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HomeMy WebLinkAbout09/25/06 Board of Public Works Minutes31'7 1 1 1 PUBLIC AGENDA SESSION SEPTEMBER 21, 2006 The Public Agenda Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, September 21, 2006, by Board President, Gary A. Gilot, with Mr. Carl P. Littrell present. Board Member Donald E. Inks was not present. Also present was Board Attorney Thomas 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. - Award Quotation -Fence Repair -Olive Street Water Works Mr. John Wiltrout, Water Works, stated he received three (3) quotations, one of which did not match the gauge size of the existing fence and was the low bidder. Mr. Gilot deemed this bidder non-responsive, as a matched gauge size to repair the fence is imperative. - Term Sheet for Agreement -Sewer Easement Modification/Construction Access Ms. Jennifer Laurent, Community and Economic Development and Mr. Shawn Peterson, Legal Department, stated the term sheet for development of an Agreement would allow temporary occupancy permits on DeRue Court, Jefferson and St. Joseph Street, with approval from the Indiana Department of Transportation for St. Joseph Street. In addition, parallel parking would be instituted on Jefferson and St. Joseph Street. - Resolutions 52-2006, 53-2006, 54-2006 and 55-2006 -Fiscal Plans Mr. Marco Mariam, Community and Economic Development, stated the fiscal plans are for the areas of Brick Road, Eddy Street/Edison Road, Olive Road and Southfield Lake. - Safety Report/Performance Report -Central Services John Machowiak, Central Services, presented the Safety Report and Performance Report for Central Services for August 2006. APPROVAL OF STREET CLOSURES/REOUEST The following request and street closures were presented to the Board for approval. It was note favorable recommendations from the appropriate departments were submitted. SPONSOR/ TYPE LOCATION DATE/TIME MOTION/ NAME SECOND People of Use of City Retention Basin September 23, Littrell/Gilot Praise Youth Property at York/Jackson 2006 Grou Christian Blues Concert Leer from September 24, Gilot/Littrell Fellowship Dayton to 2006 - 3:00 Assembly Dubail p.m. to 7:00 .m. St. Joseph Right to Life East/West Side October 1, 2006 Littrell/Gilot County Right to Chain of Ironwood - 2:30 p.m. to Life Procession Drive Between 3:45 p.m. Edison Road and State Road 23 Miami Village Miami Village Miami from October 1, 2006 Littrell/Gilot Neighborhood Fall Festival Calvert to - 7:00 a.m. to Association Ewing 7:00 .m. 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 11:23 a.m. 31v PUBLIC AGENDA SESSION SEPTEMBER 21, 2006 BOARD OF PUBLIC WORKS ~~ ~ ~~~ Gary A. Gilot, President C~~/I' 1. c Carl P. Littrell, Member Donald E. Inks, Member ATTEST: l~ I - Angela .Jacob, rk REGULAR MEETING SEPTEMBER 25, 2006 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, September 25, 2006, by Board President Gary A. Gilot, with Carl P. Littrell and Donald E. Inks present. Also present was Board Attorney Thomas Bodnar. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the minutes of the public agenda session and regular meeting of the Board held on September 7 and September 11, 2006, were approved. PUBLIC HEARING -LICENSE APPLICATION -TRANSIENT MERCHANT - MIAMI VILLAGE FALL FESTIVAL Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a License Application for a Transient Merchant, as submitted by Mr. Rob Hochschild, 2122 Miami Street, South Bend, Indiana, to conduct the Miami Village Association Fall Festival on October 1, 2006, from 12:00 p.m. to 5:00 p.m. on Miami Street from Calvert to Ewing Streets. Mr. Mike Divita, Community and Economic Development, gave a favorable recommendation. 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. Inks, seconded by Mr. Littrell and carried, the License Application was approved. BID OPENING/AWARD BID - KELLER PARK - SHERMAN AVENUE FROM BEALE STREET TO RIVERSIDE DRIVE - CURB, SIDEWALK AND APPROACHES -PROJECT NO 106-049 (GENERAL FUND) 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-('ounty News, which were found to be sufficient. The following bids were opened and publicly read: 1 1 1 L.L. GEANS CONSTRUCTION COMPANY 1923 North Horre Strcet Mishawaka, Indiana 46545 REGULAR MEETING SEPTEMBER 25, 2006 3 Bid was signed by: Mr. Mike Glynn Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $ 76,423.75 Alternate A $ 14,588.25 Alternate B $ 25,207.50 TOTAL BID: $116,219.50 RIETH-RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 Post Office Box 1775 South Bend, IN 46634 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 BID: Base Bid: $ 84,320.75 Alternate A $ 16,335.00 Alternate B 28 963.75 TOTAL BID: $129,619.50 SELGE CONSTRUCTION COMPANY INC. 2833 South 11 Street Niles, Michigan 49120 Bid was signed by: Mr. John M. Szuba Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $ 87,302.50 Alternate A $ 16,551.50 Alternate B $ 30,685.00 TOTAL BID: $134,539.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, IN 46614 Bid was signed by: Mr. Kevin J. Kelly Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $ 94,520.00 Alternate A $ 18,700.00 Alternate B $ 38,517.50 TOTAL BID: $151,737.50 NORTHERN CONSTRUCTION SERVICES, CORP. Post Office Box 1299 Niles, Michigan 49120 Bid was signed by: Mr. Daniel L. Kulwicki ry~ ~ ~- ~ REGULAR MEETING SEPTEMBER 25.2006 Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $119,950.00 Alternate A $ 26,730.00 Alternate B $ 37.625.00 TOTAL BID: $184,305.