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HomeMy WebLinkAbout05/28/13 Board of Public Works MinutesAGENDA REVIEW SESSION MAY 23 2013 157 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, May 23, 2013, by Board President Mr. Gary A. Gilot, with Board Members David P. Relos, Kathryn E. Roos, Michael C. Mecharn and Mark W. Neal present. 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. APPROVAL OF PERMITS/LICENSES The following processions were presented for ap roval: Applicant I Description Date/Time Motion West Side Memorial Procession — West Side Carried May 27, 2013; 8:15 Roos/Mecham Day Parade Committee Memorial Day Parade a.m. to 11:00 a.m South Bend Career Procession ---- Memorial Day May 24, 2013; 9.30 Roos/Relos Academy March a.m. to 11:00 a.m. Board members discussed the following items from the agenda. - Award Bids - Tandem Axle Multi -Use Dump Trucks Mr. Jeff Hudak, Equipment Services, stated two bidders bid on two specifications for these dump trucks, the reason for two separate awards. He noted Hill Truck Sales had a better trade-in dollar value which brought their cost down. Mr. Hudak stated the Street Department had only one trade-in because they originally intended to purchase one truck, but when one of theirs broke down it was deemed necessary to purchase an additional one. He explained that brought their cost up, plus they had just one trade-in. - Award Bid — Extended Cab Four -Wheel Drive Pick -Up Truck Mr. Hudak stated this is a replacement truck and will be purchased with a plow to make it more useful. He noted the bid is being awarded to the low bidder. - Bid Award Extension — Trailer Mounted Leaf Vacs Mr. Hudak stated they are taking advantage of an option that was included in the 2012 bid specs which stated this bid could be extended for one year from the award of the bid in 2012. He noted they are extending the bid due to a very large price increase in this equipment. - Professional Services Agreement m-- Greeley and Hansen, LLC Mr. Jack Dillon, Engineering, stated this is the 2013 Long Term Control Plan Monitoring agreement. He noted it is considerably less than previous years, and was budgeted for over $300,000.00, but only came in at $164,000.00. Mr. Eric Horvath, Director of Public Works, questioned how many flow meters this covers. Mr. Dillon stated it covers five (5) and Emnet is adding flow monitors, after which Greeley and Hansen will recalculate the data. - Professional Services Proposal — McCormick Engineering, LLC Mr. Jack Dillon, Engineering, stated McCormick did a study and submitted their report in January on Bowman Creek, The EPA did not comment back, so they are now moving ahead with the eighteen (18) tasks required by the Supplemental Environmental Project (SEP). Mr. Dillon noted once this is complete, it will conclude the SEP. Mr. Gilot explained the attempt is to slow down the flow of the creek to be more constant to decrease problems associated with current flow patterns. - Reject Bids and Re -Advertise Infrared Pavement Patching Mr. Paul South, Director, Street Department, stated this request is to allow a revision to the specifications, to make them more performance based. Mr. Eric Horvath, Director of Public Works, added they don't have a good clear spec to base the award of a low bid on. Attorney Cheryl Greene stated they set the experience requirement too high. Mr. Horvath added they had nothing in the specifications to hold the contractor accountable for the quality of their work to protect the City from poor workmanship. Special Purchase — WHP Training Towers Assistant Chiefs Todd Skwarcan and John Cortier, Fire Department, stated they worked with Engineering on whether to construct a Fire Training Tower and Burn Building, or buy pre- engineered buildings. They stated the decision was made that the pre-engineered buildings were the way to go. Assistant Chief Skwarcan stated the savings of approximately $ I o0,000.00 in the engineering and construction costs justifies the purchase as a substantial savings. He stated Assistant Chief Cortier did research and found that only one company, WHP Training Towers, provides the quality and options needed. He stated their towers are made to be moved around and reconfigured for continual training opportunities. He added they are constructed of much higher grade steel that provides a longer life. The construction also provides a dark interior, unlike the competitors, that is necessary to create the conditions encountered in a real fire. Assistant Chief Skwarcan noted the cost is $1,970,279.00, up from the $1,656,611.00 he originally submitted for AGENDA REVIEW SESSION MAY 23, 2013 158 the agenda. Ms. Greene asked if they know what the cost would have been to construct. Chief Skwarcan stated it would have been approximately $100,000.00 more. Ms. Greene noted this is kind of a unique situation because the training facility specifications