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HomeMy WebLinkAbout01/13/97 Board of Public Works MinutesEl REGULAR MEETING JANUARY 13, 1997 The regular meeting of the Board of Public Works was convened at 9:3 5 a.m. on Monday, January 13, 1997, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. M. Catherine Roemer present. Board Member James R. Caldwell was not present. Also present was Board Attorney Anne Bruneel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the minutes of the regular meeting of the Board held on January 6, 1997, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - MICHIANA BOAT AND OUTDOOR SHOW Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a Transient Merchant License for the Michiana Boat and Outdoor Show, to be held from January 31, 1997 through February 2, 1997, to conduct the sale of boats and fishing tackle at the Century Center, as submitted by Mr. Melvin E. Wood, 326 North Victoria, Mishawaka, Indiana. Mr. Wood was present, and stated that this show would be the same as last year's, and that the show was very successful. 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. Leszczynski, seconded by Mrs. Roemer and carried, the Application for a Transient Merchant License was approved. APPROVAL OF APPLICATION FOR A CERTIFICATE OF PUBLIC CONVENIENCE - ACE CAB LINES Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Certificate of Public Convenience for Ace Cab Lines, as submitted by Mr. Robert M. Personett, 300 East High Street, Elkhart, Indiana. Mr. Mike Personett, 300 East High Street, was present, and stated that Ace Cab Company would like to be licensed in South Bend. They have six (6) cabs available, have a twenty-four (24) hour service, and will abide by the South Bend Municipal Code. Mr. Roger Woods, Roseland Cab, was present, and questioned as to whether Ace Cab would be available twenty-four (24) hours for service. Mr. Walter Jones, ABC Cabs, was present, and stated that Mr. Personett operates his cab company in Elkhart, and has a monopoly there, and is subsidized in his operations in the amount of $200,000.00. Mr. Personett replied that he does have higher insurance than what is required in South Bend. Mr. Jim Pather, Mishawaka Cab Company, was present, and questioned as to whether Ace Cab would be able to respond to the local clientele. Mr. Leszczynski responded that if customers call for his Cab Company, he would need to find a way to pick them up. Ms. Bruneel stated that the Municipal Code states that if the applicant is fit, willing, and able to provide service, and obligates to providing a central place of business, twenty-four (24) hour service, and has the necessary meters and inspections, a Certificate of Public Convenience may be issued. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Application for a Certificate of Public Convenience was approved. OPENING OF BIDS - NEAR WESTSIDE PARTNERSHIP CENTER SERVICE AREA - SIDEWALK, CURB AND APPROACH REPAIRS - PROJECT NO. 96-46 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: REGULAR MEETING WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. Douglas V. Kesler, General Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $134,935.25 JJAMCO CONSTRUCTION INC 25739 Lake Drive Elkhart, Indiana 46514 Bid was signed by Mr. Mike Molko, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Security was submitted BID: $131,736.90 L.L. GEANS &.SONS. INC. 1923 N. Home Street Mishawaka, Indiana 46545 Bid was, signed. by Mr. Rocky Geans, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $124,659.40 BATTEAST CONSTRUCTION COMPANY INC. 430 East LaSalle Avenue South Bend, Indiana Bid was signed by Mr. Richard Gagnon, Sr. Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $112,870.00 ZIOLKOWSKI CONSTRUCTION INC Post Office Box 1106 South Bend, Indiana 46624 Bid was signed by Mr. Randy Ziolkowski, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $136,505.35 RIETH-RILEY CONSTRUCTION CO. INC. Post Office Box 1775 South Bend, Indiana 46634 JANUARY 13, 1997 REGULAR MEETING Bid was signed by Mr. John M. Szuba, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $114,402.85 MCINTYRE JONES CONSTRUCTION CO. INC. 2526 West 6th Street Mishawaka, Indiana 46544 Bid was signed by Mr. Kenneth McIntyre, Chairman of the Board Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $125,093.50 KASER-SPRAKER CONSTRUCTION, INC. 25487 West State Road 2 South Bend, Indiana Bid was signed by Mr. Gary L. Spraker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $121,082.00 PBEND & BROWN, INC. Post Office Box 150 Milford, Indiana 46542 Bid was signed by Mr. Andrew J. Brown, Secretary -Treasurer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $111,438.90 NILES CONCRETE SAWING & CONSTRUCTION, INC. 2580 East Detroit Road Niles, Michigan 49120 Bid was signed by Mr. Daniel L. Kulwicki, Jr., President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $91,280.50 JANUARY 13, 1997 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - EQUIPMENT SERVICES FACILITY EXPANSION - PROJECT NO 96-68 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: REGULAR MEETING REINKE CONSTRUCTION CORPORATION 1216 West Sample Street South Bend, Indiana 46619 Bid was signed by Mr. H.G. Reinke, Jr., President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Base Bid: $619,000.00 Alternate 1: Deduct $7,258.00 Alternate 2: Deduct $9,400.00 Alternate 3: Add $9,100.00 L.L. GEANS & SONS. INC. 1923 North Home Street Mishawaka, Indiana 46545 Bid was signed by Mr. Rocky Geans, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 1e Base Bid: $660,100,00 Alternate 1: Deduct $25,000.00 Alternate 2: Deduct $ 9,400.00 Alternate 3: Add $ 4,829.00 Voluntary Alternate 4: Deduct $ 8,000.00 VERKLE& INC. 4406 Tecluiology Drive South Bend, Indiana 46628 Bid was signed by Mr. David Lusk Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Ulu Base Bid: $612,700.00 Alternate 1: Deduct $4,000.00 Alternate 2: Deduct $9,300.00 Alternate 3: Add $7,000.00 THE ROBERT HENRY CORPORATION 404 South Frances Street South Bend, Indiana 46624 Bid was signed by Mr. Stephen R. Henry, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted JANUARY 13. 1997 REGULAR MEETING Base Bid: Alternate 1: Alternate 2: Alternate 3: $582,289.00 Deduct $3,500.00 Deduct $9,000.00 Add $6,900.00 CASTEEL CONSTRUCTION CORPORATION 23186 West Ireland Road South Bend, Indiana 46614 Bid was signed by Mr. R.V. Casteel, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted In Base Bid: $628,000.00 Alternate 1:. Deduct $4,000.00 Alternate 2: Deduct $9,000.00 Alternate 3: Add $9,000.00 BATTEAST CONSTRUCTION COMPANY, INC 430 East LaSalle Avenue South Bend, Indiana 46617 Bid was signed by Mr. Richard Gagnon, Sr. Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted 1G Base Bid: $741,41.9.00 Alternate 1: Deduct $7,500.00 Alternate 2: Deduct $9,369.00 Alternate 3: Add $6,215.00 GIBSON-LEWiS. LLC. 1.001 West 1 Ith Street Mishawaka, Indiana 46544 Bid was signed by Mr. Robert Carpenter, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Base Bid: $588,500.00 Alternate 1:- Deduct $8,000.00 Alternate 2: Deduct $9,000.00 Alternate 3: Add $7,000.00 ZIOLKOWSKI CONSTRUCTION, INC. 1005 South Lafayette Boulevard South -Bend, Indiana 46624 JANUARY 13, 1997 1 1 11 REGULAR MEETING 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 BID: Base Bid: $670,046.00 Alternate 1: Deduct $2,962.00 Alternate 2: Deduct $9,369.00 Alternate 3: Add $7,300.00 JANUARY 13, 1997 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the bid submitted by Almac-Sotebeer, Inc:, 23805 County Road 6, Elkhart, Indiana 46544, was rejected, as it did not contain bid security. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - SALE OF CITY OWNED PROPERTIES - 2215 AND 2221 SMITH STREET This was the date set for receiving and opening of sealed bids for the above referred to properties. 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: William Harris 2212 West Smith Street South Bend, Indiana 46628 BID: $10.00 per vacant lot Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the above bid was referred to the Legal Department for review and recommendation. AWARD BID - CENTURY CENTER COOLING TOWER REPLACEMENT - PROJECT NO. 96- 80 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on January 6, 1997, 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 Edward J. White, Inc., 1011 South Michigan Street, South Bend, Indiana the amount of $148,400.00, which includes the base bid plus Alternate No. 1. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Roemer seconded the motion which carried. AWARD BID - ONE (1) 37 CUBIC YARD ALUMINUM DUMP TRAILER Mr. Matt Chlebowski, Director, Division of Equipment Services, advised the Board that on November 12, 1996, bids were received and opened for the above referred to trailer. After reviewing those bids, Mr. Chlebowski recommends that the Board award the bid to Pozzo Mack Sales and Service, Inc., 3001 East 15th Place, Gary, Indiana, in the amount of $29,724.00. Therefore, Mr. Leszczynski made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Roemer seconded the motion which carried. APPROVE CONSTRUCTION CONTRACT - COMBINED SEWER OVERFLOW DISCONNECTIONS -PROJECT NO 95-110 Mr. Leszczynski advised that in accordance with the bid awarded on December 9, 1996, to HRP Construction, Inc., 5777 Cleveland Road, South Bend, Indiana, in the amount of $95,500.