HomeMy WebLinkAbout01/24/11 Board of Public Works MinutesAGENDA REVIEW SESSION JANUARY 20, 2011 18
The Agenda Review Session of the Board of Public Works was convened at 10:34 a.m. on
Thursday, January 20, 2011, by Board Member Donald Inks with Board Member Carl Littrell
present. Board President Gary Gilot was absent. Also present was Board Attorney Cheryl
Greene. Board of Public Works Clerk, Linda Martin, presented the Board with a proposed
agenda of items presented by the public and by City staff.
ADDITIONS TO THE AGENDA
Mr. Inks noted the addition to the agenda of a Grant of Perpetual Easement for water and sewer
services, and a Transition Agreement with the National Football Foundation for the College
Football Hall of Fame.
APPROVE GRANT OF PERPETUAL EASEMENT — 6797 U.S. 31 SOUTH
Attorney Larry Meteiver presented to the Board for approval, a Grant of Perpetual Easement
requested by the property owners, Duane and Virginia Zeiger, 6797 U.S. 31 South, South Bend,
Indiana, for a sanitary sewer and water main easement with the City. Mr. Littrell stated the
property runs across the Zeiger farm to Lafayette Falls. He noted there is an oral easement that
was given years ago, and this is the official document that needs to be recorded. Upon a motion
by Mr. Littrell, seconded by Mr. Inks and carried, the easement agreement was approved.
Board members discussed the following agenda items:
- Professional Services Proposal — Malcolm Pirnie, Inc.
Mr. Al Greek, Environmental Services, stated this agreement is for design services to
bring total automation upgrades to the instrumentation at Wastewater. He noted total
automation has been a labor cost savings goal Wastewater has been working towards for
a while.
- Monthly Reports — Department of Public Works
Mr. Al Greek, Environmental Services, and Mr. Jeff Hudak, Central Services, presented
their respective Monthly Reports for the month of December. Mr. Hudak noted a third
shift was initiated for equipment maintenance for the winter of 2010 -2011, eliminating
the need for overtime hours. He stated in the last two weeks this has saved Central
Services ninety -six (96) overtime hours.
Mr. Greek presented a Monthly Key Performance Indicator report, showing key
performance statistics for the Wastewater Division. It was noted that his statistics on
Information Technology support calls included all computer issues. The Board members
agreed the numbers should only indicate the SCADA and other plant operation
technology issues to reflect the accuracy rate of the equipment. Mr. Littrell questioned
whether all of the numbers recorded for all of the categories were for the entire year. Mr.
Greek stated some categories reflect only several months. He noted the report is new and
the figures have not been collected for the entire year. Mr. Greek added that this report
will be presented on a regular basis starting this year, so the numbers will reflect all year
for all categories from this day forward.
- Safety Reports — Department of Public Works
Mr. Jeff Hudak, Central Services, presented his division's Safety Report for the month of
December, noting one accident due to icy conditions.
- Resolution No. 12 -2011 — Adopting a Written Fiscal Plan and Establishing a Policy for the
Provision of Services to an Annexation Area in Centre Township
Mr. Michael Divita, Community and Economic Development, stated this annexation is a
voluntary annexation involving a single property. He noted the annexation will not create
any additional Public Works capital expense, and the location is already maintained by
the City.
- Opening of Bids and Proposals -- Coveleski Stadium Improvements
Mr. Inks informed the Board that the budget numbers have been assessed on the scope of
the Coveleski project and some scopes have been eliminated because of insufficient
funds. Ms. Greene questioned how it will affect the total scope of the project if the bids
come in higher on these two phases than the scope allows for. Mr. Inks stated that
shouldn't happen; the figures were derived at allowing for some flexibility if necessary.
- Request to Advertise for the Receipt of Bids — One or More, Pre -Owned Tactical Rescue Units
Ms. Greene stated she has talked to Mr. Jeff Hudak, Equipment Services, about the
reference to specific name brands in the specifications for this unit. She noted Mr. Hudak
explained that in these cases, they are the only manufacturer of the parts. Mr. Littrell
noted that the Fire Department must meet ISO safety guidelines on their equipment and
AGENDA REVIEW SESSION
JANUARY 20, 2011 19
there are many details they need in their specs to do so. Mr. Gregg Zientara, Controller,
stated they need to clarify if this is a replacement unit or a new unit altogether.
The Clerk was instructed to post the agenda and notify the media and other persons who have
requested notice of the meeting agenda. No other business came before the Board. The meeting
adjourned at 11:40 a,m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
L,
D nald E. tnks, Member
C�'12 ,!k''0'
Carl P. Littrell, Member
ATTEST:
LinAa M. Martin, Clerk
REGULAR MEETING JANUARY 24, 2011
The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday,
January 24, 2011, by Board President Gary A. Gilot, with Board Members Donald E. Inks and
Carl P. Littrell present. Also present was Board Attorney Cheryl Greene.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the
Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on January 3,
January 6, January 10, and January 17, 2011 were approved.
