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HomeMy WebLinkAbout07/09/07 Board of Public Works Minutes~_ .~ PUBLIC AGENDA SESSION JULY 5, 2007 The Public Agenda Session of the Board of Public Works was convened at 10:40 a.m. on Thursday, July 5, 2007, by Board President Gary A. Gilot, with Mr. Donald E. Inks and Mr. Carl P. Littrell present. Also present was Ms. Cheryl Greene, Board Attorney. AGENDA ITEM ADDED - Resolution 25-2007 - A Resolution of the City of South Bend, Indiana Board of Public Works Approving a Master Equipment Lease/Purchase Agreement No. 1704 and Other ^ Matters Related Thereto. AGENDA ITEM TABLED - Letter of Credit Consolidation -Kendall Weis -Lafayette Falls Subdivision Board members discussed the following item(s) from that list: - Safety Reports -Department of Public Works Mr. Jack Dillon, Environmental Services, and Mr. Dave Tungate, Water Works, presented their respective Safety Reports. - Monthly Reports -Department of Public Works Mr. Jack Dillon, Environmental Services and Mr. Dave Tungate, Water Works, presented their respective Monthly Operations and Performance Goals Reports. - Award Bid Revision -Abandoned Vehicles Mr. Gary Gilot stated that he is in receipt of a request from Gary Libbey, Code Enforcement, to award the 1994 white Chevrolet Suburban from the June 11, 2007 vehicle auction to the next highest bidder, Terry's Auto Salvage. Mr. Gilot stated that he would like to see documentation on how the bidder that was originally awarded the vehicle was notified that the award was rescinded for this vehicle. He also asked for documentation for other bids for that vehicle. -Award Quotation -Copier for Wastewater Mr. Jack Dillon, Environmental Services, stated that he is ready to award the quotation for the copier to Ikon in the amount of $10,291.00. Mr. Gilot inquired , if the contract included a service contract for the five year life of the copier. The cost of the service contract should be included in any copier award. - Special Purchase: Renewal of Contract -Clow Valve/Underground Pipe & Valve -Fire Hydrants, Water Mains & Valves Mr. Dave Tungate; Water Works, stated that the renewal of this contract is being made with a 7% increase for the cost of ductile iron pipe. This is a savings because the increase for this pipe is normally 15%. Mr. Gilot stated that a contract renewal is for a contract with no price increase and if we accept an increase in the amount of the pipe, we would have to re-bid that product. Mr. Gilot asked Mr. Tungate to provide proof that other companies are increasing the cost of the pipe by 15% prior to awarding the contract renewal. - Street Closure -Wellington from Ford to Dunham It was noted that the date for this street closure changed from July 23, 2007 to July 21, 2007. -Street Closure -Howard from St. Louis to St. Peter It was noted that the date for this street closure changed from July 20 to July 17, 2007. Mr. Gilot suggested that the sponsor have the party at Kelly Park, which is also along that street, or even a side street instead of blocking off Howard Street. ADOPT RESOLUTION NO. 25-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT NO. 1704 AN OTHER MATTERS ' RELATED THERETO 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 N0.25-2007 PUBLIC AGENDA SESSION JULY 5, 2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A MASTER EQUIPMENT LEASE/PURCHASE AGREEMENT NO. 1704 AND OTHER MATTERS RELATED THERETO WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is the contracting body for the City of South Bend, Indiana (the "City") pursuant to Indiana Code § 36-9-6; and ' WHEREAS, the South Bend Common Council, the legislative body of the City, has approved Ordinance No. 9746-07 appropriating lease rental payments for Master Equipment Lease/Purchase Agreement No. 1704 dated June 9, 2006 with LaSalle Bank National Association ("LaSalle"), including Lease Schedule No. 1 and Lease Schedule No. 2 (collectively, the "Lease Agreement"); and WHEREAS, there have been presented to the Board a form of Lease Agreement (including separate Lease Schedules), and the Board desires to approve the Lease Agreement (including separate Lease Schedules) and to authorize the Mayor of the City (the "Mayor") and/or the City Controller (the "Controller") and/or the Assistant City Controller (the "Assistant Controller") to execute the Lease Agreement and to approve and execute any other documents deemed necessary or advisable by legal counsel to complete the transactions contemplated by the Lease Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The Board hereby approves the Lease Agreement and the transactions contemplated thereby. The Board further ratifies any and all actions of the Mayor, the Controller, the Assistant Controller and/or any member of the Board or employee of the City related to the execution and delivery of the Master Equipment Lease/Purchase Agreement No. 1704 dated June 9, 2006 and Lease Schedule No. 1. 