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HomeMy WebLinkAbout10/22/13 Board of Public Works MinutesAGENDA REVIEW SESSION OCTOBER 17, 2013 308 The Agenda Review Session of the Board of Public Works was convened at 10:38 a.m. on Thursday, October 17, 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. 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. OPENING OF QUOTATIONS — CROOKED EWE SIDEWALK IMPROVEMENTS — PROJECT NO. 113-041 Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Quotation was submitted by Mr. Dustin Hilary nT Tl1 A TTl1T�T ITEM NO. DESCRIPTION QUANTI TY UNIT UNIT PRICE TOTAL AMOUNT 1 Construction Eng neering 1 LS $2,900.00 $2,900.00 2 Mobilization and Demobilization 1 LS $2,500.00 $2,500.00 3 Curb, Concrete, Remove 100 LFT $12.00 $1,200.00 4 Steps, Concrete, Remove 1 LS $1,000.00 $1,000.00 5 Sidewalk Concrete, Re move 60 SY $12.00 $72.00 6 Wall, Remove 1 LS $600.00 $600.00 7 Compacted Aggregate, No. 53 Base 150 TON $25.00 $3,750.00 8 Sidewalk Concrete, 4 IN. 170 SY $37.00 $6,290.00 9 Curb, Concrete 190 LFT $28.00 $5,320.00 10 PCCP For Approaches, 8 IN. 37 SY $80.00 $2,960.00 11 HMA, Base Type B 110 TON $110.00 $12,100.00 12 HMA, Surface Type B 50 TON $190.00 $9,500.00 13 1 Topsoil and Sodding 110 SY $30.00 $3,300.00 14 Common Excavation 100 CY $20.00 $2,000.00 15 Maintenance of Traffic 1 LS $2,500.00 $2,500.00 Total Amount SELGE CONSTRUCTION CO., INC. 2833 S. I l'h Street Niles, Michigan 49120 Quotation was submitted by James Boyles QUOTATION: $56,640.00 ITEM NO. DESCRIPTION QUANTI TY UNIT UNIT PRICE TOTAL AMOUNT I Construction Engineering 1 LS $3,500.00 $3,500.00 2 Mobilization and Demobilization I LS $6,500.00 $6,500.00 3 Curb, Concrete, Remove 100 LFT $20.00 $2,000.00 4 Steps, Concrete, Remove 1 LS $500.00 $500.00 5 Sidewalk, Concrete, Remove 60 SY $25.00 $1,500.00 6 Wall, Remove 1 LS $250.00 $250.00 7 Compacted Aggregate, No. 53 Base 150 TON $49.00 $7,350.00 8 Sidewalk, Concrete, 4 IN. 170 SY $50.25 $8,542.50 9 Curb, Concrete 190 LFT $32.40 $6,156.00 10 PCCP For Approaches, 8 IN. 37 SY $80.00 $2,960.00 11 HMA, Base Type B 110 TON $90.00 $9,900.00 12 HMA, Surface Type B 50 TON $160.00 $8,000.00 13 Topsoil and Sodding 110 SY $28.25 $3,107.50 14 Common Excavation 100 CY $80.00 $8,000.00 15 Maintenance of Traffic 1 LS $3,700.00 $3,700.00 Total Amount ORTIZ CONCRETE 530 Pulaski Street South Bend, Indiana 46619 Quotation was submitted by Mr. Jose Ortiz QUOTATION: $71,966.00 AGENDA REVIEW SESSION OCTOBER 17, 2013 309 ITEM NO. DESCRIPTION QUANTI TY UNIT UNIT PRICE TOTAL AMOUNT 1 Construction Engineering 1 LS $1,200.00 $1,200.00 2 Mobilization and Demobilization 1 LS $350.00 $350.00 3 Curb, Concrete, Remove 100 LFT $13.00 $1,300.00 4 Steps, Concrete, Remove 1 LS $200.00 $200.00 5 Sidewalk, Concrete, Remove 60 SY $15.00 $900.00 6 Wall, Remove 1 LS $500.00 $500.00 7 Compacted Aggregate, No. 53 Base 150 TON $20.00 $3,000.00 8 9 Sidewalk, Concrete, 4 IN. Curb, Concrete 170 190 SY LFT $45.00 $27.00 $7,650.00 $5,130.00 11 12 13 PCCP For Approaches, 8 IN. HMA, Base Type B HMA, Surface Type B Topsoil and Sodding 37 110 50 110 SY TON TON SY $72.00 $80.00 $80.00 $16.00 $2,664.00 $8,800.00 $4,000.00 $1,760.00 14 15 1 Common Excavation Maintenance ofTraf&c 100 1 CY LS $26.00 $1,300.00 $2,600.00 $1,300.00 t otat Amount L.L. GEANS CONSTRUCTION CO 1923 N. Home Street Mishawaka, Indiana 46545 Quotation was submitted by Mr. Ricky Geans QUOTATION: $41,354.00 ITEM DESCRIPTION QUANTI UNIT UNIT TOTAL NO. TY PRICE AMOUNT 1 Construction Engineering 1 LS $4,039.00 $,039.00 2 Mobilizat on and Demobilization 1 LS $2,117.00 $2,117.00 3 Curb, Concrete, Remove 100 LFT $10.25 $1,025.00 4 Steps, Concrete, Remove 1 LS $375.00 $375.00 5 Sidewalk, Concrete, Remove 60 SY $10.42 $625.00 6 Wall, Remove I LS $532.00 $532.00 7 Compacted Aggregate, No. 53 Base 150 TON $26.25 $3,938.00 8 Sidewalk, Concrete, 4 IN. 170 SY $49.45 $8,406.00 9 Curb, Concrete 190 LFT $23.91 $4,543 10 PCCP For Approaches, 8 IN. 37 SY $58.29 $2,157.00 11 HMA, Base Type B 110 TON $115.50 $12.705.00 12 HMA, Surface Type B 50 TON $199.50 $9,975.00 13 Topsoil and Sodding 110 SY $9.52 $1,048.00 14 Common Excavation 100 CY $73.16 $7,316.00 15 Maintenance of Traffic ] LS $1,050.00 $1,050 t otal Amount WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Quotation was submitted by Mr. Dustin Hilary QUOTATION: $59,851.00 ITEM NO. DESCRIPTION QUANTI TY UNIT UNIT PRICE TOTAL AMOUNT 1 Construction Engineering 1 LS $2,900.00 $2,900.00 2 Mobilization and Demobilization 1 LS $2,500.00 $2,500.00 3 Curb, Concrete, Remove 100 LFT $12.00 $1,200.00 4 Steps, Concrete, Remove 1 LS $1,000.00 $1,000.00 5 Sidewalk, Concrete, Remove 60 SY $12.00 $72.00 6 Wall, Remove 1 LS $600.00 $600.00 7 Compacted Aggregate, No. 53 Base 150 TON $25.00 $3,750.00 8 Sidewalk, Concrete, 4 LN. 170 SY $37.00 $6,290.00 9 