, seconded by Mr. Mecham and carried, the above request for a temporary traffic restriction was approved. 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 11:55 a.m. BOARD OF PUBLIC WORKS Gary A. ' ot, President David P.,,Relos, ember Michael C. Mecham, Member .. _.` D - 1b k W7ZealMc�mber s, Member da M. Martin, Jerk REGULAR MEETING MAY 14 2013 The Regular Meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, May 14, 2013, by Board Member Mark W. Neal with Board Members Michael C. Mecham and David P. Relos present. President Gary A. Gilot and Board Member Kathryn E. Roos were absent. Also present was Attorney Cheryl Greene. ADDITIONS TO THE AGENDA Mr. Neal noted the addition to the agenda of a letter of permission for the Studebaker National Museum to hold their annual car raffle. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the Minutes of the Agenda Review Session on April 18, 2013, the Regular Meeting on April 23, 2013, the Claims Review Meeting on April 30, 2013 and the Special Meeting on May G, 2013, were approved. REGULAR MEETING MAY 14, 2013 142 OPENING OF BIDS — INFRARED PAVEMENT PATCHING 2013 — PROJECT NO. 113-014 (PAVING) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 PO BOX 1775 South Bend, Indiana 46614 Bid was signed by: Mr. Robert A. Nichols,11 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 r."o Item Description Unit Price 1 Infrared Pavement Patch, 5'x7' $158.50 2 Infrared Pavement Patch, I I'x2' $150.53 ASPHALT RESTORATION SERVICES PO Box 2484 South Bend, Indiana 46680 Bid was signed by: Mr. Jamie Brown Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Five percent (5%) Bid Bond was submitted Item Description Unit Price 1 Infrared Pavement Patch, 5'x7' $161.00 2 Infrared Pavement Patch, I I'x2' $115.00 Upon a motion made by Mr. Mecharn, seconded by Mr. Relos and carried, the above bids were referred to the Street Department for review and recommendation. OPENING OF BIDS =ONE_ (1) OR MORE, 2013 OR NEWER, ONE -TON FOUR-WHEEL DRIVE EXTENDED CAB PICK-UP TRUCK (2013 TRAFFIC CAPITAL LEASE PRINCIPAL AND INTEREST) This was the date set for receiving and opening of sealed 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 bid was opened and publicly read: JORDAN MOTORS INC. 609 East Jefferson Boulevard Mishawaka, Indiana 46545 Bid was signed by: Ms. Debra Starkweather 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 .n Item Year/Make/Model Est. Unit Price Qt 2013 or Newer One 2014 Ford F350 4x4 Supercab Pickup Ton Four Wheel drive 6.5' Bed 1 $29 060.00 s REGULAR MEETING MAY 14 2013 143 Extended Cab Pick- up Truck Option Description Unit Cost 1 Front Mounted 8'2" Boss Power-V $5,582.00 2 Install 6.5' Service body Knapheide Model 682 or Equal $5,305.00 Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above bid was referred to Central Services and Traffic for review and recommendation. OPENING OF BIDS-- ONE 1 OR MORE 2013 OR NEWER 18,000 LB. FOUR-WHEEL DRIVE CHASSIS WITH DUMP BED 2013 PARK DEPARTMENT CAPITAL This was the date set for receiving and opening of sealed 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: JORDAN MOTORS,, INC. 609 East Jefferson Boulevard Mishawaka, Indiana 46545 Bid was signed by: Ms. Debra Starkweather 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 an Descri Lion Year/Make Model Qty Unit Price 2013 or Newer 18,000 lb Four Wheel Drive 2014 Ford F50 4x4 Regular Cab Chassis with Dump Chassis 1 $48,595.00 Bed Option # Description Total 1 Plow Package $5,582.00 2 Front Mounted 8.5' Western MVP Plus or Equal $5,582.00 SELKING INTERNATIONAL 4849 West Western Avenue South Bend, Indiana 46619 Bid was signed by: Mr. Kenneth Waite 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 f 6 Description Year/Make Model Qty Unit Price 2013 or Newer 18,000 lb Four Wheel Drive Chassis with Dump 2014 International Model TerraStar 1 $64,112.25 Bed Option # Description Total 1 Plow Package $5,582.00 2 Front Mounted 8.5' Western MVP Plus or Equal $5,582.00 Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bids were referred to Central Services and the Park Department for review and recommendation. REGULAR MEETING MAY 14, 2013 144 OPENING OF BIDS — ONE (1) OR MORE, 2013 OR NEWER, SINGLE AXLE DUMP TRUCK WITH 14' DUMP BED 2013 CODE ENFORCEMENT CAPITAL This was the date set for receiving and opening of sealed 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: HILL TRUCK SALES, INC. 1011 West Sample Street PO Box 598 South Bend, Indiana 46624 Bid was signed