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HomeMy WebLinkAbout07/12/10 Board of Public Works MinutesPUBLIC AGENDA SES51fJN' JULY $ 2010 l90 The Public Agenda Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, July 8, 2010, by Board President Mr. Gary A. Gilot, with Board Ivle~-nbers Donald E. Inks and Carl P. Littrell present. Also present was Board Attorney Cheryl Greene. Board of Works Clerk Linda Martin was absent. Jennifer Carle, Engineering, presented the Board with a proposed agenda of items presented by the public and by City Staff. APPR~]VE BID AWARD EX'I~ENSIC]N - 2009 ROA© REPAIR FDR WATER MAIN E~TENSI[~NS - PRf~JECT NG. I09-057 WATER WC7RKS GPERATING CAPITAL REVENi~E B(]NI~S} Mr. David Tutagate, Water Works, advised the Board Ghat on July 27, 2009, the above referred to bid was awarded to the lowest responsible, responsive bidder, Walsh Sc Kelly, Inc., 235$ Stag Road 23, South Bend Indiana 46b14. Walsh & Kelly has agreed to extend floe unit prices to December 31, 201.0. Mr. Tungate recotnmcnds that the Board approve the brd award extension in the unit price amount.. Therefore, Mr. Littrell made a motion that the recomiaaendation be accepted and the bid as~aard extension be approved as outlined above. Mr. Inks seconded tlae motion, which carried. APPRC3VAL OF' RE I]EST TQ ADVER'T'ISE FDR THE RECEIPT OF BIDS - DEvIGLITIDN fJF TRIANGLE NEIGH13GRfIGMOI3 PRQPERTIES PROJECT - NC? 1 14-039 4EPA GRAINY] In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission. to advertise foa- the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Gilot, seconded by Mr-. Inks and carried, the above request was approved.. APPRC3VAL Qh' PRC}FESSI4NAL SERVICES AGREEMENT - BC?NE.S~"I~aO INC, - ARSENIC REMOVAL PROJECT Mr, Gilot advised that Mr, David Tungate, Water Works, submitted a Professional Service Agreement from Bonestroo, Inc., for the evaluation of options far removal of oxidised arsenic from the backwash water at Pinlaook, Edison and the Nartla Station Filtration Plants in the amount. of 575,000.00. UIr. Tungate noted. the arsenic found in the water is naturally occurring and not aman-made chemical. The Agreement is still being reviewed by Ms. Cheryl Greene, Legal, and the Comn'on Council will approve funding for the project on Monday, July l2, 2010. Therefore, Mr. Gilot made a motion to approve the Professional Servir:es Agreement subject to approval by Legal and the funding approval by the C~anamon Council. Mr. Inks seconded the aaaotion, which. can-ied. Board members discussed the following items} from that list. - Monthly Deport ofC}perations and Safety Report Mr. David Tungate, Water Works, presented his division's Monthly and Safety Reports for the month of .'vlay and June, 2010. - Advertise for Bids Ms. Both Leonard-inks, Community & Econorreic Development, stated the City has been working. ran receiving a federal grant in the amount of 5285,000.00 foi- training at-risk, unemployed individuals for placement with companies in the Airport Economic Dovelopnaent Area. Ms. Leonard-inks stated they are seeking proposals froth companies that will set up a program to determine which companies need new employees, what type of training those new employees need, training 40 individuals, anal hopefully placing up to 2S of those trained in positions with those companies. - Triangle Property Demolition Update Mr. Jeff Gibney, Community & Economic Development, stated they are still working towards a mutually agreeable settlement with the property owners affected by the acquisition. Mr. Gibiaey and his employees are saaeetin~; with them again prior to Monday's public hearing and will hopefully have an agreement that will make the public hearing Pt/II3LIC AGENDA SESSIGN .IL1L`~ 8.2IJ1 [1 l9l versus six or ten-inch should ire more, not less. Mr. Henthoz`n stated he would investigate the pricing, f~iz-ther, and suggested tabling the Board-s consideration of the change order- Change C}rdez- No. 4 - Ernbedded Sensor CS(~ Mozaitoring Project,. Phase ll -Project No. 1019-~ 19 Mr. Patz-ic.k I-Ienthcarrp, Engineez~ing, stated this change order is basest can three separate pay itcrns subtttittcd dzze to several unforeseen ciz-cumstances. Ms, Conc. was instructed to post the agenda and notify the media and other persons, wtlo have requested notice of the. zrzecting agenda. No othr;r lausiness carne before tl7e. Board. Tlae meeting adlcaurned a;t 11:45 a.m. 13+~JARD GF PUt3LIC WGRKS ~~ ~~ _ Gary A. Gilot, President ~' F ~ ^~ D Wald E. Inks, Member Cart P. Littz-e11, ivlember ATTEST: F r ~.' T ~`-,-~-~i ~dda Ml`.-°~'tartin, C'1 rk / REGULAR MEETING J ~J L'~' 12, 20 l The regular aneeting of the Board of Public Works was convened at 9x32 a,zn. on Monday,. July 12, 2~11I}, lay Board President Gary A. Gilot, with Soard 1'vtembers Dionatd E. Inks and Carl P. Littrcll pz•esent. Also present was Board Attoi~cy Cheryl Crrecne. PUBLIC HEARING - RESQLUTIC~N N+C1. 