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HomeMy WebLinkAbout09/24/01 Board of Public Works Minutes.93 REGULAR MEETING SEPTEMBER 24, 2001 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, September 24, 2001, by Board Member Carl P. Littrell, with Mr. Donald E. Inks present. President Gary Gilot was not present. Also present was Board Attorney Thomas Bodnar. AGENDA ITEMS ADDED Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following items were added to the agenda: - Change Order and Project Completion Affidavit - Sorin Street Improvements - Request for Camping Permit - 1130 Jackson Road - Construction Contract - Portage Avenue Improvements - 700-800 Blocks - Construction Contract - Fisher Street Improvements - Olive Ramp to Meade Street PUBLIC HEARING -LICENSE APPLICATION FOR TRANSIENT MERCHANT -RIVER PARK DAY Mr. Littrell advised that this was the date set for the Board's Public Hearing concerning a License Application for Transient Merchant, as submitted by Ms. Diann Becker, 3023 Mishawaka Avenue, South Bend, Indiana, to conduct the River Park Day, which includes the sale of arts, crafts and food on Mishawaka Avenue between Ironwood and Logan, on September 29, 2001. The Police Department, Fire Department, Building Commissioner and the Legal Department have submitted favorable recommendations. Mr. Brian Oliphant, President, River Park Business Association, was present and recommended approval. 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. Littrell, seconded by Mr. Inks and carried, the Application for a Transient Merchant was approved. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTY - 1522 CATALPA STREET This was the date set for receiving and opening of sealed bids for the above referred to property. 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: REVEREND SAM FRISON 312 East Calvert Street South Bend, Indiana 46613 BID: $375.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bid was referred to Community and Economic Development for review and recommendation. OPENING OF BIDS - SALE OF CITY -OWNED PROPERTY - 623 INDIANA AVENUE This was the date set for receiving and opening of sealed bids for the above referred to property. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. No bids were received for this property. OPENING OF PROPOSALS - CLEAN -OUT OF ORGANIC RESOURCE LAGOON #1 - ENVIRONMENTAL SERVICES - PROJECT NO. 101-021 This was the date set for receiving and opening of sealed bids for the above referred to service. 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 proposals were opened: SOIL SOLUTIONS COMPANY 6600 W. 200 S. Lafayette, Indiana RESOURCE CONSERVATION SERVICES LLC 14466 S. 1050 W. Wanatah, Indiana 46390 U20 REGIDLAR MEETING SEPTEMBER 24, 2001 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above proposals were referred to Environmental Services for review and recommendation. OPENING OF QUOTATIONS - BLACKTHORN LOT IA - ACCESS DRIVE TO MOREAU COURT - PROJECT NO. 101-049 Mr. Littrell 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: WALSH AND KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Quotation was submitted by Mr. Kevin Kelly, President QUOTATION: $44,527.50 RIETH RILEY CONSTRUCTION COMPANY, INC. Post Office Box 1775 South Bend, Indiana 46634 Quotation was submitted by Mr. Christopher Weinkauf, Sales Manager QUOTATION: $47,490.00 BROOKS CONSTRUCTION COMPANY INC. 625 South Beiger Street Mishawaka, Indiana 46544 Quotation was submitted by Mr. Jeffrey Bradley QUOTATION: $53,625.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. OPENING OF QUOTATIONS - CENTURY CENTER COLUMN REPAIR - PROJECT NO 101 067 Mr. Littrell 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: CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Quotation was submitted by Mr. R.V. Casteel QUOTATION: $23,890.00 BATTEAST CONSTRUCTION COMPANY INC 430 East LaSalle Avenue South Bend, Indiana 46617 Quotation was submitted by Mr. Robert Batteast QUOTATION: $45,000.00 H.G. CHRISTMAN CONSTRUCTION COMPANY INC. 850 South Fellows Street South Bend, Indiana 46614 oo3 REGULAR MEETING SEPTEMBER 24, 2001 Quotation was submitted by Mr. Howard Emmons, President QUOTATION: $45,900.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - SORIN STREET IMPROVEMENTS - WALSH STREET TO JACOB STREET - RIETH RILEY CONSTRUCTION - PROJECT NO. 101-27 Mr. Littrell advised that Mr. Toy Villa, Public Construction Manager has submitted Change Order No. 2 (Final) indicating that the contract amount be increased by $1,007.68 for a new contract sum including this Change Order in the amount of $87,237.32. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CONSTRUCTION CONTRACT - PORTAGE AVENUE IMPROVEMENTS - 700-800 BLOCKS - WALSH & KELLY, INC. - PROJECT NO. 101-033 Mr. Littell advised that in accordance with the bid awarded on September 19, 2001, to Walsh and Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $103,606.00 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 and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - FISHER STREET IMPROVEMENTS - OLIVE RAMP TO MEADE STREET - PROJECT NO. 101-034 Mr. Littrell advised that in accordance with the bid awarded on September 19, 2001, to Walsh and Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $98,956.15 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Inks, 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 REQUEST - CAMPING PERMIT - SOUTH SIDE BAPTIST CHURCH Mr. Littrell stated that a request for a camping permit has been received from Pastor Scott Smith, South Side Baptist Church, 1130 Jackson Road, South Bend, Indiana, for a camping permit at 1130 Jackson Road, on September 24 through September 28, 2001. Pastor Smith stated that the church is beginning a small building project, and the volunteers who will be working on the project will be bringing their recreational vehicles to stay in during the week of construction. Mr. Littrell stated all zoning ordinances must be followed as well as plumbing and electrical codes. In addition, all waste materials must be disposed of properly. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the request was approved. BOARD OF PUBLIC WORKS MEETING RECESSED Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the meeting recessed at 10:15 a.m., until 4:00 p.m. BOARD OF PUBLIC WORKS MEETING RECONVENED The regular meeting of the Board of Public Works was convened at 4:00 p.m. on Monday, September 24, 2001, by Board Member Carl P. Littrell, with Mr. Donald E. Inks present. President Gary Gilot was not present. Also present was Board Attorney Thomas Bodnar. OPENING OF BIDS - PALAIS ROYALE RENOVATIONS - MORRIS PERFORMING ARTS CENTER - PROJECT NO. 101-051 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: REGULAR MEETING GIBSON LEWIS, LLC 1001 West I It' Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Carpenter, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted _b Base Bid: $6,431,000.00 Alternate 1: $ 200,000.00 Alternate 2: $ 148,000.00 Alternate 3: $ 39,000.00 Alternate 4: $ 34,000.00 Alternate 5: $ 17,500.00 Unit Cost 1: $ 20.00/Square Foot Unit Cost 2: $ 5,000.00/Square Foot Unit Cost 3: $ 150.00/Square Foot Unit Cost 4: $ 300.00/Square Foot Unit Cost 5: $ 18.00/Square Foot Unit Cost 6: $ 100.00/Square Foot Unit Cost 7: $, 10.00/Square Foot Unit Cost 8: $ 5,000.00/Square Foot Unit Cost 9: $ 12.00/Square Foot Unit Cost 10: $ 7.00/Square Foot CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Bid was signed by Mr. R.V. Casteel, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted no Base Bid: $5,828,000.00 Alternate 1: $ 215,000.00 Alternate 2: $ 132,000.00 Alternate 3: $ 165,000.00 Alternate 4: $ 18,000.00 Alternate 5: $ 6,000.00 Unit Cost 1: $ 7.50/Square Foot Unit Cost 2: $ 210.00/Square Foot Unit Cost 3: $ 70.00/Square Foot Unit Cost 4: $ 185.00/Square Foot Unit Cost 5: $ 11.00/Square Foot Unit Cost 6: $ 70.00/Square Foot Unit Cost 7: $ 11.00/Square Foot Unit Cost 8: $ 115.00/Square Foot Unit Cost 9: $ TOO/Square Foot Unit Cost 10: $ 8.50/Square Foot SEPTEMBER 24, 2001 The bid from Great Lakes Hotel Supply Company, 1961 Grand River Avenue, Detroit, Michigan, was opened, and was found to be incomplete (Form 96 and Non -Discrimination Commitment Form was not included), and non -responsive (qualified the bid only to certain portions of the work). Upon LJ Fil 7 077 REGULAR MEETING SEPTEMBER 24, 2001 a motion made by Mr. Littrell, seconded by Mr. Inks and carried, this bid was rejected. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. APPROVAL OF RECOMMENDAT_I.ON TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF AWNING - 1521 PORTAGE Mr. Littrell advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, Building Commissioner and the Redevelopment Design Review Committee for the installation of an awning at 1521 Portage, as submitted by Debbie Werbroeck School of Dance. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the recommendation was approved. RATIFICATION OF PREVIOUSLY APPROVED ITEMS Upon a motion made by Mr. Inks, 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 September 19, 2001. 