HomeMy WebLinkAbout10/28/02 Board of Public Works MinutesREGULAR MEETING OCTOBER 28, 2002
The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, October
28, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present.
Also present was Board Attorney Thomas Bodnar.
AGENDA ITEM ADDED
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following item was added
to the agenda:
- Fredrickson Park Certifications for Indiana Department of Environmental Management
PUBLIC HEARING - APPLICATION FOR TRANSIENT MERCHANT LICENSE - WORLD
DISCOUNT CLUB SALE
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 Ms. Therese Mauder, 3810 Packard Road,
Ann Arbor, Michigan, to conduct the sale of perfume, electronics, jewelry, video games and clothing
at the Century Center on November 22 through 24, 2002. Favorable recommendations have been
received from the Police Department, Fire Department, Building Commissioner and the Legal
Department.
Mr. David Hicks, Century Center, was present, and recommended approval. 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.
PUBLIC HEARING - APPLICATION FOR TRANSIENT MERCHANT LICENSE - BROWN'S
TREE FARMS
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 Earl and Bonnie Brown, 8928 West Oak
Lane, Lake City, Michigan, to conduct the sale of Christmas Trees at the Broadmoor Plaza on Ireland
Road, South Bend, Indiana, on November 21 through December 22, 2002. Favorable
recommendations have been received from the Police Department, Fire Department, Building
Commissioner and the Legal Department.
There being no one 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.
OPENING OF BIDS - U.S. 31 TRUNK SEWER EXTENSION - PROJECT NO. 102-062
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:
YOUNGS EXCAVATING, INC.
Post Office Box 2766
South Bend, Indiana 46680
Bid was signed by Mr. Kurt Youngs
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $466,332.00
SELGE CONSTRUCTION COMPANY, INC.
2833 South I lt' Street
Niles, Michigan 49120
Bid was signed by Mr. James Boyles
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
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REGULAR MEETING OCTOBER 28, 2002
Five per cent (5%) Bid Bond was submitted
BID: $542,959.25
SMALL, INC.
25190 State Road 4
North Liberty, Indiana 46554
Bid was signed by Mr. Ronald Howell
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $592,800.34
OSELKA CONSTRUCTION COMPANY
Post Office Box 253
Union Pier, Michigan 49129
Bid was signed by Mr. Leslie S. Badgley
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $522,214.00
HRP CONSTRUCTION INC.
Post Office Box 266
South Bend, Indiana 46624
Bid was signed by Mr. Paul Fallon
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $716,981.00
WOODRUFF & SONS, INC.
Post Office Box 450
Michigan City, Indiana 46361-0450
Bid was signed by Mr. Todd Bell
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $521,657.80
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred
to the Division of Engineering for review and recommendation.
OPENING OF BIDS - RESTORATION OF OLIVE STREET PUMPING STATION - PROJECT
NO. 102-067
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:
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GIBSON LEWIS, LLC
1001 West 11" Street
Mishawaka, Indiana 46544
Bid was signed by Mr. Robert Carpenter
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $985,400.00
Alternate No. 1 Add $ 57,500.00
Alternate No. 2 Deduct $ 4,500.00
Alternate No. 3 $ 7,680.00
Alternate No. 4 Deduct $ 5,350.00
Alternate No. 5 Deduct $26,500.00
Unit Price No. 1 $ 55.00/Cubic Yard
Unit Price No. 2 $ 14.00/Cubic Yard
Unit Price No. 3 $ 105.00/Cubic Yard
Completion of Project 210 Calendar Days
H.G. CHRISTMAN CONSTRUCTION COMPANY, INC.
850 South Fellows Street
South Bend, Indiana 46601
Bid was signed by Mr. Howard Emmons
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $1,136,000.00
OCTOBER 28, 2002
Alternate No. 1 Add $102,300.00
Alternate No. 2 Deduct $ 8,000.00
Alternate No. 3 Add $ 3,800.00
Alternate No. 4 Deduct $ 6,000.00
Alternate No. 5 Deduct $ 23,000.00
Unit Price No. 1 $ 18.25/Square Yard (Add)
Unit Price No. 1 $ 14.50/Square Yard (Deduct)
Unit Price No. 2 Add $ 12.50/Cubic Yard
Unit Price No. 2 Deduct $ 9.50/Cubic Yard
Unit Price No. 3 $ 110.00/Cubic Yard
Unit Price No. 3 Deduct$ 40.00/Cubic Yard
Completion of Project 240 Calendar Days
CASTEEL CONSTRUCTION CORPORATION
23186 West Ireland Road
South Bend, Indiana 46614
Bid was signed by Mr. R.V. Casteel
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $1,159,000.00
Alternate No. 1 Add $57,400.00
Alternate No. 2 Deduct $ 9,100.00
Alternate No. 3 Add $12,700.00
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Alternate No. 4 Deduct $ 6,700.00
Alternate No. 5 Deduct $26,600.00
Unit Price No. 1 $ 20.00/Square Yard
Unit Price No. 2 $ 14.00/Cubic Yard
Unit Price No. 3 $ 70.00/Cubic Yard
Completion of Project 250 Calendar Days
KASER SPRAKER CONSTRUCTION, INC.