38-201(} - PRGP+C7SEI) EXERCISE Of' EMINENT DCIMAIN ~LtJT 96 & 98 - f-tt1RTI~~A?~(& MILLER"S ADL?ITIDII~I] Mr. Gilot advised that this was the date set for the I~oarcl"s Public Hearing concez'zzin~ the Proposed Exercise of Eminezzt Domain for Lots 9b & 9$ in the I~-Iartzxzan 8~ Miller's Addition. This property is needed for ttze lJddy Kzlolls right-of-way street. irnproven~ents project, which will serve a public puz-posy:, be of benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City.. Assistant City Attorney, Larry Metever stated the two property owners were present and wished to be heard, but their attorney was running late. E-le requested tl7e Board carne back tea the Public l--teax-iz~g once their attorney arrived. The t3oard temporarily closed the Public Hearing, Mr. James Masters, Attorney for the property owners, arrived at 9.4~ a.m. and the Public Hearing. vas once again opened. Mr. Masters stated he was representing tla~e two property owners, Mr, N. Wayne Curry, Jr., I X50 Bums Avenue, and Mr. Samuel Kariuki, I (ISfa Bums Avenue, South Bend, who wished to remonstrate against the proposed taking of their properties.. Attorney Larry Meteiver nfiaz-rned those present that on June 14, 2[108, the; Soard appz-oved Resolution No. 38-2(]I0, Proposed Exercise of Eminent Domain. He noted there are three lets needed for the development of the public z-ight-of--way for the proposed Eddy Knolls Street REG[JLAI~ M1/TING JULY 12, 2010 192 property for pulalic use. Mr. Masters questioned who will be receiving the deed for the property, whose name it will be in. Mr. Gilot stated. it v,~ould be in the City's name. Attorney Meteiver stated one paa'ce1 will get re-platted and become part of a buildable property for a house and the residual of the property would be anon-buildable parcel. IVIr. Masters questioned who the residual owner would be. Mr. Gilot stated again the City would be. Mr. Master stated liis map showed part of one and most of the other parcel being buildable. He noted there appears to be different drawings; it`s difTicult to ascertain how the division is being requestod. Mr. Gilot stated the Redevelopment C'ornr~lission set out to redevelop the land and uses the Board as it's agent for bidding. AC}G laid out the: conceptual design, and Qanch i-Tamer did the platting inap. The intent is to develop, but the Board of Work"s goal is to build streets, sewers, and all public right-of-way needs. In order to achieve the goal, these parcels must be obtained. Ma-. Gilot noted the intent is to offer two appraisals and assistance in relocating, with no Iinancial loss to the property owners. Board Attorney Cheryl. Greene noted this is not the intent of this I-Tearing; the Board is in rho preliminary stages of the taking via I.C`. ~2-24-2. Mr. Masters stated. the Board is in violation of ]ndiana Code for condemnation by using. the right-of-way statute and skirting the law entitling the owners to 150~'/~, of the value for condemnation. Mr. Meteiver stated the taking; is far dcvc.lopment of the right-of--way, the residual is non--buildable. Even though the street will not cover l Ofl% of the property, it is still an appropriate procedure. Mx-. Inks questioned whether the law requires the City to buy the residual property. Mr. Meteiver stated we also need to acquire the residual at fair' market value. The appraisals we have requested cover the entire area. I-Ie r-oted the damages are not for re~~iew today. Board Attorney Cheryl Greene stated what is treaded today is a motion to confirm or modify Resolution No. 3$-2010.. `T'he next phase is to adapt a resolution for daanages. She noted the pro vision does exist for epninent domain and allows for appeal. Mr. Meteiver started actually the appeal of the award of damages can be done ones they are determined, after the property owner has a chance to remonstrate. Mr. Inks questioned whether the appeal would be through the Courts.. Attorney Meteiver stated it could determine if the Board acted arbitrarily and capriciously. There being no one else present wishing to address the Board concerning this matter, flee Public 7-gearing was closed.. Therefore, upon a motion ~nadu by Mr. L.itti-ell, seconded by Mr, Inks and carried, the Board voted to confirm Resolution No. 3~3- 2010. APPR+C~~+JE MINUTES QF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and cax-ried, the minutes of the Agenda Session, Regular Meeting and' Claims Meeting of the Board held on Juno 21, 2010, June 24, 2,010, June 28, ?010, and July b, 2010 were, approved. GPEI'~ING QF I3I1~S -SALE C7F AB,ANI7[7I~EI] VET-IICLES 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 Bond Tribune and the Tri- County News, which were fflund to be sufficient. Tl~e following bids were opened aid publicly read: Stove l-Iubler Tcrrv"s Auto Salvage lion Walte~- No. l~cscription. Year Bid Bid Bid 1. Tan Qldsmobile Royale 19$4 ~455.OI1 $1 b5.00 2. ,Blue Ford Taurus 2000 :~:iU5.00 ~28[).ti~0 3. Green Lexus 4-l~r. 1990 $Ii~30,{}0 4. Black Pontiac Bonneville 1995 ~i71).00 S. Brown Ford Pickup - 19$5 $80.00 $I~[).