OPENING AND AWARD OF BID AND APPROVAL OF CONSTRUCTION CONTRACT
COVELESKI STADIUM IMPROVEMENTS MAIN FACILITY REHABILITATION —
PROJECT NO. 111 -005A (COVELESKI BOND)
This was the date set for receiving and opening of sealed bids for the above referenced 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:
ZIOLKOWSKI CONSTRUCTION CO.
4050 Ralph Jones Drive
South Bend, Indiana 46628
Bid was signed by: Mr. Bill Favors
Non - Collusion Affidavit was in order
Non - Discrimination Commitment Form was completed
Five percent (5 %) Bid Bond was submitted
BID:
Base Bid:
$825,000.00
Alternate 1
$33,600.00
Alternate 2
$11,500.00
Alternate 3
$20,000.00
Alternate 4
$2,220.00
Alternate 5
$12,100.00
Alternate 6
$7,220.00
Alternate 7
$116,870.00
Total
$1,028,510.00
REGULAR MEETING
CASTEEL CONSTRUCTION CORP.
23186 West Ireland Road
South Bend, Indiana 46614
Bid was signed by: Mr. R.V. Casteel
Non - Collusion Affidavit was in order
Non - Discrimination Commitment Form was completed
Five percent (5 %) Bid Bond was submitted
BID:
JANUARY 24, 2011 20
Base Bid:
$917,000.00 .
Alt 1
$34,700.00
Alt 2
$10,500.00
Alt 3
$36,000.00
Alt 4
$6,000.00
Alt 5
$12,600.00
Alt 6
$7,500.00
Alt 7
$133,800.00
Total
$1,158,100.00
BROWN & BROWN GENERAL CONTRACTORS INC.
......... .
124 South Elkhart Street
PO Box 487
Wakarusa, Indiana 46573
Bid was signed by: Mr. Eric Brown
Non - Collusion Affidavit was in order
Non - Discrimination Commitment Form was completed
Five percent (5%) Bid Bond was submitted
BID:
Base Bid:
$862,418.00
Alt 1
$108,389.00
Alt 2
$6,764.00
Alt 3
$24,948.00
All 4
$3,045.00
Alt 5
$14,053.00
Alt 6
$7,823.00
Alt 7
$120,375.00
Total
$1,147,815.00
LARSON- DANIELSON CONSTRUCTION CO.. INC.
302 Tyler Street
LaPorte, Indiana 46350
Bid was signed by: Mr. Timothy Larson
Non - Collusion Affidavit was in order
Non - Discrimination Commitment Form was completed
Five percent (5%) Bid Bond was submitted
BID:
Base Bid:
$823,250.00
Alt 1
$30,854.00
Alt 2
$12,794.00
Alt 3
$45,500.00
Alt 4
$2,360.00
Alt 5
$12,600.00
Alt 6
$7,400.00
Alt 7
$118,683.00
Total
$1,053,441.00
GIBSON -LEWIS LLC
1001 West I It Street
Mishawaka, Indiana 46544
Bid was signed by: Mr. Robert Lingenfelter
Non - Collusion Affidavit was in order
REGULAR MEETING
Non - Discrimination Commitment Form was completed
Five percent (5 %) Bid Bond was submitted
BID:
JANUARY 24, 2011 21
Base Bid:
$854,300.00
Alt 1
$20,000.00
Alt 2
$13,000.00
Alt 3
$19,100.00
Alt 4
$1,200.00
Alt 5
$13,000.00
Alt 6
$20,700.00
Alt 7
$119,000.00
Total
$1,060,300.00
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were
referred to Community & Economic Development and Wightman Petrie for review and
recommendation. Upon review, Mr. Bill Schalliol, recommended that the Board award the
contract to the lowest responsive and responsible bidder Ziolkowski Construction Co. in the
amount of $1,028,510.00 for the base bid and all alternates. Additionally, the Construction
Contract was submitted for approval_ Therefore, Mr. Gilot made a motion that the
recommendation be accepted and the bid be awarded and the Construction Contract approved as
outlined above. Mr. Inks seconded the motion, which carried.
