HomeMy WebLinkAbout07/09/13 Board of Public Works MinutesAGENDA REVIEW SESSION JULY 2 2013 '102
The Agenda Review Session and Claims Review Session of the Board of Public Works was
convened at 8:32 a.m. on Thursday, July 2, 2013, by Board President Gary A. Gilot, with Board
Members David P. Relos, Kathryn E. Roos, Michael C. Mecham 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.
ADDITION TO AND REMOVAL OF AGENDA ITEMS
Mr. Gilot noted the removal of a Request to Advertise for the Parking Garages Membrane Sealer
and Joint Replacement, Project No. 113-025, and the addition of Claims to this Agenda
Review/Claims Review Session.
APPROVAL OF AMENDMENT TO THE ADDENDUM TO THE MASTER AGENCY
AGREEMENT — REDEVELOPMENT COMMISSION (SBCDA)
Mr. Gilot stated that the Board is in receipt of an Amendment to the Addendum to the Master
Agency Agreement between the City of South Bend and the Redevelopment Commission for
Studebaker Plaza, Citizen's Bank and Trust Building, Project No. 113-007, to increase funding
in the amount of $28,000.00 for the project. Mr. Relos stated the low bid for the project came in
at $318,095.52, which was $28,000,00 over the budget. He noted Community Investment went
back to the Redevelopment Commission to request additional funds, which were approved.
Therefore, upon a motion made by Mr. Mecham, seconded by Ms. Roos and carried, the
Amendment to the Agreement was approved.
AWARD BID AND APPROVE CONTRACT — STUDEBAKER PLAZA — CITIZEN'S BANK
AND TRUST BUILDING - PROJECT NO. l 13,-007 (SB_CDA)
Mr. Jitin Kain, Community Investment, advised the Board that on June 25, 2013, bids were
received and opened for the above referenced project. After reviewing those bids, Mr. Kain
recommended that the Board award the contract to the lowest responsive and responsible bidder
Majority Builders, Inc., 62900 US 31 South, South Bend, Indiana 46614, in the amount of
$318,095.52, which is the Base Bid pus Alternates Nos. 1 and 2. Mr. Gilot noted that Mr. Carl
Littrell, Engineering, had reviewed and tabulated the unit prices bid and found errors in several
of the bid's extended bid amounts. He noted the amount being awarded is based on the corrected
base bid plus the deduction of the alternates, and that Majority has confirmed the corrected total
amount on their bid sheet. Mr. Gilot requested that Mr. Littrell's bid tabulation be included in the
Board's record. Therefore, Mr. Mecham made a motion that the recommendation be accepted
and the bid be awarded and the contract approved as outlined above. Ms. Roos seconded the
motion, which carried.
TABLE BID AWARD — LEIGHTON PARKING GARAGE RELIGHTING — PROJECT NO.
113-013 CENTRAL MEDICAL TIF
Mr. Dave Relos, Community Investment, advised the Board that the funding source, Medical
TIF, showing on the agenda was not correct. The Board agreed to table the item until Mr.
Jonathon Burke, Energy Department, could correct the funding source. Therefore, Ms. Roos
made a motion that the bid award be tabled until confirmation of the correct funding source. Mr.
Mecham seconded the motion, which carried.
AWARD BID AND APPROVE CONTRACT — MEMORIAL PARKING PHASE 3B —
PROJECT NO. 113-015 (MEDICAL TIF)
Mr. David Relos, Community Investment, advised the Board that on June 25, 2013, bids were
received and opened for the above referenced project. After reviewing those bids, Mr. Relos
recommended that the Board award the contract to the lowest responsive and responsible bidder,
Rieth-Riley Construction Co., Inc., PO Box 1775, 25200 SR 23, South Bend, Indiana 46614, in
the amount of $980,564.50, which is the Base Bid plus Alternate 1. Therefore, Ms. Roos made a
motion that the recommendation be accepted and the bid be awarded and the contract approved
as outlined above. Mr. Gilot 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.
AGENDA REVIEW SESSION
JULY 2, 2013 203
Name
Amount of Claim
Date
:City Bend
$1,472,515,42
06/28/2013
City of South Bend
$1,398,344.82
07/02/2013
City of South Bend
$1,180,357.59
06/28/2013
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.
