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HomeMy WebLinkAbout10/08/13 Board of Public Works MinutesAGENDA REVIEW SESSION OCTOBER 3 2013 292 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, October 3, 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. 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 AGREEMENT/CONTRACT/PROPOSAL/ADDENDA The following Agreement was submitted to the Board for approval: Type Business Description Motion/ Second Agreement St, John- Drilling within the Public Right -of -Way for Gilot/Mecham Authorizing Mittelhauser a Probe of Soil and Water Samples and/or Subject to Entry upon and Installation of Monitoring Wells. Minimum Follow -Up Public Property Associates of Twenty -Three (23) Locations in the Area Reporting for Drilling of Monarch Laundry along Muessel Grove Purposes and Park, Bulla Street, Adams Street, Brookfield Revocable Street, Wilber Street, California Avenue, Permit for Sancome Avenue, and Related Alleyways Environmental Remediation Purposes ADOPT RESOLUTION NO 56-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA AUTHORIZING THE RE -ZONING OF PROPERTY OWNED BY THE CITY AND APPOINTING AN AUTHORIZED REPRESENTATIVE TO EXECUTE DOCUMENTS NECESSARY TO REZONE PROPERTY. Ms. Lory Timmer, Community Investment, stated the Board of Public Works owns six (6) properties along Portage Avenue that Redevelopment seeks to redevelop. She stated they need to be rezoned and she is requesting the Board President be appointed to execute future documents for the process. Ms. Timmer stated due to funding issues, there are some time constraints in the process. Mr. Mike Danch, Danch Hamer, explained the rezoning request is for both sides of the street, and all the vacant properties need to be PUD zoned. He noted the existing Ford Distribution building will be redeveloped. Mr. Danch stated if they didn't seek the rezoning, they would need approximately forty (40) variances. He noted that two (2) alleys will be improved, subject to the City Engineer's approval of access to the parking lots off of the alley. Mr. Danch stated they will be adjusting some of the parking shown on the map. Mr. Relos asked if they know how these properties were acquired, are there any federal strings attached to the process. Ms. Timmer stated they were acquired on behalf of the Near Northwest steering committee, so there are no federal regulations. Mr. Horvath noted that each unit has less than '/z parking space per unit. Mr. Neal asked what the reaction of the neighborhood is. Ms. Karen Ainsley, Near Northwest Neighborhood, stated they are excited to see redevelopment of these properties that have been vacant so long. Mr. Relos questioned if at this point the neighborhood is aware of the specific plans. Ms. Ainsley stated they will reach out to the neighbors this weekend. Mr. Relos noted this could have a large impact on the neighborhood. Ms. Greene stated one of her concerns is that they don't have enough parking. Mr. Horvath stated this building has been empty for many years and redevelopment is a good thing; but the appropriate redevelopment. He added the neighborhood should be able to weigh in. Mr. Gilot stated he had concerns about the number of homes in this development; it appears they are pushing the density and he wonders how the neighbors will react. Ms. Ainsley stated people want to keep the development the same in the neighborhood, but realize that to keep funding, property development is needed. She added her commitment is to the neighborhood and their feelings will be heard. Ms. Greene asked if the Board would want to delay it until next week to allow for more information. Mr. Gilot stated he has some reservations on the drainage; parking; density; and architectural character. Mr. Danch stated he has talked to Area Plan, and they are working on some of those issues. Ms. Ainsley stated the neighborhood weigh-in will occur in October. Mr. Relos stated this should be reviewed by the neighbors first. Mr. Horvath noted they are asking for authorization for rezoning at this point, not transfer of property. He stated they need get the tax credit and the rezoning, and then they need to come back to the Board for the transfer of the property. Ms. Ainsley agreed and stated that is a good point. She assured the Board if this doesn't meet their standards, they won't proceed. Ms. Greene noted in reading the resolution, it seeks rezoning, and authorization of Mr. AGENDA REVIEW SESSION OCTOBER 3, 2013 293 Gilot to sign the necessary documents, but the Resolution states if its deemed advisable, it will proceed. She noted that Mr. Gilot is a petitioner for the rezoning which is contingent on a number of actions. Ms. Greene added there are two legal issues she sees; past precedence on these types of projects, and mass development; and taking action prior to this being aired out in public. Mr. Danch stated if there was a huge outcry, you can just pull your petition; you are the petitioner. Ms. Ainsley stated she assures the Board that if they put this out organizationally and there is a huge outcry, they will not proceed. Ms. Ainsley added the Near Northwest Neighborhood (NNN) went