OPENING OF PROPOSALS — COVELESKI STADIUM IMPROVEMENTS —
SCOREBOARD AUDIONIDEO EQUIPMENT, .. FRONT END AND
EQUIPMENT RENOVATIONS — PROJECT NO 11 1-005B (COVELESKI BOND)
Mr. Gilot advised that this was the date set for the receiving and opening of sealed proposals for
the above referenced project. Mr. Gilot stated the proposals don't include a bid sheet so they
would need to be reviewed by the team made up of the Silver Hawks management, Community
and Economic Development, and Wightman Petrie, Inc. Mr. Dave Rafinski, Wightman Petrie,
stated he would make available a matrix evaluation bid tabulation on the City's website when
review is complete, He noted the tabulation would be posted before the next Board of Works
Claims Review meeting notice so the project could be awarded at that meeting of January 31,
2011. The names of the following contractors submitting proposals were read:
AD SYSTEMS
14580 Global Parkway, 4110
Ft. Myers, Florida 33913
Proposal was submitted by: Mr. Jim Thomas
_
AYLOR, INC.
2509 Ada Drive
Elkhart, Indiana 46514
Proposal was submitted by: Mr. Brad Little
NEVCO, INC.
301 East Harris Avenue
Greenville, Indiana 62246
Proposal was submitted by: Mr. Eric Lingren
DAKTRONICS
27140 Lynde Drive
Olmsted Township, Ohio 4413 8
Proposal was submitted by: Mr. Will Ellerbruch
TS SPORTS
2580 Esters Boulevard, Suite 200
DFW Airport, Texas 75261
Proposal was submitted by: Mr. Jeremy Riley
REGULAR MEETING JANUARY 24, 2011 22
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above proposals
were referred to Community & Economic Development, the Silver Hawks, and Wightman Petrie
for review, tabulation, and recommendation.
APPROVE CHANGE ORDER NO. 6 — MIAMI ROAD WIDENING (KERN ROAD TO
JACKSON ROAD) — PROJECT NO. 098 -082 (FHWA/LRSA)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 6 on behalf
of Hoffinan Bros., Inc., 8574 Verona Road, Battle Creek, Michigan 49014, indicating the
Contract amount be increased by $16,870.64 for a new Contract sum, including this Change
Order, in the amount of $4,457,677.97. Upon a motion made by Mr. Inks, seconded by Mr.
Littrell and carried, the Change Order was approved.
APPROVE CHANGE ORDER NO. 8 --- TRAFFIC SIGNAL MODERNIZATION — PROJECT
NO. 108 -065 (FHWA
Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 8 on
behalf of Michigaa Contracting, Inc., 7843 Lilac Road, Plymouth, Indiana 46563, indicating the
Contract amount be decreased by $23,499.47 for a new Contract sum, including this Change
Order, in the amount of $570,256.80. Upon a motion made by Mr. Inks, seconded by Mr. Littrell
and carried, the Change Order was approved.
APPROVE CHANGE ORDER NO. I (FINAL) AND PROJECT COMPLETION AFFIDAVIT
— SOUTHWEST CORNER OF MAIN STREET AND JEFFERSON BOULEVARD SITE
RESTORATION (CONCRETE) — PROJECT NO. 110 -072 (SBCDA TIF)
Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on
behalf of McIntyre Jones, Inc., 2603 North Foundation Drive, South Bend, Indiana 46628,
indicating the contract amount be increased by $ 1,301.95 for a new contract sum, including this
Change Order, of $38,778.15. Additionally submitted was the Project Completion Affidavit
indicating this new final cost of $38,778.15. Upon a motion made by Mr. Inks, seconded by Mr.
Littrell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were
approved.
APPROVE PROJECT COMPLETION AFFIDAVIT — CENTURY CENTER HALLS A & B
DECORATIVE WALL PANELS — PROJECT NO. 110 -030 (CENTURY_ CENTER BOND)
Mr. Gilot advised that Toy Villa, Engineering, has submitted the Project Completion Affidavit
on behalf of Brown & Brown General Contractors, Inc., PO Box 487, Wakarusa, Indiana 46573,
for the above referenced project,, indicating a final cost of $71,449.20. Upon a motion made by
Mr. Inks, seconded by Mr. Littrell and carried, the Project Completion Affidavit was approved:
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — ONE (1) OR
MORE_, PRE -OWNED TACTICAL RESCUE UNIT (2011 FIRE DEPARTMENT CAPITAL)
In a memorandum to the Board, Chief Howard Buchanon, requested permission to advertise for
the receipt of bids for the above referenced project. Attorney Cheryl Greene stated the Controller
questioned whether this is a replacement unit. Mr. Phil Custard, Purchasing, stated he sent an
email to the Controller outlining the switching around of several pieces of equipment. He noted
the only equipment the Fire Department will be getting rid of is a sixteen foot (16') trailer
Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above
request was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET --- PLEASANT STREET SEWER SEPARATION PHASE II - PROJECT NO. 109 -029
ENGINEERING - SEWER PROJECTS
In a memorandum to the Board, Mr. John Engstrom, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Also presented at this time for
approval and execution was the Title Sheet. Upon a motion made 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 REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
BOND — EAST BANK STORM SEWER PHASE 1 A — PROJECT NO. 109 -070 (7010 SEWER
In a memorandum to the Board, Mr. Patrick Henthorn, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Also presented at this time for
REGULAR MEETING
JANUARY 24. 2011 23
approval and execution was the Title Sheet. Upon a motion made by Mr. Gilot, seconded by Mr.