AWARD BID AND APPROVE CONTRACT — LEIGHTON PARKING GARAGE
RELIGHTING — PROJECT NO. 113-013 CENTRAL MEDICAL TIF
Mr. Jonathon Burke, Energy Division, advised the Board that he spoke to Community
Investment and was advised that this project is being funded out of Community Investment
Capital, not TIF. Ms. Greene noted on June 11, 2013, bids were received and opened for the
above referenced project. After reviewing those bids, it was noted the low bidder, Herrman &
Goetz, did not submit their Acknowledgement of Addendum with their bid. She stated the Board
needs to decide whether they are willing to waive the irregularity. Mr. Eric Horvath, Public
Works Director, stated the Addendum was reviewed by the Engineering Division and it was
found there was no material change within the Addendum. He noted the Addendum was
basically Minutes from the Pre -Bid meeting, and should not have been done in the form of an
Addendum, but as Minutes. Ms. Greene stated this is an unusual situation that the Board needs to
make clear in their decision on how to treat future similar occurrences. She added she would not
want this to set a precedent. Mr. Horvath noted the whole process is to make sure there is no
competitive advantage, and in this case, there is not. Therefore, Mr. Burke recommended that the
Board award the contract to the lowest responsive and responsible bidder Herrman & Goetz,
Inc., 225 South Lafayette Boulevard, South Bend, Indiana 46601, in the amount of $173,250.00.
Upon a motion by Ms. Roos, seconded by Mr. Mecham and carried, the recommendation was
accepted and the bid was awarded and the contract approved as outlined above.
Board members discussed the following item(s) from the agenda.
- Award Bid — Janitorial Supplies
Ms. Toni Laisure, Central Services, noted that three (3) of the five (5) companies being awarded
Janitorial Supplies are MBE/WBE businesses. Mr, Gilot asked if they had a breakdown of the
percentage of supplies being awarded to MBE/WBE companies. Mr. George King, Purchasing,
stated they did not but could put that information together. Mr. King noted that one company was
independently owned by a Firefighter, He stated it has been confirmed that he had no prior
knowledge, nor advantage, and none of the supplies are specific to the Fire Department, so there
was no reason to disqualify his company's bid. Mr. King added he has bid and been a supplier in
past years and proved to be a competent supplier. Ms. Roos questioned if there was an award for
Item No. 72. Ms. Laisure stated no bids were received so they will go out for quotes on that item.
- Opening of Bids — South Bend Fire Department Training Facility
Fire Chief Stephen Cox stated at a Pre -Bid meeting held yesterday on this project, all of the
contractors expressed concerns with the timeline being too short. He noted they were concerned
the current three month timeline would not allow enough time for the purchase and delivery of
materials, and they would be forced to include liquidated charges in their bid. He added the other
issue of concern is with this being a holiday week and bids being due next Tuesday, there are
concerns about getting price quotes in time for submitting"their bid. Chief Cox requested the
Board allow the Architect, Brian Arterbery, with R.W. Armstrong, to prepare an Addendum
extending the bid opening date to July 16, 2013 at 8:30 a.m. at the Board of Work's Claims
Review Meeting. Mr. Mecham stated in the long run this will save money because the Board will
get good competitive bids. He noted otherwise, they will all add in liquidated charges. Mr. Neal
stated if the bid is awarded on July 23, 2013, the funds will be appropriated; he will just need a
complete project list of Fire Station No. 5 and the Fire Training Facility to make sure the bond
covers all of the financing. Ms. Greene stated another issue that came up is regarding reference
in the specifications to the South Bend Plan. She noted there is no such plan and the intent is to
also remove the three pages in the specifications referencing that, by addendum. Chief Cox asked
Mr. Arterbery to confirm the changes that will be issued in the addendum. Mr. Arterbery stated
the bid opening date will be extended to July 16, 2013; the completion date will be extended to
January 3, 2013, with landscaping services completed by June 1, 2013; and the three (3) pages
referencing the South Bend Plan will be removed from the specifications. He noted they will also
need to update wage rates after they are released.
