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Home My WebLink About03/27/06 Board of Public Works Minutes~E~ PUBLIC AGENDA SESSION MARCH 23, 2006 The Public Agenda Session of the Board of Public Works was convened at 10:38 a.m. on Thursday, March 23, 2006, by Board President, Gary A. Gilot, with Mr. Carl P. Littrell present. Mr. Donald E. Inks was not present. Also present was board /~ttorne~ ~Ihunuis Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from that list. -Agreement -Cost of Service Study for Water Works -Crowe Chizek Mr. John Stancati, Water Works, stated this suic(~ ~~iii ,hint the ~~Il~~ct., ul ,~n;~~ outside the City limits. - Agreement -Professional Services -Arbitrage Calculations and Review -Crowe Chizek Ms. Catherine Fanelfo, Controller stated the services will provide assistance in maintaining bond proceeds. - Agreement -Professional Services -Ratification of Project Assignments -Crowe Chizek Ms. Catherine Fanello, Controller, stated this is an umbrella contract for approval of project assignments which have different scopes of service, and will require the authorization for the assignment. - Advertise for Bids -Salt for Water Works Ms. Marilyn Taylor, Purchasing, stated there were no bids received for this portion of the Water Works Chemicals bid letting. As the total purchase price is expected to be under $75,000.00, Water Worla will solicit for ~luotatiun;, ~u~.l recommend an award to the Board. -Advertise for Bids -Janitorial Supplies Mr. Marilyn Taylor, Purchasing, estimated the City-wide bid for janitorial supplies to be close to $100,000.00. The Board will bid these items. Ms. Taylor ' will review the requirements for janitorial supplies and forward them to the Board for bid letting. - TRANSPO Agreement for Bridge Enhancement Project Agreement - I3rid~~c Enhancement Project - TRANSPO Mr. Shawn Peterson, Assistant City Attorney, stated the Agreement is close to being finalized by TRANSPO, and he may have the final Agreement available for Monday's Board meeting. - Encroachment Easements -Billboard Signage on Ireland and South Michigan - Burkhart Advertising Mr. Shawn Peterson, Assistant City Attorney, stated the easement prm ides for the billboard signs to retain their current position on the above rclercnccd prupa~tiua and right of way takings that are in negotiation. - Resolution No. 14-2006 -Transfer of Property from Rhodes Investment Corporation Ms. Cheryl Greene, Assistant City Attorney, stated the property at 531 South Chapin will be transferred as a donation from Rhodes Investment Corporation to the City of South Bend for a community center project. The Board indicated there is a building on the property which may have cm•ironmcnt l issues. Ord needs to be checked. -Resolution No. 15-2006 - Transfer of Properties to South Bend Heritage Foundation Ms. Cheryl Greene, Assistant City Attorney, stated this is the transfer of the Natatorium to the South Bend Heritage Foundation to be utilized as a Civil Rights center by IUSB. If the use of the property is not utilized for public use, it will he ' returned to the City. ACCEPT LIMITED AGENCY AUTHORITY I:OR UTIL1"fY IMPR(>Vl:A1(~:;~:~IS t~~;f' BLACKTHORN OFFICE PARK LOT 3A PROJECT Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the Board accepted a limited agency authority for utility improvements for the above referenced project. APPROVAL OF PROCESSION The following street closure was approved: PUBLIC AGENDA SESSION The following procession was approved by the Board: MARCH 23, 2006 SPONSOR PROCESSION ROUTE DATE _. MOTION/ CARRIED St. Casimir Palm Sunday Ford to Walnut Apri19, 2006 - Gilot/Littrell Parish Procession to Dunham 2:00 p.m. - ~ 3:15 p.m. APPROVE CLAIMS Mr. Gilot stated that the following claim was submitted to the board for approval: Name Amount of Claim Date Rieth Riley Construction (Ireland Road Construction) $90,565.53 March 22, 2006 Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried. the claim ~~ as approved. 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 11:25 a.m. B0,1RI) OP PIIRI,IC ~y'ORKS ~i~ `t~"7 K / J Gary A. Gilot, President ~~ ~ ti~~2~~[' Carl P. Littrell, Member Donald E. Inks, Member ATTEST: `'t-~~~" Angela .Jacob, Cl rk REGULAR MEETING MARCH 27.2006 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, March 27, 2006, by Board President Garr ~~~. Gilot, with Carl I'. l.iurull ~~rc~~•nt. Mr. Donald E. Inks was not present. Also present was Board Attorney "1"homas Bodnar. APPROVE MINUTES OF PREVIOU5 MEE"PING Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the minutes of the regular meeting of the Board held on March 9 and March 13, 2006, were approved. 