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HomeMy WebLinkAbout11/12/02 Board of Public Works Minutes0302 REGULAR MEETING NOVEMBER 12, 2002 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, November 12, 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/TABLED Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following items were added/tabled: - Claims - Added - Contract, Extension of Street Materials - Added - Proposal - Engineering Services - Lawson Fisher Associates - Tabled - Recommendation - Street Name Change - Tabled PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT - CENTRE TOWNSHIP LION'S CLUB Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant License, as submitted by Mr. Dennis Leyes, 21234 Clover Hill Court, South Bend, Indiana, to conduct the sale of Christmas trees and wreaths at the Scottsdale Mall north parking lot November 26, 2002 through December 24, 2002. Favorable recommendations have been received by the Police Department, Fire Department, Building Commissioner and the Legal Department. Mr. Don Gilpen, Lions Club, was present, and stated that the Lions Club is holding this sale for contributions which are returned to the community for scholarships, eye car and Camp Millhouse. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Application for a Transient Merchant License was approved. Was approved. PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT - CHUCK HOMIER' S SALE Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant License, as submitted by Mr. Charles Homier, 601 East Lamont Road, Huntington, Indiana, to conduct the sale of miscellaneous items at the Armed Forces Reserve, Kemble Street, South Bend, Indiana, December 5 - 8, 2002. Favorable recommendations have been received by the Police Department, Fire Department, Building Commissioner and the Legal Department. There being no present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Application for a Transient Merchant License was approved. OPENING OF BIDS - ONE (1) MORE OR LESS, INDUCTIVELY COUPLED PLASMA (OPTIMAL EMISSION SPECTROMETER) - WASTEWATER TREATMENT PLANT 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 were opened and publicly read: THERMO ELEMENTAL 27 Forge Parkway Franklin, Maine 02038 Bid was signed by Mr. Lou Marciello Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Security was submitted 03 11 REGULAR MEETING NOVEMBER 12, 2002 BID: $73,474.00 (includes discount of $30,953.00) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred to Environmental Services for review and recommendation. OPENING OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referred to vehicles. 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: TOM BROWNING 31355 State Road 4 North Liberty, Indiana 46554 .n No. Make of Vehicle Year Vin # Bid 1 SAAB 1985 YS3AM36J1F2013033 $ 20.00 2 HYUNDAI 1990 2HMBG32SLB014166 $ 56.00 3 GMC PICKUP 1986 1 GTDC 14H5GJ529236 $168.90 4 LINCOLN 1991 ILNCM82WOMY620299 $ 20.00 5 BUICK 1988 2G4WD14W5J1516990 $ 20.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Code Enforcement for review and recommendation. AWARD BID - U.S. 31 TRUNK SEWER EXTENSION -_PROJECT NO. 102-062 Mr. Carl P. Littrell, City Engineer, advised the Board that on October 28, 2002, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Gilot recommends that the Board award the contract to the lowest responsible and responsive bidder, Youngs Excavating, Post Office Box 2766, South Bend, Indiana in the amount of $466,332.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which carried. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - TWO (2) MORE OR LESS, 1,500 G.P.M. MOTORIZED PUMPING FIRE APPARATUS In a memorandum to the Board, Fire Chief Luther Taylor, 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. Littrell and carried, the request to advertise for the receipt of bids was approved, subject to City Council action on the appropriation. APPROVE CHANGE ORDER - SOUTH BEND DAM REPAIRS - PHASE I - NORTHERN INDIANA CONSTRUCTION Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 2 on behalf of Northern Indiana Construction, Post Office Box 133, Mishawaka, Indiana indicating that the Contract amount be increased $61,303.67 for a new Contract sum including this Change Order in the amount of $955,443.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CONSTRUCTION CONTRACT - SHERIDAN STREET IMPROVEMENTS (RE -BID NILES CONCRETE SAWING & CONSTRUCTION - PROJECT NO. 101-023 Mr. Gilot advised that in accordance with the bid awarded on October 24, 2002, to Niles Concrete sawing & Construction, Post Office Box 1299, Niles, Michigan, in the amount of $140,908.