Curb, Concrete 190 LFT $28.00 $5,320.00 10 PCCP For Approaches, 8 IN. 37 SY $80.00 $2,960.00 11 HMA, Base Type B 110 TON $110.00 $12,100.00 12 HMA, Surface Type B 50 TON $190.00 $9,500.00 13 Topsoil and Sodding 110 SY $30.00 $3,300.00 14 Common Excavation 100 CY $20.00 $2,000.00 15 Maintenance of Traffic ._, 1 LS $2'500.00 $2,500.00 1 mar esurount $56,640.00 AGENDA REVIEW SESSION OCTOBER 17 2013 310 RIETH-RILEY CONSTRUCTION CO., INC. 25200 SR 23 South Bend, Indiana 46614 Quotation was submitted by Mr. Scott Kirkpatrick QUOTATION: ITEM NO. DESCRIPTION QUANTI TY UNIT UNIT PRICE TOTAL AMOUNT 1 Construction Engineering 1 LS $1,500.00 $1,500.00 2 Mobilization and Demobilization 1 LS $2,700.00 $2,700.00 3 Curb, Concrete, Remove 100 LFT $20.00 $2,000.00 4 Steps, Concrete, Remove 1 LS $250.00 $250.00 5 Sidewalk, Concrete, Remove 60 SY $20.00 $1,200 6 Wall, Remove 1 LS $250.00 $250.00 7 Compacted Aggregate, No. 53 Base 150 TON $40.00 $6,000.00 8 Sidewalk, Concrete, 4 IN. 170 SY $40.00 $6,800.00 9 Curb, Concrete 190 LFT $26.00 $4,940.00 10 PCCP For Approaches, 8 IN. 37 SY $70.00 $2,590.00 11 HMA, Base Type B 110 TON $90.00 $9,900.00 12 HMA, Surface Type B 50 TON $160.06 $8,000.00 13 Topsoil and Sodding 110 SY $9.10 $1,001.00 14 Common Excavation 100 CY $50.00 $5,000.00 15 Maintenance of Traffic I LS $2,000.00 $2,000.00 Total Amount 104, 1.3 1.VV Ms. Greene noted that several contractors submitted a Local Preference Form with their quote. She stated this quote is for construction so the form is not applicable; the form is only applicable for the purchase of equipment. Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above Quotations were referred to Community Investment and Engineering for review and recommendation. After reviewing those quotations, Mr. Toy Villa, Engineering, stated they would wait until Tuesday to make an award recommendation, noting the quotes were over the budget and the Redevelopment Commission would have to approve additional funds if they want to accept the quotes. Board members discussed the following items from the agenda: - Resolution No. 57-2013 — Approving the Agency Agreement with the Building Corporation for the Construction of the Fire Safety Training Center and the Prairie Avenue Fire Station, and Authorizing the Mayor to Sign the Insurance Agreement Mr. Randy Rompola, Faegre, Baker Daniels, LLP, explained the processes this Resolution sets out for financing of the Fire Training Center and the Prairie Avenue Fire Station bonds, through the approval of an Insurance Agreement as reserve funding instead of depositing cash in the reserve fund. Mr. Neal noted the insurance allows the City to save money on the issuance of the bond and the bonds are expected to be paid out of the EMS fund. He explained he has done an analysis of the funds and found there are sufficient funds that are backed by property tax. Mr. Eric Horvath, Public Works Director, questioned what the difference is between the $50,000.00 sitting there earning interest versus the cost of the insurance. Mr. Neal stated it would allow the City to save about $250,000.00. - Opening of Bids — Sage Road and Poppy Road Lift Station Modifications Mr. Gilot asked Jacob Klosinski, Environmental Services, if these lift stations will serve the New Energy plant. Mr. Klosinski stated they serve two lift station pumps. Mr. Gilot asked if as the New Energy plant comes along would these be large enough to handle their flow. Mr. Klosinski stated they are designed to be upgraded so if the need arose, they could be upgraded to serve the plant. - Public Hearing and Resolution — Fellows Street Corridor Improvements Assistant City Attorney, Larry Meteiver, stated this Public Hearing is the fourth step in the process of obtaining a temporary easement on the above properties. He explained the Public Hearing is to confirm the value of the property which is then set out in Resolution No. 58-2013. Mr. Gilot questioned if the City makes payment to the neighboring property owners, does that make them the owner of this property. Mr. Meteiver stated no, they have to retain title and pay property taxes to be owners of the property. - Addendum to Master Agency Agreement, Amended Professional Services Proposal — Southside Project Improvements Mr. Relos stated this work will be for sidewalks at the corner of Miami Street and Ireland Roads; work at High Street and Ireland Road including the moving of a sign for the shopping center; and drainage work for Erskine Golf Course AGENDA REVIEW SESSION OCTOBER 17, 2013 311 - Removal — No Parking Notre Dame Home Games Mr. Horvath, Public Works Director, stated the new football game routing does not include these routes anymore so the signs are no longer needed. He explained he had the signs bagged for the first couple of games and he now feels it is okay