Loading...
HomeMy WebLinkAbout07/22/02 Board of Public Works MinutesREGULAR MEETING JULY 22, 2002 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, July 22, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. ADD AGENDA ITEM Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following item was added to the agenda: - Certificate of Substantial Completion - Robert Bosch Facilities Upgrade -Phase I OPENING OF BIDS - MISHAWAKA AVENUE STREETSCAPE - TWYCKENHAM TO ESTHER STREET - PROJECT NO. 102-009 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: WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 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: $83,520.50 CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Bid was signed by Mr. R.V. Casteel Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $98,220.00 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: $71,765.00 NILES CONCRETE SAWING & CONSTRUCTION, INC. Post Office Box 1299 Niles, Michigan 49120 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: $102,104.30 REGULAR MEETING L.L. GEANS CONSTRUCTION COMPANY 1923 North Home Street Mishawaka, Indiana Bid was signed by Mr. Rocky Geans Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $93,232.85 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: $94,768.00 JULY 22.2002 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 - ONE (1) MORE OR LESS, ONE YARD FRONT END RUBBER TIRE LOADER 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 bids were opened and publicly read: MACALLISTER MACHINERY COMPANY, INC. 7515 East 301h Street Indianapolis, Indiana 46219 Bid was signed by Mr. Michael Gentry Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted One (1) New Caterpillar 906 CWL $66,222.00 Preventative Maintenance $ 4,199.51 Less Municipal Discount $ 9,501.00 Trade -In $15,000.00 Total $45,920.51 One (1) New Caterpillar 908 CWL $71,802.00 Preventative Maintenance $ 4,199.51 Less Municipal Discount $ 8,611.00 Trade -In $15,000.00 Total $52,390.51 It was noted that MacAllister Machinery bid a 902 CWL Caterpillar, but did not submit a Bid Bond for this equipment. The Bid is considered non -responsive and non -responsible, therefore, was not read. 1 61712 REGULAR MEETING JULY 22, 2002 MACDONALD MACHINERY COMPANY, INC. 3911 Limestone Drive Fort Wayne, Indiana 46809 Bid was signed by Mr. Melvin Crago Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted .D One (1) 2002 Case 221D $62,900.00 Trade -In $10,000.00 Material Weighting System $ 4,350.00 Warranty As Submitted for 24, 26, 48 and 60 months BRANDEIS MACHINERY & SUPPLY COMPANY 3160 Youngs Court South Bend, Indiana 46614 Bid was signed by Mr. Kevin Wolford Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted e One (1) 2002 Komatsu WA95-3 Trade -In Material Weighing System Automatic Ride Control Air Suspension Seat Warranty $63,100.00 $13,500.00 $ 6,570.00 $ 1,225.00 $ 2,100.00 As Submitted 24, 36, 48 and 60 months HOLT EQUIPMENT COMPANY LLC 25166 West State Road #2 South Bend, Indiana 46619 Bid was signed by Mr. Dale Brindley Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted .e One (1) Wheel Loader/Model 304H Deere $77,500.00 Trade In $11,000.00 Total $66,500.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to Central Services for review and recommendation. TABLE AMENDMENT TO AGREEMENT- ADDITIONAL CONSULTING SERVICES - KEN HERCEG & ASSOCIATES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Amendment was tabled. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control device was approved: REGULAR MEETING Installation - No Parking Signs JULY 22, 2002 East side of Riverside Drive between Bartlett and Navarre Completion of Project APPROVAL OF RELEASE OF UTILITY EASEMENT RIGHTS - VORDEN COURT Mr. Michael Danch, Danch, Harrier & Associates, 2422 Viridian Drive, South Bend, Indiana, submitted a request for a release of utility easement rights, on behalf of their client, Tech Data, to release any easement rights in the proposed vacated Vorden Court, as submitted. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Release of Utility Easement Rights was approved. APPROVAL OF PERMANENT EASEMENT - LOTS 1 AND 2 RUBY PLAZA MINOR SUBDIVISION A request for a permanent easement in order to access, maintain and repair a storm sewer pipe located on the western and southern property line of the Ruby Plaza Minor Subdivision, as submitted by Drive & Shine Development, was submitted to the Board for approval. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Permanent Easement was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION - ROBERT BOSCH FACILITIES UPGRADE - PHASE I - KASER SPRAKER CONSTRUCTION - PROJECT NO. 101-046 Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted the Certificate of Substantial Completion on behalf of Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana, for the above referred to project, indicating a final cost of $1,917,615.