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Home My WebLink About10/23/00 Board of Public Works MinutesP.t-y0�.. a :tea ?_:4 REGULAR MEETING OCTOBER 23, 2000 The regular meeting of the Board of Public Works was convened at 9:32 a.m. on Monday, October 'n 2000, by Board President Gary A. Gilot, with Ms. M. Catherine Roemer present. Board Member Donald E. Inks was not present. Also present was Board Attorney Frank Schaffer. ADD AGENDA ITEMS/TABLE AGENDA ITEM Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the following agenda items were added/tabled: - Add Construction Contract - Demolition of 600 North Niles Avenue/529 Crescent Avenue - Project No. 100-83 - Add Addendum - Workers Compensation Agreement - Table Change Order and Project Completion Affidavit - Newman -Altman Demolition APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms... Roemer, seconded by Mr. Gilot and carried, the minutes of the regular meetings of the Board held on October 9 and October 16, 2000, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - DAY FURS Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Mr. Kevin Day, 18205 Kinsey Avenue, Westfield, Indiana, to conduct the sale of furs January 26 through January 28, 2000 at the Century Center. Mr. Gilot stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. Mr. David Hicks, Century Center, 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. Gilot, seconded by Ms. Roemer and carried, the Application for a Transient Merchant License was approved. OPENING/AWARD OF QUOTATIONS - SOUTHEAST NEIGHBORHOOD REDEVELOPMENT - DEMOLITION SITE CLEARANCE EXCAVATION SANITARY SEWER LATERAL AND WATER SERVICE REPLACEMENT - PROJECT NO. 100-91 Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: GRADE -RITE EXCAVATING, INC. 12877 Industrial Drive Granger, Indiana 46530 Quotation was submitted by Mr. Dave Horein QUOTATION: $69,850.00 BRADBERRY BROTHERS EXCAVATING 20061 West Dice Street South Bend, Indiana 46619 Quotation was submitted by Mr. W. Bradberry QUOTATION: $80,380.77 KASER SPRAKER CONSTRUCTION INC. 25487 West State Road 2 South Bend, Indiana 46619 Quotation was submitted by Mr. Gary Spraker QUOTATION: $85,476.00 *_A4 L� d 1 REGULAR MEETING RITSCHARD BROTHERS INC. 1204 West Sample Street South Bend, Indiana 46619 Quotation was submitted by Mr. Donald Ritschard QUOTATION: $89,274.00 B&J EXCAVATION COMPANY INC. 1104 West Donald Street South Bend, Indiana 4613 Quotation was submitted by Mr. Darnell O'Neal QUOTATION: $90,000.00 OCTOBER 23, 2000 Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above Quotations were referred to Community and Economic Development for review and recommendation. Mr. Marco Mariani, Planning Department, reviewed the quotations, and recommended that Board award the contract to Grade -Rite Excavating in the amount of $69,850.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roemer seconded the motion which carried. OPENING OF BIDS - SOUTH SIDE SANITARY SEWER AND WATER MAIN EXTENSION - PHASE I - PROJECT NO 100-53 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: 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: $1,048.018.00 (Bid was not tabulated; Carl Littrell tabulated at meeting) 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: $870,497.67 DYE MECHANICAL INC. 3535 Monroe Street LaPorte, Indiana 46352 Bid was signed by Mr. Charles T. Dye, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed "tit_.. i REGULAR MEETING OCTOBER 23, 2000 Five per cent (5%) Bid Bond was submitted BID: $1,012,000.00 OSELKA CONSTRUCTION COMPANY Post Office Box 253 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: $1,129,191.05 NIBLOCK EXCAVATING, INC. Post Office Box 211 LaPorte, Indiana 46507 Bid was signed by Mr. Gary Niblock, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $1,366,075.88 ATLAS EXCAVATING, INC. 4740 Swisher Road West Lafayette, Indiana 47906 Bid was signed by Ms. Tina Dillon, Secretary/Treasurer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $964,891.00 SELGE CONSTRUCTION