Littrell and carried, the above request to advertise was approved, and the Title Sheet was
approved and signed.
APPROVAL OF REQUEST„ TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET — COVELESKI STADIUM IMPROVEMENTS - MAIN CONCOURSE
CONSTRUCTION — PROJECT NO. 111 -005C (COVELESKI BOND
In a memorandum to the Board, Mr. Bill Schalliol, Community & Economic Development,
requested permission to advertise for the receipt of bids for the above referenced project. Also
presented at this time for approval and execution was the Title Sheet. Upon a motion made by
Mr. Gilot, seconded by Mr. Inks and carried, the above request to advertise was approved, and
the Title Sheet was approved and signed.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND „TITLE
SHEET — CLAY /CLEVELAND/RIVER COMMONS LIFT STATION IMPROVEMENTS —
PROJECT NO. 109 -087 2010 SEWER BOND
In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to advertise
for the receipt of bids for the above referenced project. Also presented at this time for approval
and execution was the Title Sheet. Upon a motion made by Mr. Inks, seconded by Mr. Littrell
and carried, the above request to advertise was approved, and the Title Sheet was approved and
signed.
ADOPT RESOLUTION NO. 08 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS REGARDING THE RETIREMENT OF "NIKKO" —AK-9 POLICE
DEPARTMENT UNIT
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution
was adopted by the Board of Public Works:
RESOLUTION NO. 08-2011
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
REGARDING THE RETIREMENT OF "NIKKO ", A K -9 POLICE DEPARTMENT
UNIT
WHEREAS, the South Bend Board of Public Works has been advised by the City's
Police Chief that "Nikko ", a K -9, is no longer needed by the South Bend Police Department; and
WHEREAS, it has been determined by the Board of Public Works that "Nikko" is unfit
for the purpose for which he was acquired and is no longer of use to the City of South Bend; and
WHEREAS, Corporal Scott Ross, South Bend Police Department, has agreed to care for
"Nikko" at his own expense and to keep him as a house pet and understands that "Nikko" can
never again be used as a Police Dog; and
WHEREAS, the South Bend Police Chief has submitted a letter stating that the dog is no
longer fit for purpose for which he was intended, to be a member of the Canine Unit of the South
Bend Police Department, and is therefore no longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of
South Bend, Indiana, that "Nikko ", a K -9 Police Dog, is unfit for the purpose for which he was
acquired, is no longer of use to the City of South Bend, and has an estimated value of less than
One- Thousand Dollars ($1,000.00).
BE IT FURTHER RESOLVED, that "Nikko" the Police Dog, should be retired (he has
already been removed from active duty) and sold to Corporal Scott Ross for One Dollar ($1.00),
providing Corporal Ross executes an indemnity agreement.
ADOPTED this 24th day of January, 2011.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary Gilot
REGULAR MEETING JANUARY 24, 2011 24
s/ Donald Inks
s/ Carl Littrell
ATTEST:
s /Linda Martin, Clerk
ADOPT RESOLUTION NO. 10 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS FOR THE TRADE OF TWO 2 FIRE TRUCKS
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution
was adopted by the Board of Public Works:
RESOLUTION NO. 10 -2011
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
FOR THE TRADE OF TWO (2) FIRE TRUCKS
WHEREAS, the care, custody and control of City -owned property is vested in its Board
of Public Works ( "Board ") pursuant Ind. Code § 36- 9 -6 -3,
WHEREAS, in accordance with Ind. Code § 36- 1 -11 -9, the Board may trade or exchange
property of a similar nature as part of the purchase of new property; and
WHEREAS, in accordance with Ind. Code § 5- 22 -22 -3, the Board may also dispose of
property that is deemed to be no longer needed or is unfit for the purpose for which is was
intended; and
WHEREAS, the City of South Bend owns the following equipment which is unfit for the
purpose it was intended and no longer suited for use in the Fire Department:
One 1 1995 Old Heavy Duty Rescue Truck 9 1
One 1 1986 Quint 3 Fire Truck
and
WHEREAS, the City of South Bend Fire Department is in need of this equipment, the
trade by the South Bend Fire Department with Pierce Manufacturing /Global Emergency Services
of the above equipment for the following equipment that is similar in nature and of equal or
greater value is desired:
One 1 eavy Duty Aerial Ladder Truck
NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend the trade by the South Bend Fire Department of the two (2) Fire Trucks for two (2)
Fire Trucks as indicated above.
