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HomeMy WebLinkAbout09/04/2014 Agenda ReviewAGENDA REVIEW SESSION SEPTEMBER 4, 2014 273 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on September 4, 2014, by Board President Gary A. Gilot, with Board Members David Relos, Kathryn Roos, and Patrick Henthorn present. Board Member Brian Pawlowski was absent. Also present was 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. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition of a Title Sheet for Ignition Park Site Improvements Buildings 1 and 2; a Memorandum of Understanding with Swing Batter Swing, the Board of Park Commissioners, and the Redevelopment Commission; a License Agreement with Swing Batter Swing; and a Resolution for the transfer of Park Department property to the Board of Works, to the agenda. He added it was requested that the Opening of Quotations for the Removal of Hazardous/Non-Hazardous Waste at Ivy Tower be removed from the agenda. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Agreement IHCDA and Blight Elimination Program Fundin $250,000 Second Roos/Relos South Bend Recipient & Partner State Funding Heritage Agreement through Foundation IHCDA Agreement IHCDA and Blight Elimination Program $250,000 Roos/Relos Near Northwest Recipient & Partner State Funding Neighborhood Agreement through Inc. I IHCDA Agreement IHCDA and Blight Elimination Program $1,079,000 Roos/Relos Urban Recipient & Partner State Funding Enterprise Agreement through Association of IHCDA South Bend, Inc. Memorandum Swing Batter Transfer of Property and N/A Relos/Roos of Swing, Board of Construction of a Understanding Park Professional Batting Cage Commissioners, Facility Redevelopment Commission License Swing Batter Allow Construction Access N/A Relos/Roos Agreement Swing for the Construction of a Professional Batting Cage Facility ADOPT RESOLUTION NO. 44-2014 — A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND INDIANA ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE BOARD OF PARK COMMISSIONERS OF THE CITY OF SOUTH BEND Upon a motion made by Mr. Relos, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 44-2014 A RESOLUTION OF THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE BOARD OF PARK COMMISSIONERS OF THE CITY OF SOUTH BEND WHEREAS, the care, custody and control of City -owned real property is vested in the Board of Public Works pursuant to I.C. 36-9-6-3 and 36-1-11-11 et seq.; and WHEREAS, Board of Park Commissioners ("Park Commissioners") is the owner of certain real property within the City of South Bend, which property is used and operated as part of Four AGENDA REVIEW SESSION SEPTEMBER 4, 2014 274 Winds field at Stanley Coveleski Regional Stadium ("Stadium") and is more particularly described in Exhibit "A"attached hereto and incorporated herein("Property"); and WHEREAS, Swing -Batter -Swing, LLC ("Company") presently owns and operates a professional minor league baseball team at the Stadium currently known as the South Bend Silver Hawks ("Team"), a Class A Minor League National Franchise in the Midwest League of Professional Baseball; and WHEREAS, the Company has proposed to construct at its own cost a professional grade batting cage facility on the Property as depicted in Exhibit "B" attached hereto and incorporated herein ("Project"); and WHEREAS, the Park Commissioners entered into a Memorandum of Understanding ("MOU") with the Board of Public Works of the City of South Bend, the South Bend Redevelopment Commission, and the Company on or about September 3, 2014 to provide for the acquisition of the Property for the purpose of the Company constructing the Project and such terms and conditions being more specifically described in Exhibit "C"attached hereto and incorporated herein. , WHEREAS, Park Commissioners desires to donate and transfer the Property to the City of South Bend, and the City of South Bend desires to accept transfer of the Property from Park Commissioners on the terms and conditions expressed therein; and WHEREAS, the City, acting through its Board of Public Works, believes that the acceptance of the Property is in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the transfer complies with federal, state and local laws under the authority of which the Property is being transferred; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana as follows: 1. The transfer of Property situated in St. Joseph County, Indiana, and generally described herein and more particularly described in Exhibit "A" attached hereto is hereby accepted under the terms and conditions expressed in Exhibit "C". 2. The Board authorizes the Mayor to sign and the Clerk to attest to the Deed and upon advice of Legal counsel, to any and all other documents relating to this transaction and necessary to effect closing of same. 3. The Clerk of the Board of Public Works shall cause the recording of the Quit Claim Deed conveying the Property to the City of South Bend, Indiana upon the receipt of the same. 4. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on September 4. 