Loading...
HomeMy WebLinkAbout04/09/07 Board of Public Works MinutesG97. PUBLIC AGENDA SESSION APRIL 5, 2007 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on April 5, 2007, by Board President Gary A. Gilot, with Mr. Donald E. Inks present. Mr. Carl P. Littrell was absent. Also present was Board Attorney Thomas Bodnar, and Assistant City Attorney Cheryl Greene. Board of Public Works Clerk Linda M. Martin presented the Board with a proposed agenda of items presented by the public and by City staff. AGENDA ITEMS ADDED - Change Orders -Studebaker National Museum Archives Building -Project No. 103-072A - Agreement -North Distribution System Improvements - DLZ Indiana, LLC - Procession -Chet Waggoner Little League Opening Parade Board members discussed the following item(s) from the agenda: - Safety Reports -Department of Public Works Mr. Jack Dillon, Environmental Services, and Mr. Andy Wierzbicki, Water Works, presented their respective Safety Reports. - Monthly Reports - Department of Public Works Mr. Jack Dillon, Environmental Services and Mr. Andy Wierzbicki, Water Works, presented their respective Monthly Operations and Performance Goals Reports. - Supplemental Agreement No. 3 - Extension of Commerce Drive into Sheridan Avenue/Extension of Voorde Drive to Airport/Sheridan Avenue Improvements from Lincoln Way West to Progress Drive & Drainage Improvements on Lincoln Way West from Maplewood to Sheridan Avenue Mr. Nick Witwer, Community and Economic Development, stated that this was an increase of forty percent to the original contract for the above mentioned project. Mr. Gilot questioned if this should be a separate Agreement due to the large amount of increase. Mr. Bodnar agreed and Mr. Witwer was asked to have Ken Herceg and Associates create an Agreement with the exact wording of this Supplemental Agreement. Ms. Greene, Legal, stated that she would approve the Contract at the regular meeting on Monday, April 9, as long as the wording was exactly the same as in the Supplemental Agreement. - Brownfields Cleanup Fund and Grant Agreement for Remediation of Brownfield at Fredrickson Park North Extension Ms. Ann Kolata, Community and Economic Development, presented the Board with the Contract for the above mentioned project and asked for approval at this Agenda Session. Mr. Inks stated that since he was the Director of the South Bend Redevelopment Commission he would have to abstain from voting. Mr. Gilot stated that they would wait until Monday's meeting to approve the Contract since Mr. Littrell was absent today. - Change Order and Project Completion Affidavit - St. Joseph River Crossing Mr. Gilot stated that this was a disputed claim that Jason Durr, Engineering, reviewed and arbitrated to come up with a reasonable settlement. - Traffic Signal Communication Improvements 2006 Mr. Gilot stated that this increase will be paid for by the Water' Works Department, and billing should be sent directly to them. - Sidewalk Cafe Permit -Jimmy John's Gourmet Sandwiches In a Memorandum, Mr. Littrell noted his concerns that a sidewalk cafe permit for this establishment created. This is a self-serve restaurant and Mr. Littrell is concerned that there will not be anybody cleaning the tables, nor has Jimmy John's indicated the placement of a trash receptacle outside. Mr. Gilot asked the Clerk to request a letter for the Regular meeting from the establishment, indicating how they intend to deal with these issues. - Sidewalk Cafe Permit -Club NoMa In a Memorandum, Mr. Littrell noted that the placement of the sidewalk cafe as presented to the Board is in a public walkway that was originally designed to create a walkway to the public parking garage. He is also concerned with the construction of the All- American Plaza next to this sidewalk cafe. This could cause noise and dust problems for patrons of the restaurant, and if the Plaza wants to use the walkway for access to the parking garage, it could cause future problems. Mr. Littrell also questioned the use of the entire alley and stated that Club NoMa does not own the entire property. Mr. Gilot ~~`~" PUBLIC AGENDA SESSION APRIL 5, 2007 requested Mr. Inks