HomeMy WebLinkAbout08/27/01 Board of Public Works Minutesi.J 2
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REGULAR MEETING AUGUST 27, 2001
The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, August
27, 2001, 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 ITEMS
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following items were
added to the agenda:
- Contractor Bond
- Request for Temporary Occupancy
- Supplemental Agreement - Abonmarche Group
- Claims - City of South Bend
- Award Bid - South Michigan Street
- Award Bid - Dubail Street Improvements
OPENING OF BIDS/AWARD BID - 2001 CONCRETE PAVEMENT REPAIRS - PROJECT NO.
101-053
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:
LAPORTE CONSTRUCTION COMPANY, INC.
Post Office Box 577
LaPorte, Indiana 46352
Bid was signed by Mr. Thomas Blackburn
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $211,771.11
RIETH RILEY CONSTRUCTION COMPANY, INC.
25200 State Road 23
South Bend, Indiana 46634
Bid was signed by Mr. Christopher Weinkauf
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $240,492.50
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: $414,454.25
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred
to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Toy
Villa, Public Construction Manager, recommends that the Board award the contract to LaPorte
Construction in the amount of $211,771.11. Therefore, Mr. Littrell made a motion that the
recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the
motion which carried.
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REGULAR MEETING
AUGUST 27, 2001
OPENING OF BIDS/AWARD BID - QUEEN STREET IMPROVEMENTS - PORTAGE AVENUE
TO KESSLER BOULEVARD - PROJECT NO. 101-031
This was the date set for receiving and opening of sealed bids for the above referred to project. The
Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News
which were found to be sufficient. The following bids were opened and publicly read:
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: $93,144.00
MCINTRYE JONES CONSTRUCTION, LLC
2526 West 61" Street
Mishawaka, Indiana 46544
Bid was signed by Mr. Jeff Bradley
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $96,419.00
SELGE CONSTRUCTION COMPANY, INC.
2833 Southl lth 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: $101,642.00
RIETH RILEY CONSTRUCTION COMPANY INC
Post Office Box 1775
South Bend, Indiana 46634
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: $97,433.00
THE ROBERT HENRY CORPORATION
Post Office Box 1407
South Bend, Indiana 46624
Bid was signed by Mr. Stephen Henry
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
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REGULAR MEETING AUGUST 27, 2001
BID: $110,725.00
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above bids were referred
to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Toy
Villa, Public Construction Manager, recommends that the Board award the contract to Walsh &
Kelly, Inc. n the amount of $93,144.00. Therefore, Mr. Littrell made a motion that the
recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the I
motion which carried.
OPENING OF QUOTATIONS - MORRIS PERFORMING ARTS CENTER - SIDEWALK AND
ENTRANCE IMPROVEMENTS - PROJECT NO. 101-059
Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for
the above referred to project. The following Quotations were opened and read:
KASER SPRAKER CONSTRUCTION, INC.
25487 West State Road 2
South Bend, Indiana 46619
Quotation was submitted by Mr. Gary L. Spraker
QUOTATION: $37,724.00
L.L. GEANS CONSTRUCTION COMPANY
1923 North Home Street
Mishawaka, Indiana 46545
Quotation was submitted by Mr. Rocky Geans
QUOTATION: $38,235.00
CASTEEL CONSTRUCTION CORPORATION
23186 West Ireland Road
South Bend, Indiana 46614
Quotation was submitted by Mr. R.V. Casteel
QUOTATION: $49,400.00
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above Quotations were
referred to the Division of Engineering for review and recommendation.
OPENING OF QUOTATIONS/AWARD QUOTATION - MIAMI VIADUCT/BRIDGE PAINTING
- PROJECT NO. 101-057
Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for
the above referred to project. The following Quotations were opened and read:
N.I. SPANOS PAINTING, INC.
Post Office Box 10907
Merrillville, Indiana 46411
Quotation was submitted by N.I. Spanos Painting Inc.
QUOTATION: $31,500.00
ZIOLKOWSKI CONSTRUCTION, INC.
