HomeMy WebLinkAbout12/19/13 Board of Public Works MinutesREGULAR MEETING DECEMBER 19 2013 377
The Regular Meeting of the Board of Public Works was convened at 10:42 a.m. on Thursday,
December 19, 2013, by Board President Gary A. Gilot, with Board Members David P. Relos and
Patrick M. Henthorn present. Board Members Kathryn E. Roos and Mark W. Neal were absent.
Also present was Board Attorney Cheryl Greene. Clerk of the Board Linda Martin presented the
Board with a proposed agenda of items presented by the public and by City Staff.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Relos, seconded by Mr. Henthorn and carried, the Minutes of the
Agenda Review Session of December 5, 2013, and Regular Meeting of December 10, 2013, were
approved.
AWARD BID AND APPROVE CONTRACT — ASBESTOS REMOVAL AND DISPOSAL —
PROJECT NO. 113-045 (AEDA TIE)
Mr. John Engstrom, Engineering, advised the Board that on December 10, 2013, bids were
received and opened for the above referenced project. After reviewing those bids, Mr. Engstrom
recommended that the Board award the contract to the lowest responsive and responsible bidder
Environmental Assurance Company, Inc., 440 Hancock Street, Indianapolis, Indiana 46222, in
the amount of $430,100.00 which includes Base Bid, Item Nos. 1-6, and Alternate No. 1, Item
No. 7. Ms. Greene noted one bidder was found non -responsive due to not submitting
confirmation of Addendum No. 1 with their bid. She added the addendum was found to be
material to the bid. Therefore, Mr. Relos made a motion that the recommendation be accepted
and the bid be awarded and the contract approved as outlined above. Mr. Henthorn seconded the
motion, which carried.
AWARD BID AND APPROVE CONTRACT — TRUCKING OF MATERIAL FROM THE
CITY OF SOUTH BEND'S ORGANIC RESOURCES (LOSS RECOVERY FUND)
Mr. Jeff Hudak, Central Services, advised the Board that on November 12, 2013, bids were
received and opened for the above referenced project. After reviewing those bids, Mr. Hudak
recommended that the Board award the contract to the lowest responsive and responsible bidder
Rose Cor Inc., dba GreenWorld Environmental Management, 51541 Wetherington Court,
Granger, Indiana 46530, in the amount of $5.81/ton; not to exceed $581,000.00. Therefore, Mr.
Relos made a motion that the recommendation be accepted and the bid be awarded and the
contract approved as outlined above. Mr. Henthorn seconded the motion, which carried.
AWARD BID AND APPROVE CONTRACT — 2013 OR NEWER 66,000 LB. GVWR TRI-
AXLE ROLL -OFF CHASSIS WASTEWATER CAPITAL
Mr. Jeff Hudak, Central Services, advised the Board that on December 10, 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
Hill Truck Sales, 1011 West Sample Street, South Bend, Indiana 46624, in the amount of
$171,693.00 for one (1) truck. Mr. Gilot asked if a cost comparison was done on the purchase of
a CNG model and the cost of fuel, versus the previous diesel model. Mr. Jeff Hudak, Central
Services, stated this is not a direct replacement; this truck will be doing more hauling than the
previous one due to the savings in fuel. Mr. Hudak noted that not only is this a savings in fuel,
but the diesel models ran dirtier and had problems therefore, with their filters that created added
expense. He noted the CNG models will not have these problems and run much cleaner. Mr.
Gilot stated he should prepare a memo for the file showing the justification of the payback on
fuel savings versus the additional cost of purchasing the CNG model. Therefore, Mr. Henthorn
made a motion that the recommendation be accepted and the bid be awarded and the contract
approved as outlined above. Mr. Relos seconded the motion, which carried.