2014 at 1300 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/ Patrick M. Henthorn ATTEST: s/Linda M. Martin, Clerk Board members discussed the following item(s) from the agenda. - IHDA Agreements for Blight Elimination Program AGENDA REVIEW SESSION SEPTEMBER 4 2014 275 Ms. Pamela Meyer, Community Investment, stated she is presenting three agreements for the Board's approval; one with South Bend Heritage Foundation, one with the Near Northwest Neighborhood, Inc., and one with the Urban Enterprise Association of South Bend, Inc. She explained the funds were awarded from the State for blight elimination. The properties, Ms. Meyer explained, will be transferred from the County to the Board of Works for demolition. Memorandum of Understanding, License Agreement, and Resolution No. 44-2014 Attorney Greene stated she has three inter -related items to present to the Board regarding the construction of a Professional Batting Cage by Swing Batter Swing. The property is owned by the Board of Park Commissioners and wraps around the Four Winds Stadium. The property development will need to go through the subdivision process and there is some urgency because they are hoping to break ground on October 1, 2014. Ms. Greene stated the Board of Park Commissioners approved the Memorandum of Understanding yesterday at a Special Meeting of the Board to transfer the property to the Board of Public Works and authorized her to approve and prepare any further documents necessary to facilitate the process. She noted the Board of Works will now enter into a License Agreement with Swing Batter Swing to indemnify the City and allow Swing Batter Swing access to the property for the purpose of constructing the batting cage on the property. She noted the Memorandum of Understanding includes language in the event of a change in the ownership of the team, the City has the first right of refusal to purchase the property back. She added a cross -access agreement will need to be worked out for the parking lot. Ms. Greene stated the facility will be a public benefit and will be open to the public. - Change Order — Century Center Hall A & B Floor Finish Improvements Mr. Toy Villa, Engineering, stated this increase was due to unforeseen conditions from extra cracking discovered in the floor that needed grinding. - Change Order — South Bend Fire Department Training Center Mr. Toy Villa, Engineering, stated this increase is due to the creation of a blind spot at the intersection of High Street and Sample Street from the installation of the fencing around the Training Center. He explained they are doing additional work to revamp that area for better visibility and will then closeout this project. - Special Purchase — Three Unmarked Police Vehicles for Drug Unit Lieutenant Chris Voros, Police Department, stated these vehicles will be paid for from the asset forfeiture funds. Attorney Greene noted the vendor and vehicle descriptions are confidential due to the nature of the vehicles use. - New Installation - Residential Parking Zone The Board questioned Mr. Corbitt Kerr, City Engineer, on the process used in determining this location at 1217 N. Notre Dame Ave. as meeting the requirements of a residential parking zone. Mr. Gilot and Ms. Roos noted local Ordinance governs the establishment of a residential parking zone and there are very clear guidelines to follow. They questioned if these residents would be given residential parking stickers for their cars. Mr. Kerr stated no, they were just installing a sign restricting parking from 6:00 a.m. to 6:00 p.m. for residents only. Mr. Gilot questioned how they would enforce this without stickers in the cars and re -iterated there is a process that must be followed for establishing these zones. Ms. Roos suggested the Board table this request for now. - Change Order — Primary Clarifier Rehabilitation and Equipment Upgrades — Project No. 111-071 Mr. Jacob Klosinski, Environmental Services, stated this Change Order was previously tabled by the Board at their August 12, 2014 meeting. He stated he is bringing it back at this time to ask the Board's consideration of approval of an extension of ninety-eight (98) days due to severe inclement weather last winter that affected the contractor's ability to pour concrete for this project. Ms. Roos questioned the amount of days, noting it seemed excessive and questioned why the contractor didn't anticipate inclement weather at the time they bid on the project. She noted they knew they would be working in the winter and they should have taken this into consideration. Ms. Greene stated you can pour concrete in the cold, however this last winter was extreme, and had they proceeded with the work, the City shouldn't accept work done in those conditions. Ms. Roos stated she understands some delay but this seems excessive. Mr. Klosinski stated this is a very specific mix not pourable in this winter's conditions. He added there were delays in delivery of equipment to the contractor also. Ms. Roos questioned whose fault the delays were. Mr. Klosinski stated the manufacturer of the equipment had delays. Ms. Roos noted that is not the City's responsibility, the contractor should impose damages on the manufacturer for the delay. Attorney Greene stated the language in this contract states time is subject to the Board's approval. Ms. Roos stated the delay in delivery of equipment is not the City's responsibility and the contractor set up a schedule knowing they couldn't pour in normal winter anyways. All of this should not be the City's problem. Mr. Eric Horvath, Director of Public Works, noted typically when you get equipment, there is some delay in delivery but he can't see AGENDA REVIEW SESSION SEPTEMBER 4, 2014 276 giving extra days for that. He added it is hard to tell without clear documentation whether it was on the part of the manufacturer. Mr. Klosinski explained the delays caused the contractor to exceed the allotted shut -down period of 196 days. He noted imposing