to have Jennifer Laurent, Community and Economic Development, speak to the owners and answer these concerns for Monday's meeting. APPROVAL OF ADDENDA The following Addenda was submitted to the Board for approval: TYPE BUSINESS DESCRIPTION AMOUNT MOTION/ SECONDED Addendum Chamber of Director of Existing No Change Inks/Gilot Commerce of Business Development St. Joseph Position -Change in County Reporting Requirements (Cit of South Bend) 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 12:25 pm. BOARD OF PUBLIC WORKS /~~' (1 Gary A. Gilot, President 1 C' Carl P. Littrell, Member D ald E. Inks, Member ATTEST: ~~ ~-y~~,~_. da M. Martin, Cle c REGULAR MEETING APRIL 9, 2007 The regular meeting of the Board of Public Works was convened at 9:37 a.m, on Monday, April 9, 2007, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the Agenda Session, Regular Meeting and Special Meeting of the Board held on March 22, March 26 and Apri12, 2007, were approved. OPENING OF PRE-QUALIFICATIONS -EXTERIOR FACADE REHABILITATION - 101 NORTH MICHIGAN STREET BUILDING - PROJECT NO. 107-031 (DOWNTOWN TIFF This was the date set for receiving and opening of sealed pre-qualifications 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 pre-qualifications were opened: REGULAR MEETING CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Pre-Qualification Application was signed by: Mr. R.V. Casteel ZIOLKOWSKI CONSTRUCTION. INC. 1005 South Lafayette Blvd. South Bend, Indiana 46601 Pre-Qualification Application was signed by: Mr. Bill Favors MAJORITY BUILDERS 62900 U.S. 31 South South Bend, Indiana 46614 Pre-Qualifcation Application was signed by: Mr. Rick Slagle SLATILE ROOFING AND SHEET METAL COMPANY. INC 1703 South Ironwood Drive South Bend, Indiana 46613 Pre-Qualification Application was signed by: Mr. Gerald Longerot APRIL 9.2007 v ~; 9 WESTERN WATERPROOFING DBA NORTHWESTERN WATERPROOFING COMPANY, INC. 13800 Eckles Livonia, Michigan 48150 Pre-Qualification Application was signed by: Mr. William A. Darin Upon a motion made by Mr. Littxell, seconded by Mr. Inks, and tamed, the pre-qualifications were referred to the Community & Economic Development Department and Engineering for review and recommendation. OPENING OF QUOTATIONS -YARD LAMPPOST PROGRAM 2007 -PROJECT NO. 107- 034 (GENERAL FUND) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: TRANS TECH ELECTRIC, L.P. 4601 Cleveland Road South Bend, Indiana 46628 Quotation was submitted by Mr. John Ferro QUOTATION: $332.30 per installation TOTAL: $49,845.00 GARMAN ELECTRIC 1118 Forest Avenue Mishawaka, Indiana 46545 Quotation was submitted by Mr. Kenneth Wagner QUOTATION: $490.00 per installation TOTAL: $73,500.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to Engineering for review and recommendation. OPENING/AWARD OF QUOTATIONS - EDISON WELL #3 REPLACEMENT DRIVE (WATER WORKS CAPITAL) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. The following Quotations were opened and read: REGULAR MEETING u Q BENDER ELECTRIC 19636 Allegheny Street Cassopolis, Michigan 49031 Quotation was submitted by Mr. Malvern Bender QUOTATION: $6,000.00 HERRMAN & GOETZ, INC. 225 South Lafayette Boulevard South Bend, Indiana 46601 Quotation was submitted by Mr. George Ernsperger, Jr. QUOTATION: $8,310.00 TRANS TECH ELECTRIC, L.P. 4601 Cleveland Road South Bend, Indiana 46628 Quotation was submitted by Mr. John Ferro QUOTATION: $7,510.00 APRIL 9, 2007 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above Quotations were referred to Water Works Department for review and recommendation. After reviewing those quotations, Mr. John Wiltrout, Water Works, recommends that the Board award the contract to the lowest responsive and responsible bidder, Bender Electric, 19636 Allegheny Street, Cassopolis, Michigan 49031, in the amount of $6,000.