by: Mr. Rich Stopczynski 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 -a Us Description YearlMake Model Est. Unit Price Qty 2013 or Newer Single 2014 Freightliner Model M2-106 Axle Dump Truck Truck Chassis with Equipment 1 $88,795.00 with 14' Dump Bed Installed by W.A. Jones Truck Bodies Year Make/Model — Trade -In Unit Price 2000 Freightliner Dump Truck VIN ($15,000.00) 1 FV6JFBB8YHG09379 Total $73,795.00 SELKING INTERNATIONAL 4849 West Western Avenue South Bend, Indiana 46619 Bid was signed by: Mr. Kennith Waite 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 Description Year/Make Model Est. Unit Price Qty 2013 or Newer Single Axle Dump Truck 2014 International Model WorkStar 1 $92,368.74 with 14' Dump Bed Year Make/Model — Trade -In Unit Price 2000 Freightliner Dump Truck VIN ($8,000.00) 1 FV6JFBB8YHG09379 Total $84,368.74 Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bids were referred to Central Services and Code Enforcemnt for review and recommendation. AWARD BID AND APPROVE CONTRACT — WATER WORKS CUSTOMER BILLING WATER WORKS OPERATIONS Ms. Roxanne Lawson, Water Works, advised the Board that on March 26, 2013, bids were received and opened for the above referenced service. After reviewing those bids, Ms. Lawson recommended that the Board award the contract to the lowest responsive and responsible bidder InfoSend, Inc., 1406 Centre Circle Drive, Downers Grove, Illinois 60515, in unit prices for three - years with an option for a three-year renewal. Mr. George King informed the Board that InfoSend has signed an Addendum to the Contract agreeing to additional terms to guarantee the lowest postage rates available will be charged to the City. Therefore, Mr. Mecham made a REGULAR MEETING MAY 14,. 2013 145 motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Relos seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT — WASTEWATER TREATMENT PLANT DETRITUS GRIT TANK DRIVE RESTORATION — PROJECT NO. 112-068 (ENVIRONMENTAL SERVICES/WASTEWATER„O&M/REPAIR PARTS) Mr. Jacob Klosinski, Environmental Services, advised the Board that on April 23, 2013, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Klosinski recommended that the Board award the contract to the lowest responsive and responsible bidder Robert E. Crosby, Inc., 2805 Freeman Street, Fort Wayne, Indiana 46802, in the amount of $108,400.00. Therefore, Mr. Mecham made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Relos seconded the motion, which carried. AWARD BID — ONE 1 OR MORE 2012 OR NEWER 35-TON PAVER SPECIAL TRAILER (STREETS CAPITAL LEASE PRINCIPAL AND INTEREST Mr. Jeffrey Hudak, Central Services, advised the Board that on April 23, 2013, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Hudak recommended that the Board award the contract for one trailer to the lowest responsive and responsible bidder Southeastern. Equipment Co., Inc., 3333 West Coliseum Boulevard, Fort Wayne, Indiana 46808, in the amount of $47,665.00. Therefore, Mr. Mecham made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the motion, which carried. AWARD BID — ONE 1 OR MORE 2012 OR NEWER DUAL FUEL GASOLINE AND LP POWERED LIFT TRUCK (2013 PARKS CAPITAL) Mr. Jeffrey Hudak, Central Services, advised the Board that on April 23, 2013, bids were received and opened for the above referenced vehicle. After reviewing those bids, Mr. Hudak recommended that the Board award the contract for one lift truck to the lowest responsive and responsible bidder Hull Lift Truck, 28747 Old US 33 West, Elkhart, Indiana 46516, in the amount of $24,597.22. Therefore, Mr. Mecham made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the motion, which carried. APPROVE CHANGE ORDER NO. 2 FINAL AND PROJECT COMPLETION AFFIDAVIT — 3.5 MILLION GALLON IRELAND ROAD RESERVOIR EXTERIOR REPAINTING — PROJECT NO. 112-036 (WATER WORKS CAPITAL) Mr. Neal advised that Mr. John Wiltrout, Water Works, has submitted Change Order No. 2 (Final) on behalf of L.C. United Painting, 3525 Barbara Drive, Sterling Heights, Michigan 48310, indicating the contract amount be decreased by $280.00 for a modified contract sum, including this Change Order, of $175,640.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $175,640.00. Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — LEIGHTON PARKING GARAGE LIGHTING UPGRADES — PROJECT NO.113- 013 (CED CAPITAL) In a memorandum to the Board, Mr. Jonathon Burke, Energy Office, 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. Relos, seconded by Mr. Mecham 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 — JANITORIALICLEANING SUPPLIES 2013 (VARIOUS) Tn a memorandum to the Board, Ms. Toni Laisure, Central Services, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above request was approved. REGULAR MEETING MAY 14, 2013 146 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET -- MEMORIAL PARKING, PHASE 3B — PROJECT NO. 113-015_ (CENTRAL MEDICAL! IF) In a memorandum to the Board, Mr. David Relos, Community Investment, 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. Mecham, seconded by Mr. Relos 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 — STUDEBAKER PLAZA --- PROJECT NO. 113-007 (SBCDA T_I_F) In a memorandum to the Board, Mr. Jitin Kain, Community Investment, 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. Ms. Greene stated Corporate Counsel requested that she remind the Board and Community Investment that Corporate Counsel is the only one that can legally engage outside counsel. Ms. Greene stated it is her understanding that outside legal counsel is being sought to draft a Development Agreement with the property owners. Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above request to advertise and the Title Sheet were approved subject to the Development Agreement and engagement of outside counsel approval by City Corporate Counsel. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF PROPOSALS- MANAGEMENT AND MARKETING OF THE CITY OF SOUTH BEND ORGANIC RESOURCES FACILITY (ORGANIC RESOURCES In a memorandum to the Board, Mr. Jacob Klosinski, Environmental Services, requested permission to advertise for the receipt of proposals for the above referenced project. Therefore, upon a motion made by Mr. Relos, seconded by Mr. Mecham and carried, the above request was approved. ADOPT RESOLUTION NO. 26-2013 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Neal, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.26-2013 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: ONE (1) CANON COLOR COPIER 3220, SERIAL NO. JNC06556 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 14th day of MAY 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS REGULAR MEETING MAY 14 2013 147 ATTEST: s/Linda M. Martin, Clerk s/ David P. Relos s/ Michael C. Mecham s/ Mark W. Neal ADOPT RESOLUTION NO. 27-2013 -- A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.27-2013 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: ONE (1) 2000 FREIGHTLINER DUMP TRUCK VIN #1FV6JFBB8YHG09379 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 14th day of MAY 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 28-2013 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Mecham, seconded by Mr. Relso and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.28-2013 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: WATER METERS REGULAR MEETING MAY 14, 2013 148 WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. WHEREAS, the City of South Bend Water Works Division has exchanged approximately 13,994 water meters over a twenty seven month period to an upgraded model allowing for electronic reading capability, which will result in a cost savings for the City. WHEREAS, the City of South Bend Water Works Division will be able to exchange the old meters with a scrap metal dealer for payment to the City, which is currently set at $1.30 per pound. The anticipated scrap value of the 5,293 meters is approximately $39,760.00. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items above are no longer needed by the City and/or are unfit for the purpose for which they were intended. ADOPTED this 14th day of MAY, 2012. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 29-2013 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Neal, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.29-2013 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: MORRIS PERFORMING ARTS CENTER — VARIOUS RADIOS AND OFFICE EQUIPMENT 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 14th day of MAY 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos s/ Michael C. Mecham REGULAR MEETING MAY 14 2013 149 s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 30-2013 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.30-2013 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, OFFICER RICHARD MCGEE retired effective May 11, 2013, from the South Bend Police Department after more than twenty-three (23) 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. AL50009, 