to proceed with their removal. - New Installation — No Parking Here to Corner Mr. Mecham explained there is confusion on whether this lane at Eddy Street from Napoleon Street to Howard Street is a turn lane or parking lane. He stated people are parking there short- term to run into businesses and the lane is also used as a right turn lane. Mr. Gilot requested Mr. Mecham look at it before Tuesday to determine if there is room for both and if there's room for parking, does it needs definition. - Additions to the Agenda Mr. George King, Purchasing, stated he may be ready to add the award of the Century Center Small Wares bid to Tuesday's agenda. Attorney Cheryl Greene stated she may need to add a Resolution for the Teamster's contract also. The Clerk was instructed to post the agenda and notify the media and other persons who have requested notice of the meeting agenda. No other business came before the Board. The meeting adjourned at 11:23 a.m. BOARD OF PUBLIC WORKS c, n Gary A. Gilot, President David Pe. Relos, Mdmber Michael C. Mecham, Member Mark W. Neal, Member '91YA --a— Ctcf,, LLe+h l� Linda M. Martin, Clerk REGULAR MEETING OCTOBER 22, 2013 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Tuesday, October 22, 2013, by Board President Gary A. Gilot, with Board Members David P. Relos, Kathryn E. Roos, and Michael C. Mecham present. Board Member Mark W. Neal was absent. Also present was Board Attorney Cheryl Greene. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Minutes of the Agenda Review Session of October 3, 2013, the Regular Meeting of October 8, 2013 and the Claims Review Meeting of the Board held on October 15, 2013, were approved. OPENING OF BIDS — SAGE ROAD AND POPPY ROAD LIFT STATION MODIFICATIONS — PROJECT NO 113-039 (WASTEWATER 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. The following bids were opened and publicly read: H&G UNDERGROUND UTILITIES L.L.C. 7 Berkel Drive LaPorte, Indiana 46350 Bid was signed by: Mr. John Milner 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 (5%) Bid Bond was submitted REGULAR MEETING OCTOBER 22, 2013 312 In"I Item No. Description Lump Sum Total Amount 1 Sage Road LS Modifications $264,165.00 $264,165.06 2 Poppy Road LS Modifications $295,141.00 $295,141.00 Total Lump Sum Bid (Item No. 1 + Item No. 2) $559,306.00 HRP CONSTRUCTION, INC. 5777 Cleveland Road P.O. Box 266 South Bend, Indiana 46624 Bid was signed by: Mr. Paul Fallon 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 (5%) Bid Bond was submitted "TT Item No. Description Lump Sum Total Amount 1 Sage Road LS Modifications $374,000.00 $374,000.00 2 Poppy Road LS Modifications $275,000.00 $275,000.00 Total Lump Sum Bid (Item No. 1 + Item No. 2) $649,000.00 HASKINS UNDERGROUND, INC. 8111 9B Road Plymouth, Indiana 46563 Bid was signed by: Mr. Mark Haskins, Jr. 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 (5%) Bid Bond was submitted BID: Item No. Description Lump Sum Total Amount 1 Sage Road LS Modifications $392,000.00 $392,000.00 2 Poppy Road LS Modifications $350,000.00 $350,000.00 Total Lump Sum Bid (Item No. 1 + Item No. 2) $742,000.00 SELGE CONSTRUCTION CO. INC. 2833 S. I I' Street Niles, Michigan 49120 Bid was signed by: Mr. James Boyles 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 (5%) Bid Bond was submitted BID: Item No. I Description Lump Sum Total Amount 1 Sage Road LS Modifications $275,535.00 $275,535.00 2 Poppy Road LS Modifications $272,250.00 $272,250.00 Total Lump Sum Bid (Item No. 1 + Item No. 2) $547,785.00 Upon a motion made by Mr. Mecham, seconded by Mr. Relos and carried, the above bids were referred to Wastewater for review and recommendation. REGULAR MEETING OCTOBER 22, 2013 313 OPENING AND AWARD OF BIDS — OLIVE WELL FIELD GRANULAR ACTIVATED CARBON REACTIVATION 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. The following bid was opened and publicly read: CALGON CARBON CORPORATION 500 Calgon Carbon Drive Pittsburgh, Pennsylvania 15205 Bid was signed by: Mr. Robert McLaughlin 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 (10%) Bid Bond was submitted BID: Primarv: Virain GAC Fill Product Calgon Carbon's Type Filtrasorb 300M Name: Unit Price for Virgin GAC: $1.386 per lb. Unit Price for Freight and Site Services: $0.13 per lb. Alternate' Reantivatinn Product Name: Calgon Carbon's Type F300M Custom Municipal React (CMR) Unit Price for Custom Reactivated GAC: (1) $0.86 per lb. Unit Price for Virgin GAC for Make -Up Purposes: (2) $1.381 per lb. Unit Price for Freight and Site Services: $0.15 per lb. (2) Price per pound for Virgin GAC if make-u Reactivation option. p amount exceeds 20%. This price is only applicable with the Upon a motion made by Mr. Mecham, seconded by Ms. Roos and carried, the above bid was referred to Water Works for review and recommendation. After