door-to-door and interviewed one -hundred, thirty (130) residents and this was a specific goal of the action plan the neighbors requested. She added the NNN has been in business thirty (30) years and would never do anything the neighborhood was against. Mr. Gilot stated being there are some time constraints, the Board needs to trust this NNN Board and not delay the process. Upon a motion by Mr. Gilot seconded by Mr. Mecham and carried, with Mr. Relos opposed; the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 56-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE RE -ZONING OF PROPERTY OWNED BY THE CITY AND APPOINTING AN AUTHORIZED REPRESENTATIVE TO EXECUTE DOCUMENTS NECESSARY TO REZONE PROPERTY WHEREAS, pursuant to provisions of I.C. § 36-9-6-3, the South Bend Board of Public Works (the "Board") is the body authorized to have custody of and to maintain all real and personal property of the City of South Bend (the "City"); and WHEREAS, the City is the owner of certain real estate located on Portage Avenue, identified by tax key numbers 018-1059-2488, 018-1059-2489, 018-1059-2490, 018-1059-2491, 018-1059-2492 and 018-1059-2505 (the "Property") in the City; and WHEREAS, the City desires to rezone the Property from its existing zoning to PUD zoning; and WHEREAS, to accomplish the desired re -zoning, certain documents must be signed by a representative of the City and of the Board as administrative functions in the usual course of business; and WHEREAS, due to the in -efficiencies of assembling and constituting the Board for the performance of such administrative functions in the normal and usual course of business, it is desirable that a member of the Board be appointed as the Board's representative to perform such administrative functions on behalf of the Board, including the execution of documents necessarily related to the re -zoning of the Property; and WHEREAS, the President of the Board, Gary Gilot, is an appropriate individual to be appointed as the authorized representative of the Board to execute those documents necessary to accomplish the desired rezoning of the Property and the Board desires to appoint Gary Gilot as its authorized representative for the purposes stated herein. NOW, THEREFORE, BE IT RESOLVED, BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. The Board Works authorizes a change in zoning of the Property to PUD. 2. The Board appoints Gary Gilot, President of the Board, as its authorized representative to execute, on behalf of the Board, all documents which are necessary or advisable in order to accomplish the rezoning of the Property. 3. This Resolution shall be in full force and effect after its adoption. Adopted at the meeting of the City of South Bend, Indiana, Board of Public Works held on October 3, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. AGENDA REVIEW SESSION OCTOBER 3, 2013 294 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Michael C. Mecham s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk TABLE REQUEST TO REJECT BIDS — LEAD BASED PAINT REMOVAL AND ASBESTOS REMEDIATION —PROJECT NO. 113-031 (AEDA TIF) In a memorandum to the Board, Mr. Toy Villa, Engineering, requested permission to reject all bids for the above referenced project. He noted that two bids were non -responsive to the bid specifications and the remaining bids were over budget. Mr. Eric Horvath, Public Works Director, requested the Board table this request to reject bids until Tuesday's Board meeting for further review. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Neal and carried, the above request was tabled. APPROVAL OF REQUEST TO REJECT BIDS — REMOVAL AND DISPOSAL OF PCB TRANSFORMERS AND ELECTRICAL EQUIPMENT AT IVY TOWER — PROJECT NO. 113-026 (AEDA TIF) In a memorandum to the Board, Mr. Toy Villa, Engineering, requested permission to reject the sole bid for the above referenced project as non -responsive due to no bid bond procured or submitted as required by the specifications. Therefore, upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the above request was approved. Board members discussed the following item(s) from the agenda: - Request to Advertise for Bids — Trucking of Organic Resources Material Mr. Matt Chlebowski, Central Services, stated this project is subject to an appropriation by the Common Council. Mr. Eric Horvath, Public Works Director noted this is in relation to the legacy pile at Organic Resources and it will be helpful to know the price to know how much to request. Mr. George King, Purchasing, stated this would be a good project for MBE/WBE participation. Mr. Horvath suggested this be looked at as a divisible bid with inclusion of MBE/WBE contractors. - Award Bids — Jet Rodder/ Vacuum Machine Mr. Matt Chlebowski, Central Services, informed the Board that the low bidder on this bid didn't meet the specifications in thirteen (13) critical categories. He noted they could not provide a vehicle for a test drive either. Mr. Chlebowski stated the specifications require the hose at the rear of the vehicle, but they can't provide that function. He stated the second low bidder didn't meet eight (8) critical areas of the