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. OPENING/AWARD OF QUOTATIONS -SOUTH WELL FIELD & CLEVELAND WELL FIELD COMMUNICATIONS EQUIPMENT -PROJECT NOS. 107-021 & 107-023 (WATER WORKS BOND) Mr. Gilot advised that this was the date set for the receiving and opening of sealed Quotations for the above referenced project. There was only one Quote received. Mr. Wiltrout, Water Works, stated that he had been notified that Peerless Midwest had sent a Quote also. The Clerk checked to see if a Quote had come in, and found that it had not. The following Quotation was opened and read: BENDER ELECTRIC 19636 Allegheny Street Cassopolis, Michigan 49031 Quotation was submitted by Mr. Malvern Bender QUOTATION: $73,520.00 Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above Quotation was referred to Water Works for review and recommendation. After reviewing this quotation, Mr. John Wiltrout, Water Works, recommends that the Board award the contract to the lowest responsive and responsible bidder,` Bender Electric, 19636 Allegheny Street, Cassopolis, Michigan 49031, in the amount of $73,520.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above, subject to financing. Mr. Inks seconded the motion, which carried. AWARD BID -INFRARED PAVEMENT PATCHING 2007 -PROJECT NO. 107-026 L( RSAj Mr. Rob Nichols, Engineering, advised the Board that on March 26, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Nichols recommends that the Board award the contract to the lowest responsive and responsible bidder, Asphalt Restoration Services, South Bend, Indiana in the amount of $159.93 per patch not to 1 1 1 REGULAR MEETING APRIL 9.2007 exceed $247,891.50. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BIDS -SALE OF ABANDONED VEHICLES In a letter to the Board, Mr. Gary Libbey, Code Enforcement, advised the Board that on March 26, 2007, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the contract to the lowest responsive and responsible bidders as follows: INDIANA AUTO PARTS 3300 South Main Street South Bend, Indiana 46614 BID: No. Make of Vehicle Year Bid 1 Blue Ford Festiva 1990 $180.50 5 Black Daewoo Nubira 1999 $301.50 6 Blue Dod e Caravan 1994 $201.50 7 Red Chevrolet Corsica 1988 $180.50 10 Gra H ndai Accent 1996 $201.50 12 Teal Pontiac Sunbird 1994 $180.50 14 Blue Dod e Caravan 1995 $301.50 15 Gra Buick Re al 1988 $201.50 16 Green Dod e Intre id 1993 $201.50 18 Blue Pl mouth Sundance 1989 $180.50 19 Black Chevrolet S-10 1988 $180.50 TOTAL $2,311.50 TERRY'S AUTO SALVAGE 1926 Tamarack Road Walkerton, Indiana 46574 BID: 1 2 White Chevrolet Ca rice 1989 $202.00 3 Silver Lincoln Town Car 1989 $226.00 4 Blue To ota Corolla 1995 $257.00 8 Blue Chevrolet Suburban 1984 $326.00 9 Red Isuzu Troo er 1991 $256.00 13 Silver Pontiac Bonneville 1993 $226.00 20 Red Dod a Da ona 1991 $202.00 21 Black Oldsmobile Cutlass Ciera 1988 $202.00 22 Green H dai Sonata 1993 $202.00 TOTAL $2099.00 MR. JOE SHELLEY 22500 Kern Road South Bend, Indiana 46614 BID: No. Make of Vehicle Year Bid 17 Teal Blue Pl outh Vo a er 1997 $450.00 23 Blue Chevrolet Cavalier 1994 $300.00 TOTAL $750.00 MR. DAVID SWARTZ 61384 Oak Road South Bend, Indiana 46614 REGULAR MEETING ,_ ``'2 ~` v BID: APRIL 9.2007 No. Make of Vehicle Year Bid 11 Green Dod e Neon 1997 $350.00 TOTAL $350.00 THEODORE E. KRUSZKA 1906 South Walnut Street South Bend, Indiana 46613 BID: No. Make of Vehicle Year Bid 24 Blue Oldsmobile Ciera 1995 $250.00 TOTAL $250.00 Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD QUOTATION -WATER WORKS SECURITY UPGRADES (WATER WORKS BOND Mr. David Tungate, Water Works, advised the Board that on February 8, 2007, quotations were received and opened for the above referred to project. After reviewing those quotes, Mr. Tungate recommends that the Board award the contract to the lowest responsive and responsible bidder, Trans Tech Electric, L.P., 4601 Cleveland Road, South Bend, Indiana 46628 in the amount of $4,254.00. Mr. Gilot noted that although Tyco Fire and Security submitted a lower Quote, they did not quote on all items, as required in the Request for Quotes, making their Quote a non-responsive Quote. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. 1 REJECT BIDS - ENGMAN NATATORIUM RENOVATION AND ADDITION PHASE 3-A - PROJECT NO. 107-029 In a memorandum to the Board, Mr. Carl Littrell, Engineering, stated bids were received on March 26, 2007 for the above referred to project. After reviewing those bids, Mr. Littrell, recommends that the Board reject all bids. The lowest base bid is not within the budgeted amount. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the bids were rejected. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS.- GRANULAR ACTIVATED CARBON AND ABSORPTION/FILTRATION SERVICES -PROJECT NO. 107-037(WATER WORKS CAPITAL) In a memorandum to the Board, Mr. John Wiltrout, Division of Water Works, requested permission to advertise for the receipt of bids for the above referenced services. 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 PROPOSALS PRINTING SERVICES (DEPARTMENTAL) In a memorandum to the Board, Mr. Matt Chlebowski, Division of Central Services, requested permission to advertise for the receipt of proposals for the above referenced services. 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 PROPOSALS - STREET MATERIALS 2007 - PROJECT NO. 107-038 (LRSA) In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of proposals for the above referenced services. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. REGULAR MEETING APRIL 9, 2007 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF PROPOSALS - PORTAGE ROAD SANITARY SEWER EXTENSION TO BRICK ROAD -PROJECT NO. 106-080 (2006 SEWER BOND) In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to advertise for the receipt of proposals for the above referenced services. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above request was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF PROPOSALS - ENGMAN NATATORIUM ADDITIONS AND RENOVATION, PHASE 3A -PROJECT NO. 107-029 (WEST WASHINGTON TIF) In a memorandum to the Board, Mr. Carl Littrell; Engineering, requested permission to advertise for the receipt of proposals for the above referenced services. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVE CHANGE ORDER (FINAL) - TRAFFIC SIGNAL COMMUNICATION IMPROVEMENTS 2006 (TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the final Change Order on behalf of Trans Tech Electric, L.P., Post Office Box 3915, South Bend, Indiana 46619, indicating that the Contract amount be increased $16,300.00 for a new Contract sum including this Change Order in the amount of $304,610.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the Change Order was approved. 1 APPROVE CHANGE ORDERS - STUDEBAKER NATIONAL MUSEUM ARCHIVES BUILDING - PROJECT NO. 103-072A (INDOT/FHWA) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Orders No. 1,2,3,4,5, and 6 on behalf of Kaser-Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana 46619, indicating that the Contract amount be increased in the net amount of $9,512.81 for a new Contract sum including these Change Orders in the net amount of $1,380,962.81. Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the following Change Orders were approved: -0ri final Contract'Amount `..$1;371;450.00 Change Order No. Increase/Decrease Amount 1 Decrease ($29,625.90) P ose: Pa Items for Revised Storm Sewer S stem 2 Increase $14,140.00 Purpose: Roof Reinforcement 3 Increase $7,227.00 P ose: Under ound Tank Removal 4 Increase $4,850.91 P ose: Electric Service U rade 5 Increase $10,573.00 Pu ose: Security & Fire Monitoring S stem 6 Increase $2,347.80 P ose: Chain Link Fence Enclosure Net Percent'Increase :69% Net Increase Amount $9;512.81 New Contract Amount - $1;380;962.81 APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - ST. JOSEPH RIVER CROSSING - PROJECT NO. 103-045 Mr. Gilot advised that Mr. Jason Durr, Engineering, has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $12,572.43 for a new contract sum including this Change Order in the amount of $220,612.18. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. REGULAR MEETING APRIL 9, 2007 ~' ~~-~ -` " RESCIND PROJECT COMPLETION AFFIDAVIT/SUBMITTAL OF NEW PROJECT COMPLETION AFFIDAVIT -PARKING GARAGE NO. 1 PHASE 3 -PROJECT NO. 105- 076 (COIT/BOND ISSUEI In a memorandum to the Board, Mr. Toy Villa, Engineering, submitted a request on behalf of Kaser-Spraker Construction, Inc. to rescind the Project Completion Affidavit approved February 12, 2007 for the above-referenced project. The Project Completion Affidavit amount was $2,682.90 more than the correct contract amount. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to rescind the original Project Completion Affidavit was approved. Mr. Villa submitted anew Project Completion Affidavit in the amount of $1,031,084.10, the correct final cost. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the new Project Completion Affidavit in the amount of $1,031,084.10 was approved. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: TYPE BUSINESS DESCRIPTION AMOUNT MOTION/ SECONDE D Addendum Institute for Public Promotion Testing for Increase Littrell/Inks Safety Personnel, Captaincy Original by Inc. $1,700.00 Agreement South Bend Brownfields Cleanup $176,000.00 Gilot/Littrell Redevelopment Revolving Loan Fund Loan - 28 - Commission Agreement and Grant month term Mr. Inks Agreement for and 1 % Refrained Remediation of Interest - from Voting Brownfield at Fredrickson $100,000.00 due to his Park North Extension - Grant (To the position as Apri15, 2007 to July 31, City of South Director of 2009 (Brownfields Bend) the Revolving Loan Fund) Redevelopm ent Commission Agreement Peerless Midwest Assess Potential Irnpact of $2,500.00 Gilot/Littrell Dewatering on Angela Boulevard upon North Station Well Field Professional Services) Agreement DLZ Indiana Olive/Pine/Lincolnway Phase I - Gilot/Inks Widening & $502,900.00 Reconstruction (Fund Phase II - 324) - Phase I and Phase $303,750.00 II Agreement DLZ Indiana Olive/Pine area Water and $12,900.00 Gilot/Inks Sanitary Sewer Service Evaluation Fund 324) Agreement Bonestroo, Inc. Professional Services - $25,000.00 Gilot/Inks South Pressure Zone Analysis -Design of Water Main Ca ital) Amendment 3 Symbiont Angela River Crossing #5 $127,450.00 Gilot/Littrell -Project No. 105-017 - Final Design/Bidding/Construc- tion Related Services 2006 Sewer Bond) Construction Underground Edison Well #3A $6,030.00 Gilot/Littrell Contract Services Replacement -Project No. 107-027 (Water Works Bond 1 1 REGULAR MEETING APRIL 9, 2007 ~, y 1 TYPE BUSINESS DESCRIPTION AMOUNT MOTION/ SECONDE D Construction Walsh & Kelly, 2007 Concrete Patches for Unit Prices Inks/Littrell Contract Inc. Utility Cuts -Project No. Not to Exceed 107-005 De artments $642,500.00 Construction Henry-CAP South Well Field $1,064,000.00 Gilot/Littrell Contract Construction Treatment Plant Upgrade -Bid Package 1B - Project No. 107-021 (Water Works Revenue Bond Construction J&L Management Demolition of 52097 $14,500.00 Inks/Littrell Contract Olive Road -Project No. 107-OOlA (AEDA TIF) Supplemental Ken Herceg & Voorde Drive, Commerce $183,211.00 Littrell/Inks Agreement No. Associates Drive and Sheridan Drive 3 Engineering and Drainage for the Commerce/Sheridan Area (Fund 324) Agreement DLZ Indiana, LLC North Distribution System $43,100.00 Inks/Littrell Improvements -Design of Water Main Extension on Juni er Road ADOPT RESOLUTION NO. 12-2007 - A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE TRANSFER OF REAL PROPERTY FROM SOUTH BEND REDEVELOPMENT COMMISSION 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. 12-2007 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, pursuant to Ind. Code 36-7-14-3, the South Bend Redevelopment Commission is the governing body of the City of South Bend, Department of Redevelopment and, pursuant to Ind. Code 36-7-14-12.2 may dispose of property; WHEREAS, the Commission is the owner of the following described real property situated in St. Joseph County, Indiana: The South Half of Lot Numbered Sixteen (16) as shown n the recorded Plat of the South Bend and Gary Land Company's Plat, an addition to the City of South Bend, recorded June 1, 1909 in Plat Box 9, page 106, in the Office of the Recorder of St. Joseph County, Indiana. (Tax Key No. 18- 8029-1208). (hereinafter referred to as the "Real Property"), and; WHEREAS, the City of South Bend, Indiana ("City") hereby expresses its desire to acquire the Real Property from the Commission; and WHEREAS, the Commission desire to transfer the Real Property to the City; and WHEREAS, the care, custody and control of City-owned real property is vested its the Board of Public Works ("Board") pursuant to I.C. 36-9-6-3 and 36-1-11-1, et seq.; and REGULAR MEETING ;. APRIL 9.2007 '' 6 -~ ~ WHEREAS, pursuant to I.C. 36-7-14-3, the Commission and the Board may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity. NOW, THEREFORE, BE IT RESOLVED by the Board Public Works for the City Of South Bend, Indiana as follows: 1. 