are currently being written, but this can be specified to build or purchase. The specifications would require that the pre- engineered building's installation be incorporated in the specifications. She added that $100,000.00 qualifies as substantial savings, one of the criteria for a special purchase. The other criteria of sole source is met because there are other vendors, but this one has higher quality steel that the competitors do not use, plus the versatility factor. She added they will have to purchase these buildings prior to bidding the construction of the site. Mr. Mecham noted the weight load needs to be addressed and incorporated into the specifications, along with poured footings that have to fit when the buildings are set in place. Ms. Roos questioned how much construction will be required, and how much is the company responsible for. Chief Skwarcan stated the utilities would have to be addressed, but they do the rest of the installation. Ms. Greene stated they need to look at Engineering for guidance, and should check Building regulations. Chief Skwarcan stated it might need some review of State regulations, but as an unoccupied training center, it doesn't need to meet the local building regulations. Mr. Eric Horvath, Director of Public Works, asked if they had the cost savings broken out to show where the savings come in. Chief Skwarcan stated they don't, but they added some training props they would need to purchase because this company gets a 17% discount on these. He noted that is part of the reason for the increase in cost. Ms. Greene asked if they have an estimate on how much those would cost on the open market. Chief Skwarcan stated they can get that information. Ms. Roos asked how far out are they from putting out the specifications. Mr. Mecham stated it is scheduled to bid at the end of July. Ms. Roos questioned if they could write the bid specs with alternates to do the pad for placement of the pre-engineered buildings, or build the tower. Chief Skwarcan stated they pursued that angle, but the timeline would not work out then. He noted the specifications are ready to go, so if they get the approval, they are ready to proceed with the bidding. Ms. Roos requested Chief Skwarcan get a clear breakdown of cost by Tuesday's meeting, noting there is a lot of difference in the increase to the original cost. Mr. Neal questioned if they knew what the useful life of the facilities would be. Chief Skwarcan stated it is comparable to the built towers. Mr. George King, Purchasing, stated he will need the fire Department to come up with a clear line -by-line savings report showing this is a substantial savings. Mr. Neal added he will need a clear picture of the proposed timeline for the bonding issue. Ms. Roos requested that the Fire Chief, Steve Cox, come to Tuesday's meeting to address some of the issues. Mr. Gilot stated they need an independent, objective comparison, not one done by the manufacturer. - Amendment to Professional Services Agreement -- DLZ Indiana, LLC Mr. Eric Horvath stated this is for survey work to move to the next phase of the two-way traffic study but they are not ready to proceed yet. He requested this agreement be removed from the agenda. 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 12:08 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Michael C. Mecham, Member Mark W. Neal, Member � 4:.. n da M. Martin, CI rk REGULAR MEETING MAY 28, 2013 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Tuesday, May 28, 2013, by Board President Gary A. Gilot, with Board Members David P. Relos, Kathryn E. Roos, and Mark W. Neal present. Board Member Michael C. Mecham was absent. Also present was Board Attorney Cheryl Greene. REGULAR MEETING MAY 28 2013 159 APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the minutes of the Agenda Review of May 9, 2013, the Regular Meeting of May 14, 2013 and the Claims Review Meeting of May 21, 2013, were approved. OPENING OF BIDS — ONE(1),OR MORE 2012 OR NEWER TRACK DRIVE STUMP GRINDER 2013 PARK DEPARTMENT CAPITAL 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: VERMEER OF INDIANA INC. 3310 West Coliseum Boulevard Fort Wayne, Indiana 46808 Bid was signed by: Mr. Dave Brumbaugh 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: Year/Make/Model Est. Qty. Unit Price 2013 Vermeer SC60TX Stump Cutter 1 $56,210.00 Year Make/Model — Trade 1993 Unit 30E Vermeer Stump Grinder Vin# 1VRC131GXNI000371 1 ($10,000.00) Total Option # Description Cost $46,210.00 Total I Trailer Capable of Hauling Track Drive Stump Grinder as Bid $4,530.00 $4,530.00 ALEXANDER EQUIPMENT CO., INC. 4728 Yender Avenue Lisle, Illinois 60532 Bid was signed by: Mr. Matthew Linn Contractor's Non -Collusion Affidavit, Nan -Debarment Affidavit, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Ten percent (10%) Bid Bond was submitted BID: Year/Make/Model 2013 Carlton SP7015 W/66HP Kubota