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HomeMy WebLinkAbout05/29/07 Board of Public Works Minutes PUBLIC AGENDA SESSION MAY 24.2007 The Public Agenda Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, May 24, 2007 by Board President Mr. Gary A. Gilot, with Board Member Mr. Carl P. Littrell present. Board Member Mr. Donald E. Inks 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. AGENDA ITEMS REMOVED ' - Grant Agreement -Workforce Development Group, Inc. - Street Closure -City Celebration -Fun by the Fountain -Duplicated on Agenda Board members discussed the following items from that list: - Edison Well House No. 3A Building Addition -Project No. 107-027A Mr. John Wiltrout, Water Works, stated that they had anticipated the quotes coming in at under $50,000.00, but they came in much higher. Therefore, Mr. Wiltrout is recommending that the quote be awarded to the lowest quote, for a metal constructed building, rather than a masonry constructed building. Mr. Gilot stated that he would prefer that they spend the little extra and build a masonry building that would be more aesthetically appealing and last longer. He noted that the trend for the City is to build better buildings, not cheaper buildings. Mr. Gilot stated that he is also concerned that if they construct a metal building, the neighbors will be upset. Mr. Wiltrout stated that he may need to pull the award from the agenda while they look for ways to come up with the funding since they were already over their anticipated expense. - Monthly Performance and Goals Report Mr. Al Miller, Central Services, presented his Monthly Performance and Goals Report for his division. - Resolution No. 17-2007. Mr. George Adler, Community and Economic Development, stated this was a Resolution for adopting a Fiscal Plan and establishing a policy for the provision of services to an ' annexation area in Centre Township at Pulling Street and U.S. 31. - Addendum -Near Northwest Neighborhood, Inc. Ms. Liz Maradik, Community and Economic Development, stated this was just a time extension to an existing agreement. -Self Propelled, Chassis Mounted Slinger Manure Spreader Mr. Al Greek, Environmental Services, asked if there were any concerns about the award of the bid for the above mentioned equipment. Mr. Gilot stated that the City has a blanket Umbrella Lease, and due to the expense involved in purchasing the above mentioned equipment, it should be awarded as a Lease Purchase. - Aesthetic Bridge Enhancement Phase II -Project No. 106-033A Mr. Littrell noted this Bid should be awarded subject to financing by Transpo. APPROVAL OF AGREEMENT The following Agreement was submitted to the Board for approval: TYPE BUSINESS DESCRIPTION AMOUNT MOTION/ SECONDED Development Historic Development $600,00.00 Gilot/Littrell Agreement Landmarks Agreement By and Foundation of Between the South Indiana Bend Redevelopment Commission Concerning the former Education Center of the South Bend Community School Corporation (TIF) 1 APPROVAL OF STREET CLOSUREBLOCK PARTIES The following street closures and processions were presented for approval: ~~~ 1 PUBLIC AGENDA SESSION MAY 24.2007 Sponsor Description Date/Time Location Motion Carried Webster, Luella Neighborhood May 26, 2007 - Howard Street Gilot/Littrell (701 East Block Party - 1:00 p.m to from St. Louis Howard Street) Celebration of 7:00 p.m. to St. Peters New Home Built on Family Pro ert City of South City May 29, 2007 - North Michigan Gilot/Littrell Bend Celebration/ 4:00 p.m. to Street, between Fun by the 8:00 p.m. Colfax and St. Fountain Jose h Streets ADOPT RESOLUTION NO. 19-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND INDIANA. BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION N0.19-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ACCEPTING THE TRANSFER OF REAL PROPERTY FROM THE SOUTH BEND COMMUNITY SCHOOL CORPORATION WHEREAS, the South Bend Community School Corporation (the "School Corporation") is the owner of the Education Center located at the southwest corner of Main and South Streets ' and the southeast corner of Main and Bronson Streets within the City of South Bend, St. Joseph County, Indiana together with the parking lots associated with the same (the Education Center and related parking lots being collectively hereinafter referred to as the "Education Center") which is more particularly described at Exhibit A, attached hereto and incorporated herein; and WHEREAS, the care, custody, and control of the School Corporation real estate is vested in the Board of School Trustees of the School Corporation (the "School Board") pursuant to Indiana Code 20-26-5-4; and WHEREAS, the