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Home My WebLink About07/28/97 Board of Public Works Minutes304 REGULAR MEETING JULY 28, 1997 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, July 28, 1997, by Board Member Mr. Carl P. Littrell, with Ms. M. Catherine Roemer present. Board Member James R. Caldwell was not present. Also present was Board Attorney Michelle Engel. AGENDA ITEMS ADDED Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, Resolution No. 61-1997 and a Deed of Dedication were added to the agenda. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - FIESTA MICHIANA `97 Mr. Littrell advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Mr. Zulma Prieta, La Casa De Amistad, Inc., 746 South Meade Street, South Bend, Indiana, for Fiesta Michiana `97, to be conducted on August 31, 1997, in front of the Morris Civic Plaza. Ms. Eva Sanchez, La Casa De Amistad, was present, and stated that the date of the Fiesta has been changed to August 31, 1997, at the City's request, and recommended approval. 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. Littrell, seconded by Ms. Roemer and carried, the Application for a Transient Merchant License was approved. OPENING OF BIDS - 1997 PARK DEPARTMENT PAVING PROGRAM - PROJECT NO 97-37 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: RIETH RILEY CONSTRUCTION CO., INC. Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. Christopher Weinkauf, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted I6 Division 1 $18,539.00 Division 2 $14,298.00 Division 3 $26,599.00 Total $59,436.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin J. Kelly, Executive Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted I: 1M 1 1 1 305 REGULAR MEETING Division 1 $13,731.50 Division 2 $24,721.00 Division 3 $22,988.70 TOTAL $61,441.20 JULY 28, 1997 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - OLIVE STREET/LOCUST ROAD SEWER AND STREET IMPROVEMENTS - PHASE III - PROJECT NO. 97-54 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: RIETH RILEY CONSTRUCTION CO. INC Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. Christopher Weinkauf, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $375,377.39 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Kevin J. Kelly, Executive Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $452,269.30 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the bid from HRP Construction was rejected, as it did not contain a Non Discrimination Commitment Form. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the bid from HRP was read, subject to review by the Legal Department. HRP CONSTRUCTION INC. Post Office Box 266 South Bend, Indiana 46624 Bid was signed by Mr. Paul J. Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was not completed Five per cent (5%) Bid Bond was submitted BID: $416,403.10 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. 306 REGULAR MEETING JULY 28, 1997 OPENING OF BIDS - BOWMAN CREEK IMPROVEMENTS - DAYTON TO DUBAIL SEWER IMPROVEMENTS - PROJECT NO 95-120 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: SELGE CONSTRUCTION CO. INC 2833 S. I Ith Street Niles, Michigan 49120 Bid was signed by Mr. Mary Selge, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $264,440.00 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the bids received from HRP Construction, Post Office Box 266, South Bend, Indiana, and Herrman & Goetz, 225 South Lafayette, South Bend, Indiana, were rejected, as they did not contain a Non Discrimination Commitment Form. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Bids from HRP and Herrman and Goetz were read, subject to review by the Legal Department HERRMAN & GOETZ, INC., DBA UNDERGROUND SERVICES 225 South Lafayette South Bend, Indiana 46601 Bid was signed by Mr. Thomas J. Herrman, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was not completed Five per cent (5%) Bid Bond was submitted BID: $262,043.89 HRP CONSTRUCTION INC. Post Office Box 266 South Bend, Indiana 46624-0266 Bid was signed by Mr. Paul J. Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was not completed Five per cent (5%) Bid Bond was submitted BID: $243,763.16 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - CLEVELAND ROAD AND BENDIX DRIVE INTERSECTION IMPROVEMENTS - PROJECT NO 97-10 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: RIETH RILEY CONSTRUCTION CO. INC. Post Office Box 1775 South Bend, Indiana 46634 1 1 1 307 1 1 1 REGULAR MEETING Bid was signed by Mr. John Szuba, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 10 Base Bid: Alternate 1: Alternate 2: $735,885.32 $ 43,722.53 $ 47,547.00 KANKAKEE VALLEY CONSTRUCTION CO. INC Post Office Box 1471 LaPorte, Indiana 4635234 Bid was signed by Mr. John Szuba, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 10 Base Bid: $834,973.04 Alternate 1: $ 30,207.00 Alternate 2: $ 46,650.00 WALSH CONSTRUCTION COMPANY OF ILLINOIS 929 West Adams Street Chicago, Illinois 60607 Bid was signed by Mr. Daniel J. Walsh, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted L M Base Bid: $755,817.29 Alternate 1: $ 40,383.00 Alternate 2: $ 50,688.75 JULY 28, 1997 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - TWO (2) MORE OR LESS, MEDIUM DUTY TYPE I AMBULANCE This was the date set for receiving and opening of sealed bids for the above referred to equipment. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. The following bid was opened and publicly read: GOGGAN & ASSOCIATES, INC. 15783 U.S.12 Union, Michigan 49130 Bid was signed by Mr. Thomas P. Goggan Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 308 REGULAR MEETING BID: Two (2) More or Less Medium Duty Type I Ambulance Road Rescue U1traMedic Model Alternate: Two (2) More or Less Medium Duty Type I Ambulance McCoy Miller ResQMedic JULY 28, 1997 Unit Total $127,880.00 $254,880.00 $120,680.00 $240,360.00 Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the above bids were referred to the South Bend Fire Department for review and recommendation. OPENING OF BIDS - INTEGRATED POLICE -FIRE WIRELESS COMPUTING NETWORK 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. More detailed information for each line item may be found in each individual bid, all found in the Office of the Clerk of the Board. following bids were opened and publicly read: MOTOROLA, INC. 85 Harristown Road Glen Rock, New Jersey 07452 Bid was signed by Ms. Maureen Dalton Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted I: 1D 1 Motorola RNC 300 Network Controller $ 41,274.50 1 Motorola Quantar Data Base Station $ 32,268.25 1 LDG Heliax Antenna Line - 325 Feet $ 5,998.25 175 Motorola VRM660 Radio/Modem Unit $ 277,068.75 1 Project Management Services $ 56,738.25 175 Motorola VRM 660 Single Site Mobile Data $ 476,437.50 175 PRM660 Motorola Portable Radio/Modem Unit $ 281,225.00 Spare 650 Battery Pac $ 35.00 Leatherette Carrying Case $ 67.00 Cigarette Lighter Adapter $ 46.00 175 Motorola Mobile Workstation 520 $1,092,000.00 175 Panasonic Laptop Computer $ 839,650.00 1 Port Replicator $ 389.00 1 Auto Power Adapter $ 105.00 175 Panasonic Laptop Computer CF25 $ 728,700.00 175 Wave LINK Terminal Application Software $ 70,000.00 1 Additional Motorola Base Station Site $ 60,568.00 1 1 1 309 REGULAR MEETING JULY 28, 1997 Integrated Police Fire $326,236.00 Information System - Software Integrated Police Fire $218,147.00 Information System - Hardware Total Training $ 45,900.00 Total Program Management $136,068.00 TOTAL SYSTEM $726,351.00 DATARADIO CORPORATION 6160 Peachtree Dunwoody Road Atlanta, Georgia 30328 Bid was signed by Mr. Steven Seeferma Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: Motorola Data System, $550,528.05 consisting of items as submitted in Bid Shipping $ 6,335.60 Grant Total $556,863.65 Total Options $155,3 80.80 SHEARER COMMUNICATIONS INC. 12990 State Road 23 Granger, Indiana 46530 Bid was signed by Mt. Thomas Shearer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: QTY. DESCRIPTION UNIT PRICE EXTENDED $276,575.00 185 Spectra Mobile Radio w/Modem $1,495.00 Interface Port 2 Spectra Mobile Radio NC NC TOTAL $276,575.00 310 REGULAR MEETING HTE, INC. 1000 Business Center Drive Lake Mary, Florida 32746 Bid was signed by Mr. Ron Goodrow Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 19 JULY 28, 1997 License Fee Installation Fee Training Fee Annual Maintenance Fee HTE Software $198,600.00 '$ 9,100.00 $0 $33,100.00 Products CRIMES Police $575,500.00 $0 $20,000.00 $26,000.00 Records/Fires Management System Premier