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Home My WebLink About09/24/13 Board of Public Works MinutesAGENDA REVIEW SESSION SEPTEMBER 19 2013 273 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on Thursday, September 19, 2013, by Board President Mr. 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. APPROVAL OF AGREEMENTS/CON'1RACTS,q'ROPOSALS.iADDENE)A The following Proposal was auhm;rred to rh, la--i r _ ,....., -1. TypBusiness Description Amount/ Motion/ FundingSecond rfesssisonad Christopher B. Crooked Ewe Sidewalk $9,500.00 Roos/Mecham Burke Project—ProjectNo.113- (AEDATIF) Engineering, 041 LLC Board members discussed the following agenda items; - Traffic Control Device Installation— Wayfinding Signs Mr. Steven Donndelinger, and Ms. Mary Krisch from St. Jude's School and Church stated they are requesting to place twelve (12) wayfrnding signs for the church and school to improve visibility. Ms. Krisch stated they are off the beaten path and work on the bypass makes it more difficult for people to find their facility. She stated they are working with Frost Signs on the placement. Mr. Jerry Frost, frost Signs noted the signs are the same size as speed limit sips and will sit back 100' from the intersection. He added they did a similar project with Iloly Cross School. Mr. Gilot asked if they are proposing to fund the installation and noted they will need to meet traffic and street sign guidelines. Mr. Donndelinger stated they would be funding the installation and the cost of the signs. He added they put a lot of effort into making sure the signs meet the traffic and sign regulations. Mr. Gilol questioned if they made an effort to limit the number, noting this seems excessive. Mr. Donndelinger stated [hey didn't want to target only the south side. Ile noted they have seen more growth north of Ireland Rd and east of Miami in recent years and they want to attract more people to the school. Mr. Gilot noted that because there is a graphic and logo incorporated into the sign, they look more like advertising signs; he reminded them they don't want to cross into advertising. Ms. Greene stated that is the concern- you've opened the door for other organizations to request advertising throughout the City. She noted there is a distinct difference in wayfrndcr signs and advertising, and suggested they work with Traffic and Lighting on the distinction. She added they also need to confirm these are on the public right-of-way. Ms. Greene asked if the Board determined the size and location is acceptable, would they be okay with changing the graphic. Ms. Krisch stated they would be okay with that. Mr. Eric Horvath, Public Works Director, stated the other issue is ,you probably want these in the vicinity of the school: people use GPS systems to find anything now. Ms. Krisch stated U.S. 31 is going to affect that system as it continually changes. Ms. Greene stated generally with this kind of thing, a revocable license would be appropriate. Mr. Gilot stated we'll make a decision on Tuesday and between now and then Public Works will give us a recommendation. Ms. Roos noted one thing we need addressed is the logo; you need to take a look at that. Ms. Greene noted the Board has to know what they are approving so they need to see a design that meets the requirements and takes it away from a marketing and advertising design to a wayfinding sign. The Board members asked for a representative to come back to Tuesday's Board meeting with an update. - Permit —Sidewalk Sale Mr. Aaron Perri, Downtown South Bend, stated he was here to talk about establishing a policy for outside displays by businesses downtown. Ile stated what he has done is researched policy for sidewalk use in other cities. He noted Downtown South Bend (D'FSB) would like to encourage it as long as safety codes and standards are met. Mr. Perri stated he went through regulations he would like to see in place and put together suggestions on the creation of a policy. Mr. Perri suggested it could go through the Board or be referred to DTSB to oversee; however the Board would want to proceed. Ms. Greene stated this Board would be the approval board with the legal oversight of the public right-of-way, but they could give authority to DTSB for recommendation and control. Mr. Perri stated that as he looked through these, there are some concerns he saw, especially regarding the potential for the sale of food. Ms. Roos suggested that a pilot could be done downtown for 2014 and monitored by DTSB to see how it's going. She noted it could be extended to outside the downtown area if it all goes well. Mr. Perri stated there are limits to what we would allow, and that would be incorporated in the policy. Ms. Greene AGENDA REVIEW SESSION SEPTEMBER 19.2013 274 agreed to draft a policy and review the fee Ordinance. Mr. Perri noted that the items placed out front have to be limited to the type of product you sell in your store Mr. Horvath asked if the Board could table this request for now. He suggested the Board let the applicant know the City is working on a policy. - Change Order — Wastewater Treatment Plant Digester No. 2 Mr. Jacob Mosinski, Environmental Services, stated