School Corporation, the City of South Bend, Indiana Board of Public Works (the "Board of Works"), and the South Bend Redevelopment Commission ("Commission") are parties to a certain Amended and Restated Agreement ("Amended Agreement") having an effective date of November 19, 2004 and a certain First Addendum to the Amended and Restated Agreement (the Amended Agreement and First Addendum collectively referred to hereafter as the "Agreements") having an effective date of June 26, 2006; and WHEREAS, the Agreements include certain terms and conditions related to the disposition of the Education Center; and WHEREAS, one of the terms and conditions is that the Historic Landmarks Foundation of Indiana ("HLFI") shall be afforded the reasonable opportunity to identify an economically viable plan for the redevelopment of the Education Center by HLFI or a third party; and ' WHEREAS, the First Addendum defines "economically viable" to mean that a ready, willing and able purchaser has been identified; a written agreement has been fully executed with the prospective purchaser and there is a sufficient financial commitment to permit both the purchase and redevelopment plan for the Education Center to commence on or before July 1, 2007; and WHEREAS, HLFI has entered into an agreement with a developer providing for the redevelopment of the Education Center; and ~U PUBLIC AGENDA SESSION MAY 24, 2007 WHEREAS, the Commission has determined that the proposed development of the Education Center meets the definition of economically viable set forth in the First Addendum; and WHEREAS, in accordance with the Agreements, the School Corporation desires to relinquish its interest in the Education Center by transferring said interest to the City of South ' Bend, Indiana (the "City"), so that the City, by and through the Board of Works, may take the necessary actions to provide for redevelopment of the Education Center; and WHEREAS, Indiana Code § 36-1-11-8 permits the City and the School Corporation to transfer property upon terms and conditions agreed upon by the entities as evidenced by the adoption of a substantially identical resolutions by the Board of Works and the School Board; WHEREAS, the School Corporation has adopted or will adopt a resolution substantially equivalent to this resolution setting forth the terms and conditions of this transfer of the Education Center between the School Corporation and the City. WHEREAS, the Board of Works desires to accept the Education Center pursuant to the terms of the Agreements to provide for reuse of the Education Center, which is in the best interest of the City;. NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana Board of Public Works, as follows: Section 1. The Board of Works hereby approves the transfer of the Education Center from the School Corporation and accepts the transfer said Education Center in accordance with the Agreements. Section 2. Such transfer shall be accomplished by quit claim deed executed by the , School Board and the President and/or the members Board of Works in the form set forth at Exhibit B. Section 3. This resolution shall be in full force and effect after its adoption by the Board. Adopted at a meeting of the City of South Bend, Indiana, Board of Public Works held on May 24, 2007, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member ATTEST: s/Linda Martin, Clerk ADOPT RESOLUTION NO. 20-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND, ' INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO HISTORIC LANDMARKS FOUNDATION OF INDIANA, INC. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION N0.20-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO HISTORIC LANDMARKS FOUNDATION OF INDIANA, INC. ~.~~ PUBLIC AGENDA SESSION MAY 24, 2007 WHEREAS, a certain property, previously known as the Education Center for the South Bend Community School Corporation (the "School Corporation"), is located at the southwest corner of Main and South Streets and the southeast corner of Main and Bronson Streets within the City of South Bend, St. Joseph County, Indiana together with the parking lots associated with the same (the Education Center and related parking lots being collectively hereinafter referred to as the "Education Center") which is more particularly described at Exhibit A, attached hereto and incorporated herein; and ' WHEREAS, the School Corporation, the City of South Bend, Indiana Board of Public Works (the "Board of Works"), and the South Bend Redevelopment Commission ("Commission") are parties to a certain Amended and Restated Agreement ("Amended Agreement") having an effective date of November 19, 2004 