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. REGULAR MEETING JANUARY 13, 1997 APPROVE CONSTRUCTION CONTRACT - SAMPLE-EWING REDEVELOPMENT AREA - STORM SEWER PHASE I - PROJECT NO 96-66 Mr. Leszczynski advised that in accordance with the bid awarded on December 30,1996, to Woodruff & Sons, Post Office Box 450, Michigan City, Indiana, in the amount of $785,751.05 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Contract was approved and the. appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CHANGE ORDER - KENDALL STREET PARK - PROJECT NO. 95-26 Mr. Leszczynski advised, that Mr. Bob Allen, Public Construction Manager, has submitted Change Order No. 1, on behalf of Kaser-Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana indicating that the Contract amount be increased $1,715.00 for a new Contract sum including this Change in the amount of $30,839.00. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Change Order was approved. APPROVE CONTRACT FOR EMERGENCY MEDICAL SERVICES - UNIVERSITY OF NOTRE DAME - SPECIAL EVENTS Mr. Leszczynski advised that the Board is in receipt of a Contract for Emergency Medical Services for Special Events between the University of Notre Dame, and the City of South Bend by and through the Board of Public Works. Therefore, .upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Contract was approved and executed. APPROVAL OF CONSULTING AGREEMENT - CLEVELAND ROAD PAVEMENT RECONSTRUCTION - PROJECT NO 97-10 Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Ken Herceg & Associates, 211 West Washington, South Bend, Indiana, for a consulting agreement to reconstruct the Cleveland Road pavement from one hundred (100) feet west of Bendix Drive to one hundred fifty (150) feet west of Portage Avenue, including the Bendix Drive approaches to the intersection with Cleveland from the Toll Road bridge to three hundred (300) feet north of Cleveland. Mr. Leszczynski noted that the Agreement is in -the amount of $47,000.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 2-1997 - ACQUISITION OF REAL PROPERTY Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 2-1997 RESOLUTION RELATING TO ACQUISITION OF REAL PROPERTY WHEREAS, it is deemed necessary by the City of South Bend to acquire unencumbered fee title to the following real estate, and a temporary construction easement, for the purpose of widening Ironwood Drive located in the City of South Bend, Indiana: Fee Simple Description A part of Lot 1 in the Hillside Addition to the City of South Bend, Indiana, the plat of which is recorded in Plat Book 12, page 136, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning at the northeast corner of said lot; thence South 0 degrees 05 minutes 20 seconds West 141.54 feet along the east line of said lot to the southeast corner of said lot; thence North 89 degrees 53 minutes 10 seconds West 6.00 feet along the south line of said lot; thence North 0 degrees 05 minutes 20 seconds East 136.55 feet; thence North 40 degrees 38 minutes 17 seconds West 6.58 feet to the north line of said lot; thence South 89 degrees 53 minutes 10 seconds East 10.30 feet along said north line to the point of beginning and containing 860 square feet, more or less. MZ REGULAR MEETING JANUARY 13, 1997 TEMPORARY RIGHT OF WAY FOR RETAINING WALL AND DRIVE CONSTRUCTION A part of Lots 1,2,3,4 and the east half of the vacated alley lying west of and adjoining said Lot 3 and the west half of the vacated alley lying east of and adjoining said Lot 4, all in the Hillside Addition to the City of South Bend, Indiana, the plat of which is recorded in Plat Book 12, page 136, in the Office of the Recorder of St. Joseph County, Indiana, described as follows: Beginning on the north line of said Lot 1 at a point North 89 degrees 53 minutes 10 seconds West 10.30 feet from the northeast corner of said lot; thence South 40 degrees 38 minutes 17 seconds East 6.58 feet; thence South 0 degrees 05 minutes 20 seconds West 136.55 feet to the south line of said lot; thence North 89 degrees 53 minutes 10 seconds West 29.00 feet along said south line of said lot; thence North 38 degrees 09 minutes 21 seconds East 32.44 feet; thence North 0 degrees 05 minutes 20 seconds East 40.00 feet; thence North 89 degrees 54 minutes 40 seconds West 25.00 feet; thence North 0 degrees 05 minutes 20 seconds East 71.00 feet; thence North 89 degrees 53 minutes 10 seconds West 60.02 feet; thence South 0 degrees 06 minutes 50 seconds West 15.00 feet; thence North 89 degrees 53 minutes 10 seconds West 75.97 feet to the west line of said Lot 4; thence North 0 degrees 05 minutes 20 seconds East 20.00 feet along said west line to -the northwest corner of said lot; thence South 89 degrees 53 minutes 10 seconds East 16 1. 