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HomeMy WebLinkAbout03/02/98 Board of Public Works MinutesREGULAR MEETING MARCH 2, 1998 The regular meeting of the Board of Public Works was convened at 9:3 5 a.m. on Monday, March 2, 1998, by Board President James R. Caldwell, with Mr. Carl P. Littrell present. Ms. M. Catherine Roemer was not present. Also present was Board Attorney Michelle Engel. PUBLIC HEARING - LICENSE APPLICATION FOR TRANSIENT MERCHANT - KRIS SPRINGLE CRAFT SHOW Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning an Application for a License for a Transient Merchant, as submitted by Ms. Elinor L. Tyl, 512 West Jefferson, Mishawaka, Indiana, to conduct the Kris Springle Craft Show at Union Station, South Bend, Indiana, on March 15, 1998. Mr. Caldwell stated that favorable recommendations have been received by the Police Department, Fire Department, Building Commissioner and the Legal Department. Ms. Elinor Tyl, 512 West Jefferson, Mishawaka, Indiana, was present, and recommended approval. She stated that this was the third year of the event. 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. Caldwell, seconded by Mr. Littrell and carried, the License Application for a Transient Merchant was approved. APPEAL TABLED - TAXI CAB DRIVER'S LICENSE - MR. THOMAS J. SCHEUER Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Appeal was tabled, as Mr. Scheuer did not appear at the meeting. OPENING OF BIDS - SAMPLE EWING REDEVELOPMENT AREA - SITE CLEARANCE - PHASE IV - PROJECT NO. 98-003 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: BRADBERRY BROTHERS, INC. 20061 West Dice Street South Bend, Indiana 46614 Bid was signed by Mr. W.J. Bradberry, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (51/6) Bid Bond was submitted BID: $35,298.50 RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. David A. Reinhold, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $35,882.80 B&J EXCAVATION, INC. 1104 West Donald Street South Bend, Indiana 46613 1 L 1 REGULAR MEETING Bid was signed by Mr. Julius O'Neal, Jr., President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $39,474.00 TOROK EXCAVATING & DEMOLITION 54195 North Burdette Street South Bend, Indiana 46637 Bid was signed by Mr. William Torok, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $36,941.00 WARNER AND SONS, INC. Post Office Box 87 Elkhart, Indiana 46515 Bid was signed by Mr. Jack Warner, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $32,972.50 MARCH 2, 1998 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - SOUTH MICHIGAN DEMOLITION AND ENVIRONMENTAL CLEANUP - PROJECT NO. 98-004 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: M&R WRECKING, LTD. 5300 S. Lawndale Avenue McCook, Illinois 60525 Bid was signed.by Mr. Cecil Roderick, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $308,930.00 LAFREE EARTH, INC. Post Office Box 1752 Mishawaka, Indiana 46546 Bid was signed by Mr. Greg LaFree, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was ccmpleted Five per cent (5%) Bid Security was submitted BID: $185,257.00 • -• REGULAR MEETING RITSCHARD BROTHERS, INC. 1204 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. David Reinhold, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $170,402.00 WARNER AND SONS, INC. Post Office Box 87 Elkhart, Indiana 46515 Bid was signed by Mr. Jack Warner, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $133,996.00 DORE & ASSOCIATES CONTRACTING, INC. 900 Harry Truman Parkway Bay City, Michigan 48706 Bid was signed by Mr. Arthur M. Dore, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $112,200.00 MARCH 2. 1998 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - MORRIS_ CIVIC EXPANSION AND RENOVATION - ASBESTOS ABATEMENT - PROJECT NO. 98-25-1 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: SPECIALTY SYSTEMS OF SOUTH BEND, INC. 51115 Mayflower Road South Bend, Indiana 46628 Bid was signed by Mr. Joe W. Taylor, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $159,393.00 ENVIRONMENTAL MANAGEMENT SPECIALISTS, INC. Post Office Box 39 Huntertown, Indiana 46748 Bid was signed by Mr. Thomas F. Papaik, President 061 REGULAR MEETING Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $174,525.00 MARCH 2. 