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HomeMy WebLinkAbout04/21/97 Board of Public Works Minutes6 REGULAR MEETING APRIL 21, 1997 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, April 21, 1997, by Board Member James R. Caldwell, with Board Member Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Anne Bruneel. AGENDA ITEMS ADDED Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following items were added to the agenda: Award of Bids; Opening of Quotations; Resolution Nos. 26-1997 and 27- 1997; and a Grant of Temporary Easement. 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 April 14, 1997, were approved. OPENING/AWARD OF QUOTATIONS - SOUTH BEND PARKING STRUCTURE NO. 2 - LEVEL 6E/6W AND 4W REPAIRS - PROJECT NO. 96-76A Mr. Caldwell advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotation was opened and read: KASER SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 South Bend, Indiana 46619 Quotation was submitted by Mr. Gary L. Spraker QUOTATION: $30,240.00 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above Quotation was referred to the Divisionof Engineering for review and recommendation. Mr. Littrell reviewed the quotation, and recommended it be awarded to Kaser-Spraker Construction, Inc., in the amount of $30,240.00. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the recommendation was approved. AWARD BID - NINE (9) DUMP TRUCKS Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on March 31, 1997, bids were received and opened for the above referred to trucks. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to Whiteford Ford Trucks, Inc., 4707 Western Avenue, South Bend, Indiana, in the amount of $570,390.00, as follows: Whiteford Trucks 5-LT8501 S/A Trucks/Sherer $302,950.00 5-LT8501 T/A Trucks/Sherer $291,240.00 Nine (9) Trucks Sub Total $594,190.00 Nine (9) Trade -Ins $ 23,800.00 Net $570,390.00 Under the heading tires and wheels IIR225/14 ply tubeless radial tires are specified. Wise International bid 10.00X20/14 ply tube type bias ply tires. These are a less expensive tire and do not last as long as the Radial tires. These tires are not interchangeable with our spare tires, and cost much more to repair when they go flat. Wise also took exception to the 180 day delivery date and liquidated damages of $50.00 a day thereafter. Specifications clearly state in bold that NO EXCEPTIONS will be accepted on delivery. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Ms. Roemer seconded the motion which carried. ADOPT RESOLUTION NO. 25-1997 - ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING APRIL 21, 1997 RESOLUTION NO. 25-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMI HSSION WHEREAS, the City of South Bend, Indiana, Department of Redevelopment ("Redevelopment") is the owner of the certain real property situated in St. Joseph County, Indiana and being more particularly described as Exhibit "A," hereto (hereinafter referred to as the "Real Property"); and WHEREAS, the City of South Bend, Indiana (City), acting by and through the Board of Public Works, hereby expresses its desire to acquire Real Property from the Redevelopment; and WHEREAS, the Redevelopment is desirous of transferring the Real Property to the City; and WHEREAS, pursuant to I.C. 36-1-11-8, the South Bend Redevelopment Commission (the "Commission") is the governing body of the City of South Bend, Department of Redevelopment, and, pursuant to I.C. 36-7-14-12.2 and I.C. 36-1-11-8 may dispose of the Real Property; and WHEREAS, pursuant to I.C. 36-1-11-8, Redevelopment, acting by and through the Commission, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and more particularly described at Exhibit "A," hereto, by the City of South Bend, Department of Redevelopment to the Board of Public Works of the City of South Bend, Indiana, shall be, and hereby is, accepted, subject to the adoption of a resolution by the South Bend Redevelopment Commission, substantially identical in its terms and conditions to this resolution. 2. That upon receipt of fully executed quitclaim deed(s) to the Real Property from the Commission, the Clerk of the Board of Public Works of the City of South Bend, Indiana is hereby authorized and directed to cause the recording of said quitclaim deed(s) in the Office of the St. Joseph County Recorder. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 21, 1997, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. ATTEST: s/Angela K. Jacob, Clerk CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/James R. Caldwell, Member s/Carl Littrell, Member s/M. Catherine Roemer, Member REGULAR MEETING APRIL 21, 1997 ADOPT RESOLUTION NO. 26-1997 - ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by I& Littrell, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 26-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana, Department of Redevelopment ("Redevelopment") is the owner of the certain real property situated in St. Joseph County, Indiana and being more particularly described as Exhibit "A," hereto (hereinafter referred to as the "Real Property"); and WHEREAS, the City of South Bend, Indiana (City), acting by and through the Board of Public Works, hereby expresses its desire to acquire Real Property from the Redevelopment; and WHEREAS, Redevelopment is desirous of transferring the Real Property to the City; and WHEREAS, pursuant to I.C. 36-1-11-8, the South Bend Redevelopment Commission (the "Commission") is the governing body of the City of South Bend, Department of Redevelopment, and, pursuant to I.C. 36-7-14-12.2 and I.C. 36-1-11-8 may dispose of the Real Property; and WHEREAS, pursuant to I.C. 36-1-11-8, Redevelopment, acting by and through the Commission, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and more particularly described at Exhibit "A," hereto, by the City of South Bend, Department of Redevelopment to the City of South Bend, Indiana, shall be, and hereby is, accepted, subject to the adoption of a resolution by the South Bend Redevelopment Commission, substantially identical in its terms and conditions to this resolution. 2. That upon receipt of fully executed quitclaim deed(s) to the Real Property from the Commission, the Clerk of the Board of Public Works of the City of South Bend, Indiana is hereby authorized and directed to cause the recording of said quitclaim deed(s) in the Office of the St. Joseph County Recorder. 3. That this Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 21, 1997, 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, Member s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: 3-29 REGULAR MEETING APRIL 21, 1997 s/Angela K. Jacob, Clerk E,NMIT A Lot Numbered Seventy-two (72) as shown on the recorded Plat of Haney's Addition to the City of South Bend, Indiana, recorded May 5, 1892, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 13. Commonly known as 239 Broadway, Key No. 18-7025-0989; A part of Lot Numbered Seventy-three (73) as shown on the recorded Plat of Haney's Addition to the City of South Bend, recorded May 5, 1892, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 13, which part is described as beginning on the East line of said lot at a point Fifty-three (53) feet South of the Northeast corner of said lot; running thence South on said East line of distance of One Hundred (100) feet to the Southeast corner of said lot; thence West Forty (40) feet to the Southwest corner of said lot; thence North One Hundred (100) feet; thence East Forty (40) feet to the place of beginning, in St. Joseph County, Indiana. Commonly known as 241 Broadway, Key No. 18-7025-098801; A part of Lot Numbered Seventy-three (73) as shown on the recorded Plat of Haney's Addition to the City of South Bend, recorded May 5, 1892, in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 13, which part is described as follows: Beginning at the Northeast corner of said Lot Seventy-three (73); thence South on the West line of Carroll Street Fifty-three (53) feet; thence West Forty (40) feet; thence North on the West line of said lot Seventy-three (73) Fifty-three (53) feet; thence East on the North line of said lot Forty (40) feet to the place of beginning, in St. Joseph County, Indiana. Commonly known as 1315 Carroll Street, Key No. 18-7025-0988; and ADOPT RESOLUTION NO. 27-1997 - ESTABLISHING ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, ITS INTENT TO REIMBURSE CERTAIN PRELIMINARY COSTS FROM THE PROCEEDS OF SAID BONDS 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. 27-1997 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, ESTABLISHING ON BEHALF OF THE CITY OF SOUTH BEND, INDIANA, ITS INTENT TO REIMBURSE CERTAIN PRELIMINARY COSTS FROM THE PROCEEDS OF SAID BONDS WHEREAS, the City of South Bend, Indiana (the "City"), intends to issue its county economic development income tax revenue bonds (the "Bonds") for the purpose of providing funds to provide for the construction and equipping of a parking garage to be located at the northwest corner of Michigan and Jefferson Streets and extending along Michigan Street which will include approximately Six Hundred Eighty (680) spaces for parking above and below ground and approximately Eleven Thousand (11,000) square feet of retail space fronting Michigan Street, the construction of improvements to the surface parking lot located at the southwest corner of Michigan and Washington Streets, and the construction of public improvements including sidewalks and a public plaza in the