APPROVE BID EXTENSION — 2014 HYDRANTS PIPE AND VALVES WATER WORKS
OPERATING)
In a letter to the Board, Mr. Robert Krol, Water Works, advised that Underground Pipe and
Valve has offered to extend their 2013 unit prices for fire hydrants, pipes and valves through
2014. In a letter Mr. Krol received from Mr. Don Nuner, Underground Pipe and Valve, he noted
that there is a potential 15% to 30% increase in raw material costs at the beginning of 2014 that
the City will avoid if they extend their current prices. Attorney Greene stated she met with Water
Works and the Public Works Director and reviewed the bid extension terms and found it to be a
substantial savings to the City. Ms. Greene noted State law allows an extension of bid prices
when there is shown a substantial savings to the City. Therefore, upon a motion by Mr, Relos,
seconded by Mr. Henthorn and carried, the Board approved the bid extension as outlined above.
REGULAR MEETING
DECEMBER 19, 2013 382
$13,200.00
Special
R&B Car
Special Purchase of Three
$53,100.00
Gilot/Relos
Purchase
Company
(3) Undercover Police
Less
Vehicles; State Board of
$21,500.00
Accounts requested Board
Trade In;
of Works approve; State
Total
Law allows Description to
$31,600.00
remain Confidential
APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO
REMONSTRATE — 17601 BULLA ROAD — WATER
Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to
Remonstrate as submitted by Mr. Kenneth Milani, 17601 Bulla Road, South Bend, Indiana
46635. The Consent indicates that in consideration for permission to tap into the public water
system of the City, to provide water service to the above referenced property at 17601 Bulla
Road, South Bend, Indiana 46635; the Milani's waive and release any and all rights to
remonstrate against or oppose any pending or future annexation of the property by the City of
South Bend. Therefore, Mr. Relos made a motion that the Consent be approved. Mr. Henthorn
seconded the motion, which carried
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Relos, seconded by Mr. Henthom and carried, the following traffic
control devices were approved:
NEW INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATION: 609 S. Liberty Street
REMARKS: Favorable Recommendations
NEW INSTALLATION: No Parking
LOCATION: North Side of Keller Street - Bendix Drive to 100' West of
Driveway Entrance
REMARKS: Patrons of M.R. Falcons park along the North Side of
Keller St. causing delivery problems for their business;
Favorable Recommendations
RATIFY RELEASE OF EXCAVATION BONDS
Mr. Anthony Molnar, Division of Engineering, recommended that the following Excavation
Bonds be released pursuant to Resolution 100-2000 as follows:
Business
Bond Type
Approved/
Released
Effective Date
Kreager Brothers Excavating, Inc.
Excavation
Released
January 6, 2014
Mark Daugherty dba Daugherty
Excavation
Released
January 16, 2014
Construction
Laidig Concrete, Inc. and Hoosier Rock
Excavation
Released
December 21,
Trucking Excavating, LLC
2013
Mr. Gilot made a motion that the Bonds release as outlined above be ratified. Mr. Relos
seconded the motion, which carried.
APPROVE CLAIMS
Mr. Relos 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
$525,554.25
12/13/2013
City of South Bend
$2,979,014.00
12/10/2013 & 12/12/2013
City of South Bend
$1,264,462.51
12/17/2013
St. Joseph County Housing Consortium
$2,889.82
11/20/2013
St. Joseph County Housing Consortium
$1,327.00
11/26/2013
St, Joseph County Housing Consortium
$713.00
11/26/2013
St. Joseph County Housing Consortium
$971.00
11/26/2013
REGULAR MEETING DECEMBER 19 2013 379
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF QUALIFICATIONS
FOR GUARANTEED ENERGY SAVINGS CONTRACT FOR CENTURY CENTER
CENTURY CENTER OPERATIONS
In a memorandum to the Board, Jonathan Burke, Energy Department, requested permission to
advertise for the receipt of bids for the above referenced project. Attorney Cheryl Greene stated
the Common Council would need to do a companion Resolution authorizing the Board of Works
to manage the project, and Century Center would need to submit a Work Order for the Board to
do the project on their behalf. Mr. Burke stated the Council approved their Resolution back in
October. Ms. Greene asked that he attach it to the documents for the Board of Works file,
Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Henthorn and carried, the above
request was approved subject to the Common Council authorizing the Board of Works to oversee
the project and Century Center submitting the Work Order for approval. Mr. Burke came back to
the Board with a copy of the Council's Resolution. Ms. Greene noted the Resolution, approved
in November, did not appoint a representative from the Council for the project. Mr. Burke stated
they asked for Mr. Eric Horvath, Public Works Director, and himself, Jonathon Burke, to provide
updates to the Council. Ms. Greene noted the request is for qualifications, the award of the
contract should go through the Common Council.
