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.
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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
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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
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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.
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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.
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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
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BOARD OF PUBLIC WORKS
Carl P. Littrell, Member
ames R. ,. well, Mem er
M. Catherine Roemer, Member