25487 West State Road 2
South Bend, Indiana 46619
Bid was signed by Mr. Gary Spraker
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $1,110,000.00
Alternate No. 1
Add $64,000.00
Alternate No. 2
Deduct $ 9,700.00
Alternate No. 3
Add $ 8,000.00
Alternate No. 4
Deduct $ 7,850.00
Alternate No. 5
Deduct $29,000.00
Unit Price No. 1
$ 66.00/Cubic Yard
Unit Price No. 2
$ 20.00/Cubic Yard
Unit Price No. 3
$ 90.00/Cubic Yard
Completion of Project
210 Calendar Days
THE ROBERT HENRY CORPORATION
404 South Frances Street
South Bend, Indiana 46624
Bid was signed by Mr. Stephen Henry
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $1,208,000.00
Alternate No. 1
Add $106,000.00
Alternate No. 2
Deduct $ 7,200.00
Alternate No. 3
Add $ 20,000.00
Alternate No. 4
Deduct $ 6,000.00
Alternate No. 5
Deduct $ 25,700.00
Unit Price No. 1
$ 30.00/Cubic Yard
Unit Price No. 2
$ 15.00/Cubic Yard
Unit Price No. 3
$ 75.00/Cubic Yard
Completion of Project
140 Calendar Days
ZIOLKOWSKI CONSTRUCTION, INC.
1005 South Lafayette
South Bend, Indiana 46601
Bid was signed by Mr. Randy Ziolkowski
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
OCTOBER 28, 2002
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BID: $1,056,107.00
Alternate No. 1
Alternate No. 2
Alternate No. 3
Alternate No. 4
Alternate No. 5
Voluntary Base Bid
No. 1
Unit Price No. 1
Unit Price No. 2
Unit Price No. 3
Completion of Project
OCTOBER 28, 2002
Add $53,441.00
Deduct $11,518.00
Add $ 2,598.00
Deduct $ 8,950.00
Deduct $21,673.00
Base Bid includes tile #1720, which is not "fine fissured"
To provide fine fissured tile #1728 or #1729
Deduct $3,479.00
$ 20.80/Square Yard
$ 38.75/Cubic Yard
$ 494.51/Cubic Yard
182 Calendar Days
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred
to Water Works and Engineering for review and recommendation.
OPENING OF BIDS - TJX SITE - DEMOLITION, GRADING AND DRAINAGE - PROJECT NO.
102-034C
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:
NATIONAL ENVIRONMENTAL SERVICES CORPORATION
417 South Walnut Street
Bloomington, Indiana 47401
Bid was signed by Ms. Victoria Schopp
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $2,153,451.00
Alternate No. 1 $122,725.00
UPI $ 7.75
UP2 $ 25.00
RIETH RILEY CONSTRUCTION COMPANY, INC.
Post Office Box 1775
South Bend, Indiana 46634
Bid was signed by Mr. Eugene Yarkie
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $3,315,940.00
Alternate No. 1 $109,500.00
UPI $ 2.50
UP2 $ 41.00
R&R EXCAVATING, INC.
2010 Went Avenue
Mishawaka, Indiana 46545
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Bid was signed by Mr. Robert Loudin
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $2,571,460.00
Alternate No. 1
UPI
UP2
$120,000.00
$ 6.50
$ 39.00
OCTOBER 28, 2002
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred
to the Division of Engineering for review and recommendation.
AWARD BID - TWO (2) 2002 TANDEM AXLE MULTI -USE DUMP TRUCKS - STREET
DEPARTMENT ^
Mr. Matthew Chlebowski, Director, Central Services, advised the Board that on August 26, 2002,
bids were received and opened for the above referred to equipment. After reviewing those bids, Mr.
Chlebowski recommends that the Board award the contract to Wise International, 4849 West
Western, South Bend, Indiana in the amount of $190,421.88.
Wise International *Rejected*
Body by W.A. Jones
$95,252.94 each 2 units
$190,505.88
Front Plow Option
$ 4,904.00 each
$ 9,808.00
Subtotal
$200,313.88
Trade -In
(-$4,500.00) each
($ 9,000.00)
Pay at Delivery Allowance
(41,105.00) each
($ 2,210.00)
Net Total
$189,103.88
The body company W.A. Jones has not been responsive to the request to see a completed unit as bid.