review of the bid, Mr. John Wiltrout, Water Works, recommended the Board award the bid to Calgon Carbon Corporation for the Alternate: Reactivation in unit prices as shown. Upon a motion by Ms. Roos, seconded by Mr. Mecham and carried, the alternate bid was awarded as shown. OPENING OF BIDS — — SALE OF CITY OWNED PROPERTY - 1219 HOWARD STREET 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 bid was opened and publicly read: FIVE CORNERS, LLC 814 Marietta South Bend, Indiana 46601 Bid was signed by: Mr. Charles Hayes BID: $2,438.00 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bid was referred to Community Investment for review and recommendation. OPENING OF QUOTATIONS — MORRIS COMPLEX CLEANING SERVICES (EVENT PROMOTER CHARGEBACK) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: REGULAR MEETING OCTOBER 22, 2013 314 SWEETUMS, INC. 1138 E. LaSalle Avenue South Bend, Indiana 46617 Bid was signed by: Sweetums, Inc. Non -Collusion, Non -Discrimination Affidavit was submitted. BID: MORRIS CENTER COMPLEX LEIGHTON THEATER EVENT CLEANING SERVICE RATES Description Amount Full Cleaning $835.00 Add Event Attendant $55.00 By Area: Grand Lobby (Main Floor) $15.00 Grand Lobby (Mezzanine); Mezzanine Restrooms; Rotunda $100.00 Bistro & Restrooms $115.00 Auditorium (Lower Level) $150.00 Auditorium (Upper Level) $140.00 3 Star Dressing Rooms $50.00 Dressing Rooms (Lower Level) $75.00 Rock & Roll Event (Extra Charge) 100.00 MORRIS CENTER COMPLEX PALAIS ROYALE EVENT CLEANING SERVICE RATES Description Amount Full Cleaning (Includes Event Attendant) $475.00 Extras: $100.00 By Area: Room Turnover No Bid Janitorial Service Per Call 10.00 Extended Event Time $35.00 CLEANRITE CLEANING SERVICES, INC. P.O. Box 65 Walkerton, Indiana 46574-0065 Bid was signed by: Dawn Gorby-Verhaeghe Non -Collusion, Non -Discrimination Affidavit was submitted, but not signed. BID: MORRIS CENTER COMPLEX LEIGHTON THEATER EVENT CLEANING SERVICE RATES Description Amount Full Cleaning $1,080.00 Add Event Attendant $150.00 By Area: Grand Lobby (Main Floor) $150.00 Grand Lobby (Mezzanine); Mezzanine Restrooms; Rotunda $125.00 Bistro & Restrooms $150.00 Auditorium (Lower Level) $200.00 Auditorium (Upper Level) $200.00 3 Star Dressing Rooms $125.00 Dressing Rooms (Lower Level) $150.00 Rock & Roll Event (Extra Charge) $30.00 per hour/per person MORRIS CENTER COMPLEX PALAIS ROYALE EVENT CLEANING SERVICE RATES Description Amount Full Cleaning (Includes Event Attendant) $650.00 REGULAR MEETING OCTOBER 22, 2013 315 Extras: By Area: $30.00 per hour/per person Room Turnover $30.00 per hour/per person Janitorial Service Per Call $30.00 per hour/per person Extended Event Time $30.00 per hour/per person SERVICE MASTER COMMERCIAL CLEANING 1920 S. Michigan Street South Bend, Indiana 46613-2308 Bid was not Signed Non -Collusion, Non -Discrimination Affidavit was submitted BID: MORRIS CENTER COMPLEX LEIGHTON THEATER EVENT CLEANING SERVICE RATES Description Amount Full Cleaning $675.00 Add Event Attendant $65.00 By Area: Grand Lobby (Main Floor) $40.00 Grand Lobby (Mezzanine); Mezzanine Restrooms; Rotunda $80.00 Bistro & Restrooms $70.00 Auditorium (Lower Level) $140.00 Auditorium (Upper Level) $130.00 3 Star Dressing Rooms $40.00 Dressing Rooms (Lower Level) $110.00 Rock & Roll Event (Extra Charge) $105.00 MORRIS CENTER COMPLEX PALAIS ROYALE EVENT CLEANING SERVICE RATES Description Amount Full Cleaning (Includes Event Attendant) $257.60 Extras: By Area: Room Turnover $85.00 Janitorial Service Per Call $20.00 per hour Extended Event Time $65.00 Attorney Cheryl Greene stated there was no signature on the quotation sheet from Service Master, nor was there a company name or address so it was difficult to tell whose quotation it was. She stated Cleanrite Cleaning Services did not sign their Non -Collusion, Non - Discrimination form and indicated they would only sign upon award. Upon a motion by Mr. Mecham, seconded by Ms. Roos and carried, the quotes were referred to the Morris Performing Arts Center and Purchasing for review and recommendation. PUBLIC HEARING — PUBLIC HEARING BEFORE CONSIDERATION OF RESOLUTION NO. 58-2013 CONFIRMING THE AWARD OF DAMAGES FOR THE FELLOWS STREET CORRIDOR IMPROVEMENT PROJECT —PROJECT NO 112 006) Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning Resolution No. 58-2013, Confirming the Award of Damages for the above property easement. Mr. Gilot opened the Public Hearing and asked if anyone present would like to speak for or against the award of damages. There being nobody present wishing to speak, Mr. Gilot closed the Public Hearing. ADOPT RESOLUTION NO 58-2013 — A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS FINALIZING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED IN THE CITY OF SOUTH BEND INDIANA DUE TO THE EXERCISE OF EMINENT DOMAIN REGULAR MEETING