2. The Board hereby approves the form, terms and provisions of the Lease Agreement and separate Lease Schedules as provided in the Lease Agreement in substantially the forms presented at this meeting. The Board further authorizes the Mayor, the Controller and/or Assistant Controller to execute and/or attest said documents, with such insertions, omissions and changes as shall be approved by the Mayor, the Controller and/or the Assistant Controller, respectively, executing the same, the execution and/or attestation of such documents being conclusive evidence of such approval. The Mayor, the Controller and/or the Assistant Controller are each authorized to execute any documents deemed necessary or advisable by legal counsel to complete the transactions contemplated by the Lease Agreement, including but not limited to any and all schedules, exhibits, tax certificates and closing documents. The officers and employees of the City shall take all action deemed necessary or advisable by legal counsel to carry out, give effect to and consummate the transactions contemplated thereby. 3. The Mayor, the Controller and the Assistant City Controller are each hereby designated to act as authorized representatives of the City are each hereby designated to act as authorized representatives of the City for purposes of the administration of the Agreement and each Lease Schedule until such time as the Board shall designate any other or different authorized representatives for purposes of the Lease ' Agreement and each Lease Schedule. 4. Nothing contained in this Resolution, the Lease Agreement, any Lease Schedule, nor any other instrument shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Lease Agreement, any Lease Schedule or any other instrument or document executed in connection therewith impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power, except that the rental payments under each ~3`~ w:~c, ~"'~`I' PUBLIC AGENDA SESSION JULY 5, 2007 Lease are special limited obligations of the City subject to annual appropriation of the South Bend Common Council. BOARD OF PUBLIC WORKS ~~ Gary A. Gi ot, President 5. This Resolution shall take effect immediately upon its adoption by the Commission ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on July 5, 2007 at 1308 County-City Building, 227 W. Jefferson Boulevard, , South Bend, Indiana 46601. BOARD OF PUBLIC WORK OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member s/Carl P. Littrell, Member ATTEST: s/Linda M. 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 12:00 p.m. Carl Littrell, Membe D nald E. Inks, ember ATTEST: CZJ L nda M. Martin, Clerk REGULAR MEETING JULY 9, 2007 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, July 9, 2007, by Board President Gary A. Gilot, with Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Cheryl Greene. AGENDA ITEMS ADDED Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, an Agreement with the Urban League, a Project Assignment Agreement with Crowe Chizek, Resolution Number 26-2007, and a Request to Advertise for Abandoned Vehicles were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the ' Agenda Session and the Regular Meeting of the Board held on June 21 and June 25, 2007, were approved. OPENING OF BID -EMBEDDED SENSOR CSO MONITORING PHASE I - PROJECT NO. 107-036 (2007 SEWER 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 bid was opened and publicly read: REGULAR MEETING JULY 9.2007 ~~ r i...,r OSELKA CONSTRUCTION CO. Post Office Box 253 Union Pier, Michigan 49129 Bid was signed by: Mr. David P. Wolf Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $1,290,920.00 Upon a motion made by Mr.Gilot, seconded by Mr. Inks and carried, the above bids were referred to Environmental Services and Engineering for review and recommendation. AWARD BIDS REVISION -ABANDONED VEHICLES Mr. Gary Libbey, Code Enforcement, advised the Board that on June 11, 2007, bids were awarded for abandoned vehicles. Ms. Shirley Mantle was notified she was the high bidder for the 1994 White Chevrolet Suburban at $2,598.75, and had fifteen days to remove the vehicle or the Bid would automatically be rescinded. Ms. Mantle failed to take possession of the vehicle by the specified deadline. Therefore, Mr. Libbey recommends the vehicle be awarded to Terry's Auto Salvage in the amount of $488.00, which is the highest remaining bid. 