1998 Hidden pipe insulation removal Add $18.50 per linear foot Demolish plaster chase to expose asbestos TSI Add $8.00 per square foot Demolish brick/block to expose asbestos TSI Add $10.00 per square foot Remove ACM plaster Add $10.00 per square foot Remove ACM floor the & mastic Add $2.75 per square foot Remove ACM acoustical plaster Add $15.00 per square foot INSULCO ASBESTOS MANAGEMENT, INC. 2840 West Vermont Street Blue Island, Illinois 60406 Bid was signed by Mr. Gary J. Giovanelli, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $137,200.00 REGIONAL ENVIRONMENTAL SERVICES, INC. 526 West Chicago Avenue East Chicago, Indiana 46312 Bid was signed by Ms. Mary Anne McArdle, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $122,000.00 Add $11,814.00 for work on main dome area if the surface is roughened per Addendum 1. Will reopen access port to boiler room to facilitate material removal through alley. Concrete will be returned to as is. AIR MANAGEMENT TECHNIQUES, INC. 116 North Madison Street Muncie, Indiana 47305 Bid was signed by Mr. Lennie D. Lowe, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $148,525.00 ENVIRONMENT TECHNOLOGY CONSTRUCTING CORPORATION Post Office Box 5513 Fort Wayne, Indiana 46895 Bid was signed by Mr. Donald J. Korte, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 062 REGULAR MEETING BID: $163,000.00 Pipe insulation less than 6" Pipe insulation more than 6" Pipe fittings less than 6" Pipe fittings more than 6" Spray -on insulation Floor tile and mastic Plaster removal Tank/Vessel insulation $12.50 per linear foot $22.50 per linear foot $12.50 per fitting $22.50 per fitting $10.00 per square foot $ 3.00 per square foot $10.00 per square foot $20.00 per square foot MARCH 2. 1998 Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS MISCELLANEOUS 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. The following bids were opened and publicly read: GATES CHEVROLET CORPORATION 401 South Lafayette South Bend, Indiana 46601 Bid was signed by Mr. Dave Holland, Fleet Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted n Quantity Description Net Price Total Five (5) More or Less 1997 Chevrolet Mid -size 4-Door $11,700.00 $ 58, 500.00 Sedan Seventeen (17) More 1997 Chevrolet Compact 4-Door $ 9,650.00 $164,050.00 or Less Sedan Seven (7) More or 1998 Chevrolet 3/4 T 2WD Pickup $17,280.00 $120,960.00 Less One (1) More or Less 1998 Chevrolet 4-Door 4" Utility $15,035.00 $ 15,035.00 Seven (7) More or 1998 Chevrolet 3/4T 4" Pickup $19,210.00 $134,470.00 Less Two (2) More or less 1998 Chevrolet 1 Ton 2WD $16,436.00 $ 32,872.00 Cab/Chassis Two (2) More or Less 1998 Chevrolet HD 15,000 GVW $22,085.00 $ 44,170.00 Chassis/Cab One (1) More or Less 1998 Chevrolet 3/4T Full-size 8 $21,612.00 $ 21,612.00 Passenger Van WHITEFORD FORD TRUCKS, INC. 4707 Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Rich Stopczynski Non -Collusion Affidavit was in order I C� u 063 J 1 E REGULAR MEETING MARCH 2. 1998 Non -Discrimination Commitment form was completed Ten percent (10%) Bid Bond was submitted BID: Quantity Description Unit Price Total Seven (7) 1999 Ford F250 3/4T Pickup Truck $18,345.00 $128,415.00 OPTION: Cloth Bench Seat $ 131.00 $ 917.00 OPTION: Air Conditioning $ 660.00 $ 4,620.00 WHITEFORD FORD TRUCKS, INC. 4707 Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Rich Stopczynski Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted MAID Quantity Description Unit Price Total Seven (7) 1999 Ford F250 3/4T Pickup Truck $20,885.00 $146,195.00 OPTION: 7'/z ft. Western Plow $ 2,360.00 $ 16,520.00 OPTION: Air Conditioning $ 660.00 $ 4,620.00 OPTION: Cloth Bench Seat $ 131.00 $ 917.00 WHITEFORD FORD TRUCKS_ INC 4707 Western Avenue South Bend, Indiana 46619 Bid was signed by Mr. Rich Stopczynski Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted I: 1D Quantity Description . Unit Price Total Two (2) 1999 Ford F350 One Ton Cab & Chassis $18,900.00 $ 37,800.00 OPTION: Cloth Bench Seat $ 131.00 $ 1,320.00 OPTION: Air Conditioning $ 660.00 $ 262.00 WHITEFORD FORD TRUCKS INC. 4707 Western Avenue South Bend, Indiana 46619 REGULAR MEETING Bid was signed by Mr. Rich Stopczynski Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted Ma MARCH 2, 1998 Quantity Description Unit Price Total Two (2) 1999 Ford F450 15,000 GVW Cab and Chassis $27,675.00 $55,350.00 OPTION: Air Conditioning $ 660.00 [$41,320.00 PINE`CHEVROLET-OLDSMOBILE, INC. 1522 East Lincolnway