(TO C. Blue Ford F-150 199I $80.U0 S 1$5.00 ~~7$.0%i 7, Gray Pontiac Transpo~'t 1998 $248,U0 RI~GULAR IvIEETII~iG J L] LY 12, 2[310 1 ~3 motion that tl~c s-econlrnentlation be accepted and tl~e bads be awaa°ded as oetlined above. Mr. Inks secor~d~;d the nxt~tion, wlYich caa-ried. C~PENI141C QF _ [7UC7TATI~J;'~I5 A1°~D AWARD AI~1D APPR~VIv C(aN7RACT - D~M~QI~ITI011`~ aF 525 ES`I' INDIANA AVENUE- PRC3JEC'T''~I{~. 1 I[}-04~ tAEI~A TI,F) Mr. Gi~c~t ~t~vi5ed t?~~t this was tl~e daf~ set foa~ the receiving and npenia~~ ~7f sealed Quotations for tine above refereneed prcf~ect. The followira~ (quotations were opened and a°eacl: J,4C'It5Oi1I SERVI~C'IES 1674 N 750 W Rochester,. Indiana 43~J75 Quc~tatioaY was submitted by Ilals. Beverly Jackson Q1.1+C~TATI~N; ~;~,9t7f~.00 .IACk.St)N T~~ICKING C~CAVATING ^~02L3 W 1(30 1~l l~ewana, Indiana 46~)3~ Quotation tva4 submitted by Mr. Harvey Jackson Q UI~TATIC]N: 59,000.00 T+UR[3ti. E?C'A~v'ATING X25 S. 'Fellows St. ~C117th Bead., IN 466{)1 C~uc:~tatic~n was subaz7itted by Mr. Bill Taro QUC~TATIC~N: '~ 13,945.()0 IE~~R E?~.CAVATING 201t~ Went Avenue. Nlishdwaka, Indiana 46545 Quotation vas submitted by Mr. Marl: Weaver QLfQTATI+ON: ~1~),425,00 C&)~ )EXCAVATING 53767 County Road 9 Elkhart, Irsdiana 46514 Quotation was submitted by Mr. AI J[~hnsc~n QUC}TATI(7?~I; $17,350.00 B & J )EXCAVATING, INC. 11.04 W. Donald 5trect South Bend. In 466I~ 3 Quotation was submitted by Mr. Julius C)"Neal, .Ir. QU[3TATI~UN: X22, l 35.[30 RITSCI-IARI7 BIxOhS., INC. 1204 West Sample Street South Bend, Indiana 46619 Quotation was submitted by Mr. Don Ritsehard, Jr. QU[)TATIC7I~I: ~ 16,640.00 RE+~UI.,AR MEETIIti'G JULY 12 201 Q 154 OPENING C]F U~TATIC7NS AND AWARD AND APPRC7VE CONTRACT - DEMQLITIQN CF 15(78 SOL:1"J'1-I TAYLQR STREET - FRC7JECT N~.11 a-~54~ AIJI~A, TIF Mr. C~ilot advised that this was the date set far the receiving and apeninL; of sealed Quotaticins for the abave referenced project. The follawin~ f~uotations were: opened and read: JACKSGN TRLiCKI1~G & EXCAVATING 90(7 W l t7[? N I~ewana, Indiana 46g3~ Quotation was submitted by Mr. Harvey Jacksan C~UC3TA"I'I©N: $6,Ufl0.0I7 JACI{S©N SERVICES 1674 N 75f} W Racliester, Indiana 4375 Quotation was submitted by Ms. Beverly Jacksan (7U~JTATICN: 6,5Q[7.047 TC)RpK EXCAt'AT[NG X25 S. Fellows St. South Send, IN 466C] 1 Quatation was submitted by Mr. Bill Taro [~L9UTATIQi`I: $b,19'~.~[7 R&R EXCAVA'T'ING 2Q 1 ~ `Went A`:enuc Mishawaka, Indiana 46545 C~uotation was submitted by Mr. Marls Weaver QUL~TATIC)I'+I: $14,t)7[7.DI7 C~iE EXCAVA'T'ING 53767 County Raad 9 Elkhart, Indiana 46514 Quotation was sub~~aitted by Mr. Al Jahnscsn QUDTATIC]N: $13,?25.D{7 B & ~ EXCAVA"PING. INC. 1 1U4 W. Danald Street Sauth Bend, In 46fa 13 Quotatian wvas Submitted fry Mr. Julius O'Neal, Jr. C~UOTATICJN: ~8,354,Q~ ItITSCHARD I3Rf)S., INC. 1?[74 West Sample Street Sauth Bend, Indiana 4G5I9 Quatatian was subn~itteci by Mr. Lion Ritschard, Jr. QUQTATIQ14t: $IU,2&9.170 Upon a naotian made by Mr. Littrell, secanded by Mr. Inks and carried, the above Quatatians were referred to En~ineerin~; tar review and recommt~ndatian. After revi+ewin~ those quatations, Mr. Role Nichols, Engineering, recommended that the Board award the contract to the lowest REGULAR. MEETING JUI_.Y 12, 2010 195 Kelly, Inc., 24358 SR 23, Saut11 Bend, Indiana 46614, in the amount of $2,035,220.50. Additionally, the Canstnzctian Contract was srbmitted far approval.. Therefore, Mr. Inks made a rnoti~n that the recomrner~dation be accepted anal the bid be awarded and. the Construction Contract approved as outlined above.. Mr. Littrell seconded the motion, which carried. AWARD BII~ ANa AAFRaVE C`[]NST,RTJCTI[~N C[9t~JTRACT- BARTLETT STREET PARKING STRUCTURE FA AQE REt<GOVATICN -- PRUJECT Na. 110-027 MEMORIAL MEDICAL TIFF IVIr. Rab Nichols, Engineering, advised the Board that on June 28, 2010, bids were received and opened far the above referred to project. After reviewing those Kids, Mr. Nicl~tals recarnrnends that the Board award tyre corrtract to the lowest responsive and responsible bidder Ziolka4vski Construction, Inc., 1005 South Lafayette Boulevard, South Bend, Indiana 466[]1, in the amount of $690.00t?.00. Additionally, the Construction Contract was submitted for approval. Therefore, Mr. Inks made a n-roton that the recornr~tendatian be accepted and the bid be awarded and the Construction Contract appro~=ed as outlined above, Mr. Littrell secrrr~ded the rrrc~tios~, which carried. APPROVE CHANGE. ORDER N~}. l - PRIMAI~~' CL~4RII=ICATI+ON SCi.]M ~ GREASE REMCtVAI~ MCy1~1FlCATTC~NS - I'R()JEC"T NO. 109-069 SEWER B{JNI3 Mr. Gil~at advised that. Mr. Toy Villa, Engineering, has suI•iniitted Change Urder Na. I an behalf of IZ.E. Crosby, Inc.., 2805 Fr`eetrran Street, Fort Wayne, Indiana 46802, indicating the Contract amount be increased by '$3,654.