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Contract was approved 1 03;�.j REGULAR MEETIN NOVEMBER 12, 2002 and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF PROPOSAL - REPAIRS AND REHABILITATION TO FACADE - DREWRY BREWERY COMPLEX - ARSEE ENGINEERS, INC. Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Arsee Engineers, Inc., 14500 East 136t" Street, Noblesville, Indiana, for the above referred to project. Mr. Gilot noted that the Proposal is in the amount of $9,500.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposal was approved and executed. APPROVAL OF PROPOSAL - ENGINEERING SERVICES - RELOCATION OF BENDIX DRIVE ALONG BERTRAND AND MEADE STREET -THE TROYER GROUP Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the Troyer Group, 550 Union, Mishawaka, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $109,365.00. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF CONTRACT EXTENSION - STREET MATERIALS Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Walsh and Kelly, Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, for an extension of the bid award for street materials for 2002-2003. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF TRIPLE TRAILER COMBINATION PERMIT -CONWAY TRANSPORTATION SERVICES, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Conway Transportation Services, Inc., 10080 South Harlem, Bridgeview, Illinois, for a designated route to and from the Toll Road for operation of triple trailers on City of South Bend streets. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 68-2002 - A RESOLUTION RATIFYING CONFIRMING AND APPROVING CERTAIN ACTIONS PREVIOUSLY TAKEN RELATED TO THE AGREEMENT BY AND BETWEEN THE CITY OF SOUTH BEND, THE SOUTH BEND REDEVELOPMENT COMMISSION AND COOREMAN REAL ESTATE GROUP, INC. 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. 68-2002 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS RATIFYING, CONFIRMING AND APPROVING CERTAIN ACTIONS PREVIOUSLY TAKEN RELATED TO THE AGREEMENT BY AND AMONG THE CITY OF SOUTH BEND, THE SOUTH BEND REDEVELOPMENT COMMISSION AND COOREMAN REAL ESTATE GROUP, INC. WHEREAS, the City of South Bend, Indiana ("City") and the South Bend Redevelopment Commission ("Commission") have determined that residential development in the City's Airport Economic Development Area will encourage economic development in the area by providing readily -available housing that is complementary to businesses in and near the area, will encourage existing businesses to remain or expand, will facilitate increased employment activities and private sector investment in the City and will protect and increase state and local tax bases and encourage overall economic growth in Indiana and is in the best interests of the City; and WHEREAS, Cooreman Real Estate Group, Inc. has heretofore proposed to prepare, fund and implement a plan for the development of two (2) residential single-family subdivision projects to be located in the Airport Economic Development Area to be known as "Villas at Lake Blackthorn" and "Westwood Knolls at Lake Blackthorn" ("Project"); and �3 REGULAR MEETING NOVEMBER 12, 2002 WHEREAS, the City believes that the Project is in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the Project complies with federal, state and local laws under which the Project has been undertaken and is being assisted; and WHEREAS, Developer, City and the Commission have memorialized their intentions and understanding in a contract related to the Project being that certain "Agreement By and Among the City of South Bend, the South Bend Redevelopment Commission and Cooreman Real Estate Group, Inc. Relating to the Development Commonly Known As `Villas at Lake Blackthorn' and `Westwood Knolls at Lake Blackthorn"' ("Agreement"); and WHEREAS, pursuant to Indiana Code § 36-4-5-3, the Mayor for the City of South Bend is empowered to sign contracts of the City and in order to facilitate the Project, the Mayor has heretofore executed the Agreement on behalf of the City; and WHEREAS, at the Commission has heretofore executed the Agreement at its meeting of November 1, 2002; and WHEREAS, the Board of Public Works desires to ratify the Agreement; NOW, THEREFORE, BE IT RESOLVED by the South Bend Board of Public Works as follows: 1. The actions taken by the Mayor of the City of South Bend relating to the Project, including the execution of the Agreement on behalf of the City are hereby in all respects ratified, confirmed and approved. 2. This Resolution shall be in full force and effect after its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on November 12, 2002 at 1308 County -City Building, 227 West Jefferson Boulevard, 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 REQUEST TO VACATE AN ALLEY - 1000 WEST BRYAN Mr. Gilot indicated that Mr. Willie Rogers, 1033 West Bryan, South Bend, Indiana submitted a request for a an alley vacation near 1033 West Bryan. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Fire Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Area Plan stated that a utility easement may be necessary. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. REQUEST TO VACATE AN ALLEY - I I I I KINYON STREET Mr. Gilot indicated that Mr. Craig Craft, 1111 Kinyon Street, South Bend, Indiana submitted a request for a an alley vacation near 1111 Kinyon Street. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Fire Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Area Plan stated that a utility easement may be necessary. Engineering stated that there are no public water or sewer mains in this alley. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the REGULAR MEETING NOVEMBER 12, 2002 recommendations and comments. REQUEST TO VACATE AN ALLEY - MILLER COURT Mr. Gilot indicated that Watterud Inc., Granger, Indiana submitted a request for a an alley vacation near Miller Court. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Fire Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Area Plan and Engineering stated that a utility easement may be necessary. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. REQUEST TO VACATE AN ALLEY - 114 EAST ECKMAN Mr. Gilot indicated that Mr. Michael Emery, 114 East Eckman, South Bend, Indiana submitted a request for a an alley vacation near 114 East Eckman. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Fire Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Area Plan stated that a utility easement may be necessary. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. REQUEST TO VACATE AN ALLEY - 639 NORTH BROOKFIELD Mr. Gilot indicated that Ms. Estella Smith, 639 North Brookfield, South Bend, Indiana submitted a request for a an alley vacation near 639 North Brookfield. Mr. Gilot advised that 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 Fire Department stated that 635 North Brookfield would not have access to their garage. The Division of Engineering stated that the proposed vacation would create a "T" alley. Since it is only one lot in length, large vehicles can safely and conveniently back out. There is a garage on the lot at 635 North Brookfield with access from the vacated alley. The two properties benefitting fro the vacation, 635 and 639, will need to arrange cross -access agreements and closure plan to close the Brookfield street curb cut or transform it to a driveway for garage access and block access to the orth/south alley. Area Plan stated that a utility easement and additional turning radii for the newly created stub alley may be necessary. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. REQUEST TO XACATE AN ALLEY - 2909 SUGAR MAPLE LANE Mr. Gilot indicated that Ms. Julia Greene, 2909 Sugar Maple North, South Bend, Indiana submitted a request for a an alley vacation near 2909 Sugar Maple North. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Police Department, Bureau of Sanitation. Engineering's concern is the petitioner standing make the petition; if she is the owner of the property adjacent to the segment being proposed for vacation. If she is not, would she be able to persuade the owner to make the petition. The vacation would severely limit vehicular access to the street network for several hundred residents. It would be the petitioners's responsibility to provide alternate access in order to receive a recommendation to vacate this street segment. Also, it would be necessary to close the curb cut for Sugar Maple Lane and to create a cul-de-sac or other means in the public right of way for vehicles to turn and reverse direction at the est end of the vacated segment. The Fire Department stated their response time would be longer. Area Plan recommends that this street remain open, as it would create problems for emergency services as well as increase traffic at other locations. Community and Economic Development does not recommend vacation of this alley, for traffic circulation planning. Upon a motion made by Mr. Littrell, 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. REQUEST TO VACATE AN ALLEY - NEAR PRAIRIE AND INDIANA Mr. Gilot indicated that Mr. Claude Joyner, 4615 Schaper, Fort Wayne, Indiana submitted a request for a an alley vacation near Prairie and Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Fire Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Engineering stated that it appears that the neighboring property, used as a parking lot for a club, uses the alley approach for access to the parking lot. Area Plan stated that a utility easement may be necessary. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. REQUEST TO VACATE AN ALLEY - 308 SOUTH FRANCES Mr. Gilot indicated that Ms. Martha Lewis, 308 South Frances, South Bend, Indiana submitted a request for a an alley vacation near 308 South Frances. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this request from the Division of Engineering, Police Department, Area Plan, Bureau of Sanitation, Department of Economic Development and the Department of Public Works. Engineering stated there is a garage on Lot 13 on Quimby Street that uses the alley for access. The owners may need to make cross -access agreements. The curb cut on Quimby Street will need to be closed or transformed into a driveway. The Fire Department stated that the residents at 1009 Quimby will not be able to bet in their garage. Area Plan stated the this alley should not be vacated. Currently, the parking pad for Lot 12 and garages for Lots 13 and 10 access directly off this alley. Also, the most direct access to the garage on Lot 7 may be from this alley. This would also present a hardship to Lot 11, west of the alley. Because of the lot width, should this alley be vacated and the property developed, there would be no sufficient way to access the rear of the property. In addition, a utility easement may be necessary. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the requested alley vacation was approved. The Clerk of the Board will forward a letter to the homeowner advising them of the recommendations and comments. ACCEPTANCE OF NEW STREETS INTO CITY OF SOUTH BEND STREET INVENTORY In a memorandum to the Board, Mr. Tony Molnar, Permits Manager, requested the submitted listing of new streets be added to the Indiana Department of Transportation (InDOT) Street Inventory for the City of South Bend. In order to be added to this list, all streets must be accepted by the City and proof of the acceptance must be forwarded to InDOT. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the new streets, as submitted, were accepted. The Board also requested that additional alleys, which must have street names assigned, be added to this inventory before the year end. ACCEPT CONCEPT - ENCROACHMENT ALLOWANCE - CROWE CHIZEK MINOR SUBDIVISION - PROHEALTH - ST. JOSEPH STREET AND WESTERN AVENUE In a letter to the Board, Mr. Kenneth Jones, Wightman Petrie, Inc., 4703 Chester Drive, Elkhart, Indiana, requested an encroachment allowance. It was discovered through survey that the existing parking lot for St. Joseph Care Group (Pro -Health) encroaches slightly in the right of way lines on St. Joseph Street and Western Avenue. The Board suggested an Agreement be drawn up concerning the encroachment allowance, with the notation that as the land in this area is developed, the encroachment be removed. APPROVAL OF GRANT OF LICENSES Mr. Thomas Bodnar requested the Board approve two (2) Grant of Licenses for the Wells Fargo Bank, Inc., for placement of two revokable, non-exclusive licenses at an area adjacent to 112 West Jefferson, above and below the ground, for placement of a night bank depository. Upon a motion made by, seconded by and carried, the Grant of Licenses was approved. APPROVAL OF ENCROACHMENT ALLOWANCE - ST. JOSEPH AND WESTERN AVENUE - PRO -HEALTH In a letter to the Board, Mr. Kenneth Jones, Wightman Petrie, 4703 Chester Drive, Elkhart, Indiana, requested an encroachment allowance, for the parking lot for St. Joseph Care Group (Pro -Health), as it encroaches slightly on the right of way lines on St. Joseph Street and e3stern Avenue. Upon I I 1 (Da. �3 REGULAR MEETING NOVEMBER 12, 2002 a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Encroachment Allowance was approved. 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 Garden Homes, 17874 State Road 23, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary water system of the City, to provide sanitary water service to 17874 State Road 23, South Bend, Indiana, ), Garden Homes waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Inks seconded the motion which carried. 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 Place Realty, 2133 Foxboro Court, Mishawaka, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary water and sewer system of the City, to provide sanitary water and sewer service to Laurel Creek Subdivision, Place Realty waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Inks seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following traffic control devices were approved: New Installation - Handicapped Accessible Parking Space Signs - 1719 South Kendall New Installation - Handicapped Accessible Parking Space Signs - 1601 North Wilber APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the Board for approval: Name Amount of Claim Date St. Joseph County Housing Consortium $7,599.00 November 6, 2002 St. Joseph County Housing Consortium $ 268.40 November 8, 2002 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks seconded the motion which carried. RATIFICATION OF PREVIOUSLY APPROVED ITEMS Upon a motion made by, seconded by 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 November 7, 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 10:32 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President REGULAR MEETING NO VEMBER 12 2002 Carl P. Littrell, Member Do ald E. Inks, Member ATTEST: Angela K. Jacob, CIA The regular meeting of the Board of Public Works was convened at 8:15 a.m. on Thursday, November 7, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell present. Mr. Donald E. Inks was not 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 regular meeting of the Board held on October 28, 2002, were approved. AWARD BID - TJX SITE - DEMOLITION. GRADING AND DRAINAGE - PROJECT NO. 102- 034C Mr. Carl P. Littrell, City Engineer, advised the Board that on October 28, 2002, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsible and responsive bidder, National Environmental Services, Post Office Box 300, Clear Creek, Indiana in the amount of $2,276,156.00, which is the base bid and Alternate No. 1. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion which carried. APPROVE CHANGE ORDER - PALAIS ROYALE RESTORATION - CASTEEL CONSTRUCTION - PROJECT NO. 101-051 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 3 on behalf of Casteel Construction, 23186 West Ireland Road, South Bend, Indiana indicating that the Contract amount be increased $115,396.00 for a new Contract sum including this Change Order in the amount of $6,209,357.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - 2002 SEWER LINING PROGRAM - 1NSITUFORM TECHNOLOGIES USA - PROJECT NO. 102-027 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No.1 on behalf of Insituform Technologies USA,12897 Main Street, Lemont, Illinois indicating that the Contract amount be increased $57,850.00 for a new Contract sum including this Change Order in the amount of $598,800.00. 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 - 2002 PUBLIC WORKS CURB AND SIDEWALK PROGRAM - ZONE 1 - MCINTYRE AND JONES CONSTRUCTION - PROJECT NO. 102-019 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order on behalf of McIntyre and Jones Construction, 2526 West 6t" Street, Mishawaka, Indiana, indicating that the contract amount be decreased by $110,255.50 for a new contract sum including this Change Order in the amount of $143,719.50. 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. 034 REGULAR MEETING NOVEMBER 12, 2002 438 South Harris $5,727.35 West Side 1818 South Oliver $6,084.75 Rum Village 1817 South Douglas $ 996.12 Rum Village 1801 Kemble $1,666.88 Rum Village 2133 South Taylor $1,387.50 Rum Village 2208 South Carlisle $1,989.75 Rum Village 1817 South Douglas $4,800.00 Rum Village 1722 Prairie $3,075.00 Rum Village Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Contracts were approved and executed. APPROVAL OF LETTER AGREEMENT - DETERMINATION OF MARKET VALUE - MISCELLANEOUS PROPERTIES - APPRAISAL GROUP INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Appraisal Group Inc., 92 East Jefferson, South Bend, Indiana, for the above referred to project for the South Bend Central Development Area. Mr. Gilot noted that the Agreement is in the amount of $3,500.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVE GRANT AGREEMENTS -NEIGHBORHOOD YOUTH PROGRAM The following Agreements were presented to the Board for approval: Youth for the Community/Lafayette Boys and Girls Club $ 353.00 Baskets for patients at Trinity Center Youth Services Bureau $2,000.00 Youth Conference at Notre Dame Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Agreements were approved and executed. APPROVAL OF 2003 HOLIDAY SCHEDULE FOR CITY EMPLOYEES Ms. Cathy Hubbard Shead, Director of Personnel, submitted the 2003 Holiday Schedule for City Employees and recommended approval. Mayor Stephen Luecke has approved this schedule, which consists of nine (9) designated holidays and one (1) floating holiday: New Year's Day Good Friday Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Day Wednesday, January 1, 2003 Friday, April 18, 2003 Monday, May 26, 2003 Friday, July 4, 2003 Monday, September 1, 2003 Tuesday, November 11, 2003 Thursday, November 27, 2003 Friday, November 28, 2003 Thursday, December 25, 2003 In addition to the nine (9) designated holidays above, employees may choose one (1) additional holiday from the holidays listed below. Martin Luther King Day President's Day Columbus Day - Observed Monday, January 20, 2003 Monday, February 17, 2003 Monday, October 13, 2003 1 REGULAR MEETING NOVEMBER 12, 2002 APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - 2002 CONCRETE REPAIRS - RIETH RILEY CONSTRUCTION - PROJECT NO. 102-058 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order, on behalf of Rieth Riley Construction, ADDRESS, South Bend, Indiana, indicating that the contract amount be decreased by $9,632.56 for a new contract sum including this Change Order in the amount of $213,520.07. 