block bounded by Michigan, Washington, Main and Jefferson Streets (the "Project"); and WHEREAS, certain preliminary costs in financing the Project, have been or will be incurred by or on behalf of the City prior to the issuance and delivery of the Bonds; and WHEREAS, the City reasonably expects to reimburse such preliminary costs of the Project with proceeds of the Bonds; and 130 REGULAR MEETING APRIL 21, 1997 WHEREAS, the City expects that any such Bonds will be issued in an aggregate principal amount not to exceed Eleven Million Nine Hundred Sixty Thousand and 00/100 Dollars ($11,960,000.00) and WHEREAS, Board desires to declare the official intent of the City, pursuant to I.C. 5-1-14- 6(b) and 1.150-2 of the Treasury Regulations promulgated by the Internal Revenue Service (the "Treasury Regulations"), that said preliminary costs be reimbursed from the proceeds of the Bonds; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, as follows: 1. The Board hereby declares the official intent of the City, pursuant to I.C. 5-1-14-6(b) and 1.150-2 of the Treasury Regulations, that preliminary costs be incurred by or on behalf of the City in financing the construction of the Project be reimbursed from the proceeds of the Bonds. 2. This resolution shall be in fullforce and effect from and after its adoption by the Board. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held on April 21, 1997, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana. BOARD OF PUBLIC WORKS s/Carl P. Littrell, Member s/James R. Caldwell, Member s/M. Catherine Roemer ATTEST: s/Angela J. Jacob, Clerk APPROVAL OF GRANT OF TEMPORARY EASEMENT Upon a motion made by Mr. Caldwell, seconded by the Ms. Roemer and carried a Grant of Temporary Easement for the railroad salvage building on Carroll Street was approved APPROVE CONTRACT FOR SALE OF LAND FOR PRIVATE DEVELOPMENT Mr. Caldwell advised that the Board is in receipt of a Contract for the sale of land between the City of South Bend, and Memorial Health Systems by and through the Board of Public Works, to construct the Urban Care Center. Therefore, upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Contract was approved and executed. APPROVAL OF EASEMENT - AMERITECH Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried a Non -Exclusive Easement with Ameritech was approved for an easement on Keasey Street for ingress and egress across said property, as submitted. APPROVE CHANGE ORDER - SAMPLE-EWING REDEVELOPMENT AREA - SITE CLEARANCE PHASE II - PROJECT NO. 96-15-3 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Torok Excavating and Demolition, 54195 North Burdette Road, South Bend, Indiana, indicating that the Contract amount be increased $3,705.75 for a new Contract sum including this Change Order in the amount of $28,375.75. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CONSTRUCTION CONTRACT - 1997 GOOD NEIGHBORHS/GOOD NEIGHBORHOODS PUBLIC WORKS PROGRAM - ZONES 11C AND 11D - PROJECT NO 97-19 Mr. Caldwell advised that in accordance with the bid awarded on March 31, 1997, to Rieth Riley Construction Co., Post Office Box 1775, South Bend, Indiana, in the amount of $111,172.50 for 131 1 REGULAR MEETING APRIL 21, 1997 Zones I IC and 11D 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 Ms. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - CENTURY CENTER CONDUIT - PROJECT NO. 97-48 Mr. Caldwell advised that in accordance with the bid awarded on April 10, 1997, to Direct Line Communications, Inc., Post Office Box 418, Granger, Indiana, in the amount of $902.72 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. APPROVE COMMUNITY DEVELOPMENT ADDENDA The following Community Development Addenda were presented to the Board for approval: Planning & Neighborhood Addendum I Adds $7,000 to the 1997 Development Contract Family & Children's Center Addendum I Adds $20,00 to 1997 Contract - Sprinkler and Landscaping Activity Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the above referred to Addenda was approved and executed. APPROVE PROPOSAL - SANITARY SEWER EXTENSION - EDISON ROAD AND LARRISON BOULEVARD - PROJECT NO. 96-26 Mr. Caldwell advised that the Board is in receipt of a Proposal for professional engineering services between the City of South Bend, and Ken Herceg & Associates, Inc., 211 West Washington, South Bend, Indiana by and through the Board of Public Works. It is noted that this Contract is in the amount of $63,700.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Proposal was approved and executed. 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. Marilyn Bayman. 