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HomeMy WebLinkAbout03/24/03 Board of Public Works Minutes0083 PUBLIC AGENDA SESSION MARCH 20, 2003 The Public Agenda Session of the Board of Public Works was convened at 8:00 a.m. on March 20, 2003, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City staff. Board members discussed the following item(s) from that list. - New Installation - Handicapped Accessible Parking Space Signs - 1159 East Indiana Mark Horvath, Traffic & Lighting, stated that the request does not meet criteria. The Board requested that he speak with the homeowner to find out more information for parking availability. - Request to Advertise for the Receipt of Bids - Clean Command Amplifiers Kits/Lapel Kits for Radio Interference Mr. Rick Switalski, Fire Department, stated that the Fire Department has received a grant in the amount of 70% for purchase of these items and the Fire Department budget will cover the remaining 30%. These items must be compatible with the Motorola radios. - Request to Extend Traffic Paint Bid Mr. George Zana, Purchasing, stated that ICI Dulux approached the City requesting an extension of traffic paint bid prices. This bid was let in 2002, and was awarded to ICU Dulux. The 2002 prices and conditions will remain the same for 2003. Mr. Zana will check with Traffic and Lighting to see if this product has been satisfactory. - Request to Advertise for the Receipt of Bids - Chemicals for Wastewater Treatment Plant Mr. Bob Toppel, Wastewater Treatment Plant, stated this bid is the same as in past years. The Board requested Mr. Toppel to check into the homeland security information to be added to future specifications, and to possibly partner with the Water Works for bid letting of chemicals in the future. - Final Change Order/Project Completion Affidavit - South Michigan Street Improvements Mr. Toy Villa, Public Construction Manager, stated that the overrun was due to a design error, which was "not reasonably foreseeable". - Standard Form of Agreement - Fire Station No. 9 - The Troyer Group This Agreement will be approved in the amount not to exceed $31,683.00, which includes the site selection and schematic design only. - Supplemental Agreement - Chapin Street Reconstruction - American Consulting Funding for this project is appropriated from the 2003 LRSA. - Standard Form of Agreement - Fire Station No. 2 - MPA Architects This Agreement will be approved in the amount not to exceed $69,000.00, which includes document development and schematic design only. - License Agreement - Pole Attachment (ERUV) - Indiana Michigan Power Mr. Carl Littrell will continue discussions with Dr. Goodman confirming the poles and attachments to be used in this Agreement. - Recommendation to Close Street - Washington from Notre Dame Avenue to St. Peters Street - Block Party History for this yearly block parry indicates problems in this area. The Board will continue discussion at the regular meeting. - Recommendation - Alley Vacation - Near 1200 Block West Jefferson The Fire Department stated they will not be able to maneuver the fire trucks in this alley if it is vacated. The Clerk will forward all concerns and recommendations to the petitioner. 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 10:20 a.m. • PUBLIC AGENDA SESSION ITINJI TEST:�� ^^,/ W Angelg K. Jacob, Clerk MARCH 20, 2003 BOARD OF PUBLIC WORKS Gary A. Gilot, President L" Carl P. ittrell, Member Donald E. Inks, Member REGULAR MEETING MARCH 24, 2003 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, March 24, 2003, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the minutes of the agenda session and the regular meeting of the Board held on March 6 and March 10, 2003, were approved. In addition, the minutes of the Special Meeting held on March 17, 2003 were approved. OPENING OF BIDS - ADDED TRAVEL LANES ON CLEVELAND FROM MAYFLOWER TO RALPH JONES DRIVE - PROJECT NO. 103-031 This was the date set for receiving and opening of sealed bids for the above referred to 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: :D SELGE CONSTRUCTION COMPANY, INC. 2833 South I It' Street Niles, Michigan 49120 Bid was signed by Mr. John Szuba Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Subtotal Page 1 Subtotal Page 2 Subtotal Page 3 $ 167,736.95 $ 25,232.20 $1,103,841.05 Total Bid: $1,296,810.20 0085 1 REGULAR MEETING RIETH-RILEY CONSTRUCTION COMPANY, INC. Post office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. Christopher Weinkauf Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Subtotal Page 1 Subtotal Page 2 Subtotal Page 3 Total Bid: $1,281,539.50 $ 152,903.50 $ 23,217.50 $1,457,660.50 WALSH CONSTRUCTION COMPANY OF ILLINOIS 2749 North State Road 39 LaPorte, Indiana 46350 Bid was signed by Mr. Jeffery Dunifon Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted := Subtotal Page 1 Subtotal Page 2 Subtotal Page 3 Total Bid $1,331,842.00 $ 220,760.00 $ 34,327.00 $1,586,929.00 MARCH 24, 2003 KANKAKEE VALLEY CONSTRUCTION COMPANY, INC. Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James Nelson Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted :10 Subtotal Page 1 Subtotal Page 2 Subtotal Page 3 $1,400,529.09 $ 220,829.70 $ 29,688.00 Total Bid: $1,651,046.75 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - ONE (1) MORE OR LESS, 2003 MEDIUM DUTY CHASSIS - FIRE DEPARTMENT This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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: REGULAR MEETING WISE INTERNATIONAL TRUCKS, INC. 4849 Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Kenneth Waite Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted MARCH 24, 2003 Trade in 1993 International Ambulance for a 2003 International 4300 Unit Price $46,647.17 Less Trade -In -$ 2,750.00 Total Cost $43,897.17 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bid was referred to Equipment Services for review and recommendation. AWARD BIDS - SALE OF ABANDONED VEHICLES Mr. Gary Libbey, Code Enforcement, advised the Board that on March 10, 2003, bids were received and opened for the above referred to vehicle. After reviewing those bids, Mr. Libbey recommends that the Board award the bids to the highest Bidders as follows: INDIANA AUTO PARTS 3300 South Main Street South Bend, Indiana 46614 No. Make of Vehicle Year Vin # Bid 6 MERCURY 1982 1MEBP90D2CH612412 $ 20.50 7 CADILLAC 1989 IG6KS5153KU804737 $ 85.50 11 SAAB 1986 YS3AD35L1G2022691 $ 20.50 12 CHEVROLET 1992 2G1WN54X5N9244393 $165.50 TOTAL THOMAS STACK 7772 Wes County Line Road Grovertown, Indiana 46563 $292.00 No. Make of Vehicle Year Vin # Bid 1 PONTIAC 1989 1G2JD11KXK7583416 $ 26.00 2 FORD 1991 1FAPP10J8MW372820 $ 62.00 EAGLE 1997 2E3HD66F3VH518011 $426.00 4 VOLKSWAGEN 1988 9BWBA0300JP025996 $ 21.00 5 CHEVROLET 1991 1G1JC14G8M7184098 $ 78.00 9 HONDA 1986 1HGBA534XGA163486 $ 38.00 10 CHEVROLET 1998 1 1 GNDX06E1 WD222572 $426.00 TOTAL $1,077.00 1 1 0097 r i i 1 U REGULAR MEETING DEBRA BOTHWELL 31380 State Road 4 North Liberty, Indiana 46554 MARCH 24, 2003 No. Make of Vehicle Year Vin # Bid 8 FORD 1988 1FTCRI1TXJUA79964 $156.50 TOTAL $156.50 APPROVAL OF REQUEST TO EXTEND BID AWARD - TRAFFIC PAINT PRICES - ICI DULUX In a memorandum to the Board, Mr. George Zana, Purchasing, stated that ICI Dulux Paints was awarded the traffic paint portion of the 2002 paint bids. The volume was 5,500 gallons at $5.51 per gallon, for a total of $30,305.00. They have contacted the City and proposed to supply the traffic paint at the same price and conditions as the 2002 award. Mr. Zana recommended approving the 2002 bid extension of traffic paint. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to extend traffic paint prices from 2002 through 2003 was approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Catherine Brucker, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately fourteen (14) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - TWO HUNDRED SIXTY 260) MORE OR LESS, CLEAR COMMAND AMPLIFIER KIT W/MICROPHONE AND NINETY-TWO (92) MORE OR LESS, PTT LAPEL KITS FOR RADIO INTERFERENCE - SOUTH BEND POLICE DEPARTMENT In a memorandum to the Board, Fire Chief Luther Taylor requested permission to advertise for the receipt of bids for the above referred to items. Therefore, upon a motion made by Gilot, seconded by Mr. Inks and carried the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - LIQUID CHLORINE, LIQUID SULFUR DIOXIDE, DRY POLYMER FLOCCULENT AND LIQUID FERROUS CHLORIDE - WASTEWATER TREATMENT PLANT In a memorandum to the Board, Mr. Robert Toppel, Environmental Services, requested permission to advertise for the receipt of bids for the above referred to chemicals. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - FIFTY (50) MORE OR LESS RUGGEDIZED LAPTOP MOBILE COMPUTERS - SOUTH BEND POLICE DEPARTMENT In a memorandum to the Board, Assistant Chief Gary Horvath, Police Department, requested permission to advertise for the receipt of bids for the above referred to laptop mobile computers. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CORRIDOR IMPROVEMENTS - MIAMI STREET FROM EWING TO CALVERT/TITLE SHEET - PROJECT NO. 103-001 In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to corridor improvements. In addition, the Title Sheet for this project was presented for approval. Therefore, upon a motion made by Mr. Gilot, seconded by k)t08$ REGULAR MEETING MARCH 24, 2003 Mr. Inks and carried the request to advertise for the receipt of bids and the Title Sheet were approved. APPROVE CHANGE ORDER - OLIVER PLOW DEMOLITION - PHASE II - BIANCHI INDUSTRIAL SERVICES, INC. - PROJECT NO, 100-092B Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 2, on behalf of Bianchi Industrial Services, Inc., 208 Longbranch Road, Suite 300, Syracuse, New York, indicating that the Contract amount be increased by $108,703.26 for a new Contract sum including this Change Order in the amount of $1,803,703.26. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - SOUTH MICHIGAN STREET IMPROVEMENTS - L.L. GEANS - PROJECT NO. 102-007 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of L.L. Geans, 1923 North Home Street, Mishawaka, Indiana, indicating that the contract amount be increased by $69,256.69 for a new contract sum including this Change Order in the amount of $288,220.38. Mr. Bodnar, stated the total change orders issued that increase the scope of the project may not exceed 20% of the amount of the original contract. A change order issued as a result of circumstances that could have been reasonably foreseen does not increase the scope of the project. In this case, the successful and all other bidders read the verbal description but relied on the numbers our engineer provided as to the amount of sidewalk removal, pouring a new sidewalk, etc. The figures were correct, as apparently, at least for some blocks, on one side of the street must not have been counted. This is not the typical circumstances to which the "not reasonably foreseen" exception applies. However, this was not an obvious mistake. The highest of the bids was not more than 15% higher than the lowest. There is no question that the contractor has performed the work and that the cost per square foot is not greater than in the original contract. The magnitude of the mistake is unprecedented and thus not reasonably foreseeable and therefore qualifies as an exception to the 20% rule. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Final Change Order and the Project Completion Affidavit were approved subject to filing of the appropriate three- year Maintenance Bond. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - SOUTHEAST NEIGHBORHOOD DEMOLITIONS - WARNER & SONS - PROJECT NO 103- 024 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of Warner & Sons, 29099 US Highway 33, Elkhart, Indiana, with no monetary change, and the contract sum including this Change Order in the amount of $17,450.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Final Change Order and the Project Completion Affidavit were approved subject to filing of the appropriate three-year Maintenance Bond. APPROVE CERTIFICATE OF COMPLETION AND FINAL WAIVER OF LIEN - PUBLIC WORKS SERVICE CENTER - KEN HERCEG & ASSOCIATES - PROJECT NO 101-001 Mr. Gilot advised that Mr. Littrell, City Engineer, has submitted the Certificate of Completion and Final Waiver of Lien, for the above referred to project, indicating a final cost of $6,795,558.