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Substantial Completion was approved. RATIFICATION OF PREVIOUSLY APPROVED ITEMS Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following agenda items were ratified. It was noted these agenda items were approved by the Board of Public Works at the agenda session held on July 18, 2002. 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 10:00 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl P. Littrell, Member k, �, �, �-- � �L - Donald E. Inks, Member A T,ST: Angela K. J c b, Clerk REGULAR MEETING JULY 22, 2002 The public agenda session of the Board of Public Works was convened at 8:00 a.m. on Thursday, July 18, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. AGENDA ITEMS ADDED/CHANGED Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following items were added/changed: - Change Order - Robert Bosch Facilities Upgrade - Added - Item No. 13 Changed to Read "Substitute Resolution No. 37-2002" APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the minutes of the regular meeting of the Board held on July 8, 2002, were approved. AWARD BID - ONE (1) POSITIVE DISPLACEMENT JET RODDER MACHINE Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on June 10, 2002, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to the lowest responsible and responsive bidder, Deed's Equipment, 2203 Michigan, Plymouth, Indiana, in the amount of $188,929.00. 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 BID - ONE (1) 2002 PORTABLE ROTARY SCREW AIR COMPRESSOR Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on June 10, 2002, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to the lowest responsible and responsive bidder, Northern Equipment Company, Inc.,16465 West Lincolnway Highway, Plymouth, Indiana, in the amount of $10,494.00. MacDonald Machinery Company, Inc. 2002 Ingersoll-Rand P90 $9,600.00 Total $9,600.00 Reason for rejection of bid Non -responsive for the following reasons: Incomplete bid package. Did not include Form 95. MacDonald Machinery Company, Inc. 2002 Ingersoll-Rand P110 $9,860.00 Total $9,860.00 Reason for rejection of bid. Non -responsive for the following reasons: Incomplete bid package. Did not include Form 95. ***Northern Equipment Company, Inc. 2002 Atlas Copco, XAS 46DD $10,494.00 Total $10,494.00 Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. AWARD BID - ONE (1) HORIZONTAL GRINDER Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on July 8, 2002, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to the lowest responsible and responsive bidder, C&S Equipment Sales, Inc., 6511 State Road 205, LaOtto, Indiana, in the amount of $219,855.00, which is the base bid of $214,500.00 plus $5,355.00 in options. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. 0 5 REGULAR MEETING +Y JULY 22, 2002 APPROVAL OF REQUEST TO REJECT QUOTATIONS - MIAMI VILLAGE PARK - BRICKWORK AND STONEWORK - PROJECT NO. 102-025 In a memorandum to the Board, Mr. David Koppana, Engineer, requested permission to reject all quotations received on June 20, 2002 for the above referred to project, as they exceeded the funds available. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - FOUR (4) MORE OR LESS, 2003 ALL WHEEL DRIVE CARGO VANS ^ In a memorandum to the Board, Mr. Matthew Chlebowski, Director, Equipment Services, requested permission to advertise for the receipt of bids for the above referred to equipment. 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. APPROVE CHANGE ORDER - SOUTH BEND DAM REPAIRS - PHASE I - NORTHERN INDIANA CONSTRUCTION - PROJECT NO. 101-045 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Northern Indiana Construction, Post Office Box 133, Mishawaka, Indiana indicating that the Contract amount be increased $27,640.00 for a new Contract sum including this Change Order in the amount of $894,139.33. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - ROBERT BOSCH CORPORATION - PHASE II - ZIOLKOWSKI CONSTRUCTION - PROJECT NO. 102-012 Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 1 on behalf of Ziolkowski Construction,1005 South Lafayette, South Bend, Indiana indicating that the Contract amount be decreased $22,863.00 for a new Contract sum including this Change Order in the amount of $5,532,306.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - QUEEN STREET IMPROVEMENTS - KESSLER TO SHERMAN - WALSH & KELLY - PROJECT NO. 101-069 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of Walsh & Kelly, 24358 State Road 23, South Bend, Indiana indicating that the contract amount be decreased by $9,984.87 for a new contract sum including this Change Order in the amount of $78,809.63. 