HomeMy WebLinkAbout08/07/2014 Agenda ReviewAGENDA REVIEW SESSION AUGUST 7 2014 249
The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on
August 7, 2014, by Board President Gary A. Gilot with Board Members David Relos, Patrick
Henthorn, and Brian Pawlowski present. Board Member ICathryn Roos was absent. Also present
was Attorney Cheryl Greene. Ms. Lee Bene, Engineering, presented the Board with a proposed
agenda of items presented by the public and by City Staff.
APPROVE RECOMMENDATION OF AWARD — GUARANTEED ENERGY SAVINGS
PERFORMANCE CONTRACT FOR CENTURY CENTER
In a memo to the Board, Ms. Therese Dorau, Office of Sustainability, stated after review of
evaluations based upon all submissions to the Request for Proposals; presentations by the top
three candidates; and the gathering of additional information on the top two candidates,
Ameresco was chosen by the majority vote of the review committee. Therefore, Ms. Dorau
stated, she requests the Board of Public Works approve Resolution No. 35-2014, which will
serve as the Board's formal recommendation to the Common Council to select Ameresco as the
provider and subsequently to execute the Project Development Agreement. Upon a motion by
Mr. Relos, seconded by Mr. Henthom and carried, the Board approved the recommendation to
recommend Ameresco to the Common Council for award of the above contract.
ADOPT RESOLUTION NO. 35- 2014 - A RESOLUTION OF THE CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS_ CONFIRMING COMPLIANCE WITH IC 36-1-12-1 ET SEQ.
AND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH BEND
INDIANA THE APPROVAL AND EXECUTION OF A PROJECT DEVELOPMENT
AGREEMENT WITH AMERESCO INC. RELATED TO A GUARANTEED ENERGY
SAVINGS CONTRACT FOR CENTURY CENTER
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.35-2014
A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
CONFIRMING COMPLIANCE WITH IC 36-1-12-1 ET SEQ.
AND RECOMMENDING TO THE COMMON COUNCIL OF THE CITY OF SOUTH
BEND, INDIANA THE APPROVAL AND EXECUTION OF A PROJECT
DEVELOPMENT AGREEMENT WITH AMERESCO, INC. RELATED TO A
GUARANTEED ENERGY SAVINGS CONTRACT FOR CENTURY CENTER
WHEREAS, on November 25, 2013, the Common Council of the City of South Bend
("Council") adopted its Resolution No. 4302-13 appointing the Board of Works ('Board") and
the Department of Public Works of the City of South Bend ("Department") as authorized agents
of the Council for purposes of meeting the provisions required by IC 36-1-12.5 and other Indiana
laws leading up to the final review of and the execution by the Council of a Guaranteed Energy
Savings Contract for the use of energy saving technology at Century Center; and
WHEREAS, IC 36-1-12.5-2.5-2 defines a "guaranteed savings contract" as a contract to
(i) evaluate and recommend to the governing body conservation measures, and (ii) provide for
the implementation of at least one (1) conservation measure; and
WHEREAS, in compliance with the requirements of Indiana law including, but not
limited to, IC 36-1-12.5, the Board has taken certain actions as authorized agent to the Council
including preparation of specifications and evaluation criteria for a Guaranteed Energy Savings
Contract, publication of notice as required by IC 36-1-12.5-5 requesting qualified providers to
submit proposals, and has opened at a public meeting of the Board those proposals that were
received in response to the notice, and has evaluated said proposals; and
WHEREAS, the Board has heretofore reviewed the proposed form of Project
Development Agreement with Ameresco, Inc. as attached hereto and incorporated herein as
Exhibit A which provides for a detailed energy audit evaluating Century Center's conservation
needs in anticipation of a Guaranteed Energy Savings Contract to implement such conservation
measures as are determined through the energy audit; and
WHEREAS, the Department's legal counsel has determined that the proposed form of
Project Development Agreement is consistent with and meets the legal requirements of IC 36-1-
12.5; and
AGENDA REVIEW SESSION AUGUST 7, 2014 250
WHEREAS, the Board affirms that the actions referred to in its Resolution No. 35-2014
are taken by the Board and the Department solely at the direction of and as authorized agents to
the Council and not on the Board's own behalf.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, that:
Section 1. The Board of Public Works hereby makes its advisory recommendation to
the Common Council of the City of South Bend that the Council approval and execute a
Project Development Agreement with Ameresco, Inc., the form of said agreement being
attached hereto and incorporated herein as Exhibit A with such changes as may be
suggested by legal counsel with approval of such changes evidenced by the execution and
attestation respectfully, of the agreement.
Section 2. Upon completion of the energy audit as described in the Project
Development Agreement, Ameresco shall prepare and deliver a Project Proposal which
shall be incorporated into a separate Energy Savings Contract which upon
recommendation of the Board of Public Works is intended to be approved and executed
as a separate agreement by and between the Council and Amerersco, Inc.
