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09/11/00 Board of Public Works Minutes
0 SEPTEMBER 11 2000 The regular meeting of the Board ofPublic Works was convened at 9:35 a.m. on Monday, September 11, 20C by Board resident Gary A. Gilot, with Ms. M. Catherine Roemer and Mr. Donald E. Inks pre�s4l Also prevent was Board Attorney Frank Schaffer. dL!�IN A ITEMS on a in pion made by Ms. Roemer, seconded by Mr. Inks and carried, the following items were addb� to the agenda: - Contractor Bond - Hoosier Siding and Construction - Contractor Bond - Ron Willis Construction Company - Request to Advertise for the Receipt of Bids - West Side Partnership Center APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on August 28, 2000, were approved. PUBLIC HEARING - LICENSE APPLICATION - MASSAGE ESTABLISHMENT - THE STUDIO - 2314 MIAMI STREET Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Massage Establishment, The Studio, at 2314 Miami Street, as submitted by Mr. Gregory Paczkowski, 2603 Miami Street, South Bend, Indiana. Favorable recommendations have been received by the Fire Department, Police Department, Building Department and the City Attorney's Office. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the License Application was approved. OPENING OF BIDS - SOUTHERNVIEW DRIVE IMPROVEMENTS - IRONWOOD DRIVE TO SAMPSON STREET - PROJECT NO. 100-01 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: 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: $185,000.00 BROOKS CONSTRUCTION COMPANY INC. 727 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. Gary M. Cole, Estimator Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $199,833.00 1 1 1 04 1 1 REGULAR MEETING WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin J. Kelly, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $196,549.00 PHEND AND BROWN, INC. Post Office Box 150 Milford, Indiana 46542 Bid was signed by Mr. Douglas V. Brown, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $221,688.25 KANKAKEE VALLEY CONSTRUCTION INC. Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James Nelson, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $189,505.50 SEPTEMBER 11, 2000 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - 2000 CONCRETE PAVEMENT REPAIRS - PROJECT NO. 100-76 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: KANKAKEE VALLEY CONSTRUCTION COMPANY INC. Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James Nelson, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Total Base Bid $36,669.91 Total Alternate A $17,572.22 Total Alternate B $ 9,486.65 RIETH RILEY CONSTRUCTION COMPANY INC. 25200 State Road 23 South Bend, Indiana 46634 REGULAR MEETING SEPTEMBER 11, 2000 Bid was signed by Mr. John Szuba, Projects Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Total Base Bid $39,861.00 Total Alternate A $19,176.00 Total Alternate B $ 8,950.00 KASER-SPRAKER CONSTRUCTION INC. 25487 West State Road 2 South Bend, Indiana 46619 Bid was signed by Mr. Gary Spraker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Total Base Bid $72,503.00 Total Alternate A $29,892.00 Total Alternate B $15,200.00 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 NEW Total Base Bid $51,517.25 Total Alternate A $24,866.00 Total Alternate B $11,587.50 Grand Total $87,970.75 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - SOUTHFIELD SOUTHERN STORM SEWER - SECTION I - KERN ROAD TO SOUTHFIELD VILLAGE STORMWATER OUTLET - PROJECT NO. 100-59 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: HERRMAN & GOETZ, INC. DBA UNDERGROUND SERVICES 225 South Lafayette South Bend, Indiana 46601 Bid was signed by Mr. Thomas J. Herrman, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $372,984.17 REGULAR MEETING RIETH RILEY CONSTRUCTION COMPANY INC. Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. John Szuba, Projects Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $462,125.86 YOUNGS EXCAVATING, INC. Post Office Box 2766 South Bend, Indiana 46680 Bid was signed by Mr. Kurt Youngs, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $278,789.00 OSELKA CONSTRUCTION COMPANY 10900 Kruger Road Union Pier, Michigan 49129 Bid was signed by Mr. David Wolf, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $461,393.90 SEPTEMBER 11, 2000 KANKAKEE VALLEY CONSTRUCTION COMPANY INC. Post Office Box 1471 LaPorte, Indiana 46352 Bid was signed by Mr. James Nelson, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $542,947.43 SELGE CONSTRUCTION COMPANY INC. 2833 South llth Street Niles, Michigan 49120 Bid was signed by Mr. James Boyles, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $285,120.00 HRP CONSTRUCTION INC 5777 Cleveland Road South Bend, Indiana 46624-0266 REGULAR MEETING SEPTEMBER 11, 2000 Bid was signed by Mr. Paul Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $346,110.50 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - SOUTHFIELD SOUTHERN STORM SEWER - SECTION II - SOUTHFIELD VILLAGE STORMWATER OUTLET TO SOUTHFIELD STORM BASIN - PROJECT NO. 100-75 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: SMALL, INC. 25190 State Road 4 North Liberty, Indiana 46554 Bid was signed by Mr. Ronald Howell, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $190,623.35 BEER AND SLABAUGH, INC. 23965 U.S. 6 East Nappanee, Indiana 46550 Bid was signed by Mr. Rodney Beer, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $346,942.25 DYE MECHANICAL, INC. 3535 Monroe Street LaPorte, Indiana 46352 Bid was signed by Mr. Michael Essling, Secretary Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $342,500.00 HERRMAN & GOETZ, INC. DBA UNDERGROUND SERVICES 225 South Lafayette South Bend, Indiana 46601 Bid was signed by Mr. Thomas J. Herrman Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Wt; REGULAR MEETING BID: $252,541.81 YOUNGS EXCAVATING INC. Post Office Box 2766 South Bend, Indiana 46680 Bid was signed by Mr. Kurt Youngs, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $196,294.00 SELGE CONSTRUCTION COMPANY INC. 2833 South I I' Street Niles, Michigan 49120 Bid was signed by Mr. James Boyles, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $263,956.50 RIETH RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. John Szuba, Projects Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $264,185.17 OSELKA CONSTRUCTION COMPANY 10900 Kruger Road Union Pier, Michigan 49129 Bid was signed by Mr. Leslie Badgley, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $261,564.20 KANKAKEE VALLEY CONSTRUCTION INC. 25190 State Road 4 North Liberty, Indiana 46554 Bid was signed by Mr. James Nelson Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $425,974.60 SEPTEMBER 11 2000 REGULAR MEETING HRP CONSTRUCTION INC. 5777 Cleveland Road South Bend, Indiana 46624-0266 Bid was signed by Mr. Paul Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $285,850.50 SEPTEMBER 11, 2000 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the above bids were referred to the Division of Engineering for review and recommendation. AWARD BID - SORIN STREET IMPROVEMENTS - ARTHUR STREET TO SUNNYSIDE AVENUE - PROJECT NO. 100-69 Mr. Carl P. Littrell, City Engineer, advised the Board that on August 28, 2000, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to the lowest responsive and responsible bidder, Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana in the amount of $91,517.50. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion which carried. AWARD BIDS - ABANDONED VEHICLES Mr. Gary Libbey, Department of Code Enforcement, advised the Board that on August 28, 2000, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the bids to the highest bidders as follows: AJ' S AUTOMOTIVE 13655 East Jefferson Mishawaka, Indiana 46545 No. Red Make Year Vin Number Bid Tag # 1 6661 "INDY' 1974 117496M $601.75 TRAILER 2 16789 1 CHEVY 1 1988 1GKER16K2JF532623 $101.75 TOTAL $703.50 LAWRENCE HARBIN 2038 East Jefferson Boulevard Mishawaka, Indiana 46545 No. Red Tag # Make Year Vin Number Bid 7 5278 DODGE 1987 1B3BZ18C8HD322992 $ 79.57 15 4737 FORD 1977 FIBLZ08236 $ 92.75 16 F5477 i DODGE 1986 1B3XG4432LGG506500 $215.67 TOTAL $387.99 SCOTT HORACE RIPLEY 1930 Franklin South Bend, Indiana 46613 1 1 1 1 1 I REGULAR MEETING SEPTEMBER 11 2000 No. Red Make Year Vin Number Bid Tag # 13 6166 DODGE 1965 W351169268 $252.62 18 6878 COYOTE ? ? $ 26.13 CAMPER TOTAL $278.75 JOYCE LINTZ 51326 Kenilworth South Bend, Indiana 46637 No. Red Tag # Make Year Vin Number Bid 8 4506 PLYMOUTH 1990 1P3XZ7638LF896300 $ 70.00 10 6352 CADILLAC 1985 1G6DW6988F9745498 $ 90.00 12 6787 GMC 1988 1 GRCT 18Z8J0525262 $ 85.00 17 5484 PLYMOUTH 1968 PL45F8D317191 $ 80.00 TOTAL $325.00 DON41MC J. MEGA 1001 