Post Office Box 1106
South Bend, Indiana 46624
Quotation was submitted by Mr. Ben Ziolkowski
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REGULAR MEETING
by Mr. Inks and carried, the recommendation was approved.
AUGUST 27, 2001
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 - Handicapped
518 Indiana
Ms. Ewing has met all
Accessible Parking Space Signs
requirements
New Installation - Handicapped
1310 South 29t" Street
Mr. Cunningham has met all
Accessible Parking Space Signs
requirements
Removal - Handicapped
811 South Pulaski
Signs no longer needed
Accessible Parking Space Signs
New Installation - 3-Way Stop
Dale and Dayton
Dayton Street is closed at
Dale; request the intersection
be a 3-way stop
New Installation - Stop Sign
Harvest Pointe at Brick
"T" Intersection
Road; Ashard Drive at
Harvest Pointe; Cherry
Pointe at Harvest Pointe
New Installation - No Right Turn,
William at Madison
Requested by South Bend
South Bound/No Left Turn,
North Bound
Police Department. Officers
that are patrolling area
reported cars traveling wrong
way on Madison.
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 Mr. Harvey Buhler. The Consent indicates that in consideration for
permission to tap into the public sanitary sewer system of the City, to provide sanitary water service
to Lot 2 Ranch Acres East of Juniper Road on south side of Cleveland Road, South Bend, Indiana,
(Key # 02-1020-042710), Mr. Buher 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.
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:
South Bend Community School Corporation Alzheimer's Association
635 South Main Street Northern Indiana Chapter
South Bend, Indiana 46601 425 North Michigan
South Bend, Indiana 46617
RELEASE CONTRACTOR AND EXCAVATION BONDS
Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following
Contractors and Excavation Bonds be released as follows:
BOND OF CONTRACTOR
Premier Excavating, Inc. Released Effective August 27, 2001
EXCAVATION BOND
Premier Excavating, Inc. Released Effective August 27, 2001
Mr. Littrell made a motion that the recommendation be accepted and that the Bonds be released as
outlined above. Mr. Inks seconded the motion which carried.
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REGULAR MEETING AUGUST 27, 2001
QUOTATION: $46,200.00
FIVE STAR PAINTING, INC.
3959 Bluebell Street
Portage, Indiana 46368
Quotation was submitted by Mr. Steve Passaloukos
QUOTATION: $52,750.00
Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above Quotations were
referred to the Division of Engineering for review and recommendation. After reviewing those
quotations, Mr. Toy Villa, Public Construction Manager, recommends that the Board award the
contract to N.I. Spanos Painting in the amount of $31,500.00. 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 - ROBERT BOSCH CORPORATION FACILITIES UPGRADE - PHASE I -
PROJECT NO. 101-046
Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, 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 Kaser Spraker Construction, Inc., 25487 West State Road 2,
South Bend, Indiana in the amount of $1,899,995.00.
Mr. Thomas Bodnar stated that the Board received two bids for the Bosch project. The
specifications required that in addition to the Form 96, a four -page bid form had to be filled out and
signed, with questions and information specific to this project. In the case of one of the bidders, two
separate sections were not filled out, the base bid breakdown and the contractor list. Each contained
the notation that it would be filled out within 24 hours. Whether it was legally sufficient to submit
the information 24 hours after the opening of the bid, the information was never submitted to the
Clerk of the Board of Public Works. IC 36-1-12-4(b)(10) states that in determining whether bidders
are responsive the Board may consider the following factors:
"(A) Whether the bidder has submitted a bid or quote that conforms in all material
respects to the specifications.
(B) Whether the bidder has submitted a bid that complies specifically with the
invitation to bid and the instructions to bidders.
(C) Whether the bidder has complied with all applicable statutes, ordinances,
resolutions or rules pertaining to the award of a public contract."