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 the filing of the appropriate three-year Maintenance Bond. APPROVAL OF PURCHASE AGREEMENT - IACT FOUNDATION STORM WATER PHASE II ASSISTANCE PROGRAM CD - INDIANA ASSOCIATION OF CITIES AND TOWNS Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the Indiana Association of Cities and Towns, Indianapolis, Indiana, for the purchase of a CD to assist the City through he storm Water Phase II Permit Requirements and provide examples of programs to implement in order to meet the six Best Management Practices. Mr. Gilot noted that the Agreement is in the amount of $1,000.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT - ABANDONMENT OF WELLS - MUNICIPAL SERVICES FACILITY - EIS ENVIRONMENTAL ENGINEERS, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and EIS Environmental Engineers, Inc., 1701 North Ironwood Drive, South Bend, Indiana, for the abandonment of four (4) wells at the Municipal Services Facility. Mr. Gilot noted that the Agreement is in the amount of $3,500.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - VEHICLE PURCHASE - FORD MOTOR COMPANY Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Ford Motor Company, ADDRESS, Dearborn, Michigan, for. Mr. Gilot noted that the Agreement is in the amount of . Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed, subject to bidding laws. APPROVAL OF AGREEMENT - SURVEYING SERVICES - TJX DEMOLITION. GRADING AND DRAINAGE - DLZ INDIANA - PROJECT NO. 102-34C Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and DLZ Indiana,221 I East Jefferson, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount not to exceed $79,150.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF MEMBER CONTRACT -PARTICIPATION IN AMERICORPS-SOUTH BEND Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend for four (4) AmeriCorps members to participate in the AmeriCorps program in South Bend with the Thomas N. Frederick Juvenile Justice Center, South Bend Heritage, and the Center for the Homeless.. Mr. Gilot noted there is no cost to the City of South Bend for these Contract.. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVE HOUSING REPAIR AND IMPROVEMENT PROGRAM MATCHING GRANT AGREEMENTS The following Agreements were presented to the Board for approval: 1111 Kinyon Street $3,489.00 Keller Park 1107 Kinyon Street $3,576.00 Keller Park 917 Bryan Street $5,833.00 Keller Park 1006 Roosevelt Street $3,675.00 Keller Park 522 South Brookfield $ 888.75 West Side 3La REGULAR MEETING NOVEMBER 12, 2002 registration plates removed and hand carried to the Traffic Office where they will be recorded and stored. As these registration plates expire they will be destroyed and recorded as being destroyed. c. The towing vehicles used pursuant to this agreement must be well maintained and kept clean, as frequently citizens will be accompanying their vehicle back to the contractor to summon a ride; d. All towing vehicles used pursuant to this agreement will have a broom, bucket, and shovel and shall remove all debris from vehicle crash scenes; and shall otherwise meet the requirements of IC-9-18-13. e. Each towing vehicle will be clearly marked with the name of the tow service, address and telephone number on both cab doors of the vehicle; and shall otherwise meet the requirements of IC 24-4-6-2 . f. Each contractor will make itself available for semi-annual inspections by the Fire Department and its Department of Code Enforcement without notice; g. Each contractor must meet all zoning ordinances established by the City; h. Each contractor must have an established business and storage lot within the City Limits of South Bend, Indiana. i. Each contractor shall have a valid license under Section 4-20.5 of the South Bend Municipal Code. j. If the impounded vehicle that is not stored at the business address of the contractor, the contractor must notify the Traffic Office of the location at which the vehicle will be stored. 