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Home My WebLink About04/12/99 Board of Public Works MinutesREGULAR MEETING APRIL 12, 1999 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, April 12, 1999, by Board President James R. Caldwell, with Mr. Lewis N. Powell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on April 5, 1999, were approved. OPENING OF BIDS - ONE (1) MORE OR LESS FRONT -WHEEL DRIVE CARGO VAN This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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: GATES CHEVY WORLD 401 South Lafayette South Bend, Indiana 46634 Bid was signed by Mr. Dave Holland, Fleet Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was not completed (on file) Ten per cent (10%) Bid Bond was submitted BID: $18,688.00 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above bid was referred to Central Services for review and recommendation. AWARD BID - ONE (1) BRUSH BANDIT XP250 DISK TYPE CHIPPER Mr. Matthew Chlebowski, Director, Central Services, advised the Board that on October 26, 1998 bids were received and opened for the above referred to equipment. Mr. Chlebowski requested that the Board award an additional award of one (1) disk type chipper. This is in addition to the low bid awarded on October 26, 1998 to C & S Equipment Sales, 6511 State Road 205, LaOtto, Indiana. The additional bid award is in the amount of $22,370.00. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the additional bid be awarded as outlined above. Mr. Caldwell seconded the motion which carried. AWARD BID - ONE (1) FRONT END 921 CASE TIRE LOADER Mr. Matthew Chlebowski, Director, Central Services, advised the Board that on March 29, 1999, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Chlebowski recommends that the Board award the bid to MacDonald Machinery, Co., Inc., 3911 Limestone Drive, Fort Wayne, Indiana, in the amount of $201,599.00. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Caldwell seconded the motion which carried. APPROVAL OF "INTENT TO AWARD" CONSTRUCTION CONTRACT - SECONDARY CLARIFICATION IMPROVEMENTS - WASTEWATER TREATMENT PLANT - PROJECT NO. 98-18 In a letter to the Board, Mr. Jack Dillon, Environmental Services, stated that he has reviewed the bids for the above referred to project, which the Board opened on March 22, 1999. • Mr. Dillon recommended that the Board intent to award the contract to Bowen Engineering, Inc., 10315 Allisonville Road, Fishers, Indiana, in the amount of $5,529,300.00. Mr. Dillon stated that contracts to be funded by Indiana State Revolving Funds must be reviewed by the Indiana Department of Environmental Management prior to award. A "letter of intent" is a required step in this review. By approving the letter, the Board of Public Works will initiate its intent to award the contract to Bowen Engineering, pending the review and approval of IDEM. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the "Intent to Award" was approved. V V J REGULAR MEETING APRIL 12, Y999 CONSTRUCTION CONTRACT TABLED - 1999 GOOD NEIGHBORS/GOOD NEIGHBORHOODS PROGRAM - ZONE 4 - KASER SPEAKER CONSTRUCTION - PROJECT NO. 99-02 . Upon a motion made by Mr.. Caldwell, seconded by Ms. Roemer and carried, the above referred to construction contract was tabled. APPROVE COMMUNITY DEVELOPMENT CONTRACTS/ADDENDUM The following Community Development Contracts and Addendum were presented to the Board for approval: Community Development Program Addendum I - Chalfant/Bissell/Sorin Contract - Neighborhood Housing Scope of Services Homeownership Project - Services Extends 1998 contract through October 31, 1999 Community Development Program $100,000 Public Works improvements in 'Contract - Planning and Neighborhood the NHS target area on Sorin Development Street Community Development Program Revolving Loan 1999 RLF home improvements Contract -Neighborhood Housing Funds loans Services, Inc. Community Development Program $55,000 Construction of a cul-de-sac on Contract - Planning and Neighborhood Pennsylvania Avenue at High Development I I Street Upon a motion made by Mr. Powell, seconded by Mr. Caldwell and carried, the above referred to Contracts and Addendum were approved and executed. Ms. Roemer abstained from voting on the Contracts and Addendum from Neighborhood Housing Services, as she is a Board member. APPROVAL OF AGREEMENT - PROFESSIONAL AND TECHNICAL ASSISTANCE - PORTAGE AVENUE COMMERCIAL_ CORRIDOR STUDY - BUSINESS DISTRICTS INC. Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and Business Districts, Inc., 627 Grove Street, Evanston, Illinois, for professional and technical acFistance ti in connection with the Portage Avenue Commercial Corridor Revitalization Plan. Mr. Caldwell noted that the Agreement is in the amount of $10,000.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the Agreement was approved and executed. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 1 - PROFESSIONAL SERVICES - CLEVELAND ROAD ADDED TRAVEL LANES - KEN HERCEG AND ASSOCIATES INC. Mr. Caldwell stated that the Board is in receipt of a Supplemental Agreement between the City of South Bend and Ken Herceg and Associates, 211 West Washington, South Bend, Indiana, for additional services in the design preparation and subsequent work involved in Phase II of the above referred to project. Mr. Caldwell noted that the Supplemental Agreement is in the amount of $60,000.00, which brings the total agreement amount to $125,000.00. Therefore, upon a motion made by Mr. Powell, seconded by Ms. Roemer and carried, the Supplemental Agreement was approved and executed. APPROVAL OF AMENDMENT NO. 3 - PROFESSIONAL ENGINEERING SERVICES - HEADWORKS PROJECT - GREELEY AND HANSEN Mr. Caldwell stated that the Board is in receipt of an Amendment to an Agreement between the City of South Bend and Greeley and Hansen, 105 East Jefferson, South Bend, Indiana, for compensation to Greeley and Hansen for additional construction services pertaining to the Headworks Project, the Secondary Clarification Improvements Project, and the Blower/Engine Replacement Project. Originally the contract only included construction services for the Headworks Project. Mr. Caldwell noted that the Amendment to the Agreement is in the amount of $699,800.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the Amendment to the Agreement was approved and executed. REGULAR MEETING APRIL 12. 1999 APPROVAL OF REQUEST TO RE -ADVERTISE FOR THE RECEIPT OF BIDS - MORRIS PERFORMING ARTS CENTER - PROJECT NO. 98-25-6 In a letter to the Board, Mr. Fred Lusk, Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, requested permission to re -advertise for the receipt of bids for the above referred to project, due to the omission of the prevailing wage scale in the specifications. Mr. Lusk stated that funding is provided by a bond issue, and Ms. Cleo Hickey, Morris Performing Arts Center, concurs with this request. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the request to re -advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) MORE OR LESS MEDIUM TYPE II AMBULANCE In a memorandum to the Board, Fire Chief Luther Taylor, requested permission to advertise for the receipt of bids for the above referred to ambulance. Chief Taylor stated funding is provided by the Emergency Medical Services Capital Improvement Fund. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the request to advertise for the reciept of bids was approved. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Caldwell stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Al Bayman Custom Homes. 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 52493 Leland Road, South Bend, Indiana, South Bend, Indiana, (Key # 02-1091-4349), Al Bayman Custom Homes waive and release any and all right to remonstrate against or oppose any pending or future annexationof the property by the City of South Bend. Therefore, Mr. Caldwell made a motion that the Consent be approved. Ms. Roemer seconded the motion which carried. APPROVAL OF RECOMMENDATION - TO CONDUCT NORTHWEST LITTLE LEAGUE OPENING DAY PARADE Mr. Caldwell 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. James Connors, 3401. Keller, south Bend, Indiana to conduct the above referred to parade, on May 15, 1999, on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - CENTEX RODGERS CONSTRUCTION COMPANY - 100 NAVARRE STREET Mr. Caldwell advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Fire Department, Building Commissioner and the Legal Department for Centex Rodgers Construction Company to occupy Main street on the west side of the property for use by delivery trucks, staging/erection of pre -cast structural steel at 100 Navarre Street, subject to an Occupancy Bond. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - REINKE CONSTRUCTION - 112 SOUTH LAFAYETTE BOULEVARD Mr. Caldwell advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Fire Department, Building Commissioner and the Legal Department for Reinke Construction Company to close off a parking lane to set construction trailers for construction of the County Courthouse, subject to an Occupancy Bond. Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - CENTER FOR THE HOMELESS FIRST REPLAT - KEN HERCEG AND ASSOCIATES Mr. Larry Spradlin, Division of Engineering, in a request to aide in the approval of a proposed replat for the Center for the Homeless, recommended an encroachment into the right-of-ways of Michigan Street and the first public alley west of Michigan Street. Upon made by Ms. Roemer, seconded by Mr. Powell and carried, the recommendation was approved. Mr. Caldwell abstained from voting, as he is a member of the Board for the Center for the Homeless. REGULAR MEETING APRIL 12, 1999 ADOPT RESOLUTION NO. 18-1999 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 18-1999 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: ONE (1) 1973 BARBER GREEN PAVER, SERIAL #SB140X178 ONE (1) 5,000 GALLON TANDEM AXLE TANKER TRAILER, SERIAL #62284 ONE (1) 5,000 GALLON TANDEM AXLE TANKER TRAILER, SERIAL # 166767 WHEREAS, Indiana Code 36-1-11-6(c).peimits 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 of the City of South Bend that the items fisted 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 12th day of April, 1999. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA_ s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 19-1999 - ADOPT A WRITTEN FISCAL PLAN AND ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED ARE IN GERMAN TOWNSHIP (FISKARS PROPERTIES, INC NO 2 ANNEXATION,) Upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 19-1999 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 ANNEXED AREA IN GERMAN TOWNSHIP (FISKARS PROPERTIES, INC. NO. 2 ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of the real estate described hereinafter as Exhibit "A", located in German Township, St. Joseph County, Indiana; and REGULAR MEETING APRIL 12, 1999 WHEREAS, the territory proposed to be annexed voluntarily by all (100%) of its owners consists of approximately 0.37 acres of residential real estate. It is generally located on the south side of Brick Road, approximately 600 feet, east of Cleveland Road, with approximately 98% of its aggregate external boundaries coinciding with the boundaries of the City of South Bend. The development of the territory proposed to be annexed will require a basic level of municipal public services, including street and road maintenance, and services of a capital improvement nature, including water and sewer facilities; 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 and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature including water and sewer facilities to be furnished to the territory to be annexed; (2) the method (s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of a non -capital nature will be provided to the annexed area within one (1) year after the effective date of the annexation, and that they will be provided in a manner equivalent in standard and scope to similar non -capital services provided to areas within the corporate boundaries of the City of South Bend, regardless of similar topography, patterns of land use, and population density; (5) that services of a capital improvement nature will be provided to the annexed area within four (4) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporation 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. It is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, be annexed to the City of South Bend. Section II. It shall be and hereby is now declared and established that it is the policy of the City of South Bend, by and through its Board of Public Works, to furnish to said territory services of a non -capital nature, such as street and road maintenance within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to services furnished by the City to other areas of the City regardless of similar topography, patterns of land utilization, and population density; and to furnish to said territory, services of a capital improvement nature, such as sewer and water facilities within four (4) years of the effective date of the annexation, in the same manner as those services are provided to areas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. The Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted the 12th day of April, 1999. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 20-1999 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING APRIL 12, 1999 RESOLUTION NO, 20-1999 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: ONE (1) 1982 JOHN DEERE 644C LOADER, VIN #644CB405434 WHEREAS, Indiana Code 36-1-11-6(c) 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 of the. 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 12th day of April, 1999. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Lewis N. Powell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE TITLE SHEETS SOCIAL SECURITY ADMINISTRATION - SIDEWALK. CURB. APPROACH AND RAMP INSTALLATION - PROJECT NO. 99-26 - PEDESTRIAN ENTRANCE - PULASKI PARK - PROJECT NO. 98-26 Mr. Caldwell advised that the Title Sheets for the above referred to projects were being presented at this time for execution. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above referred to Title Sheets were approved and signed. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,350,515.06 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director,'WDS of Northern Indiana, submitted two (2) lists containing claims in the amount of $53,009.92 and $145,065.65. Ms. Roemer made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which carried. 1 (A REGULAR MEETING APRIL 12, 1999 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Roemer, seconded by Mr. Powell and carried, the meeting adjourned at 9:50.a.m. BOARD OF PUBLIC WORKS mes R. Caldwei, President �1�' a;L"'r-v Lewis N. Powell, Member Li/z�L 6-0--L.4c" M. &therine Roemer, M tuber A ST: LIV L Angela I acob, Cl c