and a certain First Addendum to the Amended and Restated Agreement (the Amended Agreement and First Addendum collectively referred to hereafter as the "Agreements") having an effective date of June 26, 2006; and WHEREAS, the Agreements include certain terms and conditions related to the disposition of the Education Center; and WHEREAS, one of the terms and conditions is that the Historic Landmarks Foundation of Indiana ("HLFI") shall be afforded the reasonable opportunity to identify an economically viable plan for the redevelopment of the Education Center by HLFI or a third party; and WHEREAS, the First Addendum defines "economically viable" to mean that a ready, willing and able purchaser has been identified; a written agreement has been fully executed with the prospective purchaser and there is a sufficient financial commitment to permit both the purchase and redevelopment plan for the Education Center to commence on or before July 1, 2007; and ' WHEREAS,'the Education Center is a local landmark and if an economically viable reuse is not identified shortly, the Education Center is in danger of being abandoned or demolished unless an economically viable reuse is identified; and WHEREAS, HLFI has entered into an agreement with a developer providing for the redevelopment of the Education Center; and WHEREAS, the Commission has determined that the proposed development of the Education Center meets the definition of economically viable set forth in the First Addendum; and WHEREAS, in accordance with the Agreements, the Board of Works desires to transfer its interest in the Education Center to HLFI to provide for the reuse and preservation of the Education, which is in the best interest of the City of South Bend, Indiana (the "City"); WHEREAS, a Development Agreement has been presented to the Board of Works at this meeting providing for the transfer to occur subject to certain terms and conditions and providing for the redevelopment of the Education Center; NOW, THEREFORE, BE IT RESOLVED, by the City of South Bend, Indiana Board of Public Works, as follows: ' Section 1. The Board of Works hereby finds that the preservation and reuse of the Education Center is in the best interest of the City and that the transfer of the Education Center, in accordance with the Agreements, will provide the best opportunity to preserve and reuse the Education Center. Section 2. The Board of Works hereby approves the Development Agreement, as presented, and authorizes the President or any of the members of the Board to execute and attest the Development Agreement and any documents contained therein or contemplated thereby, including but not limited to the Agency Agreement set forth therein. PUBLIC AGENDA SESSION MAY 24, 2007 Section 3. The Board of Works hereby further authorizes and approves the transfer of the Education Center to HLFI in accordance with the Agreements and the Development Agreement. Such transfer shall be accomplished by quit claim deed executed by the Mayor and the Clerk of the City in the form set forth at Exhibit B. Section 4. This resolution shall be in full force and effect after its adoption by the ' Board. Adopted at a meeting of the City of South Bend, Indiana, Board of Public Works held on May 24, 2007, at 130$ County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot, President s/Carl Littrell, Member ATTEST: s/Linda Martin, Clerk 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 11:45 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President C~ ~ G~~~~~~~Xit Carl P. Littrell, Member nald E. Inks, Member ATTEST: ~ ~ - inda M. Martin, Jerk REGULAR MEETING .MAY 29.2007 ' The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Tuesday, May 29, 2007, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks 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 Board Agenda Session of May 10, 2007, and the Regular Meeting and Reconvened Meeting of May 14 and May 17, 2007 were approved. REGULAR MEETING MAY 29.2007 ~ OPENING/AWARD OF BIDS - 2007 ROAD REPAIR FOR SOUTH BEND WATER WORKS MAIN EXTENSIONS - PROJECT NO. 104-047 (WATER WORKS BOND) This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bids were opened and publicly read: WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Kevin Kelly Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Item No. Description Quantity Unit Unit Price Total Amount 1 Millin U to 6' De th 3500 SYS $3.50 $12 250.00 2 Millin , 6" to 12" De th 1200 SYS $5.00 $6,000.00 3 HMA Base, 6" 3600 Tons $30.50 $15,900.00 4 HMA Surface, 1.5" Polymer Modified 1400 Tons $55.00 $77,000.00 5 Concrete A roaches 100 SY $65.00 $6 500.00 6 IIMA A roaches 250 SY $40.00 $10,000.00 Total Amount of Bid (I tems 1 t hrough 5) $227,650.00 BROOKS CONSTRUCTION COMPANY, INC. . 