[70 for a new Contract s~~nx, including this ~"iiange C7rder, in tl~e amount of 5280,954.{70. Upon a motion made by Mr. Inks. seconded by Mr. Littrell and car-r-ied, the Cl~an~;e Order was approved. APPRC7VE C'1-IANGE QRDER 1`x+0. 4 - EMI3E[7DED SET~+IS~R CSCI MQvITORING PROJECT PI-1A5E l1- PR®JEC'T' N~7. 109-I119 ISRF~ Mr. Gilot advised that Ms. Thia V~rwter, Engnecr7ng, leas subrT~itted Change ~7rder Na, 4 ors behalf of FIRP Construction, Inc., 5777 Cleveland Raad, Post Oftice I3ax 266, South Bend lndiana 4662.4-0266, indicating the Contract amount be increased by $3I,606.38 f~~r a new Contract sun1, including this Clran;ge Qrder, in the anloernt of $2,125, l 58.62. Mr. Gilat rioted the arnorrr~t of the increase on the agenda of $31,6(]8.38 was incorrect. Therefore, upon a rnotian made by Mr. Gilc~t, seconded by Mr. Inks and. carried, the Change Clydcr was approved'. APPRUVE CHANGE flRI=}ER N4S. 4, 5, &~ 6 -TRAFFIC SIGNAi. MGI~ERNIZATI~N ~MISHAWAKA AVENUE) - PRC)JECT NC}. I08-065 fFHWA) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order Nc,s. 4, 5 & 6 on behalf of Michiana Contracting, Inc., 7843 Lilac Raad, P.O. Box 929, Plymouth, Indiana 46563, indicating. the Contract amount be increased as described below: A. Chanle Qr°der Na. 4 1. Increase Amount: $520.52 2. Percent of Increase; 0.096%° 3. New Contract Amount: $541,7 i 9.91 B. Change C}rder No. 5 1. Increase Amount. $14,256 2. Percent of Increase. 2..64°1° 3, New Contract Amount: $555,450,39 4. Funding.: FHWA C. Change Qrder I~Io. 6 1. Increase Amount: $63.20 2. Percent of Increase: 0.012°/n REGULAR MEETING JUI,`~' 1~, 2dI0 19b Bend, Indiana ~bbOl, far the above referenced project, indicating a final cost of $81(},255.24. Upon a motion made by Mr. Inks, seconded by Mr. Littz-eII and carried, the Project Completion Affidavit was approved. APPROVAL ~?F REpUEST TO ADVERTISE FOR "T'I-IE _R_ECEIPT CAF BI17S AI`+TI~ TITLE SHEET -- CT--IAPIN STREET STQRM SEWER EXTENSI[7N PHASE II SEWER Bai~ID In a iaiemoranduiri to the Board, Mr. Carl Littrell, En~ineerin~;, requested permission to advertise fc~r the receipt of bids for the above referenced project. Also presented at this tirz7e far approval and execution was the Title Sheet. Upon. a matiaii ii~ade by Mr. Inks, seconded by Mr. Littrell and carried, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF RE VEST T4 ADVERTISE FOR THE RECEIPT` OF BIDS - TRANSMISSIOIV REBL9ILD AND REPAIR OF CITY VEHICLES aEPAR'I'MEI'~1T BUDGETSI Ii-i a memorandum to the I3aard, Mr. Jeff Hudak, Central Services, requested permission to advertise fear tl~e receipt of bids far the above service. Therefore,. upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the above request was approved. APPI~.OIIAL OF REC7L3EST TO ADVERTIS._ FOR Tl'-IE RECEIPT QF I3IQS LEASEIPUR~CI-IASE C3F SE'~,~ENTY-FI~?~ d,75) Gt3LF CART'S (BLACICTHQRI~ GOLF CAPITAL} In a mez~~arai~duzri to the I3aard, Mi`. Jeff I-Iudalc, Central Services, requested permission to advertise fax- the receipt of bids far the above equiprraent for the Blackthorn Golf Course. Therefore, upon a naation made by Mr. lnks, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OI" ~E[-LIEST TO .ADVERTISE FOR THE RECEIPT OF BIDS - DEVEL+JP AMID IMI'LEME1~lT CUSTOMIZED TRAINING PROGRAM FOR BUSINESSES III AIRPORT ECONOMIC I~EVELOPMEIVT AREA - COMMUNITY & ECONOMIC DEVELOPMENT FEDERAL GRAI+IT In a memorandui~i to the Board, Ms. Elisabeth Leonard-Inks, Community & Economic Development, requested pez-mission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Inks,. seconded by Mr. Littrell and carried, the above x•equest was approved. ADOPT RESOLUTION 1'~IO. X12-2p l0 - A RESOLUTIOI~I OF THE SOUTH BEND I30ARD OF PUBLIC WORDS ON DISPOSAL OF UNFIT ANDlOR OBSOLETE PROPERTY Upon a motion i~Yade by Mr. Inks, seconded by Mr. Littrell and carried, the folla~vi~~ Resolution was adapted by the Board of Public Works: RES©LUT)<UI~I N0.42-2U1CI A RES(3LUT1<C1N ©F THE SDUT~-I' ElRE14D B+DARl3 (]F PUBLIC'V~'~RKS (3N DISp()SAL DF >Q.JNFI'1' Ai~II)lflR Q1i3S[]LETE PR(PERTY WHEREAS., it has been determined. by the Board of Public Works that the fc~Ilowin~ property is unfit far the purpose for which it was intended and is na loriger needed by the City of South Q end [3)3S(7LETE IItiFQRI'4~'IATIC)~1 TECNN(3L[)G'f' )€-IARDV{-~'ARE [)ISP+DSAL WHEREAS, Indiana Code 5-22-22-I permits and establishes prcacedure far disposal of REGULAR MEETING JULY 12, 2414 197 BE IT FURTI~ER RESOLVED, that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless,. such inay be demolished ar junked. ADUPTED TI-IIS 12TH DAY t)F JULY 2414. CITY t3F SC_]UTH BEND BUAItD (7F PUBLIC W[)RK5 sf Gary Gilot sf Donald Inks sf Carl Littrell ATTEST; slLnda Martin, Clerk APPROVE RESOLUTIfJN Nt). 