OCTOBER 22, 2013 316 Attorney Larry Meteiver stated Mr. Tim Jackson, DLZ, provided written notice of the Public Hearing and provided letters to the adjoining property owners with copies of the Notice. He stated the just compensation for the property was found to be $109.86 based on the square footage of the lot. Mr. Gilot noted previous discussions were had regarding the minimum level INDOT has established for right-of-way acquisition of property. Mr. Meteiver stated tNDOT has established a minimum amount of $400.00 as a guideline for right-of-way property acquisition. He noted that guideline has been used on other parcels for this project. Mr. Gilot stated the city should stay consistent and follow that guideline in this case also. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Board approved the award of $400.00 for the right-of-way easement for the property. Mr. Meteiver stated there are two parts to this award, the establishment of the amount and the approval to split the award 50/50 between the two adjoining property owners. Therefore, Ms. Roos made a motion to amend her previous motion, and to split the award equally between the two property owners, awarding $200.00 to each. Mr. Relos seconded the motion, which carried, and the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 58-2013 A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS FINALIZING THE AWARD OF DAMAGES SUSTAINED TO PROPERTY LOCATED 1N THE CITY OF SOUTH BEND, INDIANA, DUE TO THE EXERCISE OF EMINENT DOMAIN (Fellows Street Corridor Improvement Project) WHEREAS, on August 27, 2013, the Board of Public Works of the City of South Bend, Indiana (the `Board") adopted Resolution No. 49-2013, entitled "A Resolution of the City of South Bend Board of Public Works Related to Acquisition of a Temporary Interest in Property in the City of South Bend, Indiana (Fellows Street Corridor Improvement Project)" which determined the Board's intent and desire to acquire a temporary interest in the property located between 4234 Fellows Street and 4302 Fellows Street, South Bend, Indiana (the "Property"); and WHEREAS, on September 10, 2013, the Board of Public Works of the City of South Bend, Indiana 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 the Property and which was conclusive as to all persons; and WHEREAS, on September 24, 2013, the Board of Public Works of the City of South Bend, Indiana adopted Resolution No. 54-2013, entitled "A Resolution of the City of South Bend Board of Public Works Determining the Award ofDamages Sustained to Property Located in the City of South Bend, Indiana, Due to the Acquisition of a Temporary Interest (Fellows Street Corridor Improvement Project)" which established the amount of damages to be paid based upon the City's information and which set a public hearing on October 22, 2013, for the Board to hear any remonstrance to the Board's action in Resolution No. 54-2013; and WHEREAS, the abutting property owners having been personally notified of the public hearing scheduled for October 22, 2013, and the Board, having heard any remonstrances filed in response to the Board's action in Resolution No. 54-2013, now deems itself fully advised as to the damages resulting to such owners by reason of the appropriation as by law provided; NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works, as follows: The Board now modifies Resolution No. 54-2013 and, in accordance with INDOT guidelines, awards damages of Four Hundred and no/100 Dollars ($400.00) sustained to the Property as follows: Two Hundred and no/100 Dollars ($200.00) to Matthew J. Dyer & Anne Pilkington, 4234 Fellows St., South Bend, IN 46614; REGULAR MEETING OCTOBER 22, 2013 317 Two Hundred and no/100 Dollars ($200.00) to Horvath Family 2010 Revocable Trust, 4302 Fellows St., South Bend, IN 46614; all on account of the Board's acquisition of a temporary interest in the Property. 2. A person remonstrating in writing who is aggrieved by this decision may, not later than twenty (20) days after the date of this decision, take an appeal to a court that has jurisdiction in St. Joseph County. The Clerk of the Board is authorized to execute a "Certificate of Temporary Taking" and a "Clerk's Temporary Highway Easement Grant" in such form as may be approved by the Assistant City Attorney. 4. This Resolution shall be in full force and effect upon its adoption and is subject to the appeal rights stated above. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on October 22, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 57-2013 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT AND AN INSURANCE AGREEMENT Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.57-2013 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE FORM AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT AND AN INSURANCE AGREEMENT WHEREAS, the City of South Bend, Indiana (the "City"), has previously executed a lease (the "Lease") whereby the City shall lease (i) a fire station facility to replace the existing Fire Station #5 located at 2221 Prairie Avenue in the City; and (ii) a fire safety training facility located generally on a 5.5 acre parcel near Sample and High Streets in the (collectively, the "Project") from the City of South Bend Building Corporation (the "Building Corporation"); and WHEREAS, the Building Corporation previously adopted resolutions determining to issue its first mortgage revenue bonds, which bonds will be payable from rentals received by the Building Corporation from the City pursuant to the Lease, and which bonds will be secured by a Mortgage and Trust Indenture (the "Indenture") by and between the Building Corporation and U.S. Bank National Association as trustee; and WHEREAS, the Indenture provides for a reserve fund to provide for the protection to bondholders with respect to the payment of principal of and interest on the Bonds; and REGULAR MEETING OCTOBER 22, 2013 318 WHEREAS, the Building Corporation expects that the reserve fund requirement will be satisfied with the deposit of a debt service reserve fund insurance policy to be issued by Assured Guaranty Municipal Corp. (the "Insurer"); and WHEREAS, the Building Corporation and the City will be obligated to reimburse the Insurer to the extent that the debt service reserve fund insurance policy is drawn upon while on deposit in the reserve fund under the Indenture; and WHEREAS, the Building Corporation and City desire to enter into an Insurance Agreement (the "Insurance Agreement") with the Insurer to evidence their respective reimbursement obligations and to provide for the issuance by the Insurer of its Municipal Bond Debt Service Reserve Insurance Policy; and WHEREAS, the Building Corporation desires to have the Board of Public Works of the City (the `Board") serve as its agent for the construction and equipping of the Project pursuant to an Agency Agreement by and between the Board and the Building Corporation; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that: Section 1. The Board hereby approves the execution of an Agency Agreement in the form presented at this meeting with such changes as may be suggested by counsel and approved by members of the Board with such approval evidenced by the execution thereof by the members of the Board. Section 2. The Board hereby approves the form of Insurance Agreement presented to the Board at this meeting, and attached as "Exhibit A" and authorizes the Mayor to execute said agreement in the form presented at this meeting with such changes as may be suggested by counsel approved by the Mayor with such approval evidenced by the execution thereof by the Mayor. Section 3. This Resolution shall be in full force and effect from and after its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on October 22, 2013, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 59-2013 — A RESOLUTION OF THE BOARD OF WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO POLICE AND SOLID WASTE VEHICLES AND ACCESSORIES Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.59-2013 A RESOLUTION OF THE BOARD OF WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO POLICE AND SOLID WASTE VEHICLES AND ACCESSORIES REGULAR MEETING OCTOBER 22, 2013 319 WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is the contracting body for the City of South Bend, Indiana (the "City") pursuant to Indiana Code § 36- 9-6; and WHEREAS, the CITY OF SOUTH BEND ("Lessee") desires to obtain certain equipment (the "Equipment") described in Equipment Schedule No. 06 to the Master Lease Agreement (collectively, the "Lease") with SUNTRUST EQUIPMENT FINANCE & LEASING CORP., the form of which is attached hereto and incorporated herein as Exhibit "A" has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK (the "Escrow Agent") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The City Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on October 22, 2013 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ David P. Relos s/ Kathryn E. Roos s/ Michael C. Mecham REGULAR MEETING OCTOBER 22, 2013 320 ATTEST: s/Linda M. Martin, Clerk AWARD BID — CENTURY CENTER KITCHEN EQUIPMENT, SMALLWARES, AND MISCELLANEOUS CATERING EQUIPMENT (CENTURY CENTER CAPITAL) Mr. George King, Purchasing, advised the Board that on October 8, 2013, bids were received and opened for the above referenced miscellaneous equipment. After reviewing those bids, Mr. King recommended that the Board award the contract to the lowest responsive and responsible six (6) bidders, Atlas Restaurant Supply, Gordon Food Service, Sam Tell and Son, Inc., Edward Don and Company, Stanz Cheese, and Calico Industries in the unit amounts as shown on his attached spreadsheet. He noted the total bid award amounts to $170,739.23 for one -hundred, twenty-eight (128) items, and is under the budget. Mr. King stated there were seven (7) bidders total, one bidder a MBE/WBE registered business. Therefore, Ms. Roos made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Mecham seconded the motion, which carried. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — FERRIC CHLORIDE STORAGE AND FEED FACILITIES — PROJECT NO. 113- 038 (WASTEWATER CAPITAL) In a memorandum to the Board, Jacob Klosinski, Environmental Services, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Mecham, seconded by Ms. Roos and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVE PROJECT COMPLETION AFFIDAVIT — NORTH STATION LOW SLOPED ROOF — ROOF COATING AND CHIMNEY WORK - PROJECT NO. 112-034 (WATER WORKS CAPITAL) Mr. Gilot advised that Mr. John Wiltrout, Water Works, has submitted the Project Completion Affidavit on behalf of Slatile Roofing and Restoration, 1703 S. Ironwood Drive, South Bend, Indiana 46613, for the above referenced project, indicating a final cost of $41,188.00. Upon a motion made by Ms. Roos, seconded by Mr. Mecham and carried, the Project Completion Affidavit was approved. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Funding Second Addendum to Redevelopment Southside Improvements SSDA TIF Relos/Roos Master Commission Project Change in Scope Agency Agreement Amended Christopher B. Southside Improvements $46,682.00 Relos/Roos Professional Burke Project Change in Scope (SSDA Services Engineering TIF) Proposal Temporary Redevelopment Sean Meehan, Ceol Mor N/A Roos/Mecham Right of Commission Properties, LLC Granting City Entry of South Bend Agreement Redevelopment Commission Temporary Right of Entry to 1047 Lincoln Way East, South Bend, Indiana 46601 for the Purpose of Working on Crooked Ewe Sidewalk Improvements (Project No. 113-041) Proposal Ricoh Police Records Department $185.00 Roos/Mecham Copier Lease and Per Month Maintenance for Sixty REGULAR MEETING OCTOBER 22, 2013 321 (60) Months Total $15,200.00 Agency South Bend Provides for the Board of N/A Relos/Roos Agreement Building Public Works to Serve as Corporation Agent of the Building Corporation in Connection with the Construction of the Prairie Avenue Fire Station and the Fire Safety Training Facility Amendment Redevelopment Increase Budget for Crooked $15,000.00 Roos/Mecham to the Commission Ewe Sidewalk Improvements (AEDA Addendum to —project No. 113-041 TIF) the Master Agency Agreement AWARD QUOTATION — CROOKED EWE SIDEWALK IMPROVEMENTS PROJECT NO 113-041 (AEDA TIF) Mr. Toy Villa, Engineering, advised the Board that on October 17, 2013, quotations were received and opened for the above referenced project. All of the quotations were found to be over the approved budget. After speaking with the Redevelopment Commission Board Members, Mr. Dave Relos stated they would approve an increase of $15,000.00 in the budget on this project at their next meeting to fund the project. After reviewing the quotations, Mr. Villa recommended that the Board award the contract to the lowest responsive and responsible bidder, Ortiz Concrete, 530 Pulaski Street, South Bend, Indiana 46619, in the amount of $41,354.00. Therefore, Ms. Roos made a motion that the recommendation be accepted and the quotation be awarded as outlined above, subject to the Redevelopment Commission approving additional funding. Mr. Mecham seconded the motion, which carried. APPROVAL OF PERMITS/LICENSES The following street closures and processions were presented for approval: Applicant Description Date/Time Location Motion Carried Peter J. Residential October 27, Manitou Place from Park Relos/Roos Farrough Block Party - 2013; 2:00 p.m. Avenue to Forest Avenue Chapin Park to 6:00 p.m. Neighborhood Association Halloween Block Party Near Northwest Residential November 3, California Avenue from Roos/Relos Neighborhood, Block Party — 2013; 7:00 a.m. Portage Avenue to Inc. Arts Cafe to 5:00 p.m. Sherman Avenue IUSB Student Procession — November 9, Route as Submitted Roos/Relos Veterans 5K Sweat for 2013; 8:00 a.m. Organization Vets Run/Walk to 12:00 p.m. Abundant Faith Procession — A November 2, Roos/Relos Family Day of Unity in 2013; 10:00 Subject to Ministry our Community a.m. to 11:00 Insurance a.m. Certificate Judith Rubleske Community Extend Current 802 S. Kaley Street Roos/Relos Garden — 802 Agreement S. Kaley Street through November, 2014 REGULAR MEETING OCTOBER 22, 2013 322 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: Downtown Reserved Handicapped Parking Space Sign LOCATION: Next to County City Building, on the North Side of Jefferson Boulevard, East of Lafayette Boulevard REMARKS: All Criteria Has Been Met REMOVAL: No Parking Notre Dame