The City has not owned a unit of this make and model. A unit was requested so it could determined
if the unit bid is responsive to ter specification. After working with the vendor for more than five
weeks, they were still unable to provide a unit for inspection.
Proof has not been given to the City of South Bend that the radius dimensions of the dump body is
sufficient to accommodate the leaf boxes without modification. At present, the leaf boxes are all
interchangeable with all dump bodies (single axle to single axle, tandem to tandem). If a unit should
break down for a lengthy repair, the leaf box can be removed and placed in another unit with minor
down time or disruption to the Leaf Program. The specification deviation of a two inch radius is the
basis for rejection, and is therefore unresponsive. 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.
APPROVAL OF AGREEMENT - INFRASTRUCTURE IMPROVEMENTS - SANITARY SEWER
ON PORTAGE AVENUE - TEACHERS CREDIT UNION
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
Teachers Credit Union, 110 Main, South Bend, Indiana, for the above referred to project. Therefore,
upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Agreement was approved
and executed.
DENY REQUEST FOR ESTABLISHMENT OF A RESIDENTIAL PARKING ZONE - 300
BLOCK EAST MILTON
Mr. Eric Jernigan, 1824 Columbia Street, South Bend, Indiana, submitted a petition for the
Establishment of a Residential Parking Zone for the 300 block of East Milton. The Bureau of Traffic
and Lighting conducted a parking survey in the 300 block of East Milton Street on September 25,
2002. The Municipal Code allows the Board of Public Works to restrict parking in a neighborhood
to residents and their visitors if a survey shows that parking spaces in the study area are more than
seventy five percent occupied and that more than twenty five percent occupied by non-residents. The
study has found that on the average only 31 % of the curb space is occupied and that only 21 % of the
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REGULAR MEETING OCTOBER 28, 2002
occupancy is by non-residents. The study shows that the parking occupancy does not meet Code
criteria. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request
for the establishment of a residential parking zone in the 300 block of East Milton was denied.
FAVORABLE RECOMMENDATION - REQUEST TO VACATE AN ALLEY
Mr. Gilot indicated that the Common Council has submitted to the Board a Vacation Petition as
completed by Mr. Richard Deahl, Barnes & Thornburg, South Bend, Indiana, to vacate the following
alley:
The first north/south alley east of Michigan Street from Navarre Street to Bartlett Street for
a distance of 5 86 feet and a width of 14 feet. Being a part of Rockstroh Brothers Subdivision
in the City of South Bend, St. Joseph County, Indiana.
Mr. Gilot advised that the Board is in receipt of favorable recommendations concerning this
Vacation Petition from the Area Plan Commission, Police Department, Sanitation, Department of
Economic Development and the Department of Public Works. The Fire Department stated they
would need to see future plans for development in conjunction with fire and safety protection. Area
Plan stated that by the information provided on the petition, it is unclear whether or not the petitioner
owns at least 50 percent of the land adjacent to the alley. Also, many of the properties along the
alley need the alley to gain access to either parking areas and/or the rear of their buildings. If the
alley is vacated then some of the adjacent property owners will not have sufficient access to their
property. Area Plan recommends that a cross -access easement be created for all potentially
aggrieved property owners. If adequate access to these properties is not obtained through such an
easement, Area Plan recommends denial of the petition to vacate the alley. In addition, it is
recommended that utility easements be created as necessary. Memorial Hospital and/or their partner
own all the properties. Therefore, Mr. Inks made a motion that the Board send a favorable
recommendation to the Common Council concerning this Vacation Petition. Mr. Littrell seconded
the motion which carried.
ADOPT RESOLUTION NO. 65-2002 - DISPOSAL OF CITY OWNED PROPERTY
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was
adopted by the Board of Public Works:
RESOLUTION NO. 65-2002
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
11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South
Bend to determine that the sidearm of a police officer who retires in good standing is surplus
property and no longer useful to the City of South Bend; and
WHEREAS, CHIEF LARRY BENNETT retired from the South Bend Police Department
after twenty (20) years of service and the Board of Public Safety of the City of South Bend has
determined that he has retired in good standing; and
WHEREAS, I.C. 36-1-11-6 permits and establishes 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;
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South
Bend that sidearm Serial No. AD17450 a .40 caliber Sig -Sauer sidearm, is no longer needed by the
City and is unfit for the purpose for which it was intended and has an estimated fair market value of
less than Five Hundred Dollars ($500.00).