ADOPT RESOLUTION NO. 68-2013 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY -OWNED PROPERTY OR
PROPERTY OF SIMILAR NATURE
Upon a motion made by Mr. Gilot, seconded by Mr. Relos and carried, the following Resolution
was adopted by the Board of Public Works:
RESOLUTION NO.68-2013
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
APPROVING THE TRADE-IN OF CITY -OWNED PROPERTY
ON PROPERTY OF SIMILAR NATURE
WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that
the following described property is unfit for the purpose for which it was intended and should be traded -in
for property of a similar nature:
Unit 711, 2007 Dodge Nitro, VIN#ID8GU5SK47W620199
Unit 3265, 2007 Honda Civic, VIN#2HGFA1682711305405
Unit 723, 2006 Chevy Trailblazer, VIN#1GNDT13S362295501
Unit 734, 2005 Ford Explorer, VIN41FMZU73W95UB70471
Unit 744, 2005 Pontiac Grand Prix, VIN92G2WP522151342798
WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange
City -owned property for partial or full reduction in the purchase price of property of similar nature.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, AS FOLLOWS:
l . The following described property shall be traded -in for property of a similar nature and
shall be removed from the inventory of the City of South Bend:
Unit 711, 2007 Dodge Nitro, VIN#1D8GU58K47W620199
Unit 3265, 2007 Honda Civic, VIN42HGFAI6827H305405
Unit 723, 2006 Chevy Trailblazer, VIN41GNDT13S362295501
Unit 734, 2005 Ford Explorer, VIN#1FMZU73W95UB70471
Unit 744, 2005 Pontiac Grand Prix, VIN#2G2WP522151342798
ADOPTED this 19th day of DECEMBER, 2013
Upon a motion made by, seconded by and carried, the following Resolution was adopted by the
Board of Public Works:
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
REGULAR MEETING
DECEMBER 19, 2013 380
ATTEST:
s/Linda M. Martin, Clerk
s/ David P. Relos
s/ Patrick M. Henthorn
ADOPT RESOLUTION NO. 71-2013 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
Upon a motion made by Mr. Relos, seconded by Mr. Henthorn and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO. 71-2013
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
WHEREAS, it has been determined by the Board of Public Works that the following property
is unfit for the purpose for which it was intended and is no longer needed by the City of South
Bend:
Misc. Equipment from College Football Hall of Fame; Exhibitry/Plaques,
Exhibitry/Electronics, Three (3) High Light Output Projectors
WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal
of personal property which is unfit for the purpose for which it was intended and which is no
longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend that the items listed above are no longer needed by the City and/or are unfit for the
purpose for which they were intended and have an estimated combined value of less than five
thousand dollars ($5,000.00).
BE IT FURTHER RESOLVED that said items may be transferred or sold at public
auction or private sale, without advertising. However, if the property is deemed worthless, such
may be demolished or junked.
ADOPTED this 19th day of DECEMBER 2013.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ David P. Relos
s/ Patrick M. Henthorn
ATTEST:
s/Linda M. Martin, Clerk
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for
approval:
Type
Business
Description
Amount/
Funding
Motion/
Second
Agreement
Downtown
Annual Agreement for
$250,000.00
Relos/Henthorn
South Bend,
Services with Downtown
(EDIT)
Inc. (DTSB)
South Bend, Inc. (DTSB)
to Beautify, Clean, Market,
Recruit and Retain
Businesses in the
Downtown
Deed of
Douglas Road
Right of Way Dedication
No Charge
Relos/Henthorn
Dedication
Partners, L.P.
from Owner to City of
South Bend for Douglas
Road Widening
REGULAR MEETING
DECEMBER 19 2013 381
Professional
Lawson -Fisher,
Main Street/Lafayette
$13,000.00
Relos/Henthorn
Services
Associates, P.C.