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Completion and Final Waiver of Lien were approved. ADOPT RESOLUTION NO.24-2003 APPOINTING AN APPRAISER FOR 52600 OLIVE ROAD Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING MARCH 24, 2003 RESOLUTION NO. 24-2003 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPOINTING APPRAISERS WHEREAS, the South Bend Common Council has before it a Resolution relating to the acquisition of Real Property; and WHEREAS, this evening, the South Bend Common Council has before it a Resolution whereby it would express the interest of South Bend in purchasing property commonly known as 52600 Olive Road, South Bend, Indiana, and more particularly described as: A PARCEL OF LAND DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 19, TOWNSHIP 38 NORTH, RANGE 2 EAST; THENCE NORTHERLY 2855.36 FEET TO A POINT BEING THE INTERSECTION OF THE WESTERLY LINE OF SAID SECTION AND THE CENTER LINE OF INDIANA EAST AND WEST TOLL ROAD; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TOLL ROAD 1019.36 FEET TO A POINT; SAID POINT BEING THE INTERSECTION OF OLIVE ROAD AND SAID TOLL ROAD; THENCE SOUTHERLY ALONG THE CENTER LINE OF OLIVE ROAD 876.28 FEET TO THE POINT OF BEGINNING; THENCE EASTERLY 200 FEET TO A POINT; THENCE SOUTHERLY 120 FEET TO A POINT; THENCE WESTERLY 200 FEET TO A POINT; THENCE NORTHERLY 120 FEET TO THE POINT OF BEGINNING; and WHEREAS, if the Resolution of the Common Council is passed, I.C. 36-1-10.5-5 requires that two (2) appraisers be appointed to appraise the fair market value of the Real Property; and WHEREAS, it is in the best interest of South Bend that the appraisers be appointed and the appraisals received as soon as possible. NOW, THEREFORE, BE IT RESOLVED by the South Bend Board of Public Works as follows: Section I. The Board of Public Works appoints the following: l . Jerome E. Michaels 2. R.E. Pitts all of whom are professionally engaged in the making of appraisals, to appraise the property at 52600 Olive Road, pursuant to I.C. 36-1-10.5-5(2). Section II. That this appointment is contingent upon the passage by the South Bend Common Council at its regularly scheduled meeting on March 24, 2003, of a Resolution expressing interest in purchasing said property. ADOPTED this 25' day of March, 2003. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Don E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO.25-2003 APPOINTING AN APPRAISER FOR 52600 OLIVE ROAD Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: 3090 REGULAR MEETING RESOLUTION NO. 25-2003 MARCH 24, 2003 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPOINTING APPRAISERS WHEREAS, the South Bend Common Council has before it a Resolution relating to the acquisition of Real Property; and WHEREAS, this evening, the South Bend Common Council has before it a Resolution whereby it would express the interest of South Bend in purchasing property commonly known as 52650 Olive Road, South Bend, Indiana, and more particularly described as: A LOT OR PARCEL OF LAND IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION NO. 19, TOWNSHIP NO. 38 NORTH, RANGE NO. 2 EAST DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION NO. 19; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 2855.36 FEET TO THE POINT OF INTERSECTION OF SAID SECTION NO. 19 WITH THE CENTERLINE OF THE INDIANA EAST -WEST TOLL ROAD, A CENTER LINE SURVEY OF WHICH IS RECORDED IN PLAT BOOK 19A, PAGES 1 TO 22 INCLUSIVE IN THE OFFICE OF THE RECORDER OF ST. JOSEPH COUNTY, INDIANA; THENCE EASTERLY ALONG THE CENTER LINE OF SAID TOLL ROAD A DISTANCE OF 1019.36 FEET TO A POINT, SAID POINT BEING THE INTERSECTION OF OLIVE ROAD WITH SAID TOLL ROAD; THENCE SOUTH ALONG THE CENTERLINE OF SAID OLIVE ROAD A DISTANCE OF 996.28 FEET TO THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE EAST 200 FEET; THENCE SOUTH 100 FEET; THENCE WEST 200 FEET; THENCE NORTH 100 FEET TO THE PLACE OF BEGINNING, CONTAINING 0.458 ACRES, MORE OR LESS. WHEREAS, if the Resolution of the Common Council is passed, I.C. 36-1-10.5-5 requires that two (2) appraisers be appointed to appraise the fair market value of the Real Property; and WHEREAS, it is in the best interest of South Bend that the appraisers be appointed and the appraisals received as soon as possible. NOW, THEREFORE, BE IT RESOLVED by the South Bend Board of Public Works as follows: Section I. The Board of Public Works appoints the following: 1. Jerome E. Michaels 2. R.E. Pitts all of whom are professionally engaged in the making of appraisals, to appraise the property at 52650 Olive Road, pursuant to I.C. 36-1-10.5-5(2). Section II. That this appointment is contingent upon the passage by the South Bend Common Council at its regularly scheduled meeting on March 24, 2003, of a Resolution expressing interest in purchasing said property. ADOPTED this 25th day of March, 2003. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ATTEST: s/Angela K. Jacob, Clerk s/Gary A. Gilot, President s/Carl P. Littrell. Member s/Donald E. Inks, Member 0091 REGULAR MEETING MARCH 24, 2003 ADOPT RESOLUTION NO.26-2003 APPOINTING AN APPRAISER FOR 24514 CLEVELAND ROAD Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 26-2003 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPOINTING APPRAISERS WHEREAS, the South Bend Common Council has before it a Resolution relating to the acquisition of Real Property; and WHEREAS, this evening, the South Bend Common Council has before it a Resolution whereby it would express the interest of South Bend in purchasing property commonly known as 24514 Cleveland Road, South Bend, Indiana, and more particularly described as: A PART OF THE EAST ONE-HALF ('/2) OF THE NORTHWEST QUARTER (1/4) OF SECTION 30, TOWNSHIP THIRTY-EIGHT (38) NORTH, RANGE TWO (2) EAST, DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF THE SAID EAST HALF ('/2) OF THE NORTHWEST QUARTER (1/4) RUNNING THENCE SOUTH ALONG THE EAST LINE OF SAID NORTHWEST QUARTER (1/4) 660 FEET; THENCE WEST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER (1/4) 660 FEET; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER (1/4) 660 FEET; THENCE EAST ALONG THE NORTH LINE OF THE SAID NORTHWEST QUARTER (1 /4) 660 FEET TO THE PLACE OF BEGINNING, CONTAINING TEN (10) ACRES, MORE OR LESS, AND SUBJECT TO LEGAL HIGHWAYS. WHEREAS, if the Resolution of the Common Council is passed, I.C. 36-1-10.5-5 requires that two (2) appraisers be appointed to appraise the fair market value of the Real Property; and WHEREAS, it is in the best interest of South Bend that the appraisers be appointed and the appraisals received as soon as possible. NOW, THEREFORE, BE IT RESOLVED by the South Bend Board of Public Works as follows: Section I. The Board of Public Works appoints the following: 1. Jerome E. Michaels 2. R.E. Pitts all of whom are professionally engaged in the making of appraisals, to appraise the property at 24514 Cleveland Road, pursuant to I.C. 36-1-10.5-5(2). Section II. That this appointment is contingent upon the passage by the South Bend Common Council at its regularly scheduled meeting on March 24, 2003, of a Resolution expressing interest in purchasing said property. ADOPTED this 25`h day of March, 2003. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Don E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk REGULAR MEETING MARCH 24, 2003 APPROVE COMMUNITY DEVELOPMENT CONTRACTS The following Community Development Contracts were presented to the Board for approval: 2003 Emergency Shelter Grant Youth Service Bureau $5,460.00 2003 Emergency Shelter Grant YWCA $12,380.00 2003 Emergency Shelter Grant AIDS Ministries $2,460.00 2003 Emergency Shelter Grant Center for the Homeless $12,360.00 Grant Agreement - General Operations Minority and Women Business Development Council $20,000.00 Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above referred to Contracts were approved and executed. APPROVAL OF PROPOSAL - REAL ESTATE APPRAISAL SERVICES - FM STONE COMMERCIAL Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and FM Stone Commercial, 421 South Second Street, Elkhart, Indiana, for services in the south side economic development area. Mr. Gilot noted that the Proposal is in the amount not to exceed $1,200.