This particular bidder clearly did not submit a bid that complied with the invitation to bid and the
instructions to bidders. The bidder was aware of the requirements, since there was writing over the
place where the information should have been typed or written in. The notice on the first page of
the bid form was emboldened. For these reasons, it is in the Board's power to state that as this
particular bid did not comply with instructions to bidders, the bid was not responsive and is
disqualified. The fact that the bid is not responsive is not a comment on whether the bidder is
responsible, and it conveys no slur or any other comment on the character, reputation, competence,
experience, or ability of the bidder or on its capacity to perform the work.
The second bid was filled out completely. A review of the numbers included in its base bid
breakdown shows that they were filled in, but added up incorrectly to give the total base bid. This
matter has been brought to our attention and verified. The correct number should have been 5%
higher, and the incorrect number was then transferred to the first page of Form 96. Although the
contract has not yet been let, the Board of Public Works has been notified of the discrepancy in the
numbers.
REGULAR MEETING AUGUST 27, 2001
Despite the difference between the two numbers, either would be the lowest bid on the project.
Unlike the other bid, all portions were filled out, so the bid is responsive. While it is an obvious
mathematical error, it is not the kind of error which would render the bidder as not responsible,
within the meaning suggested by IC 36-1-12-4(b)(11). The purpose of competitive bidding statutes
is to prevent fraud, extravagance, corruption, and to ensure honest competition. Schindler Elevator
Corporation v. Metropolitan Development Commission, 641 NE2d 653 (1994). All possible bidders
were given the opportunity to bid as the requirements of the statutes are met. The competitive
bidding process has been safeguarded.
A case involving an award of a bid in which a mathematical error occurred is Board of School
Commissioners of the City of Indianapolis v. Bender, 72 NE2d 154, 36 Ind. App 164(1904). In
compiling the bid, the bidder mis-turned a page and did not include a substantial amount of costs
when the bid was submitted. This was discovered only after the contract had been let, and the bidder
was able to have the contract declared a nullity as there was no meeting of the minds. More
importantly, the mistake was deemed an excusable one. In this case we have an excusable mistake
made known prior to the awarding of the bids, and that mistake is contained in the documents which
were opened in public and submitted at the proper time. Scriveners' errors are usually deemed
correctable, and the correct figure is inserted into contracts. The Board can and should accept the
corrected figure as it has knowledge prior to awarding the bid, and it can only award it for the
amount that is the correct addition for the base bid breakdown. There was never any meeting of the
minds on the lower figure which is the result of the error.
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 - SOUTH MICHIGAN STREET IMPROVEMENTS - DONMOYER TO EWING
STREET - PROJECT NO. 101-029
Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, 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 Rieth Riley Construction Company, Inc., Post Office Box 1775,
South Bend, Indiana, in the amount of $247,000.00, which is the base bid and alternate. Therefore,
Mr. Littrell 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 - DUBAIL STREET AND DOUGLAS STREET IMPROVEMENTS - PROJECT
NO. 101-026
Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, 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 Rieth Riley Construction, Post Office Box 1775, South Bend,
Indiana, in the amount of $153,625.15. 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 ADDENDUM TO AGREEMENT - POPPY ROAD TRUNK SEWER
EXTENSION - ABONMARCHE GROUP
Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of
South Bend and The Abonmarche Group, 750 Lincolnway East, South Bend, Indiana, for
professional services for the above referred to project. Mr. Gilot noted that the Addendum is in the
amount of $18,900.00, bringing the total contract sum to $93,400.00. Therefore, upon a motion
made by Mr. Littrell, seconded by Mr. Inks and carried, the Addendum to the Agreement was
approved and executed.
APPROVAL OF CONTRACT - SALE OF PERSONAL PROPERTY AT PUBLIC AUCTION -
KASER'S AUCTION
Mr. Gilot stated that the Board is in receipt of a Contract between the City of South Bend and
Kaser's Auction, 67601 Pine Road, North Liberty, Indiana, for the services of a public auction to be
held on October 13, 2001, for the sale of personal property. Mr. Gilot noted that the Contract is in
the amount of 5% commission. Therefore, upon a motion made by Mr. Gilot, seconded by Mr.