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 September 10, 2001, were approved. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - BLACKTHORN WEST BUSINESS PARK - PHASE I - NIBLOCK EXCAVATING INC. - PROJECT NO. 100-77 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change Order on behalf of Niblock Excavating, Inc., Post Office Box 211, Bristol, Indiana, indicating that the contract amount be decreased by $14,766.65 for a new contract sum including this Change Order in the amount of $216,436.50. 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. APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - HOWARD PARK - REMODELING OF ADMINISTRATION BUILDING - CASTEEL CONSTRUCTION - PROJECT NO. 101-038 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order on behalf of Casteel Construction, 23186 Ireland Road, South Bend, Indiana, with no monetary change, for a new contract sum in the amount of $29,896.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Inks, seconded by Mr. Gilot 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 - LINCOLNWAY WEST - PHASE I - ECLIPSE STREET TO ELMER STREET - RIETH RILEY CONSTRUCTION - PROJECT NO. 100-40 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted the Final Change Order on behalf of Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, indicating that the contract amount be decreased by $55,177.04 for a new contract sum including this Change Order in the amount of $648,921.54. 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 AGREEMENT - XP-SWMM SOFTWARE TRAINING FOR COLLECTION SYSTEM - ENVIRONMENTAL SERVICES - GREELEY AND HANSEN Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Greeley and Hansen, 100 South Wacker Drive, Chicago, Illinois, for training for XP-SWMM software for the collection system and State reporting at Environmental Services. Mr. Gilot noted REGULAR MEETING SEPTEMBER 24, 2001 that the Agreement is in the amount of $6,900,00. 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 - GOOD NEIGHBORS PROGRAM The following Building Block Grant Agreements. were presented to the Board for approval: 1430 Bissell Street $ 125.00 1127 Goodland $ 125.00 1826 Hartman Drive $ 125.00 1827 Hartman Drive $ 125.00 729 South Kaley $ 125.00 321 Lamonte Terrace $ 125.00 1717 South Oliver Street $ 125.00 706 Park Avenue $ 125.00 2248 Ribourde Drive $ 125.00 1402 South Michigan - Life Treatment Centers, Inc. $1,000.00 - Matching Grant Portage Triangle - Near Northwest Neighborhood $ 350.00 - Matching Grant Rum Village Neighborhood Association $ 300.00 - Matching Grant 915 North Ironwood - St. Peter's United Church of Christ $ 275.00 - Matching Grant Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above referred to Agreements were approved and executed. APPROVAL OF AGREEMENT - OLIVER SCHOOL RE -USE PLAN - GREGORY A KIL & ASSOCIATES, INC. Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Gregory A. Kil & Associates, Inc., 1126 Lincolnway East, South Bend, Indiana, for the Oliver School Re -Use Plan. It was noted that this Agreement was approved on September 10, 2001, subject to the review of the Legal Department with changes. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the Agreement was approved and executed. APPROVAL OF LETTER OF UNDERSTANDING - AUDIT SERVICES - SOUTH BEND PARKING GARAGE FUND - CROWE, CHIZEK AND COMPANY LLP Mr. Gilot stated that the Board is in receipt of a Letter of Understanding between the City of South Bend and Crowe, Chizek and Company LLP, 330 East Jefferson, South Bend, Indiana, to perform audit services on the consolidated financial statements of City of South Bend Parking Garage Fund for the year ending December 31, 2000. Mr. Gilot noted that the Letter of Understanding is in the amount of $6,900.00. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Letter of Understanding was approved and executed. RATIFY CONSTRUCTION CONTRACT - SOUTH MICHIGAN STREET IMPROVEMENTS - DONMOYER STREET TO EWING STREET - RIETH RILEY CONSTRUCTION - PROJECT NO. 101-029 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 $247,000.00, which is the base bid and alternate 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 September 13, 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. 