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, the Final Change Order and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVAL OF CONTRACT - SALE OF PERSONAL PROPERTY AT PUBLIC AUCTION - KASER'S AUCTION SERVICE Mr. Gilot stated that the Board is in receipt of a Contract between the City of South Bend and Kaser's Auction Service, 67601 Pine Road, North Liberty, Indiana, for the sale of vehicles and miscellaneous property belonging to the City of South Bend, to be held on August 31, 2001, beginning at 8:00 a.m. at 1045 West Sample Street, South Bend, Indiana. Mr. Gilot noted that the Contract is in the amount of 5% commission. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and executed. APPROVE BUILDING BLOCK GRANT AGREEMENTS The following Building Block Grant Agreements were presented to the Board for approval: 1501 Fisher - $125 309 West Navarre - $125 553 Edgewater - $125 401 East Irvington - $125 1030 Lincolnway West - $125 1009 North Allen - $125 1 7 REGULAR MEETING 825 South 32"d - $125 1312 Sunnymede - $125 2049 Hollywood Place - $125 5236 Monticello - $150 625 East Dubail - $150 1205 North Brookfield - $150 5232 Monticello - $150 5018 Scenic Drive - $150 51231 Monticello - $150 215 North Scott - $175 2232 South Prospect - $175 409 East Haney - 4 @ $175 410 Marquette - $200 221 East Marion - $200 807 Ashland - $200 813 East Woodside - $200 627 North Cushing - $200 1706 Catalpa - $200 1117 Stanfield - $175 1711 Catalpa - $200 1714 Catalpa - $200 810 Woodside - $200 939 West LaSalle - $125 417 Wakewa - $200 309 West Navarre - $125 1702 Catalpa - $200 1707 Catalpa - $200 JULY 22, 2002 Marco Mariani, Planning Department, was present, and stated that a total of $7,750.00 has been appropriated for this program, $75,601.00 has been granted, and $25,690.00 has been expended. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above referred to Agreements were approved and executed. APPROVAL OF GRANT AGREEMENT - CHRISTMAS IN APRIL OF ST. JOSEPH COUNTY, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Christmas in April of St. Joseph County, Inc., for funding for the home rehabilitation on the west side of South Bend. Mr. Gilot noted that the Agreement is in the amount of $45,000.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF AMENDMENT TO CONTRACT - SURVEYING SERVICES - TJX PROJECT - DLZ INDIANA Mr. Gilot stated that the Board is in receipt of an Amendment to a Contract between the City of South Bend and DLZ Indiana, 2211 East Jefferson, South Bend, Indiana, for additional surveying services for the TJX Project. Mr. Gilot noted that the Amendment is in the amount of $5,400.00, bringing the Contract amount to $77,202.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Amendment was approved and executed. APPROVAL OF PROPOSAL - ENVIRONMENTAL SERVICES - STUDEBAKER/OLIVER PROJECT - HULL & ASSOCIATES, INC. Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Hull & Associates, 4700 Duke Drive, Mason, Ohio, for preparation of a VRP application for Area A, assistance in the preparation of an ordinance controlling use of groundwater, and general environmental consulting services. Mr. Gilot noted that the Proposal is in the amount not to exceed $52,812.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposal was approved and executed. 0 REGULAR MEETING JULY 22, 2002 APPROVE NEIGHBORHOOD YOUTH GRANT AGREEMENTS The following Neighborhood Youth Grant Agreements were presented to the Board for approval: Broadway Christian Parish Church $2,000.00 Basketball and Reading Camps LaCasa de Amistad $1,300.00 Summer/Fall Gardening Project YMCA $2,000.00 National Youth Basketball Tournament/Florida Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above referred to Agreements were approved and executed. APPROVAL OF GRANT AGREEMENT - ADDITIONAL POLICE PATROLS - COMMERCIAL CORRIDOR - LINCOLNWAY WEST - SOUTH BEND POLICE DEPARTMENT Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the South Bend Police Department, for additional police patrols on Lincolnway West in the Commercial Corridor. Mr. Gilot noted that the Agreement is in the amount of $25,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. FILING OF STATUS REPORT - CLEAN -OUT OF ORGANIC RESOURCES LAGOON 31 - PROJECT NO. 101-021 Mr. Jack Dillon, Director, Environmental Services, submitted the above referred to report for the Board's approval. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the report was accepted and filed. ADOPT RESOLUTION NO.42-2002 - DISPOSAL OF CITY -OWNED PROPERTY 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. 