- Easement Release for Vacated Alleys at New Fire Training Facility
AGENDA REVIEW SESSION
JULY 2 2013 204
Mr. Gilot noted there are utilities located in the easements for the new Fire Training Facility and
they would have to be released by the utility companies before the Board can approve the City's
easement releases. Ms. Roos suggested Mr. Mike Danch of Danch, Harper & Associates, Inc., be
present for the Regular Board meeting to answer questions.
- Assignment Agreement --- United Federal Credit Union
Ms. Roos stated the Board has been asked to table this agreement with Union Stations
Technology for the assignment of indemnity rights to United Federal Credit Union until the
closing documents can be made available. Ms. Roos requested Mr. Scott Ford, Community
Investment confirm this item should be tabled on Tuesday, or if the agreement will be ready by
then.
- Change Order — East Bank Sewer Separation, Phase 4
Mr. Toy Villa, Engineering, stated this increase in time and cost is due to encountering a larger
clay pipe than expected, which didn't connect with the other pvc pipe and was falling apart. He
stated they had to replace the entire 30"x50' clay pipe with a pvc pipe.
- Public Hearing — Concerning the Disposition of Real Properties Located at 4212 and
4224 Fellow Street
Attorney Larry Meteiver stated the law requires that the Mayor make a recommendation to the
Common Council for the disposition of property valued in excess of S50,000.00. He noted this
Public Hearing is for the sale of two (2) properties associated with the Fellows Street Project that
are valued at over $50,000.00. The Board is required to hold the public hearing, after which they
make a recommendation to the Mayor on whether to dispose of the property and to make a
recommendation to the Common Council for final approval. He noted a resolution confirming or
recommending against the sale will need to be added to Tuesday's agenda for the Board's
approval. Mr. Gilot questioned if bids come in for less than 90% of the property's value will this
need to be done over. Mr. Meteiver confirmed it would.
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 9:44 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
D4athryn
id PRelos, Member
Roos, Memb
Michael C. Mecham, Member
Mark W. Neal, Member
IdaM. Martin, Ue���
REGULAR MEETING JULY 9-,,..2013
The Regular Meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, July
9, 2013, by Board President Gary A. Gilot, with Board Members David P. Relos, Michael C.
Mecham and Mark W. Neal present. Board Member Kathryn Roos was absent. Also present was
Board Attorney Cheryl Greene.
PUBLIC HEARING CONCERNING THE DISPOSITION OF REAL PROPERTIES
LOCATED AT 4212 FELLOWS STREET AND 4224 FELLOWS STREET SOUTH BEND
INDIANA
Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning the
disposition of real properties located at 4212 Fellows Street and 4224 Fellows Street in South
Bend, Indiana. Ms. Greene explained the City acquired the properties during an administrative
hearing for the Fellows Street project. She noted the properties are no longer needed due to a
change in the final plans, and the Board is required to hold a Public Hearing to dispose of the
property. She added this requirement is for property no longer needed that is valued in excess of
$50,000,00. She stated the Board is required to give notice of the Public Hearing under I.C. 5-3-
1, conduct the hearing, and notify the executive of its recommendation. Ms. Greene stated the
REGULAR MEETING JULY 9 2013 205
Board advertised the Public Hearing on June 21, 2013 and June 28, 2013. She stated the Board
will makes a recommendation based on evidence presented at the Public Hearing to Mayor
Buttigieg to accept or reject the sale of the property. The Mayor then forwards a recommendation
to the Common Council based on that recommendation. Mr. Gilot opened the Hearing. There
being no one present wishing to address the Board concerning this matter, the Public Hearing
was closed. Mr. Gilot noted the prices listed in the Notice to Bidders are the appraised values,
and bids can be accepted for 90% of the property's values. Upon a motion made by Mr. Gilot,
seconded by Mr. Mecham and carried, the Board approved a favorable recommendation for the
sale of the properties to be forwarded to Mayor Buttigieg.