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposal was approved and executed. TABLE PROPOSALS - TITLE WORK/APPRAISALS/SURVEY - INDIANA AUTO PARTS IN THE SAMPLE WING DEVELOPMENT AREA - MERIDIAN TITLE/JEROME E. MICHAELS & ASSOCIATES/R.E. PITTS & ASSOCIATES/WIGHT MAN PETRIE INC. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposals were tabled. TABLE PROPOSAL - SCOPE OF SERVICES/STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT - FIRE STATION NO. 9 - THE TROYER GROUP Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposal was tabled. TABLE AGREEMENT - SUPPLEMENTAL AGREEMENT NO 1 - CHAPIN STREET RECONSTRUCTION - WASHINGTON STREET TO LINCOLNWAY - AMERICAN CONSULTING, INC. - PROJECT NO. 101-002 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was tabled. TABLE SUPPLEMENTAL AGREEMENT - STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT - NEW FIRE STATION NO.2 - MPA ARCHITECTS Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was tabled. APPROVAL OF AGREEMENT - EXTENSION TO THE 2002 WEST SIDE HOUSING REPAIR AND IMPROVEMENT PROGRAM - 534 SOUTH BROOKFIELD Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Mr. Delbert Buchner, 534 South Brookfield, South Bend, Indiana, for an extension for housing repair and improvement. Mr. Gilot noted that the Agreement is of no cost to the City for the extension (extends grant of $5,250.00 approved on 12/19/02). Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF LICENSE AGREEMENT - POLE ATTACHMENT/1NDIANA MICHIGAN POWER COMPANY AND AGENCY AND INDEMNITY AGREEMENT (ERUV) Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Indiana Michigan Power Company for Pole Attachments for the South Bend ERUV Association. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed. E 1 093 REGULAR MEETING MARCH 24, 2003 APPROVE AGENCY CONTRACT FOR PARTICIPATION - AMERICORPS - UNITED WAY OF ST. JOSEPH COUNTY Mr. Gilot advised that the Board is in receipt of a Contract between the City of South Bend and United Way of St. Joseph County, for participation in the AmeriCorps Program. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and executed. APPROVE CONSTRUCTION CONTRACT - FENCING AT TECH DATA - DIVISION "A" - CAL -PRO FENCE COMPANY - PROJECT NO. 103-023 Mr. Gilot advised that the Board is in receipt of a Construction Contract between the City of South Bend and Cal -Pro Fence Company, 1700 West Ford Street, South Bend, Indiana, for the above referred to project. It was noted that this Contract is in the amount of $61,831.00. Therefore upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and executed. DENY REQUEST - TO CLOSE STREET - WASHINGTON FROM NOTRE DAME AVENUE TO ST. PETERS STREET - BLOCK PARTY Mr. Gilot stated that unfavorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Matthew Hyde, 819 East Washington Street, South Bend, Indiana, to conduct the above referred to block party on April 26, 2003 from 11:00 a.m. until 9:00 p.m. Mr. Hyde was present and stated he has hired security for this event and that the block party would be held during the daytime hours. He also stated he would work with the City to comply with whatever means necessary. Mr. Gilot advised Mr. Hyde that he could reapply with written proof from the Police Department that offered assurance all problems addressed by the Police Department would be resolved. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was denied. APPROVAL OF RECOMMENDATION - TO CONDUCT THE NATIONAL MULTIPLE SCLEROSIS WALK Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Dawn Czarnik, 232 West Joliet Street, Schererville, Indiana to conduct the above referred to walk on May 10, 2003, from 11:00 a.m. until 11:30 a.