East Eckman Street South Bend, Indiana 46614 No. Red Tag # Make Year Vin Number Bid 5 6788 HONDA 1994 4S6CY58V6R4402343 $3,180.00 INDIANA AUTO PARTS, INC. 3300 South Main Street South Bend, Indiana 46614 TOTAL $3,180.00 No. Red Tag # Make Year Vin Number Bid 4 5851 CADILLAC 1981 1G6AD47N1B9212912 $ 56.00 6 5686 DODGE 1989 JP3CU24X2KU085553 $ 35.60 9 6777 CHEVY 1989 1 G1 JC 1112KJ248667 $ 75.60 11 15368 1 PLYMOUTH 1990 2P4FH25KOLR523937 $ 52.50 JEFF BIRTWHISTLE 1002 '/z Lawndale South Bend, Indiana 46628 TOTAL $179.60 REGULAR MEETING SEPTEMBER 11, 2000 No. Red Tag # Make Year Vin Number Bid 14 4089 CHEVY 1962 21169JI59833 $ 90.00 F18 F6168 BUICK 1964 4K4061445 $ 75.00 TOTAL $165.00 STEVE BICE 21210 Osborne Road Lakeville, Indiana No. Red Tag # Make Year Vin Number Bid 3 6244 GEO 1989 JGINMI62KK706554 $101.00 TOTAL $101.00 Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be awarded as outlined above. Ms. Gilot seconded the motion which carried. TABLE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - WEST SIDE PARTNERSHIP CENTER - CURB, SIDEWALK AND APPROACH REPAIRS Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above referred to request was tabled, pending additional information. APPROVAL OF REQUEST TO REJECT QUOTATIONS/RE-ADVERTISE FOR THE RECEIPT OF QUOTATIONSBIDS -MORRIS PERFORMINGARTS CENTER -BUILD -OUT OF OFFICE SPACE - PROJECT NO. 100-85 In a memorandum to the Board, Mr. Michael Giulioni, Community and Economic Development, requested permission to reject the quotations for the above referred to project. The total of each of the defined components of the project exceeded the allowable $75,000 cap, and the quotes cannot be split without impacting the contractor's estimate. In addition, Mr. Giulioni requested permission to receive sealed separate quotations/bids for the build -out of the Morris Performing Arts Center offices in the Palais Retail space and the remodeling of the Morris Performing Center Box Office area. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the requests were approved. APPROVE CHANGE ORDER - MORRIS PERFORMING ARTS CENTER - NUCON SCHOKBETON, INC. - PROJECT NO. 98-25-4 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 001 on behalf of Nucon Schokbeton, Inc., Post Office Box 2088, Kalamazoo, Michigan indicating that the Contract amount be increased $77,330.49 for a new Contract sum including this Change Order in the amount of $609,023.49. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - FELLOWS STREET RECONSTRUCTION - PROJECT NO. 97-104 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager has submitted Change Order No. I (Final) on behalf ofRieth Riley Construction Company, Post Office Box 1775, South Bend, Indiana indicating that the contract amount be increased by $40, 527.12 for a new contract sum including this Change Order in the amount of $755,231.70. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, Change Order No. I (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. 1 1 1 REGULAR MEETING SEPTEMBER 11 2000 APPROVE CHANGE ORDER - SECONDARY CLARIFIER IMPROVEMENTS - WASTEWATER TREATMENT PLANT - BOWEN ENGINEERING - PROJECT NO. 98-18 Mr. Gilot advised that Mr. Jack Dillon, Director, Environmental Services, has submitted Change Order No. 5 on behalf of Bowen Engineering, 120 Summit Street, Crown Point, Indiana, indicating that the Contract amount be increased $16, 814.00 for a new Contract sum including this Change Order in the amount of $5,671,603.00. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - EMERGENCY ENGINE REPLACEMENT - WASTEWATER TREATMENT PLANT - HRP CONSTRUCTION Mr. Gilot advised that Mr. Jack Dillon, Director, Environmental Services, has submitted Change Order No. 1 on behalf of HRP Construction, 5777 West Cleveland Road, South Bend, Indiana, indicating that the Contract amount be increased $23,008.80 for a new Contract sum including this Change Order in the amount of $112,008.80. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - LEIGHTON PLAZA PHASE III - TCU BOUNDARY IMPROVEMENTS - CASTEEL CONSTRUCTION - PROJECT NO. 97-57-9 Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 2-12.50-02 on behalf of Casteel Construction Corporation, 23186 West Ireland Road, South Bend, Indiana indicating that the Contract amount be increased $2,000.00 for a new Contract sum including this Change Order in the amount of $130,591.00. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Change Order was approved. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION - VERKLER INC. - MORRIS PERFORMING ARTS CENTER - CONSTRUCTION MANAGEMENT Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted a Certificate of Substantial Completion, on behalf of Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, for the Morris Performing Arts Center Construction Management. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Substantial Completion was approved. TABLE CERTIFICATE OF SUBSTANTIAL COMPLETION - LEIGHTON PLAZA PHASE II - LANDSCAPING AND IRRIGATION - GINGER VALLEY LANDSCAPE AND DESIGN INC. - PROJECT NO. 97-57-7 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Substantial Completion for the above referred to project was tabled. APPROVE CONSTRUCTION CONTRACT - SOUTH MICHIGAN STREET - SIDEWALK CURB APPROACH AND RAMP REPAIRS - CHIPPEWA TO TASHER - RIETH RILEY CONSTRUCTION COMPANY INC. - PROJECT NO. 100-62 Mr. Gilot advised that in accordance with the bid awarded on August 21, 2000, to Rieth Riley Construction Company, Inc., 25200 State Road 23, South Bend, Indiana, in the amount of $298,167.75, which is the base bid and Alternates A and B, 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 BUILDING BLOCK GRANT AGREEMENTS The following Building Block Grant Agreements were presented to the Board for approval: 535 N. Eddy (A. Washington) Flowers/Hostas $125 1126 Culver Place (E. Choinacky) Tree/Bulbs/Stones $125 1246 East Miner (I. Mincy) Flowers/Bark $125 2 East Dubail (R. Mincy) Flowers/Rose Bushes $125 S. St. Joseph (River of Life Family urch) L MulchBushes $5,000 0 . ;, C -`` n. REGULAR MEETING SEPTEMBER 11, 2000 1025 South Lombardy (M. Troyer) Tree/Shrubs $125 520 North St. Joseph (L. Rousseau) Flowers $125 2529 Prast (K. Leszcz) Tree $125 816 East Wayne (E. Baker) Mulch/Flowers/Rocks $125 Five (5) Properties at Meade/Bonds (The Landkeepers Group) Flowers/Rocks/Shrubs $4,294 Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the above referred to Agreements were approved and executed. APPROVAL OF CONTRACT - MANAGEMENT OF WESTERN AVENUE CORRIDOR MATCHING GRANT PROGRAM - ENTREPRENEURIAL DEVELOPMENT Mr. Gilot stated that the Board is in receipt of a Contract between the City of South Bend and the Entrepreneurial Development, South Bend, Indiana, for management ofthe Western Avenue Corridor Matching Grant Program. Mr. Gilot noted that the Contract is in the amount of $100,000.00, and the term of the contract is September 1, 2000 to December 31, 2001. It was noted that any unused funds will revert back to the City's General Fund at the end of the term. Therefore, upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the Contract was approved and executed. ADOPT RESOLUTION NO. 96-2000 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 96-2000 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 PROPERTY FROM MORRIS PERFORMING ARTS CENTER (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 ofPublic Works ofthe City of South Bend that the item listed above is no longer needed by the City; are unfit for the purpose for which it was intended and has an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said item 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 11' Day of September, 2000. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk 1 REGULAR MEETING SEPTEMBER 11 2000 ADOPT RESOLUTION NO. 97-2000 - APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO 97-2000 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND RECOMMENDING APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERSIRECYCLING OPERATIONS AND TRANSFER STATION LICENSES FOR THE CALENDAR YEAR 2000 WHEREAS, one (1) scrap metal/junk dealers/transfer stations license renewal application for the year 2000 has been received by the Board of Public Works; and WHEREAS, inspections of the property have been completed by the Department of Code Enforcement and the Fire Prevention Bureau as required by Chapter 4, Article 4, Section 4-51 of the Municipal Code; and WHEREAS, the Department of Code Enforcement and the Fire Prevention Bureau have found that such premises are fit and proper for the maintenance and operation of such business; and WHEREAS, Chapter 4, Article 4, Section 