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REGULAR MEETING OCTOBER 28, 2002
BE IT FURTHER RESOLVED that said property be disposed of and removed from the City
inventory.
ADOPTED this 28th day of October 2002.
BOARD OF PUBLIC WORKS
s/Gary A. Gilot, President
s/Carl P. Littrell, Member
s/Donald E. Inks, Member
ATTEST:
s/Angela K. Jacob, Clerk
APPROVE TRAFFIC CONTROL DEVICES
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following traffic control
devices were approved:
NEW INSTALLATION
LOCATION:
REMARKS:
NEW INSTALLATION:
LOCATION:
REMARKS:
Handicapped Accessible Parking Space Signs
2110 South Arnold
All requirements have been met
Handicapped Accessible Parking Space Signs
1411 Sample (Signs installed on Harris)
All requirements have been met
APPROVAL OF INSTALLATION OF BIKE ROUTE SIGNS
Mr. Littrell stated that the Michiana Area Council of Governments (MACOG) has adopted a bike
route in St. Joseph County, and the installation of the bike route signs is a County and City joint
effort. The designated locations are as submitted, and Traffic and Lighting will maintain the signage.
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the installation of the bike
route signs at the designated locations was approved.
APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE
Mr. Gilot stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to
Remonstrate as submitted by Ms. Doris Landick, 53160 Nadine Street, South Bend, Indiana. The
Consent indicates that in consideration for permission to tap into the public sanitary sewer and water
system of the City, to provide sanitary sewer and water service to the east side of Nadine, South of
Cleveland Road, South Bend, Indiana, (Key # 02-1158-7464), Ms. Landick 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. Littrell made a motion that the Consent be approved. Mr.
Inks seconded the motion which carried.
FILING OF QUARTERLY REPORT - BUREAU OF PUBLIC CONSTRUCTION
Mr. Toy Villa, Public Construction Manager, submitted a quarterly report for July, August and
September. This report reflects the status of public construction in the right-of-way. There being
no further discussion, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the report
was filed.
FILING OF CERTIFICATES OF INSURANCE
Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the following Certificates of
Insurance were accepted for filing:
South Bend Marriott
123 North St. Joseph
South Bend, Indiana 46601
Northeast Neighborhood
Revitalization Organization, Inc.
803 North Notre Dame Avenue
South Bend, Indiana 46617
Chip Anthoni Enterprises, Inc.
d/b/a U.S. Signcrafters
216 Lincolnway East
Osceola, Indiana 46561-2769
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APPROVE AND/OR RELEASE OCCUPANCY, CONTRACTOR AND EXCAVATION BONDS
Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following
Occupancy, Contractors and Excavation Bonds be approved and/or released as follows:
BOND OF CONTRACTOR
L.E. Barber, Inc.
Scott E. Martin
Christian L. Wood
EXCAVATION BONDS
Christian L. Wood
OCCUPANCY BOND
Casteel Construction
Released Effective October 24, 2002
Approved Effective October 17, 2002
Pursuant to Resolution No. 100-2000
Approved Effective October 22, 2002
Pursuant to Resolution No.100-2000
Approved Effective October 22, 2002
Pursuant to Resolution No.100-2000
Approved Effective October 15, 2002,
Pursuant to Resolution No. 100-2000
Mr. Gilot made a motion that the recommendation be accepted and that the Bonds be approved and/or
released as outlined above. Mr. Inks seconded the motion which carried.
APPROVAL OF SUBMITTAL OF CERTIFICATIONS FOR INDIANA DEPARTMENT OF
ENVIRONMENTAL MANAGEMENT - FREDRICKSON PARK
Mr. Gilot stated that the Indiana Department of Environmental Management has requested
Certifications from the City of South Bend on the Brownfields Cleanup Revolving Loan Fund
(BCRLF) loan to the City of South Bend for the planned activities at the Fredrickson Park landfill.
The project includes transforming this former landfill into an environmental education center. The
project has key partners, such as the South Bend Community School Corporation and the University
of Notre Dame, as well as the Northeast Neighborhood Association, working to make this concept
a reality. The City has the support and guidance from the Indiana Department of Environmental
Management (IDEM) and the Indiana Development Finance Authority (IDFA) on pursuing the vision
for this environmental education asset for future generations of the South Bend community to learn
more about being good environmental stewards. The Certifications will provide to IDEM the
eligibility requirements of the cooperative agreement for the Brownfields Cleanup Revolving Loan
Fund monies. The Board of Public Works has management oversight for the various City properties
and rights -of -way as well as management oversight for municipal utilities, including their obligations
under the Safe Drinking Water and Clean Water Act. The Board of Public Works is well aware of
its environmental compliance obligations on behalf of the people of South Bend and makes these
certifications knowing the full responsibility of these relevant environmental compliance laws,
regulations and policies. The Certifications include an outline of the City of South Bend's
environmental compliance history; certification that the City of South Bend is not currently, or has
not, subject to any penalties resulting from environmental non-compliance at the site subject to this
loan; certification that the City of South Bend has not caused, contributed to, permitted, or
exacerbated the release of a hazardous substance on, or emanating from the site subject to this loan;
and certification that the City of South Bend has not been a generator or transporter of contamination
at the site subject of this loan. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Littrell
and carried, the Board authorized Mr. Gilot to submit the Certifications to the Indiana Department
of Environmental Management.