COMPANY, INC. 2833 South 1lt' 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: $724,351.56 HERRMAN_& GOETZ, INC. DB/A 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 BID: $983,872.00 O REGULAR MEETING OCTOBER 23, 2000 Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - OLIVE STREET IMPROVEMENTS - CALHOUN TO HUMBOLDT STREETS - PROJECT NO. 100-73 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: PHEND AND BROWN, INC. Post Office Box 150 Milford, Indiana 46542 Bid was signed by Mr. Daniel F. Brown, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted .H Base Bid: $ 64,585.00 Base Bid & Alternate $154,945.00 ATLAS EXCAVATING, INC. 4740 Swisher Road West Lafayette, Indiana 47906 Bid was signed by Ms. Tina Dillon, Secretary/Treasurer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted at m Base Bid: $ 61,450.00 Base Bid & Alternate $148,515.00 BROOKS CONSTRUCTION COMPANY INC. 727 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by Mr. Jeffrey L. Bender, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted RIM Base Bid: $ 64,275.00 Base Bid & Alternate $156,625.00 KASER-SPRAKER CONSTRUCTION INC. 25487 West State Road 2 South Bend, Indiana 46619 Bid was signed by Mr. Gary L. Spraker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed REGULAR MEETING Five per cent (5%) Bid Bond was submitted m Base Bid: $ 70,615.00 Base Bid & Alternate $168,140.00 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 e Base Bid: $ 51,550.00 Base Bid & Alternate $123,415.00 RIETH RILEY CONSTRUCTION COMPANY INC. 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by Mr. Michael J. Silver, Engineer/Estimator Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted .M Base Bid: $ 51,470.00 Base Bid & Alternate $122,605.00 OCTOBER 23, 2000 Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for the above referred to vehicles. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Gilot asked if there were no objections, the bids would be available for public inspections after the Board of Public Works meeting. There were no objections, and the bids were not publicly read. WILLIAM G. THOMAS 902 West Indiana Avenue South Bend, Indiana 46613 No. Red Make Year Vin Number Bid Tag # 14 5416 WELLS CARGO 1988 1WC2001,13J1043121 $111.00 TRAILER 1 I �Ll 'y•r ; .r, E REGULAR MEETING OCTOBER 23, 2000 15 5417 JOBSITE/ 1986 3686702 $ 35.00 TRAILER SCOTT RIPLEY 1930 South Franklin Street South Bend, Indiana 46613 [me No. Red Make Year Vin Number Bid Tag # 1 5728 MERCEDES 1984 WDBOB22A4EA080129 $135.00 BENZ 2 5730 FORD PICKUP 1986 2FTCF15Y8GCA98519 $ 75.00 3 5727 OLDSMOBILE 1984 1G3AG69Y3EM787246 $ 44.52 4 5732 FORD PICKUP 1976 F15MLC80960 $ 50.00 5 5726 MERCURY 1988 IMEBM5840JG649130 $ 75.00 6 5729 FORD PICKUP 1987 1FTBR10C5HUB89604 $ 42.60 7 5718 FORD PICKUP 2FTCF15YOGCA72786 $105.00 8 5450 TRAILER/ ? ? $ 31.00 UNKNOWN 9 4957 TRAILER/ ? 102890MF836 $ 31.00 UNKNOWN 10 5413 WELLS CARGO ? WC11682 $ 30.50 TRAILER 11 15418 TRAILER/ ? E446666 $ 30.50 UNKNOWN 12 15414 TRAILER/ ? ? $ 31.00 UNKNOWN 13 15448 TRAILMOBILE/ 1972 J60883 $ 50.10 SEMI TRLR 14 15416 WELLS CARGO 1988 1WC200L13J1043121 $ 32.50 TRAILER 15 15417 JOBSITE/ 1986 3686702 $ 30.52 TRAILER 16 5415 FRUEHAUF/ ? BPP421159 $ 50.10 SEMI TRLR 17 5449 FRUEHAUF/ ? FW113059 $ 50.10 SEMI TRLR JEFF BIRTWHISTLE 1002 Lawndale South Bend, Indiana 46628 0. REGULAR MEETING OCTOBER 23, 2000 BID: No. Bid Red Make Year Vin Number Tag # 1 5728 MERCEDES 1984 WDBOB22A4EA080129 $350.01 BENZ 5 5726 MERCURY 1988 1MEBM5840JG649130 $ 95.00 7 5718 FORD PICKUP 2FTCF15YOGCA72786 $ 67.00 KENNETH KAGEL 1128 Dayton Street South Bend, Indiana 46613 BID: Bid No. Red Make Year Vin Number Tag # 9 4957 TRAILER/ ? 