625 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by: Mr. William Stevens Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Item No. Description Quantity Unit Unit Price Total Amount 1 Millin , U to 6' De th 3500 SYS $8.00 $28,000.00 2 Millin 6" to 12" De th 1200 SYS $15.00 $18 000.00 3 HMA Base, 6" 3600 Tons $48.00 $172,800.00 4 HMA Surface, 1.5" Polymer Modified 1400 Tons $81.60 $114,240.00 5 Concrete A roaches 100 SY $80.00 $8 000.00 6 IIMA A roaches 250 SY $50.00 $12,500.00 Total Amount of Bid (I tems 1 t hrough 5) $353,540.00 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Todd Kulczar Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted c .~ REGULAR MEETING MAY 29, 2007 BID: Item No. Description Quantity Unit Unit Price Total Amount 1 Millin , U to 6' De th 3500 5YS $4.25 $19,975.00 2 HMA Base 6" 3600 Tons $67.25 $152 100.00 3 HMA Surface, 1.5" Polymer Modified 1400 Tons $67.25 $94,150.00 4 Concrete A roaches 100 SY $72.25 $7,225.00 5 HMA A roaches 250 SY $19.50 $4 875.00 Total Amount of Bid (I tems 1 t hrough 5) $278,325.00 Board Attorney, Cheryl Greene, noted the Bid from Walsh and Kelly did not have a notary seal on it. Ms. Julie Tate, Walsh and Kelly, approached the table and verified that the signature was indeed that of Mr. Kevin Kelly. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to Water Works for review and recommendation. After reviewing those bids, Mr. Ed Herman, Water Works, recommended the Board award the contract to the lowest responsive and responsible bidder, Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, in unit prices not to exceed the amount of $227,650.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. OPENING OF BID -SELF PROPELLED CHASSIS MOUNTED SLINGER MANURE SPREADER (CAPTIAL/SEWAGE WORKS) This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri- County News, which were found to be sufficient. The following bid was opened and publicly read: AGCO-AG CHEM. DIVISION 12891 1341 Avenue NE Spicer, Minnesota 56288 1 1 Bid was signed by: Mr. Charles R. DeWolf Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: Year Make Model Unit Price 2007 AgChem 3244 Terra Gator $309,325.00 Trade-In N/A Total Cost Less Trade-In $309,325.00 Deduct $3,500.00 Kysor Engine Shut Down Deduct $2,125.00 Expeller Work Lights Delivery Guaranteed by November 1, 2007 However should be able to meet October 1, 2007 need. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bid was ^ referred to Environmental Services and Equipment Services for review and recommendation. After reviewing the Bid, Mr. Al Greek, Environmental Services, recommends acceptance of the Bid for further review and to request October 1, 2007 delivery guarantee. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the Bid was accepted for further review as outlined above. AWARD BID - 2007 STREET MATERIALS - PROJECT NO. 107-038 (LRSA) Mr. Rob Nichols, Engineering, advised the Board that on May 1, 2007, bids were received and opened for the above referred to project. On May 17, 2007, the most often used asphalt street materials were awarded. Mr. Nichols recommends that the Board award the remaining contract REGULAR MEETING MAY 29.2007 ~ e. .~ v in unit prices to Levy Trucking, Rieth Riley Construction, and Bit Mat, the lowest responsive and responsible bidders. Therefore, Mr. Littrell made a motion the recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the motion, which carried. AWARD BID -MODEL CITIES DETENTION BASIN IMPROVEMENTS -PROJECT NO. 104-074 (2006 SEWER BONDI Mr. Jason Durr, Engineering, advised the Board that on May 14, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Durr recommends the Board award the contract to the lowest responsive and responsible bidder, Rieth-Riley Construction, 25200 State Road 23, P.O. Box 1775, South Bend, Indiana, in the amount of $74,765.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BID - 2007 JANITORIAL SUPPLIES ITEMS #1-49 (USER DEPARTMENTS) Mr. Matt Chlebowski, Central Services,. advised the Board that on April 23, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Chlebowski recommends the Board award the contract for items #1-49 to the lowest responsive and responsible bidder, HP Products, 4220 Saguaro Trail, Indianapolis, Indiana, in unit prices. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BID - 2007 JANITORIAL SUPPLIES ITEMS #50-53 (USER DEPARTMENTS) Mr. Matt Chlebowski, Central Services, advised the Board that on April 23, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Chlebowski recommends the Board award the contract for items #50-53 to the lowest responsive and responsible bidder, Central Poly Corporation, 18 Donaldson Place, P.O. Box 4097, Linden, New Jersey, in unit prices. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BID -AESTHETIC BRIDGE ENHANCEMENTS PHASE II -PROJECT NO. 106- AWARD BID - ENGMAN NATATORIUM RENOVATION AND ADDITION -PROJECT NO. 107-029R (WEST WASHINGTON TIF) Mr. Carl P. Littrell, City Engineer, advised the Board that on May 14, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends the Board award the contract to the lowest responsive and responsible bidder, Kaser-Spraker Construction, in the amount of $294,850.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. 033A (TRANSPO~ Mr. Carl P. Littrell, City Engineer, advised the Board that on May 14, 2007, bids were received and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends the Board award the contract to the lowest responsive and responsible bidder, Kaser-Spraker Construction, in the amount of $409,000.00, subject to a letter from Transpo confirming their financing is available. 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 QUOTE- EDISON WELL HOUSE NO. 3A BUILDING ADDITION -PROJECT NO. 107-027A (WATER WORKS BOND) Mr. John Wiltrout, Water Works, advised the Board that on May 14, 2007, quotes were received ' and opened for the above referred to project. After reviewing those bids, Mr. Wiltrout recommends the Board award the contract for Alternate Bid #1 to the lowest responsive and responsible bidder, Casteel Construction Corporation, 23186 West Ireland Road, South Bend, Indiana, in the amount of $72,800.00. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. i. ~` ~~ REGULAR MEETING MAY 29, 2007 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -NEW GOLF COURSE GREENS MOWER (GOLF COURSE CAPITAL) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -NEW FOUR WHEEL DRIVE TURF TRACTOR WITH QUICK RELEASE LOADER BUCKET (GOLF COURSE CAPITAL) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -NEW 72" ROTARY MOWER WITH MULCHER KIT (GOLF COURSE CAPITAL) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -NEW GOLF COURSE UTILITY VEHICLE (GOLF COURSE CAPITAL) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -NEW HEAVY DUTY GOLF COURSE UTILITY VEHICLE (GOLF COURSE CAPITAL) In a memorandum to the Board, Mr. Matt Chlebowski, Central Services, requested permission to advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -SALE OF ABANDONED VEHICLES Mr. Gary Libby, Department of Code Enforcement, requested permission to advertise for the sale of approximately twenty-one (21) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS/TITLE SHEET - RIVERPARK NPC PUBLIC WORKS (500-700 BLOCKS OF 34TH STREET) - PROJECT NO. 107-006 (CDBG) In a memorandum to the Board, Mr. Rob Nichols, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also being presented at this time for approval and execution is 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. APPROVE CHANGE ORDER (FINAL) AND PROJECT COMPLETION AFFIDAVIT - CSO BACKWATER GATE REPLACEMENT - PROJECT NO. 103-077 (2004 SEWER BOND Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Final Change Order indicating that the contract amount be decreased by $5,015.00 for a new contract sum, including this Change Order, of $132,835.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $132,835.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Final Change Order and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT - EDISON WELL 3A REPLACEMENT - PROJECT NO. 107-027 (WATER WORKS BOND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Underground Services, Inc., 225 South Lafayette Boulevard, South Bend, 1 1 1 REGULAR MEETING MAY 29.2007 „ e^ ~~g Indiana 46601, for the above referenced project, indicating a final cost of $6,030.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Project Completion Affidavit was approved. 1 1 1 APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: TYPE BUSINESS DESCRIPTION AMOUNT MOTION/ SECONDED Construction Trans Tech 2007 Yard Lamppost Unit Prices Inks/Littrell Contract Electric, L.P. Program -Project No. 107-034 (General Fund Addendum Madison Shelter Plus Care Extend to Inks/Littrell Center Agreement -Time July 31, 2007 Extension (HUD Grant No. IN36C500008) HUD Grant Addendum Madison Shelter Plus Care Extend to Inks/Littrell Center Agreement -Time July 31, 2007 Extension (HUD Grant NO. IN36C960101) HUD Grant Agreement Siemens Water Annual Maintenance of $1,163.00 Inks/Littrell Technologies Lab Water System Sewa e O&M) Letter of Credit Adams Road Bradford Shores, $305,590.00 Littrell/Inks