42-2002 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, SERGEANT ROBERT LANCHSWEERDT retired from the South Bend Police Department after twenty (20) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that sidearm Serial No. AD18983 a .40 caliber Sig -Sauer sidearm, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 18th day of July 2002. REGULAR MEETING JULY 22, 2002 BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 44-2002 - AUTHORIZING SINGLE MEMBER APPROVAL OF CERTAIN BOARD FUNCTIONS RELATING TO THE TJX REDEVELOPMENT PROJECT Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.44-2002 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING SINGLE MEMBER APPROVAL OF CERTAIN BOARD FUNCTIONS RELATING TO THE TJX REDEVELOPMENT PROJECT WHEREAS, the South Bend Board of Public Works (BPW) is authorized by state (I.C. 36-4- 9-5) and local law (South Bend Municipal Code, Chapter 2, Article 5, Section 2-50) to perform certain duties; and WHEREAS, effective September 11, 2000, the BPW has resolved to meet semi-monthly instead of once each week; and WHEREAS, completion of the paperwork for the TJX Redevelopment Project may require immediate action from the Board of Public Works, including the execution of certain documents; and WHEREAS, it is in the best interest of the public that the TJX Redevelopment Project be closed, all necessary approvals and actions taken in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, as follows: 1. Any single member of the South Bend Board of Public Works (BPW) shall have the authority after polling and obtaining concurrence of at least one other Board member by phone or e-mail, to approve certain documents connected with closing on the TJX Redevelopment Project. 2. Any matter having been approved by a single member of the BPW under the authority of and in compliance with this Resolution shall be deemed effective upon such single member's signature and shall be deemed ratified by the full BPW, but such matters shall be placed upon the next BPW agenda for purposes of formal ratification and public notice. Adopted and effective this 18t' day of July 2002. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO.45-2002 - ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH BEND DEPARTMENT OF REDEVELOPMENT Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING JULY 22, 2002 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE CITY OF SOUTH BEND, DEPARTMENT OF REDEVELOPMENT WHEREAS, the City of South Bend, Indiana, Department of Redevelopment ("Redevelopment") is the owner of the following described real property situated in St. Joseph County, Indiana: That part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, being more commonly described as follows: Outlot A and Outlot B of the "Project "X" Minor Subdivision" recorded as Document No. in the Office of the Recorder of St. Joseph County, Indiana. (collectively hereinafter referred to as the "Real Property"), and; WHEREAS, pursuant to Ind. Code § 36-7-14-3, the South Bend Redevelopment Commission ("Commission") is the governing body of the City of South Bend, Department of Redevelopment and, pursuant to Ind. Code § 36-7-14-12.2 may dispose of the Real Property; and WHEREAS, Redevelopment, through the Commission, is desirous of transferring the Real Property to the City of South Bend, Indiana; and WHEREAS, pursuant to Ind. Code §36-1-11-8, Redevelopment, acting through the Commission and the City, acting by and through the Board, may exchange or transfer property with one another upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, it is anticipated that the South Bend Redevelopment Commission, at its meeting of July 19, 2002 shall adopt its Resolution No. approving the transfer of the Real Property to the City for Ten and 00/100 Dollars ($10.00) and upon the terms described herein above. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend, Indiana that:: 1. The transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: That part of the Northeast Quarter of Section 15, Township 37 North, Range 2 East, Portage Township, City of South Bend, St. Joseph County, Indiana, being more commonly described as follows: Outlot A and Outlot B of the "Project "X" Minor Subdivision" recorded as Document No. Recorder of St. Joseph County, Indiana. in the Office of the (collectively hereinafter referred to as the Real Property), for Ten and 00/100 Dollars ($10.00) and upon the terms set forth herein above, by the City of South Bend, Indiana, Department of Redevelopment to the City of South Bend, Indiana shall be, and hereby is, accepted. 2. The Clerk of the Board of Public Works shall cause the recording of the quitclaim deed conveying the Real Property to the City of South Bend, Indiana upon the receipt of the same. F-J REGULAR MEETING JULY 22, 2002 3. 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 held on July 18, 2002 at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Donald E. Inks, Member s/Carl Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT SUBSTITUTE RESOLUTION NO.37-2002 - AUTHORIZING AN EASEMENT TO USE TWO RETENTION PONDS RELATED TO THE TJX REDEVELOPMENT PROJECT Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: SUBSTITUTE RESOLUTION NO. 37-2002 SUBSTITUTE RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING AN EASEMENT TO USE TWO RETENTION PONDS RELATED TO THE TJX REDEVELOPMENT PROJECT WHEREAS, as part of a redevelopment proj ect within the Sample -Ewing Development Area ("TJX Project"), the South Bend Redevelopment Commission ("Commission") intends to undertake demolition of existing buildings and new construction of streets