specifications, and noted they don't even produce a rear hose vehicle. Mr. Gilot questioned whether that was a proprietary feature. Mr. Paul South, Director of Streets, stated the front operating hose is a severe noise issue creating hearing loss in employees of the Sewer Department. Mr. Horvath noted they looked at the specifications and significant issues; this is not a proprietary specification, there is just limited competition. Attorney Cheryl Greene noted a health or safety issue to the City and its employees is a legitimate issue for rejection. - Change Order — East Bank Sewer Separation Mr. Toy Villa, Engineering, stated this Change Order is due to an error in the quantities; the wrong number was transferred over by the City's consultant. He stated the City and Consultant tried negotiating with the contractor, but they wouldn't negotiate. Mr. Gilot suggested that in a situation like this, could they check with the Street Department to see if their crew could cover the work to save money. - Amendment to Contract — Carl Walker, Inc. Mr. John Engstrom, Engineering, stated Walker Parking did renovations on floors 4, 5, and 6 of the Main and Colfax Parking Garage in 2004. He noted they removed the floor where it was delaminated and repaired and filled it. Mr. Engstrom stated now Carl Walker, a different company, is asking for exploratory work to decide how many more post tensions are damaged and need repair. Mr. Neal stated he thought the work done in 2004 was a twenty (20) year job. Mr. Gilot agreed that they should stay with the same company that gave a twenty (20) year AGENDA REVIEW SESSION OCTOBER 3, 2013 295 guarantee. Mr. Eric Horvath, Public Works Director, stated Mr. Engstrom should ask Walker Parking to do a review. Mr. Mike Mecham requested this be removed from the agenda. - Traffic Control Devices Mr. Paul South, Street Department, stated he is requesting "No Parking" signs be installed on the north side of Jefferson Boulevard from Niles Avenue to Hill Street. Mr. Eric Horvath, Public Works Director, stated that Community Investment is working on a streetscape design for this area that will allow parking here. He questioned the advisability of placing temporary signs that will need to be removed in the near future. Mr. Neal confirmed with Mr. South that this is currently a safety hazard due to four lane traffic and, with winter coming, a hazard to snow plows. Mr. Horvath stated they would need to notify the owners of the businesses prior to putting up the signs. Mr. South suggested they also work with the owners of the adjacent parking lot to allow customers of the affected business, use of the lot after-hours. - Industrial Wastewater Discharge Permit Ms. Kim Thompson, Environmental Services, stated she is requesting this permit be renewed and the fee waived. She explained the permit is for the former New Energy Corporation and in the last change of ownership they didn't follow protocol and didn't notify the City of the transfer until after the fact. She stated she is requesting the Board therefore waive the fee since it is basically the same permit. She explained that the oversight was on the part of the previous owner. The current owner, Noble Americas, thought they had a permit. Ms. Thompson added that the fee is to cover the administrative cost for permit development and that is already done, so there is no need for the fee. Ms. Thompson noted Nobles Americas has not started to pump water yet and doesn't anticipate starting for several months. She requested the Board approve her memo requesting to waive the fee with their stamp, along with the permit. - Traffic Control Devices Mr. Mike Mecham, Engineering, stated he is requesting a handicapped reserved parking sign be placed in front of the Housing Authority apartment building on Alonzo Watson Drive based on the resident's request. He noted she is handicapped and the parking lot is in back of the building with designated handicapped spaces. Mr. Mecham stated this would give her access to parking in front of her apartment; a shorter distance to walk and less dangerous in the winter. Mr. Gilot suggested this would set a precedent for anybody else desiring reserved handicapped parking when a parking lot is already designated for this. 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 12:17 p.m. BOARD OF PUBLIC WORKS �� ary A. Gilot, President Michael C. Mecham, Member Mark W. Neal, Member da M. Martin, Clerk REGULAR MEETING OCTOBER 8, 2013 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, October 8, 2013, by Board President Gary A. Gilot, with Board Members David P. Relos, Michael C. Mecham and Mark W. Neal present. Board Member Kathryn E. Roos was absent. Also present was Board Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the minutes of the Agenda Review Session on September 19, 2013, the Regular Meeting on September 24, 2013 and the Claims Meeting of the Board held on October 1, 2013, were approved. REGULAR MEETING OCTOBER 8, 2013 296 OPENING OF BIDS — OLIVE WELL FIELD GRANULAR ACTIVATED CARBON RECONDITIONING OR REPLACEMENT — PROJECT NO 113-040 (LOSS RECOVERY) 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. Ms. Martin, Clerk