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 51245 Lilac Road, South Bend, Indiana, (Key # 02-2016-0330), Ms. Bayman 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. APPROVAL OF DEEDS OF DEDICATION Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Deeds of Dedications were approved by the Board: Property Owner Address/Kev Number Purpose Thomas Andre Williams Key No. 18-8154-5535 Easement for storm and 2902 Locust Road sanitary sewer Harlan and Diane Bourdon Key No. 18-8153-5527 Easement for storm and 2731 Locust Road sanitary sewer 132 REGULAR MEETING APRIL 21, 1997 APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Kathy Dempsey, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately eighteen (18) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - COMPUTERS - DEPARTMENT OF RECREATION In a memorandum to the Board, Mr. Milford Hutsell, Information Services, requested permission to advertise for the receipt of bids for the above referred to equipment. Mr. Hutsell stated that these computers will be used for summer youth activities. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Caldwell and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - TEEN CHALLENGE PRODUCTIONS 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 Mr. David Weil, Teen Challenge Productions, Post Office Box 6295, Bloomington, Indiana to close Riverside Drive between Navarre and St. Joseph, for filming of a mock accident for school assemblies on Monday, April 28, 1997 from 8:00 a.m. until 4:00 p.m. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above recommendation was approved, subject to the filing of an Indemnification and Hold Harmless Agreement and a Certificate of Insurance. APPROVAL OF RECOMMENDATION - TO CLOSE STREET - ICE CREAM SOCIAL 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 Ms. Elizabeth Eldon, Madison Elementary P.T.O to close Park Lane from Lafayette to Main Street, on Friday, May 16, 1997, from 5:00 p.m. until 7:00 p.m., in conjunction with their Ice Cream Social. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the above recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT SHRINE CLUB CIRCUS Mr. Caldwell stated that favorable recommendations have been received by the Division of Engineering, Code Enforcement, Fire Department, Bulding Department, Police Department and the City Attorney's office, in reference to a request as submitted by the South Bend Shrine Club, 430 North Main Street, South Bend, Indiana to conduct the above referred to circus, on May 30 and 31, 1997, from 10:00 a.m. until 9:30 p.m., at the 4H Fairgrounds. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT TOOTSIE ROLL DRIVE - KNIGHTS OF COLUMBUS 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 Mr. Martin J. Moorman, 60155 Ruby Street, South Bend, Indiana to conduct the above referred to Tootsie Roll Drive at the locations as submitted, on May 9 and 10 and May 23 and 24, 1997. Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above recommendation was approved. APPROVAL OF LICENSE APPLICATION FOR RUBBISH AND GARBAGE REMOVAL SERVICE Mr. Caldwell stated that the Board is in receipt of favorable recommendations from the Department of Code Enforcement for a License Application for Rubbish and Garbage Removal Service, as submitted by Mr. Sylvester Mullins, 115 Cherry Street, South Bend, Indiana. In addition, the Bureau of Sanitation has inspected the vehicle(s) to be used in conjunction with this business, and has approved them. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the License Application was approved. 1 1 133 REGULAR MEETING APRIL 21, 1997 APPROVE LICENSE APPLICATION - PUBLIC PARKING FACILITY Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following license application was approved: Center City Associates 400 Block of South Main Street The above licence application was approved and referred to the Deputy Controller's Office for issuance of a license. It was noted that the required Proof of Insurance as well as the hours and rates to be charged was attached to the application. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the following traffic control device was approved: New Installation - Handicap 807 South 35th Ms. Carmack has met all the Sign requirements 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: Geyer Construction & Development Co., Inc. 67450 U.S. 31 South Post Office Box 229 Lakeville, Indiana 46536 APPROVE CLAIMS Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $113,132.50 and recommended approval. Mr. Littrell made a motion that the claims be approved and the reports as submitted be filed. Mr. Caldwell 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 Ms. Roemer and carried, the meeting adjourned at 9:53 a.m. BOARD OF PUBLIC WORKS Carl P. Littrell, Member James R. - aldwell, Member M. atherine Roemer, Merber T . ST: Angela I . Jacob, Clep c