4-51 of the Municipal Code requires adoption of a Resolution of the Board of Public Works recommending the renewal of the license applications. NOW, THEREFORE, BE IT RESOLVED by the Board ofPublic Works ofthe City of South Bend, Indiana, that the license renewal application for the following be recommended favorably based upon the satisfactory review of the properties by the Department of Code Enforcement and the Fire Prevention Bureau: Indiana Auto Parts, Inc. 3300 South Main Street South Bend, Indiana 46614 BE IT FURTHER RESOLVED that this Resolution shall be submitted to the Common Council for its consideration and adoption of an appropriate Resolution. DATED this l I' day of September, 2000. BOARD OF PUBLIC WORKS s/Gary A. Gilot, President s/M. Catherine Roemer, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 98-2000 - CONCERNING LEASE AGREEMENT FOR OFFICE SPACE AT 224 WEST JEFFERSON BOULEVARD AND AUTHORIZING NOTICE Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION 98-2000 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND CONCERNING LEASE AGREEMENT FOR OFFICE SPACE AT 224 WEST JEFFERSON BOULEVARD AND AUTHORIZING NOTICE 2!: 5 REGULAR MEETING SEPTEMBER 11, 2000 WHEREAS, the Board of Public Works of the City of South Bend has received this date a petition signed by fifty (50) taxpayers of the City of South Bend requesting that the Board enter into a lease for approximately 7,088 square feet of office space on the first floor of the Trigon Building, 224 West Jefferson Boulevard, South Bend, Indiana, with Tom Herrman and Associates for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Eighty Eight Dollars ($7,088.00) in the first year; Seven Thousand One Hundred Fifteen and 64/100 Dollars ($7,115.64) in the second year*; and Seven Thousand One Hundred Forty Three and 39/100 Dollars ($7,143.39) in the third year; and WHEREAS, the Board has concurrently received this date a certificate of the St. Joseph County Auditor certifying that the signers of the petition and the person verifying the Petition are all taxpayers of property within the City of South Bend; and WHEREAS, I.C. 36-1-10-13 requires that prior to execution of any lease with the City, notice of a public hearing to be held before the Board of Public Works shall be published in accordance with I.C. 5-3-1. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works for the City of South Bend as follows: The Board of Public Works intends to enter into a lease with Tom Herrman and Associates for approximately 7,088 square feet of office space on the first floor of the Trigon Building located at 224 West Jefferson Boulevard, South Bend, Indiana for a term of one year with an option to renew for two additional one year periods with a monthly rental of Seven Thousand Eighty Eight Dollars ($7,088.00) in the first year; Seven Thousand One Hundred Fifteen and 64/100 Dollars ($7,115.64) in the second year; and Seven Thousand One Hundred Forty Three and 39/100 Dollars ($7,143.39) in the third year. 2. Notice shall be published in accordance with I.C. 5-3-1 and I.C. 36-1-10-13 of the Board's intent to enter into the subject lease. Public Hearing as required by I.C. 36-1-10-13 is hereby scheduled before this Board for the 25'hday of September, 2000 at 9:30 a.m. The Petition and Auditor's Certificate contained an error in the second year monthly rental ($7,225.64 rather than $7,115.64) which is immaterial because the actual monthly rent is less than what was stated. 4. A copy of this resolution shall be filed with the South Bend Common Council. Dated: September 11, 2000 s/Gary Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member Attest: s/Angela Jacob, Clerk ADOPT RESOLUTION NO. 99-2000 - AUTHORIZING PUBLIC MEETINGS ON A SEMI- MONTHLY RATHER THAN WEEKLY BASIS FOR BOARD OF PUBLIC WORKS Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 99-2000 WHEREAS, the South Bend Board of Public Works presently conducts its regular business at a public meeting held each Monday of the calendar year; and REGULAR MEETING SEPTEMBER 11 2000 WHEREAS, the present schedule of the Board of Public Works does not allow sufficient time for the Board to meaningfully review and discuss the agenda prior to its public meetings; and WHEREAS, the Board desires to implement a meeting schedule which will allow for regular public meetings and for a public agenda session which should result in a more proactive approach to Board of Works agenda items for Board members and City staff and increase awareness of Board matters for the benefit of all South Bend citizens. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: That the Board of Public Works will be on the second and fourth Monday of each month at 9:30 a.m. in the Board meeting room located on the thirteenth floor of the County -City Building, South. -Bend, Indiana, beginning September 11, 2000; and 2. Prior to each regular meeting, the Board of Public Works will conduct a public agenda session on the Thursday prior to the regular meeting at 8:00 a.m. in the Board room. 3. This resolution shall be in full force and effect as of September 11, 2000. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/Gary A Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 100-2000 - BOARD OF PUBLIC WORKS AUTHORIZING A SINGLE MEMBER APPROVAL FOR CERTAIN BOARD FUNCTIONS Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 100-200 WHEREAS, the South Bend Board ofPublic Works (BPW) is authorized by State (I. C. 36-4-9-5) and local law (South Bend Municipal Code, Chapter 2, Article 5, Section 2-50) to perform certain duties; and WHEREAS, effective September 11, 2000, the BPW has resolved to meet semi-monthly instead of once each week; and WHEREAS, there are certain functions performed by the BPW which are of a routine, non- controversial nature but which may require immediate action or response during the interim between BPW meetings; and WHEREAS, it is in the best interest of the public that these routine, non -controversial, non - disputed matters be approved and acted upon in a timely manner. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Any single member ofthe South Bend Board ofPublic Works (BPW) shall have the authority after polling and obtaining concurrence of at least one other Board member by phone or e- mail, to approve certain routine, non -controversial, non -disputed matters which fall within the scope and jurisdiction of the BPW's power and authority which shall include the following: (a) Approval of those street closings, and/or public gatherings upon City property or rights of way which have the unanimous, favorable recommendation of all required persons and City departments; REGULAR MEETING SEPTEMBER 11, 2000 (b) approval of agreements to fund real property beautification projects under the Building Block Grant Program for no more the maximum sum permitted by the Building Block Grant Program; © approval of alley vacations having unanimous favorable recommendation of all necessary persons and City departments; (d) approval of parking space signs (including but not limited to handicapped accessible parking; hour restriction; no parking zones, etc.), or stop sign installation having unanimous favorable recommendation of all necessary persons and City departments; (e) approval of non -controversial construction project change orders which do not result in a sum which exceeds twenty percent (20%) of the original bid as prescribed by I. C. 36-1-12-18(d), and as to which the dollar amounts have been approved by both the City Controller and the City Engineer; (fl approval of contractor bonds which comply on their face with necessary requirements and which have legal department approval; (g) request to advertise for the receipt of bonds which have unanimous favorable recommendation of all necessary persons and City departments. 2. Any matter having been approved by a single member of the BPW under the authority of and in compliance with this Resolution shall be deemed effective upon such single member's signature and shall be deemed ratified by the full Board of Public works, but such matters shall be placed upon the next BPW agenda for purposes of formal ratification and public notice. Adopted this 11"' day of September, 2000. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/M. Catherine Roemer, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 101-2000 - ESTABLISHING ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, ITS INTENT TO REIMBURSE CERTAIN PRELIMINARY EXPENDITURES FROM THE PROCEEDS OF BONDS - NEW PUBLIC WORKS FACILITY Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the above referred to Resolution was adopted by the Board of Public Works. WHEREAS, the Board of Public Works (the `Board') of the city of South Bend, Indiana (the "City") has been considering the construction of a new municipal services facility (the "Project"); and WHEREAS, the Board anticipates the City will issue revenue bonds of the City which bonds of the City will not be a general obligation of the City; and WHEREAS, the Board desires to express its intent on behalf of the City that certain preliminary expenditures expected to be incurred by or on behalf of the City in connection with the construction of the Project be reimbursed ro bonds to be issued by the City in an aggregate principal amount not to exceed Ten Million and 00/100 Dollars ($10,000,000.00) with the expectation that the construction costs associated with the Project will be approximately Eight Million and 00/100 Dollars ($8,000,000.00); NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1 REGULAR MEETING SEPTEMBER 11 2000 1. The Board hereby indicates on behalf of the City its intent to reimburse certain preliminary expenses related to the Project which have been or will be incurred by or on behalf ofthe City prior to the issuance of the Bonds, pursuant to Indiana Code 5-1-14-6 and in compliance with Section 1.150.2 of the Treasury Regulations. 2. 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, held on September 11, 2000, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/M. Catherine Roemer, Member ATTEST: s/Donald E. Inks, Member s/Angela K. Jacob, Clerk 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 9, 2000, from 9:00 a.m. to 11:00 p.m. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - HUDSON AVENUE FROM RIVERSIDE TO WOODWARD - STREET 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. Brigitte Wiescher, 1007 Hudson Avenue, South Bend, Indiana, to conduct the above referred to block party on September 16, 2000, from 4:00 p.m. to 11:00 p.m. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION --TO CLOSE STREET - THOMAS FROM MAPLE TO WALNUT - 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 16, 2000, from 11:00 a.m. to 7:15 p.m. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT HUMMER HOMECOMING PROCESSION Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Mike Morris, 505 West Garro, Plymouth, Indiana to conduct the above referred to HUNMlER procession, on September 21, 2000, beginning at 7:00 p.m. until 8:30 p.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OFRECOMMENDATION- TO CONDUCT SOUTH BEND CHAPTER OF LINKS INC. WALK-A-THON 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, 402 North Esther, South Bend, Indiana to conduct the above referred to walk, on September 23, 2000, beginning at 7:00 a.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was REGULAR MEETING SEPTEMBER 11, 2000 approved. APPROVAL OF RECOMMENDATION - TO CONDUCT ARTHRITIS FOUNDATION SOLICITATION 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 Daniels, 922 South Grand Avenue, Mishawaka, Indiana to conduct the above referred to solicitation at State Road 23 and Ironwood; Portage and Cleveland; and Miami and Ireland, on September 16, 2000. The Board noted that reflective safety clothing be worn by all participants, and that they be aware of safety issues while participating in the event. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. 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, James Whitcomb Riley High School, 1902 South Fellows, South Bend, Indiana to conduct the above referred to parade, on September 15, 2000, on the designated route as submitted, beginning at 5:30 p.m. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - 31 ST STREET FROM VINE TO PLEASANT - 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. Pam Feirick, 1022 South 31", South Bend, Indiana, to conduct the above referred to block party on September 23, 2000, from 9:00 a.