Littrell and carried, the Contract was approved and executed.
REGULAR MEETING AUGUST 27, 2001
APPROVAL OF AUTHORIZATION FOR ENTRY UPON PUBLIC PROPERTY - HULL AND
ASSOCIATES
Mr. Gilot stated that the Board is in receipt of an Authorization for Entry Upon Public Property
between the City of South Bend and Hull and Associates, 6130 Wilcox Road, Dublin, Ohio, for
access to city -property at the north side of West Sample Street in the 600 and 700 blocks for purpose
of drilling three holes and test wells for a property assessment. Therefore, upon a motion made by
Mr. Gilot, seconded by Mr. Ink and carried, the Authorization for Entry Upon Public Property was
approved and executed.
APPROVE TITLE SHEET - FISHER STREET IMPROVEMENTS - KALEY TO MEADE
STREETS - PROJECT NO. 101-034
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. Inks and carried, the
above referred to Title Sheet was approved and signed.
APPROVE TITLE SHEET - PORTAGE AVENUE IMPROVEMENTS - LELAND AVENUE TO
PORTAGE COURT - PROJECT NO. 101-033
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. Inks and carried, the
above referred to Title Sheet was approved and signed.
APPROVE CONTRACTOR BOND
Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following
Contractor Bond be approved as follows:
BOND OF CONTRACTOR
Jose Palomo Approved Effective August 14, 2001
Mr. Inks made a motion that the recommendation be accepted and that the Bond be approved as
outlined above. Mr. Littrell seconded the motion which carried.
APPROVAL OF REQUEST FOR TEMPORARY OCCUPANCY
In a letter to the Board, Mr. Kevin Smith, Lonewolf Enterprises, 506 West South Street, South Bend,
Indiana, requested permission to occupy the curb cut parking area of South Street at 326 West South
Street for construction material. The construction material is for remodeling of tenant space inside
the Union Station Building. The project is anticipated to last approximately 14-16 weeks. An
Occupancy Bond in the amount of $5,000 was also submitted to the Board. Upon a motion made
by Mr. Littrell, seconded by Mr. Inks and carried, the Temporary Occupancy was approved. It was
agreed that this project would begin after the baseball season at Coveleski Stadium.
APPROVE CLAIMS
Mr. Gilot stated that the following claims were submitted to the Board for approval:
Name
Amount of Claim
Date
Comments
City of South Bend
$3,101,623.63
August 27, 2001
Approved August 27,
2001
Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr.
Littrell seconded the motion which carried.
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 August 23, 2001.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the regular
REGULAR MEETING AUGUST 27, 2001
meeting of the Board held on August 13, 2001, were approved.
AWARD BID - ONE (1) JET RODDER
Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on July 30, 2001,
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 Deeds Equipment Company, Inc.,
2203 North Michigan Road, Plymouth, Indiana, in the amount of $188,972.00, which includes
options and trade-in. 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 - SOUTH BEND DAM REPAIRS - PHASE I - NORTHERN INDIANA
CONSTRUCTION -= PROJECT NO. 101-045
Mr. Carl P. Littrell, City Engineer, advised the Board that on August 13, 2001, 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 Northern Indiana, Post Office Box 1333, Mishawaka, Indiana, in the
amount of $866,499.33, which is the base bid and alternate. 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.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - FISHER STREET
IMPROVEMENTS - KALEY STREET TO MEADE STREET - PROJECT NO. 101-034
In a memorandum to the Board, Mr. David Koppana, Engineer, requested permission to advertise
for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr.
Littrell, seconded by Mr. Inks and carried, the request to advertise for the receipt of bids was
approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - PORTAGE
AVENUE IMPROVEMENTS - LELAND AVENUE TO PORTAGE COURT - PROJECT NO. 101-
033
In a memorandum to the Board, Mr. David Koppana, Engineer, requested permission to advertise
for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Inks,
seconded by Mr. Gilot and carried, the request to advertise for the receipt of bids was approved.