Engine Year Make/Model — Trade Est. Qty, 1 Unit Price $55,995.00 1993 Unit 30E Vermeer Stump Grinder Vin# 1VRC131GXN1000371 1 ($5,000.06) Total Option # Description Cost $50,995.06 Total I Trailer Capable of Hauling Track Drive Stump Grinder as Bid $3,900.00 $3,900.00 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bids were referred to Central Services and the Park Department for review and recommendation. OPENING OF QUOTATIONS — DEMOLITION OF RUM VILLAGE WELL HOUSE NO. 1 -- PROJECT NO. 113-017 WATER WORKS O&M 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: B&J EXCAVATION INC. 1104 West Donald Street REGULAR MEETING MAY 28, 2013 160 South Bend, Indiana 46613 Quotation was submitted by Mr. Darnell O'Neal QUOTATION: $15,253.00 TOROK EXCAVATING 825 South Fellows Street South Bend, Indiana 46601 Quotation was submitted by Mr. William Torok QUOTATION: $15,800.00 RITSCIHARD BROS., INC. 1204 West Sample Street South Bend, Indiana 46619 Quotation was submitted by Ms. Rachelle Dolniak QUOTATION. $16,365.00 C&E EXCAVATING,- INC. 53767 CR 9N Elkhart, Indiana 46514 Quotation was submitted by Mr. Ed Bessinger QUOTATION: $34,799.93 JACKSON TRUCKING & EXCAVATING 9067 West IOON Kewanna, Indiana 46939 Quotation was submitted by Mr. Harvey Jackson, III QUOTATION: $6,500,00 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above Quotations were referred to Water Works and Engineering for review and recommendation. After review of the quotes, Mr. John Engstrom, Engineering, recommended the award to Jackson Trucking and Excavating. Mr. Gilot noted their quote was extremely low and asked Mr. Engstrom if he confirmed with Jackson Trucking that their amount was correct. He asked if Mr. Engstrom had consulted with Water Works on the award also. Mr. Engstrom stated he had not done either. Mr. Gilot suggested they wait to award the project. He stated he would rather they confirm that the contractor didn't make an error on his quote. AWARD BID — TWO (2), 2013 OR NEWER, TANDEM AXLE. MULTI -USE DUMP TRUCKS 2013 SEWER DEPARTMENT CAPITAL BUDGET 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 Hill Truck Sales, 1011 West Sample Street, PO Box 598, South Bend, Indiana 46624, in the amount of $161,901.00 each for a total of $323,802.00. Therefore, Ms. Roos 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 — TWO (2), 2013 OR NEWER TANDEM AXLE MULTI -USE DUMP TRUCKS (2013 STREET DEPARTMENT CAPITAL AND 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 vehicles. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder Selking International, 4849 West Western Avenue, South Bend, Indiana 46619, in the amount of $164,316.43 each for a total of $328,632.86. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Neal seconded the motion, which carried. AWARD BID — ONE (1) 2013 OR NEWER, ONE -TON FOUR -WHEEL,. -DRIVE EXTENDED CAB PICK-UP TRUCK (2013 TRAFFIC CAPITAL LEASE PRINCIPAL AND., INTEREST) Mr. Jeffrey Hudak, Central Services, advised the Board that on May 14, 2013, bids were received and opened for the above referenced vehicle. After reviewing those bids, Mr. Hudak REGULAR MEETING MAY 28 2013 161 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 $39,947.00. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the motion, which carried. APPROVAL OF REQUEST TO REJECT BIDS AND RE -ADVERTISE FOR BIDS — INFRARED PAVEMENT PATCHING — PROJECT NO. I 13-014 STREETS/PAVING In a memorandum to the Board, Mr. Paul South, Director of Streets, requested permission to reject all bids for the above referenced project and re -advertise for bids. In his memo, Mr. South stated there were issues raised with the contract documents and specifications after the bids were opened by the Board. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above request was approved. APPROVE BID AWARD EXTENSION — EIGHT $ TRAILER MOUNTED LEAF VACS 2013 STREET CAPITAL LEASE PRINCIPAL AND INTEREST Mr. Jeffrey Hudak, Central Services, advised the Board that on July 10, 2012, the above referenced bid was awarded to the lowest responsible, responsive bidder, Best Equipment Company. Mr. Hudak explained that the specifications allowed for the extension of the bid award for one year from the date of the award. Therefore, based on a large price increase in the equipment, Mr. Hudak recommended that the Board approve the bid award extension of eight (8) more units in the amount of $29,328.00 each for a total of $234,624.00, Upon a motion by Ms. Roos, seconded by Mr. Relos and carried, the recommendation for extension of the bid award was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — MAIN STREET COLFAX STREET AND WAYNE STREET PARKING GARAGE RELIGHTING — PROJECT NO. 112-05$ CED CAPITAL) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Herrman & Goetz, Inc., 225 South Lafayette Boulevard, South Bend, Indiana 46601, for the above referenced project, indicating a final cost of $146,927.00. Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — PREVENTATIVE MAINTENANCE ON THIRTY-ONE 3I GENERATORS FOR WATER— WORKS, FIRE DEPARTMENT AND ENVIRONMENTAL SERVICES USER OPERATING BUDGETS) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced service. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE(1).OR MORE 2013 OR NEWER MID -SIZE FOUR -DOOR SEDAN AUTOMOBILES FIRE DEPARTMENT EMS CAPITAL In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced vehicles. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above request was approved. ADOPT RESOLUTION NO. 33-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA APPOINTING A NEGOTIATOR FOR THE 2013 TEAMSTER NEGOTIATIONS Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.33-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPOINTING A NEGOTIATOR FOR THE 2013 TEAMSTER NEGOTIATIONS WHEREAS, the South Bend Board of Public Works acknowledges that Mr. Robert Warnock, III, President of the Teamster Local Union No. 364, sent a letter dated March 19, 2013 REGULAR MEETING MAY 28 2013 162 to Mayor Pete Buttigieg giving official notice that Teamster Local Union No. 364 desires to negotiate changes and modifications to the Agreement Between the City of South Bend and Teamsters Local Union No. 364 ("Agreement") which expires on December 31, 2013; and WHEREAS, the South Bend Common Council, which is the body authorized to approve a contract between the City and Teamster Local Union No. 364, is expected to adopt a resolution at its meeting of May 27, 2013, appointing a negotiator for the purpose of reaching a new agreement with Teamster Local Union No. 364 through the negotiating process, related to such items as working conditions and other such items addressed in the Agreement; and WHEREAS, the South Bend Common Council has the authority to approve wages and budgetary items addressed in the Agreement; and WHEREAS, the Board of Public Works hereby wishes to act in unity with the South Bend Common Council for the purpose of reaching a new agreement with Teamster Local Union No. 364, through the negotiating process, related to such items as annual compensation and other budgetary items addressed in the Agreement; and WHEREAS, the Board of Public Works, in agreement with the South Bend Common Council, wishes to appoint a negotiator to address wages and other budgetary items addressed in the Agreement; and WHEREAS, the negotiator appointed by the Board of Public Works, together with any persons named by the negotiator to act in an advisory capacity to the negotiator shall not be considered a "Governing body" or "public agency" under either Indiana Code 5-14-1.5-2 or 5- 14-3-1. { NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. The Board of Public Works of the City of South Bend, Indiana hereby appoints Cheryl A. Greene as its negotiator in any discussions with Teamster Local Union No. 364 concerning wages and other budgetary items addressed in any agreement with Teamster Local Union No. 364. 2. Cheryl A. Greene shall have the authority to appoint a team to advise her and shall keep the Board of Public Works advised of the composition of that team. 3. This Resolution shall be in full force and effect as of May 28, 2013. Adopted the 28th day of May, 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 34-2013 — A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.34-2013 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded -in for property of a similar nature: REGULAR MEETING MAY 28, 2013 163 ONE (1) 1998 FORD JET RODDER VACUUM VIN NO. 1FDYN80E8WVA39358 WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange City -owned property for partial or full reduction in the purchase price of property of similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: I. The following described property shall be traded -in for property of a similar nature and shall be removed from the inventory of the City of South Bend: ONE (1) 1998 FORD JET RODDER VACUUM ADOPTED this 28th day of May, 2013 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 35-2013 - A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND 1NDIANA REGARDING THE SALE OF CERTAIN PROPERTY TO THE CITY OF SOUTH BEND BUILDING CORPORATION Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.35-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, REGARDING THE SALE OF CERTAIN PROPERTY TO THE CITY OF SOUTH BEND BUILDING CORPORATION 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 (the "Fire Station Property"); and (ii) a fire safety training facility located generally on a 5.5 acre parcel near Sample and High Streets in the City (the "Fire Training Center Property" and with the Fire Station Property, the "Property") in the City (collectively, the "Project") from the City of South Bend Building Corporation (the `Building Corporation"); and 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 Property to the Building