LaPorte, Indiana 46350 Bid was signed by Mr. Paul Pumroy Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted I: 9 Quantity Description Unit Price Total Bid B 1997 Chevrolet Lumina $12,465.00 $ 62,325.00 Bid C 1997 Chevrolet Cavalier 4-Door $ 9,470.00 $160,990.00 Bid D 1998 Chevrolet CC20903 Regular $16,646.20 $116,523.40 Cab Pickup w/Chevy Bid Assistance Bid D 1998 Chevrolet CC20903 Regular $17,046.20 $119,323.40 Cab Pick Up with Normal Fleet & Tool Box Package Bid D - Air Conditioning $ 660.10 OPTIONAL Bid E 1998 Chevrolet CT10506 Blazer 4- $11,922.00 Door Bid E- Aluminum Wheels $ 249.60 OPTIONAL Bid F 1998.Chevrolet CK20903 Regular $18,446.63 cab Pickup 4X4 - Snow Plow Truck Bid F Four units for Snow Plows $73,786.52 Bid F Unit Price for NON Snow Plow $19,346.93 Truck Bid F Three Units Not for Plowing $58,039.89 Bid J Two (2) 1998 Chevrolet CC30903 $16,086.01 $32,172.02 Regular Cab, Cab & Chassis 11 1 065 j 1 1 REGULAR MEETING MARCH 2, 1998 Bid L 1998 Chevrolet CC31003 HD 3500 $21,896.01 Cab/Chassis Bid L 1998 Chevrolet CC31403 HD 3500 $22,026.01 Cab/Chassis Bid L - Air Conditioning $ 660.10 OPTIONAL BID L - Delete Rear Fuel Tank -$246.00 OPTIONAL Bid N One (1) 1998 Chevrolet CG31406 $20,772.03 $20,772.03 Express Passenger Van Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the above bids were referred to Equipment Services for review and recommendation. OPENING OF BIDS - ONE (1) MORE OR LESS 1,500 GPM PUMPER 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 bids were opened and publicly read: PIERCE MANUFACTURING, INC. 2600 American Drive Appleton, Wisconsin 54915 Bid was signed by Mr. Lloyd A. De Wald, Vice President Marketing/Sales Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $244,629.00 Deduct $3,410.00 if chassis portion is paid ninety (90) days prior to completion. 5 ALARM FIRE & EQUIPMENT, INC. 704 Oak Street, P.O. Box 48 Fort Atkinson, Wisconsin Bid was signed by Mr. Jerry A. Laudawski Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted I - Ma Description Total Price Radio and Intercom NO BID 1000' Alarm Hose $6,000.00 1000' 5-Alarm Hose $5,300.00 30' 5-Alarm Hose $ 385.00 Kochek Male $ 97.00 Kochek Swivel, Female $ 109.00 Elkhart Manifold w/relief & gauge $1,13 5.00 REGULAR MEETING Elkhart Brass Piston Intake/Relief $1,210.00 Hose Roller $ 180.00 Kochek Mounting Brackets $ 90.00 Kochek Wrenches/Holder $ 56.16 1,200 5-Alarm Supreme Hose $3,944.00 Univent w/depth Gauge/Chain & Case $1,450.00 Hooligan Tool w/bracket $ 175.00 Elkhart Bypass Eductor $ 700.00 Pike Poles NO BID Two (2) Pickhead Axes w/holders/covers $ 160.00 HKP Fireman's Cutter NO BID Elkhart Hose Clamp $ 295.75 Two (2) Streamlight SL-40 Lights $ 180.00 20# Extinguisher NO BID 15# Extinguisher NO BID `Three (3) Elkhart STSM-20FG $1,587.00 Four (4) Elkhart Pistol Grips w/shutoffs $2,180.00 Elkhart Ball Shut-off $ 235.00 Three (3) Elkhart B-100A $ 552.00 . Elkhart Wye $ 161.00 2,200' 5-Alarm Double Jacket Red Hose $4,389.00 Elkhart Nozzle $ 405.00 Elkhart Tip (Brass) $ 108.00 Two (2) caps NPSH Thread $ 27.60 Two (2) Double Male NPSH $ 18.00 Two (2) Double Female NPSH $ 33.50 Two (2) Male NPSH Female NH $ 24.80 Two 92) Male NH Female NPSH $ 24.80 Two (2) Female NH NPSH Male $ 24.80 Akron Hose Jacket 3" $ 464.00 Akron Mounting Peg $ 75.20 Skull Saver Red $ 64.00 Three (3) Hurst Maverick Tools $12,300.00 MARCH 2. 1998 Ll 1 1 067 1 REGULAR MEETING MARCH 2, 1998 Hurst AC Simo Pump $ 6,800.00 Trade -In Allowance on American Pump (-$2,000.00) Hurst Telescopic Ram $ 2, 511.00 Hurst Rabbit Tool $ 1,300.00 Hurst Mini -Cutter $ 965.00 Hurst Attachment Kit $ 800.00 TOTAL $56,516.61 Minus Trade-In -$2,000.00 GRAND TOTAL $54,516.61 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to the Fire Department for review and recommendation. OPENING OF BIDS - SALE OF TWO (2) SLURRY SEAL MACHINES This was the date set for receiving and opening of sealed bids for the above referred to items. 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: PAVEMENT MAINTENANCE SYSTEMS, INC. 384 Industrial parkway Imlay City, Michigan 48444 BID: $5,000.00 for both pieces PAVEMENT RESTORATION OF MICHIGAN INC 8130 Contigo Terr. Kalamazoo, Michigan 49009 BID: $12,750.00 for both pieces Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to Equipment Services for review and recommendation. AWARD BID - MIAMI ROAD SANITARY SEWER - PROJECT NO. 94-68 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on November 14,1997, 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 Youngs Excavating, 50563 Dusty Trail, Granger, Indiana in the amount of $240,925.85. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which carried. AWARD BID - FIFTY (50) GOLF CARTS Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on January 12, 1998, bids were received and opened for the abov; referred to items. After reviewing those bids, Mr. Littrell recommends that the Board award the contract to Professional Golf Cart, Highway 37 Bypass, Bloomington, Indiana, in tie amount -of $107,900.00. Funding for the golf carts will come from the Park Department Capital Fund. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion which carried. REGULAR MEETING MARCH 2, 1998 APPROVE CONSTRUCTION CONTRACT - BROADWAY STREET SIDEWALK AND CURB REPAIRS - PROJECT NO. 97-102 Mr. Caldwell advised that in accordance with the bid awarded on January 5, 1998, to L.L. Geans, Inc., 1923 North Home Street, Mishawaka, Indiana, in the amount of $40,641.86 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. PROPOSAL TABLED = MARKETING STRATEGY Upon a motion made by Mr. Caldwell, seconded by Mr, Littrell and carried, the Agreement was tabled. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA - CAST IN PLACE 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; Hagerman Construction, Box 1b690, Fort Wayne, Indiana; and Key Bank, Elkhart, Indiana, for the above referred to project. Mr. Caldwell noted that this portion of the project was award on April 29, 1997, in the amount of $1,077,00.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Escrow Agreement was approved and executed. APPROVAL OF AGREEMENT - INTERIM TELECOMMUNICATIONS PERMIT Mr. Caldwell stated that the Board is in receipt of an Agreement between the City of South Bend and U.S. Xchange, 20 Monroe Avenue, Grand Rapids, Michigan, for a permit to install telecommunications facilities, including a fiber optic ring, within public rights -of -way in the City, and to construct and operate a telecommunications system in order to offer local and long distance telephone service to South Bend residents. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVAL OF TRIPLE TRAILER PERMIT -YELLOW FREIGHT SYSTEMS, _INC. Mr. Caldwell stated that a Triple Trailer Permit has been submitted to the Board for approval, -on behalf of Yellow Freight System, Inc., 1300 South Walnut Street, South Bend, Indiana, for ingress and egress from the Toll Road, on the route as submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the Permit was approved. ADOPT RESOLUTION NO.22-1998 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 22-1998 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 THOUSAND SEVEN HUNDRED (1,700) GOLD THEATER SEATS MORRIS CIVIC AUDITORIUM 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 they were intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works ofthe 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). 1 1 REGULAR MEETING MARCH 2. 1998 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 2nd day of March, 1998. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 23-1998 - ACQUISITION OF REAL PROPERTY Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works. RESOLUTION NO. 23-1998 RESOLUTION RELATING TO ACQUISITION OF REAL PROPERTY WHEREAS, it is deemed necessary by the City of South Bend to acquire unencumbered fee title to the following real estate for the purpose of widening Ironwood Drive located in the City of South Bend, Indiana: A part of the Northeast Quarter of Section 19, Township 37 North, Range 3 East, St. Joseph County, Indiana, described as follows: Commencing at the northeast corner of the Northeast Quarter of the Southeast Quarter of the Northeast Quarter of said section; thence South 0 degrees 05 minutes 20 seconds West 198.00 feet along the east line of said quarter section; thence North 89 degrees 53 minutes 10 seconds West 20.00 feet to the west boundary of Ironwood Drive and the point of beginning of this description; thence South 0 degrees 05 minutes 20 seconds West 462.58 feet along said west boundary to the prolonged north line of Twyckenham Hills Section "J" Subdivision; thence North 89 degrees 17 minutes 25 seconds West 25.00 