APPROVE CHANGE ORDER - LABORATORY CASEWORK REPLACEMENT -
WASTEWATER TREATMENT PLANT - KASER SPRAKER CONSTRUCTION INC. -
PROJECT NO. 100-98
Mr. Gilot advised that Mr. Jack Dillon, Director, Environmental Services, has submitted Change
Order No. 1 on behalf of Kaser Spraker Construction, Inc., 25487 West State Road 2, South Bend,
Indiana indicating that the Contract amount be increased $15,798.00 for a new Contract sum
including this Change Order in the amount of $112,973.00. Upon a motion made by Mr. Littrell,
seconded by Mr. Gilot and carried, the Change Order was approved.
APPROVE CHANGE ORDER - SOUTH SIDE SEWER AND WATER EXTENSION- PHASE II -
HRP CONSTRUCTION - PROJECT NO. 101-005
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
No.1 on behalf of HRP Construction, Inc., Post Office Box 266, South Bend, Indiana, indicating that
the Contract amount be increased $27,512.50 for a new Contract sum including this Change Order
in the amount of $494,211.30. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and
carried, the Change Order was approved.
APPROVE CHANGE ORDER/PROJECT COMPLETION AFFIDAVIT - SOUTH SIDE SEWER
AND WATER EXTENSION- PHASE II - HRP CONSTRUCTION - PROJECT NO. 101-005
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
No. 2 on behalf of HRP Construction, Inc., Post Office Box 266, South Bend, Indiana, indicating that
the Contract amount be decreased $34,169.40 for a new Contract sum including this Change Order
in the amount of $460,041.90. Also submitted at this time was a Project Completion Affidavit in
this final amount. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the
Change Order and Project Completion Affidavit were approved, subject to the filing of the
Maintenance Bond and Waiver of Lien.
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REGULAR MEETING AUGUST 27, 2001
APPROVE CHANGE ORDER - POPPY ROAD TRUNK SEWER EXTENSION - HRP
CONSTRUCTION - PROJECT NO. 101-023
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manger, has submitted Change Order No.
1 on behalf of HRP Construction, Post Office Box 266, South Bend, Indiana, indicating that the
Contract amount be increased $36,769.00 for a new Contract sum including this Change Order in
the amount of $926,599.10. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried,
the Change Order was approved.
APPROVAL OF AGREEMENT - EMERGENCY MEDICAL SERVICES - FOOTBALL SEASON
2001 - UNIVERSITY OF NOTRE DAME
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
the University of Notre Dame, for emergency medical services during the 2001 football season. It
was noted that the Board of Public Safety approved this Agreement on August 15, 2001. Therefore,
upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved
and executed.
APPROVAL OF AGREEMENT -OPERATION AND FISCAL OVERSIGHT OF THE PORTAGE
AVENUE CORRIDOR MATCHING GRANT PROGRAM - CORPORATION FOR
ENTREPRENEURIAL DEVELOPMENT
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
the Corporation for Entrepreneurial Development (CED), for the conveyance of funds to the CED
from the Portage Corridor Funds in order for the CED to perform oversight of the expenditures of
funds relating to the Portage Corridor Matching Grant Program. Mr. Gilot noted that the Agreement
is in the amount of $35,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot
and carried, the Agreement was approved and executed.
APPROVE BUILDING BLOCK GRANT AGREEMENTS
The following Building Block Grant Agreements were presented to the Board for approval:
909 Beale - $125
1229 East Cedar - $125
5124 Wet Colfax - $125
1703 North College - $125
1109 Diamond - $125
1110 Diamond - $125
1434 East Donald - $125
629 East Eckman - $125
1215 North Elliott - $125
2409 Hollywood Place - $125
1943 North Huey - $125
706 South Kaley - $125
1120 North Lawrence - $125
730 South Liberty - $125
1409 East Miner - $125
2131 Morris Street - $125
1210 North Olive - $125
1013 Roosevelt - $125
1256 East Sorin - $125
513 North Sunnyside - $125
517 North Sunnyside - $125
419 Walsh - $125
3703 West Washington - $125
815 Woodcliff Drive - $125
1076 Woodward Avenue - $125
707 Sherman - New Horizons Outreach Ministry - $1,000
1020 North Wilber - Holy Cross Church and School - $550
1734 N. Fremont, 1746 N. Fremont, 1747 N. Fremont, 1749 N. Fremont, 1849 N.
Fremont - Partner Families United - Matching Grants - $5,000 ($10,000 total
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REGULAR MEETING
project value)
AUGUST 27, 2001
3702 South Michigan - Sonlight Fellowship Wesleyan Church - $2,200 ($4,400 total
project value)
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above referred to
Agreements were approved and executed.
APPROVAL OF PROFESSIONAL SERVICES AGREEMENT - CHAPIN STREET
RECONSTRUCTION - AMERICAN CONSULTING INC.
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
American Consulting, Inc., 7260 Shadeland Station, Indianapolis, Indiana, for professional design
and engineering services related to the Chapin Street Reconstruction. Mr. Gilot noted that the
Agreement is in the amount of $59,000.00. Therefore, upon a motion made by Mr. Littrell, seconded
by Mr. Gilot and carried, the Agreement was approved and executed.
ADOPT RESOLUTION NO.47-2001 - DISPOSAL OF CITY -OWNED PROPERTY
Upon a motion made by Mr. Inks, seconded by M. Littrell and carried, the following Resolution was
adopted by the Board of Public Works:
RESOLUTION NO. 47-2001
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, JAMES DOWDY 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 23' day of August, 2001.
BOARD OF PUBLIC WORKS
s/Gary A. Gilot, President
REGULAR MEETING
ATTEST:
s/Angela K. Jacob, Clerk
AUGUST 27, 2001
s/Carl P. Littrell, Member
s/Donald E. Inks, Member
ADOPT RESOLUTION NO.48-2001 - DISPOSAL OF CITY -OWNED PROPERTY
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. 48-2001
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, WAYNE CANNADY 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 23`d day of August, 2001.
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
APPROVAL OF RECOMMENDATION - TO CONDUCT WALK FOR HEALTH AND HUNGER
- SOUTH BEND AREA LINKS
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 Ms. Phyllis Syers, South Bend Area Links, 402 North Esther, South Bend, Indiana, to
REGULAR MEETING
AUGUST 27, 2001
conduct the above referred to walk on September 22, 2001, on the designated route as submitted.
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the recommendation was
approved.
APPROVAL OF RECOMMENDATION - TO CONDUCT WALK-A-THON - PENTECOSTAL
CHURCH
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 Ms. Myrtha McKinney Pentecostal Church,1025 West Western, South Bend, Indiana,
to conduct the above referred to walk on September 8, 2001, on the designated route as submitted.
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was
approved.
APPROVAL OF RECOMMENDATION - TO CONDUCT MUSCULAR DYSTROPHY
MOTORCYCLE RIDE - A B A T E
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. Chris Moore, A.B.A.T.E., 6210 U.S. 31 South, South Bend, Indiana, to conduct
the above referred to motorcycle ride on September 2, 2001, 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 - INSTALLATION OF GATE - FIRST NORTH/SOUTH
ALLEY EAST OF PORTAGE AVENUE
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Fire Department, Police Department, Building Department and the City Attorney's office, in
reference to a request as submitted by Mr. Dan Chapman, 330 West Navarre Street, South Bend,
Indiana, to install a gate at the first north/south alley east of Portage from the south right of way of
West Navarre Street, as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and
carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - INSTALLATION OF GATE - BROOK STREET AT
MIAMI STREET
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Fire Department, Police Department, Building Department and the City Attorney's office, in
reference to a request as submitted by Ms. Inge Gladieux, Miami Village Association, 1518 Miami
Street, South Bend, Indiana, to install a gate on Brook Street twenty feet from Miami, as submitted.