Corporation, said Property being described as set forth in the Lease; and WHEREAS, the Board of Public Works of the City (the "Board") previously approved the appointment of two (2) appraisers professionally engaged in making appraisals to appraise the Fire Station Property and certain parcels of the Fire Training Center Property (the "Appraised Fire Training Center Property") which include those parcels not acquired by the City within three (3) years prior to the date of appointment of said appraisers; and WHEREAS, the average of the two (2) appraisals equals Twenty-three Thousand and 00/100 Dollars ($23,000.00) for the Fire Station Property and One Hundred Seventy -Eight REGULAR MEETING MAY 28, 2013 164 Thousand Four Hundred and 00/100 Dollars ($178,400.00) for the Appraised Fire Training Center Property; and WHEREAS, the City purchased the remaining parcels of the Fire Safety Training Property (the "Recently Acquired Property") within the three (3) years preceding the date of the appointment of the appraisers at prices which equal the sum of Fifty-four Thousand Seven Hundred Fifty and 00/I00 Dollars ($54,750.00) (collectively, the "Original Purchase Price); and WHEREAS, pursuant to I.C. 36-1-10-11, the price to be paid by the Building Corporation for the Recently Acquired Property may not be less than the Original Purchase Price; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that: Section I. The Board hereby approves and authorizes the sale of the Property for the purchase price of Two Hundred Fifty -Six Thousand One Hundred Fifty and 00/100 Dollars ($256,150.00) which equals the sum of the (i) average of the appraised values for the Fire Station Property and the Appraised Fire Training Center Property and (ii) the Original Purchase Price paid by the City for the Recently Acquired Property. The Mayor and Clerk are hereby authorized to execute and attest, respectively, a deed transferring title to the Property to the Building Corporation and any other documents necessary to complete such transfer. 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 28, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 36-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO POLICE VEHICLES AND PUBLIC WORK'S EQUIPMENT Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.36-2013 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER EQUIPMENT LEASE -PURCHASE AGREEMENT WITH PNC EQUIPMENT FINANCE, LLC, AS LESSOR, AND SEPARATE LEASE SCHEDULES AND ESCROW AGREEMENT FOR THE ACQUISITION, PURCHASE, FINANCING AND LEASING OF CERTAIN EQUIPMENT; AUTHORIZING THE EXECUTION AND DELIVERY OF OTHER DOCUMENTS AND ALL OTHER ACTIONS NECESSARY TO THE CONSUMMATION OF THE TRANSACTIONS CONTEMPLATED BY THIS RESOLUTION WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is the contracting body for the City of South Bend, Indiana (the "City") pursuant to Indiana Code § 36-- 9--6; and REGULAR MEETING MAY 28 2013 165 WHEREAS, the CITY OF SOUTH BEND ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule A-1 to the Master Lease Agreement (collectively, the "Lease") with PNC EQUIPMENT FINANCE, LLC, the form of which is attached hereto and incorporated herein as Exhibit "A" has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with PNC EQUIPMENT FINANCE, LLC, (the "Escrow Agent") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with PNC EQUIPMENT FINANCE, LLC, and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Cily Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the' Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents, Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on May 28, 2013 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS sl Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Mark W. Neal ATTEST: REGULAR MEETING MAY 2$ 2013 166 s/Linda M. Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Funding Second Professional Greeley & 2013 Long Term Control $164,000.00 Roos/Relos Services Hansen, LLC Plan Flow Monitoring and (WWTP Agreement Assistance O&M Engineering) Professional McCormick Bowman Creek $29,910.00 Relos/Roos Services Engineering, Implementation Project — (WWTP Proposal LLC Implement Projects Other Identified in Supplemental Contractuals) Environmental Project per Consent Decree Professional Envirosolutions, Wastewater Treatment Plant $5,700.00 ReloslNeal Services Inc. Air Regulatory Compliance (WWTP Proposal Services O&M Other Contractuals) Second Redevelopment Memorial Hospital (Medical Roos/Relos Amendment Commission Streetscape Improvements TIF) to the Project— Bid Packages 3 Addendum and 4 — Project No. 113- to the 015B Master Agency Agreement Proposal Kaseya Desktop Management $25,215,00 Roos/Relos Software (IT Operations) Agreement OJS Building Building Evnronmental $22,924.00 Roos/Relos Renewal Services, Inc. Maintenance Services for ($5,753.00 Palais Royale per Quarter) (Palais Royale Dept. Budget) Agreement OJS Building