feet along said prolonged north line; thence North 4 degrees 49 minutes 35 seconds West 116.71 feet; thence North 0 degrees 05 minutes 20 seconds East 100.00 feet; thence North 5 degrees 47 minutes 58 seconds East 100.50 feet; thence North 3 degrees 20 minutes 41 seconds West 250.45 feet; thence North 11 degrees 23 minutes 56 seconds East 50.99 feet; thence North 0 degrees 05 minutes 20 seconds East 250.00 feet; thence North 5 degrees 47 minutes 58 seconds East 50.25 feet; thence North 0 degrees 05 minutes 20 seconds East 8.04 feet to the north line of the Owner's land; thence South 89 degrees 53 minutes 10 seconds East 25.00 feet along said north line to the west boundary of Ironwood Drive; thence South 0 degrees 05 minutes 20 seconds West 462.00 feet along said west boundary to the point of beginning and containing 0.665 acres, more or less. (hereinafter, "Real Estate") WHEREAS, the Board of Public Works previously retained the services of Roy Buskirk to facilitate the acquisition of right-of-way necessary to construct the project; and WHEREAS, purchase offers have been extended for the property necessary to construct the project between Ewing and Randolph; and 070 REGULAR MEETING MARCH 2, 1998 WHEREAS, the offer to purchase the aforementioned Real Estate has been rejected. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that: 1. All actions taken pursuant to the agreement between the City of South Bend and Roy Buskirk, including but not limited to the extension of offers to purchase real property, discussions concerning the same, and real property acquisitions are hereby ratified. 2. The Board's attorney is authorized and directed to file a complaint in the name of the City of South Bend, Indiana, in order that appraisers be appointed to establish the value of the real estate, and all other necessary and proper actions be taken to accomplish the taking by eminent domain pursuant to law. Adopted this 2nd day of March, 1998. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 24-1998 -_ ADOPTING A WRITTEN FISCAL. PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (FISKARS ANNEXATION) Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Planning Department, was present, and stated that this is a voluntary annexation including approximately two (2) acres on the south side of Brick Road. RESOLUTION NO. 24-1998 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 SERVICE$ TO AN ANNEXED AREA IN GERMAN TOWNSHIP (FISKARS 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 WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners, consists of approximately 1.8 acres currently vacant, burproposed to be developed into a small office complex. It is generally located on the south side of Brick Road approximately 250' east of the New Cleveland Road Extension, with approximately 57% 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 sewer and water 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 1 �I 1 071 REGULAR MEETING MARCH 2 1998 boundaries, and services of a capital improvement nature including sewer and water 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 of 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 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. 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 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 the 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. That 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 this 2nd day of March, 1998. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 27-1998 - ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (KIDDERS ANNEXATION) Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Planning Department, was present and stated that this is a voluntary annexation of approximately twenty-two (22) acres on the northwest corner of Cleveland and Olive Roads. RESOLUTION NO. 27-1998 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND 072 REGULAR MEETING MARCH 2, 1998 ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (KIDDER 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 WHEREAS, the territory proposed to be voluntarily annexed by more than 51% of the owners of such annexed land, consists of approximately 21.86 +/- acres currently vacant, but proposed to be developed for two offices/warehousing facilities. It is located at the Northwest Corner of Olive Road & Cleveland Road with more than 1/8 of its aggregate external boundaries contiguous with the present boundaries of the City of South Bend, i.e., roughly 22% contiguous. 