of the Board, stated no bids were received. Ms. Greene stated the Water Department should work with Eric Horvath, Public Works Director, and George King, Purchasing, to obtain quotes on the open market since no bids were received after following the legal bidding process. OPENING OF BIDS — KITCHEN EQUIPMENT, SMALLWARE AND MISCELLANEOUS CATERING EQUIPMENT (CENTURY CENTER CAPITAL) 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. Ms. Greene noted several bidders missing their acknowledgement of Addenda. She stated it would need to be determined if the addenda were material to the bid specifications. She stated the bid contained one -hundred, twenty-eight (128) items, and is a divisible bid. She stated she would therefore read the names of the companies into the record, noting the irregularities. The following bids were opened and the names of the companies read: STANZ CHEESE CO., INC. DBA STANZ FOODSERVICE, INC. 1840 North Commerce Drive South Bend, Indiana 46628 Bid was signed by: Ms. Shirley Geraghty 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 Addendum No. 1 and No. 2 submitted EDWARD DON & COMPANY 9801 Adam Don Parkway Woodridge, IL 60517 Bid was signed by: Mr. Darwin Claude 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 Addendum No. 1 and No. 2 submitted CALICO INDUSTRIES, INC. 9045 Junction Drive Annapolis Junction, Maryland 20701 Bid was signed by: Mr. Michael L. Heverly 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 Addendum No. 1 and No. 2 submitted _SAM TELL & SON, INC. 300 Smith Street Farmingdale, New York 11735 Bid was signed by: Mr. Marc Tell 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 REGULAR MEETING OCTOBER 8 2013 297 Addendum No. 1 submitted STAFFORD SMITH, INC. 1721 N. Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Walt Risler 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 Addendum No. 1 submitted GORDON FOOD SERVICE INC P.O. Box 1787 Grand Rapids, Michigan 49501 Bid was signed by: Mr. Patrick W. Adkins 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 Addendum No. 1 and No. 2 submitted ATLAS RESTAURANT SUPPLY 52245 State Road 933 South Bend, Indiana 46637 Bid was signed by: Mr. Michael Vavul 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 Addendum No. 1 and No. 2 submitted Upon a motion made by Mr. Neal, seconded by Mr. Mecham and carried, the above bids were referred to Century Center and Purchasing for review and recommendation. OPEN AND AWARD OF BIDS — TRAINING BURN PROPS AND VENTILATION SYSTEM FOR SOUTH BEND FIRE DEPARTMENT TRAINING FACILITY — PROJECT NO. I 1I- 017A (EMS CAPITA This was the date set for receiving and opening of sealed bids for the above referenced materials. 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: FIREBLAST GLOBAL 545 Monica Circle Corona, California 92880 Bid was signed by: Ms. Jessica Kuehl 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 Est. No. Qty. Item Manufacturer Unit Price Item 1 1 Exterior Prop Vehicle Prop $41, 605.00 Item 2 Interior Props REGULAR MEETING OCTOBER 8, 2013 298 1 Option 2.1: Stove Fire Training Prop $100,189.00 1 Option 2.2: Bedroom Prop $90,915.00 Item 3 1 Ventilation System $ Included Item 4 1 Rollover/Flashover System $22,685.00 Item 5 1 Total Package of items 1-4 $255,394.43 *Anticipated Delivery Date — 90 to 120 Days from Award KIDDE FIRE TRAINERS, INC. 17 Philips Parkway Montvale, New Jersey 07645 Bid was signed by: Mr. William Lane 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 F."D Item No. Est. Qty. Item Manufacturer Unit Price Item 1 1 Exterior Prop Vehicle Prop Kidde FT $37,967.00 Item 2 Interior Props 1 Option 2.1: Stove Fire Training Prop Kidde FT $255,496.00 1 Option 2.2: Bedroom Prop Kidde FT Included Item 3 1 Ventilation System Kidde FT Included Item 4 1 Rollover/Flashover System Kidde FT Included Item 5 1 Total Package of items 1-4 $293,463.00 PRO -SAFE FIRE TRAINING SYSTEMS, INC. 940 Winston Churchill Boulevard Oakville, Ontario L6J7X5 Bid was signed by: Mr. Gordon Seehaver 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 Item No. Est. Qty. Item Manufacturer Unit Price Item 1 1 Exterior Prop Vehicle Prop Pro -Safe $58,000.00 Item 2 Interior Props 1 Option 2.1: Stove Fire Training Prop Pro -Safe $143,000.00 1 Option 2.2: Bedroom Prop Pro -Safe $43,000.00 Item 3 1 Ventilation System Pro -Safe Included with 2.1 Item 4 1 Rollover/Flashover System Pro -Safe $25,000.00 Item 5 1 Total Package of items 1-4 $269,000.00 BULLEX, INC. 20 Corporate Circle Albany, New York 12205 REGULAR MEETING OCTOBER 8. 