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was
approved, subject to a receipt of an acceptance letter by the homeowner abutting the alley.
APPROVAL OF RECOMMENDATION - TO CONDUCT RIVER PARK DAY 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. David Nufer, River Park Business Association, 724 West Edison Road,
Mishawaka, Indiana to conduct the above referred to parade on September 29, 2001, from 10:00 a.m.
until 10:30 a.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded
by Mr. Littrell and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - ALTGELD FORM ERSKINE
BOULEVARD TO ALLEY BEHIND 2401 ERSKINE - ANNUAL 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 Mr.
Dennis Fountain, 2319 Erskine, South Bend, Indiana, to conduct the above referred to block party
on September 8, 2001, from 2:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Littrell, seconded
by Mr. Inks and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - HARRISON FROM
LINCOLNWAY TO LINDSEY - BACK TO SCHOOL RALLY
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
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REGULAR MEETING AUGUST 27, 2001
Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Carl
Underwood, 634 Harrison, South Bend, Indiana, to conduct the above referred to block party on
August 25, 2001, from 10:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Gilot, seconded by
Mr. Littrell and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - WELLINGTON FROM FORD
TO DUNHAM - 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 Mr.
Curtis Leonard, 721 South Wellington, South Bend, Indiana, to conduct the above referred to block
party on September 1, 2001, from 10:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Littrell,
seconded by Mr. Gilot and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - BLAINE FROM
LINCOLNWAY WEST TO HARVEY - 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 Mr.
Anthony Taylor, 536 North Blaine, South Bend, Indiana, to conduct the above referred to block party
on September 2, 2001, from 4:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Littrell, seconded
by Mr. Inks and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - KENMORE FROM DUNHAM
TO SAMPLE - 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.
Monique Chatman, 830 South Kenmore, South Bend, Indiana, to conduct the above referred to block
party on August 25, 2001, from 3:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - LEER FROM INDIANA TO
RAYMOND - 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.
Annette Bradley, 1511 Leer, South Bend, Indiana, to conduct the above referred to block party on
August 25, 2001, from 9:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Gilot, seconded by
Mr. Inks and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATI.O_ N - TO CLOSE STREET - SYCAMORE FROM LASALLE
TO COLFAX - CLUB PICNIC
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.
Nancy Ackley, 219 Sycamore, South Bend, Indiana, to conduct the above referred to block party on
August 25, 2001, from 11:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by
Mr. Gilot and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - MIAMI FROM CALVERT TO
EWING - MIAMI VILLAGE FALL FESTIVAL
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.
Stephen Krupnik, 1072 Lincolnway East, South Bend, Indiana, to conduct the above referred to
block party on October 7, 2001, from 8:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Gilot,
seconded by Mr. Littrell and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - KENMORE FROM
JEFFERSON TO WESTERN - 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 Mr.
Jackson, 323 South Kenmore, South Bend, Indiana, to conduct the above referred to block party on
September 2, 2001, from 3:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Littrell, seconded
REGULAR MEETING
AUGUST 27, 2001
APPROVE CLAIMS
Mr. Gilot stated that the following claims were submitted to the Board for approval:
Name
Amount of
Date
Comments
Claim
City of South Bend
$1,418,371.24
August 20, 2001
Approved August 27,
2001
St. Joseph County Housing
$ 14,796.69
August 9, 2001
Approved August 27,
Consortium
2001
St. Joseph County Housing
$ 3,814.06
August 10, 2001
Approved August 27,
Consortium
2001
Warner & Sons (Removal of
$ 5,355.49
July 12, 2001
Approved August 27,
Underground Storage Tanks -
2001
730 United Drive
Warner & Sons (Removal of
$ 18,479.00
July 12, 2001
Approved August 27,
Underground Storage Tanks -
2001
730 United Drive
Baker & Daniels (Municipal
$ 279.12
August 10, 2001
Approved August 27,
Services Facility)
2001
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 10:03 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Carl P. Littrell, Member
D nald E. Inks, Member
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•- .�Jacob,
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