Building Environmental $24,874.00 Roos/Relos Renewal Services, Inc. Maintenance Services for ($6,218.50 Morris Performing Arts per Quarter) Center (MPAC Dept. Budget) Technical Physio-Control, Inspection and Maintenance $2,965.00 Roos/Relos Service Inc. of Ten (10) Automatic (Fire Repairs Support External Defibrillators for and Agreement Fire Department Maintenance Amendment Near Northwest Neighborhood (CDBG) Roos/Relos to Contract Neighborhood, Revitalization — Expand Inc. Target Area to Include the Property at 1022 Portage Avenue -- No Monetary Change Addendum Northeast Redevelopment of Vacant $23,500,00 Roos/Relos to Neighborhood or Demolished Properties — (NSP3) Agreement Revitalization Increase for Unanticipated Organization Cost of Sewer Lateral Repair to Five (5) New Construction Homes REGULAR MEETING MAY 28 2013 167 Addendum Northeast Permanent Supportive ($23,500.00) Relos/Roos to Neighborhood Housing Construction — (NSP3) Agreement Revitalization Decrease Due to Bids Organization Coming IN Lower than Architect's Estimate $2,600.00 Professional McCormick Assist with Obtaining DNR Roos/Relos Services Engineering, Floodway Permit for East Subject to Agreement LLC Race Boat Dock Extension Confirmation Contract South Bend —Project No. 113-019 Neighborhood Foot Patrols $90,000.00 of Funding Roos/Relos Police (CDBG) Department Costs Contract Performance Plus Cleaning Service for Morris Roos/Neal Performing Arts Center, Incorporated Palais Royale, and Leighton into Plaza Promoter's Amendment Jo Ellen Talos Increase Original Agreement Contracts Increase by Roos/Relos to and Transition Ms. Talos $3,100.00; Professional from CFS Temporary New Total Services Staffing to City Professional $49,100.00 Agreement Services APPROVAL OF PERMITS/LICENSES The following street closures and nrocessicn.s were nrPQPntPrl r,,, Applicant Description Date/Time Location Motion Madison Non Residential May 30, 2013; Park Lane from Carried Roos/Relos Primary Center Block Party --- 2:30 p.m. to Lafayette Boulevard to Ice Cream 7:00 p.m. Main Street Social Lots of Hope, Non Residential June 8, 2013 Cottage Grove Avenue Roos/Neal Inc. Block Party — from 11:00 a.m. from Lindsey Street to Block Party to 5:00 p.m. Van Buren Street WHIT Public Non Residential August 2, 2013; Jefferson Boulevard Roos/Relos Television Block Party — 6:00 p.m. to from Lafayette Michiana's 11:00 P.M. Boulevard to Franklin Rising Star Street Fraternal Order Procession — August 3, 2013; On Route as Submitted Roos/Relos of Police No. Fallen Officer 11:00 a.m. to 36 Scholarship 5:00 p.m. Motorcycle Ride TABLE REQUEST TO VACATE THE FIRST NORTH/SOUTH ALLEY OTSEGO STREET EAST OF MAIN STREET BETWEEN WAYNE STREET AND WESTERN AVENUE Mr. Gilot indicated that the St. Joseph County Library has submitted a request to vacate the above referenced alley in order to redevelop the area. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, and Fire Department. 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. Community Investment stated that the Redevelopment commission owns six lots in the affected area. Vacating the alley would land lock these parcels and the Library is encouraged to engage in conversation with the Redevelopment staff about how the Commission owned parcels fit into their future plans prior to proceeding with this vacation. Therefore, Mr. Gilot REGULAR MEETING MAY 28 2013 168 made a motion to table the request for the vacation until further review and discussion. Ms. Roos seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY BETWEEN LOCKE STREET AND LINCOLN WAY WEST GOING WEST FROM IOWA STREET TO THE FIRST NORTH/SOUTH ALLEY Mr. Gilot indicated that Ms. Kayla Patel, PO Box 3454, South Bend, Indiana, has submitted a request to vacate the above referenced alley in order to expand her business. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, and Community Investment. 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 the Board submit a favorable recommendation for the request for this vacation. Mr. Neal seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE ALL ALLEYS BORDERED BY SAMPLE STREET HIGH STREET AND THE PENN CENTRAL RAIL ROAD TRACKS Mr. Gilot indicated that the Fire Department has submitted a request to vacate the above referenced alleys for the development of the fire training facility. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Community Investment and Engineering. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous. Therefore, Ms. Roos made a motion the Board submit a favorable recommendation for the request for this vacation. Mr. Relos seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Signs LOCATIONS: 2709 Westmoor Street 1638 North Huey Street 526 South Sheridan Street REMARKS: All criteria has been met NEW INSTALLATION: No Turn on Red 7:00 a.m. to 4:00 p.m. LOCATION: Intersection of Mishawka Avenue and Twyckenham Drive REMARKS: All criteria has been met REVISION: Change First Four Parking Spaces from Three Regular and One Handicapped, to Four Handicapped Two -Hour Parking Spaces LOCATION: 300 West Jefferson Boulevard (In Front of "IT Building) REMARKS: All criteria has been met NEW INSTALLATION: No Parking Here to Corner LOCATION: West Side of North Sunnyside Avenue 50' South of McKinley Avenue REMARKS: All criteria has been met TABLE TRAFFIC CONTROL DEVICES REGULAR MEETING MAY 28, 2013 169 Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following traffic control device request was tabled for further clarification: REVISION: Change First Four Parking Spaces from Three Regular and One Handicapped, to Four Handicapped Two -Hour Parking Spaces LOCATION: 300 West Jefferson Boulevard (In Front of WHIT Building) REMARKS: All criteria has been met Mr. Gilot noted there was an additional request listed for two spaces on Jefferson Blvd. and one space on Lafayette Blvd. He requested the City Engineer, Mike Mecham speak to WHIT to clarify what they were requesting. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the Certificates of Insurance for the following businesses were accepted for filing: A. Phil Constable dba Phil Constable Concrete & Remodeling B. Windmuller Electric, Inc. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor and Excavation Bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: Bond Type roved/ Business yp A PP Effective Date Released Phil Constable Jose Luis Quijada d/b/a TX Concrete Wasielewski & Son Maynard Miller Excavating, Inc. Marcus Northern d/b/a Kennedy Expressline Kristin EwinLy Contractor Contractor Approved Approved May 9, 2013 May 14, 2013 Contractor Released June 8, 20 33 Excavation Approved May 3, 2013 Excavation Released June 17, 2013 Contractor Approved May 20, 2013 Ms. Roos made a motion that the Bonds approval and/or release 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 of Claim Date City of South Bend $4,710,165.51 05/24/2013 City of South Bend $10,991.89 05121/2013 City of South Bend $1,280,786.74 05/28/2013 Therefore, Mr. Neal 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. Toy Villa, Engineering, stated he wanted to make the Board aware of a situation with the Memorial Hospital skyway window replacement project. He noted that when the windows were removed, the contractor, Gibson Lewis, encountered mold. The City has been waiting on a solution for mediation and meanwhile the contractor has been sent home. Mr. Villa stated as a result, they are going to need a sixty (60) day extension. He noted this is a private issue, with the owners, Holladay Corporation, paying for the remediation at no cost to the City. Ms. Greene asked if the Board needed to amend the contract with Gibson Lewis. Mr. Villa stated no, he would be presenting a Change Order; he just wanted to give the Board a heads -up on the situation. Mr. Murray Miller, Local 645, asked what the reason was for rejecting the bids for the Infrared Pavement Patching Project. Ms. Greene stated the bid specifications needed to be re -worked; the previous bid specs were used and the Board wasn't happy with the wording. Mr. Gilot explained REGULAR MEETING MAY 28, 2013 170 there was ambiguity on the quality of the work, and the experience requirements were too high. Ms. Greene added they are looking for performance based specifications and it was difficult to determine if the current specs were divisible. Mr. Gilot noted if they can divide the specs, they can get more bids and possibly smaller companies that can do some of the work. APPROVE SPECIAL PURCHASE — WHP TRAINING TOWERS (EMS CAPITAL) Mr. Gilot stated this item was discussed in great detail at the Agenda Review Session and he was looking for a cost breakdown and an independent third party analysis of the proposal from WHP for the purchase of a pre-engineered fire training tower and burn building. Fire Chief Steve Cox presented a letter of recommendation from Terry Haymond, Development Strategies Group, confirming he has no proprietary interest. Chief Cox stated Mr. Haymond added information on the cost comparison, structural durability, and maintenance costs, and gave three scenarios and the costs associated with the type of structure purchased. Chief Cox noted the first ten years of maintenance on a constructed steel building average around $100,000.00 versus only $25,000.00 on the pre -fabricated structures. Chief Cox stated he would like to purchase the structure with the brick facade for several reasons. He noted it will be very visible in its' current location and the brick will look nicer; and brick walls will hold up structurally longer and better than steel walls. He added that fire fighter ladders are heavy enough to dent a metal wall when placed against it. Chief Cox stated that there are two companies that provide pre -manufactured buildings, however one is not customizable. WHP Training Tower's