Boulevard Connector from
(SDA TIF)
Supplemental
Ireland Road to Chippewa
Proposal
Road
Amendment
South Bend
Preparation of
N/A
Relos/Henthorn
to the
Redevelopment
Construction Documents
Addendum to
Commission
for Ignition Park Phase 1 B
the Master
Infrastructure —
Agency
Supplement No. 1
Agreement
Professional
BSA
Design Services —Ignition
$287,400.00
Relos/Henthorn
Services
LifeStructures
Park Phase 1B, Project No,
(AEDA TIF)
Agreement
113-043
Second
Kite Realty
Eddy Street Commons —
N/A
Relos/Henthorn
Amendment
Group, L.P.
Phase 11
to
Development
Agreement
Staff Support
Urban
City of South Bend to
$50,000.00
Relos/Henthorn
Agreement
Enterprise
Provide Staff Services to
to City
Association of
Administer and Manage
South Bend,
the UEA Program
Inc. (UEA)
Staff Support
Rebuilding
City of South Bend to
$25,000.00
Relos/Henthorn
Agreement
Together St.
Provide Staff Services to
to City
Joseph County
Administer and Manage
the Rebuilding Together
Program
Staff Support
Community
City of South Bend to
$12,000.00
Relos/Henthorn
Agreement
Homebuyers
Provide Staff Services to
to City
Corporation
Administer and Manage
(CHC)
the CHC Program
Teamsters
Teamsters
Teamsters Collective
2% Salary
Gilot/Relos
Collective
Local Union
Bargaining Agreement
Increase
Bargaining
No. 364
with the City of South
(Personnel
Agreement
Bend, January 1, 2014
Budgets;
through December 31,
Various
2016
Departments)
Professional
EmNet
CSONet Real Time
$228,252.00
Gilot/Relos
Services
Decision Support System
(Wastewater
Agreement
Professional
Services
Special
Word Systems,
Purchase of the I -Record
$65, 158.00
Gilot/Relos
Purchase
Inc.
Interview Room Recording
(Police
System; Compatible with
General
Existing Equipment; GSA
Fund)
Pricing
Agreement
On Line Data
Mail Services for Offices
$250.00/
Relos/Henthorn
in the County City
Month plus
Building
Postage
(Administrate
on and
Agreement
Oaklawn
Rent Subsidies and
Finance)
$250,920.00
Relos/Henthorn
Psychiatric
Services for Mentally III
(Shelter Plus
Center
Adults
Care)
Agreement
Career
Outplacement Assistance
$2,200.00
Relos/Henthorn
Transitions,
for Departing Employees;
per
LLC
City of South Bend will not
Participant
be Charged Unless
for Six (6)
Individual begins to use the
Employees,
Outplacement Services
Total:
REGULAR MEETING DECEMBER 19, 2013 378
APPROVE CHANGE ORDER NO. 1 — EDISON ROAD TURN LANE AT GORDON DRIVE
—PROJECT NO. 110-079 (LRSA)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf
of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating the contract
amount be increased by $8,479.14 for a modified contract sum, including this Change Order, in
the amount of $373,345.34 and a time extension of five (5) days for a new completion date of
December 5, 2013. Upon a motion made by Mr. Henthorn, seconded by Mr. Relos and carried,
the Change Order was approved.
