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HomeMy WebLinkAbout09/10/01 Board of Public Works Minutes02W REGULAR MEETING SEPTEMBER 10, 2001 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, September 10, 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. AGENDA ITEMS ADDED Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following items were added to the agenda: - Construction Contract - Queen Street Improvements - Project No. 10 1 -031 - Construction Contract - South Bend Dam Repairs - Project No. 101-045 - Project Completion Affidavit - Wayne Street/Western Avenue Repairs - Project No. 101-002A - Title Sheet - Leeper Park - Riverside Drive Parking Improvements - Project No. 101-035 OPENING OF BIDS - HUMBOLDT STREET IMPROVEMENTS - OLIVE STREET TO KALEY STREET - PROJECT NO. 101-030 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: PIONEER ASSOCIATES, INC. Post Office Box 145 Leo, Indiana 46765 Bid was signed by Ms. Kathy Jones, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Base Bid: $56,791.50 Alternate A: $39,662.30 TOTAL: $96,453.80 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin Kelly, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Base Bid: $59,057.50 Alternate A: $40,976.75 TOTAL: $99,976.75 RIETH RILEY CONSTRUCTION, 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 Base Bid: $ 60,392.50 Alternate A: $ 45,189.25 TOTAL: $105,581.75 REGULAR MEETING THE ROBERT HENRY CORPORATION Post Office Box 1407 South Bend, Indiana 46624 Bid was signed by Mr. Stephen Henry, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Base Bid: $ 78,178.00 TOTAL: $132,477.00 SELGE CONSTRUCTION COMPANY INC. 2833 South I lth Street Niles, Michigan 49120 Bid was signed by Mr. John Szuba, Concrete Operations Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Base Bid: $ 65,334.00 Alternate A: $ 44,230.50 TOTAL: $109,564.50 MCINTYRE JONES CONSTRUCTION LLC 2526 West 6t" Street Mishawaka, Indiana 46544 Bid was signed by Mr. Jeffrey Bradley Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Base Bid: $58,745.50 Alternate A: $41,040.55 TOTAL: $99,786.05 SEPTEMBER 10, 2001 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS/AWARD BID - DEMOLITION OF BUILDING AT 215 SOUTH MAIN STREET - PROJECT NO. 101-056 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: WARNER AND SONS, INC. Post Office Box 87 Elkhart, Indiana 46515 Bid was signed by Mr. Jack Warner Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 1 1 0 r 1.) REGULAR MEETING BID: $83,122.00 RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. David Reinhold Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $112,281.00 SEPTEMBER 10, 2001 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Carl Littrell, City Engineer, recommends that the Board award the contract to the lowest responsible and responsive bidder, Warner and Sons, Inc., in the amount of $83,122.00. 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 QUOTATION - MORRIS PERFORMING ARTS CENTER - SIDEWALK AND ENTRANCE IMPROVEMENTS - PROJECT NO. 101-059 Mr. Carl P. Littrell, City Engineer, advised the Board that on August 27, 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 Kaser Spraker Construction, 25487 West State Road 2, South Bend, Indiana in the amount of $37,724.00. 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. APPROVAL OF AGREEMENT - OLIVER SCHOOL RE -USE PLAN - GREGORY A. KIL & ASSOCIATES, INC./CARDINAL DEVELOPMENT, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Gregory A. Kil & Associates, 1126 Lincolnway East, South Bend, Indiana, for the development of a re -use plan for Oliver School in the Rum Village Neighborhood. Mr. Gilot noted that the Agreement is in the amount of $37,500.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Agreement was approved and executed, subject to the Legal Department reviewing the changes the recommended which would be incorporated into the final draft of the Agreement. APPROVE CONSTRUCTION CONTRACT - QUEEN STREET IMPROVEMENTS - PORTAGE AVENUE TO KESSLER BOULEVARD - WALSH & KELLY, INC. - PROJECT NO 101-031 Mr. Gilot advised that in accordance with the bid awarded on August 27, 2001, to Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $93,144.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - SOUTH BEND DAM REPAIRS - NORTHERN INDIANA CONSTRUCTION COMPANY - PROJECT NO. 101-045 Mr. Gilot advised that in accordance with the bid awarded on August 23, 2001, to Northern Indiana Construction Company, Post Office Box 1333, Mishawaka, Indiana, in the amount of $866,499.33 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. REGULAR MEETING SEPTEMBER 10, 2001 APPROVE PROJECT COMPLETION AFFIDAVIT - WAYNE STREET/WESTERN AVENUE IMPROVEMENTS - KASER SPRAKER CONSTRUCTION - PROJECT NO. 101-002A Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit 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 $36,496.