1 REGULAR MEETING SEPTEMBER 24, 2001 RATIFY CONSTRUCTION CONTRACT - 2001 CONCRETE PAVEMENT REPAIRS - LAPORTE CONSTRUCTION - PROJECT NO. 101-053 Mr. Gilot advised that in accordance with the bid awarded on August 27, 2001, to LaPorte Construction, Post Office Box 577, South Bend, Indiana, in the amount of $211,771.11 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 September 13, 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. APPROVE CONSTRUCTION CONTRACT - HUMBOLDT STREET IMPROVEMENTS- KALEY STREET TO OLIVE STREET -PIONEER ASSOCIATES, INC. -PROJECT NO.101-030 Mr. Gilot advised that in accordance with the bid awarded on September 10, 2001, to Pioneer Associates, Inc., Post Office Box 145, Leo, Indiana, in the amount of $96,453.80, which is the base bid and alternate 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. RATIFY CONSTRUCTION CONTRACT - MIAMI VIADUCT BRIDGE PAINTING - N.I. SPANOS PAINTING, INC. - PROJECT NO. 101-057 Mr. Gilot advised that in accordance with the bid awarded on August 27, 2001, to N.I. Spanos Painting, Inc., Post Office Box 10908, Merrillville, Indiana, in the amount of $31,500.00 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 September 13, 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 REQUEST TO CONDUCT PUBLIC AUCTION/CONTRACT - KASER'S AUCTION SERVICE Mr. Gilot stated that Police Services Chief Richard Kilgore submitted a letter to Board requesting permission to conduct a public auction to dispose of unclaimed property as allowed by law, on October 27, 2001, at the rear garage at 701 West Sample Street, South Bend, Indiana. Kaser's Auction Service, 67602 Pine Road, South Bend, Indiana, will receive 8% commission. In addition, a Contract for the sale of personal property at public auction was submitted for approval. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the request to conduct the public auction was approved, as well as the Contract. APPROVAL OF RECOMMENDATION - TO CHANGE PARKING RESTRICTIONS - WEST MADISON/NORTH LAFAYETTE - HOLY DAY SERVICES - TEMPLE BETH-EL 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. Marzy Bauer, Temple Beth -El, 305 West Madison, South Bend, Indiana, to change parking restrictions on West Madison Street and North Lafayette on September 17, 18, 26 and 27, 2001. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. APPROVE LICENSE APPLICATION - OPEN AIR STAND Mr. Gilot advised that the following license application has been received: NAME: Pumpkinland BY: Mary Kay Fisher ADDRESS: 420 East Ireland Road STAND TO LOCATED AT: Scottsdale Mall Parking Lot DATES: September 15 - October 31, 2001 FOR THE PURPOSE OF: Sale of Pumpkins Mr. Gilot further advised that favorable recommendations have been received from the Police Vo.. 0.V REGULAR MEETING SEPTEMBER 24, 2001 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. Gilot, seconded by Mr. Inks and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF AWNING - 120 WEST WASHINGTON - THE FACTORY - CITY AWNING Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, Building Commissioner, Fire Department and the City Attorney's Office for the installation of an awning at the above referred to address. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - INSTALLATION OF AWNING - 211 NORTH MICHIGAN - MORRIS PERFORMING ARTS CENTER Mr. Gilot advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Police Department, Building Commissioner, Fire Department and the City Attorney's Office for the installation of an awning at the above referred to address. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION -TO ESTABLISH A RESIDENTIAL PARKING ZONE - 1000 - 1100 BELLEVUE 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. Stacy Spurgeon, 1015 Bellevue, South Bend, Indiana, to establish a residential parking zone in the 1000 -1100 blocks of Bellevue. A parking survey was conducted on September 5, 2001, from 6:00 a.m. to 6:00 p.m., and the following requirements were satisfied: 1) curb space occupied 76% of the time 2) curb space occupied by non-residents 53% of the time Traffic & Lighting recommended a residential parking zone on both sides of the 1000-1100 blocks of Bellevue, from 6:00 a.m. until 6:00 p.m. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE PROPERTY - CAMPEAU STREET FROM THE NORTH RIGHT OF WAY LINE OF ROCKNE DRIVE Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Ms. Gerri Mezas, 1803 Rockne Drive, South Bend, Indiana, to vacate the following property: Campeau Street from the north right of way line of Rockne Drive to the south right of way line of Churchill Drive for a distance of 312.35 feet and a width of 20 feet. Being the northeast portion of the right of way for Campeau Street adjacent to Lot 392 in the Coquillard Woods Addition, Section F and Lot 481 Coquillard Woods Addition, Section I, in 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. Therefore, Mr. Inks made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Gilot seconded the motion which carried. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - MICHIGAN FROM COLFAX TO LASALLE - FILMING OF SOUTH BEND SYMPHONY COMMERCIAL - VILLING & COMPANY Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Kent REGULAR MEETING SEPTEMBER 24, 2001 Kaufman, Villing & Company, 3900 Edison Lakes Parkway, Mishawaka, Indiana, to close the above referred to street in conjunction with the filming of the South Bend Symphony, on September 20, beginning at 8:00 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 RECOMMENDATION - TO CONDUCT PARADE - ADAMS HIGH SCHOOL HOMECOMING PARADE Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Police Department, Park Department and the City Attorney's office, in reference to a request as submitted by Corporal David Newton, Adams High School, 808 South Twyckenham, South Bend, Indiana, to conduct the above referred to parade on October 5, 2001, beginning at 5:45 p.m., 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 INDEMNIFICATION AND HOLD HARMLESS UNDERTAKING - WSBT/ RILEY AVIATION WSBT Station, South Bend, Indiana, and Riley Aviation, Kirsch Municipal Airport, Sturgis, Michigan, submitted an Indemnification and Hold Harmless Undertaking for a helicopter to land atop the Colfax and Main Streets parking garages. The Board recommended that Riley Aviation submit a Certificate of Insurance with increased coverage, in the amount of $5 million aggregate and $300,000 per occurrence. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Indemnification and Hold Harmless Undertaking was approved. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT: Mr. Tony Molnar, Division of Engineering, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO. S2839-705 ISSUED BY: First Source Bank FOR: Emerson Forest AMOUNT: $21,000.00 Mr. Inks made a motion that the Letter of Credit, as outlined above, be approved. Mr. Gilot seconded the motion which carried. APPROVAL OF HOUSE MOVE In a memorandum to the Board, Mr. Don Fozo, Building Commissioner, requested approval to issue a moving permit to Lykowski Construction, 23158 West Ireland, South Bend, Indiana, to move a residential dwelling from 501 West Colfax to 402 West Washington. Mr. Fozo stated that favorable recommendations have been received by the utility companies, Traffic and Lighting and the Police Department. Additionally, the Certificate of Insurance has been submitted, and all the appropriate permits have been issued. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. APPROVAL OF HOUSE MOVE In a memorandum to the Board, Mr. Don Fozo, Building Commissioner, requested approval to issue a moving permit to Lykowski Construction, 23158 West Ireland, South Bend, Indiana, to move a residential dwelling from 121 Navarre to 226 Navarre. Mr. Fozo stated that favorable recommendations have been received by the utility companies, Traffic and Lighting and the Police Department. Additionally, the Certificate of Insurance has been submitted, and all the appropriate permits have been issued. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. ADOPT RESOLUTION NO. 55-2001 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 55-2001 Ofrb 41? REGULAR MEETING SEPTEMBER 24, 2001 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: MISCELLANEOUS COMPUTER EQUIPMENT (SEE ATTACHED) WHEREAS, Indiana Code 36-1-11-60 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works ofthe City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 19th Day of September, 2001. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 56-2001 - RECOMMENDING THE ISSUANCE AND SALE OF BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY OF SOUTH BEND INDIANA SEWAGE WORKS REFUNDING REVENUE BONDS OF 1993 • AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO 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.2001-56 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, RECOMMENDING THE ISSUANCE AND SALE OF BONDS FOR THE PURPOSE OF REFUNDING OUTSTANDING CITY OF SOUTH BEND, INDIANA SEWAGE WORKS REFUNDING REVENUE BONDS OF 1993; AND APPROVING AND AUTHORIZING OTHER ACTIONS IN RESPECT THERETO WHEREAS, the City of South Bend, Indiana (the "City") has established, constructed and financed a sewage works and now owns and operates said sewage works pursuant to IC 36-9-23, as amended, and other applicable laws. WHEREAS, the