43-2414 ~- A RESQLUTIt)N +QF THE CITY t]F St3UTH BEND BOARD OF PUBLIC Wt7RKS Ct]NFIRMING AC UISITIf]N CAF PR©PERTY IN THE CITY CAF SQUTI~I BEND INDIAl`~IA EDDY KI~IQLLS RIGHT OF V~JAY STREET PRt]JECT~ Upon a motion made by Mr. Inks, secc~ndcd by llF1r. Littrell and carried, the following Resolution was formally approved by the Board of Public Works: RES+I3IJUTI~]lV 1VQ, 43-21114 A RES[ILUTION OrF' THE C1T"Y ClF SC3UTH BEND BQAiRi? OF PUBLIC WC`RI~S C~JI~IFIRMING ACQUISI`I'IQN (}~' PROFEIZT~' IN `I'HI; CITY ~F SDUTH SE?~iI?, INl]~IANA (giddy I~nalls Rialat of 1Nav Street Frrojeet} 1~'I--IEREAS, the City of Sptrth Bend, Indiana (the "City") is a municipality for ptmrposes ~of Indiana Code~~°32-24-2 and WHERI~AS, pursuant to Indiana Cade ~3t5-9-fi--~ and Indiana Code 53fi-1-14..5-1, the City of South Bend, Indiana, Board of Public Works the ABoard~) is the entity vested with the authority and power to acquire, receive, manage and care for the property of the City and to oversee the Project, and WI--IEREAS, can .Tune 14, 24I Cl, the Board al~prar~ed and. adapted Resolution No. 3~-24I4 entitled a "RESC7LL?T1[)N QF THE CITY C7F SC~I.JTN BEND Bt)ARD JI~ PIJBI,IC Wt]R,KS RELATED TQ ACQUISITItIN [~F PRQPERTY IN T'I~E CITY ©F SGUTH BEND, INDIANA (Feld}~ Knells Right of Way Street PrpjeCt}" (the ``Declaratory Resolriti~rn"); and WI-JEREAS, the Declaratory Resolution fc,und and determined that it is necessary to open, change and layout a street located within tlic City, to-wit: Eddy Knolls Street within. the proposed L:ddy Knolls P.U.D. (the "Praject'"}. which Pc•oject will serve a public purpose, be cif benefit to the health or general welfare of the unit, and be in the best interest of the citizens of the City; and WI-IEREAS, the Declaratory Resolution further found that it is necessary and desirable to acquire each parcel of property set Earth in I/xhibit A, lcacated in South Bend, St. Joseph County, Indiana and d~esc~-ibed as follow~~s: REGULAR MEETING JULY l2~ 2010 198 (collectively, the ``RQW Property„) in order to complete the Project; and'. WI--IEREAS, pursuant to Indiana Cade~~'32-24-2-6, the Board leas caused a notico concen~ing the: passage of tl~e Declaratary Resolution to be published once each week for two consecutive weeks in a newspaper of general circulation published in South Bond, Indiana, and setting the Declaratory Resolution far further consideration an July 12, 2.010, at 9;30 a.m. in. Room 130, County-City Building, 227 West Jef'fersor~ Boulevard, South Bend, Indiana; and. WHEREAS, at a public hearing held by the Board on this 12`B' day of July, 2010, at 9:30 a.m., in Rooms 130$, County-City Building, 2`27 West Jefferson boulevard, South Bend, Indiana, the board has further considered the necessity anal desirability of acquiring the R(}W Property and has heard all persons interested in the proceedings and received any written remonstrances and objections filed by persons interested in or affected by the Declaratory Resolution, and considered those remonstrances and objections, if any, and such. other evidence presented; and WHEREAS, the Board deems itself duly advised for purposes of taking final action on the Declaratory Resolution and now desir~:s to take such final action and. Snake the necessary findings in accordance with lndat~a Code ;~32-24-2-~. NOW, T"I-1;EREFC)RE, Sly, IT RESGLVI?D, by the City of S©uth Bend, Indiana, board ref Public Works, as follows: l . The Board hereby finds that the Project anal the acquisition of the ROW Property will ses-ve a public purpose, will be of benefit to the health or general welfare of the unit, anal be in the best interest of the citizens of the City. ?. The Board hereby finds that the acquisition of the ROW Property is necessary to coanplete the: Project.. 3. The Board hereby confirms the Declaratary Fesolution (Resolution No. 38-2010) approved and adopted on June 14, 2010, in all respects, which, pursuant to Indiaria Cade X32-24- 2-6, is conclusive as to all persons. 4. The Board hereby condemns and apprapa-fates tho R{~W Property for the uses and purposes of the Project. 5. The Board hereby authorizes the President and Clerk of the Board to execute a Certificate of Taking and Clerk's Deed with respect to the ROW Property. 