Section 3. The Board of Public Works hereby assures the Council that, upon
approval and execution of the Project Development Agreement and/or the Energy
Savings Contract by the Council, staff members of the Department of Public Works shall
supervise all work done incidental to the Guaranteed Savings Contract concerning
Century Center, including the power to authorize change orders.
Section 4. The Board of Works hereby assures the Council of the Board's continued
assistance as set forth in the Council's Resolution No. 4302-13.
Section 5. This Resolution shall be in full force and effect upon its adoption.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana
held on August 7, 2014, 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/ Patrick M. Henthorn
s/ Brian J. Pawlowski
ATTEST:
s/Lee Bene, Secretary
ADOPT RESOLUTION NO. 36-2014 — A RESOLUTION OF THE BOARS OF PUBLIC
WORKS FOR THE CITY OF SOUTH BEND, INDIANA RATIFYING, CONFIRMING AND
APPROVING ACTIONS TAKEN BY LT. CHRISTOPHER VOROS RELATED TO i2
SOFTWARE AGREEMENT
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.36-2014
A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH
BEND, INDIANA RATIFYING, CONFIRMING AND APPROVING ACTIONS TAKEN
BY LT. CHRISTOPHER VOROS RELATED TO i2 SOFTWARE AGREEMENT
WHEREAS, pursuant to Indiana Code §36-9-6-2 and Indiana Code §36-9-6-3, the City of
South Bend, Indiana Board of Public Works (`Board") has authority over City property and is
the City's contracting agency; and
WHEREAS, Lt. Christopher Voros is the Assistant Director of the Services Division for
AGENDA REVIEW SESSION AUGUST 7, 2014 251
the South Bend Police Department ("Voros"); and
WHEREAS, the Board has approved an agreement related to deployment of i2 software
which will assist the South Bend Police Department in investigative matters ("Project")
including, but not limited to, an agreement with Alpine Consulting, Inc. ("Alpine"); and
WHEREAS, in order to receive discounted pricing for the i2 software, it was necessary to
execute a pricing agreement no later than July 31, 2014, prior to the Board's regularly scheduled
meeting on August 12, 2014; and
WHEREAS, time is of the essence in this matter and accordingly, in order to facilitate the
Project, Voros, in his capacity as Assistant Director of the Services Division for the South Bend
Police Department, and upon advice of the Board's attorney, signed the pricing agreement on
July 31, 2014; and
WHEREAS, the agreement and all actions taken in furtherance of the Project are subject
to final approval by the Board; and
WHEREAS, the Board believes that the agreement is in the best interests of the health,
safety and the social and economic welfare of the City and its residents and that the agreement
complies with federal, state and local laws under which the Project has been undertaken and is
being assisted; and
WHEREAS, the Board desires to ratify the pricing agreement and the actions taken by
Voros with respect to the Project.
NOW, THEREFORE, BE IT RESOLVED by the City of South Bend Board of Public
Works as follows:
1. The actions taken by Assistant Director of the Services Division for the South
Bend Police Department relating to the Project, including the execution of the
pricing agreement on behalf of the City are hereby in all respects ratified,
confirmed and approved.
2. This Resolution shall be in full force and effect after its adoption by the City of
South Bend Board of Public Works.
ADOPTED at a meeting a the Board of Public Works of the City of South Bend, Indiana
held on August 7, 2014, 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/ Patrick M. Henthom
s/ Brian J. Pawlowski
ATTEST:
s/Lee Bene, Secretary
AWARD BID — DECONSTRUCTION OF TEN 10 MORE OR LESS VACANT AND
ABANDONED HOMES — PROJECT NO. It 4-029 (LOSS RECOVERY FUND)
Mr. John Engstrom, Engineering, advised the Board that on July 22, 2014, 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
Jackson Services, 1674 N 750 W, Rochester, Indiana 46975, in the unit price per property,
amount not to exceed $244,000.00. Therefore, Mr. Henthorn made a motion that the
recommendation be accepted and the bid be awarded as outlined above. Mr. Relos seconded the
motion, which carried.
Board members discussed the following item(s) from the agenda.
AGENDA REVIEW SESSION AUGUST 7, 2014 252
-Opening of Quotations — Removal and Disposal of Hazardous/Nonhazardous Waste at IVY
Tower -Project Number 114-043
Mr. Brock Zeeb, Community Investment, stated they this is the next step of clearing this property
by removing the containers of hazardous and non -hazardous waste. Mr. Gilot suggested
including a sign off for a count of the barrels to be handled to avoid responsibility for drop off of
additional materials.
-Award Bids and Approve Contracts -One or More 2014 or Newer, %z Ton Extended Cab Four
Wheel Drive Pick Up Trucks
Mr. Jeffrey Hudak, Central Services, stated that this vehicle would be used by the Fire
Department Inspector and comes equipped with the gasoline/compressed natural gas (CNG)
conversion package.