City has previously issued its bonds authorized by Ordinance No. 7951-88, passed by the Common Council of the City (the "Common Council") on December 12, 1988, and designated as "City of South Bend, Indiana Sewage Works Revenue Bonds of 1988" (the "1988 Bonds"). WHEREAS, the 1988 Bonds were advance refunded with the proceeds of bonds authorized by Ordinance No. 8359-93, passed by the Common Council on March 8, 1993, and amended by Ordinance No. 8364-93, passed by the Common Council on March 22,1993 (collectively, the "1993 Ordinance"), and designated as "City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 1993," issued in the original amount of $10,080,000, dated April 1, 1993 (the "1993 Bonds"), of which $5,642,500 is currently outstanding. r,, REGULAR MEETING SEPTEMBER 24 2001 WHEREAS, the 1993 Bonds maturing on or after December 1, 2002 are redeemable prior to maturity at the option of the City on or after December 1, 2001, and the City has the power and is authorized by I.C. 5-1-6 to refinance the 1993 Bonds by the issuance of refunding bonds. WHEREAS, the Board of Public Works of the City (the "Board") deems it advisable for the City to issue current refunding bonds to refund the 1993 Bonds, and desires to recommend to the Common Council the issuance of current refunding bonds, in an original amount not to exceed Six Million Three Hundred Thousand Dollars ($6,300,000) (the "2001 Bonds"), for the purpose of providing together with certain other funds on hand relating to the 1993 Bonds, for the payment of (i) the principal amount of the 1993 Bonds, (ii) the interest payable on the 1993 Bonds, (iii) the costs of refunding the 1993 Bonds, and (iv) the costs of issuing the 2001 Bonds (the "Refunding"). WHEREAS, the Board finds, based upon information provided to the City by its financial advisors and by Banc One Capital Markets, Inc., that the Refunding will provide a savings to the City. WHEREAS, the Board has reviewed the form of a bond ordinance to be adopted by the Common Council authorizing the City to issue and sell the 2001 Bonds for the purpose of financing the Refunding (the "2001 Bond Ordinance"), a copy of which is attached hereto as Exhibit A, and the Board has found the 2001 Bond Ordinance to be satisfactory. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section 1. The Board hereby approves the Refunding and the issuance of the City of South Bend, Indiana Sewage Works Refunding Revenue Bonds of 2001, in an original amount not to exceed Six Million Three Hundred Thousand Dollars ($6,300,000), for the purpose of providing, together with certain other funds on hand relating to the 1993 Bonds, for the Refunding. Section 2. The Board hereby approves the substantially final form of the 2001 Bond Ordinance presented to this meeting and recommends to the Common Council the adoption of such 2001 Bond Ordinance which sets forth the terms and conditions of the 2001 Bonds to be issued thereunder. Section 3. The Board hereby ratifies the actions taken to file the 2001 Bond Ordinance with the Clerk of the City ("City Clerk") for presentation to the Common Council, and the Clerk of the Board is hereby directed to present a copy of this Resolution to the City Clerk for presentation to the Common Council for its consideration, as soon as may be done, thereby requesting the issuance of the 2001 Bonds. Section 4. This Resolution shall be in full force and effect from and after its adoption by the Board. Adopted at a meeting of the Board of Public Works of the City of South Bend, Indiana, on this 19th day of September, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President ATTEST: s/Donald E. Inks, Member s/Angela Jacob, Clerk ADOPT RESOLUTION NO. 57-2001 - RESOLUTION OF THE BOARD OF PUBLIC WORKS RESCINDING NEW ENERGY INC.'S OPERATING PERMIT EFFECTIVE SEPTEMBER 10 2001 AND REINSTATING IN FULL FORCE AND EFFECT NEW ENERGY INC.' S PREVIOUS OPERATING PERMIT FOR A PERIOD OF THIRTY-EIGHT (38) DAYS Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was o:a REGULAR MEETING SEPTEMBER 24, 2001 adopted by the Board of Public Works: RESOLUTION NO. 57-2001 RESOLUTION OF THE BOARD OF PUBLIC WORKS RESCINDING NEW ENERGY, INC.'S OPERATING PERMIT EFFECTIVE SEPTEMBER 10, 2001 AND REINSTATING IN FULL FORCE AND EFFECT NEW ENERGY, INC.' S PREVIOUS OPERATING PERMIT FOR A PERIOD OF THIRTY-EIGHT (38) DAYS WHEREAS, the Board of Public Works issued an operating permit to New Energy, Inc. on the 6t1i day of September, 2001; and WHEREAS, this operating permit became effective on September 10, 2001 and was to remain in effect up to September 10, 2006; and WHEREAS, the City and New Energy, Inc. are still engaged in talks to reach agreement on the terms and provisions of New Energy's pretreatment compliance obligations; and WHEREAS, the City has agreed to permit New Energy, Inc. to operate for a period of thirty- eight (38) days from September 10, 2001 under the terms and conditions of New Energy, Inc.'s previous operating permit. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS: 1. The operating permit issued to New Energy, Inc. on September 6, 2001 and effective on September 10, 2001 is rescinded. 2. The operating permit which was in effect immediately prior to the issuance of the permit on September 6, 2001 is reinstated retroactive to September 10, 2001 and is hereby extended for a period of thirty-eight (38) days and shall remain in full force and effect up to and including October 18, 2001, unless a new operating permit is issued by the Board before that date. Adopted the 19' day of September, 2001. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member APPROVAL OF GRANTS OF EASEMENTS - 1518/1524 MIAMI In a memorandum to the Board, Ms. Angela Furore, Community and Economic Development, submitted walkway easements granted to the City of South Bend by the property owners of 1524 and 1518 Miami Street. The walkway easements are a modification of a document prepared by the City of South Bend Legal Department. The agreement grants the City an easement for the west five (5) feet along both the lots in order to add streetscape trees and provide ADA compliant sidewalk. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Grants of Easement were approved. APPROVAL OF RELEASE OF UTILITY EASEMENT - 3500 - 3600 BLOCKS KALE STREET In a memorandum to the Board, Mr. Carl Littrell, City Engineer, requested the Board to approve the release of utility easements in the recently vacated 3500 and 3600 blocks of Kale Street, as there are no public sewer or water facilities in this area. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the Release of Utility Easement 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 KFH Real Estate, LLC,17900 Ireland Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer and water 1 1 REGULAR MEETING SEPTEMBER 24, 2001 system of the City, to provide sanitary sewer and water service to the south side of Ireland Road east of Ironwood Road, South Bend, Indiana, (Key # 14-1167-6179), KFH 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. Inks seconded the motion which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Certificates of Insurance were accepted for filing: Andrew Troeger & Company, Inc. Youngs Excavating, Inc. 122 South Niles Avenue Post Office Box 2766 South Bend, Indiana 46617 South Bend, Indiana APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following traffic control devices were approved: Installation - Handicapped 1306 North College Mr. Golubski has met all Accessible Parking Space Signs requirements. Installation - Handicapped 821 Roosevelt Ms. Zubkowf has met all Accessible Parking Space Signs I I requirements. APPROVE AND/OR RELEASE CONTRACTOR BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor Bonds be approved and/or released as follows: BOND OF CONTRACTOR J. Findley May Rodney Morin d/b/a Custom Service Concrete Released Effective September 19, 2001 Approved September 19, 2001 Mr. Inks made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Gilot seconded the motion which carried. 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 $1,509,624.75 September 10, 2001 Approved September 19, 2001 St. Joseph County $ 3,397.00 August 30, 2001 Approved September 19, Housing Consortium 2001 St. Joseph County $ 25,740.00 August 30, 2001 Approved September 19, Housing Consortium 2001 St. Joseph County $ 757.38 August 30, 2001 Approved September 19, Housing Consortium 2001 St. Joseph County $ 15,855.00 September 16, 2001 Approved September 19, Housing Consortium 2001 St. Joseph County $ 621.00 September 15, 2001 Approved September 19, Housing Consortium 2001 vo no 6, REGULAR MEETING SEPTEMBER 24, 2001 Grauvogel & $ 27,717.50 September 7, 2001 Approved September 19, Associates - 730 2001 United Drive (Studebaker Building #69) Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Gilot 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 4:10 p.m. BOARD OF PUBLIC WORKS Ul. �'U�CiLs U Gary A. Gilot, President Carl P. Littrell, Member Donald E. Inks, Member 0TEST: qC11 Angela .Jaco 1