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HomeMy WebLinkAbout12/08/03 Board of Public Works Minutes0401 PUBLIC AGENDA SESSION DECEMBER 4, 2003 The Public Agenda Session of the Board of Public Works was convened at 8:05 a.m. on Thursday, December 4, 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 and Attorney John Livingston. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City staff. Remove/Add Agenda Items - Opening of Bids - Demolition of Parking Structure No. 2 (Should be on December 15, 2003 Agenda) - Opening of Bids - 2003 Street Lighting - Sunnymede/Longfellow (Should be on December 22, 2003 Agenda) - Add Title Sheet to Request to Advertise - Mishawaka Avenue Improvements Board members discussed the following item(s) from that list. - Safety Reports Mr. Sam Hensley, Street Department; Mr. Andy Wierzbicki, Water Works; and Mr. Ken Zmudzinksi, Environmental Services, presented the Safety Report for their respective department. - Monthly Reports Mr. Ken Zmudzinski, Environmental Services and Mr. Andy Wierzbicki, Water Works, presented the Monthly Report for their respective department. - Request to Purchase One (1) 2004 Medium Duty Chassis Mr. Matt Chlebowski, Central Services, requested permission to purchase a chassis for the Fire Department, which would replace a chassis which was in an accident. The cost was an extension of a bid award of April 28, 2003. Funding will be appropriated at the City Council meeting of December 8, 2003. - Request to Advertise - Procurement of Water Booster Pump Stations Mr. Ed Herman, Water Works, indicated the water booster pump stations would be located at State Road 23 and Locust Road. The side work would be completed using a construction management approach. Water Works will work with the City Engineer on the quotations. - Resolution No. 80-2003 - Write-off of Uncollectible Accounts Liz Rowe, Controller's Office, stated these uncollectible accounts were primarily for insufficient checks from the Park Department. These uncollectible accounts were a very low amount compared to 2002. - Change Order/Project Completion Affidavit - Curb and Sidewalk Program Mr. Toy Villa, Public Construction Manager, stated the increase for Zone 2 of this program was substantial, as there was a heavy demand for this construction. In addition, the project was a unit price contra. - Status Report - Clean -out of Organic Resources Lagoon No. 1 Mr. Ken Zmudzinski, Environmental Services, stated the clean -out was a two year project, located on the west end of the Organic Resources Facility near the west boundary of the South Bend Airport. The lagoon was filled with bio-solids in the 1970's, and closed in 1998 by agreement with IDEM. A five-year plan was initiated to clean up the lagoon, with a December 2003 deadline. To date, approximately 90% of the solids have been removed. 40,000 tons were estimated to be removed, however, 93,000 tons have been removed. This was due to lime -stabilized sludge, which was unforeseen. Since then, Environmental Services obtained an extension to June 30, 2004. It is estimated at $250,000 to remove the remainder. Environmental Service will meet with IDEM to resolve this matter. 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 9:39 a.m. 0402 PUBLIC AGENDA SESSION DECEMBER 4, 2003 BOARD OF PUBLIC WORKS Gary A. Gilot, President _r'lx Carl P. Littrell, Member A 0"'�Zcc (��_ Donald E. Inks, Member REGULAR MEETING DECEMBER 8.2003 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, December 8, 2003, by Board President Gary A. Gilot, with Mr. Carl P. Littrell present. Board Member Donald E. Inks was not present. Board Attorney Thomas Bodnar and Attorney John Livingston were present. ADD AGENDA ITEM Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following item was added to the agenda. - Construction Contract - Parking Structure No. 1 Repair - Kaser Spraker Construction APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the minutes of the meetings of the Board held on November 20 and 24, 2003, were approved. OPENING OF BIDS - NIMTZ PARKWAY EXTENSION AND OLIVE ROADWAY IMPROVEMENTS - PROJECT NO. 100-052 (AEDA TIFF 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: R&R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Bid was signed by Mr. William Loudin Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted .e Base Bid $2,028,726.27 Base Bid and Alternate A $2,076,901.97 1 1 0403 REGULAR MEETING Base Bid and Alternate B Base Bid and Alternate C Total Alternate A Total Alternate B Total Alternate C Base plus Alternate A&B Base plus Alternate A&C $2,354,976.27 $2,424,576.27 $ 48,175.70 $ 326,250.00 $ 395,850.00 $2,403,151.97 $2,472,751.97 SELGE CONSTRUCTION COMPANY INC 2833 South 11`' Street Niles, Michigan 49120 Bid was signed by Mr. James Boyles Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted :u Base Bid $1,978,269.24 Base Bid and Alternate A $2,023,428.14 Base Bid and Alternate B $2,262,609.14 Base Bid and Alternate C $2,249,709.14 Total Alternate A $ 45,159.00 Total Alternate B $ 284,340.00 Total Alternate C $ 271,440.00 Base plus Alternate A&B $2,307,768.14 Base plus Alternate A&C $2,294,868.14 KEVIN KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin Kelly Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted .m Base Bid $2,168,633.67 Base Bid and Alternate A $2,220,606.17 Base Bid and Alternate B $2,452,973.67 Base Bid and Alternate C $2,440,073.67 Total Alternate A $ 51,972.50 Total Alternate B $ 284,340.00 Total Alternate C $ 271,440.00 Base plus Alternate A&B $2,504,946.17 Base plus Alternate A&C $2,492,046.17 DECEMBER 8, 2003 KANKAKEE VALLEY CONSTRUCTION COMPANY INC. Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James B. Nelson Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted m REGULAR MEETING .e Base Bid $2,529,185.35 Base Bid and Alternate A $2,577,189.35 Base Bid and Alternate B $2,913,485.35 Base Bid and Alternate C $2,943,885.35 Total Alternate A $ 48,004.00 Total Alternate B $ 384,300.00 Total Alternate C $ 414,700.00 Base plus Alternate A/B/C $3,376,189.35 HRP CONSTRUCTION INC. 5777 Cleveland Road South Bend, Indiana 46628 Bid was signed by Mr. Paul Fallon Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted IC o Base Bid $2,224,849.00 Base Bid and Alternate A $2,266,969.00 Base Bid and Alternate B $2,509,189.00 Base Bid and Alternate C $2,496,289.00 Total Alternate A $ 42,120.00 Total Alternate B $ 284,340.00 Total Alternate C $ 271,440.00 Base plus Alternate A&B $2,551,309.00 Base plus Alternate A&C $2,538,409.00 BROOKS CONSTRUCTION COMPANY, INC. 625 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. William Stevens Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted .n Base Bid $2,266,850.99 Base Bid and Alternate A $2,310,248.99 Base Bid and Alternate B $2,551,190.99 Base Bid and Alternate C $2,538,290.99 Total Alternate A $ 43,396.00 Total Alternate B $ 284,340.00 Total Alternate C $ 271,440.00 Base plus Alternate A&B $2,594,588.99 Base plus Alternate A&C $2,581,688.99 RIETH RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. Eugene Yarkie Non -Collusion Affidavit was in order DECEMBER 8, 2003 1 1 F_j 0405 E REGULAR MEETING Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted m Base Bid $1,970,672.71 Base Bid and Alternate A $2,020,064.71 Base Bid and Alternate B $2,204,612.71 Base Bid and Alternate C $2,242,112.71 Total Alternate A $ 49,392.00 Total Alternate B $ 233,940.00 Total Alternate C $ 271,440.00 Base plus Alternate A&B $2,254,004.71 Base plus Alternate A&C $2,291,504.71 DECEMBER 8, 2003 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS/AWARD BID - WESTSIDE NEIGHBORHOOD PARTNERSHIP CENTER PUBLIC WORKS IMPROVEMENTS - 500-700 BLOCKS OF SOUTH BROOKFIELD - PROJECT NO. 103-006 (CDBG) 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: RIETH RILEY CONSTRUCTION COMPANY INC. 25200 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Todd Gosc Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $41,325.00 NORTHERN CONSTRUCTION SERVICES CORPORATION Post Office Box 1299 Niles, Michigan 49120 Bid was signed by Mr. Daniel Kulwicki Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $87,135.00 GIBSON-LEWIS, LLC 1001 West 11 " Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Lingenfelter Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $75,062.50 0 4 0 R REGULAR MEETING SELGE CONSTRUCTION COMPANY, INC. 2833 South I I" 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 BID: $66,460.00 MCINTYRE JONES, INC. 2526 West Sixth Street Mishawaka, Indiana 46544 Bid was signed by Mr. Jeffery Bradley Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $55,985.79 BROOKS CONSTRUCTION COMPANY, INC. 625 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. William Stevens Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $53,400.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin Kelly Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $49,775.00 DECEMBER 8, 2003 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Jason Durr, Engineering, recommends that the Board award the contract to the lowest responsive and responsible bidder, Rieth Riley Construction in the amount of $41,325.