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, and carried, the above bids were referred to the Division of Engineering and Community and Economic Development for review and recommendation. After reviewing those bids, Mr. Jason Durr, Engineering, recommends that the Board award the project to the lowest responsive and responsible bidder, L.L. Geans, 1923 North Home Street, Mishawaka, Indiana, in the amount of $91,012.00, which is the base bid of $76,423.75 and Alternate A in the amount of $14,588.25. 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. BID OPENING/AWARD BID -KENMORE STREET FROM FORD TO SAMPLE STREET -CURB, SIDEWALK AND APPROACHES -PROJECT NO. 106-038 CDBG 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: L.L. GEANS CONSTRUCTION COMPANY 1923 North Home Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Mike Glynn Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID; $174,820.00 RIETH-RILEY CONSTRUCTION COMPANY, INC. 25200 State Road 23 Post Office Box 1775 South Bend, IN 46634 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 BID: $189,527.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by: Mr. Kevin J. Kelly Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted 1 i 1 BID: $192,001.25 i:, ~. REGULAR MEETING SEPTEMBER 25, 2006 SELGE CONSTRUCTION-COMPANY INC. 2833 South 11 Street Niles, Michigan 49120 Bid was signed by: Mr. John M. Szuba Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $196,316.00 NORTHERN CONSTRUCTION SERVICES, CORP. Post Office Box 1299 Niles, Michigan 49120 Bid was signed by: Mr. Daniel L. Kulwicki Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $267,389.50 The Bid of Ortiz Concrete did not contain Bid Security, therefore, was not read. Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to the Division of Engineering and Community and Economic Development for review and recommendation. After reviewing those bids, Mr. Jason Durr, Engineering, recommends that the Board award the project to the lowest responsive and responsible bidder, L.L. Geans, 1923 North Home Street, Mishawaka, Indiana in the amount of $174,820.00. 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. BID OPENING/AWARD BID -MIAMI STREETSCAPES -MIAMI STREET FROM INDIANA AVENUE TO BROADWAY STREET - CURB,_ SIDEWALKS, APPROACHES AND LIGHTING - PROJECT NO. 106-045 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: SELGE CONSTRUCTION COMPANY INC. 2833 South I1 Street Niles, Michigan 49120 Bid was signed by: Mr. John M. Szuba Non-Collusion Affidavit was'in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $132,117.00 Alternate A $ 34,950.00 TOTAL BID: $167,067.00 RIETH-RILEY CONSTRUCTION COMPANY. INC. 25200 State Road 23 Post Office Box 1775 South Bend, Indiana 46634 ~~~ Bid was signed by: Mr. Todd J. Kulczar 3 ~ 2 REGULAR MEETING SEPTEMBER 25, 2006 Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $140,835.00 Alternate A $ 35,850.00 TOTAL BID: $176,685.00 NORTHERN CONSTRUCTION SERVICES, CORP. Post Office Box 1299 Niles, Michigan 49120 Bid was signed by: Mr. Daniel L. Kulwicki, Jr. Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: Base Bid: $178,267.50 Alternate A $ 61,282.00 TOTAL BID: $239,549.50 Upon a motion made by Mr. Littrell, seconded by Mr. Inks; and carried, the above bids were referred to the Division of Engineering and Community and Economic Development for review and recommendation. After reviewing those bids, Mr. Jason Durr, Engineering, recommends that the Board award the project to the lowest responsive and responsible bidder, Selge Construction Company, Inc., 2833 South 11~' Street, Niles, Michigan, in the total amount of $167,067.00 which is the base bid of $132,117.00 and Alternate A in the amount of $34,950.00,. Mr. Inks made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Littrell seconded the motion, which carried. OPENING OF BIDS -THREE (3~ MORE OR LESS, 2006 OR NEWER VACUUM AIR STREET SWEEPERS (2006 VEHICLE CAPITAL BUDGETI This was the date set for receiving and opening of sealed bids for the above refereed to equipment. 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: JACK DOHENY SUPPLIES, INC. 7720 Records Street Lawrence, Indiana 46226 Bid was signed by: Mr. Mike Renner Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted BID: 2007 Elgin Whirlwind Unit Price: Trade-Ins: 2271 $20,000.00 2274 $20,000.00 2276 $20,000.00 2277 $20,000.00 2279 $20,000.00 2280 $ 2,100.00 Total Cost Less Trade If 3 Sweepers Purchased $159,500.00 $376,400.00 1 i 1 1 REGULAR MEETING O tions Cost' Total #1 $ 1,370.00 $ 1,370.00 #2 included in bid $ 0.00 #3 $ 3,264.00 $ 3,264.00 #4 $ 2,500.00 $ 2,500.00 #5 $ 580.00 $ 580.00 #6 $11,000.00 $11,000.00 #7 $ 2,100.00 $ 2,100.00 #8 $ 1,648.00 $ 1,648.00 #9 $ 5,800.00 $ 5,800.00 BROWN EQUIPMENT COMPANY. INC. 10603 Majic port Lane Post Office Box 9799 Fort Wayne, Indiana 46899 SEPTEMBER 25, 2006 3 2 3 Bid was signed by: Mr. Douglas W. Brown Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Ten percent (10%) Bid Bond was submitted 1 BID: 2007 Sweeper Allianz/Johnston VT650 Unit Price: Trade-Ins: 2271 $19,000.00 2274 $19,000.00 2276 $19,000.00 2277 $19,000.00 2279 $19,000.00 2280 $ 3,000.00 $159,000.00 Total Cost Less Trade If 3 Sweepers Purchased $379,000.00 O tions Cost (each) Total (3) #1 $ 775.00 $ 1,550.00 #2 $ N/C #3 $ 900.00 $ 2,800.00 $ 2,700.00 w/o hydraulics $ 8,400.00 w/h draulic boom #4 $ 900.00 $ 2,700.00 #5 $ N/C #6 $ 6,000.00 $18,000.00 DWG #7 2006 Int 4300 +$1,178.86 2007 Int 4300 +$5,405.62 See information attached to bid #8 $ 1,300.00 $ 3,900.00 1 Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to Central Services for review and recommendation. OPENING OF BIDS -SALE OF ABANDONED VEHICLES This was the date set for receiving and opening of sealed bids for abandoned vehicles. 