1 1 1 ,z. REGULAR MEETING MARCH 27, 2006 ~~~ PUBLIC HEARING -LICENSE APPLICATION FOR 1~lASSAGE I:Sd':1I3L1S11111_'~ I -VEDA SALON AND DAY SPA - 2041 IRELAND RUAll Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Massage Establishment at 2041 Ireland Road, as submitted by Ms. Elizabeth Franklin, 21850 Belkay Drive, South Bend, Indiana. It was noted that favorable recommendations were received from the Fire Department, Police Department, Building Department and the Legal Department. ' Ms. Elizabeth Franklin was present and recommended approval of the L1i:1:11Jc Application. Ms. Franklin indicated she is the new owner of the establishment, and the business has been in this location for twenty years. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the License Application was approved. OPENING OF BIDS -SANITARY AND WATER MAN RECLOCATION -LOT 3A - BLACKTHORN CORPORATE OFFICE PARK - PROJECT NO. 103-029 BLACKTHORN TIF) 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: RIETH-RILEY CONSTRUCTION CO., INC. 2500 State Road 23 Post Office Box 1775 South Bend, Indiana 46637 Bid was signed by: Mr. Todd Kulezar Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $140.465.0_0 Alternate 1 -HMA Intermediate #8 52.90.00 Alternate 2 -HMA Surface # 11 $2,500.00 HRP CONSTRUCTION, INC. 5777 Cleveland Road Post Office Box 266 South Bend, Indiana 46624-0266 1 Bid was signed by: Mr. Paul Fallon Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: ~ 51 ~ l .l ~>.00 Alternate 1 -HMA Intermediate #8 $5,500.00 Alternate 2 -HMA Surface # 11 $4,400.00 C&E EXCAVATING, INC. 53767 County Road 9 Elkhart, Indiana 46514 Bid was signed by: Mr. Ed Bessinger Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed L ~ +~ REGULAR MEETING Five percent (5%) Bid Bond was submitted BID: MARCH 27, 2006 Base Bid: $127,982.00 Alternate 1-HMA Intermediate #8 $6,300.00 Alternate 2 -HMA Surface # 11 $5,200.00 HERMAN & GOETZ DBA UNDERGROiJND SF,RVTCF,S 2915 Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Jeff Wells Non-Collusion Affidavit was in order Non-Discrimination commitment form was not provided with the bid, however it was delivered after the meeting Five percent (5%) Bid Bond was submitted BID: Base Bid: $106,632.00 Alternate 1 -HMA Intermediate #8 $8,215.00 Alternate 2 -HMA Surface # 11 $4.110.00 THOMAS EXCAVATING & WELDING INC. 9750 West 16 Road Argos, Indiana 46501 Bid was signed by: Ms. Dawn Dickey Non-Collusion Affidavit was in order Non-Discrimination commitment form ~o~as completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $169,658.50 Alternate 1-HMA Intermediate #8 $5,880.00 Alternate 2 -HMA Surface # l 1 $8,880.00 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot, and carried, the above bids were referred to the Division of Engineering and Community & Economic Development for review and recommendation. OPENING OF BIDS/AWARD BID -ROADWAY AND SEWER RECONSTRUCTION - LAFAYETTE BOULEVARD AND BARTLF.TT STREET - PRO.iF,CT NO. 105-015 (SEWER/TIF) 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: HRP CONSTRUCTION, INC. 5777 Cleveland Road Post Office Box 266 South Bend, Indiana 46624-0266 Bid was signed by: Mr. Paul Fallon Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $2,653,800.91 ~„ 1 1 1 RIETH-RILEY CONSTRUCTION COMPANY, INC. REGULAR MEETING Post Office Box 1775 25200 State Road 23 South Bend, Indiana 46634 Bid was signed by: Mr. Eugene Yarkie Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted ' BID: $2,971,378.50 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: $2,765,850.21 SELGE CONSTRUCTION COMPANY INC. 2833 South 11 Street Niles, Michigan 49120 Bid was signed by: Mr. James Boyles Non-Collusion Affidavit was in order Non-Discrimination commitment form was coi~~pletcd Five percent (5%) Bid Bond was submitted ' BID: $3,485,699.76 MARCH 27, 2006 ~ 6 Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the above bids were referred to the Division of Engineering for review and recommendation. After reviewing those bids, Mr. Jason Durr recommends that the Board award the contract to the lowest, responsive and responsible bidder, HRP Construction, Inc., 5777 Cleveland Road, South Bend, Indiana, in the amount of $2,653,800.91. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as outlined above, subject to financing. Mr. Littrell seconded the motion, which carried. OPENING OF BIDS (2006 CAPITAL 13tJDGF -SIX (6) MORE OR LESS 2005 COMPACT FOUR DOOR Sb;DAN AU"l OMOBILIiS - FOUR (4) MORE OR LESS PRE-OWNED 2005 MID-SIZE FOUR DOOR SEDAN AUTOMOBILES - ONE (1) MORE OR LESS, 2006 FOUR DOOR 4X4 UTILITY VEHICLE - ONE (1) MORE OR LESS NEW HEAVY DUTY 16 500 LB. GVWR 2006 CHASSIS - ONE (1) MORE OR LESS 2006 FULL SIZE ONE TON EXTENDED CARGO VAN -THREE (3) MORE OR LESS 2006 ALL WHEEL, DRIVE CARGO V,\N~ -TWO (2) MORE OR LESS 2006'/4 TON TWO WHEEL DRIVE PICK UI' 1 RUCKS - ONE (1) MORE OR LESS ONE TON TWO WHEEL DRIVE PICK UP TRUCK -TWO (2) MORE OR LESS 2006'/4 TON FOUR WHEEL DRIVE PICK UP TRUCKS - ONE (1) MORE OR LESS 2006 OR NEWER 3/4 TON EXTENDED CAB TWO WHEEL DRIVE PICK UP TRUCK 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 Si~uth I3erxl 'I~rihun~• and the Tri-County News, which were found to be sullicient. l~he lolluwing bids were opened and publicly read: JORDAN FORD 609 East Jefferson Boulevard 4_,'r ~~~EGULARMEETING \t:U:ClI ~?,''0;!; Mishawaka, Indiana 46545 Bid was signed by: Mr. Geoffrey Kelleher Non-Collusion Affidavit was in order Non-Discrimination commihrent form was a~mplcted Ten percent (10%) Bid Bond was submitted -See Comments for Unresponsive Bids BID: Bid Year Make Model Unit Price Total Cost One (1) More Or Less, 2006 Ford _ Explorer ~ ~20,3G?.UU j ~?U. ~(~'.ui! 2006 Four Door 4x4 Utility Vehicle One (1) More Or Less, 2007 Ford F450 $28,951.00 $28,951.00 New Heavy Duty 16,500 Lb. GV WR 2006 Chassis The above bid w as considered unresponsive. , One (1) More Or Less, 2006 Ford E350 ~ $2?.9~1;00 ~ ~ S?2.~)-t,.~iU 2006 Full Size One Ton Extended Cargo Van OPTION 1 Sliding Door and Rear Panel INCLUDED Doors with Glass Hinged for i O ening _ -_, The above bid was considered unresponsive. I Two (2) More Or Less, 2007 Ford ~ 1~2~0 ! ~17.38(i.00 ' ~_~~.I~ ~H~ 2006 '/4 Ton Two Wheel Drive Pick U Trucks The above bid was considered unresponsive. One (1) More Or Less, 2007 Ford F350 $18,414.00 $18,314.00 heel Drive P ~ k U Truck OPTION 2 Spray In Bed Liner -, $350.00 ! _- _ __ __ _. $3~~1.01~ The above bid was considered unresponsive. Two (2) More Or Less, 2007 Ford F250 $19,998.00 $39,996.00 2006 3/4 Ton Four Wheel Drive Pick U Trucks OPTION 2 Front Mounted Western 7 2= $3485.00 $3485.00 Pro Snow or Equal Power Anglin~~ Left and Ri~~ht OPTION 3 Sprayed In Bed Liner $350.00 $350.00 The above bid was considered unresponsive. One (1) More Or Less, 2007 Ford F250 $19,646.00 $19,646.00 2006 Or Newer 3/4 Ton Extended Cab Two Wheel Drive Pick Up Truck Option 2 Sprayed In Bed Liner $350.00 $350.00 The above bid was considered unresponsive. GATES CHEVY WORLD 401 South Lafayette Boulevard South Bend, Indiana 46634 Bid was signed by: Mr. Dave Holland Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted 1 1 1 BID: REGULAR MEETING 1 1 MARCH 27, 2006 U rJ o Bid Year_ :Make Model Unit Price Total Cost Six (6) More Or Less, 2005 Chevrolet Cobalt 4- $11,500.00 Each 2005 Compact Four Door Door Sedan Automobiles ~ Four (4) More Or Less, 2005 Chevrolet Malibu 4- $9,500.00 Each Pre-Owned 2005 Mid-Size Door Four Door Sedan Automobiles One (1) More Or Less, 2006 Chevrolet Trailblazer $21,670.00 Each 2006 Four Door 4x4 Utility Vehicle __ ___ _ ' One (1) More Or Less, 2007 Chevrolet C4500 $36,900.00 Each New Heavy Duty 16,500 Lb. Gvwr 2006 Chassis One (1) More Or Less, 2006 Chevrolet 1-Ton Ext. $23,610.00 Each 2006 Full Size One Ton Cargo Van Extended Car o Van OPTION 1 Sliding Door and Rear Panel ~ $130.00 ! I :ach Doors with Glass Hinged for O ening Three (3) More Or Less, 2006 Chevrolet 'h Ton $20,295.00 Each 2006 All Wheel Drive AWD Van Cargo Vans OPTION 2 Sliding Door and Rear Panel $106.00 ,Each Doors with Glass Two (2) More Or Less, 2006 Chevrolet '/4 Ton 2- $]6,630.00 Each 2006 '/4 Ton Two Wheel WD Drive Pick Up Trucks Silverado One (1) More Or Less, 2006 Chevrolet 1-Ton 2- $16,960.00 Each One Ton Two Wheel WD Pick Drive Pick Up Truck Up OPTION 2 S ray In Bed Liner ~ ~3_~.00 I~:ach Two (2) More Or Less, 2006 Chevrolet '/4 Ton 4- $19,080.00 Each 2006 '/a Ton Four Wheel WD Drive Pick U Trucks OPTION 2 Front Mounted Western 7 2= $38,600.00 Each Pro Snow or Equal Power