2013 299 Bid was signed by: Mr. Andrew G. Schwartz 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 not submitted we Item Est. No. Qty. Item Manufacturer Unit Price Item 1 1 Exterior Prop Vehicle Prop $40,980.00 Item 2 Interior Props $328,899.00* 1 Option 2.1: Stove Fire Training Prop Included 1 Option 2.2: Bedroom Prop Included Item 3 1 Ventilation System Included 1 Rollover/Flashover System pte5� Included 1 Total Package of items 1-4 $369,879.00 Upon a motion made by Mr. Mecham seconded by Mr. Neal and carried, the above bids were referred to the Fire Department for review and recommendation. After review, Fire Chief Stephen Cox and Assistant Chief John Corthier requested the Board award the bid to the lowest responsive and responsible bidder, Fireblast Global, in the amount of $255,394.43. Therefore, Mr. Neal made a motion to award the bid to Fireblast, subject to delivery within the required ninety (90) days. Mr. Relos seconded the motion, which carried. Mr. Gilot noted if they could not meet the delivery requirement, the Fire Department would need to come back to the Board to award the bid to the second lowest bidder. OPENING AND AWARD OF QUOTATIONS — REFURBISH AND MAINTAIN DIAMOND AVENUE STORM SEWER RETENTION AREA ON RIVERSIDE DRIVE — PROJECT NO. 113-036 (SEWERS OTHER CAPITAL) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotation was opened and read: LANDMARK LANDSCAPING 10882 McKinley Highway Osceola, Indiana 46561 Quotation was submitted by Mr. Steve Sollidary BASE BID: $29,048.00 ALTERNATE NO. 1: $2,769.00 ALTERNATE NO. 2: $9,496.00 TOTAL OF BASE BID PLUS ALTERNATES: $41,313.00 Upon a motion made by Mr. Mecham, seconded by Mr. Neal and carried, the above Quotation was referred to the LTCP Manager and Sewer Department for review and recommendation. After review, Mr. Jack Dillon, LTCP Manager, recommended the award of the base bid only to Landmark Landscaping in the amount of $29,048.00, and approval to reserve the right to add Alternate No. 1 and Alternate No. 2 within one year. Mr. Dillon stated he spoke to Landmark Landscaping and they have agreed to hold their price on both alternates for a period of one year. Mr. Gilot stated Mr. Dillon should get that in writing for the record. Upon a motion by Mr. Gilot, seconded by Mr. Neal and carried, the Board approved the award of the base bid and the request to hold the prices of Alternate 1 and 2 for one (1) year. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY FROM MICHIGAN TO THE FIRST NORTH/SOUTH ALLEY BETWEEN CALVERT AND DAYTON REGULAR MEETING OCTOBER 8, 2013 300 Mr. Mecham requested the Board move this request up on the agenda due to the presence of the petitioner and his attorney. Mr. Gilot indicated that the Board previously reviewed and tabled the request of Mr. Jeffery Logan to vacate the above referenced alley to allow for review of the fature urbanism plans for this area and if trash removal would be adversely affected. Mr. Mike Mecham stated he visited the site and the alley is unimproved with grass and weeds overgrown. He noted trash removal would be on the north/south alley, which all residents border also. Mr. Mecham stated this alley has no apparent purpose. Mr. Gilot asked Mr. Logan if he was aware that he would receive half of the property and the adjacent property owner would receive the other half. He questioned Mr. Logan on whether the other property owner approved of the request to vacate the alley, noting the Common Council had the final approval authority and would not approve this request without all affected property owner's approval. Mr. Ernest Galos stated he was present to represent the petitioner. He informed the Board that the adjacent property was owned by a grocery store and he believed they would like to see the vacation approved also, but his client would secure their approval prior to submittal to the Council. Mr. Galos noted that Mr. Logan would like to purchase or acquire their half also. Mr. Mecham added the vacation would not land lock any other property owners. Therefore, Mr. Relos made a motion recommending approval of the request for vacation subject to the petitioner obtaining a letter of agreement from the affected neighbors. Mr. Gilot seconded the motion which carried. Ms. Greene suggested Mr. Logan speak with his Councilman, Oliver Davis to help facilitate the vacation. BOARD MEMBER EXCUSED Board member Michael Mecham excused himself from the Board meeting at 10:10 a.m. AWARD BID — ONE (1) MORE OR LESS, 2013 OR NEWER COMBINATION JET RODDER/VACUUM MACHINE WITH CAB AND CHASSIS (2013 SEWER DEPARTMENT CAPITAL) Matt Chlebowski, Central Services, advised the Board that on July 19, 2013, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Chlebowski recommended that the Board award the contract to the most responsive and responsible bidder, Brown Equipment Co., Inc., 10603 Majic Port Lane, Fort Wayne, Indiana 46899, in the amount of $309,680.00. In his memo to the Board, Mr. Chlebowski stated that the two low bids were rejected as non -responsive to the bid specifications. One bidder, Best Equipment, was non- responsive in thirteen (13) categories, two of which are critical. The other low bidder, Southeastern Equipment, did not meet the specifications in eight (8) areas, five (5) of which are critical. Therefore, Mr. Relos made a motion that the recommendation be accepted and the bid be awarded and the contract approved as outlined above. Mr. Neal seconded the motion, which carried. AWARD BID — ONE (1) 2013 OR NEWER ASPHALT HOT BOX (2013 STREET DEPARTMENT CAPITAL) Mr. Jeff Hudak, Central Services, advised the Board that on September 24, 2013, bids were received and opened for the above referenced equipment. After reviewing those bids, Mr. Hudak recommended that the Board award the