-Award Bids and Approve Contracts -Thirty -Five (35), More or Less, 2014 or Newer All Wheel
Drive Police Patrol Vehicles
Mr. Jeffrey Hudak, Central Services, stated the bids for new police vehicles were reviewed and
recommended award. They do not include the CNG conversion option but that would be
addressed later in the meeting.
-Award Quotations and Approve Contracts — Bowen Street Sidewalk — Project Number 114-037
Mr. Roger Nawrot, Engineering, said they were still waiting for right of entry from McDonald's.
-Change Order -Jefferson Boulevard Streetscape Improvements — Project Number 114-001
Mr. Toy Villa, Engineering, stated that the additional time and amount needed was due to the
decision to include work for the Long Term Control Plan.
-Change Order -Primary Clarifier Rehabilitation and Equipment Upgrades -Project Number I 1I-
071
Mr. Jacob Klosinski, Environmental Services, included a project update stating that the project is
behind schedule and a request to pursue liquidated damages may be brought before the Board. A
revised schedule had been supplied during the project manager meeting to extend the completion
date by ninety-eight (98) days to make up concrete curing time lost due to inclement weather
December through March. Mr. Gilot suggested waiting to discuss weather days until the project
is further along.
-Request to Advertise for the Receipt of Bids - West Washington Street Lights -Project Number
114-044
Mr. Eric Horvath verified the funding source as the Loss Recovery Fund for the Light -Up South
Bend project.
-Special Purchase -Kirby Risk -Upgrade of Compatible SCADA Network HMI Server and Client
Software from RSView 32 to Factory Talk View SE
Mr. John Wiltrout and Mr. Brent Hussung, Water Works, stated this upgrade of existing software
and purchase of an additional license for interface is a 50% cost savings over new purchase.
-Professional Services Agreement — Toole Design Group, LLC
Mr. Jitin Kain, Community Investment, stated this contract has been expanded to include design
and contract review resulting in an increase to $29,960.
-Professional Services Agreement — Envirosolutions
Mr. John Wiltrout, Water Works, stated this includes VOC/IOC testing and is in addition to the
USGS well monitoring.
-CDBG/ESG Contracts
Ms. Lory Timmer, Community Investment, stated that four housing contracts and Emergency
Solutions Grants (ESG) would be funded through the 2014 federal allocation.
-Encroachment/Revocable Permits — 521 Jefferson, LLC
Mr. Roger Nawrot, Engineering, clarified this request is to allow for construction of a canopy,
supported by columns, over the sidewalk. The columns would be separated from traffic by a
barrier curb and parking in front of the building. Mr. Gilot noted that a zoning variance will be
needed. It is the intent of the property owner, Mr. Dave Matthews, to have this work completed
by his own contractor during the current Jefferson Streetscape Project. Mr. Gilot stated
additional indemnification is needed to protect the City from liability.
-Traffic Control Devices -New Installation -No Parking
Mr. Roger Nawrot, Engineering, specified that the "No Parking on this Street" be limited to the
south side of the street.
Mr. Nawrot clarified that the no parking request at Cedar Street West of Eddy Street is to allow
for a left turn lane.
For 231 South Michigan Street, Dainty Maid Bakery requested changing four (4) parking spaces
from two (2) hour to fifteen (15) minute. Mr. Patrick Kerr, City Engineer, suggests two spaces
would be sufficient.
AGENDA REVIEW SESSION AUGUST 7, 2014 253
Downtown South Bend requested changing one (1) space each from two (2) hour to fifteen (15)
minutes in front of 119, 122, 129, 138,201, 301, and 305 South Michigan Street,
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 11:50 a.m.
ATTEST:
4rida":!M. Martin, Clerk
REGULAR MEETING
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
avid . Relos, Me Aber
G
Karyn oos, Member
Member
Brian J. TaWtoWski, Member
AUGUST 12, 2014
The Regular Meeting of the Board of Public Works was convened at 9:37 a.m. on Tuesday,
August 12, 2014, by Board President Gary A. Gilot, with Board Members David Relos, Kathryn
Roos, Patrick Henthorn, and Brian Pawlowski present. Also present was Board Attorney Cheryl
Greene.
ADDITIONS TO THE AGENDA
Mr. Gilot noted the addition to the agenda of a Release of an Easement and an application for a
Residential Block Party for the Indiana Black Expo.
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 July 17, 2014, Regular Meeting of July 22, 20t4 and Claims Meeting
of the Board held on July 29, 2014 and August 5, 2014 were approved.
OPENING OF BIDS — WAYNE STREET PARKING GARAGE FACADE REPLACEMENT —
PROJECT NO. 114-027 (PARKING GARAGE FUND)
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:
THE BLAKLEY CORPORATION/F.E. GATES DIVISION
8060E. 88th Street
Indianapolis, Indiana 46256
Bid was signed by: Ronald Pertl
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
Five percent (51%) Bid Bond was submitted
BID: $489,641.00
REGULAR MEETING AUGUST 12 2014 263
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:IS a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
ATTEST:
1 iiida M. Martin, Clerk