MDT 3.0 $1,118,590.00 Annual Maint/Support $ 46,377.00 Extended Cost Discount Net Cost Annual Maintenance HTE System $261,074.86 $13,563.24 $247,511.62 $17,782.00 Hardware AS400 1 71,532.00 1 $ 8,573.04 $ 62,958.96 $ 3,642.00 GRAHAM MICROAGE COMPUTER CENTER 133 S. Pennsylvania Street Indianapolis, Indiana 46204 Bid was signed by Graham Microage Computer Center Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 175 Panasonic Mobile Workstations $3,615.00 $632,625.00 175 Burn in & Configuration $ 25.00 $ 4,375.00 CD ROM Drive Kit $ 290.00 Port Replicator $ 290.00 Battery Pak $ 145.00 AC Adapter $ 79.00 1 1 Fji 311 REGULAR MEETING DULY 28, 1997 ZV Port MPEG CRD $ 232.00 16MG Upgrade Kit $ 117.00 32MB Upgrade Kit $ 266.00 DESCRIPTION PRICE Conventional RD DataRadio $485,176.56 Three Channel EDACS Digital $447,193.50 DLWDDS Wireless Date Software $172,203.75 Software Agents $375,583.25 175 Panasonic CF25 Rugg Laptops, 100 MHZ $548,975.00 175 Panasonic EF25 Rugg Laptops, 120 MHZ $578,200.00 DESCRIPTION AMOUNT Response CAD Software $215,000.00 RMS Software $170,000.00 Interfaces $210,000.00 Modifications $ 75,000.00 MapInfo Interface $ 23,100.00 Software Grand Total $693,100.00 3 1L 2 REGULAR MEETING DESCRIPTION AMOUNT CAD - Server Hardware $ 189,048.00 CAD Workstation Hardware $ 80,700.00 CAD MDT Subsystem $1,662,500.00 GRAND TOTAL HARDWARE. $1,932,248.00 NCR CORPORATION 2065 Three Mile Road Grand Rapids, Michigan 49544 Bid was signed by NCR Corporation Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted . I0 JULY 28, 1997 Qty. Description Unit Price Extended Price 2 NCR 4300's for Cad System $ 46,032.25 $ 92,064.50 1 NCR 4300 for RMS $ 57,892.00 $ 57,892.00 1 Disk Array Subsystem $ 43,627.50 $ 43,627.50 2 FRS Core $ 12,600.00 $ 25,200.00 1 Networking Equipment $ 7,795.50 $ 7,795.00 4 CAD Dispatch Workstation $ 8,510.00 $ 34,040.00 5 CAD Workstations $ 4,590.50 $ 22,952.50 1 CAD Workstations $ 5,495.00 $ 5,495.00 6 RMS Workstations $ 4,590.50 $ 27,543.00 1 Police CAD Software $ 11,000.00 $ 11,000.00 1 Police DataForce RMS Software $171,500.00 $ 171,500.00 1 Fire CAD Software $ 11,000.00 $ 11,000.00 1 Fire DataForce RMS Software $ 18,000.00 $ 18,000.00 175 RF Force Mobile Software $ - 762.86 $ 133,500.00 175 Fieldworks Workstations $ 10,733.37 $1,878,340.00 175 Fieldworks Vehicle Mount $ 892.86 $ 156,250.00 2 Cad System - Base Model $ 38,520.00 1 RMS System - Base Model $ 19,260.00 1 313 L REGULAR MEETING NEW WORLD SYSTEMS CORPORATION 888 West Big Beaver Road Troy, Michigan 48084 Bid was signed by New World Systems Corporation Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: JULY 28, 1997 QTY. Description Amount 1 IBM Server w/Operation Systems $ 198,418.00 16 Workstations CAD/RMS $ 62,060.00 1 Software - CAD/RMS $ 678,375.00 196 Progress Software $ 58,800.00 16 CAD/RMS MapInfo $ 30,320.00 175 Laptops $ 684,850.00 160 Vehicle Mounts $ 40,160.00 TOTAL $1,752,983.00 LOGISTIC SYSTEMS, INC. 3000 Palmer Missoula, Montana 59802 Bid was signed by Mr. Arne Jacobsen Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: CAD/RMS Mobile System - $2,217,760.00, as itemized in Bid Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the bids received from Data 911, 1125 Atlantic Avenue, Alameda, California, and Spillman Data Systems, Inc., 156 West Smith Street, Whitestown, Indiana, were rejected, as they did not contain sufficient Bid Bond. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the above bids were referred to the South Bend Police Department for review and recommendation. AWARD BID - ABANDONED VEHICLES Mr. Gary Libbey, Department of Code Enforcement, advised the Board that on July 21, 1997, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the bids to the highest bidders as follows: MICHIANA ENTERPRISES Curtis Kendall 19270 Darden Road South Bend, Indiana No. Red Tag Make Year VIN Bid Amount 7 39340 Chevy 1987 1G1AW51R3Hl l20409 $ 75.50 314 REGULAR MEETING JULY 28, 1997 10 39356 Toyota 1984 JT2AE86C8E0052238 $ 56.50 14 39762 Plymouth 1990 1P3XP44K1LN253512 $210.50 TOTAL $342.50 SUPER AUTO Paul Schultz 3300 South Main South Bend, Indiana 46614 No. Red Tag Make Year VIN Bid Amount 2 38269 Mercury 1987 2MEBM36X7HB600722 $ 67.79 5 39062 Olds 1984 1G3AJ35E5ED428119 $ 72.79 8 39342 BMW 1978 5381488 $ 67.79 9 39355 Chevy 1988 1G1LV14W2JY594508 $ 92.79 11 39483 Pontiac 1985 1G2AG19X2FT208799 $ 92.79 13 39752 Olds 1983 1G3AZ57YXDE320261 $ 82.79 15 39824 GMC 1984 1G5EG25LXE4526959 $137.79 16 39825 Audi 1983 WAUGB0432DNO07986 $ 77.79 TOTAL $692.32 STEVE AND GENE'S 3109 Gertrude South Bend, Indiana 46614 No. Red Tag Make Year VIN Bid Amount 1 38031 Lincoln 1972 2Y82A813045 $ 89.85 3 38555 Ford 1983 1FTBR10C2DUB54920 $105.90 4 38833 Chevy 1979 CCD149F390186 $ 89.85 6 39234 Chevrolet 1968 CE249F890518 $105.00 12 39723 Pontiac 1984 1G2AN69A5E2236867 $ 79.85 TOTAL $470.45 Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Littrell seconded the motion which carried. APPROVE CHANGE ORDER - CENTURY CENTER COOLING TOWER REPLACEMENT - PROJECT NO.96-80 Mr. Littrell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 2 on behalf of E.J. White, Inc., 1011 South Michigan Street, South Bend, Indiana indicating that the Contract amount be increased $567.00 for a new Contract sum including this Change Order in the amount of $149,996.00. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Change Order was approved. 1 1 77 I 315 1 1 1 REGULAR MEETING JULY 28, 1997 APPROVE CHANGE ORDER - ST. JOSEPH VALLEY PARKWAY/NIMTZ PARKWAYANDIANA TOLL ROAD INTERCHANGE - PHASE II - PROJECT NO. 95-18-3 Mr. Littrell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1, on behalf of Walsh Construction Company, 929 West Adams, Chicago, Illinois indicating that the Contract amount be increased $29,500.00 for a new Contract sum including this Change Order in the amount of $3,622,230.20. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - BROADWAY STREET IMPROVEMENTS - LOT CLEAN UP - PROJECT NO. 97-33 Mr. Littrell advised that Mr. Toy Villa, Project Construction Manager, has submitted Change Order No. 1 on behalf of Kaser Spraker, 25487 West State Road 2, South Bend, Indiana indicating that the Contract amount be increased $410.00 for a new Contract sum including this Change Order in the amount of $65,144.00. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - ORGANIC RESOURCES ASPHALT PAVING PAD #2 - PROJECT NO. 96-37 Mr. Littrell advised that Mr. Jack Dillon, Director of Environmental Services, has submitted Change Order No. 1 on behalf of Rieth Riley Construction, South Bend, Indiana indicating that the Contract amount be increased $21,192.00 for a new Contract sum including this Change Order in the amount of $109,414. It was noted that the increase represents a 24% increase in the cost of public works. In this instance, the increase results from a significant delay in the project's progress. The pad was originally scheduled to be paved in September of 1996. The scheduled paving time could not proceed because a resident near Organic Resources requested an environmental hearing with IDEM. The hearing was scheduled and then dropped in November, 1996. By November, the asphalt plants had been closed for the winter, and the pad paving had to be rescheduled for the spring of 1997. Upon inspection of the pad, it was determined that the base grading was significantly altered and needed to be corrected with an additional 1,766 tons of crushed recycled concrete for it be structurally sound. Accordingly, this change order can be approved as a permissible exception to the rule set out in Indiana Code 36-1-12-18. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVAL OF AGREEMENT - LEIGHTON PLAZA AND PARKING STRUCTURE - PROJECT NO. 97-57 Mr. Littrell stated that the Board is in receipt of a Construction Management Agreement between the City of South Bend and Calumet Construction Corporation, 3215 Sugar Maple Court, South Bend, Indiana, for the above referred to project. Mr. Caldwell noted that the Agreement is in the amount of $193,625.00. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Agreement was approved and executed. APPROVE NEIGHBORHOOD YOUTH GRANT PROGRAM AGREEMEPdTS The following Community Development Agreements were presented to the Board for approval: Junior Community $1,599.00 Perley Elementary School will be emulating the on - Kids Network Project going Community Kids Network Project at Edison Middle School. Youth are seeking funds to start their program and will be completing a Christmas basket project for neighborhood families in need. Center for the $275.00 Youth at Center for the Homeless have planted a Homeless Garden garden, and are in need of assistance with food, Project snacks and minor supplies to see the project through to its fruition. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the above referred to Agreements were approved and executed. 316 REGULAR MEETING JULY 28, 1997 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. 58-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, INDIANA WHEREAS, the City of South Bend, Indiana, Department of Public Works is the owner of the following described property situated in St. Joseph County, Indiana: Lot Numbered Three Hundred Thirteen (313Y as shown on the recorded Plat of Vernon Heights addition to the City of South Bend, St. Joseph County, Ind., commonly known as 1751 N. Fremont St. (herein after referred to as Real Property) and; WHEREAS, I.C. 36-1-11-1 (b) permits the City, acting by and through the Board of Public Works, to transfer property to an Indiana -non-profit corporation, exempt from income taxation under Section 506 (c) of the Internal Revenue Code, under such terms and conditions as determined by the Board; and WHEREAS, Habitat for Humanity is exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code; "and WHEREAS, the Department of Public Works received favorable recommendations from the Engineering Department, the Department of Code Enforcement, Community and Economic Development, the Parks Department, and Mayor Stephen J. Luecke for the sale of the real property. 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 described herein and situated in St. Joseph County, Indiana: Lot Numbered Three Hundred Thirteen (313) as_ shown on the Recorded Plat of Vernon Heights ' Addition to the City of South Bend, St. Joseph County, Ind., commonly known as 1751 N. Fremont St. for one dollar ($1.00), by the City of South Bend, Indiana to Habitat for Humanity of St. Joseph County, Indiana, shall be, and hereby is, approved. 2. That the Clerk of the Board of Public Works shall cause the recording of the quitclaim deed conveying the Real Property to Habitat for Humanity of St. Joseph County, Indiana, upon receipt of same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on this 28th day of July, 1997 at 1308 County -City Building, 227 West Jefferson, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORK_ S s/Carl P. Littrell, Member s/M. Catherine Roemer, Member 317 REGULAR MEETING JULY 28, 1997 ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 59-1997 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 60-1997 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) JET RODDER -MODEL 8000 - VIN#R8UVGH2170 WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the item listed above is no longer needed by the City; is unfit for the purpose for which it were intended and has an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment 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 28th day of July, 1997. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 60-1997 - DISPOSAL OF CITY -OWNED PROPERTY 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. 60-1997 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: MOTOROLA MODEL U43HHT-3100 AEROTRON SERIAL # B75170 SERIAL # 68089 B75171 100008691 B75175 10000625 B75179 62202742 C57290 10005444 B80533 UNKNOWN H21099 UNKNOWN H21103 UNKNOWN 3 1. 8 REGULAR MEETING JULY 28. 1997 B79528 H21104 HARRIS SERIAL # 9388 7437 8880 7391 WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the item listed above is no longer needed by the City; is unfit for the purpose for which it were intended and has an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said equipmenumay 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 28th day of July, 1997. BOARD. OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF RESOLUTION NO. 61-1997 - DECLARING ITS INTENT TO LEASE THE PROPERTY AT 504 NORTH JOHNSON STREET SOUTH BEND INDIANA FOR USE AS A NEIGHBORHOOD CENTER Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Resolution was approved by the Board of Public Works: RESOLUTION NO. 61-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO LEASE THE PROPERTY. AT 504 NORTH JOHNSON STREET, SOUTH