Angling Left and Right OPTION 3 Sprayed In Bed Liner I ~;32~.00 ~ Each One (1) More Or Less, 2006 '/4 Ton $19,025.00 Each 2006 Or Newer '/4 Ton Extended Extended Cab Two Wheel Cab Drive Pick U Truck Silverado Option 2 Sprayed In Bed Liner $325.00 Each GREAT LAKES INTERNATIONAL TRl?CKS 4849 Western Avenue South Bend, Indiana 46619 Bid was signed by: Mr. Ken Waite Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: Bid Year Make Model Unit Price Total Cost One (1} More Or Less, 2007 International 4100 $37,951.48 $37,951.48 New Heavy Duty 16,500 Lb. Gvwr 2006 Chassis ~GULAR MEETING MICHIANA TRUCK CENTER 3610 Deahl Court South Bend, Indiana 46628 Bid was signed by: Mr. Greg Fetters Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: MARCH 27, X006 One (1) More Or Less, 2006 GMC C-4500 $32,430.00 $$32,430.00 New Heavy Duty 16,500 Lb. Gvwr 2006 Chassis Option Per $33,150.00 $33,150.00 Dealer Upon a motion made by Mr. Gilot. seconded b~~ ~~1r. Littrell. ontl c,:rric~L !h~~ alr,~,~ '~I' were referred to Central Services for review and recommendation. AWARD BID -GOOD NEIGHBORS/GOOD NEIGHBORHOODS PUBLIC WORKS PROGRAM (2006) - PROJECT NO. 106-017 (GENERAL FUND) Mr. Toy Villa, Engineering, advised the board that on March 13, 2006, bids were received and opened for the above referred to project. After reviewing those bids. Mr. Villa recommends that the Board award the contract to the lo~~~cst rrshon,i~~ .~n~' responsible bidder, Northern Construction Services, Inc., 2580 East Detroit Road, Niles, Michigan, as follows: Zone 1 - $267,705.00 (Unit Price Bid) Zone 2 - $243,265.00 (Unit Price Bid) It was noted that this is a lJnit Price Bid. ~1'heretiu~e_ ~1r. Gilot made ^ nx~tion Thai ~i~~ recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. AWARD BID -DONALD/FOX STORM SEWER EXTENSION -PROJECT NO. 105- 010 (SEWER BOND) Mr. Jason Durr, Engineering, advised the Board that on March 13, 2006, bids ~~-ere received and opened for the above referred to project. After revie~~~ing those hick. ~1r Durr recommends that the Board award the contract to the lowest responsive and responsible bidder, Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana in the amount of $193,020.80. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Gilot seconded the motion, which carried. TABLE -REQUEST TO ADVERTISE, hOR TI1F; RLCEIP~h O1' BIDS - S,\L1 WATER WORKS (CHEMICAL FUNDING) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the above Request to Advertise was tabled. APPROVAL OF REQUEST TO ADVERTISE FOR TIDE RECE[PT OF BIDS - 2006 STREET LIGHT UPGRADE - MONROE FROM TWYCKENHAM TO SUNNYSIDE AND SUNNYSIDE FROM MONROE TO SOUTH S"I'KE1i'1'/'I.1'IiL.li Sl_II;_I;_I,____ PROJECT NO. 106-012 (GENERAL FUND OR COIT) In a memorandum to the Board, Ms. Thia Vawter, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated the Title Sheet would be completed soon, and should be approved. Therefore, upon a motion made by Gilot, seconded by Littrell, the request to advertise and the Title Sheet were approved. 1 1 1 ;; ~7 ~ REGULAR MEETING MARCH 27, 2UU6 U (~, APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - JANITORIAL SUPPLIES (USER DEPARTMENTS) In a memorandum to the Board, Ms. Marilyn Taylor, Purchasing, requested permission to advertise for the receipt of bids for the above referred to items. Therefore. upon a m~ti~n made by Mr. Gilot, seconded by Mr. Littrell, the above request ~cn~ appro~~e~l. APPROVE CHANGE ORDER - 2005 NEIGHBORHOOD LIGHTING PROGRAM - SUNNYMEDE AND LONGFELLOW - MICHIANA CONTRACTING -PROJECT NO. 105-053 Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 1 on behalf of Michiana Contracting, Post Office Box 929. Plymouth. Tndiana. indicating that the Contract amount be increased $2,~?5.00 lbr a ne~~~ C'ontract s~im i;;clu~.iin~ ~I;s~, Change Order in the amount of $76,115.00. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell, and carried, the Change Order was approved. APPROVAL OF CONTRACTS/AGREEMENTS/PROPOSALS/ADDENDA The following Contracts/Agreements/Proposals/Addenda were approved as follows: 1 1 TYPE DESCRIPTION BUSINESS ~ A11Ot!V"f ~ \IU~i~I(J~~` CARRIED Construction Installation of Casteel $28,890.00 Gilot/Littrell Contract Demising Wall - Construction 117/119 South Michigan Construction Harris Street Mcintyre $166.513.8't Gil~t!i.ittrell Contract Public Works - Jones, ]nc. Western to Railroad Tracks (400-500 Blocks) Professional Feasibility The Troyer $20,000.00 Gilot/Littrell Services Study/Design Group ~ Agreement Services - ~ Studebaker Trunk Storm Sewer Project Construction Compressor B&B $16,251.15 Littrell/Gilot Contract Building - Equipment Underground storage Tanks ~ Removal Agreement Cost of Service Crowe Chizek Not to Exceed Gilot/Littrell Study for Water $30,000.00 works Agreement Professional Crowe Chizek Gilot/Littrell Services - Arbitrage Calculations and ~ Review Agreement Professional Crowe Chizek Gilot/Littrell Services - Ratification of Project Assi nments Professional Feasibility DLZ Indiana $20,000.00 Gilot/Littrell Services Study/Design Agreement Services - Studebaker Trunk Storm Sewer Project Contract Environmental hull ~~ '. -___~ 5=10.000.Ut1 ~ Gi!~~tl.i~t~~~l! Remediation and Associates ~'7 3 REGULAR MEETING MARCH 27, 2006 TYPE DESCRIPTION BUSINI/SS A~tiIOUNT ;~IO~1-IOV'/ cAxxl~:u Sitework Plans and Specifications for Fire Station No. 2 Grant Home Rebuilding ~ 5~4~.000.00 C;il~~trl.ittrcll~-~-~ Agreement Rehabilitation Together, St. I Activities Joseph County ' Agreement TRANSPO TABLED ADOPT RESOLUTION NO. 13-2006 -DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Worla: RESOLUTION NO. 13-2006 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years of service: 1 "Upon retirement with twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend hire Dclrtrlmcnt shall hr entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." , and WHEREAS, THOMAS M. ARANOWSKI has retired from the South Bend. Indiana Fire Department after twenty (20) or more years of sere-ice. an<I thr 13~r;u~~l ni Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, LC.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the lire helmet previously worn by this Firefighter is of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmet worn by this Firefighter is no longer needed b}' the City and unfit for the purpose for which it was intended and has an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance , with Ordinance 8570-95 and removed from the City inventory. Adopted this 27t~' day of March 2006. BOARD OF PUBLIC ~1'ORT:S s/Gary A. Gilot, President s/Carl P. Littrell, Member ATTEST: s/Angela K. Jacob, Clerk REGULAR MEETING MARCH 27, 2006 ~ ADOPT RESOLUTION NO. 14-2b06 - ACCEP'I'1NG 1'HE "I"RANSFER Uf RLAL PROPERTY FROM RHODES INVSTMENT 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 NO. 14-2006 A RESOLUTION OF TIIE BOARD Ol I'UBL1C ~Y'Ol:1~S FOR THE CITY OF SOUTH BEND, INDIANA, ACCEPTING THE TRANSFER OF REAL PROPERTY FROM RHODES INVESTMENT CORPORATION WHEREAS, Rhodes Investment Corporation ("Rhodes") is the owner of certain real property located within the City of South Bend, which property is commonly l:nrn~n as 531 South Chapin Street, South Bend, Indiana ('Property") and i~ inure paili~a.a[,j described in Exhibit "A "attached hereto and incorporated herein; WHEREAS, Rhodes desires to donate and transfer the Property to the City of South Bend on the condition that any and all taxes or other claims against the Property will be satisfied as a result of the conveyance and no claim, present or future will be made against Rhodes subsequent to the transfer. such terms and conditions hcin~* mrnr specifically described in Exhibit "13" attaches( herew an~i iucorpurat~u Iw~cin.:;r„ :I.: City of South Bend desires to accept transfer of the Property from Rhodes on the terms and conditions expressed therein; and WHEREAS, the care, custody and control of City-owned real property is vested in the Board of Public Works pursuant to I.C. 36-9-6-3 and 36-1-11-1, et seq.; and WHEREAS, the City, acting through its Board of Public A'~%orls, bclicv~~ th.;: tL~~ acceptance of the Property in the best interests of the health, safety and the social and economic welfare of the City and its residents and that the transfer complies with federal, state and local laws under the authority of which the Property is being transferred; and NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana as follows: 1. The transfer of Property situated in St. Joseph County, Indiana, and generally described herein and more particularly described in Exhibit "A " attached hereto is hereby accepted under the terms and conditions expressed in Exhibit "B ". 2. The Clerk of the Board of Public Works shall cause the rernrdinc* of the Corporate Warranty Deed conveying the Pr~~hcrty to tl~~~~ Cit~, ~.