Development II Section 2 Co Construction L.L.. Geans Good Neighbors/Good Unit Prices Inks/Littrell Contract Construction Neighborhoods Program Company 2007- Project No. 107- 003 General Fund Addendum Near Northwest Extend Term of Extend to Gilot/Littrell Neighborhood, Agreement for the December 31, Inc. Development of the 800 2007 Block of Portage COIT Contract Indiana Cost-sharing for Federal $1,081,631.00 Littrell/Inks Department of aid for reconstruction Transportation costs for Portage Avenue from Lathrop Street to the Indiana Toll Road Brid e APPROVAL OF STREET CLOSURES/PROCESSIONS/LICENSES The following street closures and processions were presented for approval: Sponsor Description Date/Time Location Motion Carried Hot Doggin' Open Air Year Round - Southeast LittrelUInks License -New Monday Interior Corner Subject to York Style Hot through of Michigan Approval by Dog Carts - Saturday - 8:00 and College Two Locations a.m. to 8:00 Washington Football Hall of p.m. and Northwest Fame Corner of Michigan and West Washin ton Historic Procession - June 29, 2007 Inks/Littrell Preservation Summer from 7:00 .m. ~~ REGULAR MEETING MAY 29.2007 Commission Solstice Parade to 8:00 .m. Food Bank of Procession - June 5, 2007 Inks/Littrell Northern Hunger from 1:00 p.m. Indiana Awareness Day to 2:00 .m. Remembrance Procession - June 17, 2007 Inks/Littrell Ride, Inc. POW MIA from 8:00 a.m. Remembrance to 12:00 p.m. Ride Ho Roast Hendrix, Irise Street Closure - June 10, 2007 Fremont from Gilot/Littrell Graduation from 1:00 p.m. Kenwood to Subject to Party to 8:00 p.m. Linden closing at 8:00 p.m. Love, Torri Street Closure - August 4, 2007 Laurel Street Gilot/Inks ls` Annual from 3:00 p.m. from Napier to Subject to Block Party to 8:00 p.m. Thomas closing at 8:00 "Strengthening p.m. Communities" Maennerchor Street Closure - June 16, 2007 - North Inks/Littrell Club Dad's Day 7:00 a.m.- 8:00 Sycamore Poker Run - p.m. between LaSalle and Colfax Avenue Faith Baptist Street Closure - June 23, 2007 - Blaine Street Gilot/Inks Church Vacation Bible 8:00 a.m. - between School Carnival 2:00 p.m. California and Vassar FAVORABLE RECOMMENDATION -PETITION TO VACATE THE EAST HALF OF THE 1 FIRST ALLEY SOUTH OF LINCOLN WAY WEST BETWEEN LAWNDALE AVENUE AND DIAMOND AVENUE Mr. Gilot indicated that The Abundant Faith Family Ministry, 1318 Lincoln Way West, South. Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Community & Economic Development and the Department of Public Works. The Department of Economic Development stated the City should retain the right to return the property to an alley if the church moves. The Deparhnent of Community Development stated the church should consult with the corresponding neighborhood association, the Near West Side Cooperation Alliance, and the Lincoln Way West Corridor group. Area Plan stated the vacation would not hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would not make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would not hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Therefore, Mr. Gilot made a motion that the Alley Vacation be approved subject to further Legal review. Mr. Inks seconded the motion which carried. ADOPT RESOLUTION NO. 17-2007 - 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 (PULLING AND U.S. 31 ANNEXATION ' AREA Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 17-2007 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 (PULLING AND US 31 ANNEXATION AREA) REGULAR MEETING MAY 29, 2007 ,~ v WHEREAS, there has been submitted to the Common Council of the City of South Bend, 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 15 of Exhibit "A" attached hereto; and WHEREAS, the territory proposed to be annexed encompasses approximately 0.75 acres of vacant land, which is at least 12.5% contiguous to the current City limits, i.e., approximately 22.24% contiguous, generally located at the Northeast corner of Pulling Street and US 31 South. It is anticipated that the annexation area will be developed for uses applicable under the ,, Commercial Business zoning classification as defined by the City of South Bend's Zoning Ordinance and a parking lot. This development will require a basic level of municipal public services of anon-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 anon-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 anon-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 15 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 anon-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 a City water connection will be required payable by the developer; that a sewer extension will be ;~ ~^, ~ REGULAR MEETING 