that much liquidated damages will be excessive, and the 98 day extension would be deducted from the liquidated days. He added they have only completed two (2) out of eight (8) tanks at this point. Mr. Gilot stated he is inclined to deny this request to send a message that the contractor's future efforts will affect the Board's final action on releasing any liquidated damages. Representatives from L. D. Docsa, Contractor, were present and stated they could provide documentation on the equipment delivery delay. They stated they have picked up on their work moving forward and realize they can't not work. They noted they felt they couldn't do quality work in the severe weather and chose not to work. In hind sight, they stated they shouldn't have taken tank five (5) out of operation. Ms. Roos questioned what they are doing to prevent this from happening again this winter. L.D. Docsa representatives stated they can't let this happen again and they are going to stagger the tanks and have the tanks with the least amount of concrete to do last. They noted they would spend one (1) day last winter just removing the excessive snow to get at the tanks. Mr. Gilot stated they need to show better progress and added he would like to see data of historical progress. Ms. Roos added also what temperature they are able to pour in. Mr. Gilot re -iterated the good will of the Board depends on the contractor's progress going forward. Ms. Roos requested this item be removed from the agenda due to too many issues yet to be resolved. - Change Order and Project Completion Affidavit — Pinhook Water Treatment Plant Efficiency Project Mr. John Wiltrout, Water Works, stated he is requesting liquidated damages of eighteen (18) days be imposed due to the project completion date of May 5, 2013 not being met and completion not until December 20, 2013. He noted he allowed for some inclement weather delays and adjustments to come up with the eighteen (18) days. Ms. Roos stated he needs to go back and figure out how many days of actual delay there were. Mr. Gilot added that should be anything that caused loss of use, not painting or grass planting that is not relevant to the operations. Mr. Gilot recommended Mr. Wiltrout sit with Mr. Eric Horvath and Ms. Kara Boyles, Public Works, before Tuesday and send their recommendation in an email to the Board on Monday. They also need to clarify if any of the work is warranty work, he added. - Award Bid — Hill Street and Colfax Avenue On Site Improvements Mr. Jitin Kain, Community Investment, stated this award was previously tabled by the Board because the developer didn't provide a bank finance letter. He stated that has now been received and he is ready to proceed with the award. - Request to Advertise for Bids — Nine (9) More or Less, Tractor Trailers for Lippert Components, and Corn Oil Separation Process for Noble America's South Bend Ethanol Facility Mr. George King, Purchasing stated he is requiring both companies to sign -off on these purchases giving their approval of the items being purchased. Ms. Roos requested they sign off before the Board approves the advertising. PRIVILEGE OF THE FLOOR Mr. Joseph Shabbaz addressed the Board regarding the use of Minority Contractors on City projects. 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 12:15 p.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President David P Relos, Member K thryn E. R s, Member Patrick M. Henthorn, Member AGENDA REVIEW SESSION SEPTEMBER 4 2014 277 ATTEST: E' da M. Martin, Clerk Brian J. PawIowski; Member REGULAR MEETING SEPTEMBER 9 2014 The Regular Meeting of the Board of Public Works was convened at 9:37 a.m. on Tuesday, September 9, 2014, by Board President Gary A. Gilot, with Board Members David Relos, Kathryn E. Roos, Patrick Henthorn, and Brian Pawlowski present. Also present was Board Attorney Cheryl Greene. DELAY OPENING OF BIDS — WEST WASHINGTON STREET LIGHTS — PROJECT NO. 114-044 LOSS RECOVERY FUND) Mr. Gilot noted the opening of bids on this agenda for the West Washington Street Lights, Project No. 114-044 was moved by an addendum posted and sent out to plan holders, to September 18, 2014, at 10:30 a.m. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Henthorn and carried, the Minutes of the Agenda Review Session held August 21, 2104; Regular Meeting held August 26, 2014; and Claims Review Meeting of the Board held on September 2, 2014, were approved. OPENING OF BIDS — THIRTY-FIVE (351, MORE OR LESS, BI-FUEL COMPRESSED NATURAL GAS/GASOLINE VEHICLE CONVERSIONS 2014 POLICE EQUIPMENT ACCOUNT) 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: T & A AUTO SALES, LLC DBA STAG USA 102 Main Street Elwood, IN 46036 Bid was signed by: Adam Goldstein Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding Investment with Iran, Employment Eligibility Verification, Non -Discrimination Commitment for Contractors and Certification of Use of United States Steel Products or Foundry Products was submitted. Ten percent (10%) Bid Bond was submitted. BID: Year Make Model Engine Unit Price 2015I Ford Police Interceptor AWD Sedan 13.7 $7,185.00 Upon a motion made by Mr. Gilot, seconded by Ms. Roos and carried, the above bid was referred to Central Services and the Police Department for review and recommendation. OPENING OF BIDS — ONE (I) OR MORE 2014 OR NEWER, REFURBISHED MEDIC UNIT FIRE DEPARTMENT 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 bid was opened and publicly read: CROSSROADS AMBULANCE SALES & SERVICE LLC 21912 Protecta Drive Elkhart, IN 46516