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVE LICENSE APPLICATIONS - PUBLIC PARKING FACILITY Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the following license applications were approved: E.H. McNease 418 South Main E.H. McNease 420 South Main The above licence applications were approved and referred to the Deputy Controller's Office for issuance of a license. It was noted that the required Proofs of Insurance as well as the hours and rates to be charged was attached to the applications. APPROVAL OF RECOMMENDATION - TO CONDUCT KIWANIS FOUNDATION CHARITABLE SOLICITATION 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, Cohn Golden, Post Office Box 268, South Bend, Indiana to conduct the above referred to solicitation at the following intersections, on September 23, 2000: Ireland/Michigan Ironwood/McKinley Ireland/Miami Ironwood/S.R. 23 Ireland/Ironwood Michigan/Angela Bendix/Lincolnway Western/Mayflower Portage/Cleveland Ewing/Miami Ironwood/Lincolnway Jefferson/Eddy Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the recommendation was approved. 1 1 0-)0 n 1 REGULAR MEETING SEPTEMBER 11 2000 APPROVAL OF RECOMMENDATION - TO CLOSE STREET - NORTHSIDE BOULEVARD FROM CLOVER STREET TO 20TH STREET - INDIANA UNIVERSITY 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. Martin Gersey, Indiana University South Bend, Post Office Box 7111, South Bend, Indiana, to conduct the above referred to festival on September 23, 2000. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation 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 Stewart and Susan Church. 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 23424 Adams Road, South Bend, Indiana, (Key # 04-1009-014711), the Church's waive and release 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. Inks made a motion that the Consent be approved. Ms. Roemer seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following traffic control devices were approved: New Installation - Handicapped Accessible Parking Space Signs - 1824 South Columbia New Installation - Handicapped Accessible Parking Space Signs - 515 South Grant New Installation - Handicapped Accessible Parking Space Signs - 718 South 35th Street Removal - Bus Parking - 500 Block of East Ewing - North Side Removal - Handicapped Accessible Parking Space Signs - (19) 715 North Allen 1123 Napier 133 Milton 114 East Dubail 1336 East Madison 1623 North Wellington 211 West Indiana 109 South Bendix 326 North Wnln„t 1502 North Meade 908 West Thomas 708 North Johnson 1222 Blaine 127 North Elm 1921 South Ironwood 730 North St. Louis 4122 North Bonfield 317 East Indiana 1329 North Adams FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Certificates of Insurance were accepted for filing: Andrew Troeger & Company, Inc. 122 South Niles Avenue South Bend, Indiana 46617 Zimmerman Industrial Piping Company 1117 Clay Street Mishawaka, Indiana 46545 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 L.E. Barber Hoosier Siding and Construction Ron Willis Construction Company EXCAVATION BONDS Trans Tech Electric Approved Retroactive to September 5, 2000 Approved Effective September 11, 2000 Approved Effective September 11, 2000 Approved Retroactive to September 5, 2000 Ms. Roemer made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Inks seconded the motion which carried. REGULAR MEETING SEPTEMBER 11, 2000 FILING OF MONTH REPORT - ENVIRONMENTAL SERVICES Mr. Jack Dillon, Director, Environmental Services, submitted a monthly report for the Division of Environmental Services, for the Wastewater Treatment Plant, Organic Resources, Solid Waste and Sewer Repair. Mr. Dillon was asked by the Board to include a report on the Sewer Department as well. Mr. Dillon presented this report at the Agenda Session Meeting on September 7, 2000. There being no further discussion, upon a motion made by mr. Gilot, seconded by mr. Inks and carried, the report was accepted and filed. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,038,501.73 dated September 5, 2000, and $1,221,997.50 dated September 11, 2000 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted lists containing claims in the amount of $282,240.26, $340,006.40, $62,637.28 and $55,405.44 and recommended approval. The Morris Performing Arts Center submitted claims and recommended approval. In addition, Mr. Jon Hunt, Community & Economic Development, submitted claims on behalf of the St. Joseph county Housing Consortium and recommended approval. Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer 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 Ms. Roemer and carried, the meeting adjourned at 10:33 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Aatherine Roemer, M mber Donald E. Inks, Member A 11ST: Angela K.' cob, Clerk 1