1. The transfer of the following-described Real Property situated in St. Joseph County, Indiana by the Commission to the City of South Bend, Indiana, shall be, and hereby is, accepted, subject to the adoption of a resolution by Commission that is substantially identical in its terms and conditions to this resolution: The South Half of Lot Numbered Sixteen (16) as shown n the recorded Plat of the South Bend and Gary Land Company's Plat, an addition to the City of South Bend, recorded June 1, 1909 in Plat Box 9, page 106, in the Office of the Recorder of St. Joseph County, Indiana. ('l'ax Key No. 18- 8029-1208). 2. Upon receipt of a fully executed quitclaim deed to the Real Property from Commission, the Clerk of the Board of Public Works of the City of South Bend, Indiana is hereby authorized and directed to cause the recording of said quitclaim deed(s) in the Office of the St. Joseph County Recorder. 3. This Resolution shall be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 9, 2007, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot, President s/ Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Linda M. Martin, Clerk RESOLUTION N0.13-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, BOARD OF PUBLIC WORKS APPROVING A TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMIVIISSION WHEREAS, pursuant to Indiana Code 39-9-6-3, the Board of Public Works ("Board") has custody of and may maintain all real property of the City of South Bend; and WHEREAS, the Board has heretofore acquired title and interest to certain real property situated in the City of South Bend, St. Joseph County, Indiana, said property being more specifically described at Exhi6itA attached hereto and incorporated herein ("Property"); and 1 1 1 WHEREAS, the South Bend Redevelopment Commission ("Commission") is the governing body of the City of South Bend Department of Redevelopment and pursuant to Indiana Code § 36-7-14-19, the Commission may acquire interests in property; and Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: ~r REGULAR MEETING APRIL 9, 2007 ~` ~' WHEREAS, the Board desires to transfer the Property to the Commission for use in a redevelopment project located within an area of the City of South Bend that the Commission has previously designated as the Airport Economic Development Area; and WHEREAS, pursuant to Indiana Code 36-1-11-1(b), the City, acting by and through the Board, and the Commission may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity. THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana as follows: Section 1. The transfer of any and all interests of the City of South Bend in the real property more specifically described at Exhibit A to the South Bend Redevelopment Commission shall be and hereby is approved. Section 2. The Mayor of the City of South Bend and the South Bend City Clerk are hereby respectively authorized to execute and attest to the delivery of a quit claim deed conveying all of the City of South Bend's rights, title and interests in the Property to the South Bend Redevelopment Commission. Section 3. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. Adopted at a meeting of the Board of Public Works of the City of South Bend held on Apri19, 2007 at 1308 County-City Building, 227 West Jefferson Blvd. South Bend, Indiana. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot, President s/ Carl P. Littrell, Member s/ Donald E. Inks, Member ATTEST: s/Linda M. Martin, Clerk ADOPT RESOLUTION NO. 14-2007 - A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA CONCERNING COMPOST FEES Mr. Gilot stated that this was the opening of the Public Meeting and asked if there was anyone present who wished to speak out about the adoption of Resolution Number 14-2007 concerning the charges of late payment fees. There wasn't anyone present who wished to speak, so Mr. Gilot stated that the Public Meeting was closed. 