and infrastructure in the Sample - Ewing Development Area in the vicinity of the intersection of Olive and Sample Streets, South Bend, Indiana, ("Property") as is more particularly described in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, on June 24, 2002, the City of South Bend Board of Public Works adopted Resolution No. 37-2002 authorizing TJX an easement to use two retention ponds located near the Property; and WHEREAS, the terms and conditions relating to the use of the retention ponds are more specifically set forth in that certain "Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" ("Easement Agreement") the form of which is attached hereto and incorporated herein as Exhibit `B"; and WHEREAS, this Substitute Resolution is intended to replace Resolution No. 37-2002 adopted on June 24, 2002 and to incorporate and to approve the terms and conditions as expressed in the Easement Agreement and further, to authorize execution of the Easement Agreement by the Board and upon execution, to cause the Easement Agreement to be duly recorded. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The form of"Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" is hereby approved subject to final review by Board legal counsel. Section 2. The Board hereby authorizes the execution of the "Drainage and Construction Easement Agreement for the Benefit of The TJX Companies, Inc. and AJW South Bend Realty Corporation" by the Board in a final form that is acceptable to legal counsel and upon execution, ,f') REGULAR MEETING JULY 22, 2002 directs the Clerk to cause the Agreement to be duly recorded in the Office of the Recorder for St. Joseph County, Indiana. Section 3. The Easement Agreement and this Substitute Resolution are not a waiver of any fees that might be imposed in the future by the City of South Bend upon all owners, occupiers, or users of the Property for the collection of storm water in the City of South Bend. Section 4. The City of South Bend retains the right to use the retention ponds (as well as the connecting pipe) for use by itself and its agents. ADOPTED at a meeting of the Board held on July 18, 2002. at 8:00 a.m., in Room 1308 County -City Building, South Bend, Indiana 46601. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member s/Don Inks, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RELEASE OF EASEMENT - TJX SITE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Release of Easement was approved: WHEREAS, on December 12, 1978, General Realty Company (hereinafter referred to as "Grantor") granted an easement to the Civil City of South Bend ("City") pursuant to that certain Easement and Right -of -Way which was recorded in the St. Joseph County Recorder's office on December 13, 1978, as Instrument No. 7827280, which instrument gave certain rights to City including a right to enter upon concerning certain property described as: Beginning at the intersection of the north right of way line of Davis Drive and the West right of way line of Grant Street; thence North along said West right of way line of Grant Street a distance of 130 feet; thence in a Southwesterly direction to a point in the North right of way line of Davis Drive (this point being 120 feet West of the point of beginning); thence East along the North right of way of Davis Drive 120 feet to the point of beginning. All in South Bend, St. Joseph County, Indiana. WHEREAS, the Easement and Right -of -Way related among other things to the location and maintenance of certain water, sewer and other utilities and certain other uses relating to Davis Drive and Grant Street in South Bend, Indiana; and WHEREAS, the Easement and Right of Way referenced herein does not include a dedication of right-of-way to the public nor convey a fee simple interest in property; WHEREAS, the South Bend Common Council, in connection with the TJX Redevelopment Project, has heretofore vacated both Davis Drive and Grant Street; and WHEREAS, the rights attached to the aforementioned Easement and Right -of -Way are no longer needed by the City of South Bend nor necessary to the continuing health, safety and welfare of its citizens. NOW, THEREFORE, the City of South Bend hereby releases the "Easement and Right -of - Way" granted to it by the 1978,General Realty Company and recorded in the St. Joseph County Recorder's office on December 13, 1978, as Instrument No. 7827280 and all of the rights thereunder, with the intent that the Easement and Right -of -Way may be forever extinguished. 