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 14TH Dqy of MAY 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 31-2013 — A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Relos, seconded by Mr. Mecham and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 31-2013 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY REGULAR MEETING MAY 14, 2013 150 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, CAPTAIN BRIAN YOUNG retired effective May 10, 2013, from the South Bend Police Department after more than twenty (20) 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. AL49918, 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 14TH Day of MAY 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 32-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA REGARDING THE APPOINTMENT OF TWO (2) APPRAISERS FOR THE APPRAISAL OF CERTAIN PROPERTY TO BE SOLD TO THE CITY OF SOUTH BEND BUILDING CORPORATION IN CONNECTION WITH THE REPLACEMENT OF FIRE STATION NO. 5 AND THE CONSTRUCTION OF A NEW FIRE SAFETY TRAINING FACILITY Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 32-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE APPOINTMENT OF TWO (2) APPRAISERS FOR THE APPRAISAL OF CERTAIN PROPERTY TO BE SOLD TO THE CITY OF SOUTH BEND BUILDING CORPORATION IN CONNECTION WITH THE REPLACEMENT OF FIRE STATION NO.5 AND THE CONSTRUCTION OF A NEW FIRE SAFETY TRAINING FACILITY WHEREAS, the City of South Bend, Indiana (the "City"), has previously executed a lease (the "Lease") whereby the City shall lease (i) a fire station facility to replace the existing Fire Station #5 located at 2221 Prairie Avenue in the City; and (ii) a fire safety training facility located generally on a 5.5 acre parcel near Sample and High Streets in the City (collectively, the "Project") from the City of South Bend Building Corporation (the "Building Corporation"); and REGULAR MEETING MAY 14 2013 151 WHEREAS, construction of the Project is to be financed by the Building Corporation through the issuance of its first mortgage bonds; and WHEREAS, the City desires to sell the property upon which the Project will be located to the Building Corporation, said property being described as set forth in the Lease (the „Property'); and WHEREAS, the City desires to have said Property appraised by two (2) appraisers professionally engaged in making appraisals as required by Indiana Code 36-1-10-11; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, THAT: Section 1. The Board hereby approves the appointment of Jerry Michaels and Rick Pitts, both of whom are appraisers professionally engaged in making appraisals, as appraisers for purposes of appraising the Property. Section 2. This Resolution shall be in full force and effect from and after its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on May 14th, 2013, at 1308 County City Building, 227 West Jefferson Boulevard, South Bend, Indiana, CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ David P. Relos 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 anoroval: Type Business Description Amount/ Motion/ Funding Second Amendment Rebuilding Increase 2013 Contract to $20,000.00 Relos/Mecham to Contract Together St. Complete Necessary (New Total Joseph HVAC Repairs to Three $120,000.00) County Homes (CDBG) Professional Weaver Boos Environmental Consulting $57,417.00 Mecharn/Relos Services Consultants Services for 520 South (Loss Recovery Proposal Lafayette Boulevard — Fund) Former Studebaker Museum Lot — Quarterly Groundwater Sampling of All Existing Monitoring Wells Professional Webster Assist with the Study and NTE Mecham/Relos Services Environment Assessment of Odor $23,722.00 Proposal al Concerns and Elevated (Environmental Associates, Levels of Hydrogen Services, Inc. Sulfide along IN Tek/IN Wastewater Kote Sanitary Sewer Contractual Collection System Services Other) 2013 Rain Greening the City to Co -Underwrite $500.00 Mecham/Relos Barrel Bend Rain Barrel Artist for (Wastewater Project Greening the Bend Event Contractual Underwriting IServices) REGULAR MEETING MAY 14, 2013 152 Release of Long Thanh 1101 Clover Street — NIA Mecham/Relos li Mortgage Lam and Mortgage was Transferred Xuan Mai from the Corporation for Thi Tran Entrepreneurial Development to the Board of Public Works when the Corporation for Entrepreneurial Development Dissolved. Mortgage is Paid Amendment Redevelop- Fellows Street Corridor N/A Mecham/Relos to the ment Improvement Project — Addendum to Commission Project No. 