RATIFICATION OF PREVIOUSLY APPROVED ITEMS
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following agenda items
were ratified. It was noted these agenda items were approved by the Board of Public Works at the
agenda session held on October 24, 2002.
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OCTOBER 28, 2002
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 10:27 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
�2Ab�_
Carl P. Littrell, Member
Donald E. Inks, Member
Angela K. acob, Cler` U�Y
The Public Agenda Session of the Board of Public Works was convened at 8:35 a.m. on Thursday,
October 24, 2002, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks
present. Also present was Board Attorney Thomas Bodnar.
AGENDA ITEMS ADDED/TABLED
Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the following items were
added/tabled:
- Contract Addendum - Added
- Contract - AmeriCorps Program - Added
- Agreement/Utility Easement - Transfer of Property (YWCA) Memorial Hospital - Added
- Bid Award - Two (2) Tandem Axle Multi -Use Dump Trucks - Tabled
- Sewer Agreement - Portage Avenue - Tabled
- Establishment of Residential Parking Zone - 300 East Milton - Tabled
- Quarterly Report - Bureau of Construction - Tabled
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the regular
meeting of the Board held on October 14, 2002, were approved.
AWARD BID - ONE (1) SOLAR POWERED ARROW BOARD - SEWER DEPARTMENT
Mr. Lou Grounds, Central Services, requested permission to purchase one (1) solar powered arrow
board to replace a unit in the Sewer Department that was totaled in an accident. This is an extension
of the bid award to U.S. Traffic Corporation, 9603 John Street, Santa Fe Springs, California, dated
April 10, 2002, in the amount of $3,895.00. Therefore, Mr. Gilot made a motion that the
recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the
motion which carried.
AWARD BID - ONE (1) SEWER EASEMENT MACHINE - SEWER DEPARTMENT
Mr. Lou Grounds, Central Services, advised the Board that on October 14, 2002, bids were received
and opened for the above referred to equipment. After reviewing those bids, Mr. Matthew
Chlebowski, Director, Equipment Services, recommends that the Board award the contract to the
lowest responsible and responsive bidder, Northern Equipment Company, 16465 West Lincolnway,
Plymouth, Indiana, in the amount of $19,229.00. Therefore, Mr. Gilot made a motion that the
recommendation be accepted and the bid be awarded as outlined above. Mr. Inks seconded the
motion which carried.
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REGULAR MEETING OCTOBER 28, 2002
AWARD BID - SHERIDAN STREET IMPROVEMENTS (RE -BID) - PROJECT NO. 102-023
Mr. Carl P. Littrell, City Engineer, advised the Board that on October 14, 2002, bids were received
and opened for the above referred to project. After reviewing those bids, Mr. Littrell recommends
that the Board award the contract to the lowest responsible and responsive bidder, Niles Concrete
Sawing & Construction, Post Office Box 1299, Niles, Michigan, in the amount of $140,908.00.
Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded as
outlined above. Mr. Inks seconded the motion which carried.
AWARD QUOTATION - MIAMI VILLAGE PARK - PHASE II - PROJECT NO. 102-025
Mr. Carl P. Littrell, City Engineer, advised the Board that on October 9, 2002, quotations were
received and opened for the above referred to project. After reviewing those bids, Mr. Littrell
recommends that the Board award the contract to the lowest responsible and responsive bidder, L.L.
Geans, 1923 North Home, Mishawaka, Indiana, in the amount of $26,546.00. Therefore, Mr. Inks
made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr.
Littrell seconded the motion which carried.
APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) MORE OR
LESS. INDUCTIVELY COUPLED PLASMA (OPTIMAL EMISSION SPECTROMETER)
In a memorandum to the Board, Mr. Matthew Chlebowski, Director, Equipment Services, requested
permission to advertise for the receipt of bids for the above referred to equipment. Therefore, upon
a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request to advertise for the receipt
of bids was approved.