ADOPTED this 24th day of January, 2011.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary Gilot
s/ Donald Inks
s/ Carl Littrell
ATTEST:
s /Linda Martin, Clerk
ADOPT RESOLUTION NO. 11 -2011 — A RESOLUTION OF THE BOARD OF PUBLIC
WORKS SOUTH BEND INDIANA TO SET WAGE RATES FOR THE YEAR 2011 FOR
PROJECTS COSTING LESS THAN $200,000
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following Resolution
was adopted by the Board of Public Works:
REGULAR MEETING JANUARY 24 2011 25
RESOLUTION NO. 11 -2011
A RESOLUTION OF THE BOARD OF PUBLIC WORKS
SOUTH BEND, INDIANA, TO SET THE WAGE RATES FOR THE YEAR 2011
FOR PROJECTS COSTING LESS THAN $200,000
WHEREAS, The City of South Bend desires that workers on public work contracts be
compensated fairly for the application of their skills and training; and
WHEREAS, The Indiana Department of Labor administers a program for determination of the
common wage for public construction; but requires that a public construction
project have an estimated cost of more than $200,000 to qualify for a common
wage determination hearing; and
WHEREAS, The Saint Joseph Valley Building Trades Council has participated in many wage
determination hearings for City of South Bend projects and has conducted surveys
of the labor rates in South Bend and Saint Joseph County; and
WHEREAS, the Common Wage Determination hearings held in Saint Joseph County in
compliance with Indiana Code 5- 16 -17, as amended, have resulted in adoption of
the St. Joseph Valley Building Trade Council's survey as the common wage for
public works projects; and
WHEREAS, The City of South Bend often desires to contract for "small" public work projects
of less than $200,000 and wishes to maintain a high level of quality in completed
projects; and,
WHEREAS, The Saint Joseph Valley Building Trades Council comes before the South Bend
Board of Public Works with a scale of wages in typical classifications based upon
survey for both "Building" projects and "Heavy and Highway" projects.
THEREFORE, The Board of Public Works adopts the Building Trades' scale of wages as the
common wage determination for "small" projects with an estimated cost of less
than $200,000, as attached hereto and incorporated herein as Exhibit A and
Exhibit B.
So resolved this 24th day of January, 2011.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary Gilot
s/ Donald Inks
s/ Carl Littrell
ATTEST:
s /Linda Martin, Clerk
ADOPT RESOLUTION NO. 12 -2011 — A RESOLUTION OF THE BOARD OF PUBLIC
WORKS OF THE CITY OF SOUTH BEND INDIANA ADOPTING A WRITTEN FISCAL
PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE TOWNSHIP (HENRY ANNEXATION AREA)
Upon a motion made by Mr. Littrell, seconded by Mr. Inks" and carried, the following Resolution
was adopted by the Board of Public Works:
RESOLUTION NO. 12 -2011
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF
SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE TOWNSHIP
(HENRY ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
REGULAR MEETING JANUARY 24 2011 26
Indiana, an Ordinance and a petition by all (100 %) property owners which proposes the
annexation of real estate located in Centre Township, St. Joseph County, Indiana, which is more
particularly described at Page 13 of Exhibit "A" attached hereto; and
WHEREAS, the territory proposed to be annexed encompasses approximately 1.21 acres
of land containing a single family home, which property is at least 12.5% contiguous to the
current City limits, i.e., approximately 21.6% contiguous, generally located near the southwest
corner of Miami Street and Farmington Lane (611 75 Miami Road). It is anticipated that the
annexation area will continue to be used for a single family residence.
The development will require a basic level of municipal public services of a non - capital
improvement nature, including street and road maintenance, street sweeping, flushing, snow
removal, and sewage collection, as well as services of a capital improvement nature, including
street and road construction, street lighting, a sanitary sewer system, a water distribution system,
and a storm water system and drainage plan; and
WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan
and establish a definite policy showing: (1) the cost estimates of services of a non - capital nature,
including street and road maintenance, street sweeping, flushing, and snow removal, and sewage
collection, and other non - capital services normally provided within the corporate boundaries; and
services of a capital improvement nature including street and road construction, street lighting, a
sanitary sewer extension, a water distribution system, and a storm water system to be furnished
to the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non - capital nature will be
provided to the annexed area within one (1) year after the effective date of the annexation, and
that they will be provided in a manner equivalent in standard and scope to similar non - capital
services provided to areas within the corporate boundaries of the City of South Bend, regardless
of similar topography, patterns of land use, and population density; (5) that services of a capital
improvement nature will be provided to the annexed area within three (3) years after the
effective date of the annexation within the same manner as those services are provided to areas
within the corporate boundaries of the City of South Bend regardless of similar topography,
patterns of land use, or population density, and in a manner consistent with federal, state and
local laws, procedures, and planning criteria; and (6) the plan for hiring the employees or other
governmental entities whose jobs will be eliminated by the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the real property described more particularly at Page 13 of Exhibit "A" attached
hereto be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and established that it is the policy
of the City of South Bend, by and through its Board of Public Works, to furnish to said territory
services of a non - capital nature, such as street and road maintenance, street sweeping, flushing,
and snow removal, within one (1) year of the effective date of the annexation in a manner
equivalent in standard and scope to services furnished by the City to other areas of the City
regardless of similar topography, patterns of land utilization, and population density; and to
furnish to said territory, services of a capital improvement nature such as street and road
construction, a street light system, a sanitary sewer system, a water distribution system, a storm
water system and drainage plan, within three (3) years of the effective date of the annexation in
the same manner as those services are provided to areas within the corporate boundaries of the
City of South Bend regardless of similar topography, patterns of land use, or population density.