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: HALTON L. WEST 225 Donald Street South Bend, Indiana 46614 ri ~l J F: REGULAR MEETING SEPTEMBER 25, 2006 No. Make of Vehicle Year Bid 1 Blue Dodge Dakota 1992 $500.00 7 White Pontiac Sunfire 1995 $200.00 g White Lincoln Town Car 1992 $200.00 11 Gray Pontiac 6000 1988 $300.00 TERRY'S AUTO SALVAGE 1926 Tamarack Road Walkerton, Indiana 46574 No. Make of Vehicle Year Bid 1 Blue Dodge Dakota 1992 $351.00 2 Tan Honda Accord 1991 $232.00 3 Green Oldsmobile Bravada 1993 $225.00 4 Red Mitsubishi Eclipse 1994 $202.00 5 Gray Ford Econoline 1991 $202.00 6 Silver Buick Regal 1988 $150.00 7 White Pontiac Sunfire 1995 $201.00 g White Lincoln Town Car 1992 $231.00 q Brown Chevrolet Astro 1988 $200.00 10 Beige Cadillac STS 1995 $301.00 11 Gray Pontiac 6000 1988 $150.00 I.A.P. 3300 South Main South Bend, Indiana 46614 No. Make of Vehicle Year Bid 1 Blue Dodge Dakota 1992 $210.60 2 Tan Honda Accord 1991 $210.60 3 Green Oldsmobile Bravada 1993 $210.50 4 Red Mitsubishi Eclipse 1994 $210.50 g Gray Ford Econoline 1991 $210.60 6 Silver Buick Regal 1988 $210.60 7 White Pontiac Sunfire 1995 $210.60 g White Lincoln Town Car 1992 $210.50 q Brown Chevrolet Astro 1988 $210.60 10 Beige Cadillac STS 1995 $310.60 11 Gray Pontiac 6000 1988 $210.60 1 1 1 REGULAR MEETING SEPTEMBER 25, 2006 3 2 HAROLD PEACOCK 713 Carlisle South Bend, Indiana 46619 No. Make of Vehicle Year Bid 2 Tan Honda Accord 1991 $190.00 ' Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to Code Enforcement for review and recommendation. OPENING OF BIDS - CENTURY CENTER CONVENTION HALL CARPET REPLACEMENT - PROJECT NO. 106-070 (HOTEL/MOTEL TAX) 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: CARPET SERVICE OUTLET INC. 1514 Mishawaka Avenue South Bend, Indiana 46615 Bid was signed by: Ms. Vicki Shepard Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted (Bid Bond was not an original) BID: $144,254.80 ZIOLKOWSKI CONSTRUCTION INC. ' 1005 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by: Mr. Bill Favors Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $188,558.00 MIDWEST TILE & INTERIORS INC. 1805 North Cedar Street Mishawaka, Indiana 46545 Bid was signed by: Mr. Gregory J. Gluchowski Non-Collusion Affidavit was in order Non-Discrimination commitment form was completed Five percent (5%) Bid Bond was submitted BID: $161,398.00 ' Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above bids were referred to Century Center for review and recommendation. OPENING OF QUOTATIONS/AWARD QUOTATION.- ENGMAN NATATORIUM - RECONSTRUCTION, ADDITIONS AND IMPROVEMENTS.-_PROJECT NO._ 106- 067A This was the date set for receiving and opening of sealed quotations 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: ~~~ REGULAR MEETING ATLAS BUILDING SERVICES, INC. Post Office Box 628 1723 South Wabash Street Wabash, Indiana 46992 Bid was Signed By: Ms. Lynann Harmon QUOTATION: Base Bid: Base Bid Plus Alternate: ZIOLKOWSKI CONSTRUCTION INC. 1005 South Lafayette Boulevard South Bend, Indiana 46601 Bid was Signed By: Mr. Bill Favors QUOTATION: Base Bid: Base Bid Plus Alternate SEPTEMBER 25.2006 $38,738.00 $39,918.00 $56,807.00 $58,137.00 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, and carried, the above quotations were referred to the South Bend Heritage Foundation for review and recommendation. After reviewing those bids, Ms. Charlotte Sobel, South Bend Heritage Foundation, recommends that the Board award the quotation to the lowest responsive and responsible bidder, Atlas Building Services, Inc., 1723 South Wabash Street, Wabash, Indiana, in the amount of $39,918.00, which is the Base Bid and Alternate. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Mr. Inks seconded the motion, which carried. OPENING OF QUOTATIONS -LIGHTING -WATER WORKS NORTH STATION - PROJECT NO. 106-077 {BOND) This was the date set for receiving and opening of sealed quotations 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: HERRMAN & GOETZ, INC. 225 South Lafayette Boulevard South Bend, Indiana 46601 Quotation was Signed By: Mr. Randy Ciesiolka QUOTATION: $20,720.00 TRANS TECH ELECTRIC, L.P. 4601 Cleveland Road Post Office Box 3915 South Bend, Indiana 46619 Quotation was Signed By: Mr. Jim Snyder QUOTATION: Site No. 1 Total Electric: $3,681.00 Site No. 2 Total Electric: $7,738.00 Site No. 3 Total Electric: $2,560.00 1 1 1 BENDER ELECTRIC Post Office Box 143 Cassopolis, Michigan 49031 3 2'7 REGULAR MEETING Quotation was Signed By: Mr. M. Bender QUOTATION: 1 1 1 North Pumping Station Fixture #1 North Pumping Station Fixture #2 North Station South Fixture North Station North Fixture #1 North Station Fixture #2 North Station Light Removal Cleveland Road East Fixture Cleveland Road South Fixture Cleveland Road West Fixture Entrance Pole Light Well #1 Pole Light Well #2 Pole Light Well #3 Pole Light Ireland Road Ireland Road Bury Wire Three (3) Poles Set @$120/Pole Three (3) BallastBulb/Photocell Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor Materials Labor TOTAL Labor Materials Total Labor Total In addition to replace shoe box fixtures SEPTEMBER 25, 2006 $460.00 $270.00 $460.00 $270.00 $400.00 $300.00 $240.00 $240.00 $438.00 $360.00 $ 60.00 $325.00 $180.00 $325.00 $180.00 $325.00 $180.00 $135.00 $ 80.00 $135.00 $ 80.00 $135.00 $ 80.00 $135.00 $ 80.00 $120.00 $ 80.00 $400.00 $960.00 $1,500.00 $360.00 $135.00/Set $ 80.00/Set $395.00 $240.00 $300.00/Unit Upon a motion made by Mr. Littrell, seconded by Mr. Inks, and carried, the above quotations were referred to Water Works for review and recommendation. AWARD BID -SALE OF CITY-OWNED PROPERTY -VACANT LOT NEXT TO 225 DONALD Mr. Gary Gilot advised the Board that on August 14, 2006, one (1) bid was received and opened for the above referred to property. After reviewing the bid, Mr. Thomas Bodnar and Mr. George Adler, Community and Economic Development, recommend that the Board award the bid to Mr. Halton West, 224 Donald Street, South Bend, Indiana, in the amount of $500.00. 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. AWARD QUOTATION -FENCE REPAIR -OLIVE WELL FIELD - 915 SOUTH OLIVE - PROJECT NO. 106-074 (BONDI Mr. John Wiltrout, Water Works, advised the Board that quotations were received and opened for the above referred to project. After reviewing those quotations, Mr. Wiltrout recommends that the Board award the contract to Schuell Fence, 22377 Adams Road, South Bend, Indiana, in the amount of $2,490.00. The intent of the replacement fix was to stay consistent with the existing material which disqualifies Mike's Fencing quotation as non-responsive. Although Shuell's is higher than the lowest bidder, they have ~" ~ REGULAR MEETING SEPTEMBER 25, 2006 maintained an industrial size and wall thickness for both the top rail and line posts, therefore, were non-responsive. 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 QUOTATION - "CITY PLAN" PRINTING -PROJECT NO. 106-075 (GENERAL FUND Mr. Jitin Kain, Community and Economic Development, advised the Board that quotations were received and opened for the above referred to service. After reviewing those quotations, Mr. Kain recommends that the Board award the contract to the lowest responsive and responsible bidder, Rink Printing, 814 South Main Street, South Bend, Indiana, in the amount of $21,332.00. It was noted the quotation of Apollo Printing was received after the submittal deadline. 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 QUOTATION -DEMOLITION OF 722-726 SOUTH MICHIGAN STREET - FORMER GLOWORM AND QUARTERBACK NIGHTCLUBS -PROJECT NO._106- 053 (SBCDA TIF) Mr. Rob Nichols, Engineering, advised the Board that quotations were received and opened for the above referred to project. After reviewing those quotations, Mr. Nichols recommends that the Board award the contract to the lowest responsive and responsible bidder, Ritschard Brothers, 1204 West Sample, South Bend, Indiana, in the amount of $47,224.00. 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 PROPOSAL -DEBT COLLECTION FOR YEAR 2006 -PAST DUE AMBULANCE ACCOUNTS -FIRE DF,PARTMENT (EMSCIF FUND 288) Assistant Fire Chief Rick Switalski advised the Board that on August 28, 2006, proposals were received and opened for the above referred to service. After reviewing those proposals, Chief Switalski recommends that the Board award the proposal to C.B.M. Accounts Service, Inc., 1320 Mishawaka Avenue, South Bend, Indiana, as follows: Past due accounts placed manually for collection will be subject to a 25% contingency fee of amounts collected. This fee includes costs associated with skip tracing and location efforts. Accounts forwarded to an accredited agency in the debtor's local area due to state law requirements or necessity for effectiveness will be subject to a contingency fee of 40% of amounts collected. (This represents an extremely small percentage of accounts handled.) Accounts referred for legal action will be subject to a contingency fee of 35% of amounts collected. CBM will assume the responsibility for payment of all court filing fees. Accounts placed aged greater than 90 days will be credit reported to Trans Union, Equifax and Experian. Once reported, balances will be updated monthly for payments, bankruptcies and disputed as required under the Fair Credit Reporting Act. Credit reporting services are provided at no additional cost. Will bill commercial insurance companies on behalf of the Soutlt Bend Fire Department at no additional charge. 1 1 1 Therefore, Mr. Inks made a motion that the recommendation be accepted and the proposal be awarded as outlined above. Mr. Littrell seconded the motion, which carried. 