6. All contractors shall abide by a uniform fee policy, which shall be set by the South Bend Police Department and filed with the Board of Public Safety of the City of South Bend and reviewed at least once a year. The initial setting of the fees and the yearly review shall include consultation with all contractors on the list at the time. 7. By March 1 of each calendar year, the South Bend Police Department shall submit to the Board of Public Safety a statement of the total number of impounds made pursuant to this resolution. Commencing March 1, 2000 the following procedures shall be utilized to fill any vacancies on the list: a. The optimum number of slots on the list shall be 1 for every 1200 regular tows (rounded off to the nearest 200). b. No contractor shall be removed from the list because the list contains more names than the optimum number. c. If, when a contractor is removed from the list for any reason, the number of contractors remaining on the list is still above or at the optimum, no contractor shall be placed on the list. d. Whenever the number of contractors on the list is less than the optimum number for any reason, the next eligible contractor on the waiting list shall be notified by regular mail and shall have 2 weeks from the date of the letter to verify its application, post a current bond, and otherwise, comply with all requisites. If the contractor should fail to do so, it shall be stricken from the waiting list and the open spot shall be assigned to the next name on the waiting list subject to these conditions and notice issued. 8. Contractors shall be compensated by directly collecting from the owner of the property or by disposal of the vehicle in accordance with state law. Contractor shall not have any claim against the City for reimbursement of labor or materials furnished hereunder except to the extent that the City has been able to collect from the property owners. 9. If a contractor or any employee of contractor is charged in a court of competent jurisdiction with the commission of a crime connected with the storage or towing of vehicles, contractor shall be temporarily suspended until exonerated in court by either dismissal of the charge or a not guilty finding. 10. No contractor or principal owner of contractor (20% or more of the ownership interest) shall have any ownership interest in any other contractor on this list. Violation of this paragraph is cause for removal of both contractors from the list for a period of five years. REGULAR MEETING NOVEMBER 12, 2002 Christmas Eve Wednesday, December 24, 2003 Day after Christmas Friday, December 26, 2003 Employee's Birthday A Religious Holiday of the Employee's Choosing Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the 2003 Holiday Schedule for City Employees was approved. RATIFY GRANT OF PERMANENT EASEMENT_ -_WATER AND SEWER - SOUTH SIDE SANITARY SEWER AND WATER MAIN EXTENSION PHASE III - PROJECT NO. 101-020 Mr. Jason Durr, Engineer, submitted the above referred to Easement and requested the Board ratify this document. The Easement was approved on October 31, 2002. The purpose of the easement is to provide sewer and water service to the Farm Bureau Property, the Shoemaker Property and the Woodcox Property. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Grant of Permanent Easement was ratified. ADOPT RESOLUTION NO. 66-2002 - RESOLUTION AMENDING CONTRACTS FOR EMERGENCY TOWING FROM THE PUBLIC RIGHT OF WAY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was approved by the Board of Public Works: RESOLUTION NO. 66-2002 RESOLUTION AMENDING CONTRACTS FOR EMERGENCY TOWING FROM THE PUBLIC RIGHT OF WAY WHEREAS, the public welfare and safety of residents of the City of South Bend require that public streets and alleys be kept free of abandoned or illegal vehicles; and WHEREAS, the City of South Bend has the power under I.C. 9-13-2-1 et seq. to remove abandoned vehicles from it's streets and alleys; and WHEREAS, the previous amended resolution of this Board (34-1999) needs to be amended to facilitate the prompt removal of abandoned or illegal vehicles; and to protect the citizens of South Bend. NOW, THEREFORE, BE IT RESOLVED BY the Board of Public Works for the City of South Bend that the Police Chief of the City of South Bend be, and hereby is, designated as the agent of the Board for the limited purpose of entering into, and is authorized to enter into contracts with individual contractors for removal of illegal or abandoned vehicles from the pubic streets and alleys within the City of South Bend. BE IT FURTHER RESOLVED by the Board of Public Works that the following terms and conditions shall be, and hereby are, binding upon all individual contractors who provide emergency towing services to the City and shall be, and hereby are, made a part of every contract for emergency towing services entered into between the Chief of the South Bend Police Department and any such contractor for such services: 1. Contractors shall be called when necessary from a rotating list, (hereinafter called "list"), which the list is to be kept available for the public inspection at the South Bend Police Department. However, when an oversized vehicle must be towed, the next contractor on the list which has indicated in writing that it has the capacity for such a tow shall be called without losing its place on