ADOPT RESOLUTION NO. 41-2013 --- RECOMMENDING THE DISPOSITION OF REAL
PROPERTIES LOCATED AT 4212 FELLOWS STREET AND 4224 FELLOWS STREET
SOUTH BEND INDIANA
Upon a motion made by Mr. Gilot, seconded by Mr. Mecharn and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO. 41-2013
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA,
RECOMMENDING THE DISPOSITION OF REAL PROPERTIES
LOCATED AT 4212 FELLOWS STREET AND 4224 FELLOWS STREET,
SOUTH BEND, INDIANA
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") has
custody of and may maintain and dispose of all real property owned by the City of South Bend,
Indiana (the "City") pursuant to I.C. 36-9-6-3; and
WHEREAS, the City is the owner of certain real estate located at 4212 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 5 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana; and
WHEREAS, the City is the owner of certain real estate located at 4224 Fellows Street,
South Bend, St. Joseph County, Indiana, which is more particularly described as
Lot Numbered 3 in Parkside Terrace Minor Subdivision as per plat thereof
recorded March 4, 1981, as Instrument Number 8103327, in the Office of the
Recorder of St. Joseph County, Indiana;
(collectively referred to as the "Properties"); and
WHEREAS, each of the Properties has an appraised value in excess of Fifty Thousand
Dollars ($50,000.00); and
WHEREAS, I.C. 36-1-11-3 requires the approval of the executive of the political
subdivision, i.e., the Mayor of the City of South Bend and further for every sale of real property
having an appraised value of Fifty Thousand Dollars or more, the approval of the fiscal body of
the unit, i.e., the Common Council of the City of South Bend; and
WHEREAS, I.C. 3 6-1-11-3 requires the executive to conduct a public hearing after
giving notice under I.C. 5-3-1 and to designate a board or commission of the municipality to give
notice, conduct the hearing and notify the executive of its recommendation; and
WHEREAS, the Board has given notice of a public hearing by publication on June 21,
2013 and June 28, 2013, and has conducted a public hearing concerning the proposed disposition'
of the Properties, and has considered the comments made at such hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND as follows:
REGULAR MEETING JULY 9, 2013 206
1. The Board hereby recommends to the Mayor that the disposition of the Properties
be approved and that this matter be submitted to the South Bend Common Council for final
approval of the disposition of the Properties.
2. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on July 9, 2013, at 227 West Jefferson Boulevard, Room 1308, South Bend, Indiana 46601,
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ David P. Relos
s/ Michael C. Mecham
s/ Mark W. Neal
ATTEST:
s/Linda M. Martin, Clerk
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 of June 20, 2013, and the Regular Meeting of June 25, 2013, were
approved.
TABLE OPENING OF BIDS — SOUTH BEND FIRE DEPARTMENT TRAINING FACILITY
— PROJECT NO. I I L017 EMS CAPITAL
Upon a motion by Mr. Mecham, seconded by Mr. Neal and carried, the opening of bids for the
above project was tabled until July 16, 2013.
OPENING OF BIDS — ONE (1) OR MORE, 2013 OR NEWER JET RODDER/VACUUM
MACHINE WITH CAB AND CHASSIS (2013 SEWER DEPARTMENT CAPITAL BUDGET)
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:
SOUTHEASTERN EQUIPMENT CO., INC
3333 West Coliseum Boulevard
Fort Wayne, Indiana 46808
Bid was signed by: Mr. Paul Bell
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Employment Eligibility
Verification, Non -Discrimination Commitment for Contractors and Certification of Use
of United States Steel Products or Foundry Products was submitted
Ten percent (10%) Bid Bond was submitted
Indiana Local Business Preference Claim form was submitted
BID:
Item Est.
No. Item Year/Make/Model Qty. Unit Price
2013 or Newer Combination Jet
1 Rodder/Vacuum Machine with 1
Cab & Chassis 2013 Vac -All AJV 1015-R $324,800.00
Year Make/Model — Trade In Unit Price
1998 SN466, Ford Jet Rodder Vacuum,
VIN# IFDYN80ESWVA39358 ($28 000 00)
Option# Description Unit Price
14 function wireless remote control with boom up/down, right/left,
1 in/out, hose real in/out, articulate left/right, vacuum breaker valve,
internal boom valve, water pump on/off, and emergency stop. $2,988.00
REGULAR MEETING
JULY 9 2013 207
BEST EQUIPMENT CO. INC.