1 1 1 REGULAR MEETING SEPTEMBER 25.2006 ~ ~ 9 APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS -SALE OF ABANDONED VEHICLES Ms. Kathy Eli, Department of Code Enforcement, requested permission to advertise for the sale of approximately seventeen (17) 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 seventeen (17) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - BRIDGE BEAUTIFICATION PROJECT -PHASE II/TITLE SHEET -PROJECT NO. 106-033B (TRANSPO) In a memorandum to the Board, Mr. Carl Littrell, Engineering, requested permission to advertise for the receipt of bids for the above refereed to project. In addition, the Title Sheet for this project was submitted for approval. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Request to Advertise and the Title Sheet were approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - 2006 CONCRETE PAVEMENT REPAIRS - WALSH & KELLY, INC. - PROJECT NO. 106-0 l 5 (LRSA) Mr. Gilot advised that Ms. Thia Vawter, Engineering, has submitted Change Order No. 1 (Final) on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, indicating that the contract amount be increased by $12,480.77 for a new contract sum including this Change Order in the amount of $187,190.77. Additionally submitted was the Project Completion Affidavit indicating this new final cost. 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. APPROVAL OF CONTRACTS/AGREEMENTS/PROPOSALS/ADDENDA The following Contracts/Agreements/Proposals/Addenda were presented to the Board for approval: TYPE DESCRIPTION BUSINESS AMOUNT MOTION/ SECOND Construction Roof Replacement -Fire KRC $39,950.00 Littrell/Inks Contract Station No. 7 Roofing and RATIFIED Sheet Metal, Approved Inc. September 11, 2006, Pursuant to Resolution No. 100- 2000 Construction Sodium Chloride (Rock Indian $44.80/Ton Inks/Littrell Contract Salt) Trucking Delivered Com any Construction South Michigan Street Rieth Riley $139,580.00 Inks/Littrell Contract Improvements -Sample Construction Street to Bronson Street Construction South Bend Clay Sanitary C&E $449,129.00 Littrell/Inks Contract Trunk Sewer -Division Excavating, "A" -River Crossin Inc. Construction Harter Heights Storm HRP $1,566,074.40 Littrell/Inks Contract Sewer Project Construction Construction River Park NPC Public McIntyre $7,961.40 Littrell/Inks Contract Works -Service Area 7 - Jones Inc. Curb Ramps Grant Near West Side 125 Carlisle $4,999.50 Gilot/Littrell A reement Residential Enhancement Street REGULAR MEETING SEPTEMBER 25.2006 TYPE DESCRIPTION BUSINESS AMOUNT MOTION/ SECOND Grant Pro ram Grant Rum Village Residential 2102 Prairie $1,150.00 Inks/Littrell Agreement Enhancement Matching Grant Pro ram Grant LaSalle Area Residential 1350 North $1,458.50 Inks/Littrell Agreement Enhancement Program O'Brien Agreement Providing Periodic E- Jump Media $240.00 Inks/Littrell Mails to Users; Providing Updates on "City Plan" Process Grant Miami Street Commercial 1130 $1,568.50 Inks/Littrell Agreement Corridor - Facade Lincolnway Improvement Matching East Grant Program Grant West Side Residential 2429 West $1,350.00 Inks/Littrell Agreement Enhancement Matching Ford Grant Program Grant West Side Residential 420 South Reduction of Inks/Littrell Agreement Enhancement Matching Warren $1,745.00 Grant Program from Original Agreement of $1,887.50 Addendum Additional Professional Weaver $49,830.00 Inks/Littrell No. 3 Services - In-Situ Boos Chemical Oxidation - Consultants Former Allied Stamping Plant Grant Lincolnway West 3014 $10,080.00 Inks/Littrell Agreement Commercial Corridor - Ardmore Fagade Improvement Trail Matchin Grant Program Proposal Design Services -Storm Bollinger, $26,960.00 Inks/Littrell Sewer Extension -Huey Lach & and Adams Street Associates, Inc. Term Sheet Sewer Easement Gameday N/A Littrell/Gilot for Modification/Construction Centers LLC Original Agreement Access -College Football Document to Preparation Hall of Fame be Executed Upon Arrival Consulting New Median Opening - Wightman $17,500.00 Inks/Littrell Agreement Cleveland Road Petrie APPROVAL OF LICENSE APPLICATION The following license application was submitted to the Board for approval. It was noted the appropriate departments submitted favorable recommendations. SPONSOR/ TYPE LOCATION DATElTIME MOTION/ NAME SECOND Fiddler's Sidewalk Cafe 127 North Through Inks/Littrell Hearth Main October 31, 2006 ADOPT RESOLUTION NO. 46-2006 -DISPOSAL OF OBSOLETE CITY-OWNED PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. 1 1 REGULAR MEETING SEPTEMBER 25, 2006 RESOLUTION N0.46-2006 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: ONE (1) MICROSOFT KEYBOARD - SN71305-545-244106-10422 ONE (1) TWO DRAWER SMALL CARD FILE ONE (1) MONITOR STAND ONE (1) QUIETWRITER 7 TYPEWRITER, SN 67895 ONE (1) HP LASER JET 1100 PRINTER, SN 75815 WHEREAS, Indiana Code 5-22-22 permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than one thousand dollars ($1,000.00). BE IT FURTHER RESOLVED, that said items may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 25`h day of September 2006. 1 BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Gary A. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member. ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 47-2006 -TRADE-IN OF CITY-OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION N0.47-2006 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY-OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE 1 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded-in for property of a similar nature: 2271 2002 Schwarze Sweeper 2274 _2002 Schwarze Sweeper 2276 2002 Schwarze Sweeper 2277 2002 Schwarze Sweeper 2279 2002 Schwarze Sweeper 2280 1992 Elgin Sweeper F063042SBS8000 F063042SBS8000 F063042SBS8000 F063042SBS8000 F063042SBS8000 Pelican VIN# 1 FVAADBV 12DH96150 VIN# 1 FVAADBV52DH96149 VIN# 1 FVAADBVX2DH96146 VIN# 1 FVAADBV62DH96144 VIN#1 FVAADBV82DH96145 VIN#P8430 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is of a similar nature to the above-described properly and should be traded with the above-described property: TO BE DETERMINED J ~ REGULAR MEETING SEPTEMBER 25, 2006 WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange City-owned property for partial or full reduction in the purchase price of property of similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded-in for the following described property of a similar nature: 2271 2002 Schwarze Sweeper 2274 2002 Schwarze Sweeper 2276 2002 Schwarze Sweeper 2277 2002 Schwarze Sweeper 2279 2002 Schwarze Sweeper 2280 1992 Elgin Sweeper F063042SBS8000 F063042SBS8000 F063042SBS8000 F063042SBS8000 F063042SBS8000 Pelican VIN# 1 FVAADBV 12DH96150 VIN# 1 FVAADBV 52DH96149 VIN# 1 FVAADBVX2DH96146 VIN# 1 FVAADBV62DH96144 VIN# 1 FVAADBV 82DH96145 VIN#P8430 1 2. That the traded in or exchanged property, to wit: TO BE DETERMINED shall be removed from the inventory of the City of South Bend and will be duly recorded upon receipt of the new property. A subsequent Resolution of the new property will be recorded. ADOPTED this 25`n day of September 2006. BOARD OF PUBLIC WORKS s/Gary. Gilot, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 52-2006 - 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 GERMAN TOWNSHIP (BRICK ROAD ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works, with changes in Section 3, Line 4 of the Resolution to read as "that public water and sewer network is available". RESOLUTION N0.52-2006 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 GERMAN TOWNSHIP (BRICK ROAD ANNEXATION AREA) 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 German 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 .37 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63% contiguous, generally located along the north side of Brick Road near the intersection with Orange Road. It is anticipated that the annexation area will be developed for public right-of--way as part of a widening project for Brick Road. The new road will require a basic level of municipal public services of a non- capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary 1 1 REGULAR MEETING SEPTEMBER 25, 2006 ~ J 3 sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of 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 the public sanitary sewer and water network is available with capacity sufficient to service this area; that street lighting, parking and 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. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger multi-use path/open space network. It should also be required 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 land uses. 3 3 ~~ REGULAR MEETING SEPTEMBER 25, 2006 Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. Adopted the 25`h day of September 2006. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 53-2006 - 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 PORTAGE TOWNSHIP (EDDY STREET-EDISON ROAD ANNEXATION AREAL Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works, with changes in Section 3, Line 4 of the Resolution to read as "that public water and sewer network is available". RESOLUTION NO. 53-2006 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 PORTAGE TOWNSHIP (EDDY STREET-EDISON ROAD ANNEXATION AREA) 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 Portage 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 26.2 acres of vacant, unimproved land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 63.4% contiguous, generally located East of Eddy Street, west of Ivy Road and South of Edison Road. It is anticipated that the annexation area will be developed for various land uses including but not limited to research facilities and other commercial and residential uses typically associated with a college or university campus. This mix of uses will require a basic level of municipal public services of a non- capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of 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 1 1 1 REGULAR MEETING SEPTEMBER 25, 2006 services of a capital improvement'riature will be"provided to the annexed azea 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 azea 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) yeaz of the effective date of the annexation in a manner equivalent in standazd and scope to services furnished by the City to other azeas 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 azeas within the corporate boundaries of the City of South Bend regardless of similar topography, patterns of land use, or population density. Section III. That the Board of Public Works shall and does hereby now establish and adopt the Fiscal Plan, attached hereto as Exhibit "A", and made a part hereof, for the furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer network is available with capacity sufficient to service this area; that a 12" water main extension will be necessary for a portion of the annexation azea, along with general increased water capacity, that street lighting, pazking and 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. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include open space that could be linked in the future to other azeas nearby as part of a larger open space network. It should also be required 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 azeas. Water as well as sewer service is available in sufficient capacity and it is required that the developer will pay the costs of sewer and water extensions to the project site as needed. Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. ' Adopted the 25th day of September 2006. BOARD OF PUBLIC. WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member 335 33E} REGULAR MEETING SEPTEMBER 25, 2006 ADOPT RESOLUTION NO. 54-2006 - 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 GERMANTOWNSHIP (OLIVE ROAD ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works, with changes in Section 3, Line 4 of the Resolution to read as "that public water and sewer network is available". RESOLUTION NO. 54-2006 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 GERMAN TOWNSHIP (OLIVE ROAD ANNEXATION AREA) 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 German 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 1.129 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 32% contiguous, generally located at the Southwest intersection of Olive Road and Brick Road. It is anticipated that the annexation area will be developed for public right-of--way as part of a widening project for Olive Road. This annexation area will require a basic level of municipal public services of a non-capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of 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. 1 1 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: REGULAR MEETING SEPTEMBER 25, 2006 ~ 3 ~ 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 the public sanitary sewer and water network is available with capacity sufficient to service this area; that street lighting, parking and 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. Inconsideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include multi-use path/open space that could be linked in the future to other areas nearby as part of a larger open space network. It should also be required 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 land uses. Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. Adopted the 25`h day of September 2006. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member ADOPT RESOLUTION NO. 55-2006 - A RESOLUTION OFTHE 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 (SOUTHFIELD ANNEXATION AREA) Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works, with changes in Section 3, Line 4 in the Resolution to read as "that public water and sewer network is available". In addition, the second paragraph, third sentence, "64.3% contiguous" was corrected to "35.7°/d'. RESOLUTION NO.55-2006 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 (SOUTHFIELD LAKE ANNEXATION AREA) 3 ~ REGULAR MEETING SEPTEMBER 25, 2006 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 55 acres of agricultural land, which property is at least 12.5% contiguous to the current City limits, i.e., approximately 35.7% contiguous, generally located directly south and adjacent to the existing Southfield Village subdivision, east of Miami Street and south of Kern Road. It is anticipated that the annexation area will be developed for single-family homes, condominiums and office-retail land uses. This mix of uses will require a basic level of municipal public services of a non- capital improvement nature, including street and road maintenance, street sweeping, flushing, snow removal, and sewage collection, as well as services of a capital improvement nature, including street and road construction, street lighting, a sanitary sewer system, a water distribution system, and a storm water system and drainage plan; and WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature, including street and road maintenance, street sweeping, flushing, and snow removal, and sewage collection, and other non-capital services normally provided within the corporate boundaries; and services of a capital improvement nature including street and road construction, street lighting, a sanitary sewer extension, a water distribution system, and a storm water system to be furnished to the territory to be annexed (2) the method(s) of financing those services; (3) the plan for the organization and extension of those services; (4) that services of 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. 