this Change Order is due to a change in pipe material that decreased the cost. - Resolution No. 54-2013 — Determining the Award of Damages Sustained to Property Located in the City of South Bend, Indiana Mr. Larry Meteiver, Legal Department, stated there are no known owners of this property related to the Fellows Street Corridor project. At this point, he added, the legal descriptions of the adjoining properties don't include this lot. He stated there will be a public hearing and if any of the neighbors claim ownership, it will be dealt with then. - Addendum to Agreement—Physio-Control, Inc. Captain Andy Myer, Fire Department, stated this is a revision of the current agreement. He noted they had one defibrillator go down and it was too expensive to fix. Five (5) of the defibrillators have a contract for inspection only; five (5) others were for inspection and repair. He stated the Fire Department wants to increase the amount to include repair on all deftbrillators. He noted they will also receive twenty (20) new lithium batteries per this agreement. - Business Associate Agreement —Beacon Health Systems Mr. Andy Myer, Fire Department, stated their initial agreement for exchange of billing information was with Memorial Health Systems. I1 has now changed to Beacon Health Systems. The goal of this electronic information sharing system is to expedite the time the paramedics are at the hospital by going to a totally paperless report. Currently, he noted, the paramedics type their report in and print it out. A fully electronic system will be more secure and less time consuming. Ms. Grcenc stated the real reason for this agreement is due to new HIPAA laws coming into effect in the next months. She noted that all of these agreements are being updated to meet the new requirements. - Resolution No. 50-2013 — Concerning Disposition of Fixed Assets with a Net Book Value of Less than $10,000.00 Ms. Greene stated the purpose of this Resolution is to allow Administration and Finance to remove fixed assets valued at less than $10,000.00 front the asset register. She noted the IRS has created a new threshold of $10.000.00 for any property to be placed on the asset register. Mr. Cecil Eastman, Administration and Finance, agreed and stated they would still own the assets, it was just not necessary to include them in the asset register any longer. - Professional Services Contract Extension— EmNet, LLC Mr. Patrick Henthom, Engineering, stated there is a need to extend this contract for further sewer flow and rain collection monitoring, due to no rain this year No other business came before the Board. The meeting adjourned at 11:57 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Mmhael C. ecriam, Member David P. Relos, Member Kathryn E. Roos, Member /bark W. Neal, Member Linda M. Martin, Cle k REGULAR MEETTNG SEPTEMBER 24.2013 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, September 24, 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 joined the meeting in progress at 939 a.m. Also present was Board Attorney Cheryl Greene. RFGULAR MEETING SEPTEMBER 24. 2013 275 CHANGES TO THE AGENDA Mr. Gilot noted a change to Item No. 9D, a Professional Services Agreement for Jonathon Geels. He stated the amount should be corrected from $16,120.00 to $12,500.00, and the account should be 202.0616, not 0606. He stated he has also been requested to move item No. 2B before No. 2A, under opening of bids. APPROVE MINUTES OF PREVIOUS MEETING_. Upon a rnodon made by Mr. Neal, seconded by Mr. Mecham and carried, the Minutes of the Agenda Review Session on September 5, 2013, the Regular Meeting on September 10. 2013 and the Claims Review Meeting on September 17, 2013, were approved. OPENING OF BIDS — REMOVAL AND DISPOSAL OF _PCB -CONTAMINATED F,OUIPMENT FROM IVY'fOWF.R—PROJECTNO. 113-026 (AEDA TIF) 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: TCI OF ALABAMA, LLC 101 Parkway East Pell City, Alabama 35125 Bid was signed by: George Jackson Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, 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 not submitted BID: $160,000,00 Ms. Greene stated there was no bid bond included in TCI's bid. She stated they would need to provide proof that they purchased one prior to submitting their bid for their bid to be found responsive. She noted based on Indiana Statute, if they could not forward proof of a bid bond purchased, Community Investment can go to the open market for this work. Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bid was referred to mEngineering and Community Investment for review and recommendation. OPF,NING OF BIDS — LEAD BASED PAINT REMOVAL AND ASBESTOS REMEDIAI'ION FORIVY'TOWER—PROJECTN0.113-o31 (AF,DATIF) - 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: ENVIRONMENTAL ASSURANCE. COMPANY INC. 440 S. Hancock Street Indianapolis, Indiana 46222 Bid was signed by: Ronald Yazel Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Five percent (5%) Bid Bond was submitted BID: Item No. Description Quantity l7mt Price Total Amount Removal, Management, and Disposal of 1 Lead -based Paint in accordance with 1 Lump Sum $5,746,000.00 Contract Documents and Specifications REGULAR MF.ETING SEPTF,MBER24 2013 276 Lead Monitoring— including all air and 2 wipe sampling, testing, and reporting I Lump Sum S15,000.00 during abatement and clearance. 