5550 Poindexter Drive
Indianapolis, Indiana 46235
Bid was signed by: Ms. Maria Dahlmann
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
[ME
Item
No.
Item
Year[Make/Model
Est.
Unit Price
Qty
2013 or Newer Combination
I
Jet Rodder/Vacuum Machine
1
with Cab & Chassis
2014 Vac -Con PD3612HEN/1300
$341,275.00
Year
Make/Model -- Trade In
Unit Price
1998
SN466, Ford Jet Rodder Vacuum,
VIN# 1FDYN80E8WVA39358
($50,000.00)
Option#
Description
Unit Price
14 function wireless remote control with boom up/down, right/left,
1
in/out, hose real in/out, articulate left/right, vacuum breaker valve,
internal boom valve, water pump on/off, and emergency stop.
$3,499.00
BROWN EQUIPMENT CO. INC.
PO Box 9799
Fort Wayne, Indiana 46899-9799
Bid was signed by: Mr. Douglas 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
Ten percent (10%) Bid Bond was submitted
on
Item
Item
Item
Year/Make/Model
Est.
Unit Price
Qty.
2013 or Newer Combination
1
Jet Rodder/Vacuum Machine
Aquatech Model B 10 13
1
with Cab & Chassis
2014 Freightliner M2
$340,000.00
Year
Make/Model — Trade In
Unit Price
1998
SN466, Ford Jet Rodder Vacuum,
VIN# 1FDYN80E8WVA39358
($35,500.00)
Option#
Description
Unit Price
14 function wireless remote control with boom up/down, right/left,
1
in/out, hose real in/out, articulate left/right, vacuum breaker valve,
internal boom valve, water pump on/off, and emergency stop.
$5,180.00
.TACK DOHENY COMPANIES
PO Box 609
Northville, Michigan 48167
Bid was signed by: Mr. Gary Mapes
Bid Not Submitted
Ms. Greene noted she only was giving a preliminary review when reading the bids out loud, and
all information is to be confirmed later by the responsible party. She noted the specifications
would be reviewed on the requirements of all bids, and determination would be made on whether
the bids were responsive, after review. Upon a motion made by Mr. Mecham, seconded by Mr.
REGULAR MEETING JULY 9, 2013 208
Relos and carried, the above bids were referred to Central Services and the Sewer Department
for review and recommendation.
OPENING OF BIDS --- STREET SWEEPING DEBRIS DISPOSAL — PROJECT NO 113-020
SEWERS)
This was the date set for receiving and opening of sealed bids for the above referenced service.
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:
WASTE MANAGEMENT OF INDIANA, LLC (PRARIE VIEW LANDFILL)
11505 Shively Road
Wyatt, Indiana 46595
Bid was signed by: Ms. Victoria Poss
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
I
Item
Unit Price
No.
Item
per Ton
1
Street Sweeping Debris
$16.00/Ton
Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bid was
referred to the Street Department for review and recommendation.
OPENING OF PROPOSALS — MANAGEMENT AND MARKETING OF THE CITY OF
SOUTH BEND ORGANIC RESOURCES FACILITY
This was the date set for receiving and opening of sealed proposals for the above referenced
service. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the
Tri-County News, which were found to be sufficient. Ms. Greene stated these proposals would
be reviewed by a review committee and scored based on a matrix. She noted there were no
numbers to read therefore, and the award would be based on total scores, not low dollar amount.
She asked that as part of the review process, confirmation be made that all required documents
were submitted with each proposal. The following proposals were opened and the names of the
bidders were publicly read:
WECARE ORGANICS
9293 Banta Bridge Road
Jordan, New York 13080
Bid was signed by: Mr. Michael Nicholson
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
KURTZ BROS., INC.
6415 Granger Road
Independence, Ohio 44131
Bid was signed by: Mr. John Kurtz
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
BSA LIFESTRUCTURES
9365 Counselors Row
Indianapolis, Indiana 46240-1479
Bid was signed by: Mr. Billy Ponko
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Employment Eligibility
Verification, Non -Discrimination Commitment for Contractors and Certification of Use
of United States Steel Products or Foundry Products was submitted
REGULAR MEETING JULY 9 2013 209
Upon a motion made by Mr. Gilot, seconded by Mr. Mecham and carried, the above proposals
were referred to the review committee for review and recommendation.