6. The Board hereby directs the staff of the Board to prepare a list of all the property owners or holders of the property, and of interests in it, sought to be acquired or to be injuriously affected. by this Confirmatory Resolution and to file such list. with the Board for further consideration as to the daanages, if any, and the benefits, if any, resulting to such owners or holders by reason of the appropriation as by law provided. Approved and adopted at a meeting of the City of South Bond, Indiana, Board of Public Works held on July 12, 2010, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY C7F SOUT;I-I BE]'~lD BOARD OF PUBLIC WORDS REGULAR MEETING ~XI-III~IT A 1ULY l2. 2010 l99 ~vvner ( er tax rolls} Address Tax Ke No, Type of Interest F~x1I1S~lrt Parcel ~. Wayrle l~ 030 BUi11S Street OI g-3D99-3300 PerrnaIlent Full Parcel Curt- , 1r. _ Takin~ S~n~uel K~rtuk~ k 054-1 OSb Bttrns 018-5099-3497 Perlnartent Full Parcel Betty Kariuki Street {11 ~-5099-3493 Taking APPRD~.fAL GF AGREEI~IIN"I~SICC~bITRACTSIPRC7PC~SALSIADDEN®A The following AgreementslContracts~'Prol?osals.lAddenda were submitted to the Board for a n nrn ^~ a ~ - -- -Type $US1I~eSS I7-escr~ptlDn Amoumt I1'lOtlDll~ ~f'C(7ll~l Agreement New Sesco, Inc. Ili-filling Borings for a Prt~be NIA InkslLittrell Authorising of Sail. andfor Water Etltry 1Jpon Samples and Installation of Public Monitoring Well's Located at Property for (I }Wilber St. North of Van Drilling Buren St., (~) along Van Purposes and Buren St., (3) along Revacablc Lincolnway West, (4} in Pcrinit for ,411ey South of Lincolnway Environmental West and West of Sancotne Remediation Ave., anal [5} itb the Alley Purposes North of l~incolnway West and East of W ilbcr St. Professional Jatnes Childs Architectural Drawing and NTE It~kslLittrell Services Architects ItFP Documents for ~2b,000.00 Agreement Replacement of Historical (MPAC} lyntrv Doors and Windows at Mortis Performing Arts Center _ Professional ~ Indiana I-Lousing. _ Funds Paic1 to City for X50,000.00 lnkslLittrell Services & Community Foreclosure Prevention (Paid to Contract Developirtent Counseling and Intervention City of Authority South Bend) Professional Abonmarehe Kennedy Park Sewer ~ 15,500..00 InkslLittrell Services Separation -Project No. (Bond} Contract 108-092 -Additional Surveying Services Addendum to Rcdevclopt~ttent To Allow Board of Works to N1A InkslLittrell Master Commission ~ Advertise for Bids for Agency Seventy-Five (75} More or Agreement 'Less, Calf Carts far 'Blackthorn Golf Proposal for Envirocorp, Inc. Former Industrial Fuels & $3,800.00 GilatfInlcs Professional Resources Site Demolition- TBD Services Style Asbestos Inspection ~~04 S. Scott Street} - Project No. RF,Gt]LA12 MEIyTING JULY 1 ~ 20 I (l 2Q0 Health 2-Year Agreement from (Self- 8f 1I1 ~ to 7131112 Insurance Fund) Agreement far Pr'Iemorial Center Occupational Health _ Pricing InkslLittrell Medical far Occupational Services for Teamster &: Schedule Services Health Nan-Bargaining Employees (Self- - 3-Year Agreement frolxl I Insurance 8l I I I Q~ to 7131113 Fund) Letter of 1Vlemarial Price-Level Discount far NIA InkslLittrell Alreement 1-Jospital of South ~ Worker's Ctalnpe~isatian and Bend flceupationai Health Services prodded by Memorial I-Iaspital Em~er enGy Raam Business Memorial I-IIPPA Privacy Agreelrlel~It N!A Inks/Littl-ell Associate Occupational Addendum I--Iealth AtJTHC~RI~E C+dNTI~OLLEI~ TQ SIGN I~.ECEIPT Oh' iNFQRMATI+QN TE~C~-INC7LQGI1vS E~LIIPMEN`1` Board Attorney Cheryl Greene requested tkae Board author-zo the Contrgller to si~;r, the receipt o#' equipment far the Inf©rl~natian Technalagi~s Department. She noted the I3aard had previr~usly appl-oved the agreement for the upgrade of the equipment and now they just need someone to sign the receipt. Therefore, open a motion by Mr, Inks, seconded by Mr. Littrell and carried, the Controller vvas authorized to sign the receipt ofthe equipment. APPROVAL QF S7'1~1~ET GLOSIJRESIPIt{JCESSI+QNS The follQwin street closures anal processions were presented far approval: Sponsor Description DatclTime Location Motion Carried Our Lady of Street Closure - J~IIy 17, 2Q1Q; Chapin from Calvert t© lnl'cslLittrell Hungary Parish ~ Parish Festival 4:Q0 p.m. to Bruce I C]:Q4 p,m. Hammes Street Closure - August 7, 2[] 10; Eddy Street Pram Angela InkslLittrell Baalcstore &. "Coffee and 9:©Q a.m. to I to Napoleon }~omy's Cafe Cars'' 4:QfJ p.In. Studebaker Street Closure - August 28, Chapin from Thomas to InkslLittrell National Cruise-In Car 20I0; 3:[?Ci p.m. Washington Museum Shaw to ~:QQ In. Downtown Street Closure - July Z & August Washington fro~xa InkslLittrell South Bend, Cruise-In Car 6, ZQ 10; 3:0() ~ Michigan to St. Joseph Inc. Club Show p.nl. t0 ~:(]Q p.m. Vonda & Street Closure ~ July 31, 2D 1 Q; Westlrlaor from Eclipse to 