1v~ >, ,, MAY 29.2007 required to service this area when developed, at the developer's expense; that street lighting and parking will be installed at the developer's expense; and that a street drainage plan will be also be planned, provided and paid for by the developer subject to compliance with state and local law. Section IV. It is required as a condition of annexation that neo-traditional building/site design elements be included in terms of context, setback, orientation, spacing, style, massing, height, entry, fenestration, materials, accessory buildings, landscape buffering and lighting that achieve development and design of the highest possible quality. It is required that the annexation , area integrate harmoniously with the surrounding residential areas to the east. It is further required as a condition of rezoning and annexation that the owner procure and pay for a traffic impact analysis of the proposed development and site plan to determine what roadway modifications and intersection controls are necessary and sufficient to facilitate safe and orderly traffic movements, with all such necessary construction modifications to be paid by the developer. Building plans and other information to satisfy these requirements must be submitted by the developer to the Ciry as part of the development review process. Failure to comply with all the conditions may result in the City's repeal of annexation. Adopted the 29th day of May, 2007. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member 1<.G1V1V1VJ11CHlt. - J`4J1V GV J1itLSi'il - LV1 JVJ VV 1L1V1L111L'. rt1iV11. J tiLL111V1V - EAST SIDE OF 26TH STREET SOUTH OF HEPLER STREET Mr. Gilot stated the Board is in receipt of a Consent to Annexation and Waiver of Right to remonstrate as submitted by Ms. Heather R. Birky, 54510 26th Street, South Bend, Indiana 46635. The Consent indicates that in consideration for permission to tap into public water system of the City, to provide water service to 54510 26th Street, South Bend, Indiana 46635, South Bend, Indiana 46635, (Key # 002-2155-7045), Ms. Birky waives and releases any and all rights 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 Equipment Services and Engineering submitted Safety Reports for April 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. Gilot, seconded by Mr. Inks and carried, the reports were accepted and filed. FILING OF MONTHLY AND PERFORMANCE MEASURE REPORTS -DEPARTMENT OF PUBLIC WORKS The Central Services Division submitted their Monthly and Performance Reports for the month of April 2007. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the monthly reports were accepted and filed. FILING OF CERTIFICATES OF INSURANCE , Upon a motion made by Mr. Gilot; seconded by Mr. Littrell, and carried, the following Certificates of Insurance were accepted for filing: Formatt, Inc. dba The Vine Gnoth & Naragon Heating & Air & ForME, Inc. Conditioning, Inc. 130 West Colfax Avenue 411 West Ewing Avenue South Bend, Indiana 46601 South Bend, Indiana 46613 REGULAR MEETING TD Excavating Thomas True 547 Ash Parkway Westville, IN 46391 1 1 1 Mathews-Purucker-Anella, Inc. 218 South Frances Street South Bend, Indiana 46617 For Release May 24, 2007 MAY 29, 2007 Michiana Board Up 1401 East McKinley Avenue South Bend, Indiana 46617 For Release March 17, 2007 APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Division of Engineering, recommended the following Contractor and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Gerald Zock BOND OF EXCAVATION Norcal Concrete, LLC Approved May 7, 2007, Pursuant to Resolution 100-2000 Approved May 9, 2007, Pursuant to Resolution 100-2000 Mr. Littxell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the board for approval: Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion, which carried. Name Amount of Claim Date Cit of South Bend $1,337,409.36 Ma 14, 2007 Ci of South Bend $1,069,151.68 Ma 21, 2007 St. Jose h Count Housin Consortium $8,345.99 Ma 15, 2007 St. Jose h Count Housin Consortium $14.18 Ma 15, 2007 St. Jose h Coun Housin Consortium $1,314.72 Ma 15, 2007 St. Jose h Count Housin Consortium $19,407.15 Ma 15, 2007 St. Jose h Coun Housing Consortium $17,000.00 May 15, 2007 St. Jose h Count Housin Consortium $67.98 Ma 15, 2007 St. Jose h Coun Housin Consortium $84.71 Ma 15, 2007 Rieth-Riley Construction Company, Inc. Pay Estimate #10 (Final), Ireland Road Reconstruction, Pro'ect No. 104-040 $89,665.15 December 14, 2006 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 10:12 a.m. BOARD OF PUBLIC WORKS Gary A clot, President ~~ O. ~~~ Carl . Littrell, Member r~ D nald E. nks, ember i~ da M. Martin, Clerk a ~~ .~.