Section III. That the Board of Public Works shall and does hereby now establish and
adopt the Fiscal Plan, attached hereto as Exhibit "A ", and made a part hereof, for the furnishing
of said services to the territory to be annexed, which provides, among other things, that the
public sanitary sewer and water network is available with capacity sufficient to service this area
with fees for prior main line extensions due upon application for a tap permit and any
improvements in sewer or water capacity to be paid for by the developer in compliance with state
and local law.
REGULAR MEETING
JANUARY 24, 2011 27
Section IV. It is required as a condition of annexation that any future alterations to the
property meet City of South Bend building and zoning requirements.
Adopted the 24th day of January, 2011.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary Gilot
s/ Donald Inks
s/ Carl Littrell
ATTEST:
s /Linda Martin, Clerk
ADOPT RESOLUTION NO. 13 -2011 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND /OR OBSOLETE PROPERTY
Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution
was adopted by the Board of Public Works:
RESOLUTION NO. 13 -2011
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) SAVIN 3828 COPIER — CITY S OFFICE
, ,ITY CLERK' CE
WHEREAS, Indiana Code 5 -22 -22 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 items listed above are no longer needed by the City and/or are unfit for the
purpose for which they were intended and have an estimated combined value of less than five
thousand dollars ($5,000.00).
BE IT FURTHER 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
may be demolished or junked.
ADOPTED this 24th day of JANUARY, 2011.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary Gilot
s/ Donald Inks
s/ Carl Littrell
ATTEST:
s /Linda Martin, Clerk
APPROVAL OF AGREEMENTS /CONTRACTS/PROPOSALS /ADDENDA
The following Agreernents /Contracts /Proposals /Addenda were submitted to the Board for
approval:
Type
Business
Description
Amount
Motion/
Second
Agreement
APM
Water Works' Risk
$4,675.00 (Water
Littrell /Inks
Environmental,
Management Plan and Process
Works
REGULAR MEETING
JANUARY 24 2011 28
Inc.
Safety Management
Operations)
Compliance Implementation &
Review
Agreement
Corporal Scott
Purchase of Police Department
$1.00
Inks /Littrell
Ross
K -9 Unit, "Nikko"
Paid to City
Agreement
Indiana
Renew Preventative
$425.00
Littrell /Inks
Mailing
Maintenance Agreement for
(Water Works
Systems
the Ornation 2100 Letter
Operations }
Opener Purchased in 2008
Agreement
Indiana
Electronic Signature
NIA
Inks /Littrell
Department of
Acceptance for Mark
Environmental
Rzepnicki to Electronically
Management
Report and Sign Hazardous
Chemical Reporting for Eleven.
City Facilities
Contract
JEM Morris
Coveleski Stadium
$966,500.00
Inks /Littrell
Construction,
Improvements — New
(SBCDA TIF)
Inc.
Synthetic Turf Playing Surface
— Project No. 110 -008J
Amendment
Habitat for
Neighborhood Service
NIA
Inks /Littrell
Humanity
Program Construction of Four
Homes — Change in
Completion Time to September
23, 2013
Hold
Dore &
Studebaker Demolition Phase
NIA
Inks /Littrell
Harmless &
Associates,
IV, Bid Package B --- Project
Indemnifica
Inc.
No. 109 -032
tion
Agreement
Supplement
Jones Henry
Clay, Cleveland, and River
$35,000.00
Littrell /Inks
al Proposal
Engineering,
Commons Pump Station
(WWTP O &M)
for
Ltd.
Replacement Engineering —
Professional
Project No. 109 -087
Services
Professional
Malcolm
WWTP Instrumentation &
$39,500.00
Littrell /Inks
Services
Pirnie, Inc.