102890NE836 $ 35.00 UNKNOWN 11 5418 TRAILER/ ? E446666 $ 35.00 UNKNOWN 14 5416 WELLS CARGO 1988 IWC200L13JI043121 $ 50.00 TRAILER 15 5417 JOBSITE/ 1986 3686702 $ 50.00 TRAILER JERRY HOGAN 13655 East Jefferson Mishawaka, Indiana 46545 BID: Bid No. Red Make Year Vin Number Tag # 13 5448 TRAILMOBILE/ 1972 J60883 $402.00 SEMI TRLR 16 5415 FRUEHAUF/ ? HPP421159 $202.00 SEMI TRLR 17 5449 FRUEHAUF/ ? FW113059 $402.00 SEMI TRLR JIM DAVIS 3126 South St. Joe South Bend, Indiana 46614 BID: C Li 1 REGULAR MEETING OCTOBER 23, 2000 No. Red Tag # Make Year Vin Number Bid 2 5730 FORD PICKUP 1986 2FTCF15Y8GCA98519 $100.00 3 5727 OLDSMOBILE 1984 j 1G3AG69Y3EM787246 $200.00 4 5732 FORD PICKUP 1976 F15MLC80960 $200.00 JIM CAUFFMAN 609 South 25"' Street South Bend, Indiana 46615 G No. Red Make Year Vin Number Bid Tag # 13 5448 TRAILMOBILE/ 1972 J60883 $210.00 SEMI TRAILER DEALIN' DAVE AUTO SALES 534 South Michigan Street South Bend, Indiana 46617 n No. Red Make Year Vin Number Bid Tag # 13 5448 TRAILMOBILE/ 1972 J60883 $300.00 SEMI TRAILER 16 5449 FREUHAUF/ ???? BPP421159 $300.00 SEMI TRLR 17 5449 FREUHAUF/ ???? FW113059 $300.00 SEMI TRLR AJ's AUTOMOTIVE 13655 East Jefferson Mishawaka, Indiana 46545 No. Red Make Year Vin Number Bid Tag # 13 5448 TRAILMOBILE/ 1972 J60883 $402.00 SEMI TRAILER 17 5449 FREUHAUF/ ???? FW113059 $402.00 SEMI TRLR TOTAL $804.00 AWARD QUOTATION - MORRIS PERFORMING ARTS CENTER - BOX OFFICE AREA REMODELING -PROJECT NO. 100-85 Mr. Mike Giulioni, Planning Department, advised the Board that on October 9, 2000, quotations were received and opened for the above referred to project. After reviewing those quotations, Mr. Giulioni recommended that the Board award the contract to the lowers responsive and responsible REGULAR MEETING OCTOBER 23, 2000 bidder, Kaser Spraker Construction, 25487 State Road 23, South Bend, Indiana in the amount of $25,000.00, which is the base bid and alternate. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion which carried. AWARD BID - BLACKTHORN WEST INDUSTRIAL PARK - PROJECT NO 100-77 Mr. Carl P. Littrell, City Engineer, advised the Board that on October 16, 2000, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommended that the Board award the contract to the lowest responsive and responsive bidder, Niblock Excavating, Inc., Post Office Box 211, Bristol, Indiana in the amount of $231,203.15, which is the base bid only. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion which carried. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - MISHAWAKA AVENUE - CURB, SIDEWALK, BENCH, BIKE RACK AND TREE GRATE - PROJECT NO 100-78 In a memorandum to the Board, Mr. Hesham Khalil, Division of Engineering, requested permission to advertise for the receipt ofbids for the above referred to project. Mr. Khalil stated that this project will include removal and replacement of curb, sidewalk, grading, and planting, and placement of a bench, bike rack and tree grate. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids was approved. APPROVE CHANGE ORDER - MORRIS PERFORMING ARTS CENTER - TRANS TECH ELECTRIC - PROJECT NO. 98-25-5.16 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 005 on behalf of Trans Tech Electric, Post Office Box 3915, South Bend, Indiana indicating that the Contract amount be increased $101,941.99 for a new Contract sum including this Change Order in the amount of $1,364,727.09. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Change Order was approved. APPROVE CHANGE ORDER - MORRIS PERFORMING ARTS CENTER - TRANS TECH ELECTRIC - PROJECT NO. 98-25-5.16 Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 006 on behalf of Trans Tech Electric, Post Office Box 3915, South Bend, Indiana indicating that the Contract amount be increased $1,882.77 for a new Contract sum including this Change Order in the amount of $1,366,609.86. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE BUILDING BLOCK GRANT AGREEMENTS The following Building Block Grant Agreements were presented to the Board for approval: 531 W. Indiana (D. VanPelt) Flowers/Bushes $125 2310 Pine Creek Court (D. Steel) Tree/Shrub/Flowers/Mulch $125 1323 Huffman Drive (S. Hunter) Shrubs/Flowers/Trees/Edging $125 Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the above referred to Agreements were approved and executed. APPROVE CONSTRUCTION CONTRACT - HUEY AND HAMILTON STREET SEWER - WALSH & KELLY, INC. - PROJECT NO. 100-28 Mr. Gilot advised that in accordance with the bid awarded on October 9, 2000, to Walsh & Kelly, Inc., 243 5 8 State Road 23, South Bend, Indiana, in the amount of $23 8,172.77 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 Ms. Roemer 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 OCTOBER 23, 2000 APPROVAL OF AGREEMENT - NEIGHBORHOOD YOUTH GRANT PROGRAM - DICKINSON MIDDLE SCHOOL Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Dickinson Middle School, 4404 West Elwood, South Bend, Indiana, for Thanksgiving baskets for thirty (30) families. Mr. Gilot noted that the Agreement is in the amount of $1,693.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Agreement was approved and executed. APPROVAL OF PROPOSAL - PROFESSIONAL APPRAISAL SERVICES - APPRAISAL GROUP, INC. Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Appraisal Group, Inc. for professional appraisal services on the property at the southwest corner of Garst and Michigan Streets. Mr. Gilot noted that the Proposal is in the amount not to exceed $1,000.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Proposal was approved and executed. APPROVE CONSTRUCTION CONTRACT - DEMOLITION OF 600_NORTH NILES/529 CRESCENT AVENUE - KNAPP ENVIRONMENTAL - PROJECT NO. 100-83 Mr. Gilot advised that in accordance with the bid awarded on October 9, 2000, to Knapp Environmental Construction Services, Inc., 12875 McKinley Highway, Mishawaka, Indiana, in the amount of $76,000.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot 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 AGREEMENT - PROFESSIONAL SERVICES - WESTERN AVENUE COMMERCIAL CORRIDOR -LEHMAN AND LEHMAN Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Lehman and Lehman, 202 Lincolnway East, Mishawaka, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $25,000.00, and the term of the Agreement is September 29, 2000 through September 28, 2001. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT -SURVEYING AND PLANNING SERVICES - SOUTH KENDALL STREET IMPROVEMENTS - RUM VILLAGE - DANCH HARNER AND ASSOCIATES Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Danch Harner and Associates, 3231 Sugar Maple Court, South Bend, Indiana, for the above referred to project. Mr. Gilot noted that the Agreement is in the amount of $11,400.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Agreement was approved and executed. APPROVAL OF ADDENDUM TO AGREEMENT - WORKERS COMPENSATION AGREEMENT - GIBSON INSURANCE GROUP Mr. Gilot stated that the Board is in receipt of an Addendum to an Agreement between the City of South Bend and Gibson Insurance Group, Post Office Box 11177, South Bend, Indiana, for a change in the term of service, which commences on January 1, 2001, and shall be in effect until December 31, 2003. Therefore, upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Addendum was approved and executed. ADOPT RESOLUTION NO. 107-2000 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXATION AREA IN CENTRE TOWNSHIP (SYLVIA R. HOUSER REVOCABLE TRUST ROYAL OAK ESTATES BY D&H HOME BUILDERS INC. AND COMMUNITY BAPTIST CHURCH ANNEXATION) Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Resolution REGULAR MEETING OCTOBER 23, 2000 was adopted by the Board of Public Works: RESOLUTION NO.107-2000 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 CENTRE TOWNSHIP (SYLVIA R. HOUSER REVOCABLE TRUST, ROYAL OAK ESTATES BY D&H HOME BUILDERS, INC. AND COMMUNITY BAPTIST CHURCH ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an Ordinance and a petition by more than 51% of the property owners which proposes the annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is described more particularly on Page 11 in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the territory proposed to be annexed encompasses approximately 104.69 acres on which are situated a residence, a pole barn, and a church, which property is at least 12.1% contiguous to the current City limits, i.e., 16.14% contiguity, and which is generally located on the South