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY - FIRST NORTH SOUTH ALLEY WEST OF ST. LOUIS BOULEVARD Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. James Lafkin, J&J Leasing, 110 South Hill Street, South Bend, Indiana to vacate the following alley: The first north/south alley west of St. Louis Boulevard from the right of way line of Washington Street to the first east/west alley for a distance of 198 feet and a width of 14 feet. Being a part of Cottrell's Addition to the City of South Bend, St. Joseph County, Indiana. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Area Plan noted that the three properties at the southern end of the alley use the alley for access to their properties. The owners of these properties have not signed the petition to vacate this alley. Also, there are utilities present in the alley. Area Plan recommends that if the alley is vacated, that it be done so subject to providing any utility easements, cross -easements and turning radii that may be necessary. The Division of Engineering concurs with this. The City Engineer noted that the proposed vacation would create a "T" alley, and his favorable recommendation is contingent upon the petitioner creating a n accomodation for truck turning movements from the stem of the `T". Therefore, Mr. Gilot made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Inks 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 recessed at 10:00 a.m., with the meeting to reconvene at 1:00 p.m. to award the bid for Humboldt Street. RECONVENE BOARD OF PUBLIC WORKS MEETING The regular meeting of the Board of Public Works was reconvened at 1:00 a.m. on Monday, September 10, 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. AWARD BID - HUMBOLDT STREET IMPROVEMENTS - OLIVE STREET TO KALEY STREET -PROJECT NO. 101-030 Mr. Carl P. Littrell, City Engineer, advised the Board that on September 10, 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 Pioneer Associates, Inc., Post Office Box 145, Leo, Indiana in the amount of $96,453.80, 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. APPROVE TITLE SHEET - LEEPER PARK - RIVERSIDE DRIVE PARKING IMPROVEMENTS - PROJECT NO. 101-035 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. Inks and carried, the above referred to Title Sheet was approved and signed. REGULAR MEETING SEPTEMBER 10, 2001 RATIFICATION OF PREVIOUSLY APPROVED ITEMS Upon a motion made by Mr. Gilot, seconded by Mr. Inks 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 September 6, 2001. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the regular meeting of the Board held on August 27, 2001, were approved. OPENING OF QUOTATIONS - LIQUID ANTI -ICING AND DE-ICING Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to materials. The following Quotations were opened and read: NORTHERN EQUIPMENT COMPANY, INC. 16465 West Lincoln Highway Plymouth, Indiana 46563 Quotation was submitted by Mr. Willard Frost QUOTATION: Monroe Model 1850 -30-3 Anti -Icing/ De -Icing Equipment Baffle Ball Kit Add $4.60 Per Ball $17,644.00 $70,676.00/Four SNOW EQUIPMENT SALES, INC. 1273 Air City Avenue Dayton, Ohio 45404 Quotation was submitted by Mr. David Stewart QUOTATION: Model DAS-3-190-1635-ELBF Liquid Anti-Icing/De-Icing Systems $14,790.00 Each Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above Quotations were referred to Central Services and the Street Department for review and recommendation. APPROVE CHANGE ORDER - EAST RACE WALKWAY - NORTHERN INDIANA CONSTRUCTION COMPANY - PROJECT NO. 99-13 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 2 on behalf of Kankakee Valley Construction Company, Post Office Box 1471, LaPorte, Indiana, indicating that the Contract amount be increased $4,102.50 for a new Contract sum including this Change Order in the amount of $214,291.86. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - POPPY ROAD SEWER EXTENSION - HRP CONSTRUCTION. INC. - PROJECT NO. 101-023 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 increased $6,650.00 for a new Contract sum including this Change Order in the amount of $933,249.10. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVE CHANGE ORDER - MORRIS PERFORMING ARTS CENTER - FOUNTAIN RESTORATION - EDWARD J. WHITE - PROJECT NO. 101-010 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Edward J. White, 1011 South Michigan, South Bend, Indiana indicating that the 0; . REGULAR MEETING SEPTEMBER 10, 2001 Contract amount be increased $1,658.00 for a new Contract sum including this Change Order in the amount of $26,362.00. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - SOUTH SIDE SANITARY SEWER AND WATER MAIN EXTENSION - PHASE I - SELGE CONSTRUCTION COMPANY, INC. - PROJECT NO 100-53 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order on behalf of Selge Construction Company, Inc., 2833 South 11th Street, Niles, Michigan indicating that the contract amount be decreased by $16,751.39 for a new contract sum including this Change Order in the amount of $726,601.23. 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. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - CLEVELAND ROAD ADDED TRAVEL LANES - KANKAKEE VALLEY CONSTRUCTION COMPANY - PROJECT NO. 98-87 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order on behalf of Kankakee Valley Construction, Post Office Box 1471, LaPorte, Indiana indicating that the contract amount be decreased by $39,613.22 for a new contract sum including this Change Order in the amount of $1,197,737.90. 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 REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - LEEPER PARK PARKING IMPROVEMENTS -PROJECT NO 101-035 In a memorandum to the Board, Mr. Jason Durr, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS MIAMI AVENUE AND INDIANA STREET INTERSECTION IMPROVEMENTS - PROJECT NO. 101-032 In a memorandum to the Board, Mr. David Koppana, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to advertise for the receipt of bids was approved. RATIFY CONSTRUCTION CONTRACT - RIVER COMMONS SECTION 10 - SANITARY SEWER EXTENSION - UNDERGROUND SERVICES - PROJECT NO. 101-054 Mr. Gilot advised that in accordance with the bid awarded on August 13, 2001, to Underground Services, 225 South Lafayette, South Bend, Indiana, in the amount of $18,962.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. It was noted that the Contract was approved on August 28, 2001, pursuant to Resolution no. 100-2000. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was ratified and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF PROPOSAL - SOUTH BEND RIVER PARK PROJECT - THE TROYER GROUP Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and the Troyer Group, 550 Union Street, Mishawaka, Indiana, for professional design services for the development of schematic design documents for the above referred to project. Mr. Gilot noted that the Proposal is in the amount not to exceed $7,000.00 plus reimbursables. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Proposal was approved and executed. 02'.- y REGULAR MEETING SEPTEMBER 10, 2001 APPROVAL OF INTERGOVERNMENTAL AGREEMENT - CURB, SIDEWALK AND DRAINAGE IMPROVEMENTS - SAMPLE STREET/OLIVE STREET OVERPASS - ST. JOSEPH COUNTY COMMISSIONERS Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the St. Joseph County Commissioners, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $25,000.00 for the City of South Bend's share in this project. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - OPERATION AND FISCAL OVERSIGHT OF THE MIAMI STREET 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, for administration of the Miami Street Corridor Matching Grant Program. Mr. Gilot noted that this Agreement has no expense to the City of South Bend. Therefore, upon a motion made by Littrell, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF LEASE ADDENDUM - LEASE OF REAL PROPERTY - 2202 WEST HURON - WESTSIDE NEIGHBORHOOD PARTNERSHIP CENTER Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Mr. Michael Rans, REBS, Inc, South Bend, Indiana, for an extension of the lease at 2202 West Huron for the Westside Partnership Center, which is under the same conditions for a term of four months, until January 1, 2001. Mr. Gilot noted that the Agreement is in the amount of $600.00 per month. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVE CONSTRUCTION CONTRACT - DUBAIL STREET AND DOUGLAS STREET IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO. 101-026 Mr. Gilot advised that in accordance with the bid awarded on August 27, 2001, to Rieth Riley Construction, Post Office Box 1775, South Bend, Indiana, in the amount of $153,625.15 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF RECOMMENDATION - TO CONDUCT RILEY HIGH SCHOOL HOMECOMING 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. Anthony Byrd, Riley High School, 1902 Fellows, South Bend, Indiana to conduct the above referred to parade on September 21, 2001, beginning at 5:00 p.m., 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 INTERSECTION SOLICITATION - KIWANIS NEWSPAPER DRIVE 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. Larry Embling, The Healy Group, 53800 Generations Drive, South Bend, Indiana to conduct the above referred to intersection solicitation at Ireland/Michigan; Ireland/Miami; Ireland/Ironwood; Bendix/Lincolnway; Portage/Cleveland; Jefferson/Eddy; Ironwood/Lincolnway; Ironwood/McKinley; Ironwood/Lincolnway; Michigan/Angela; Western/Mayflower; and Ewing/Miami, on September 15, 2001. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved, subject to the wearing of reflective clothing or safety vests. REGULAR MEETING SEPTEMBER 10, 2001 APPROVAL OF RECOMMENDATION - TO CHANGE PARKING RESTRICTIONS TEMPORARILY - SINAI SYNAGOGUE - HIGH HOLY DAYS - 1102 EAST LASALLE 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. Neil Gilbert, Sinai Synagogue, 1102 East LaSalle, South Bend, Indiana, to change parking restrictions at 1102 East LaSalle in conjunction with High Holy Days on September 18, 19, 26 and 27, 2001. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - WASHINGTON FROM NOTRE DAME AVENUE TO ST. PETER STREET - CRIME PREVENTION SEMINAR 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. Sarah Bannon, 812 East LaSalle, South Bend, Indiana, to conduct the above referred to block party on September 11, 2001, from 5:30 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 - WOODWARD AVENUE FROM YUKON TO HUDSON - 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. Elaine Schmucker,1228 Woodward Avenue, 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 - THOMAS FROM MAPLE TO WALNUT - BACK TO SCHOOL 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. Ynetter Jones, 1204 Thomas, South Bend, Indiana, to conduct the above referred to block party on September 15, 2001, from 2:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Gilot advised that the following license application has been received: NAME: Lions Club of Centre Township BY: Thomas Lesniak, President ADDRESS: 61455 Druid Lane STAND TO LOCATED AT: Scottsdale Mall, Wards Auto Store DATES: November 27 through December 24, 2001 FOR THE PURPOSE OF: Sale of Christmas Trees Mr. Gilot further advised that favorable recommendations have been received from the Police Department, Department of Code Enforcement, and the Bureau of Traffic and Lighting for the above application. Additionally provided with the application was a letter of permission from the property owner. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance. ADOPT RESOLUTION NO. 49-2001 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP (NORTH OLIVE 2 ANNEXATION AREA) Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.49-2001 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND 1 1 17 L_ J REGULAR MEETING SEPTEMBER 10, 2001 Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides in relevant part at page 6 that existing water and sewer mains are sufficient to service this area, that existent streets are adequate for public access, and that adequate street lighting was installed under a previous annexation within the Olive Road area. Adopted the 6" day of September, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 51-2001 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP - (MACRI-LAFREE II ANNEXATION AREA) 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. 51-2001 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CLAY TOWNSHIP (MACRI/LAFREE II ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by the sole (100%) property owner which proposes the annexation of real estate located in Clay Township, St. Joseph County, Indiana, which is described more particularly at Table I on page 12 of Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 20.83 acres of largely vacant land, with one single family house on a separate parcel, which property is at least 12.1 % contiguous to the current City limits, i.e. approximately 12.5% contiguous, generally located on the south side of Douglas Road, approximately 1,500 feet east of State Road 23 in Clay Township, Indiana. This annexation area will require a basic level of municipal public services, of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non -capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or 1 1 REGULAR MEETING SEPTEMBER 10, 2001 ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN GERMAN TOWNSHIP ( NORTH OLIVE 2 ANNEXATION AREA) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by all property owners (100%) which proposes the annexation of certain real estate located in German Township, St. Joseph County, Indiana, which is described more particularly at Table I, page 12 in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 1.47 acres of land containing two (2) lots with a residence on each lot, which property is at least 12.1 % contiguous to the current City limits, i.e., approximately 