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF LICENSE APPLICATION FOR MASSAGE ESTABLISHMENT - SALON NOUVEAU - 1733 NORTH IRONWOOD Mr. Gilot stated that the Board is in receipt of favorable recommendations from Ms. Cheryl Capelin, 1733 North Ironwood, South Bend, Indiana for a License Application for a Massage Establishment. Favorable recommendations were received from the Fire Department, Police Department, Building Commissioner and the Police Department. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the License Application was approved. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY NEAR 1200 BLOCK WEST JEFFERSON BOULEVARD Mr. Gilot indicated that Mr. & Mrs. Bobby Newbill, 1217 West Jefferson Boulevard, South Bend, Indiana, submitted a request for an alley vacation near the 1200 block West Jefferson. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Bureau of Sanitation, Department of Economic Development, and the Department of Public Works. The Area Plan Commission recommends denial of this request. This alley serves as access not only for the adjoining properties, but also the multi- family complex located on the northern half of the block. Vacating this alley will make it more difficult for the residents of this complex to access their parking area. The Fire Department concurs. Engineering stated that if the alley were to be vacated, the petitioner will be responsible for closing the curb and sidewalk. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Board instructed the Clerk of the Board to forward a letter to the homeowner advising them of the recommendations and comments. REGULAR MEETING MARCH 24, 2003 REQUEST TO PURCHASE SIX (6) PROPERTIES - 3821 WASHINGTON - 2416 ORANGE -137 NORTH OLIVE - 314 PINE - 209 SOUTH MEADE - 2603 WEST LAWTON In a letter to the Board, Mr. Larry Magliozzi, Community and Economic Development, requested permission from the Board to purchase properties at 3821 Washington, 2416 Orange, 137 North Olive, 314 Pine, 209 South Meade and 2603 West Lawton. Mr. Magliozzi advised that he will be using the property for future City projects. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the request was approved. GRANT OF EASEMENT - WATER MAIN EXTENSION - NEAR ST. JOSEPH HIGH SCHOOL Mr. Littrell stated a Grant of Easement near the St. Joseph High School was granted to Water Works allowing access to the water main that is constructed at this location. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Grant of Easement was approved. APPROVAL OF AGREEMENT FOR TEMPORARY RIGHT OF ENTRY Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement for Temporary Right of Entry for the property at Tech Data Corporation was approved. APPROVE WASTEWATER DISCHARGE PERMITS/2002 PRETREATMENT PROGRAM ANNUAL REPORT In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Wastewater Discharge Permits and recommended approval. In addition, the 2003 Pretreatment Program Annual Report was presented to the Board. Unifrax Corporation 54401 Smilax Road New Carlisle, Indiana 46552 Monarch Textile Rental Services 2810 Foundation Drive South Bend, Indiana 46628 McCormick & Company, Inc. 3425 West Lathrop Drive South Bend, Indiana 46628 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Industrial Wastewater Discharge Permit renewals were approved, and the 2002 Pretreatment Program Annual Report was filed. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following traffic control devices were approved: Relocate - Reserved From 227 West Jefferson to All requirements have been Accessible Parking Space 112 Lafayette Boulevard met. Signs New Installation - 1302 North Adams All requirements have been Handicapped Accessible met. Parking Space Signs Removal - Handicapped 3566 Langley Drive Homeowner deceased. Accessible Parking Space Signs FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Certificates of Insurance were accepted for filing: Selge Construction Moore's Concrete Construction 2833 South I It' Street 313 Jefferson Street Cl 11 J095 [J Niles, Michigan 49120 REGULAR MEETING J&K Service, Inc 64550 Oak Road