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 -WASTEWATER COPIER Mr. Brent Hussung, Environmental Services, advised the Board that on June 25, 2007, quotes were received and opened for the above referred to equipment. After reviewing ' those quotes, Mr. Hussung recommends that the Board award the contract to the lowest responsive and responsible bidder, Ikon Office Solutions, Inc., 230 Catalpa Street, Ste A, Mishawaka, Indiana, in the amount of $10,291.00. 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. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS -SALE OF ABANDONED VEHICLES Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale of abandoned vehicles, which are being stored at. Super Auto Salvage Corporation, 201 West Sherwood, 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 lien holders notified. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above request was approved. APPROVE CHANGE ORDER -SOUTH MICHIGAN STREET RECONSTRUCTION - PROJECT NO. 104-024 (FHWAI Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 2 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana 46614, indicating that the Contract amount be increased by $3,934.00 for a new Contract sum including this Change Order in the amount of $3,047,759.23. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Change Order was approved. ' APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -TRAFFIC SIGNAL COMMUNICATIONS IMPROVEMENTS 2006 - PROJECT NO. 106-060 (TIFF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) indicating that the contract amount be decreased by $18,978.00 for a new contract sum, including this Change Order, of $285,632.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $285,632.00. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, Change Order No. 1 k~ (~ REGULAR MEETING JULY 9, 2007 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -MIAMI STREETSCAPE~INDIANA AVENUE TO BROADWAY STREET) - PROJECT NO. 106-045 (COIT) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) indicating that the contract amount be decreased by $7,960.60 for a new contract sum, including this Change Order, of $159,106.40. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $159,106.40. Upon a motion made by Mr. Littrell, 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. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - RAILROAD BRIDGE AESTHETIC ENHANCEMENTS AND PARKING LOT IMPROVEMENTS - PROJECT NO. 106-033 (TRANSPO~ Mr. Gilot advised that Mr. Carl Littrell, Engineering, has submitted Change Order No. 1 (Final) indicating that the contract amount be increased by $3,120.75 for a new contract sum, including this Change Order, of $373,575.75. Additionally submitted was the Project Completion Affidavit indicating this new final cost of $373,575.75. 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 subject to the filing of the appropriate three-year Maintenance Bond. APPROVE PROJECT COMPLETION AFFIDAVIT - 701 PENNSYLVANIA AVENUE (WATER/SEWER LATERAL) -PROJECT NO. 106-090 (GENERAL FUND) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Niezgodski Plumbing, Inc., 232 North Mayflower, South Bend, , Indiana, for the above referenced project, indicating that the contract amount be decreased by $6,432.86 for a new contract sum, including this Change Order, of $6,907.14. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Project Completion Affidavit 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/ SECONDED Professional Services American Design Services $199,461.22 Inks/Littrell Agreement Structurepoint, Inc. for Bendix Park Storm Sewer Separation Project (2007 Sewer Bond) Professional Services Wightman Petrie Design Services $110,765.00 Inks/Littrell Agreement for West Washington Street Storm Drainage Improvements (2007 Sewer Bond) Construction Contract Walsh & Kelly, 2007 Road Unit Prices Littrell/Inks Inc. Repair for South Bend Water Works Main Extensions - Project No. 104- 047 Water 1 REGULAR MEETING JULY 9.2007 1 1 Works Bond Construction Contract Walsh & Kelly, Miami $126,828.50 Inks/Littrell Inc. Streetscapes - Proj ect No. 107- 013 COIT Addendum IWM Consulting Statistical Not to Inks/Littrell Group Analysis of Exceed Groundwater $3,514.80 Data -Add Closed Bio Solids Landfill 2007 (Wastewater En ineering Agreement and Simplex Grinnell Water Works $2,206.00 Inks/Littrell Addendum to Annual Fire Agreement Alarm and Detection System Inspection and