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which carried. OPENING OF BIDS/AWARD BID - NEAR WESTSIDE NEIGHBORHOOD PARTNERSHIP CENTER PUBLIC WORKS IMPROVEMENTS - LINDEN AVENUE FROM O'BRIEN TO COLLEGE - PROJECT NO. 103-007 (CDBG) 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: E 1 REGULAR MEETING SELGE CONSTRUCTION COMPANY, INC 2833 South 111" 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 BID: $116,480.00 RIETH RILEY CONSTRUCTION COMPANY INC. 25200 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Todd Gosc Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $117,839.00 DECEMBER 8, 2003 NORTHERN CONSTRUCTION SERVICES CORPORATION Post Office Box 1299 Niles, Michigan 49120 Bid was signed by Mr. Daniel Kulwicki Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $178,262.50 GIBSON-LEWIS, LLC 1001 West 11 `" Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Lingenfelter Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $140,923.00 MCINTYRE JONES, INC. 2526 West Sixth Street Mishawaka, Indiana 46544 Bid was signed by Mr. Jeffery Bradley Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $145,424.18 BROOKS CONSTRUCTION COMPANY INC. 625 South Beiger Street Mishawaka, Indiana 46544 0409 REGULAR MEETING Bid was signed by Mr. William Stevens Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $120,010.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin Kelly Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $128,945.00 DECEMBER 8, 2003 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Jason Durr, Engineering, recommends that the Board award the contract to the lowest responsible and responsive bidder, Selge Construction in the amount of $116,480.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which carried. AWARD PROPOSAL - USTFIELDS (EPA USTFIELD GRANT Ms. Tonya Zozulya, Community and Economic Development, advised the Board that on November 10, 2003, proposals were received and opened for the above referred to project. After reviewing those proposals, Ms. Zozulya recommends that the Board award the contract to Wightman Petrie Environmental, Inc., 713 South Street, South Bend, Indiana, in the amount of $53,850.00. The award was based on unit prices and the most advantageous scope of work to be performed. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the proposal be awarded as outlined above. Mr. Littrell seconded the motion which carried. APPROVAL OF REQUEST TO PURCHASE EQUIPMENT - ONE (1) 2004 MEDIUM DUTY CHASSIS - FIRE DEPARTMENT In a letter to the Board, Mr. Matthew Chlebowski, Director, Central Services, requested permission to purchase one (1) 2004 medium duty chassis from Wise International, 4849 Western, South Bend, Indiana, for the Fire Department. This is an extension of a bid award of April 28, 2003. This unit will replace the unit purchased earlier this year and was totaled in an accident. The total cost of the unit is $46,6417.17, less trade in value. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the request to purchase the 2004 medium duty chassis was approved. REQUEST TO REJECT QUOTATIONS - RIVER PARK PARTNERSHIP CENTER PUBLIC WORKS IMPROVEMENTS - PROJECT NO. 103 -0 10 (GENERAL FUND) Mr. Jason Durr, Engineering, stated the Board opened quotations for the above referred to project on November 24, 2003. All quotes were over the budgeted amount. The contract documents will be adjusted and resubmitted for new quotations on December 22, 2003. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the request to reject all quotations was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - PROCUREMENT OF WATER BOOSTER PUMP STATION AT STATE ROAD 23 AND LOCUST ROAD - PROJECT NO. 103-081 (BOND) In a memorandum to the Board, Mr. Ed Herman, Water Works, requested permission to advertise for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the request to advertise was approved. T1409 REGULAR MEETING DECEMBER 8, 2003 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - MISHAWAKA AVENUE IMPROVEMENTS/TITLE SHEET - PROJECT NO 103-009 (GENERAL FUND) In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. In addition, the Title Sheet was presented for approval. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids and the Title Sheet were approved. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT HUMBOLDT STREET IMPROVEMENTS (CDBG) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, indicating that the contract amount be decreased by $15,184.30 for a new contract sum including this Change Order in the amount of $105,940.70. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT 2003 PUBLIC WORKS PARTNERSHIP PROGRAM - ZONE 1- NORTHERN CONSTRUCTION SERVICES- PROJECT NO. 103-023 (LRSA) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 (Final) on behalf of Northern Construction Services, Post Office Box 1299, Niles, Michigan, indicating that the contract amount be increased by $15,329.46 for a new contract sum including this Change Order in the amount of $228,762.46. It was noted that this contract was a unit price contract. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT 2003 PUBLIC WORKS PARTNERSHIP PROGRAM - ZONE 2 - SELGE CONSTRUCTION - PROJECT NO. 103-023 (LRSA) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 (Final) on behalf of Selge Construction, 2833 Southl lth, Niles, Michigan, indicating that the contract amount be increased by $96,190.70 for a new contract sum including this Change Order in the amount of $275,390.70. Additionally submitted was the Project Completion Affidavit indicating this new final cost. It was noted that this was a unit price contract. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE PROJECT COMPLETION AFFIDAVIT - CLEVELAND ROAD CONCRETE PATCHES - SELGE CONSTRUCTION - PROJECT NO 103-057 (COIT) Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Selge Construction, 2833 South I I1h, Niles, Michigan, for the above referred to project, indicating a final cost of $71,567.45. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Project Completion Affidavit was approved. APPROVE CONSTRUCTION CONTRACT - GRADING AND DRAINAGE IMPROVEMENTS ON BRICK ROAD - YOUNGS EXCAVATING INC - PROJECT NO 103 071 (SEWAGE WORKS) Mr. Gilot advised that in accordance with the bid awarded on November 24, 2003, to Youngs Excavating, Inc., Post Office Box 2766, South Bend, Indiana, in the amount of $14,245.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. 4-10 REGULAR MEETING DECEMBER 8, 2003 APPROVE ADDENDUM NO. 1 - GENERAL ENVIRONMENTAL SERVICE CONTRACT - GENERAL CONSULTING INSTITUTIONAL CONTROLS AND INSURANCE RECOVERY - REMEDIATION WORK PLANS FOR AREA A AND C SOILS AND COMBINED AREAS A B AND C GROUNDWATER (STUDEBAKER CORRIDOR AND OLIVER PLOW AREA) - HULL AND ASSOCIATES, INC. Mr. Gilot advised that Ms. Ann Kolata, Community and Economic Development, has submitted the above referred to Addendum for approval, in the amount of $5,000.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Addendum was approved and executed. APPROVE AGREEMENT BETWEEN OWNER AND CONTRACT - RENOVATION OF PARKING STRUCTURE I, PHASE I - KASER SPRAKER CONSTRUCTION Mr. Gilot advised that in accordance with the bid awarded to Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana, in the amount of $372,940.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. ADOPT RESOLUTION NO. 80-2003 - WRITE OF OFF ACCOUNTS Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 80-2003 WHEREAS, the City of South Bend, through various City Departments, charged the persons listed on the attached documents for various services; and WHEREAS, the charges have not been paid to the City of South Bend after the City Legal Department notified the person who received the services; and WHEREAS, the Indiana State Board of Accounts has instructed the City to write off all uncollectible accounts after every attempt to collect them has been made; and WHEREAS, the City of South Bend, by and through its Board of Public Works, desires to write off the accounts listed on the attached documents. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bed, that the attached documents totaling $853.81 be written off to the accounts receivable of the City of South Bend as uncollectible. ADOPTED this 10`h day of December 2003. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk TABLE RESOLUTION NO. 81-2003 - BOND REPAYMENT Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Resolution was tabled. APPROVE LICENSE APPLICATIONS - PUBLIC PARKING FACILITY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following license applications were approved: Downtown South Bend, Inc. Downtown South Bend, Inc. 117 North Michigan 315 South Michigan s411 REGULAR MEETING DECEMBER 8, 2003 The above licence applications were approved and referred to the Deputy Controller's Office for issuance of a license. It was noted that the required Proof of Insurance as well as the hours and rates to be charged were attached to the applications. APPROVAL OF RECOMMENDATION - TO CONDUCT ERSKINE BOULEVARD ASSOCIATION CANDLELIGHT 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 Mr. Richard Cowper, 2720 Erskine Boulevard, South Bend, Indiana to conduct the above referred to walk, on December 13, 2003, from 6:00 p.m. to 9:00 p.m., on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVAL OF SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS/TRANSFER STATIONS Mr. Gilot stated that the following application has been received: CTA Enterprises s/b/a South Side Auto Salvage 1602 Lafayette It was noted that favorable recommendations have been received by the Fire Department and the Department of Code Enforcement. It was noted that this application was submitted on June 6, 2003, and denied by the Board of Works on August 19, 2003. Subsequent to the above, the applicant has corrected some of the problems with the Fire Department and Code Enforcement. The Findings of Fact and Action Taken were submitted to the Board. Upon a motion made by Mr. Gilot seconded by Mr. Littrell and carried, the License Applications was approved. ADOPT RESOLUTION NO. 83-2003 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 83-2003 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND RECOMMENDING APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2003 WHEREAS, one (1) scrap metal/junk dealers/transfer stations license renewal application for the year 2003 has been received by the Board of Public Works; and WHEREAS, inspections of the property have been completed by the Department of Code Enforcement, Water Works and the Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the Department of Code Enforcement, Water Works and the Fire Prevention Bureau have found that such premises are fit and proper for the maintenance and operation of such business; and WHEREAS, Chapter 4, Article 4, Section 4-51 of the Municipal Code requires adoption of a Resolution of the Board of Public Works recommending the renewal of the license applications. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the license renewal application for the following be recommended favorably based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Prevention Bureau: 412 REGULAR MEETING DECEMBER 8, 2003 CTA Enterprises d/b/a/ South Side Auto Salvage and Towing 1602 Lafayette South Bend, Indiana 46613 BE IT FURTHER RESOLVED that this Resolution shall be submitted to the Common Council for its consideration and adoption of an appropriate Resolution. DATED this 8t" day of December 2003. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF REVOKABLE PERMIT - INSTALLATION OF CANOPY - HIGHER GROUNDS, 109 WEST WASHINGTON Mr. Gilot stated a Revokable Permit has been received for the purpose of allowing a canopy at the above referred to address. The encroachment shall remain in the right of way until the time as the Board of Public Works of the City of South Bend shall determine that such encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Revokable Permit was approved. ADOPT RESOLUTION NO. 82_-2003 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (OMAR M. ABUHILAL ANNEXATION AREA Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 82-2003 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (ABUHILAL ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Table 2 on page 12 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 2.09 acres of land containing one house, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 50.8% contiguous, generally located on the west side of Portage Road, approximately 3,200 feet north of Cleveland Road, German Township, Indiana. This annexation territory will require a basic level of municipal public services of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature including, street lighting, a sanitary sewer system, a water distribution system and a storm water system; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non -capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and REGULAR MEETING DECEMBER 8, 2003 services of a capital improvement nature including street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose j obs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly at Table 2 on page 12 of Exhibit "A" (The Fiscal Plan) attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, and snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as a possible street light system, a sanitary sewer system, a water distribution system, and a storm water system, within three (3) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that sanitary sewer main lines are currently in place and available to service this annexation area; that a water main line on the west side of Portage Road has more than adequate service capacity; that street lighting will be available on any public right-of-way within the annexation area; that no street construction is required at this time; and that no drainage plan is required at this time. Adopted the 81" day of December 2003. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member FILING OF SAFETY REPORTS - DEPARTMENT OF PUBLIC WORKS The Division of Environmental Services, Street Department, Division of Engineering, Water Works and Equipment Services submitted Safety Reports for November 2003. These reports will reflect injuries/accidents for each month and provide for a comparison. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the reports were accepted and filed. FILING OF MONTHLY REPORT - ENVIRONMENTAL SERVICES Mr. Jack Dillon, Director of Environmental Services, submitted a report for the Division of Environmental Services, for the Wastewater Treatment Plant, Organic Resources, Solid Waste and t114 1A REGULAR MEETING DECEMBER 8, 2003 Sewer Repair, for the month of November 2003. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the monthly reports were accepted and filed. FILING OF MONTHLY REPORT - WATER WORKS Mr. Bob Krol, Water Works, submitted a report for the Division of Water Works for the month of November 2003. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the monthly report was accepted and filed. FILING OF STATUS REPORT - CLEAN -OUT OF ORGANIC RESOURCES LAGOON NO. 1 Mr. Ken Zmudzinski, Environmental Services, stated the clean -out was a two year project, located on the west end of the Organic Resources Facility near the west boundary of the South Bend Airport. The lagoon was filled with bio-solids in the 1970's, and closed in 1998 by agreement with IDEM. A five-year plan was initiated to clean-up the lagoon, with a December 2003 deadline. To date, approximately 90% of the solids have been removed. 40,000 tons were estimated to be removed, however, 93,000 have been removed. This was due to lime -stabilized sludge, which was unforeseen. Since then, Environmental Services obtained an extension to June 30, 2004. It is estimated at $250,000 to remove the remainder. Environmental Services will meet with IDEM to resolve this matter. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Status Report was filed. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control devices were approved: New Installation - 20 MPH Navarre, Lafayette to Portage Hospital area; Police Speed Limit Sign Department has flashing speed limit 20 mph on traffic control sign New Installation - No 4900 Washington (2 Students from Washington Parking School Days 7-4 locations) High School parking so p.m. residents cannot see. APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved and/or released as follows: BOND OF CONTRACTOR Christian Wood Christian Wood EXCAVATION BONDS Christian Wood Christian Wood Released Effective December 8, 2003 Approved Effective December 1, 2003, Pursuant to Resolution No. 100-2000 Released Effective December 8, 2003 Approved Effective December 1, 2003, Pursuant to Resolution No. :100=2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above Mr Littrell` seconded the motion which carried. 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: 1 LJ 1 ")4.15 1 11 REGULAR MEETING James E. Childs & Associates, Inc. 521 West Colfax South Bend, Indiana 46601 Paramount Environmental Services Post Office Box 427 Portage, Indiana 46368 DECEMBER 8, 2003 Northern Indiana Construction Company Post Office Box 1333 Mishawaka, Indiana 46546 Youngs Excavating, Inc. Post Office Box 2766 South Bend, Indiana 46680-2766 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 $1,242,742.96 December 1, 2003 Casteel Construction (South Bend Fire Department New Headquarters) $793,241.00 November 10, 2003 City of South Bend $2,686,665.52 December 8, 2003 DLZ Indiana (South Bend Fire and Police Headquarters) $45,384.09 November 22, 2003 DLZ Indiana (South Bend Fire Headquarters) $1,500.00 November 22, 2003 St. Joseph County Housing Consortium $667.66 December 4, 2003 St. Joseph County Housing Consortium $496.73 December 5, 2003 St. Joseph County Housing Consortium $6,771.93 December 3, 2003 St. Joseph County Housing Consortium $708.42 December 4, 2003 St. Joseph County Housing Consortium $22,000.00 December 4, 2003 St. Joseph County Housing Consortium $16,700.00 November 25, 2003 St. Joseph County Housing Consortium $11,220.00 November 25, 2003 St. Joseph County Housing Consortium $1,757.66 November 25, 2003 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell 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. Inks and carried, the meeting adjourned at 10:30 a.m. BOARD OF PUBLIC WORKS Gary Gilot, President (IkeO Z�' Carl P. Littrell, Member Z,-- Donald 4)auv �— Q E. Ynks, Me ber ATTEST:CtrvuL&P� ,�j,, ui.J/ Angela IU Jacob, 6& 1 1 L]