Control Gap Analysis -- Project
(WWTP 0 &M
Proposal
No. 111 -011
Engineering)
Professional
Grauvogel &
Building 69 Spill Investigation
$5,170.00
Gilot/Littre
Services
Associates
Agreement — Project No. 111-
(Reimbursement
11
Agreement
012
by Loss
Subject to
Recovery Fund -
Funding
MTBE)
Professional
McCormick
Pleasant Street Sewer
$8,000.00 (2010
Littrell /Inks
Service
Engineering,
Separation Phase 2 — Project
Sewer Bond)
Agreement
LLC
No. 109 -029 — Increase Due to
Amendment
Length of Project & Finalizing
Plans
Amendment
South Bend
2010 Contract for Alley
CDBG
Inks /Littrell
Heritage
Reconstruction — Extension of
Foundation
Completion Date to December
31, 2011
Amendment
South Bend
2010 Contract for Center for
CDBG
Inks /Littrell
Heritage
Arts & Culture --- Extension of
Foundation
Completion Date to December
31, 2011
Amendment
South Bend
2010 Contract for Robertson's
CDBG
Inks/Littrell
Heritage
Apartments Rehabilitation
Foundation
Extension of Completion Date
to December 31, 2011
Amendment
Northeast
2010 Contract for Acquisition,
CDBG
Inks /Littrell
Neighborhood
Rehabilitation & Demolition
Revitalization
Program — Extension of
REGULAR MEETING
JANUARY 24, 2011 29
APPROVAL OF PROCESSIONS
The following processions were presented for approval:
Applicant
Organization
Completion Date to December
Location
Motion
Carried
Michiana Celtic
Procession -
31, 2011
West on Jefferson from
Inks /Littrell
Amendment
Northeast
2010 Contract for Program
CDBG
Inks /Littrell
Neighborhood
Delivery — Extension of
Revitalization
Completion Date to December
St. Anthony de
Organization
31, 2011
From Pot awatomi Park,
Littrell /Inks
Amendment
Northeast
2008 Contract for Acquisition
CDBG
Inks /Littrell
School
Neighborhood
& Sustainable Rehabilitation —
North on River Walk,
Association
Revitalization
Extension of Completion Date
and Return
Organization
to December 31, 2011
Amendment
Community
2009 Contract — Extension of
CDBG
Inks /Littrell
Homebuyer's
Completion Date to December
Program
31, 2011
Amendment
Community
2010 Contract — Extension of
CDBG
Inks /Littrell
Homebuyer's
Completion Date to December
Program
31, 2011
Amendment
South Bend
2010 Contract for Owner-
CDBG
Inks /Littrell
Horne
Occupied Housing Rehab
Improvement
Project— Extension of
Program
Completion Date to December
31, 2011
Amendment
Code
2009 Contract for City -Wide
CDBG
Inks /Littrell
Enforcement
Demolition of Dilapidated
Structures within the City —
Extension of Completion Date
to December 31, 2011
Amendment
Code
2009 Contract for Demolition
CDBG
Inks /Littrell
Enforcement
of Vacant/Abandoned Houses
in the NRSA — Extension of
Completion Date to December
31, 2011
Amendment
Center for the
2010 Contract for Rehab
CDBG
Inks /Littrell
Homeless
Building to Establish a Shelter
for Homeless Veterans —
Extension of Completion Date
to December 31, 2011
Agreement
Indiana
Provide New Service at 710
$883.55
Inks /Littrell
Michigan
Arnold St. - Oliver Plow
(AEDA /TIF)
Power
Memorial Trail — Project No.
Company 1
110 -065
APPROVAL OF PROCESSIONS
The following processions were presented for approval:
Applicant
Description
Date /Time
Location
Motion
Carried
Michiana Celtic
Procession -
March 12, 2011;
West on Jefferson from
Inks /Littrell
Society
2011 St.
9:00 a.m. to
Frances St. to Niles Ave.
Patrick's Day
12:30 p.m.
Parade
St. Anthony de
Procession -
April 16, 2011;
From Pot awatomi Park,
Littrell /Inks
Padua Home &
Run, Panther,
7:00 a.m. to
through IUSB Campus,
School
Run!
10:00 a.m.
North on River Walk,
Association
and Return
APPROVE TRANSIENT MERCHANT LICENSE RENEWAL ---- SHIPSHEWANA ON THE
ROAD
Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Building
Department, Fire Department, and the Police Department for a renewal of the above license from
JDL Corporation, 10740 Three Mile Rd., East Leroy, Michigan. The license is being used for the
sale of miscellaneous hand - crafted merchandise at the Century Center in downtown South Bend.
REGULAR MEETING JANUARY 24, 2011 30
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the renewal of the
License was approved.