Addendum to A reement Contract University of Notre Emergency $2,485.30/per Inks/Littrell Dame Medical Services game for Football Season 2007 Additional Services Hull & Associates Studebaker Area Increase Inks/Littrell Agreement A - In-Situ Original Chemical Agreement Oxidation by $3,787.18 Oversi ht Additional Services Hull & Associates Oliver In-Situ Increase Inks/Littrell Agreement Chemical Original Oxidation Amount by Oversi ht $3,525.50 Agreement Urban League of Coordination of $20,000.00 Inks/Littrell South Bend and St. Services to Meet Joseph County Needs of Impoverished or Oppressed Citizens of South Bend. Project Crowe Chizek and Office Not to Inks/Littrell/ Assignment/Agreement Company, LLC Evaluation and Exceed Subject to Transition $15,000.00 Financing APPROVE SPECIAL PURCHASE;_RENEWAL OF CONTRACT -VALVES AND FIRE HYDRANTS In a Memo to the Board, Attorney Cheryl Greene advised that in accordance with Indiana Code 5-22-10-5, regulating special purchases, a renewal of a Contract with Underground Pipe & Valve qualifies for Board approval without soliciting bids or proposals. Underground Pipe and Valve is offering an extension of the Bid award of June 27, 2005 that will allow the City to avoid any price increases in the purchase of valves and fire hydrants. Ms: Greene indicated that the offer of a seven percent (7%) increase in the cost for ductile iron pipe, regardless of being a savings to the City, is still a price increase and not an extension of the original cost, and state law requires that this component must be put out for bid. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the renewal of the Contract for valves and fire hydrants was approved and the purchase of ductile iron pipe was approved for ninety (90) days at a seven percent (7%) increase in cost, after which time Water Works must solicit bids on the pipes. `V"; REGULAR MEETING JULY 9, 2007 ADOPT RESOLUTION N0. 26-2007 - A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A LEASE/PURCHASE FINANCING WITH CHASE EQUIPMENT LEASING, INC. RELATED TO THE L.E.D. TRAFFIC SIGNAL ENERGY SAVINGS PROJECT 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 N0.26-2007 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING ALEASE/PURCHASE FINANCING WITH CHASE EQUIPMENT LEASING, INC. RELATED TO THE L.E.D. TRAFFIC SIGNAL ENERGY SAVINGS PROJECT WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is the contracting body for the City of South Bend, Indiana (the "City") pursuant to Indiana Code § 36-9-6; and WHEREAS, on the South Bend Common Council, the legislative body of the City, has heretofore approved an agreement with Johnson Controls, Inc. related to a Guaranteed Energy Savings Contract for traffic signals with Johnson Controls, Inc. ("Energy Savings Project"); and WHEREAS, the City intends to enter into alease/purchase financing agreement with Chase Equipment Leasing, Inc. ("Chase") related to the Energy Savings Project, the terms said financing are set forth at Exhibit A attached hereto and incorporated herein; and 1 WHEREAS, the Board approves and endorses the lease/purchase financing as , described at Exhibit A and hereby expresses its desire to enter into alease/purchase agreement with Chase and any other documents recommended by legal counsel as necessary to effect such transaction (collectively, the "Documents"); and WHEREAS, the Board recognizes that the Documents are currently being reviewed and revised by legal counsel and further recognizes that time is of the essence in order to proceed with the L.E.D. Traffic Signal Project WHEREAS, the Board desires to approve the Documents once they are in a form acceptable to legal counsel and to authorize the Mayor of the City (the "Mayor") and/or the City Controller (the "Controller") and/or the Assistant City Controller (the "Assistant Controller") to execute the Documents and to approve and execute any other documentation deemed necessary or advisable by legal counsel to complete the transactions contemplated herein. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: 1. The Board hereby approves the lease/purchase transaction with Chase Equipment Leasing, Inc. and authorizes legal counsel to complete the final form of documentation necessary to effect the transaction including, but not limited to, a lease/purchase agreement. 2. The Board further ratifies any and all actions of the Mayor, the Controller, the Assistant Controller and/or any member of the Board or employee of the City related to the execution and delivery of the Documents described in this Resolution. 