1nkslLittrell Terrence Black Party 3:~Q p.m. to Goodland Jackson 5:~~ .m. I Sonnyvilla, Inc. Street Closure - July 3 I, ZQ 1 d; Sherman from Dose to InkslLittrell Neighborhood 4:Q[- p.m. to Beale Brock Party S:QQ m. ,Abundant Faith Taking it to the July I6 & 17_ I7iarn~ncl AEtenue from inkclT .ittr~li REGULAR MEETING, JULY 12, 2014) 201 'VFW #q$20 (1$ l ~ Lincoln ' Way West} Page 1 Benefits Procession - August $, 20] 0; Route as Submitted Inks~Littrell Rally for Hope 9:30 a.rn. to 1:15 p.m, APPR+7VE SIDEWALK CAFE PERMIT AFPLICATIQN Mr. Crilot indicated that the Board is in receipt of the following Sidewalk Cafe Permit application: APPLICANT: I4ildare's Notre DameIND Pub, LLC BUSINESS ADDRESS: 14144 Angela $caulevard, South Bend, Indiana DAYSfTIMES l7F 4~PER.ATIQN: 11:04} a.m. to 3.04} a.rn. Daily 1~'Ir. Inks stated lYe was not sure if this outdoor cafe would actually be impeding on the public right-of=way. it doesn't appear frorx~ the drawing that it does. Mr, Inks made a motion that the Sideti~~alk Cafe Permit Application be approved if it is in the right-of-way. Mr. Littr`ell seconded the motion which carried,. APPRC7VAL C7F LICENSE APPLICATIQNS Mr-. Gilot stated that the Board is in receipt. of comments from Community anti Economic Development and Engineering about trip hazards and drainage issues at several of the listed parking garages in the License Application fear Public Parking Facilities for AMPCC3 System. Parking. Fawor-able recommendations were received from the Fire Department. APC4J is requesting the license fc~r the following: 1. 117 S. Willarrrs Street -Trip Hazard 2. 1 1 l S. Michigan Street -Slow Drainage on North Side 3. 2.11 N. Lafayette Boulevard -Trip l-Iacarcls 4, 121 1/. Wayne Street -Trip Hazards 5. 123 N. St. Joseph Street -Trip Hazard 6. 123 N. Main Street -Extreme Trip Hazard 7, 22C~ S, IVlain Street -Damaged Sidewalk. $. 225 S. Main Street -Trip Hazard 9. 121 S. St. Joseph Street -Trip Hazard l0. 126 N. Main Street Mr. Gilot noted two addresses on t}ae agenda were incorrect, l21 S. Main should read S. St. Joseph and 126 S. Main St, should read N. Main. St. Upon a motion made by Mr, Ink, seconded by Mr, Littrell and carried, the License Applications were approved subject to the trip hazards and drainage issues being addressed. APPR~3VE LICENSE APPLICATIC7N - QPEN AIR LICENSE Mr. Gilot advised that the following license application has been received: NAME: BY: ADDRESS: STAND TQ BE LOCATED AT DAl"I:.S: Dogs for Dollars Mr. Stephen. Wolfe 2416 CR 24, Elkhart, Indiana 46.517 SW Corder of Jefferson & Michigan June 20 ] 0 to January 201 1; 1.0::3(] Extended to 2:30 Daily with REGULAR MEETING' Ji]LY 1~, 201 2{l~ Ul'~IFAVORABLE REC{~MMENI~ATION -PETITION TO VACATE TFIE SOUTH HALF OF I~l{~RTI-IE'SQt.1TH ALLEY NrJRTH OF I-1(7WARD STREET T© THE FI12ST EASTIWEST ALLEY BETWEEN ST. LOUIS AND 5T. PETER STREETS Il~Ir, Gilot indicated. that Ms. Brcnda J. Martin-Groves, 717 Howard Street, South Benci, Indiana 4b617, has submitted a request to vacate the above referred to alley. Mr. Gilot advised. the Board is in receipt of unfavorable recorttmendations concerning this Vacation. Petition front the Fire Departntertt, NIPSC'O, Area Plan Cottzrttissiort and Engineering. `The Polace Depar-tmcnt gave a favorable recommendation. Community ~ Economic Development gave a favorable recommendation with a comment that they would not oppose the vacation if the other affected property owners ar-e in favor. Area Plan stated the majority of the. black in which the alley lies is developed with single-family or multi-fatrtily uses. All the lots adjacent to the alley and within the block ]rave frontage an an adjacent public street, This alley provides access to three garages located to the west of the proposed alley to be vacated. The alley appears to be used. for trash pick-up since several refuse containers were visible with the alley. The Fire Departrnertt stated there are two hydrants in the area for the Fire Depart~ttent to use and they arc bath on St. Louis. Street. There is a duplex building on the cross section of the eastJdvest and northlsouth alleys. The alley is one of two ways for the Fire Department to get water supply lines to that duplex building, NIPSCO stated the alley has atwo-inch plastid gas attain and. gas service connections in the alley. They will need to have access to maintain these facilities in the future and structures will not be allowed to be built over the gas facilities. Engineering stated that the petitioner will need to satisfy three other property owners whose garages depend upon the alley for access. Also, Solid Waste will need to rttove; trash pick up to the front of the properties if the public way is closed. Finally, Solid Waste will also be styrttied to access the alley north of the portion proposed for the vacation. Therefore, Mr, Inks made a tttotion that the Board recontrrrend denial. of the alley vacation te7 the Common Council. Mr. Littrell seconded the motion which carried. The Board noted if all ofthe issues can be resolved, they would recommend favorably. APPROVAL OF THE RELEASE OF UTILITY EASEMENT -THE FIRST EASTIWEST ALLI3Y SOUTH OF NAPOLE[~N STREET FROM DUEY TO THE FIRST NORTHISOUTH ALLEY Mr. Gilot indicated that Mr. 