APPROVE REOUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED
VEHICLES
Ms. Liz Horton, Department of Code Enforcement, requested permission to advertise for the sale of
approximately eight (8) abandoned vehicles, which are being stored at Super Auto Salvage
Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been
stored more than fifteen (15) days, identification checks had been run for auto theft and the owners
and lienholders notified. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and carried, the
above request was approved.
APPROVE CHANGE ORDER - ROBERT BOSCH CORPORATION FACILITIES UPGRADE -
PHASE II - ZIOLKOWSKI CONSTRUCTION - PROJECT NO. 102-012
Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 4 on behalf
of Ziolkowski Construction, 1005 South Lafayette, South Bend, Indiana indicating that the Contract
amount be increased $2,735.70 for a new Contract sum including this Change Order in the amount
of $5,542,475.70. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change
Order was approved.
APPROVE CHANGE ORDER - PUBLIC WORKS SERVICE CENTER - CASTEEL
CONSTRUCTION - PROJECT NO. 101-01
Mr. Gilot advised that Mr. Carl Littrell, City Engineer, has submitted Change Order No. 3 on behalf
of Casteel Construction, 23186 West Ireland Road, South Bend, Indiana indicating that the Contract
amount be increased $59,924.00 for a new Contract sum including this Change Order in the amount
of $6,788,723.00. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Change
Order was approved.
APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -
41 MISHAWAKA AVENUE IMPROVEMENTS - RIETH RILEY CONSTRUCTION - PROJECT NO.
102-009
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No.
2 (Final) on behalf of Rieth Riley Construction, Post Office Box 1775, South Bend, Indiana,
indicating that the contract amount be decreased by $3,157.65 for a new contract sum including this
Change Order in the amount of $70,157.35. Additionally submitted was the Project Completion
Affidavit indicating this new final cost. Upon a motion made by Mr. Inks, seconded by Mr. Gilot and
carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved subject to
the filing of the appropriate three-year Maintenance Bond.
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REGULAR MEETING OCTOBER 28, 2002
APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - 2002
PUBLIC WORKS CURB AND SIDEWALK PROGRAM - ZONE 2 - SELGE CONSTRUCTION -
PROJECT NO. 102-019
Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change
Order on behalf of Selge Construction, 2833 South 1 lt" Street, Niles, Michigan, indicating that the
contract amount be decreased by $21,999.50 for a new contract sum including this Change Order in
the amount of $261,149.50. Additionally submitted was the Project Completion Affidavit indicating
this new final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Littrell and carried, the Final
Change Order and the Project Completion Affidavit were approved subject to the filing of the
appropriate three-year Maintenance Bond.
APPROVE CONTRACTS/ADDENDUM - COMMUNITY DEVELOPMENT
The following Contracts and Addendum were presented to the Board for approval:
Dismas of Michiana
Agency Contract
No Cost to
City
St. Joseph High School
Neighborhood Youth Grant - Neighborhood
$1,350.00
Activities
Near Northwest Neighborhood/
Addendum - Extend time period of Contract
No Cost to
DeMaude/California/Woodward
for expenditure of CDBG Funds
City
Revitalization
1219 South 26t" Street
River Park Housing Repair & Improvement
$6,923.25
Matching Grant Agreement
3121 Northside Boulevard
River Park Housing Repair & Improvement
$7,398.75
Matching Grant Agreement
3003 Northside Boulevard
River Park Housing Repair & Improvement
$3,208.21
Matching Grant Agreement
1234 South 301" Street
River Park Housing Repair & Improvement
$2,775.00
Matching Grant Agreement
1322 South 32" Street
River Park Housing Repair & Improvement
$1,637.29
Matching Grant Agreement
1230 South 30" Street
River Park Housing Repair & Improvement
$4,920.00
Matching Grant Agreement
442 South Jackson
West Side Housing Repair & Improvement
$7,500.00
Matching Grant Agreement
446 South Harris
West Side Housing Repair & Improvement
$5,850.00
Matching Grant Agreement
423 South Brookfield
West Side Housing Repair & Improvement
$5,654.35
Matching Grant Agreement
Robinson Community Learning
AmeriCorps Program Agency Contract
No Cost to
Center
City
Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the above referred to Contracts
were approved and executed.
APPROVE CONSTRUCTION CONTRACT - SOUTH SIDE ANNEXATION AREA WATER AND
SEWER EXTENSION - PHASE III - OSELKA CONSTRUCTION - PROJECT NO. 101-020
Mr. Gilot advised that in accordance with the bid awarded on October 14, 2002, to Oselka
Construction, Post Office Box 253, Union Pier, Michigan, in the amount of $958,066.12 for the above
referred to project, a Contract in said amount was being submitted for Board approval. Upon a
motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Contract was approved and the
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REGULAR MEETING OCTOBER 28, 2002
appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as
submitted were filed.