3. The Board hereby approves the form, terms and provisions of the lease/purchase agreement. The Board further authorizes the Mayor, the Controller and/or Assistant Controller to execute and/or attest said documents, with such insertions, omissions and changes as shall be approved by the Mayor, the Controller and/or the Assistant Controller, respectively, executing the same, the execution and/or attestation of REGULAR MEETING JULY 9, 2007 n ^- V ~4 such documents being conclusive evidence of such approval. The Mayor, the Controller and/or the Assistant Controller are each authorized to execute any documents deemed necessary or advisable by legal counsel to complete the transactions contemplated by the lease/purchase agreement, including but not limited to any and all schedules, exhibits, tax certificates and closing documents. The officers and employees of the City shall take all action deemed necessary or advisable by legal counsel to carry out, give effect to and consummate the transactions contemplated thereby. 4. The Mayor, the Controller and the Assistant City Controller are each hereby designated to act as authorized representatives of the City are each hereby designated to act as authorized representatives of the City for purposes of the administration of the lease/purchase agreement and each lease schedule until such time as the Board shall designate any other or different authorized representatives for such purposes. 5. Nothing contained in this Resolution, the Documents referenced herein, nor any other instrument shall be construed with respect to the City as incurring a pecuniary liability or charge upon the general credit of the City or against its taxing power, nor shall the breach of any agreement contained in this Resolution, the Documents referenced herein, or any other instrument or document executed in connection therewith impose any pecuniary liability upon the City or any charge upon its general credit or against its taxing power, except that the rental payments under each lease are special limited obligations of the City subject to annual appropriation of the South Bend Common Council. 6. This Resolution shall take effect immediately upon its adoption by the Board of Public Works. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on July 9, 2007 at 1308 County-City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. BOARD OF PUBLIC WORK OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Donald E. Inks, Member s/Carl P. Littrell, Member 1 ATTEST: s/Linda M. Martin, Clerk APPROVE TITLE SHEET - KEENAN COURT TOWNHOMES Mr. Gilot advised that the Title Sheet for the above referenced project was being presented at this time for execution. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above referred to Title Sheet was approved and signed. RELEASE OF SURETY -JADE CROSSING, SECTION TWO Upon a motion by Mr. Littrell, seconded by Mr. Inks and carried, the release of the surety for the above referenced project was tabled until additional insurance is received for the remaining sections of the Jade Crossing project. APPROVAL OF STREET CLOSURES/PROCESSIONS The following street closures and processions were presented for approval: Sponsor Description Date/Time Location Motion Carried The Chicory Sidewalk Cafe Sunday 105 East Inks/Littrell Cafe through Jefferson Thursday from Boulevard 6:30 a.m. to 6:00 p.m.; Friday from 6:30 a.m. to ~~ REGULAR MEETING JULY 9, 2007 8:00 p.m.; Saturday from 8:00 a.m. to ' 10:00 .m. The South Kids Triathalon July 28, 2007; On Route as Littrell/Inks Bend Parks 7:00 a.m. to Submitted De artment 1:00 .m. Emerson, Neighborhood July 23, 2007; Wellington Littrell/Inks Phillip & Karen Back to School from 8:00 a.m. from Ford to Bash to 8:00 .m. Dunham South Bend South Bend July 28, 2007; On Route as Littrell/Inks Firefighters' Firefighters' 10:00 a.m. to Submitted Association Blues Fest 1:00 p.m. Motorcycle Ride Abundant Faith Back to School July 14, 2007; Diamond Littrell/Inks Health Fair and 9:00 a.m. to between Block Party 4:00 p.m. Lincolnway and LaPorte Streets Our Lady of Our Lady of July 21, 2007; Bruce from Littrell/Inks Hungary Parish Hungary Parish 4:00 p.m. to Calvert to Festival 10:00 .m. Cha in Reed, Kassie Street July 21, 2007; St. Louis Street Gilot/Inks ClosureBirthday 2:00 p.m. to from St. Party 8:00 p.m. Vincent to Howard Gospel Center Neighbor-Fest August 25, 30th Street Littrell/Inks Church 2007; 11:00 from a.m. to 4:00 Mishawaka .m. Ave. to Vine Price, Shawnna Street July 21, 2007; Grant from Littrell/Inks ClosureBirthday 2:30 p.m. to Sample to Part 7:00 .m. Dunham _FAVORABLE RECOMMENDATION -PETITION TO VACATE A PORTION OF THE BRICK ROAD RIGHT-OF-WAY AT QUALITY DRIVE Mr. Gilot indicated that Attorney George E. Herendeen, on behalf of his client, has submitted a request to vacate the above referred to right-of--way. Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Engineering Department, stating that 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. Inks made a motion that the Clerk send a letter to the petitioner addressing these concerns. Mr. Littrell seconded the motion which carried. 1 1 UNFAVORABLE RECOMMENDATIONS -PETITION TO VACATE THE FIRST NORTH/SOUTH ALLEY AND EXTENDING NORTHEAST ON TADE COURT - EAST OF JACKSON STREET AND NORTH OF DUNHAM STREET Mr. Gilot indicated that Ms. Marcia Zielinski, 21300 Roosevelt Road, South Bend, Indiana, has submitted a request to vacate the above referred to alley. Mr. Gilot advised that the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from the Area Plan Commission, Fire Department, Sanitation, Department of Community & Economic Development and the Engineering Department. Area Plan stated that the vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The alley connects with the northern alley and promotes vehicle circulation within the neighborhood. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The alley is used for vehicle access to the rear of the abutting 1 1 REGULAR MEETING JULY 9, 2007 properties and municipal trash pick up. The vacation would not hinder the public's access to a church, school or other public building or place. The vacation would hinder the use of a public right of way by the neighborhood in which it is located or to which it is contiguous. Community & Economic Development stated that given the street pattern and previous vacation, the only access between Dunham Street and its rear alley following this vacation would be two blocks (over 20 Properties) east. The Alley traffic would have to negotiated the turn between the remaining I trade Court and the east-west alley at the rear of the Dunham properties. The four properties along the proposed vacation have trash pick-up at the rear and the vacation may prevent rear garages from being reestablished on these properties over the long term. The Fire Department stated that the alley is extremely tight and would be difficult to turn without hitting an electric pole and fence on the property. The City Engineer stated that this vacation would hinder the use of Tade Court and Jackson Street, and suggested that prior to vacating the portion west of the property, an extension of Tade Court to Jackson parallel to the railroad right- of-way should be pursued. Therefore, Mr. Gilot made a motion the Clerk send a letter of unfavorable recommendation and request the petitioner address these concerns. Mr. Inks 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 June, 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 Department of Water Works and Environmental Services submitted their Monthly and Performance Reports for the month of June 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. 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 Norcal Concrete, LLC Do All Contractors S&L Builders, Inc. Richard D. Atkinson DBA Concrete Work Approved June 21, 2007 Pursuant to Resolution 100-2000 Approved June 22, 2007 Pursuant to Resolution 100-2000 Approved June 25, 2007 Pursuant to Resolution 100-2000 Approved July 2, 2007 Pursuant to Resolution 100-2000 BOND OF EXCAVATION McIntyre Jones, Ina Change in Bond Number Approved June 21, 2007 Pursuant to Resolution 100-2000 Mr. Gilot made a motion that the bonds approval and/or release as outlined above be ratified. Mr. Inks seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the board for approval: Name Amouut of Claim Date City of South Bend $1,347,187.14 June 25, 2007 Ci of South Bend $1,144,848.68 Jul 2, 2007 St. Jose h Count Housin Consortium $168.75 June 15, 2007 St. Jose h County Housing Consortium $635.93 June 14; 2007 :; ~ 5 ~~, REGULAR MEETING JULY 9.2007 Name Amount of Claim Date St. Jose h Coun Housing Consortium $254.09 June 15, 2007 St. Jose h County Housing Consortium $22,000.00 June 21, 2007 St. Jose h County Housing Consortium $632.08 June 14, 2007 St. Joseph County Housing Consortium $22,000.00 June 21, 2007 Mr. Gilot made a motion that the claims be approved and the reports as submitted be filed. Mr. Inks seconded the motion, which carried. 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 10:10 a.m. ATTEST: ~ o~~- Linda M. Martin, Clerk f 1 BOARD OF PUBLIC WORKS _ j~-~v" ~t ~Yt~~ Gary A. Gilot, President