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HomeMy WebLinkAbout02/23/98 Board of Public Works MinutesCOM'0•l REGULAR MEETING FEBRUARY 23, 1998 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, February 23, 1998, by Board President James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Board Attorney Michelle Engel was not present; Ms. Anne Bruneel, Assistant City Attorney, presided over the Board meeting in her absence. AGENDA ITEMS ADDED/STRICKEN Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the agenda item for a Bid Award was stricken and Resolution No. 21-1998 and an Agency Agreement were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the minutes of the regular meeting.of the Board held on February 16, 1998, were approved. APPROVE CHANGE ORDER - CLEVELAND ROADBENDIX DRIVE INTERSECTION IMPROVEMENTS - PROJECT NO. 97-010 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 3 on behalf of Rieth Riley Construction, Co., Inc., Post Office Box 1775, South Bend, Indiana indicating that the Contract amount be decreased $4,239.00 for a new Contract sum including this Change Order in the amount of $796,511.39. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - SOUTH BEND WASTEWATER TREATMENT ADMINISTRATION BUILDING HVAC UPGRADE - PROJECT NO 94-19 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Herrman & Goetz, Inc., 225 South Lafayette, South Bend, Indiana, for the above referred to project, indicating a final cost of $134,510.00. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Project Completion Affidavit was approved. APPROVE CONSTRUCTION CONTRACT - LEIGHTON PLAZA - BID PACKAGE 3-15 20 - FIRE PROTECTION - PROJECT NO. 97-57-4 Mr. Caldwell advised that in accordance wit; the bid awarded on December 22, 1997, to McDaniel Fire Systems, Inc., 53307 Ada Drive, Elkhart, Indiana, in the amount of $166,110.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bord and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA - BID PACKAGE 3-03 73 - PRE -CAST CONCRETE - PROJECT NO. 97-57-4 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend; Prestress Services, 7855 NW Winchester Road, Decatur, Indiana; and Valley American Bank, Elkhart, Indiana, for the above referred to project. Mr. Caldwell noted that the bid award was in the amount of $4,045,000.00. Therefore, upon a motion made by Mr. Caldwell seconded by Ms. Roemer and carried, the Escrow Agreement was approved and executed. APPROVE COMMUNITY DEVELOPMENT CONTRACTS The following Community Development Contracts were presented to the Board for approval: Community Homebuyers $36,500.00 To be paid by CBC to Bureau of Housing for Corporation staff support services in 1998. 053 REGULAR MEETING FEBRUARY 23 1998 Housing Assistance Office Broadway Extends 1997 contract through the end of Mortgage 1998. Subsidies Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above referred to . Contracts were approved and executed. Ms. Roemer abstained from voting on the Contract from Community Homebuyers, as she is a member of their Board. APPROVAL OF AGENCY AGREEMENT - MORRIS PERFORMING ARTS CENTER Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and the Redevelopment Authority of South Bend, for purposes of constructing, remodeling and equipping the Morris Performing Arts Center. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Agreement was approved and executed. PROPOSAL TABLED- DEVELOPMENT OF A MARKETING STRATEGY FOR CLASS A BIOSOLIDS Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Proposal for a marketing strategy for Class A Biosolids was tabled. APPROVAL OF AGREEMENT - WORKERS COMPENSATION ADMINISTRATION Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and JWF Specialty Company, 902 Virginia Avenue, Indianapolis, Indiana, for legal services for Worker's Compensation Administration. Mr. Caldwell noted that the Agreement is in the amount of $65,000.00 per year, which is effective January 1, 1998 through December 31, 2000. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Caldwell -and carried, the Agreement was approved and executed. APPROVAL OF GRANT OF EASEMENT Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, a Grant of Easement for an easement of the east/west alley of Main Street to Michigan Street, near the Morris Civic Auditorium, more particularly described in the legal description as submitted, was approved. ADOPT RESOLUTION NO. 20-1998 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 20-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana:. See attached Exhibit A (Real Property) WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the "Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, Pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as a idenced by the adoption of substantially identical resolutions of each entity; and OS4 REGULAR MEETING FEBRUARY 23, 1998 WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the South Bend Redevelopment Authority in order that the Morris Civic Auditorium and Palais Royale Ballroom may be renovated. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: See attached Exhibit A by the City of South Bend, Indiana to the South Bend Redevelopment Authority for the sum of One Dollar ($1.00) shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the South Bend Redevelopment Authority. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on February 23, 1998, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 21-1998 Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 21-1998 RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING AND AUTHORIZING THE EXECUTION OF AN AGENCY AGREEMENT BY AND BETWEEN THE SOUTH BEND REDEVELOPMENT AUTHORITY AND THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS FOR THE MORRIS PERFORMING ARTS CENTER PROJECT WHEREAS, the South Bend Redevelopment Authority (the "Authority") intends to issue its bonds pursuant of I.C. 36-7-14.5-19 to be known as the "South Bend Redevelopment Authority Lease Rental Revenue Bonds (Morris Performing Arts Center Project)" (the "Bonds"), the proceeds of which are to be used to finance the cots of (i) acquiring, constructing, renovating and equipping the Morris Performing Arts Center which includes the Morris Civic Center and certain portions of the Palais Royale facility in South Bend, Indiana, and (ii) issuing the Bonds (collectively, the "Project"); and WHEREAS, the Authority intends to lease the Project to the South Bend Redevelopment Commission (the "Commission") pursuant to an Amended and Restated Lease dated as of May 1 1 O5s REGULAR MEETING FEBRUARY 23 1998 1,1997, as subsequently amended (collectively referred to herein as the "Amended and Restated Lease"); and WHEREAS, the Board of Public Works (the "Board"), on behalf of the City of South Bend, Indiana (the "City"), desires to enter into an Agency Agreement with the Authority to provide for the construction of the project by the Board and other related matters, a copy of which is attached hereto as Exhibit A; NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana, Board of Public Works as follows: Section 1. The Board hereby approves of the Agency Agreement in the form attached hereto as Exhibit A and authorizes its execution in substantially the form attached hereto as Exhibit A with such changes as the Board deems necessary or appropriate upon the advice of counsel, said execution thereof to be conclusive evidence of its approval of such changes. The Clerk is hereby directed to file a copy of the Agency Agreement with the Authority. Section 2. This Resolution shall be in full force and effect after its adoption by the Board. ADOPTED at a meeting of the Board held on February 23, 1998, at 9:30 a.m. in Room 1308, County -City Building, South Bend, Indiana 46601 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RECOMMENDATION - TO ENCROACH ONTO PUBLIC RIGHT OF WAY - VALLEY AMERICAN BANK BUILDING - INSTALLATION OF SIGN Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Building Department, Fire Department and the City Attorney's office, in reference to a request as submitted by 11r. Don Jesswein, Forest Sign and Display, 2729 South Main, South Bend, Indiana to install a street level directory sign on the Valley American Bank Building, at 211 West Washington, South Bend, Indiana, as described in plans as submitted. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the recommendation was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Reverend Anthony Szakaly, St. Joseph's Church, 226 North Hill, South Bend, Indiana to vacate the following alley: The first north south alley east ofNorth Hill Street from the north right of way of East Colfax Avenue to the south right of way of East LaSalle for a distance of approximately 410 feet and a width of 14 feet. Part located in Lowell (Original Town), City of South Bend, St. Joseph County, Indiana. Also, the first east west alley north of East Colfax Avenue from the west right of way of St. Louis Avenue to the east right of way of the first north south alley east of North Hill Street for a distance of approximately 165 feet and a width of 14 feet. Part located in Lowell (Original Town), City of South Bend, St. Joseph County, Indiana. Mr. Caldwell 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. OS6 REGULAR MEETING FEBRUARY 23, 1998 Roemer made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition, subject to any utilities and easements. Mr. Littrell seconded the motion which carried. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Labont Enterprises, Inc. EXCAVATION BONDS Fireline Construction Fluor Daniel GTI, Inc. Approved Retroactive to February 20, 1998 Approved Retroactive to February 16, 1998 Approved February 20, 1998 Mr. Caldwell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Ms. Roemer seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following three (3) traffic control devices were approved: Removal of Handicap Sign 734 S. 36th Street Signs no longer needed. Removal of No Parking - Vine/20th 65' east of 20th on Rental house on the corner Revised to No Parking within north side and cars driving over curb 15' Pavement - Tow Zone and parking in treelawn. Removal of Handicap Sign 2638 W. Washington. Remove at 2638 W. Washington and install at 750 Dundee. Ms. Brown is moving. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the following Certificate of Insurance was accepted for filing: Direct Line Communications, Inc. Post Office Box 417 Granger, Indiana 46530 APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,238,774.59, dated February 23,1998 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $48,757.89 and recommended approval. Ms. Roemer made a motion that the. claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion which carried. 1 11 O 5 7 REGULAR MEETING FEBRUARY 23, 1998 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 9:59 a.m. T EST: Angela 0acob, Cl rk E 1 BOARD OF PUBLIC WORKS Carl P. Littrell, Member ames R. ,. well, Mem er M. Catherine Roemer, Member