TABLE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT —
MICHIGAN STREET LIFT STATION REPLACEMENT — PROJECT NO. I11-008
ENVIRONMENTAL SERVICES/ EDIT
Mr. Gilot advised that Mr. Jacob Klosinski, Environmental Services, has submitted Change
Order No. 1 (Final) on behalf of John Boettcher Sewer & Excavating indicating the contract
amount be decreased by $1,421.16 for a modified contract sum, including this Change Order, of
$489,879.80. Additionally submitted was the Project Completion Affidavit indicating this new
final cost of $489,879.80. Mr. Klosinski asked to address the Board. He explained that the
contractor is a very qualified contractor, but due to several issues beyond their control, they
finished the project twenty-five days (25) after schedule and the contract calls for liquidated
damages. Mr. Klosinski explained that they were able to save money when a 24" abandoned
water main was discovered that the contractor could use. He noted this added seven (7) days to
the project, but was a substantial savings. Mr. John Boettcher, Boettcher Sewer & Excavating,
informed the Board that he has had challenges in getting submittals from the suppliers. He noted
the pumps are manufactured in Sweden which added to the delay. Mr. Boettcher stated the first
submittal from their supplier was not correct and had to be re -submitted, which took additional
time due to the supplier having issues getting the paperwork done. Mr. Boettcher stated it took
one -hundred and twenty-five (125) days for the build and delivery to the site, and the project
completion allowed one -hundred and sixty-five (165) days for the entire project. Mr. Klosinski
stated he is requesting that the Board consider an extension of seven (7) days for the project to
cover the re -use of the water main time and the resulting savings. He noted that would take the
contractor to the substantial completion date. He noted the first submittals were due on May 8,
received on May 30 and rejected for missing information, and subsequently not received until the
end of July. Mr. Klosinski stated the liquidated damages need to be reviewed. Attorney Greene
stated the entire contract and scoping should be reviewed before approval. Mr. Gilot added he is
hesitant to impose liquidated damages when the contractor shows good faith effort. Upon a
motion made by Mr.' Gilot, seconded by Mr. Henthorn and carried, Change Order No. I (Final)
and the Project Completion Affidavit were tabled until the next Board of Works meeting for
further review. The Board authorized the release of payments for work completed, but retainage
held until further review.
TABLE APPROVAL OF PROJECT COMPLETION AFFIDAVIT — CURB AND SIDEWALK
CONSTRUCTION (2013 CURB AND SIDEWALK PROGRAM) — PROJECT NO. 113-OIID
(MVH)
Mr. Gilot advised that Mr. Paul South, Street Department, has requested this item be tabled for
now. Upon a motion made by Mr. Gilot, seconded by Mr. Henthorn and carried, the Project
Completion Affidavit was tabled.
APPROVE PROJECT COMPLETION AFFIDAVIT — CROOKED EWE SIDEWALK
IMPROVEMENTS — PROJECT NO. 113-041 (AEDA TIF)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion
Affidavit on behalf of Ortiz Concrete, 530 Pulaski Street, South Bend, Indiana 46619, for the
above referenced project, indicating a final cost of $41,354.00. Upon a motion made by Mr.
Relos, seconded by Mr. Henthorn and carried, the Project Completion Affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT — EDISON ROAD CENTER TURN
LANE AT GORDON DRIVE — PROJECT NO. 110-079 (LRSA)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion
Affidavit on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614,
for the above referenced project, indicating a final cost of $373,345.34. Upon a motion made by
Mr. Relos, seconded by Mr. Henthorn and carried, the Project Completion Affidavit was
approved.
REGULAR MEETING
DECEMBER 19 2013 383
Name
Amount of Claim
Date
St. Joseph County Housing Consortium
$1,353.30
11/26/2013
St. Joseph County Housing Consortium
$1,353.30
11/26/2013
St. Joseph County Housing Consortium
$1,353.30
11/26/2013
St. Joseph County Housing Consortium
$1,353.30
11/26/2013
St. Joseph County Housing Consortium
$1,353.30
11/26/2013
St. Joseph County Housing Consortium
$1,553.30
11/26/2013
St. Joseph County Housing Consortium
$971.00
11/26/2013
Therefore, Mr. Relos made a motion that after review of the expenditures, the claims be
approved as submitted. Mr. Henthorn 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 11:44 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Patrick enthorn, Member
Mark Neal, Member
L/indaM.Martin,'Clerk t