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. 14-2007 A RESOLUTION OF THE BOARD OF PUBLIC WORKS CONCERNING COMPOST FEES WHEREAS, I.C. 5-22-22-7 authorizes the Board of Public Works, as purchasing agency for the City of South Bend, to sell material that may be recycled and has been collected in conjunction with a recycling program at a public or private sale without advertising; and WHEREAS, Section 16-26 of the Municipal Code of the City of South Bend establishes the tipping charges for the sale of materials by the Organic Resource facility, but authorizes the Board of Public Works to adjust and change those charges; and WHEREAS, it would be unjust to require the taxpayers of the City of South Bend or those who pay cash for recycled yard waste to bear the cost of past due accounts; and WHEREAS, a public hearing has been held this 9th day of April, 2007 on this issue. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND that: REGULAR MEETING .~ ~ ~L APRIL 9, 2007 1. Customers for recycled yard waste who are thirty (30) days past due will be assessed a late fee of 10% for the first $3.00 and 3% for amounts in excess of $3.00, and an identical late payment fee shall be assessed on any remaining monies every thirty (30) days thereafter; 2. While this charge shall apply only to charges incurred after today's date, all payments received by the City of South Bend Organic Resources facility on accounts now past due shall be applied first to the amounts currently due. Dated this 9th day of April, 2007. s/ Linda M.Martin, Clerk CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot, President s/ Carl P. Littrell, Member s/Donald E. Inks, Member The following street closures, processions and license application renewals were approved: REQUEST SPONSOR LOCATION/ DATE/TIlVIE MOTION/ EVENT CARRIED License Renewal - The Spa at 224 West Colfax Inks/Littrell Massage Colfax Avenue Establishment License Renewal - Employee 1045 West Sample June 14, 2007 Inks/Littrell Open-Air Holiday Party Street (Division of Business Fund Raiser Central Services Garage) -Chicken Sale Procession River Park River Park Day May 19, 2007 - Inks/Littrell Business Parade 9:30 a.m. to Association 11:00 a.m. Procession Mazch of Walk America 2007 Apri128, 2007 - Inks/Littrell Dimes 7:30 a.m. to 9:30 a.m. Procession Juvenile Walk to Cure September 23, GilotlInks - Diabetes Diabetes 2007 -12:00 Subject to Research p.m. to 4:00 p.m. Police Foundation Requirement that they cross at intersection with traffic si nal. Procession Michiana Night Moves SK & 1 July 13, 2007 - Inks/Littrell YMCA Mile Kids Run 5:30 p.m. to 8:30 .m. Procession South Bend Annual Riverside 4 July 7, 2007 - Inks/Littrell Pazks & Larry Morningstar 7:45 a.m. to 9:00 Recreation Run a.m. De artment Sidewalk Cafe Jimmy John's 138 South Michigan Mondays- LittxelUInks Permit Gourmet Street Fridays 10:00 -Subject to Sandwiches a.m. to 6:00 Coordinating p.m./Saturdays trash 10:00 a.m. to receptacle 1 1 1 REGULAR MEETING APRIL 9.2007 ~ ~' ~~ 1 REQUEST SPONSOR LOCATION/ DATE/TIME MOTION/ EVENT CARRIED 3:00 p.m. with Community Develo went Street Closure Morns Fridays by the June 8 & 22, Littrell/Inks Performing Fountain -Michigan 2007, July 6 & Arts Center from LaSalle to 20, 2007, August Colfax 3 & 17, 2007 - 10:00 a.m. to 3:00 .m. Street Closure 808 West West LaSalle from April 14, 2007 - Gilot/Inks LaSalle Cushing to Seebert - 1:00 p.m. to 8:00 (Theresa Birthday Party p.m. Grove Procession Chet Waggoner Chet Waggoner Apri128, 2007 - Gilot/Littrell Little League Little League 7:00 a.m. - 8:30 O enin Da Parade a.m. APPROVE SIDEWALK CAFE PERMIT -CLUB NOMA Mr. Bill Lamie, with The All American Plaza, stated that he had spoken with Jennifer Laurent, Economic Development, and had some concerns .with the proposed Sidewalk Cafe at Club NoMa, 119 North Michigan Street, next to his proposed development. He requested that a survey of the property be done prior to the Sidewalk Cafe being constructed to confirm that it would not cross property lines, or impede on public access property. He stated that he had concerns for future use of the walkway, and thought that the Sidewalk Cafe could be a source of problems in the future. Mr. Littrell stated that this was a one year permit, subject to renewal, and since construction of the All American Plaza would not start until after the expiration of this year's permit, he recommends the Board approve the permit for this year. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Sidewalk Cafe Permit was approved for April 1, 2007 through October 31, 2007, subject to coordinating with Jennifer Laurent, Economic Development, a survey of the property. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE -APPROXIMATELY 800 FEET SOUTH OF CLEVELAND ROAD ON THE WEST SIDE OF OLIVE ROAD -WATER Mr. Gilot stated that the Board is in receipt of Consent to Annexation and Waiver of Right to remonstrate as submitted by Mr. and Mrs. Jimmy and Jackie Beckett. The Consent indicates that in consideration for permission to tap into public water system of the City, to provide water service to 53141 Olive Road, South Bend, Indiana 46628, (Key #004-1020-0332), the Beckett's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Inks made a motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. FILING OF SAFETY REPORTS -DEPARTMENT OF PUBLIC WORKS The Division of Environmental Services, Street Department, Division of Engineering, and Water Works submitted Safety Reports for March 2007. These reports reflect injuries/accidents for each month and provide for a comparison. There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the reports were accepted and filed. FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS -DEPARTMENT OF PUBLIC WORKS The Department of Water Works and Environmental Services submitted their Monthly and Performance Reports for the month of March 2007. There being no further discussion, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the monthly reports were accepted and filed. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following traffic control devices were approved: REGULAR MEETING .~ , y .i. 0 NEW INSTALLATION: LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: APRIL 9, 2007 Handicapped Accessible Parking 1641 North Adams All criteria has been met Handicapped Accessible Parking. 1212 Humboldt All criteria has been met FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the following Certificates of Insurance were accepted for filing: J&L Management Corporation Mt. Clemens, Michigan Air Comfort Corporation Broadview, Illinois Knapick Enterprises, LLC DBA Jimmy John's Portage, Michigan APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor and Excavation Bonds be approved and/or released as follows: BOND OF CONTRACTOR Mitschelen & Associates Brooks Construction Company, Inc. Willy J. Clark B&T Excavating, LLC BOND OF EXCAVATION Mac Trench Services, LLC Brooks Construction Company, Inc. Earth Exploration, Inc. Release Effective Apri127, 2007 Release Effective Apri123, 2007 Release Effective June 16, 2007 Release Effective May 20, 2007 Approved March 28, 2007 Pursuant to Resolution 100-20000 Release Effective Apri123, 2007 Release Effective May 29, 2007 Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mr. Littrell seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the board for approval: Name Amount of Claim Date Ci of South Bend $1,007,356.57 4/2/07 St. Jose h Coun Housin Consortium $1,875.76 3/7/07 St. Jose h Coun Housin Consortium $3,087.00 3/7/07 St. Jose h Coun Housin Consortium $107,310.81 3/7/07 St. Jose h Coun Housing Consortium $12,400.00 3/13/07 Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. H.C. Calwell, The Center for the Homeless, questioned when the Lawn Mowing Bid would be awarded for the City lots. Mr. Gilot explained that the funding needed to be in place before the Board could award and asked the Clerk to schedule a Special Meeting on April 12, 2007 to award the Lawn Mowing Bids and the Vehicle bids. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the meeting adjourned at 10:46 a.m. 1 1 1 i ~ REGULAR MEETING APRIL 9.2007 BOARD OF PUBLIC WORKS Gary A. Gilot, President ~G~~ Carl P. Littrell, Member ~~~ Donald E. Inks, Member ATTEST: Li da M. Martin, erk 1 1