3 Alternate #1-Eneapsulationof Lead- Based Paint in lieu of removal (-50,000) Square Foot $20,000.00 Removal, Management, and Disposal of '. Regulated Asbestos -containing Materials 4 (including materials within pits, tunnels, I Lump Sum $180,000.00 basements, vaults and chases) in accordance with Contract Documents and Specifications Removal, Management, and Disposal of 5 Asbestos -containing Floor Tile and Mastic 2000 Square Foot $5,000.00 in accordance with Contract Documents and Specifications Asbestos Air Monitoring including all 6 sampling, testing, and reporting during 1 Lump Stun $9,000.00 abatement and clearance. 'IO'1'AL AMOUNTITEMS 1 '1'HRU 6 $5,975,000.00 INTERSTATE ENVIRONMENTAL SERVICES, INC. 337 West 806 North Valparaiso, Indiana 46385 Bid was signed by: David G. Schutkovske Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Five percent (5%) Bid Bond was submitted BID: Item No. Description Quantity Unit Price Total Amount Removal, Management, and Disposal of 1 Lcad-based Paint in accordance with 1 Lump Sum $4,951.500.00 Contract Documents and Specifications Lead Monitoring —including all air and 2 wipe sampling, testing, and reporting 1 Lump Senn $250,000.00 during abatement and clearance. Alternate 41 - Encapsulation of Lead - Based Paint in lieu of removal (-50,000) Square Foot N/A Removal, Management, and Disposal of _ Regulated Asbestos -containing Materials 4 (including materials within pits, tunnels, basements, vaults and chases) in 1 Lump Sum $650,000.00 accordance with Contract Documents and Specifications 5 Removal, Management, and Disposal of Zo00 Square Foot S3,500.00 REGULAR MEETINCr SLPTEMBER 24.2013 277 Asbestos -containing Floor Tile and - ---- Mastic in accordance with Contract Documents and Specifications Asbestos Air Monitoring including all - 6 sampling, testing, and reporting during 1 Lump Sum $100,000.00 abatement and clearance. AL AMOUN I ITEMS 1 TIIRU 6 $5,955,000.00 DORE & ASSOCIATES CONTRACTING INC. 900 Harry S. Truman Parkwav Bay City, Michigan 48706 Bid was signed by: Arthur M. Dore Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment ployent Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Five percent (5%) Bid Bond was submitted BID: Item - No. Description Quantity Unit Price Total Amount Removal, Management, and Disposal of 1 Lead -based Paint in accordance with 1 Lump Sum $4,320,100.00 Contract Documents and Specifications Lead Monitoring — including -all air and -- 2 wipe sampling, testing, and reporting 1 Lump Sum $74,200.00 during abatement and clearance. 3 Alternate #1 - Encapsulation of Lead- - - Based Paint in lieu of removal (-50,000) Square Foot ($100,000,00) Removal, Management, and Disposal of- Regulated Asbestos -containing 4 Materials (including materials within pits, tunnels, basements, vaults and chases) 1 Lump Sum $232,600.00 in accordance with Contract Documents and Specifications Removal, Management, and Disposal of -- -- 6 Asbestos -containing Floor Tile and Mastic in accordance with Contract 2000 Square Foot $6,000.00 Documents and Specifications Asbestos Air Monitoring including all --- -- 6 sampling, testing, and reporting during 1 Lump Sum $19,70 000 abatement and clearance. TnTAI 0Uni miT ITC11C , T - - - $4,552,600, 00 ENVIRONMENTAL MANAGEMFNT SPECIALISTS INC. 2409 Hunter Street, P.O. Box 39 Huntermwn, Indiana 46748 Bid was signed by: William R. Papaik Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Nan -Discrimination REGULAR MEETING SEPTENIBF 224, 2013 278 Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Five percent (5%) Bid Bond was submitted BID: item - Total Description Quantity, Unit Price No. Amount Removal, Management, and Disposal of 1 Lead -based Paint in accordance with I Lump Sum $1300,000.00 Contract Documents and Specifications Lead Monitoring — including all air and 2 wipe sampling, testing, and reporting 1 Lump Sum $35,000.00 during abatement and clearance. 3 Alternate 41 - Encapsulation of Lead- (-501000) Square Foot $0.50 Based Paint in lieu of removal Removal, Management, and Disposal of Regulated Asbestos -containing Materials 4 (including materials within pits, tunnels, I Lump Sum $640,000.00 basements, vaults and chases) in accordance with Contract Documents and Specifications Removal, Management, and Disposaf of 5 Asbestos -containing Floor Tile and Mastic in accordance with Contract 2000 Square Foot $450 Documents and Specifications Asbestos Air Monitoring including all 6 sampling, testing, and reporting during 1 Lump Sum $25,000.00 abatement and clearance. I U I AL AMU U N I I ISMS 1I H R II 6 $2,000,000.00 It was noted that the acknowledgement for Addendum No. 1 was not included in the sealed bid from Dore & Associates Contracting, Inc. Upon a motion made by Mr. Mecham, seconded by Nor. Relos and carried, the above bids were referred to Community Investment and Engineering for review and recommendation. OPENING OF BIDS — ONE (11, OR MORE- 2013 OR NEWER ASPHALT HOTBOX (2014 STREET DEPARTMENT CAPITAL BUDGET) 