APPROVAL OF PROPOSAL - SITE ANALYSIS/CONCEPT PLANS - SOUTH STREET
DEVELOPMENT - THE TROYER GROUP
Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and The
Troyer Group, 550 Union, Mishawaka, Indiana, for the above referred to project. Mr. Gilot noted that
the Proposal is in the amount not to exceed $20,000.00. Therefore, upon a motion made by Mr.
Littrell, seconded by Mr. Gilot and carried, the Proposal was approved and executed.
APPROVAL OF PROPOSAL - FINANCIAL ANALYSIS - FREDRICKSON PARK
REMEDIATION LOAN - CROWE CHIZEK AND COMPANY LLP
Mr. Gilot stated that the Board is in receipt of a Proposal between the City of South Bend and Crowe
Chizek and Company, LLP, 2000 Market Tower, Indianapolis, Indiana, for a financial analysis of the
Fredrickson Park Remediation Loan. Mr. Gilot noted that the Proposal is in the amount not to exceed
$1,500.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the
Proposal was approved and executed.
APPROVAL OF DEVELOPMENT AGREEMENT/PARTIAL RELEASE OF
EASEMENT/RELEASE OF PREVIOUS DEVELOPMENT AGREEMENT - CONVEYANCE OF
PROPERTY TO YWCA FOR A NEW FACILITY- YWCA
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and the
YWCA, South Bend, Indiana. This Agreement conveys property to the YWCA for a new facility,
and is a substitution for a prior development agreement. An easement was created by the vacation
of Keasy Street by a City ordinance, and is a partial release for the easement for an abandoned sewer
line. A Resolution was approved by the Board in August of 2002 for the release of easement. A
check for $3,232.00 was presented to the Board on behalf of the YWCA. Upon a motion made by Mr.
Inks, seconded by Mr. Littrell and carried, the Development Agreement, the Partial Release of
Easement and the Release of the Terms of the Previous Development Agreement were approved.
APPROVAL OF ESCROW AGREEMENT - FORMER PLOW WORKS DEMOLITION - PHASE
II - BIANCHI INDUSTRIAL SERVICES/M&T BANK
Mr. Gilot stated that the Board is in receipt of an Escrow Agreement between the City of South Bend;
Bianchi Industrial Services, 208 Longbranch Road; and M&T Bank, Syracuse, New York, for the
above referred to project. Mr. Gilot noted that this project is in excess of $100,000.00. Therefore,
upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Escrow Agreement was
approved and executed.
APPROVAL OF AGREEMENT - ENVIRONMENTAL SERVICES - OLIVER PLOW WORKS
DEMOLITION - PHASE II - GRAUVOGEL AND ASSOCIATES
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and
Grauvogel and Associates, 17660 Falls Creek Drive, Granger, Indiana, for services necessary to
assure environmental remediation is properly undertaken and completed by he Contractor for the
above referred to project. Mr. Gilot noted that the Agreement is in the amount not to exceed
$100,000.00. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the
Agreement was approved and executed.
APPROVAL OF PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY - 1043
BURNS AVENUE
Mr. Gilot stated that the Board is in receipt of an Agreement between the City of South Bend and Mr.
James Sharpe, 15386 Hunting Ridge Trail, Granger, Indiana, for the sale of City -owned property at
1043 Burns Avenue. Mr. Gilot noted that the Agreement is in the amount of $510.00, plus
advertising costs, to be paid by Mr. Sharpe. Therefore, upon a motion made by Mr. Littrell, seconded
by Mr. Inks and carried, the Agreement was approved and executed.
APPROVAL OF CITY OF SOUTH BEND CAPITAL ASSETS POLICY
In a letter to the Board, Mr. Thomas Skarbek, Controller's Office, submitted a new Capital Assets
Policy that will conform to new GASB 34 standards. The Controller's office has updated the current
capital policy to meet these new standards. The State Board of Accounts has also approved this
REGULAR MEETING OCTOBER 28, 2002
updated policy. This policy will be replacing Resolution No. 71-2001. Upon a motion made by Mr.
Gilot, seconded by Mr. Littrell and carried, the Capital Assets Policy was approved.
ACKNOWLEDGMENT OF REQUEST - LICENSE APPLICATION FOR CHARITABLE
SOLICITATION - PAINTERS #1118
Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Police
Department and the City Attorney's office, in reference to a request as submitted by Mr. Larry
Harringer, Painters #1118, 1345 Northside Boulevard, South Bend, Indiana to conduct a charitable
solicitation for children's charities on October 26, 2002, at Lincolnway and Ironwood. Upon a
motion made by Mr. Gilot, seconded by Mr. Inks and carried, the request was acknowledged, and the
Board suggested that all participants wear protective safety vests during their solicitation.