Lakeville, Indiana 46536 Walsh & Kelly, Inc. 1700 East Main Street South Bend, Indiana 46628 Griffith, Indiana 46319-2999 MARCH 24, 2003 APPROVE EXCAVATION BOND Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Excavation Bond be approved as follows: EXCAVATION BOND Jess Howard Electric Company Approved Effective March 18, 2003, Pursuant to Resolution No. 100-2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mr. Inks seconded the motion which carried. APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the Board for approval: Name Amount of Claim Date City of South Bend $2,740,361.88 March 17, 2003 St. Joseph County Housing Consortium $16,500.00 February 26, 2003 St. Joseph County Housing Consortium $104.50 February 26, 2003 St. Joseph County Housing Consortium $110.00 February 26, 2003 St. Joseph County Housing Consortium $1,513.59 February 26, 2003 St. Joseph County Housing Consortium $2,018.29 February 27, 2003 St. Joseph County Housing Consortium $72.78 February 26, 2003 St. Joseph County Housing Consortium $16,500.00 February 26, 2003 St. Joseph County Housing Consortium $33,000.00 February 26, 2003 Gibson Lewis - Olive Street Pumping Station $146,548.69 March 10, 2003 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks seconded the motion which carried. RECESS There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting recessed at 10:32 a.m. AT�ST: Angela K. Jacob, Cle BOARD OF PUBLIC WORKS &Lin Gary A. Gilot, President REGULAR MEETING MARCH 25, 2003 The regular meeting of the Board of Public Works was reconvened at 8:10 a.m. on Tuesday, March 25, 2003, by the Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald Inks present. Also present was Boar Attorney Thomas Bodnar. APPROVAL OF AGREEMENT - SCOPE OF SERVICES/STANDARD FORM OF AGREEMENT BETWEEN OWNER AND ARCHITECT - FIRE STATION NO 9 - THE TROYER GROUP Mr. Gilot advised that the Board is in receipt of an Agreement between the City of South Bend and The Troyer Group, 550 Union Street, Mishawaka, for a scope of services for Fire Station No. 9. It is noted that this Agreement is in the amount of $31,683.00. It is further noted that services to be provided include site selection and schematic design only. Therefore, upon a motion made by Mr. Gilot seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 - CHAPIN STREET RECONSTRUCTION - WASHINGTON STREET TO LINCOLNWAY - AMERICAN CONSULTING, INC. - PROJECT NO. 101-002 Mr. Gilot stated that the Board is in receipt of Supplemental Agreement No. 1 between the City of South Bend and American Consulting, Inc., 300 North Michigan Street, South Bend, Indiana, for additional engineering services. Mr. Gilot noted that the Agreement is in the amount of $18,858.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF STANDARD FORM AGREEMENT BETWEEN OWNER AND ARCHITECT - NEW FIRE STATION NO.2 - MPA ARCHITECTS Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and MPA Architects, 218 South Francis, South Bend, Indiana, for development and design of Fire Station No. 2. Mr. Gilot noted that the Agreement is in the amount of $69,000.00 which is for document development and schematic design only. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed. TABLE RESOLUTION NO.27-2003 - AUTHORING OFFER TO PURCHASE FOR 52600 OLIVE ROAD Upon a motion made by Mr Gilot, and seconded by Mr. Littrell and carried the above referred to Resolution was tabled. TABLE RESOLUTION NO. 28-2003 - APPOINTING AN APPRAISER FOR 52600 OLIVE ROAD Upon a motion made by Mr Gilot, and seconded by Mr. Littrell and carried the above referred to Resolution was tabled. TABLE RESOLUTION NO.29-2003 - APPOINTING AN APPRAISER FOR 24514 CLEVELAND ROAD Upon a motion made by Mr Gilot, and seconded by Mr. Littrell and carried the above referred to Resolution was tabled. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot seconded by Mr. Inks and carried, the meeting adjourned at 8:31 a.m. BOARD OF PUBLIC WORKS h-4-4�j"�+— Gary �,,Gilot, President ATTEST: —� is /I/ �� Car . Littrell, Member Angela I .Jacob, CIA (� Donald E. Inks, Member