side of Johnson Road, approximately 1,000 feet west of Miami Road, Centre Township, Indiana. The annexation territory is proposed for development of two single family subdivisions, and will require a basic level of municipal public services, of a non -capital improvement nature, including street and road maintenance, street sweeping, flushing, and snow removal, sewage collection, solid waste and yard pick-up as well as recycling services, 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, sewage collection, solid waste and yard waste pick-up as well as recycling services, 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 ofthe 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 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 Centre Township, St. Joseph County, Indiana, described on Page 11 in 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 ofPublic Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance, street sweeping, flushing, snow removal, solid waste and yard waste pick-up as well as recycling services within one (1) year of the effective 1 y � CA a f-13 1 1 REGULAR MEETING OCTOBER 23, 2000 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(developer to provide capital for sewage extensions), a water distribution system (existent water mains are capable of handling this annexation area), a storm water system (to be installed and paid for by developer), street and road construction (developer to construct new public streets for access to proposed developed lots), and a street lighting system (to be provided and paid for by developer) 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. The previously identified capital improvement services shall be provided in conformity with all applicable City Codes, standards, and regulations at the expense of the owner/developer pursuant to the fiscal plan, Exhibit "A" hereto. 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. Adopted the 23`d day of October, 2000 BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/M. Catherine Roemer, Member TABLE RECOMMENDATION - PURCHASE OF CITY -OWNED PROPERTIES - LOTS 96,97 103 AND 104 - OAK GROVE Ina letter to the Board, Mr. John Butkovich, Habitat for Humanity, 402 East South Street, indicated that he was interested in purchasing the above referred to City -owned properties. Mr. Butkovich advised that he will be using the properties for the construction of two homes. It was noted that favorable recommendations have been received by the Mayor's office, Code Enforcement, Community & Economic Development, Park Department, Engineering and the City Attorney's office. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the above request was tabled, pending further information. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - HURON STREET FROM PHILLIPA TO CARLISLE - HALLOWEEN 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. Vera Maust, 2203 West Huron Street, South Bend, Indiana, to conduct the above referred to Halloween party on October 30, 2000, from 3:00 p.m. until 5:00 p.m. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the recommendation was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Daniel Chapman, 330 West Navarre, South Bend, Indiana to vacate the following alley: The first north/south alley east of Portage Avenue from the south right of way of West Navarre Street to the north right of way of West Marion Street for a distance of approximately 410 feet and a width of 14 feet. Part located in the Original Town 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, Ms. Roemer made a motion that the Board send a favorable recommendation to the Common Council REGULAR MEETING OCTOBER 23, 2000 concerning this Vacation Petition, subject to any utility easements that may be required and also be subject to an access easement for the building owned by Welsheimer Funeral Homes, Inc., as stated within the petition. Mr. Gilot seconded the motion which carried. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - PARK LANE FROM LAFAYETTE TO MAIN STREET - GROUNDBREAKING CEREMONY - MADISON ELEMENTARY ACCELERATED SCHOOL 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. James Bakowski, Madison Elementary Accelerated School, 832 North Lafayette, South Bend, Indiana, to conduct the above referred to event on October 26, 2000, from 9:00 a.m. to 11:45 a.m. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT "A WALK FOR UNITY" - NEW HORIZONS OUTREACH MINISTRY Mr. Gilot stated that favorable recommendations have been received by the Division ofEngineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Kintae Lark, 707 Sherman, South Bend, Indiana to conduct the above referred to walk, on October 21, 2000, on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT RILEY HIGH SCHOOL BAND 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. George Beutter, Riley High School, 1 Wildcat Way, South Bend, Indiana to conduct the above referred to procession, on October 21, 2000, on the designated route as submitted. Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVE CONTRACTOR BONDS Mr. Anthony Molnar, Engineer, Division ofEngineering, recommended that the following Contractor Bonds be approved as follows: BOND OF CONTRACTOR Ronald DeLaere Approved Effective October 12, 2000 Approved Pursuant to Resolution No. 100-2000 CD Concrete Approved Effective October 17, 2000 Approved Pursuant to Resolution No. 100-2000 Tracey Harvey Approved Effective October 17, 2000 Approved 10/17/00 Pursuant to Resolution No. 100-2000 Roger L. Reed/Precision Concrete Approved Effective October 12, 2000 Approved Pursuant to Res. No. 100-2000 Ms. Roemer made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Gilot seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the following Certificate of Insurance was accepted for filing: Torok Excavation, Inc. 54195 Burdette South Bend, Indiana 46635 REGULAR MEETING OCTOBER 23, 2000 APPROVAL OF GRANT OF EASEMENT - INSTALLATION OF SIGNAGE - MEMORIAL HOSPITAL - ENCROACHMENT OF PUBLIC RIGHT OF WAY Mr. Carl Littrell stated that the above referred to Grant of Easement is for the installation of three (3) hospital signs encroaching into the public right ofway at 615 North Michigan Street, South Bend, Indiana. Upon a motion made by Ms. Roemer, seconded by Mr. Gilot and carried, the Grant of Easement was approved. 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: 1. Clark Refining, Inc. 2322 South Michigan Street South Bend, Indiana 46614 Upon a motion made by Mr. Gilot, seconded by Ms. Roemer and carried, the Discharge Permit was approved. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,146,270.35 dated Octoberl6, 2000, and $1,795,361.07 dated October 23, 2000 and recommended approval. It was noted that the claims dated October 16, 2000 were approved October 16, 2000, pursuant to Resolution No. 100-2000. Additionally, Mr. Juan Manigault, Executive Director, WDS ofNorthern Indiana, submitted lists containing claims in the amount of $351,232.80, $39,422.73 and $39,609.15 and recommended approval. Community and Economic Development submitted claims on behalf of the St. Joseph Housing Consortium and recommended approval. It was noted that the claims for the Housing Consortium were approved on October 17, 2000, pursuant to Resolution No. 100-2000. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Mr. Gilot seconded the motion which carried. PRIVILEGE OF THE FLOOR Mr. Jim Freeman, Wightman Schaeffer, was present, and requested the Board approve the Title Sheet for the Organic Resources Subdivision. Upon a motion made by Mr. Gilot, seconded by Mr. Roemer and carried, the Title Sheet was approved. It was noted that the Board of Public Works will hold a Special Meeting on Monday, October 30, 2000, at 9:30 in the Board of Public Works meeting room. 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 10:20 a.m. 1 REGULAR MEETING ATTEST: Angela K. Jacob, Clerk OCTOBER 23, 2000 BOARD OF PUBLIC WORKS /- � � dA J � �� Gary A. Gilot, President M. Catherine Roemer, Member i Donald E. Inks, Member 1 1