1 REGULAR MEETING JULY 22, 2002 APPROVAL OF RECOMMENDATION - TO CONDUCT 4H FAIR PARADE Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Rick Kring, 803 Greenview, South Bend, Indiana to conduct the above referred to parade, on July 28, 2002, from 4:30 p.m. to 5:30 p.m., on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT HUMMER PROCESSION Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Mike Morris, 505 West Garry, Plymouth, Indiana to conduct the above referred to procession, on August 7, 2002, from 3:00 p.m. to 5:00 p.m., on the designated route as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - MAPLE FROM THOMAS TO NAPIER - FAMILY REUNION Mr. Gilot stated that favorable 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 Ms. Ynetter Jones, 1204 Thomas Street, South Bend, Indiana, to conduct the above referred to block party on July 19 through July 21, 2002, from 8:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - WASHINGTON FROM ST. JOSEPH TO MICHIGAN - HALL OF FAME ENSHRINEMENT Mr. Gilot stated that favorable 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. Kent Stephens, Football Hall of Fame, 111 South St. Joseph, South Bend, Indiana, to conduct the above referred to event on August 9-10, 2002, from 7:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - DUBAIL FROM CHAPIN TO CATALPA Mr. Gilot stated that favorable 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 Ms. Kay Blower, 1031 West Dubail, South Bend, Indiana, to conduct the above referred to block party on August 6, 2002, from 6:00 p.m. until 8:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - DUNHAM FROM KENTUCKY TO LAKE - BLOCK PARTY Mr. Gilot stated that favorable 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 Ms. Khadijah Muhammad, 3216 West Dunham, South Bend, Indiana, to conduct the above referred to block party on July 27, 2002, from 8:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - SHERMAN FROM VANBUREN TO CALIFORNIA - BIRTHDAY PARTY Mr. Gilot stated that favorable 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 Ms. Catina Perez, 807 North Sherman, South Bend, Indiana, to conduct the above referred to block party on July 21, 2002, from 12:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. 03 REGULAR MEETING JULY 22, 2002 APPROVAL OF RECOMMENDATION - TO CLOSE STREET - CHAPIN FROM CALVERT TO BRUCE - BLOCK PARTY Gilot stated that favorable 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 Ms. Denise Domonkas, South Bend, Indiana, to conduct the above referred to block party on July 20, 2002, 8:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. FILING OF SAFETY REPORT - STREET DEPARTMENT The Street Department submitted a Safety Report for June 2002. The report will reflect injuries/accidents for each month and provide for a comparison. There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the report was accepted and filed. 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: Shaum Electric Company 1125 North Nappanee Elkhart, Indiana 46514 Resource Conservation Services Route 3, Box 258 Loogootee, Indiana 46553 Slatile Roofing & Restoration, Inc. 1703 South Ironwood South Bend, Indiana 46613 Martin, Inc. M&M Landfill, Inc. Post Office Box 522 Fort Wayne, Indiana 45802 Pioneer Associates Post Office Box 145 Leo, Indiana 46765 Applied Industrial Technologies One Applied Plaza Cleveland, Ohio 44115-5022 WorldCom, Inc. 113319th Street, NW Washington, DC 20006 APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by DMB Custom Carpentry, 29769 County Road 40, Wakarusa, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to Lot 4, Hoctel Jackson Road, South Bend, Indiana, (Key # 01-1015-0324.20), DMB Custom Carpentry waives and releases any and all rights to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Gilot made a motion that the Consent be approved. Mr. Inks seconded the motion which carried. APPROVAL OF TEMPORARY OCCUPANCY PERMIT The Joseph Podell Company, South Bend, Indiana, submitted an application for a Temporary Occupancy Permit for Construction at 112 East LaSalle. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Temporary Occupancy Permit was approved, subject to the filing of a $10,000.00 bond, and constructing a covered pedestrian walkway during the period of their construction. APPROVE TITLE SHEET - NORTH IRONWOOD VILLAS Mr. Gilot advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Title Sheet was approved and signed. 11 1 1 1 E REGULAR MEETING JULY 22, 2002 APPROVE RELEASE OF CONTRACTOR BOND Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor Bond be released as follows: BOND OF CONTRACTOR LaBont Enterprises Released July 18, 2002 Mr. Gilot made a motion that the recommendation be accepted and that the Bond be released as outlined above. Mr. Littrell 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 $4,458,112.65 July 8, 2002 St. Joseph County Housing Consortium $ 9,081.00 July 3, 2002 City of South Bend $2,185,196.17 July 15, 2002 Grauvogel & Associates (730 United Drive) $ 1,747.50 July 8, 2002 Ken Herceg & Associates (Public Works Service Center) $ 5,076.33 June 28, 2002 American Electric Power $ 60,000.00 July 3, 2002 Mr. Inks 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 9:00 a.m. A ST: Angela K. J i ob, Clerk BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl P. Littrell, Member Do ald E. Inks, Member I 1