~'" South Bend, Indiana upon the receipt of the same. 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 Rend. Indiana held on March 27, 2006 at li00 County-Cite I3uildin~_. ?~7 1~~cst .Irll"~r~~.~!; Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Gary Gilot s/Carl Littrell ATTEST: s/Angela K. Jacob, Clerk REGULAR MEETING '~L~RC'I I ??. DUI!!; RESOLUTION NO. ]5-2006 - AUTHORIZING THE, TRANSFER OF RF..AI. PROPERTY TO THE SOUTH BEND HERITAGE FOUND.A CIUN INC./AGREEMENT Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. In addition a Purcha;r Agreement for the above referenced property was approved. RESOLUTION NO. 15-2006 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH , BEND, INDIANA, AUTHORIZING THE TRANSFER OF CERTAIN PARCELS OF REAL PROPERTY TO SOUTH BEND HERffAGE I~UUNDA~1lUN, INC. WHEREAS, the City of South Bend, Indiana (hereinafter the "City"), is the o~~ ncr of certain real property and improvements situated in the City of South Bend, St. Joseph County, Indiana ("Property), which is more particularly described as follows: Part of Bank Out Lot Numbered I?i~~hh~-\~inc (89) of the Srcon~! Plat of Out Lots of ilie Towu, now City of Soutii Bend, in ~t. Joseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-Nine (89); thence East 1 chain 82 4/5 links; thence South 144.54 feet to the North line of an alley; thence West on the North line of said alley 1 chain 82 4/5 links to the West line of said Lot Numbered Eighty-Nine (89): thence North 14-1. 54 fret to thr place of beginning. (Commonly known as 1040 West Washington Street; Tax Key #18-3068-2605). and Part of Bank Out Lot Numbered Ligluy-Nine (59) of the Sucunu Plat of Out Lots of the Town, now City of South Bend, in St. 3oseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-Nine (89); thence East 1 chain 82 4/5 links; thence South 144.54 feet to the North line of an alley; thence West on the North line of said alley 1 chain 82 4/5 lima to the ~~'est line of said Lot Numbered Eighty-Nine (89); thence North 1-1=1. ~-l Icat to the pla~~ of beginning. (Tax Key #18-3068-2605); and WHEREAS, the City is also the owner of the real property that is located adjacent to the Property and commonly known as 1102 West Washington Street ("Parking Lot"), and more particularly described as follows: Lot Numbered Nineteen (11) its sho~~~n un the rccur,iea 1'l.u o;~ Evans Subdivision of Bank Out Lot 88 to the City of South Bend (Tax Key Number: 18-3070-2721) 1 and, , East one-half (1/2) of Lot Numbered Twenty (30) as shown on the recorded Plat of Evans Subdivision of Banl: Out Lut ~S to tltc Cii~ of South Bend (Tax Key Number: 18-3070-2720); and WHEREAS, the custody, care and control of City-owned real estate is vested in the Board of Public Works pursuant to LC. 36-9-6-3 and 36-1-11-1, et seq.; and WHEREAS, the Property was previously used as a s`yimmin,7 facility knm~n ati the "Engman Natatorium"; and REGULAR MEETING ~1;~RC1 I ~?, ~i)!)~~ WHEREAS, the City received title to the Property as a gift from Harry A. Engman, Jr. and his wife, Maud B. Engman in August, 1919 under the conditions that the Property be used for a public purpose and retain the Engman name on any building erected on the Property; and . , WHEREAS, South Bend Heritage Foundation, Inc. ("SBHF"), an Indiana not-for-profit corporation meeting the requirements of I.C. 36-1-1I-1(a)(7), was created for the purpose of planning, directing and coordinating economic and community revitalization within the City of South Bend, and desires to obtain ownership of the Property; and WHEREAS, SBHF intends to facilitate redevelopment of the Property for use as a civil rights center or another such public purpose under the operation of a public entit}~ such as a state educational institution and to utilize the Parking Lot in conjunction with the redevelopment and use of the Property; and WHEREAS, pursuant to an Order entered by the St. Joseph County Circuit Court, a copy of which is attached hereto and incorporated herein as Exhibit "A". the proposed use of Property for such purposes is a public purpose that will be bcnelicial w tJi~ community; and WHEREAS, the City is willing to transfer the Property and the Parking Lot to SBHF for the aforementioned purposes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public ~~~orl;s of thr City of South Bend, Indiana, as follo~~ s: (1) The City shall transfer to South Bend Heritage Foundation, Inc., the real property and improvements more particularly described as follows: Part of Bank Out Lot Numbered Eighty-Nine (89) of the Second Plat of Out Lots of the Town, now Ciri~ of South Bend. in St. Joseph County, Indiana, platted by the State of Indiana, described as beginning at the Northwest corner of said Lot Numbered Eighty-Nine (89); thence East 1 chain 82 4/5 links; thence South 144.54 feet to the North line of an alley; thence West on the North line of said alley 1 chain 82 4/5 links to the West line of said Lot Numbered Eighty-Nine (89); thence North 144. 