'T'ony Molnar, Engineering has submitted a request to release the utility easement in the above referred to alley, which was previously vacated. The request was submitted by Danch, I-lamer & Ass[~ciates and the University of I'votre Datnc. There are nc~ City utilities in the right of way. The Alley will b~: used by tho University of Notre Darne and the Neighborhood Association for additional devcloprnent. 1"her-efore, Mr. Inks made a motion to approve the release of the utility easement, if the city ]tas any utility rrghts. Mr. Littrell seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr, Inks, seconded by Mr. Littrell and carried, the following traffic control devices were approved: NEW INSTALLATIONS: Handicapped Accessible Parking Space Sign I•.OCATIONS: 31[3 East Bowman Street 231. [l Kcnwooc'l Avenue 2{l34 Berkley Place REMARKS: All criteria has bcr:tt tt7et APPROVE CONSENT T® ANNEXATION AND WAIVER OI~ RIGHTS TG REMONSTRATE ~. ZfJ315 JEWELL AVENUE -SEWER REGLfLAR MEETING J1r~LV ~?. ~a1Q ~Q~ FILIi~IG OF MONTHLY ANL7 PERF'C]RMAI~ICE MEAS[]RE REPf~RTS - DE,PAItTMENT C)F PCJBLIC WORKS - The Division of` Water Works submitted their Mortthiy and Performance. Reports fir th+e months of May and June ?Ol Q. There being no furtl-~er discussion, upon a motion made by Mr. [nks, sect~ndtd by UIr. Littre~~ ar~d carried, t~7o n~nr~thly rel?c~rts ~a~er-e accepted and tled_ FILING [31 SAFETY' REPC)RTS - DCPARTIVIEI~T QF PLII3LIC WC3RKS The I7ivsic~n cal` Water Works subrnittcd kher- Safety Reports fear Niay anal June ?Q l ~}. These reports reflect injur-i~;slaccidents fc~r each month and provide for a comparison. There being no fti~rther discussion, upon.. a motion made by Mr, Inks, seconded by Mr. Littre[1 and carried,. the reports were. aGccptcd and Bled. FII.II~1G 4F CERTIFICATE C3F INSURANCE 1`]pon a motion made by IVIr. Inks, seconded by Mr. L.ittrell and carried, the Certificates of Insurance for the following businesses were accepted for filing: Masonry Contractors, lVlishawaka, IN A&W' Masonry Builders, Soutll Bend, IN Summit Parent dba Alphagrapllics, SoLtth Bend, IN Concrete Cutting £~c Breaking, Grand Rapids, MI RATIFY' APPROVAL AI'~IDIC7R RELEASE COI~iTRACTQR BONDS Mr. Anthony Molnar, Qivision of Engineering, recot~~mends that the following Contractor Bonds be ratified pursuant to Resolrrtion l OQ-2Il©Q andlor released as follows: Business Bond Type Appr4vedf Effec#rve Date Releasecd Jose Lo e Contractor A roved June ~Q, 2D I (l Kirkpatrick & Suns Concrete Contractor Release July 23, 2(} 1 Q Mr, Inks made a motion t1~at the Bonds approval andlor release as outlined above be ratified. Mr. Lttr-ell seconded the motion, which carried. APPR+t7VE CLAIMS. Mr. Inks stated that a request to pay the following; claims in the amounts indicated has been. received by the Board; each clairrd is fully supported 6y an invoice; the person receiving the goods or services leas approved the clairrrs; and the claims have been filed with tl~e City Fiscal Gfficer and cer~tilied for accuracy. 1\rarne Arnaunt of Claim )Date City of South Bend $1,91 ~,9ZC~.77 711 ZI1 Q City of South Bend $x,913,936,39 71©9114 St. Joseph County Housing Consortium $~fl,•?51.26 71p711Q St. Joseplti County Housir-rg Consortium $1 Q,S34.C]0 71Q211 {] Therefore,. Mr. Inks z~tade a motion that after review of the expenditures, the claims be approved as su6rntted. Mr. Littr-ell seconded the rnoti~n, which carried. PRIVILEGE QF THE FLO[7R RE~GL~LAR NIE1~Ti1~lG plan, but apparently Hat in paper fora., dust conceptual faun. She Hated this cluestian has came up before anal nobody was able to produce an actual copy of the Hoane Tawn Flan. They tried to trace it back to see what the original intent was. Mr. Miller questioned what the decisican is about street patches. Mr. Gilot stated tl~e City is patching sewea' and water cuts with in-house labor and. all sewer and water insurance work. lie noted the City is doing all. Municipal tivarlc, no private work. AD]OURI~,rME':'tIT There being na further business to came bet:ore the Board, upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the rneetinb adjourned at 1.55 a.m. 13C7ARD QF PL1B1/1C WGRI~S ATTEST: ~.Lirycla M. Martin, Clerk L, ~ ~~, Gary A. Gilat, President /f ,~ .~i =i.- onald lr, lnks, Member ~ ~ Carl P, Lita-e11, Member