the list. 2. Any qualified contractor may apply to be placed on the list by filing an application with the Board of Public Works. Upon the application being formally filed with the Board, and a showing that all other requirements stated herein have been met, including the posting of the required bond, the new contractor shall be placed at the bottom of the list or on a waiting list. REGULAR MEETING NOVEMBER 12, 2002 BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk 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: E.H. McNease E.H. McNease 418 South Main Street 421 South Main Street 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 was attached to the applications. APPROVAL OF RECOMMENDATION - TO CONDUCT ST. MARGARET' S HOUSE WINTER 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. Kathryn Schneider, 117 North Lafayette, South Bend, Indiana to conduct the above referred to walk, on February 23, 2003, beginning at 2:30 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 RECOMMENDATION - TO CONDUCT KEYBANK SALMON CHASE Mr. Gilot stated that favorable recommendations have been received by Traffic & Lighting, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Kim Sult, Madison Center, 403 Eat Madison Street, South Bend, Indiana to conduct the above referred to event, on October 4, 2003, beginning at 8:00 a.m., on the designated route as submitted. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved. CANCELLATION OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Certificate of Insurance was cancelled: Northern Indiana Construction - To be Released December 26, 2002 APPROVE TITLE SHEET - SANITARY SEWER EXTENSION - PORTAGE AVENUE TEACHERS CREDIT UNION 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. Littrell, seconded by Mr. Gilot and carried, the above referred to Title Sheet was approved and signed. FILING OF SAFETY REPORTS - DEPARTMENT OF PUBLIC WORKS The Division of Engineering, Environmental Services, Water Works, Central Services and Street Department submitted Safety Reports for October 2002. 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 and Organic Resources for the month of October 2002. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the report was accepted and filed. 031 --7- REGULAR MEETING NOVEMBER 12, 2002 FILING OF MONTHLY REPORT - WATER WORKS Mr. Andy Wierzbicki, Water Works, submitted a report for the Water Works, for the month of October 2002. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the report was accepted and filed. 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 McCollough-Scholten Construction JB Builders EXCAVATION BONDS McCollough-Scholten Construction Released Effective November 7, 2002 Released Effective November 7, 2002 New Bond Submitted Released Effective November 7, 2002 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds 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 $2,583,391.29 October 28, 2002 City of South Bend St. Joseph County Housing Consortium $ 18,492.10 October 29, 2002 St. Joseph County Housing Consortium $ 3,445.20 October 29, 2002 St. Joseph County Housing Consortium $ 204.29 October 29, 2002 St. Joseph County Housing Consortium $ 3,237.06 October 29, 2002 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 9:15 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Carl P Littrell, Member D nald E. Inks, Member ATTEST: Angela Yd Jacob, Clerk/ 1 1 J 31 a.'. REGULAR MEETING NOVEMBER 12, 2002 11. Contractor shall provide a certificate of liability insurance in the amount of $300,000, naming the City of South Bend as an additional insured for all work done under these contracts. 12. Contractor agrees to indemnify the City for any liability costs, attorney fees, or damages arising out of any action of the contractor. 13. Nothing in this resolution shall prohibit the City of South Bend from modifying this policy from time to time, nor shall anything contained herein prohibit the City of South Bend from utilizing its own towing vehicles for any purpose. Dated this7th day of November, 2002. BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 67-2002 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was approved by the Board of Public Works: RESOLUTION NO. 67-2002 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 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, MICHAEL KALKA has retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established 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; and WHEREAS, Chief Luther Taylor has advised that the fire helmet previously worn by this Firefighter is of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by this Firefighter is no longer needed by the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 7`h day of November 2002.