54 feet to the place of beginning. (Commonly known as 1040 West Washington Street; Tax Key #18-3068-2605); and Lot Numbered Nineteen (19) as shown on the recorded Plat of Evans Subdivision of Bank Out Lot 88 to the City of South Bend (Tax Key # 18-3070-2721); and East one-half (1/2) of Lot Numbered Twenty (20) as shown on the recorded Plat of Evans Subdivision of Bank Out Lot 88 to the City of South Bend (Tax Key #18-3070-2720) (Commonly known as 1102 West Washington Street) (2) Such transfer shall to SBHF shall be in consideration of the stem of Ten and 00/l00 Dollars ($10.00) and shall further he suhjeet to rert:~,ii~ !:~.:;; and conditions set forth in a Purchase Agreement, the form of which is attached hereto and incorporated herein as Exhibit "B ". (3) The transfer of Property and the Parking Lot from City to SBHF shall be accomplished by Quit-Claim Deed, executed by the Mayor of the City of South Bend and attested to by the South Rend City Clerl<. G 7'~ REGULAR MEETING MARCH 27, 2006 (3) The deed conveying the Citys interest in the Property to SBlll~ shall include the following restrictions: (a) The Property shall be use; for a public purpus~. (b) The name "Engman" shall be used in the title of the building or group of buildings, said name to be placed permanently and continuously over the entrance of such building, the Grantor to have the privilege of placing a bronze tablet memorializing the gift in some conspicuous place nn front of entrance ofbuildin~. (4) Such transfer shall be made by the City to SBHF in an "as is" condition with no warranties, indemnities or representations made relative to said Property. Adopted this 27`h day of March 2005. SOi?TH BEND BOARD OF Pi?RLiC \\'ORIiS s/Gary Gilot s/Carl Littrell ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF REQUEST TO ACQUIRE CITY-OWNF,D PROPERTY -_i.OTS ON WALNUT. DUNHAM AND CARLISLE STRIiE; l'S - llf\I31"I~~A"f l~OR 11I!\I;A\1 11~ - 620 WALNUT - 616 WALNUT - 113 CARLISLE - 109 CARLISLE - 105 CARLISLE - 1624 DUNHAM , Mr. Gilot stated favorable recommendations ha~c been rrcci~~r~i I'r~~m !~~,,. '~.~:~ -. Division of Engineering, Code Enforcement, Community and Economic Development. Park Department, and the Legal Department, in conjunction with a request from habitat for Humanity to acquire the City-owned properties as described above. The transfer of these lots will support the City's efforts to offer residents opportunities to own homes in the City. Upon a motion made by Mr. Littrell, seconded by Mr. Gilot and carried, the request was approved. APPROVAL OF PROCESSIONS/STREET CLOSURE The following processions and street closure were approved: SPONSOR PROCESSION ROUTE DATE/TIME MOTION/ CARRIED National Michiana MS Hall of Fame to Mav 6.2006 - Tittrell/Gilot Multiple Wall< ~ Colfax to ['.ast ' 7: ~0 a.m. ~- Sclerosis Race to Niles 10:30 a.m. Society Indiana Avenue and Chapter Return Memorial Sunburst IOK, SK, SK June 2, 2006 - Littrell/Gilot Hospital/South Fun Walk 5:45 a.m. - Bend 12:15 p.m. Tribune/WSBT ! __ _ Madison Center Take Back the Main to Apri125, 2006 Littrell/(iilot Night March Western to - 6:30 p.m. - Wayne to 9:00 p.m. Michigan to Colfax to Lafayette and Return ' _ Cinco de Mayo Parade Meade to May 6, 2006 - Littrell/Gilot Huron to 9:00 a.m. - 1 REGULAR MEETING 1 MARCH 27.2006 Pulaski to Ford and Return 10:45 a.m. Morris Friday's by the Close Michigan June 9, June 23, Littrell/Gilot i Performing Fountain from Parking July 7, July 21, Arts Center Lot to Colfax August 4, and August 18, 2006 APPROVAL OF LICENSE APPLICATIONS The following License Applications were approved: LICENSE BUSINESS ADDRESS COMMENTS MOTION/ APPLICATION _ _i _ C.