BEND, .INDIANA, FOR USE AS A NEIGHBORHOOD. PARTNERSHIP CENTER WHEREAS, the City of South Bend is desirous of establishing several Neighborhood Partnership Centers in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhoods; and WHEREAS, the property at 504 North Johnson Street, South Bend, Indiana, has been selected as a site for a Neighborhood Partnership Center; and WHEREAS, this property at 504 North Johnson Street, South Bend, Indiana, contains approximately 1,000 square feet, an:area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended; and WHEREAS, the Board of Public Works of the City of South Bend, Indiana, on July 25, 1997, received a petition ('Petition") signed by at least fifty, (50) taxpayers of the City of South Bend; Indiana, for a term of one year, with a one year option to renew the leasehold agreement upon agreement by both parties with an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,200.00) in the first year and Four Thousand Two Hundred Dollars ($4,200.00) in the option year if the option to -renew for the second year is exercised by the agreement of both parties; and 319 REGULAR MEETING JULY 28, 1997 WHEREAS, the Board also received, on July 25, 1997, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and at least fifty (50) of the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, the Board also received, on July 25, 1997, a proposed lease agreement ("Proposed Lease") concerning the lease of the premises as petitioned, and WHEREAS, I.C. 36-1-10-7(2) requires, that prior to the Board's entering into a lease agreement for said premises, that the South Bend Common Council, after investigation, determine the lease of the premises is needed. NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana as follows: 1) That the Board of Public Works of the City of South Bend, Indiana, hereby expresses its desire and intent to lease the premises at 504 North Johnson Street, South Bend, Indiana, for its use as a Neighborhood Partnership Center. 2) That the Petition, as certified by the St. Joseph County Auditor and submitted to the Board on July 25, 1997, is hereby accepted for filing and made available for public inspection. 3) That the lease of the premises shall be for a term of one (1) year with a one (1) year option to renew exercisable by the City, and with an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,200.00) in the first year and Four Thousand Two Hundred Dollars ($4,200.00) in the second year if the option to renew is exercised by the City. 4) That St. Stanislaus Parish is entitle to receive a tax exemption for the leased portion of the premises pursuant to I.C. 36-1-10. 5) That the Proposed Lease for the premises submitted to the Board on July 25, 1997, is hereby accepted for filing and made available for public inspection. 6) That the Board directs and authorizes that a Resolution be filed with the South Bend Common Council with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation and consideration, its determination that the lease of the premises described herein is needed. 7) That a public hearing on the proposed lease is hereby set for August 11, 1997, at 9:30 a.m. in the Board of Public Works Meeting Room, 1308 County -City Building, South Bend, Indiana, 46601, at which hearing all persons desiring to be heard will be given the opportunity to address whether the Proposed Lease is necessary and whether the proposed rental is fair and reasonable. Board. 8) That this resolution will be in full force and effect from and after its passage by the Adopted this 28th day of July, 1997. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Carl P. Littrell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, a Deed of Dedication for a portion of an Alley Dedication was approved, as submitted by Abonmarche Group, 1711 East McKinley Avenue, Mishawaka, Indiana. An additional eight (8) feet is being dedicated to the alley in St. Joseph Street. 