Home Games LOCATIONS: Twyckenham North of Corby to South Bend Avenue Eddy Street from Napoleon Street to Howard Street REMARKS: Both Locations are No Longer Part of the Notre Dame Traffic Pattern. Signs Not Needed. Mr. Eric Horvath, Public Works Director, stated these signs were originally requested by the South Bend Police Department to aid with Notre Dame Football traffic. He noted with the change in the roads, this route is no longer used and the signs aren't needed. Mr. Horvath stated he had the signs bagged for the first three (3) Notre Dame football games and nobody complained so he feels it is okay to go ahead with their removal. TABLE TRAFFIC CONTROL DEVICE — NO PARKING SOUTH SIDE OF ANGELA BOULEVARD 100' WEST OF EDDY STREET Mr. Mecham stated Engineering went out and measured these lanes. One end is 14' and the other end is approximately 17'. He noted 10' is needed for a driving lane and about 7'-8' for a parking lane. Mr. Mecham stated currently people are parking there, and using it for a right turn lane. Mr. Horvath requested the item be tabled until it could be determined what the original intent was. He noted the issue is the lane tapers so it is wider at the intersection, making it narrower at the Eddy Commons business area where it is used for parking. Ms. Roos stated it needs to be determined if a right turn lane is needed, noting parking should not be eliminated that gives access to these businesses if we want to encourage business development. Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the approval of the following traffic control device was tabled for further review to see if a right turn lane is needed: NEW INSTALLATION: No Parking Here to Corner — Tow Zone LOCATION: South Side of Angela Boulevard; 100' West of Eddy Street REMARKS: Vehicles Park in Right Turn Lane Causing Congestion on Angela Boulevard and Making it Unsafe for Vehicles Traveling in the Eastbound Lane on Angela Boulevard APPROVE CLAIMS Ms. Roos stated that a request to pay the following claims in the amounts indicated has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Name Amount of Claim Date City of South Bend $1,116,444.30 10/22/2013 Therefore, Ms. Roos made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Mecham seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Jim Bognar stated he has had extensive conversations with AEP regarding the installation of a street light at the northwest corner of Washington Street and Martin Luther King Drive since his last discussion with the Board of Works about a month ago. At that time, he stated, the Board told him there was an issue with available amps at the intersection and someone would contact AEP to work on the issue. Mr. Bognar stated AEP told him nobody has contacted them about this issue and they disagree that there is an issue with amps. He thanked Mr. John Voorde, City Clerk, for attending the meeting with him and suggesting he take this issue up with the Board of Works rather than the Common Council. Mr. Bognar stated the data available on the City website regarding street lights is really poor. Mr. Gilot thanked Mr. Voorde for coming in and stated he would ask the Director of Public Works, Eric Horvath, to review the situation and REGULAR MEETING OCTOBER 22, 2013 323 communicate with Mr. Bognar within the next week. He noted, to Mr. Horvath's credit, he has been looking to institute a better plan for street lights and cost savings. Mr. Gilot stated the City has a pretty good data record -keeping program in place, contrary to what Mr. Bognar stated. He noted the City maintains a spreadsheet and the only complete map of every street light in the City; who owns it; the number of the pole; and all records of down time. He noted the City bills AEP for every day a streetlight is down after they have been called in for repair. Mr. Murray Miller, Local No. 645, asked if the Lead Abatement for Ivy Tower project was going to be rebid. Mr. Relos stated the project is still being worked out with the owners of the building. Mr. Eric Horvath, Public Works Director, stated they are looking at options to bring down the costs because all of the bids, except one, were over the budget. He noted the one low bid was found non -responsive because they did not meet the experience qualifications. Mr. Horvath stated this is the largest lead abatement project in the State of Indiana. With nothing this large done before, no good competitive bids were received. Mr. Gilot added they are rethinking the project and the possibility of removing some of the obstacles to save costs, or splitting it into sections. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 10:29 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President 'Mich�ain, Member Mark Neal, Member `- ' 7L ,,cam cam, Q c C C Linda M. Martin, Clerk