APPROVE SPECIAL PURCHASE — DIGITAL ALLY
Lieutenant Chris Voros, Police Department, stated this request is for a sole source purchase from
Digital Ally of eighteen (18) Digital Ally DVM500 Plus in -car video cameras and monitoring
software compatible with current equipment for new Police vehicles. He noted this is the same
system as purchased the last three (3) years. Mr. Neal questioned how many vehicles currently
have this technology. Lt. Voros stated approximately eighty (80) vehicles. He noted the contract
provided is Digital Ally's standard contract and he has asked them to forward a new one with the
City's Legal Department changes. Ms. Greene confirmed the equipment is compatible with
current equipment at a comparable price. Mr. Neal noted the amount on the agenda of
$87,815.00 was different from the amount in the contract of $88,355.00. Ms. Martin stated she
was notified the agenda amount did not include shipping costs. Therefore, upon a motion by Mr.
Relos, seconded by Mr. Neal and carried, the special purchase was approved as outlined above,
subject to Legal's changes and in the corrected amount of $88,355.00.
RELEASE OF CITY'S EASEMENTS FOR ALLEY VACATIONS IN THE NEW FIRE
TRAINING FACILITY AREA BOUNDED BY SAMPLE STREET HIGH STREET AND
PENN CENTRAL RAILROAD
In a memorandum to the Board, Mr. Michael Mecham, asked that the above referenced
easements be released for the purpose of building the new Fire Department training facility. Mr.
Mike Danch, Danch, Harper & Associates, Inc., stated he is requesting the Board release the
City's easements in those alleys the Board previously approved vacating for the new Fire
Training Center that don't have utility easements. He explained the alleys with utility easements
will remain. Mr. Danch noted even if there were utilities in the alleys being released, he would
work through the easements with the utility companies. Mr. Danch explained releasing the
easements will allow them to move through the plat process. Mr. Gilot stated the Board cannot
release the easements until the utility companies have released their utility easement. Therefore,
upon a motion made by Mr. Relos, seconded by Mr. Mecham, and carried, the above referenced
release of easements was approved subject to the release of utility easements.
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY
BETWEEN CEDAR STREET AND MADISON STREET WEST FROM EDDY STREET TO
THE NORTH/SOUTH ALLEY
Mr. Gilot indicated that Mr. John Bogdafarcan of 424 Frances, LLC, 2433 Oak Valley Drive,
Suite 500, Ann Arbor, Michigan 48103, has submitted a request to vacate the above referenced
alley for the purpose of redeveloping the site and changing the entrance from Eddy Street to
Cedar Street. Mr. Mike Danch, Danch, Harper & Associates, Inc. stated this request was
previously tabled by the Board in order to determine property ownership of one of the properties
located at 1028 Cedar Street, and for review of a site plan of the new entrance on Cedar Street.
Mr. Danch stated he has submitted to the Board a site plan and a Warranty Deed showing the
transfer of the property in question to 424 Francis, LLC. 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 Engineering. Community Investment
gave a favorable recommendation subject to review of a site plan by Engineering, and proof of
ownership of one property located on Cedar Street. 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. Gilot made a motion recommending approval of the request for the
alley vacation. Mr. Neal seconded the motion which carried.
AWARD BID AND APPROVE CONTRACT . = ONE (1) 2013 OR NEWER MID SIZE FOUR -
DOOR AUTOMOBILE (2013 FIRE DEPARTMENT CAPITAL EMS BUDGET)
Mr. Jeffrey Hudak, Central Services, advised the Board that on June 25, 2013, bids were
received and opened for the above referenced vehicle. After reviewing those bids, Mr. Hudak
recommended that the Board award the contract to the lowest responsive and responsible bidder
Jordan Motors, 609 East Jefferson Boulevard, Mishawaka, Indiana 46545, in the amount of
$19,490.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the
REGULAR MEETING
JUL Y 9, 2013 210
bid be awarded and the contract approved as outlined above. Mr. Neal seconded the motion,
which carried.