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 sewer facilities, water facilities and storm water 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 sewer facilities, and storm water drainage facilities to be furnished to the territory to be annexed; (2) the merhod(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 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; (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, and that they will be provided in 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 of 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 of 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. 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 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 as provided by the City to other areas of the City regardless of similar topography, patterns of land use, or population density; and to furnish to said territory services of a capital improvement nature, such as sewer facilities, and storm 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 and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That 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. 073 REGULAR MEETING MARCH 2, 1998 Adopted this 2nd day of March, 1998. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 28-1998 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 28-1998 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, .and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, George Witucki and Leslie Williamson have retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that they have retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the fire helmets previously worn by these Firefighters are of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmets worn by these Firefighters are no longer needed by the City and unfit for the purpose for which they were intended and have an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 2nd day of March, 1998. BOARD OF PUBLIC WORKS s/James R. Caldwell, President s/Carl P. Littrell, Member 074 REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk MARCH 2, 1998 APPROVAL OF RECOMMENDATION - TO PROVIDE POLICE ESCORT SCHUYLER COLFAX SERVICES Mr. Caldwell 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 Col. Paul T. Kunz, 56060 Currant Road, Mishawaka, Indiana, requesting a police escort for a procession of autos to be escorted to the City Cemetery for services to honor Schuyler Colfax, on Sunday, May 17, 1998, beginning at 2:30 p.m., on the designated route as submitted. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF LICENSE APPLICATION - RUBBISH AND GARBAGE REMOVAL SERVICE Mr. Caldwell stated that the Board is in receipt of favorable recommendations from the Department of Code Enforcement and the Bureau of Sanitation for a License Application for a Rubbish and Garbage Removal Service, as submitted by Mr. Sylvester Mullins, 115 Cherry Street, South Bend, Indiana. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the License Application was approved. APPROVE LICENSE APPLICATION - SECOND HAND STORE DEALER Mr. Caldwell ;stated that the following secondhand dealers license application has been received: Fidencio Bueno Mason's Heating, 118 East Sample Sale of used A/C & Appliance appliances Mr. Caldwell further advised that favorable recommendations have been received from the Department of Code Enforcement, Police Department and Fire Department concerning the above application. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance of a license. APPROVE LICENSE APPLICATION - MASSAGE ESTABLISHMENT Mr. Caldwell stated that the following massage establishment license application has been received: Elizabeth Anne Cecil 117 '/z N. Main Street Provide professional therapeutic massage. Mr. Caldwell further advised that favorable recommendations have been received from the Building Department, Department of Code Enforcement, Police Department and Fire Department concerning the above application. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance of a license. APPROVAL OF RECOMMENDATION - TO CONDUCT SUNBURST MARATHON 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. Mark Chambers, Memorial Hospital, 615 North Michigan, South Bend, Indiana to conduct the above referred to marathon, on Saturday, June 6, 1998, beginning at 7:00 a.m., on the designated route as submitted. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVE RECOMMENDATION TO CONDUCT WALKAMERICA- MARCH OF DIMES Mr. Caldwell advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board by Mr. Tom Gerard, March of Dimes, South Bend, Indiana, for Saturday, April 25, 1998, on the designated route as submitted. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the request be approved. Mr. Caldwell seconded the motion which carried. 1 F-� 0751 1 REGULAR MEETING MARCH 2, 1998 APPROVAL OF REQUEST TO ADVERTISE 'FOR THE RECEIPT OF BIDS - INTERIOR/EXTERIOR/TRAFFIC PAINT In a memorandum to the Board, Mr. George Zana, Purchasing, requested permission to advertise for the receipt of bids for the above referred to items. Mr. Zana stated that funding will come from each department's budget. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - DRY POLYMER FLOCCULENT In a memorandum to the Board, Mr. Robert Toppel, Environmental Services, requested permission to advertise for the receipt of bids for the above referred to items. Mr. Toppel stated that funding will come from sewage works. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CHLORINE AND SULFUR DIOXIDE - WASTEWATER TREATMENT PLANT In a memorandum to the Board, Mr. Robert Toppel, Environmental Services, requested permission to advertise for the receipt of bids for the above referred to items. Mr. Toppel stated that funding for these items will come from the sewage works. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the request to advertise for the receipt of bids was approved. APPROVE REQUEST_ TO REJECT BIDS AND READVERTISE - SALE OF SELF-CONTAINED BREATHING APPARATUS In a letter to the Board, Fire Chief Luther Taylor requested permission to reject the bids for the sale of the above referred to equipment, and to readvertise the items for sale. Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the request 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 Asokendu and Runa Mozunder. 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 17335 Willowbrook Drive, South Bend, Indiana, South Bend, Indiana, (Key # 02-2023-054412), the Mazunder'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. Littrell made a motion that the Consent be approved. Mr. Caldwell seconded the motion which carried. 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 Ms. Sandra E. Miller. 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 17311 Willowbrook drive, South Bend, Indiana, South Bend, Indiana, (Key # 02-2023-054402), Ms. Miller waives and releases 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. Caldwell made a motion that the Consent be approved. Mr. Littrell seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the following traffic control devices were approved: New Installation - No 1900 block of Fellows, west Construction crews from Parking, Tow Zone side, south of Calvert Riley High School causing traffic hazard, sight distance, requested by Police Department New Installation - Handicap 1646 N. Olive Mr. Smith has met all Sign requirements 076 REGULAR MEETING MARCH 2, 4998 New Installation- Handicap 745 S. Kaley Ms. Jones has met all Sign requirements New Installation - Handicap 2906 Elwood Avenue Ms. Barker has met all Sign requirements New Installation - Handicap 834 South 36th Mr. Hiesch has met all Sign requirements APPROVE/RELEASE OF CONTRACTOR/DEMOLITION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Bonds be released and/or approved as follows: BOND. OF CONTRACTOR DEMOLITION BOND WMCR Corporation CONTRACTOR BOND C&S Services, Inc. Released March 2, 1998 Approved Retroactive to February 27, 1998 Mr. Littrell made a motion that the recommendation be accepted and that the Bonds be released and/or approved as outlined above. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $674,724.02 dated March 2, 1998 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $192,231.47 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the meeting adjourned at 10:20 a.m. BOARD OF PUBLIC WORKS James R. aldwell, President Carl P. Littrell, Member therine Roemer, Mel er AT EST: Angela K. Ucob, ClerkV 1 1