~1RRI{?D Scrap Metal Treadstone 445 North Favorable Liurellihilot Dealer LLC Sheridan Recommendations Massage Salon 1733 North Favorable Littrell/Gilot Establishment Nouveau, Inc. Ironwood Recommendations Massage The Spa at 224 West Favorable Littrell/Gilot Establishment Colfax Colfax Recommendations APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control device was approved: INSTALLATION OF: LOCATION: REMARKS: INSTALLATION OF: LOCATION: REMARKS: INSTALLATION OF: LOCATION: REMARKS: Handicapped Reserved Parking Signs 739 Dubail All Criteria Has Been Met Handicapped Reserved Parking Signs 708 North Allen All Criteria Has Been Met Handicapped Reserved Parking Signs 313 East Irvington Al1Criteria Has Beell ~1~1et APPROVAL OF ENCROACHMENT EASEMENTS - BILLBOARDS - THE BARCLAY CORPORATION -SOUTH MICHIGAN STREET (PARCEL 23-1025- 1444) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell. and carried. the ah~~~~r referenced encroachment easement for billboards vv as approved. 'fhe eascuicnt stuns ti;~ billboards may remain in the current location. APPROVAL OF ENCROACHMENT EASEMENTS -BILLBOARDS - BURKFIART ADVERTISING - 202 EAST IRELAND - SOUTH MICHIGAN STREET (PARCEL 23-1025-1444) Upon a motion made by Mr. Gilot, seconded b~~ ~~Ir. LitU•cll, and carried. the nh~~~ ~~ referenced encroachment easement for billboards was approval. "l~hu eus~meiu staic~ tiw billboards may remain in the current location. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO ' REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to remonstrate as submitted by Abundant Life Fellowship. The Consent indicate<. that in consideration for permission to tap into public sanitar}' water system ~l tlw C ity, ~~ provide sanitary water service to the northwest corner of Brick Road and Portage Road, South Bend, Indiana , (Key #04-1007-0096.01), the Abundant Life Fellowship waives and releases 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. Gilot made a motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. ~~~ REGULAR MEETING MARCH 27, 2006 APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE AND ACKNOWLEDGMENT OF CITY COMPACT FEES Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to remonstrate as submitted by Mr. and Mrs. John Holland. The Consent indicates that in consideration for permission to tap into public sanitary sewer system of the City, to provide sanitary sewer service to the northwest corner of Lucinda and Kern Road. South Bend, Indiana , (Key #O1-1065-1981). the ilolland's ~~ai~~c and rcleax• any :;n~! :~I! right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Gilot made a motion that the Consent be approved. Mr. Littrell seconded the motion, which carried. APPROVE INDUSTRIAL DISCHARGE PERMIT In a Memorandum to the Board, Mr. Manuel Bueno, Pretreatment Coordinator, Division of Environmental Services, submitted the followin<~ Wastewater Dischar~~c I'crmi~ .uu! recommended approval: Ark Engineering Services, Inc. For Kwik Mart Facility, 2603 South Michigan Street Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Industrial Discharge Permit was approved. APPROVE CONTRACTOR BOND Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: BOND OF CONTRACTOR Lucio Ortiz Approved March 8. 2006. Pursuant to Resolution No.100-2000 Mr. Gilot made a motion that the recommendation be accepted and that the Bond he approved as outlined above. Mr. Littrell seconded the motion, which carried. APPROVE CLAIMS Mr. Gilot stated that the following claims ~~~ere suhmiticd to the hoard fur :~i~~~r~>~~;~! Name Amount of Claim Date City of South Bend $2,048,710.26 March 20, 2006 City of South Bend $1,579,610.77 March 27, 2006 St. Joseph County Housing $2,678.92 March 7, 2006 Consortium - -- --_ - --..._ .._ St. Jose h Count Housing P Y ~ -~ 81.4=1_00 ~ !lurch ?. _'~~«h Consortium St. Joseph County Housing $20,966.83 March 8, 2006 Consortium St. Joseph County Housing $9,326.16 March 8, 2006 Consortium St. Joseph County Housing $59.589.00 March 6.2006 Consortium St. Joseph County Housing $17,000.00 March 14, 2006 ~ Consortium Mr. Gilot made a motion that the claims be approved and the reports as submitted he filed. Mr. Littrell seconded the motion, which carried. 1 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 10:50 a.m. REGULAR MEETING MARCH 27, 2006 t~ ~ O BOARD OF PLJBT,TC WORKS Q N ~~" Gary A. Gilot, President ~ G~ ~ Carl P. Littrell, Member Donald E. Inks, Member ATTEST: Angela Jacob, C1 k 1 1 C~ ~_ 1 1 1