AWARD BIDS AND APPROVE CONTRACTS - JANITORIAL SUPPLIES USER
DEPARTMENTS)
Ms. Toni Laisure, Central Services, advised the Board that on June 11, 2013, bids were received
and opened for the above referenced supplies. After reviewing those bids, Ms. Laisure
recommended that the Board award the contract to the lowest responsive and responsible bidders
in unit prices as follows:
Com an
Kabelin
Sections
Section 1 Chemicals
Item s
18, 22, 24-26, 28-31
Section 2 Su plies
46, 49, 52-55, 57, 73, 74
Section 4 Liners
87
Sanco
Section 2 Supplies
67,68
Section 3 Paper
78,79
Central Pol
Section 3 Paper
75, 80, 82
Section 4 Liners
89
All American Poly
Section 4 Liners
83, 84, 85, 86
South Bend
Chemical
Section 2 Supplies
35, 37-39, 56, 58, 60
Section 4 Liners
88
HP Products
Sectionl Chemicals
1-17, 19-21, 23, 27, 32-34
Section 2 Supplies
36, 40-45, 47, 48, 50, 51, 59, 61-66, 69- 71
Section 3 Paper
76, 77, 81
Mr. George King, Purchasing, stated this bid is divisible and is being divided between six (6)
companies, three (3) of which are WBE businesses. He noted the percentages going to WBE
businesses include HP Products, 42%; Kabelin, 16%; and Sanco, 9%. Therefore, Mr. Neal made
a motion that the recommendation be accepted and the bids be awarded and the contracts
approved as outlined above. Mr. Relos seconded the motion, which carried.
APPROVE CHANGE ORDER NO. 1 - EAST BANK SEWER SEPARATION PHASE 4 -
PROJECT NO. 112-041 2012 SEWER BOND
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf
of Selge Construction Co., Inc., 2833 South I I Street, Niles, Michigan, 49120, indicating the
contract amount be increased by $24,295.00, plus a four day extension, for a modified contract
sum, including this Change Order, in the amount of $2,640,365.26. Upon a motion made by Mr.
Neal, seconded by Mr. Mecham and carried, the Change Order was approved.
APPROVE CHANGE ORDER NO. 5 - MEMORIAL HOSPITAL FA ADE - PROJECT NO.
112-018 MEDICAL TIF
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 5 on behalf
of Holladay Construction Group, 227 South Main Street, Suite 200, South Bend, Indiana 46601,
indicating the contract amount be increased by $2,750.00 for a modified contract sum, including
this Change Order, in the amount of $872,720.00. Upon a motion made by Mr. Relos, seconded
by Mr. Neal and carried, the Change Order was approved.
APPROVE CHANGE ORDER NO. 1 FINAL AND PROJECT COMPLETION AFFIDAVIT
- IGNITION PARK LOT 4 SITE IMPROVEMENTS - PROJECT NO. 112-025A AEDA TIF
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I (Final) on
behalf of C&E Excavating, Inc., 53767 County Road 9, Elkhart, Indiana 46514, indicating the
contract amount be decreased by $9,627.76 for a modified contract sum, including this Change
Order, of $122,789.09. Additionally submitted was the Project Completion Affidavit indicating
this new final cost of $122,789.09. Upon a motion made by Mr. Mecham, seconded by Mr. Neal
and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved.
APPROVE QUEST TO ADVERTISE FOR THE RECEIPT OF BIDS --- SALE OF
ABANDONED VEHICLES
Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale
of approximately twelve (12) abandoned vehicles, which are being stored at Super Auto Salvage
Corporation, 201 West Sherwood, South Bend, Indiana. It was noted that all vehicles have been
stored more than fifteen (15) days, identification checks have been run for auto theft, and the
REGULAR MEETING
JULY 9, 2013 211
owners and lienholders notified. Upon a motion made by Mr. Gilot, seconded by Mr. Neal, and
carried, the above request was approved.