320 REGULAR MEETING JULY 28, -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 thirteen (13) 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 - ONE (1) MORE OR LESS, TWO WHEEL DRIVE TRACTOR WITH FLAIL MOWER In a memorandum to the Board, Mr. Matthew Chlebowski, Director of Equipment Services, requested permission to advertise for the receipt of bids for the above referred to tractor. Mr. Chlebowski stated that funding will come from the Sewers Capital Motor�Equipment account. Therefore, upon a motion made by Ms. Roemer, 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'- UNIFORM RENTAL In a memorandum to the Board, Ms. Catherine Hubbard, Personnel Director, requested permission to advertise for the receipt of bids for the above referred to uniform rentals. Ms. Hubbard stated that funding will come from each individual Department's Uniform account. Therefore, upon a motion made by Ms. Roemer, 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 - SALE OF ONE (1) 1980 JET RODDER In a memorandum to the Board, Mr. Matthew Chlebowski, Director of Equipment Services, requested permission to -advertise for the receipt of bids for the sale of the above referred to jet rodder. Mr. Chlebowski stated that the jet rodder was declared obsolete by Resolution No. 59-1997. Therefore, upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the request to advertise for the receipt of bids for the sale of the jet rodder was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Littrell 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. Adell Badgett, 713 North Allen, South Bend, Indiana to'conduct the above referred to block party, on Sunday, July 27, 1997, from 10:00 a.m. until 10:00 p.m., on Allen from Lindsey to the alley. Upon a motion made . by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CLOSE STREETS - SIGN IN THE PARK - NORTHEAST NEIGHBORHOOD COUNCIL Mr. Littrell 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. Marcia Brown Humphrey, Northeast Neighborhood Council, 803 North Notre Dame Avenue, South Bend, Indiana to conduct the above referred to event, on Sunday, July 27, 1997, from 3:00 p.m. until 5:15 p.m., on Chalfant from Jacob/Welsh to Eddy and Chalfant. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and, carried, the -recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Littrell 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. Robert Biggs, 1717 Georgian Drive, South Bend, Indiana to conduct the above referred to block party, on Saturday, August 9, 1997, from 2:00 p.m. until 11:00 p.m., on Georgian Drive from Cape Cod to Georgian Court. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. 1 E 321 REGULAR MEETING JULY 28. 1997 APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Littrell 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. Tina Thompson, 1437 Mishawaka Avenue, South Bend, Indiana to conduct the above referred to block party, on Saturday, August 2, 1997, from 4:00 p.m. until 11:00 p.m., from the alley of 1433 Mishawaka Avenue, to the first east/west alley. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY Mr. Littrell 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. Barbara Crijhton, 320 East Howard, South Bend, Indiana to conduct the above referred to block party, on Saturday, August 2, 1997, from 10:00 a.m. until 11:00 p.m. Upon amotion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT ALZHEIMER MEMORY WALK 1997 Mr. Littrell 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. John Broden, 919 East Jefferson, South Bend, Indiana to conduct the above referred to walk, on Sunday, September 21, 1997, from 10:00 a.m. until 3:30 p.m., on the designated route as submitted. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. APPROVAL OF LICENSE APPLICATION FOR OPEN-AIR BUSINESS Mr. Littrell stated that the Board is in receipt of favorable recommendations from the Department of Code Enforcement, Weights and Measures, Police Department, and Traffic and Lighting for a License Application for an Open Air Business, as submitted by Mr. Donald Schlarb, 13825 Dragoon Trail, Mishawaka, Indiana, to conduct an open-air business at 1326 North Ironwood, for the sale of fresh farm produce, from July 4, 1997, through October 31,1997, from 8:30 a.m. until 6:00 p.m. daily. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the License Application was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE ALLEYS Mr. Littrell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Phil Newbold, Memorial Hospital of South Bend, South Bend, Indiana to vacate the following alleys: The first east -west alley south of Bartlett Street from the east right-of-way of North Michigan Street to the West right-of-way of the first north south alley east of North Michigan Street for a distance of approximately 165 feet and a width of approximately 14 feet. This alley is situated in Rockstroh's second addition to the City of South Bend, St. Joseph County, Indiana, between lots 8 and 9; and Also, the alley to be vacated is described as the first east -west alley south of East Bartlett Street from the east right -of way of the first north -south alley to the west right-of-way of north St. Joseph Street for a distance of Approximately 165 feet and a width of 14 feet. Part located in Rockstroh's 2nd addition, City of South Bend, St. Joseph County, Indiana. This alley is situated in Rockstroh's Second Addition to the City of South Bend, St. Joseph County, Indiana, between Lots 33 and 34. Mr. Littrell 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. The Fire Department stated their approval is contingent on Fire Department access to 701 North St. Joseph Street and building to the south. Therefore, Ms. Roemer made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition, subject to the above listed contingency. Mr. Littrell seconded the motion which carried. 322 REGULAR MEETING JULY 28, 1997 UNFAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Mr. Littrell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Paul Costello, 303 West Angela Boulevard, South Bend, Indiana to vacate the following alley: The first east -west alley north of West Angela Boulevard from the east right-of-way of the first north-south"alley west of North Lafayette Boulevard to the west right-of-way of West Angela Boulevard for a length of approximately 665.2 feet and a width.of 7 feet. Part located in Parkovash addition to Navarre Place, City of South Bend, St. Joseph County, Indiana. Mr. Littrell advised that the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from, the Area Plan Commission and the Department of Economic Development. The staff of Area Plan has reviewed this petition and has found that the request does not meet at least one of the standards for vacation, that "the vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient." Vacation of this alley would deny access to the garages located on Lots 302, 303, 304, 305, 305, and 307. In addition the property owners of Lots 303 through 307 have not signed the petition to vacate. - While this may not affect the legality of the Petition, it is Area Plans' opinion that it is important to note that the property owners that will be denied access by this vacation have not signed the petition to vacate. Area Plan recommends that this petition be denied, unless it is amended to exclude at least the portion of the alley that provides access to Lots 303 through 307. It appears that lots 308 through 316 all have access from Angela. The Department of Economic Development, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works concur. Therefore, Ms. Roemer made a motion that the Board send an unfavorable recommendation to the Common Council concerning this Vacation Petition. Mr. Littrell seconded the motion which carried. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT: Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDY LETTER OF CREDIT NO. 07-0716-A ISSUED BY: Freeman Spicer Services FOR: Matteo Builders AMOUNT: $62,609.00 EXPIRES: July 16, 1998 IMPROVEMENT: Field Pointe Sub, Phase I, Section 5, for the improvements not completed. Mr. Littrell made a motion that the Letter of Credit, as outlined above, be approved. Ms. Roemer seconded the motion which carried. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $1,737,309.52 dated July 21, 1997, and $4,066,914.13 dated July 28, 1997, and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $54,479.02 and recommended approval. Mr. Littrell made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which carried. 323 1 1 1 REGULAR MEETING JULY 28, 1997 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Littrell, seconded by Ms. Roemer -md carried, the meeting adjourned at 11:07 a.m. BOARD OF PUBLIC WORKS Carl P. Littrell, Member I Zmes R. C ell, Member M. Catherine Roemer, Member