1 1 1 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 REGULAR MEETING SEPTEMBER 25, 2006 ~ 3 9 furnishing of said services to the territory to be annexed, which provides, among other things, that the public sanitary sewer and water network is available with capacity sufficient to service this area; that street lighting, parking and 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. In consideration of pedestrian safety and proper vehicular movement, it is required as a condition of annexation that the developers give very careful consideration to vehicular access and circulation as well as pedestrian movement for the developments within the annexation area. If possible, the site should include open space that could be linked in the future to other areas nearby as part of a larger .open space network. It should also be required 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. Water as well as sewer service is available in sufficient capacity and it is required that the developer will pay the costs of sewer and water extensions to the project site as needed. Building plans and other information to satisfy these requirements must be finalized between the Developer and the City before the annexation is effective. Adopted the 25t" day of September 2006. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Gary Gilot, President s/Carl Littrell, Member s/Donald E. Inks, Member FILING OF SAFETY REPORT/PERFORMANCE REPORT -CENTRAL SERVICES ' Central Services submitted a Safety Report and Performance Report for August 2006. These reports will reflect injuries/accidents for each month and provide for a comparison, as well as performance and goals of the department. There being no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the reports were accepted and filed. 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. Donald Tennyson, 19984 Darden Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary water system of the City, to provide sanitary water service to the south side of Darden Road, east of Kenilworth Road, South Bend, Indiana, (Key #992-1147- 6675), Mr. Tennyson 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. Gilot made a motion that the Consent be approved. Mr. Inks seconded the motion, which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following traffic control device was approved: NEW INSTALLATION: No Parking Signs LOCATION: Dead End of Garland Street at Fredrickson Park REMARKS: Needed to keep hammerhead turn-around open on dead-end street APPROVAL OF OCCUPANCY PERMIT Mr. Carl Littrell recommended approval of an Occupancy Permit for the AM General expansion on Niles Avenue for curbs and sidewalk in the amount of $5,000.00. Upon amotion made by Mr. Littrell, seconded by Mr. Inks and carried, the Occupancy Permit was approved. ~~ ~ REGULAR MEETING SEPTEMBER 25, 2006 APPROVE CONTRACTOR BOND Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: BOND OF CONTRACTOR Selge Construction Company, Inc. LICENSE BONDS Superior Fire & Water Towne, Inc. Approved September 11, 2006 Pursuant to Resolution No. 100-2000 Approved September 26, 2006, Pursuant to Resolution No. 100-2000 Approved September 26, 2006, Pursuant to Resolution No. 100-2000 Mr. Littrell made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mr. Inks seconded the motion, which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Gilot, seconded by Mr. Inks, and carried, the following Certificates of Insurance were accepted for filing: Towne, Inc. Elkhart, Indiana Superior Fire & Water Lakeville, Indiana APPROVE CLAIMS Mr. Gilot stated that the following claims were submitted to the Board for approval: Name Amount of Claim Date Cit of South Bend $1,315,620.79 Se tember 18, 2006 Ci of South Bend $2,619,958.76 Se tember 25, 2006 Rieth Riley Construction -Ireland Road Reconstruction $278,538.30 September 13, 2006 Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Littrell seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Ken McIntyre, W.A. Jones, 1171 South Williams Street, Columbia City, Indiana, stated his company was the next lowest bidder for the five (5) dump bodies awarded to Deeds Equipment on June 26, 2006. Mr. McIntyre reminded the Board that Deeds Equipment went out of business, and he assumed the bid award would go to W.A. Jones. In addition, he stated he heard Jack Doheny Supplies, Inc. would take over this job, however, upon speaking with representatives of Jack Doheny Supplies, Inc., he was informed that they are not in the truck equipment business. Mr. McIntyre stated they are not an aristocrat dealer and there would be problems getting parts and the warranty for said vehicles. Also, Jack Doheny Supplies, Inc. will not be building truck equipment. Mr. Gilot stated the low bid was submitted by Deeds Equipment. A letter from Jack Doheny Supplies, Inc. stated they purchased Deeds Equipment and would honor the initial bid and supply the required bid security. Mr. Ken Waite, Wiers International Trucks, 4849 Western Avenue, South Bend, Indiana, stated he spoke with an executive vice president of Jack Doheny Supplies, Inc., who told him they purchased only the assets. Mr. Gilot stated they would take this under advisement with the Legal Department. 1 1 1 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 10:40 a.m. REGULAR MEETING SEPTEMBER 25, 2006 3 BOARD OF PUBLIC WORKS Gary A. Gilot, President 1 1 1 Carl P. Limell, Member r~ ~ +..~ Donald E. Inks, Member EST: ~~ Angela I~ Jacob, Cle