80.8% contiguous, generally located on the east side of Olive Road, approximately 1,300 feet North of Cleveland Road. The annexation territory is proposed for future development by the South Bend Redevelopment Commission, and will require a basic level of municipal public services of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, and services of a capital improvement nature, including street and road construction, a street lighting system, a storm water system, a sanitary sewer system, and a water distribution system; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non -capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non -capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose j obs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described more particularly at Table I, page 12 of Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system within four (4) years ofthe effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. REGULAR MEETING SEPTEMBER 10, 2001 population density, and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other governmental entities whose jobs will be eliminated by the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in Clay Township, St. Joseph County, Indiana, described more particularly at Table I on page 12 of Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. That it shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, snow removal, within one (1) year of the effective date of the annexation in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature such as a sanitary sewer system, a water distribution system, street and road construction, and a street lighting system within four (4) years of the effective date of the annexation in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that existing water mains are sufficient to service this area, that the developer will plan for storm water control and install a proper storm system, as well as an extension of the sewer main line to service this area, that the developer will construct new public streets to access proposed lots for development, that the developer will further provide street lighting within the subdivision, with the City to pay for the street light operations once the lighting system is installed. Adopted the 6tn day of September, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 53-2001 - 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. 53-2001 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 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, DIVISION CHIEF LARRY BLUME has retired from the South Bend Police Department after thirty-three (33) 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 REGULAR MEETING SEPTEMBER 10 2001 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. AD 19829 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 6th day of September 2001. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 54-2001 - 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. 54-2001 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 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 RALPH SZCZEPANSKI has retired from the South Bend Police Department after twenty-seven (27) 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. AD 19174, 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 6th day of September 2001. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk SEPTEMBER 10, 2001 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. Richard Best, 3510 Park Place, 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 61045 US 31 South, South Bend, Indiana, (Key # 01-1051-1354), Mr. Best 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. Gilot made a motion that the Consent be approved. Mr. Littrell 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 Mr. and Mrs. Jerome Ivacic, 19060 Darden Road, 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 the south side of Darden Road, west of Juniper, South Bend, Indiana, (Key # 02-1042-1456), Mr. and Mrs. Ivacic 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. Gilot made a motion that the Consent be approved. Mr. Littrell 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 Mr. and Mrs. Gerald Madigan, 52580 Swanson Drive, 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 the northeast corner of Swanson and Arbor, South Bend, Indiana, (Key # 02-2017-336.21), Mr. and Mrs. Madigan 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. Gilot made a motion that the Consent be approved. Mr. Littrell 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 Mr. and Mrs. Erasmo Chairez, 19570 Dubois Avenue, South Bend, 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 22 and est'/2 of