APPROVAL OF RECOMMENDATION - TO CONDUCT THE 100 YEAR WALK FOR WOMEN -
YWCA OF ST. JOSEPH COUNTY
Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park
Department, Police Department and the City Attorney's office, in reference to a request as submitted
by Ms. Sanya Applegate, YWCA, 802 North Lafayette, South Bend, Indiana to conduct the above
referred to walk on October 23, 2002, on the designated route as submitted. Upon a motion made by
Mr. Gilot, seconded by Mr. Littrell and carried, the recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CONDUCT RED RIBBON MARCH - UNITED
COMMUNITY AGAINST ALCOHOL DRUG ABUSE
Mr. Gilot stated that favorable recommendations have been received by Traffic and Lighting, Park
Department, Police Department and the City Attorney's office, in reference to a request as submitted
by Ms. Gladys Muhammad, South Bend Heritage Foundation, 914 Lincolnway West, South Bend,
Indiana to conduct the above referred to march on November 1, 2002, on the designated route as
submitted. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the
recommendation was approved.
APPROVAL OF RECOMMENDATION - TO CLOSE STREET - MANITOU FROM FOREST TO
PARK AVENUE - HALLOWEEN PARTY (PANA)
Mr. Gilot stated that favorable recommendations have been received by the Division of Engineering,
Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Stan
Molenda, 622 Park Avenue, South Bend, Indiana, to conduct the above referred to block party on
October 27, 2002, from 2:00 p.m. until 9:00 p.m. Upon a motion made by Mr. Inks, seconded by Mr.
Littrell and carried, the recommendation was approved.
REQUEST TO VACATE AN ALLEY - 1814 MAGNOLIA
Mr. Gilot indicated that a Ms. Joni Six, 1814 Magnolia Street, South Bend, Indiana submitted a
request for a an alley vacation near 1814 Magnolia. Mr. Gilot advised that the Board is in receipt of
favorable recommendations concerning this request from the Police Department, Fire Department,
Sanitation, Department of Economic Development and the Department of Public Works. The
Division of Engineering stated that the proposed vacation would create a "T" alley. Since it is only
one lot in length, larger vehicles can safely and conveniently back out. The petitioner has a garage
with access to the alley that may be proposed for vacation The plat map indicates that the alley was
dedicated from land in Sywgart's 3`d Addition subdivision. The home and garage is in the Walnut
Addition subdivision. If this alley were vacated, the land would become the property of the land
owner to the south of her. Ms. Six would not have access to the garage unless she made arrangements
with the landowner to obtain that right. The Magnolia Street curb cut will need to be closed or
transformed into a driveway. Closure at the east end will also be needed or it should be transformed
into a driveway. Area Plan stated that a utility easement and additional turning radii for a newly
created stub alley would be necessary.
REQUEST FOR PETITION FOR A HANDICAPPED RESERVED PARKING AREA
Ms. Angelica Cantrell, 2985 Heritage, Mishawaka, Indiana, submitted a petition and application for
Reserved Parking Area, near the County -City Building. Ms. Cantrell has met the criteria for
Ordinance No. 8518-94. The fee for the parking area is $35.00 per month, to be paid by the
petitioner, and is only valid for the vehicle to which it is registered. Upon a motion made by Mr.
Gilot, seconded by Mr. Inks and carried, the Petition for a Handicapped Reserved Parking Area was
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REGULAR MEETING
OCTOBER 28, 2002
approved, at the location of 227 West Jefferson, at the corner of Jefferson and Lafayette Boulevard.
APPROVE CLAIMS
Mr. Gilot stated that the following claims were submitted to the Board for approval:
Name
Amount of Claim
Date
City of South Bend
$2,720,833.07
October 14, 2002
City of South Bend
$4,011,330.73
October 21, 2002
Business Furnishings (Public
Works Service Center)
$ 1,844.70
September 16, 2002
St. Joseph County Housing
Consortium
$ 206.80
October 16, 2002
St. Joseph County Housing
Consortium
$ 231.00
October 16, 2002
Kaser Spraker Construction
(Olive Street Building)
$ 15,034.98
September 9,2002
Mr. Inks made a motion that the claims be approved and the reports as submitted be filed. Mr. Gilot
seconded the motion which carried.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Mr. Inks and carried, the meeting adjourned at 9:36 a.m.
A,, EST:
Angela . Jacob, Cl k
BOARD OF PUBLIC WORKS
ti
Gary A. Gilot, President
Carl P. Littrell, Member
Donald E. Inks, Member
3301
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