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
Agreement
Historic
Annual Support -- Surveying,
$25,000.00
Gilot/Relos
Preservation
Data Collection, Education,
(EDIT)
Commission
and Review of Federally
Funded Projects
Amendment
Housing
REWARD (Homebuyer's
N/A
Relos/Neal
to Contract
Development
Assistance) — Extend
Corporation
Obligation Period an
Additional Six (6) Months —
No Additional Cost
Agreement
St. Joseph
City's Share of Kankakee
$20,000.00
Mecham/Relos
County
Ditch Maintenance from New
(Loss
Drainage
Energy and the City's Storm
Recovery
Board
Drain Outfall
Fund)
Agreement
Herman &
Electrician Services for Water
Hourly Rates;
Gilot/Mecham
Extension
Goetz, Inc.
Works — Extend Contract
$79.60/hr.
through 2014
Regular Time;
$102.21 /hr,
Overtime;
$127.25/hr.
Premium
Time
(Water Works
Operations)
Assignment
United
City to Assign the Indemnity
N/A
TABLED
Agreement
Federal
Rights in the EIA with Union
Neal/Mecham
Credit Union
Station Technologies to
United Federal Credit Union
APPROVAL OF PERMIT
The following street closure was presented for approval:
Applicant
Description
Date/Time
Location
Motion
Carried
Downtown
Block Party —
August 17, 2013;
Michigan Street from
Mecham/Relos
South Bend,
Non-
7:00 a.m. to 5:00
Colfax Avenue to Wayne
Inc.
Residential _
p.m.
Street; Washington Street
Art Beat
from Teacher's Credit
Union to St. Joseph Street;
Jefferson Boulevard from
Leighton Garage Entrance
to St. Joseph Street
TABLE SIDEWALK SALE PERMIT APPLICATION
Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Sale Permit
application:
APPLICANT: North Systems Technology
BUSINESS ADDRESS: 321 South Main Street
DATES OF SALE: Mondays through Saturdays; 12:00 p.m. to 6:00 p.m.
GOODS TO BE SOLD: Sale of Computers, Tools, Furniture, Etc.
REGULAR MEETING JULY,9, 2013 212
The Board discussed the process for allowing a continual sidewalk sale. Ms. Greene stated this
would need further review and suggested the Board table the request. Mr. Gilot stated he would
like to forward the request to Downtown South Bend for their recommendation and to help
develop a policy on sidewalk sales. He suggested they may want to regulate the types of products
being sold and the length of time these businesses can operate. Mr. Neal suggested the Board set
a deadline for the Board to place this request on the agenda after further review. Therefore, Mr.
Neal made a motion that the Sidewalk Sale Permit Application be tabled until September 30,
2013, for further review. Mr. Relos seconded the motion which carried.
SPECIAL PERMIT ---- OPERATE LONG COMBINATION VEHICLES TO AND FROM THE
INDIANA TOLL ROAD — OLD DOMINION FREIGHT LINES INC.
Mr. Gilot stated a Permit to Operate Long Combination Vehicles to and from the Indiana Toll
Road has been submitted to the Board for approval by Old Dominion Freight Lines, Inc., 3825
William Richardson Drive for ingress and egress from William Richardson Drive to Ralph Jones
Drive, west on Cleveland Road, south to St. Joseph Valley Parkway, to the Toll Road Exit No.
72, south Bend West Gate, and reverse. Mr. Gilot noted the annual permit has received favorable
recommendation from the Engineering Division. Upon a motion made by Mr. Mecham,
seconded by Mr. Neal and carried, the Triple Trailer Permit was approved subject to Engineering
review of the pavement on the route.
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
$360,486.80
07/03/2013
City of South Bend
$343.00
07/05/2013
City of South Bend
$989,318.97
07/09/2013
City of South Bend
$4,837,129.75
07/05/2013
t neretore, Mr. Neal made a motion that after review of the expenditures, the claims be approved
as submitted. Mr. Mecham seconded the motion, which carried.
PRIVILEGE OF THE FLOOR
Ms. Kathleen Pettijean, Greening the Bend, thanked the Board for its approval of the MS4
Division to underwrite a rain barrel for Greening the Bend's auction/fundraiser. She stated she
painted the barrel herself and designed it for the MS4. She requested to take a picture of the rain
barrel with the Board members.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Neal and carried, the meeting adjourned at 10:41 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Relos, Member
Michael Mecham, Member
Mark Neal, Member
Li da M. Martin, Clerk