112-006 the Master Agency Agreement Supplement 6 Professional Christopher Fellows Street Corridor $28,300.00 Mecham/Relos Services B. Burke Improvement Project — (SSDA TIF) Amendment Engineering, Project No. 112-006 -- to Agreement LLC Intersection Improvements Design Professional DLZ Indiana, Fellows Street Corridor $18,000.00 Mecham/Relos Services LLC Improvements — Project (SSDA TIF) Supplemental No. 112-006 —Right of Agreement Way Acquisition Services No. I Professional Donohue/ Wastewater Treatment NTE Mecham/Relos Services Herceg & Plant Ferric Chloride $29,800.00 Agreement Associates Chemical Feed System (Environmental Design Services, Wastewater Engineering) Professional American Sage Road and Poppy NTE Mecham/Relos Services Structure- Road Lift Stations $48,770.00 Agreement point Inc. Improvements — Design of (Environmental Valve Replacements, Services, Bypass Pumping Solutions Wastewater and Improvements Engineering) Addendum to Redevelop- Memorial Parking Phase (Central Mecham/Relos the Master ment 313 —Project No. 113-015 — Medical TIF) Agency Commission Demolish Two Buildings; Agreement Clear and Grade Site; Install New Parking Lot Donation Wells Fargo Wells Fargo Demolished $3,000/per Lot Relos/Mecham Agreements Bank, N.A. Structures at 1243 Eclipse Paid to City Place and 1630 Longley (Donation Street; Lots being Donated Account) to City for Future Reuse; Acceptance of Property Contingent upon Wells Fargo Completing Clearance of Properties Service Public Safety Fire Fighter Wellness $661.16 plus Mecham/Relos Agreement Medical Initiative Other Per Unit Pricing For Firefighter Physicals (Medical Surgical Dental) Letter of Indiana Letter Allowing the N/A Mecham/Roos Permission Gaming Studebaker National REGULAR MEETING MAY 14 2013 153 Commission�Mus�eumo holdr Raffle APPROVAL OF PERMITS/LICENSES The followin2 street closures and processions were nrPCPntPri fnr annrn,7o1- Applicant Description Date/Time Location Motion Carried Christian Procession — October 25, On Route as Submitted Relos/Mecham Educators Christian 2013; 7:00 a.m. Association Educators to 9:00 a.m. Association SK APPROVE SIDEWALK CAFE PERMIT APPLICATIONS Mr. Neal indicated that the Board is in receipt of the following Sidewalk Cafe Permit application: L Applicant: The Vine a) Location: 103 West Colfax Street b) Hours of Operation: Monday through Sunday 11:00 a.m, to 12:00 a.m. c) Favorable Recommendations 2. Applicant: The South Bend Chocolate Company a) Location: 122 South Michigan Street b) Hours of Operation: Sunday 7:00 a.m. to 11:00 p.m.; Monday through Thursday 6:00 a.m. to 10:00 p.m.; Friday 6:00 a.m. to 12:00 a.m.; Saturday 7:00 a.m. to 12:00 a.m. c) Favorable Recommendations 3. Applicant: Fiddler's Hearth a) Location: 127 North Main Street b) Hours of Operation: Sunday 11:00 a.m. to 9:00 p.m.; Monday and Tuesday 11:00 a.m. to 11:00 p.m.; Wednesday through Saturday 11:00 a.m. to 1:00 a.m. c) Favorable Recommendations 4. Applicant: Le Peep of South Bend a) Location: 127 South Michigan Street b) Hours of Operation: Monday through Friday 6:30 a.m. to 2:00 p.m.; Saturday and Sunday 7:00 a.m. to 2:00 p.m. c) Favorable Recommendations 5. Applicant: Jimmy John's a) Location: 138 South Michigan Street b) Hours of Operation: Monday through Saturday 10:00 a.m. to 9:00 p.m.; Sunday 10:00 a.m. to 3:00 p.m. c) Favorable Recommendations Mr. Relos made a motion that the Sidewalk Cafe Permit Applications be approved. Mr. Mecham seconded the motion which carried. APPROVAL OF REQUEST FOR USE OF CITY -OWNED PROPERTY FOR A COMMUNITY GARDEN — 3821 WEST WASHINGTON STREET Mr. Neal stated favorable recommendations have been received from the Fire Department, Area Plan Commission, Division of Engineering, Code Enforcement, Community Investment, and the Police Department in conjunction with a request from Mr. Henry Davis to use the vacant City - owned lot at 3821 West Washington Street for the purpose of a Community Garden. Ms. Greene noted Mr. Davis confirmed that the garden will be for a Unity Garden for the Lasalle Center. The permission is subject to the return of use of said lot to the City by December 1, 2013 in a condition that is cleared of all weed and plant matter, and all other requirements of the agreement. Upon a motion made by Mr. Relos, seconded by Mr. Meeham and carried, the request was approved. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT - VARIOUS DESIGNATED BUS STOP SIGNS THROUGHOUT THE CITY Mr. Neal stated an Encroachment/Revocable Permit application has been received from TRANSPO for the purpose of allowing the installation of various designated bus stop signs in REGULAR MEETING MAY 14, 2013 154 the right-of-way throughout the City. The encroachment shall remain in the right of way until such time as 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. Ms. Martin stated Traffic and Lighting questioned who would be responsible for the maintenance of the signs. Mr. Mecham stated that TRANSPO is responsible to maintain their signs. Therefore, upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the Encroachment and Revocable Permit was approved, subject to confirmation that TRANSPO will maintain their signs in perpetuity. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY BETWEEN LINDSEY STREET AND VAN BUREN STREET FROM BLAINE STREET TO THE FIRST NORTH/SOUTH ALLEY Mr. Neal indicated that Ms. Lisa Strege, 7226 Blaine Avenue, South Bend, Indiana 46616, has submitted a request to vacate the above referenced alley for security purposes. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Relos made a motion recommending approval of the request for the vacation. Mr. Mecham seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE PORTION OF THE EAST/WEST ALLEY BETWEEN FARNEMAN STREET AND DONMOYER AVENUE GOING EAST FROM FELLOWS STREET FROM THE WESTERN EDGE OF THE PROPERTY LINE OF LOT NO, 4 TO THE DEAD-END ALLEY Mr. Neal indicated that Living Stones Church, 718 Donmoyer Avenue, South Bend, Indiana 46614, has submitted a request to vacate the above referenced alley to build a playground for the church. Mr. Neal advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Solid Waste, Community Investment and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Neal made a motion recommending approval of the request for the vacation. Mr. Mecham seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE — PROPERTY AT SOUTH SIDE OF DUNN ROAD BETWEEN WILLIS AND BURDETTE STREETS; A PART OF THE SOUTHEAST QUARTER OF SECTION 3 L TOWNSHIP 38 NORTH R 3 E CLAY TOWNSHIP — SEWER AND WATER Mr. Neal stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Thomas Troeger, Dunn Place, LLC, mailing address of PO Box 6397, South Bend, Indiana 46660. The Consent indicates that in consideration for permission to tap into public water and sanitary sewer system of the City, to provide water and sanitary sewer service to the above referenced property (Key 4 002-1106-5343), Mr. Troeger waives and releases any and all rights to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend, Therefore, Mr. Mecham made a motion that the Consent be approved. Mr. Relos seconded the motion, which carried. APPROVE REVISED WASTEWATER DISCHARGE PERMIT In a Memorandum to the Board, Ms. Kim Thompson, Division of Environmental Services, submitted the following revised Wastewater Discharge Permit and recommended approval: A. Company: Transfer from New Energy Corp. to SB Ethanol Assets, LLC 1. Location: 3201 West Calvert St. REGULAR MEETING MAY 14 2013 155 There being no further discussion, upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the revision to the permit was approved. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the Certificates of Insurance for the following businesses were accepted for filing: A. Progressive Environmental Services, Inc. dba SWS Environmental Services, Panama City Beach, Florida B. Front Range Environmental, LLC, McHenry, Illinois RATIFY APPROVAL OF OCCUPANCY AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratifiers n„rmant tn KPC/�F77�7f1n i nn_7nnn Business Bond Type Yp Approved/ Released Effective Date Maynard Miller Excavating, Inc. Excavation Approved May 2, 2013 Luis Evia Occupancy Approved April 28, 2013 Jenna Hotel Investments DBA South Occupancy Approved May 1, 2013 Bend Doubletree Mr. Mecham made a motion that the Bonds approval as outlined above be ratified. Mr. Relos seconded the motion, which carried. APPROVE CLAIMS Mr. Neal stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount qf Claim Date City of South Bend $483.85 05/0712013 City of South Bend $I,237,1 22.38 05/14/2013 City of South Bend $4,b86,727.19 05/10/2013 Therefore, Mr. Mecham made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Relos seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Neal, seconded by Mr. Mecham and carried, the meeting adjourned at 10:35 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michael Mecham, Member -D ark Neal, Member Linda M. Martin, C erk