contract to the lowest responsive and responsible bidder W.A. Jones Truck Bodies & Equipment, 1171 S. Williams Drive, Columbia City, Indiana 46725, in the amount of $24,942.00. Mr. Neal questioned whether the agenda was correct stating 2014 Capital. Mr. Gilot confirmed that funding source was on the request from Mr. Hudak. Therefore, Mr. Neal made a motion that the recommendation be accepted and the bid be awarded as outlined above, subject to confirmation of 2013 or 2014 Capital funding. Mr. Relos seconded the motion, which carried. REJECT BIDS — LEAD BASED PAINT REMOVAL AND ASBESTOS REMEDIATION — PROJECT NO. 113-031 (AEDA TIF) In a memorandum to the Board, Mr. Toy Villa, Engineering, requested permission to reject all bids for the above referenced project. He noted that two bids were non -responsive to the bid specifications and the remaining bids were over budget. Mr. Gilot stated they are looking at re - advertising each of these separately. He noted that Ivy Tower is the largest building in the State of Indiana to bid asbestos remediation and lead paint removal and there are some risks to get to the areas to do the work and that may have been considered and padded into the bids. Mr. Gilot stated they are also discussing the possibility of bidding smaller areas as a pilot for testing to see how the work goes. He added they would remove the risks to make access easier and hopefully reduce the cost of the bids. A representative from Interstate Environmental was present and REGULAR MEETING OCTOBER 8, 2013 301 suggested that it would not be cheaper to do the bids as two separate bids. He offered to help the City with options to reduce the cost of the bids, if they wanted to call him and discuss. Upon a motion made by Mr. Gilot, seconded by Mr. Relos and carried, the above bids were rejected. APPROVE CHANGE ORDER NO. 1 — DIAMOND AVENUE STORM SEWER SEPARATION PHASE 3 — PROJECT NO 109-033C (2012 SEWER BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Woodruff & Sons, Inc., PO Box 450, Michigan City, Indiana 46361, indicating the contract amount be increased by $23,220.96 for a modified contract sum, including this Change Order, in the amount of $2,563,209.84. Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 — 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. 2 on behalf of Selge Construction Co., Inc., 2833 South I I'h Street, Niles, Michigan 49120, indicating the contract amount be increased by $96,957.00 for a modified contract sum, including this Change Order, in the amount of $2,737,322.26. Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — PINHOOK WATER TREATMENT PLANT EFFICIENCY IMPROVEMENTS —PROJECT NO 112 062 Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of L.D. Docsa Associates, 1605 King Highway, Kalamazoo, Michigan 49001, indicating the contract amount be increased by $17,753.40 for a modified contract sum, including this Change Order, in the amount of $3,278,179.40. 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 — WILLIAM STREET STREETSCAPE (WASHINGTON STREET TO LASALLE AVENUE) —PROJECT NO 113-003 (W WCDA TIE) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on behalf of Rieth Riley Construction, PO Box 1775, South Bend, Indiana 46614, indicating the contract amount be decreased by $1,194.45 for a modified contract sum, including this Change Order, of $121,551.65. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $121,551.65. Mr. Relos noted the account number on the agenda is not correct for the WWCDA TIF funding. Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to confirmation of the account associated with West Washington TIF. APPROVE PROJECT COMPLETION AFFIDAVIT — CENTURY CENTER LIGHTING RENOVATIONS — PROJECT NO 112-033 (HOTEL/MOTEL AND CENTURY CENTER CAPITAL) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Pemberton Davis Electric, Inc., 916 East McKinley Avenue, Mishawaka, Indiana 46545, for the above referenced project, indicating a final cost of $636,443.00. Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — SKYWAY PLAZA BUILDING WINDOW REPLACEMENT —PROJECT NO 112-043 (MEDICAL TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Gibson -Lewis, LLC, 1001 W. 11 "h Street, Mishawaka, Indiana 46544, for the above referenced project, indicating a final cost of $303,750,00. Upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the Project Completion Affidavit was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION — DEMOLITION AND RECONSTRUCTION OF FIRE STATION NO 5 — PROJECT NO 111 015 (EMSCIP) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Certificate of Substantial Completion on behalf of Majority Builders, Inc., 62900 U.S. 31 South, South Bend, Indiana 46614, for the above referenced project as of September 20, 2013. Upon a motion made by Mr. REGULAR MEETING OCTOBER 8, 2013 302 Neal, seconded by Mr. Relos and carried, the Certificate of Substantial Completion was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — TRUCKING OF MATERIAL FROM THE CITY OF SOUTH BEND'S ORGANIC RESOURCES (SUBJECT TO APPROPRIATION OF FUNDS) In a memorandum to the Board, Matthew Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced project, subject to the appropriation of funds by the Council. Therefore, upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the above request was approved subject to funding. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR MORE 2013 OR NEWER, COMPACT TRACK LOADER (2013 CAPITAL/INTEREST) In a memorandum to the Board, Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — FOUR (4) MORE OR LESS, 2013 OR NEWER ALL WHEEL DRIVE POLICE PATROL VEHICLES (2013 CAPITAL PRINCIPAL/INTEREST) In a memorandum to the Board, Jeff Hudak, Central Services, requested permission to advertise for the receipt of bids for the above referenced vehicles. Therefore, upon a motion made by Mr. Relos, seconded by Mr. Neal and carried, the above request was approved. ADOPT RESOLUTION NO. 55-2013 - A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Ms. Greene noted that this property disposal is unusual because there normally is no value to obsolete property. In this case, she stated, the water meters are being traded as scrap metal and have a value of close to $30,000.00. 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. 55-2013 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, the care, custody and control of city owned property is vested in the City's Board of Public Works in accordance with Indiana Code § 36-9-6-3; and WHEREAS, the Board has determined that the following City -owned property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: 5,208 WATER METERS WHEREAS, Indiana Code § 5-22-22 permits and establishes the 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; and WHEREAS, the City of South Bend Water Works Division has exchanged approximately 5,208 water meters over a four month period to an upgraded model allowing for electronic reading capability, which will result in a cost savings for the City; and WHEREAS, the City has determined that the meters are no longer fit for the purpose for which they were intended and are no longer needed by the City; and WHEREAS, the City has further determined that any remaining value attached to these meters is limited to the metals of which they are constructed; and WHEREAS, the City of South Bend Water Works Division has received an estimated scrap metal value for these meters of $0.95 per pound and an anticipated total scrap metal value for the 5,208 meters of approximately $29,954. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South REGULAR MEETING OCTOBER 8, 2013 303 Bend as follows: 1. The 5,208 water meters described above are no longer needed by the City, are unfit for the purpose for which they were intended and should be disposed of in a manner that is in the best interests of the City. 2. It is in the best interests of the City to dispose of the water meters for scrap metal value at an estimated $0.95 per pound as determined by Acme Scrap based on the U.S. scrap metal pricing which is subject to change daily. 3. The Water Works Department is hereby authorized to dispose of the water meters for scrap metal value with the proceeds of such exchange to be recorded in Water Work's Miscellaneous Revenue account. ADOPTED this 8th day of OCTOBER, 2013. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Mark W. Neal ATTEST: s/Linda M. Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for annroval: Type Business Description Amount/ Motion/ Funding Second Addendum to Redevelopment Ignition Park South $70,000 Relos/Neal Master Agency Commission Demolitions Phase 4; (AEDA TIF) Agreement Demolition and Remediation of Two (2) Properties with Structures and Site Cleaning at Third Property Amendment to the Redevelopment Drainage Design and (SSDA TIF) Relos/Neal Addendum to Commission Bid Coordination Master Agency Services for Fellows Agreement Street Corridor Improvement — Supplement No. 7 — Project No. 112-006 Amendment to Christopher B. Fellows Street $5,000.00 Relos/Neal Agreement Burke Improvements Bid (SSDA TIF) Engineering, Coordination Services — LLC Project No. 112-006 Amendment to Cardno JFNew Fellows Street $7,380.00 Relos Neal Professional Improvements Drainage (SSDA TIF) Services Design — Project No. Agreement 112-006 Ratify Open Clean Harbors Open Market Purchase $106,585.00 RATIFIED Market Proposal - Environmental of Services for the (AEDA TIT) Relos/Neal Public Bidding Services Removal and Disposal Process produced of PCB Transformers no Responsive and Electrical Bids on September Equipment at Ivy 24, 2013 Tower, Project No. 113- 026; REGULAR MEETING OCTOBER 8, 2013 304 Professional Services Agreement Lawson -Fisher Prairie Avenue Sewer Separation — Project No. 113-027 $471,100.00 (2012 Sewer Bond) Neal Relos Approve Rate Indiana Change of Tariff to $8,753.00 Relos/Neal Tariff Change Michigan Power More Favorable Rate Annual for Morris Performing Savings (No Arts Center. Study Funding — Net Period of Three (3) Savings) Months to Verify Savings Potential APPROVAL OF PERMITS/LICENSES The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Far Northwest Residential October 12, Fremont St. from Relos/Neal Neighborhood Block Party 2013; 10:00 Marquette Blvd. to Association a.m. to 4:00 Hamilton St. p.m. South Bend Procession — October 25, On Route as Submitted Relos/Neal Heritage Annual Red 2013; 930 a.m. Foundation — Ribbon March to 11:00 a.m. Red Ribbon Committee APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — KITE REALTY — 1234 N. EDDY STREET Mr. Gilot stated a Revocable Permit has been received for the purpose of installing two (2) parking garage directional signs in the right-of-way at Napoleon Street, and Angela Boulevard. The encroachments shall remain in the right of way until the 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. Mr. Gilot stated the sign on the median on Angela Boulevard looks like it could be an obstruction to the view of someone pulling out of the drive at the garage. He suggested the City Engineer take another look at it. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Relos and carried, the Revocable Permit was approved subject to the City Engineer reviewing the potential site obstruction. REVOCABLE PERMIT FOR ENCROACHMENT — ST JUDE CHURCH AND SCHOOL Mr. Gilot stated a Revocable Permit was approved at the previous Board of Works meeting for the purpose of placing four (4) way finding signs in the right-of-way for St. Jude's Church and School. He explained the Board stipulated they work with the City Engineer on the design of the signs, and come back to the Board for an update on the locations. Mr. Gilot noted nobody was present from the Church and since this authority falls under the City Engineer, the Board would leave it to the City Engineer to work with the applicant on the locations of the signs. He added Mr. Mecham, City Engineer, could bring it back to the Board to have the locations ratified. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Neal and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 2221 S. Michigan Street 725 N. Cleveland Avenue 1205 S. 30`h Street NEW INSTALLATION: No Parking/Tow Zone LOCATION: North Side of Jefferson Boulevard; Niles Avenue to Hill Street Mr. Gilot stated this will be a temporary design and parking will be restored on Jefferson with the Jefferson Streetscape design. Mr. Eric Horvath, Public Works Director stated Mr. Paul South, Director of Streets, will contact the businesses affected by this change to let them know it is a temporary situation. REGULAR MEETING OCTOBER 8, 2013 305 TABLE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Gilot, seconded by Mr. Relos and carried, the following traffic control device was tabled for further review: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION: 425 Alonzo Watson Drive Mr. Gilot stated that this petitioner has access to a parking lot for the apartment complex, with allocated handicapped parking spaces. To allow a street handicapped parking location would set a precedent and may create problems with other residents also wanting front street reserved parking. APPROVE WASTEWATER DISCHARGE PERMIT —NOBLE AMERICAS In a Memorandum to the Board, Ms. Kim Thompson, Environmental Services, submitted the following Wastewater Discharge Permit(s) and recommended approval and waiver of the fee: Noble Americas South Bend Ethanol, LLC, 3201 W. Calvert Street In her memo, Ms. Thompson informed the Board that the original permit was issued to New Energy Corporation who paid the fee for the permit. The permit was then transferred to SBEA, LLC in March of 2013. In July of 2013, SBEA notified the City of a permit transfer to Noble Americas, but the transfer of ownership had already occurred, rendering the permit void as described in Chapter 17 of South Bend's Municipal Code. Noble Americas understood the transfer to be valid. Noble Americas applied for a new identical permit in August. No production occurred at the facility between the original issuance of the permit and this permit issuance in October. She noted that the fee is to cover the administrative cost for permit development and that has already been done. Therefore, Ms. Thompson is requesting the Board waive the permit fee. There being no further discussion, upon a motion made by Mr. Neal, seconded by Mr. Relos and carried, the permit and the waiving of the fee was approved. 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 nnrsnant t, t nn )nnr, Al_ _ __,____I Business Bond Type yp �uJI.LL Approved/ Released 0.J LV11V WJ. Effective Date David Setterblad Concrete, Inc. Contractor Approved September 30, 2013 Niblock Excavating, Inc. Excavation Approved September 23, 2013 St. John-Mittelhauser & Associates Excavation Approved September 20, 2013 Abe's Plumbing, Inc. Excavation Released January 1, 2013 Mr. Neal 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 nrr... __ ___ � _ 1•r _ vlllwl auu celUiieu for accuracy. Name Amount of Claim Date City of South Bend 1 $594,343.08 09/30/2013 City of South Bend 1 $1,038,006.68 10/08/2013 Therefore, Mr. Neal made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Relos seconded the motion, which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Relos and carried, the meeting adjourned at 10:48 a.m. REGULAR MEETING OCTOBER 8. 2013 306 BOARD OF PUBLIC WORKS Gary A. Gilot, President David . Relos, Member athryn oos, Member Michael Mecham, Member Mark Neal, Member �9 "LA nda M. Martin, Cler