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 '1'ri- County News, which were found to be sufficient. The following bids were opened and publicly read: \MID -STATE, TRUCK EQUIPMENT 11020 Allisonville Road Fishers, Indiana 46038 Bid was signed by: Josh Kunze Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, 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 REGULAR MLETING SEPTEMBFR 24 2013 279 a 1100 Est. Oty. Item Manufacturer Unit Price t KM8000TEPD K-M Int. $29,705.00 Option# Description Cost Total 1 Electric backup heat for indoor use. $3,800.D0 $33,,905.00 BROWN F,OUIPMENT CO INC PO Box 9799 Fort Wayne, Indiana 46899-9799 Bid was signed by: Douglas W. Brown Contractor's Nun -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of united States Steel Products or Foundry Products was submitted Ten percent 10% Bid Bond was submitted BID: Est. Oty Item Manufacturer Unit Price 1 I Asphalt Hot Box Spaulding Mfg. $23,356.00 Option# Description Cost Total 1 Electric backup heat for indoor use. $1,600.0o S1,600.00 Total Including Option $2, ,956.00 W.A. JONES TRUCK BODIES & EQUIPMENT 1171 S. Williams Drive Columbia City, Indiana 46725 Bid was signed by: Denny McIntyre Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility verificatiou, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted Indiana Local Business Preference Claim was submitted Ten percent 10% Bid Bond was submitted I. 2 Est. Oh, Item ManufacturJ$22 Unit Price 1 2013 Asphalt Hot Box Falcon , 982.00 Option# Description Cost Total 1 -- Electric backup heat for indoor use. $1,960.00 $24,9470D REGULAR MEETING SEPTEMBER 24, 2013 280 t:pon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bids were referred to the Street Department and Central Services for review and recommendation. APPROVE WAYFINDNG SIGNS — ST. JUDF, CATHOLIC SCHOOL Mr. Gilot stated to accommodate visitors he would move this item up on the agenda. Mr. Steven Donndelinger, St. Jude's Catholic School, informed the Board that they have reduced the number of signs previously requested, based on the Board's request, from twelve (12) to four (4). Mr. Meclrum stated they need to limit these types of signs due to sixty -some schools and churches of this sort. He noted if they all placed multiples signs, as requested by St. Jude's, it would be a traffic hazard; they have been shown to cause accidents because they are a distraction to drivers. Mr. Donndelinger asked the Board if they would allow four (4) signs. Mr. Gilot stated the process is the Board ratifies the traffic engineer's recommendations on traffic signage, and the detail is wider the review of the city engineer by Ordinance. The Board authorizes the city engineer to work out the details. Mr. Mecham stated he approves of the newly designed white lettering on green background signs presented by the petitioners, with the addition of an arrow pointing out the direction to the chureb. He sorted he would only approve three locations of the church's choice. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the Board approved the placing of three wayfrnding signs of the design approved by Mr. Mecham, City Engineer, with the petitioner to come back to the Board for approval of the locations they deem appropriate. AWARD QUOTATION — PARKING GARAGE SIGNAGE — PROJECT NO. 113-016 (MAN STREET GARAGE, ITIGHTON GARAGE. W'AYNE STREET GAIUIGE) Mr. John Engstrom, Engineering, advised the Board that on August 13, 2013, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Engstrom recommended that the Board award the contract to the lowest responsive and responsible bidder, US Signeraflcrs, Inc., 216 Lincoln Way Fast, Osceola, Indiana 46561. in the amount of $50,000.00. Therefore, Mr. Mecham made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Neal seconded the motion, which carried. APPROVE CHANGE ORDER NO. I — WASTEWATER TREATMENT PLANT DIGESTER NO. 2 UPGRADE AND DIGESTER GAS CLEANING — PROJECT NO. 111-029 (WASTEWATERO&M/2011 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. I on behalf of Grand River Construction, Inc., PO Box 323, 5025 40" Avenue, Hudsonville, Michigan 49426, indicating the contract amount be decreased by $1,000.00 for a modified contract sum, including this Change Order, in the amount of $5,597,800.00. Upon a motion made by Mr. Relos, seconded by Mr. Mecham and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — CF,NTURY CENTER WEST ENTRANCE IMPROVEMENTS —PROJECT NO. 112-067 (DOWNTOWN TIE) Mr. Gilot advised that Mr. 'Joy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, Indiana 46628. for the above referenced project, indicating a final cost of $161,635.00. Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — MEMORIAL HOSPITAL FACADE — PROJECT NO. 112-018 (MEDICAL TIE Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of IIolladay Construction Group, 227 South Main Street, Suite 200, South Bend, Indiana 46601, for the above referenced project, indicating a final cost of $872,720.00, Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the Project Completion Affidavit was approved. APPROVE SUBSTANTIAL COMPLETION CERTTFICATE — SKYWAY PLAZA BUILDING WINDOW REPLACEMENT —PROJECT NO. 112-043 (MEDICAL'I IF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Substantial Completion Certificate on behalf of Gibson -Lewis. LLC, 1001 West I I" Street, Mishawaka, Indiana 46544, for the above referenced project. The date of Substantial Completion is August 31, 2013. Upon a REGULAR MEETING SEPTEMBER24.2013 281 motion made by Mr. Relos, seconded by Ms. Roos and carried, the Substantial Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — SALE OF CITY -OWNED PROPERTY— 12191IOWARD STREET In a memorandum to the Board, Ms. Debra Jennings, Community Investment, requested permission to advertise for the receipt of bids for the above referenced property. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the above request was approved. APPROVAi; OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS —SAGE ROAD AND POPPY ROAD LIFT STATION MODIFICATIONS — PROTECT NO. 113-039 LENVIRONMENTAL SERVICES/CONTRACfUM SERVICES OTHER) In a memorandum to the Board, Mr. Jacob Klosinski, Environmental Services, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Neal and carried, the above request was approved. ADOPT RESOLUTION NO 53-2013 — 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 Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 53-2013 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: TWO (2) OLYMPIA ES 95 ELECTRIC TYPEWRITERS 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 PP 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. ADOP"FED this 24th day of SEPTEMBER 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos si Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO 54-2013 — A RESOLUTION OF THE CITY OF SOUTH BEND_ BOARD OF PUBLIC WORKS DETER_bIiNING AN AWARD OP DAMAGES SUSTAINED 10 PROPERTY DUE TO ACQUISITION OT TEMPORARY IN"fEREST REGULAR MEETING SEPTEMBER 24 2013 282 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..54-2013 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS DETERMINING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND, INDIANA, DUE TO THE ACQUISITION OF A TEMPORARY INTEREST (Fellows Street Corridor Improvement Project) WIIEREAS, on September 10, 2013, the Board of Public Works of the City of South Bend, Indiana (the "Board") adopted Resolution No. 51-2013, entitled "A Resolution Of The City Of South Bend Board Of Public Works Confirming Acquisition Of A Temporary Interest In Property In The City Of South Bend, Indiana (Fellows Street Corridor Improvement Project)" which confirmed the Board's intent and desire to acquire a temporary interest in property described in Exhibit `A" (the "Property"), said Exhibit being attached hereto and incorporated herein and which Resolution was conclusive as to all persons; and WHEREAS, Resolution No. 51-2013, further directed the Staff to prepare a list of all the property owners or holders of the Property, and of interests in it, sought to be acquired or to be injuriously affected by the resolution and to file such list with the Board for further consideration as to the damages, if any, and the benefits, if any, resulting to such owners or holders by reason of the appropriation as by law provided: and WHEREAS, the Staff prepared and tiled with the Board a report as directed by Resolution No. 51-2013, setting forth the fair market value of the Temporary Interest acquired in said Property as indicated in the form attached hereto as Exhibit "B''. and WHEREAS, the Board has considered the Stall's report and finds that the amount of damages as indicated should be paid to such owner or holder of the Property as may be shown on account of the Board's acquisition of the Property; and NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: 1. The Board now awards damages sustained to such owner or holder as may be shown of the Property in the amounts specified in Exhibit "B" on account of the Board's acquisition of a temporary interest in the Property situated in St. Joseph County, Stale of Indiana. 2. The Staff of the Board is authorized and directed to cause written notices of this Resolution to be served upon the individuals who may claim an interest in the Property showing the amount of the damages awarded herein and setting this Resolution for further consideration on October 22, 2013, at 9:30 am. in Room 1308, County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana, at which time and place the Board will receive or hear remonstrances from persons with regard to their respective awards, if any, and take final action sustaining or modifying the awards established in this Resolution. 3. Persons disagreeing with the awards made herein must file a remonstrance in writing on or before 9:00 a.m. on October 22, 2013. 4. In the absence of a written remonstrance, the Board shall confirm and sustain the awards as specified herein. 5. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on September 24, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. REGULAR MEE'1'1NG SEPTEMBER 24 2013 293 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Cary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M, Martin, Clerk ADOPT RESOLUTION NO. 50-2013 — A RESOLCTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND. 1NlllAN4, CONCERNING DISPOSITION OF FIXED ASSETS WITH A NET BOOK VALUE OF LESS THAN $10.000 ASSOCIATED WITH'THE FIXED ASSET PROJECT Upon a motion made by Mr. Neal, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 50-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, MDIANA CONCERNING DISPOSITION OF FIXED ASSETS WITH A NET BOOK VALUE OF LESS THAN S10,000 ASSOCIATED WITH THE FIXED ASSET PROJECT WHEREAS, on October 18, 2001 the Board of Public Works ("Board") adopted its Resolution No. 61-2001 establishing various accounting and inventory policies and practices; and WHEREAS, the policy adopted by the Board pursuant to Resolution No. 61-2001 includes the requirement of a periodic inventory of all fixed. movable and infrastructure assets, which inventory must be reconciled to the inventory maintained by the City Controller, and any discrepancies to be reported to the City Controller; and WHEREAS, the Indiana State Board of Accounts ("SBOA") is an agency of the executive branch of the State of Indiana charged with auditing the financial statements of all governmental units within the State, including the financial statements prepared by the City of South Bend; and WHEREAS, incidental to the financial reporting required by SBOA, the Department of Administration and Finance tinder the direction of the City Controller prepares a Comprehensive Annual Financial Report ("CAFR' ), a report which includes, among other things, reporting associated with the City's inventory of assets; and WHEREAS, at the direction of the City Controller, the Department of Administration and Finance has undertaken the Fixed Asset Project to, among other things, reconcile any discrepancies associated with the City's actual fixed, movable and infrastructure assets on hand as compared to those noted on the City's NaviLine system and as reported in CAFR; and WHEREAS, the minimum capitalization threshold changed on January L 2013, and the State Board of Accounts has concurred that assets which fall below the threshold level of a net book value of $10,000 which remain in the City's possession may be removed from the City's Asset Register; and WHEREAS, the City Controller has caused to be prepared a report dated August 27, 2013 ("Report") which lists those capital assets in the City's possession having a net book value of less than $10,000 which sum is below the January 1, 2013 capitalization threshold, which Report is attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE,, BE IT RESOLVED b3 the Board of Public Works for the City of South Bend, Indiana as follows: REGULAR MEETING SEPTEMBER 24.2013 284 Section 1. The Report, dated August 277 2013 in the form presented to the Board on September 24, 2013, 2010 as Exhibit "A" to this resolution is hereby accepted in its entirety and the assets listed on the Report may be removed from the City's Asset Register. Section 2. 'The Report dated August 27, 2013 shall be maintained at the direction of the City Controller through the Department of Administration and Finance, and a copy shall be kept on file with the Board. Section 3 The Secretary of the Board is instructed to include a copy of the Report dated August 27, 2013 with the minutes of this meeting. Section 4 This Resolution shall be in full force and effect upon its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works held on September 24, 2013 at 227 West Jefferson, Room 1308, County -City Building, South Bend; Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s.! Gary A. Gilot V David P. Relos s/ Kathryn E. Roos s%Michael C. Mecham s/ Mark W. Neal A'ITES'1': s/Linda M. MartirL. Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreemenls/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Funding Second Conscntto R.W. Armstrong R.W.Annstrong& N,,A Mecham/ Assignment of & Associates, Associates, Inc., Neal Contracts Inc., to CHA merged with CHA Consulting, Inc. Consulting, Inc., on June 14, 2012. All contract assignments are being transferred to CHA Consulting, Inc. Contract Border Extend Contract S570,000.00 Roos/Neal Extension Energy/NIPSCO Pricing to Allow for (+/- Depending Hedging of the Price of on Weather) Natural Gas (Energy Office) City of South City of South Proposed Sewer N/A TA BendBend Sewer Bend Sewer Insurance Policy to Gilot/Roos Insurance Department Establish Internal Rules Pending Program and Rules for Review by Policy Qualifying for the List: Board and Request for Members Exemption to Policy for Change to Advertising Dates Professional Jonathan Geels Contract Services for $31.00" hour/ Roos/Mecham Services the Energy Office for NTE Contract Remainder of 2013 $12,500.00 Second 1 Professional EmNcL LLC Extend Sewer Flow and $9,73f 00 Roos/Mecham REGULAR MEETING SEPTEMBER 24, 2013 285 Services Contract Extension Rain Collection System Monitoring Model I Jpdate to November 2013 (Sewer Bonds) Proposal for SunTrust 2013 Lease Financing $1,506,465.26., Lease Equipment for City Vehicles Ten Semi - Neal/Mecham Financing Finance and Annual Leasing Corp. Payments of $157,290.57 beginning 4/24/2014 (Project Releaf Fund 655. COIT Fund 404, Solid Waste Fund 610, MVH Fund 202; Principal and Interest Accounts through Addendum to Physio-Control, _ hicrcase Szrvice to _ l0/24/2018) Increase of Roos/Mecham Agreement Inc. Five Defibrillators to $5,648.65; include Inspection and New "Total Repair —Ol/O1i2013 $19.248.65 through 12/31/2014 (Fire Operating Supplies/Medi /Safety Business Beacon I-lealth Associate System Exchange of BillinNo Information; Cost Roos,Mecham Agreement Ambulance Run TStar Reports; Previously Memorial Hospital Web APPROVAL OF PERMITS/LICENSES The following street elnco.ec any , - Applicant -_-...._., _ ..,,.,, y..,,,...,". wi uppuvaL Description Date/Time Location Motion Kristen Garcia Residential September 28, Kentucky Street from Carried Meeharn/Relos Block Party — 2013; 10:00 Jefferson Boulevard to Ministry a.m. to 3:00 the Cul-de-Sac South of Outreach p.m. i the Intersection TABLE SIDFWALK SALF PERMIT APPLICATION Mr. Gilot indicated that the Board is in receipt of the following Sidewalk Sale Permit application: APPLICANT: North Systems Technology BUSINESS ADDRESS: 301 South Lafayette Boulevard DA'IES/TIMES OF SALE: Mondays through Saturdays; 9:00 a.m. to 6:00 p.m. GOODS TO BE SOLD: Computers, tools, furniture, etc. The Board acknowledged that Community Investment needs to work with Downtown South Bend on a permanent policy regarding the sale oC items in front of a business. Mc Gilot made a motion that the Sidewalk Sale Permit Application be tabled until a policy can be set in place. Ms. Roos seconded the motion which carried. REGULAR MEETING SEPTEMBER 24, 2013 286 SPFCiAT, PFRMIT TO OPERATE LONG COMBINATION VEHICLES TO AND FROM TIIE INDIANA TOLL ROAD TO 1530 SOUTH OLIVE STREET— COI�NJAY FREIGHT 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 Conway Freight, 1530 South Olive Street, for ingress and egress from the Toll Road. Mr. Gilot noted the permit has received favorable recommendation from the Engineering Division. Upon a motion made by Mr. Relos, seconded by Mr. Mecham and carried, the Triple Trailer Permit was approved. APPROVAL OF LONG-TERM OCCUPANCY PERMIT — BURNS AVENUE NORTH OF NAPOLEON TO EDDY STREET PARKING GARAGE, FA PRANCE Mr. Tony Molnar, Engineering, advised that the Board is in receipt of a Long -Term Occupancy Permit application from Highline US, LLC, 11057 Allisonville Road, Suite 207, Fishers, Indiana 46038, for occupancy of the right of way at Burns Avenue north of Napoleon to Eddy Street parking garage entrance for the purpose of lift equipment, materials and scaffolding. The completion date of this permit is set for May 30, 2014, Upon a motion made by Mr. Relos, seconded by Mr. Mecham, and carried, the Permit was approved and the Board approved the City Engineer to set the bond amount. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — 115 WEST COLFAX AVENUE Mr. Gilot stated a Revocable Permit has been received from US Signcrafters, Inc., on behalf of LaSalle Grill, 115 West Colfax Avenue. South Bend, Indiana 46601, for the purpose of the installation of two signs on the building at 115 West Colfax Avenue. 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. Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the Revocable Pennit was approved. TABLE REQUEST TO VACATE THE BAST/WEST ALLEY FROM MICHIGAN TO THE FIRS NORTRSOUTII ALLEY BETWEEN CALVERT AND DAYTON Mr. Gilot indicated that Mr. Jeffery Logan, 1825 South Michigan Street, South Bend, Indiana 46614, 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. Engineering stated the applicant must maintain utility easements. Community Investment states the applicant must be reminded they will only get half of the vacated alley and it may not alleviate the security issues. Therefore, Ms. Roos made a motion recommending the request for the vacation be tabled until a policy for loading trash in the rear or the front of residences is established. Mr. Mecham seconded the motion which carried. UNFAVORABLE RECOMMENDATION - REQUEST TO VACATE THE EAST,rWEST ALLEY GOING EAST FROM HARRIS TO THE FIRST NORTHISOUTH ALLEY BETWEEN HURON AND THE RAILROAD TRACKS Mr. Gilot indicated that Mr. Robert Baranowski, 516 Harris Street, South Bend, Indiana 46619, has submitted a request to vacate the above referenced alley for security purposes. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, and favorable recommendations from the Police Department, Fire Department, Solid Waste, Conununity 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 hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous; the properties along both Harris and Walnut Streets use the alley for access- to the properties. Vacating this portion would create a dead-end alley that would make use of the public way difficult. Community Investment stated the vacation would REGULAR MEETING SEPTEMBER 24. 