APPROVE TRANSIENT MERCHANT LICENSE RENEWAL — HUGE GOLF
LIQUIDATION SALE
Mr. Gilot stated that the Board is in receipt of favorable recommendations from the Building
Department, Fire Department, and the Police Department for a renewal of the above license from
Maple Hill Golf, 5555 Ivanrest Avenue SW, Grandville, Michigan. The license is being used for
the sale of miscellaneous golf merchandise at the Century Center in downtown South Bend.
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the renewal of the
License was approved.
FILING OF YEARLY SUMMARY REPORT — DEPARTMENT OF PUBLIC WORKS
The Divisions of Central Services submitted their Yearly Summary Report for 2010. This report
reflects injuries /accidents for each month for the 2010 year, and provides for a comparison. There
being no further discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and
carried, the reports was accepted and filed,
FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS — DEPARTMENT
OF PUBLIC WORKS
The Division of Environmental Services and Central Services submitted their Monthly and
Performance Reports for the month of December, 2010. There being no further discussion, upon
a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the monthly reports were
accepted and filed.
FILING OF SAFETY REPORTS --- DEPARTMENT OF PUBLIC WORKS
The Divisions of Central Services submitted their Safety Report for December 2010. These
reports reflect injuries/accidents for the month and provide for a comparison. There being no
further discussion, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the
report was accepted and filed.
APPROVE AMENDED IRREVOCABLE LETTER OF CREDIT:
Mr. Tony Molnar, Division of Engineering, submitted the following amended Irrevocable Letter
of Credit amending the expiration date to January 31, 2012, and recommended approval:
IRREVOCABLE STANDBY LETTER OF CREDIT NO.: 2544726682
ISSUED BY: MutualBank
FOR: Cleveland Woods Development Co., LLC — Fernwood, Phase
3
AMOUNT: $61,870
EXPIRES: January 31, 2012
IMPROVEMENT: Sanitary Sewer and Municipal Water
Mr. Inks made a motion that the Letter of Credit, as outlined above, be approved. Mr. Littrell
seconded the motion, which carried.
RATIFY RELEASE OF CONTRACTOR BOND
Mr. Anthony Molnar, Division of Engineering, recommended that the following Contractor
Bond be released as follows:
Business
Bond Type
Approve/
Release
Effective Date
Paul Hundt Concrete Contractor, Inc.
Contractor
Release
February 7, 2011
Mr. Littrell made a motion that the Bond's release as outlined above be ratified. Mr. Inks
seconded the motion, which carried.
APPROVE CLAIMS
Mr. Inks stated that a request to pay the following claims in the amounts indicated has been
received by the Board; each claim is fully supported by an invoice; the person receiving the
goods or services has approved the claims; and the claims have been filed with the City Fiscal
Officer and certified for accuracy.
REGULAR MEETING JANUARY 24, 2011 31
Name
Amount of Claim
Date
City of South Bend
$4,297,806.89
01/21/2011
City of South Bend
$1,726,620.08
01/24/2011
City of South Bend
$1,374,177.31
1/17/2011 &
1/19/2011
St. Joseph County Housing Consortium
$5,748.00
12/29/2010
St. Joseph County Housing Consortium
$768.00
12/21/2010
Eddy Street Commons Project /Anon
$120,973.25
01/24/2011
Therefore, Mr. Inks made a motion that after review of the expenditures, the claims be approved
as submitted. Mr. Littrell seconded the motion, which carried.
PRIVILEGE OF THE FLOOR
Mr. Murray Miller, Local No. 645, questioned the Board whether a Project Labor Agreement is
being used for the Coveleski Stadium projects. Mr. Gilot noted that the contractors awarded the
phases of the project that have already been bid were not told they would be subject to a Project
Labor Agreement, so that will not be the case in those phases. He noted that going forward, those
phases that involve multiple trades and tight schedules could benefit from using a PLA. Mr.
Gilot stated he had advised the Mayor that those complex projects with tight schedules, using
multiple trades, would be best suited for a Project Labor Agreement. Mr. Gilot noted that the
Coveleski Main Concourse Construction, approved for advertising today, would be a good
example of one that could use the Project Labor Agreement approach. Attorney Cheryl Greene
stated she would need to research the law on these agreements. Mr. Gilot noted they have been
used previously on such projects as the Public Works Center, and Wastewater Treatment Plant
projects.
Mr. Miller requested the location of the alley in the CDBG reconstruction contract approved by
the Board. Mr. Gilot stated they would look at it and get back to him.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the meeting adjourned at 10:27 a.m.
BOARD OF PUBLIC WORKS
f
'V
Gary A. Gilot, President
}
Donald E. Inks, Member
Carl P. Littrell, Member
ATTEST:
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6nda M. Martin, Clerk