Lot 21, South Bend, Indiana, (Key # 02-1152-7010), Mr. and Mrs. Chairez 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. Gilot made a motion that the Consent be approved. Mr. Littrell 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 Ms. Mary Vega, 23946 Edison Road, 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 Lot 2 and the west 42 feet of Lot 3, south side of Edison Road east of Oak Road, South Bend, Indiana, (Key # 17-1045-147701), Ms. Vega 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. Gilot made a motion that the Consent be approved. Mr. Littrell 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 Mr. Bary Gerard 55603 Currant Road, Mishawaka, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary water system ofthe City, to provide sanitary water service to 23780 Julep Court, South Bend, Indiana, South Bend, Indiana, (Key # 05-1035-044821), Mr. Gerard 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. REGULAR MEETING SEPTEMBER 10, 2001 Therefore, Mr. Gilot made a motion that the Consent be approved. Mr. Littrell seconded the motion which carried. APPROVAL OF GRANT OF EASEMENT - 1529 MIAMI STREET In a memorandum to the Board, Ms. Angela Furore, Community and Economic Development, requested the Board to approve a Grant of Easement for a walkway granted to the City by Mr. Jay Budzon, 1529 Miami. This Agreement grants the City an easement for the east five (5) feet along the entire 144 feet of the lot in order to provide ADA compliant sidewalk. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried the Grant of Easement was approved. APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, a Deed of Dedication for 6143 Miami Road was approved. The Deed of Dedication is in conjunction with the Miami Road sanitary sewer installation. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Twin Brothers Construction Approved Effective August 2, 2001, Pursuant to Resolution No. 100-2000 Kish & Son Concrete Approved Effective September 4, 2001, Pursuant to Resolution No. 100-2000 C.E. Stanford Construction Approved Effective September 4, 2001, Pursuant to Resolution No. 100-2000 EXCAVATION BONDS John Ward Concrete, Inc. Approved Effective September 6, 2001 Kemp Electric Approved Effective August 28, 2001, Pursuant to Resolution No.100-2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Inks seconded the motion which carried. APPROVE WASTEWATER DISCHARGE PERMITS In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Wastewater Discharge Permit and recommended approval: New Energy Corporation 3201 West Calvert Street South Bend, Indiana 46680 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Wastewater Discharge Permit was approved. FILING OF SAFETY REPORTS - DEPARTMENT OF PUBLIC WORKS The Division of Environmental Services, Division of Engineering, Street Department, Water Works and Central Services submitted Safety Reports for August 2001. 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. Inks and carried, the reports were accepted and filed. FILING OF MONTHLY REPORT - ENVIRONMENTAL SERVICES Mr. Jack Dillon, Director of Environmental Services, submitted a monthly report for the Division �I 1 0 REGULAR MEETING SEPTEMBER 10 2001 of Environmental Services, for the Wastewater Treatment Plant, Organic Resources, Solid Waste and Sewer Repair, for the month of August 2001. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the report was accepted and filed. FILING OF MONTHLY REPORT - WATER WORKS Mr. John Stancati, Director of Water Works, submitted a monthly report for the Division of Water Works for the month of August 2001. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks 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: Edward J. White Inc. 1011 South Michigan Street South Bend, Indiana 46601 Selge Construction Company 2833 South 1lt" Street Niles, Michigan 49120 HRP Construction, Inc. Post Office Box 266 South Bend, Indiana 46624 Willsons Nursery, Inc. Post Office Box 266 Rolling Prairie, Indiana 46371 Grade -Rite Excavating, Inc. 12877 Industrial Drive Granger, Indiana 46530 Muscular Dystrophy Association 3300 East Sunrise Drive Tucson, Arizona 85718 Zimmerman Industrial Piping Company 1117 Clay Street Mishawaka, Indiana 46545 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 $923,227.81 September 4, 2001 Approved September 6, 2001 St. Joseph County $ 20,000.00 August 22, 2001 Approved September Housing Consortium 6, 2001 Mr. Littrell made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks 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 10:00 a.m. T E4K.coeb, AngelClerk BOARD OF PUBLIC WO Gary A. Gilot, President Carl P. Littrell, Member iE. Inks, Member I I 1