buildings are. He stated when you are building almost a $4,000,000.00 training facility you need to be able to change the set-up for good training scenarios; you can't have the same set-up every time. Another concern, he stated, is the potential for the corrugated steel interior walls to warp. Chief Cox stated WHP is the only provider that has paginated liners that are heat resistant. He noted the Fire Department will be spraying a lot of water in there and the other company has had problems with rusting walls. Mr. Gilot noted there appears to be savings but the Fire Department added back prop items that eat up the savings. Chief Cox stated he asked WHP to re -work the estimate, eliminating some of the props because they are movable so the Fire Department does not need so many. He added that WHP's cost is 17% lower than the Fire Department's costs on the props. Ms. Greene stated they have two separate items here, the purchase of the buildings and the purchase of props, and they need to keep them separate. She added this situation is very different from what is normally done; they are integrating two modular units into a construction project. She noted the general contractor will be integrated into the installation of the tower with the pouring of the base, so common construction wages will need to be used. Ms. Roos noted they need to make sure there are also savings in the design of a pre -fabricated building versus design of the construction of the building. Chief Cox stated he spoke to the Architect and they can do the design. Ms. Greene added they need to confirm the scope of their work can be reduced. Mr. Relos asked if there is a guarantee on the brick facade, noting concerns regarding the effects of excessive heating and water spraying. Chief Cox stated this company has built more than five -hundred (500) of these buildings and has a terrific history of construction in all types of climates. Assistant Chief Todd Skwarean added that the inside walls are treated to keep the outside walls cool. Mr. Gilot stated his previous questions were answered regarding showing the detailed savings, and an independent letter of recommendation. Ms. Greene stated she sees this as a significant savings purchase. She added that based on the construction, it does not fit a sole source; however the other manufacturer does not meet the quality of the construction of WHP. Mr. Gilot stated he would like to see quotes on the props and see whether there are savings here. Chief Cox stated he already has Mr. Haymond working on this. Ms. Greene added she would want to treat the props as a separate significant savings purchase. She noted the project is being financed with a bond; they would need to make sure the bond would cover the props. Ms. Roos noted there was an error on the Scenario III cost analysis, with the brick facade. She noted the memo stated "less Nichiha Brick" and it should state "plus Nichiha brick". Mr. Gilot made a motion to approve the Special Purchase of the Scenario III engineered training tower and burn building in the adjusted amount of $1,869,447.00 subject to removal of the props from the purchase; Legal and Purchasing review; and subject to bond financing. Ms. Roos seconded the motion, which carried. Mr. Murray Miller, Local No. 645, asked if this project will include any local contractors and if it is4 o separate projects. Ms. Greene stated it is one construction project with two components. The training tower and the burn building are being treated as equipment purchases, and all the rest falls under the general contractor. Mr. Relos questioned what percentage of the project the building purchase represents. Chief Cox stated it is less than half of the total project. REGULAR MEETING MAY 28, 2013 171 AUTHORIZE BOARD MEMBER DAVID RELOS TO SIGN CERTAIN DOCUMENTS Ms. Greene stated she had one additional item she needed to get direction -fromthe Board on. She stated in the past the Board had authorized former Board member Donald Inks to sign certain documents related to Community Investment that are administrative in function. She questioned whether the Board would like to authorize Mr. Ink's replacement on the Board, David Relos, to take on this administrative task. She noted the documents she is referencing would include, but not be limited to, plats and real estate closing documents. She asked that the Board authorize Mr. Relos to sign those documents of administrative function necessary to close on Board approved development projects and to be outlined in a Resolution she would prepare for the next Board of Work's meeting. Mr. Gilot made a motion to authorize Mr. Relos to sign those documents outlined in a resolution to be prepared by Ms. Greene. Ms. Roos seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 11:20 a.m. BOARD OF PUBLIC WORKS A-4-pn Gary A. Gilot, President Michael Mecham, Member Mark Neal, Member nda M. Martin, Clerk