2013 287 leave a north/south alley stub (the nearby alley east to Walnut is a paper alley) but if service provision still works without this alley, approval is recommended. Therefore, Mr. Relos made a motion recommending denial of the request for the vacation based on the review by Area Plan that the requested location may hinder the use of a public right-of-way, criteria set forth in I.C. 36-7-3-13(4). Ms. Roos seconded the motion which carried. UNFAVORABLE RFCOMMENDATION -REQUEST TO VACATE THE NORTH/SOUTH ALLEY FROM JFFFERSON BOULEVARD TO NAPIER S'FRF,ET WEST OF CHESTiNUT STREET: 2) THE EAST'WEST ALLEY WEST FROM _CHESTNUT STREET TO THE SECOND NORTH/SOUTH ALLEY BETWEEN TEFFERSON BOULEVARD AND NAPIER STREET: 3l THE SECOND NORTIL'SOUFH ALLEY SOUTH FROM 7EFFERSON BOULEVARD TO TIIE FIRST FAST/WEST ALf.EY WEST OF CIESTNUT STREET Mr. Gilot indicated that Scorpio Properties, 855 Taft Street, Gary, Indiana 46404, has submitted a request to vacate the above referenced alleys for the purpose of redevelopment of property for residential and commercial uses. Mr. Gilm 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, slid 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 unity Investment stated County property which it is located or to which it is contiguous. Comm records indicate the petitioner does not own 206, 208 or 210 Cherry Street. These properties would be landlocked if Cherry and the alleys were vacated. The Petitioner has had discussions with those owners about acquisition, but does not have control or a formal option on them. If Scorpio gets ownerslup of these properties, approval of the street and alley vacations would be recommended. Nearly all adjoining parcels are vacant and the alleys are overgrown and appear little used. Ms. Roos stated the request cannot be made if the petitioner does not own the properties. Therefore, she made a motion recommending denial of the request for vacation. Mr. Meeham seconded the motion which carried. UNFAVORABLE. RECOMMENDATION - REQUEST TO VACATE THE NORTH/SOUTH ALLEY GONG NORTH_ FROM I'HOMAS STREET TO THEFIRST EAST'/WEST ALLEY BETWF,EN WALNUT STREET AND MAPLE STREET Mr. Gilot indicated that Marlene Stevens, 2217 West Thomas Street, South Bend, Indiana, 46601, has submitted a request to vacate the above referenced alley for security purposes. Mr. Giber advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Solid Waste, Community Investment, and Engineering. Mr. Gilot advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the 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's 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 hinder the use of a public right-of-way by the neighborhood in which it is located or to which it is contiguous; the configuration of the remaining north half alley and the east/west alley may hinder the turning radius especially of larger vehicles like garbage trucks. Engineering stated the applicant must maintain utility easements. The Fire Department stated there are garage structures at the crossing of the alleys and the nearest hydrant is on Thomas Street. Therefore. Ms. Roos made a motion recommending denial of the request for vacation based on the review by Area Plan that the requested location may hinder the use of a public right-of-way, criteria set forth in I.C. 36-7-3-13(4). Mr. Mccham seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Signs LOCATION: 1116 Fast Broadway Street 753 South Gladstone Street 2905 Humboldt Street REGULAR MEETING SEPTEMBER 24, 2013 288 1521 North Adams Street REMARKS: All criteria has been met Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following traffic control devices were approved: REVISION: Two -Way Stop Intersection to Four -Way Stop Intersection LOCATION: Wayne Street North and Sunnyside Avenue; and Wayne Street South and Sutmyside Avenue REMARKS: Meets Indiana Manual on Uniform Traffic Control Devices Requirements; Traffic Counts Done Upon a motion made by Nis. Roos, seconded by Mr. Meehan and carried, the following traffic control device was approved: REVISION: Speed Limit from 30 MPH to 25 MPII LOCATION: Diamond Avenue from Lincoln Way West to Portage Avenue and Angela Boulevard from Portage Avenue to Riverside Drive REMARKS: Engineering Speed Study Completed APPROVE RELEASE OF CERTIFICA1 12 OF INSURANCE Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the release of the Certificate of Insurance for the following business was approved: Back Stage Grill and Club Fever— Fox Release September 15, 2013 RATIFY APPROVAL AND,,OR RELEASE CONTRACTOR BONDS Mr. Anthony Molnar, Division of Engineering recommended that the following Contractor Bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: '. Business Bond Type Approved/ Released Effective Date P&A Concrete Contractor Approved September 5, 2013 August 21, 2013 Rochester Building Service Contractor Release Incorporated Ms. Roos made a motion that the Bonds approval and/or release as outlined above be ratified. Mr. Mecham 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. Tame Amount of Claim Date City of South Bend $829,411.48 09/17/2013 City of South Bend 52,930,576.88 09/24/2013 St. Joseph County Housing Consortium $3,942.16 09/04/2013 Therefore, Mr. Neal made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Mecham seconded the motion, which carried. ADJOURNMENT_ There being no further business to come before the Board, upon a motion made by Mr. Mechem, seconded by Ms. Roos and carried, the meeting adjourned at 10:37 a.m. BOARD OF PUBLIC WORKS REGULAR MEEET[NO Gary A. Gilot, President David P. Relos, Member Kathryn Roos, Member SEPTEMBER 24, 2013 289 L� Mi ael Mecharn. Member Mark Ncal, Member Lin a M. Martin, Clerk