00 feet along the north line of Lots 4,3,2 and 1 to the point of beginning and containing 5,239 square feet, more or less. WHEREAS, the Board of Public Works previously retained the services of Zanussi Company, Inc. to facilitate the acquisition of all right-of-way necessary to construct the project; and WHEREAS, purchase offers have been extended for all property necessary to construct the project between Ewing and Randolph; and WHEREAS, the offer to purchase the aforementioned Real Estate has not been accepted. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that: 1. All actions taken pursuant to the agreement between the City of South Bend and the Zanussi Company, Inc., including but not limited to the extension of offers to purchase real property, discussions concerning same, and real property acquisitions are hereby ratified. 2. The Board's attorney is authorized and directed to file a complaint in the name of the City of South Bend, Indiana, in order that appraisers be appointed to establish the value of said real estate, and all other necessary and proper actions be taken to accomplish the taking by eminent domain pursuant to law. Adopted this 13th day of January, 1997. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVAL OF A RESOLUTION AUTHORIZING AN AGENT TO ACCEPT PENSION LIABILITY ON BEHALF OF THE CITY OF SOUTH BEND Mr. Leszczynski stated that a Resolution Authorizing an Agent to Accept Pension Liability on Behalf of the City of South Bend has been presented to the Board for approval. This Resolution fully authorizes and empowers M. Catherine Roemer and Jeffrey Rinard, City Controller and Deputy Controller to act on behalf of the City of South Bend to accept pension liability, pursuant to I.C. 5- REGULAR MEETING JANUARY 13, 1997 10.2-3-1. Upon a motion made by Mrs. Roemer, seconded by Mr. Leszczynski, the Resolution was approved: APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by COZ Terminaling, Inc., An Arkansas Corporation, 20630 West Ireland Road, South Bend, Indiana. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City; to provide sanitary sewer service to 20630 West Ireland Road, South Bend, Indiana, COZ Terminaling, Inc. 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. Leszczynski made a motion that the Consent be approved. Mrs. Roemer seconded the motion which carried. APPROVE WASTEWATER DISCHARGE PERMIT In a Memorandum to the Board, .Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted the following Wastewater Discharge Permit and recommended approval: 1. AE Goetze 3605 West Cleveland Road, South Bend, Indiana 46628 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the Wastewater Discharge Permit was.approved. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the following three (3) traffic control devices were approved: NEW INSTALLATION: Handicap Sign LOCATION: 406 North Walnut REMARKS- Ms.. Mary Dokey has met all requirements NEW INSTALLATION: No Parking, 6:00 p.m. - 6:00 a.m. LOCATION: 600 Block of South Bend Avenue, Both Sides REMARKS Requested by South Bend Police. Tavern customers park on South Bend Avenue causing a very serious traffic hazard. Tavern has ample parking in the rear. REMOVAL: No Parking, Loading Zone LOCATION: 505 North Lafayette REMARKS: Day care has moved signed; not needed. RELEASE EXCAVATION BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Excavation Bonds be released as follows: EXCAVATION.BONDS Law Engineering and Environmental Services, Inc. Released January 13, 1997, effective May 1, 1997 Dick Helfman Plumbing & Heating, Inc. Released January 13, 1997, effective January 13, 1997 Mr_ Leszczynski made a motion that the recommendation be accepted and that the Bonds be released as outlined above. Mrs. Roemer seconded the motion which carried. 1 1 1 E 77 i I L REGULAR MEETING JANUARY 13, 1997 FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the following Certificates of Insurance were accepted for filing: LaFree Excavating, Inc. Insulco Asbestos Management 1251 West Third Street 2840 W. Vermond Osceola, Indiana 46561 Blue Island, Illinois APPROVE CLAIMS Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims in the amount of $173,446.37 and $31,339.90 and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. Mrs. Roemer seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. Roemer and carried, the meeting adjourned at 10:03 a.m. BOARD OF PUBLIC WORKS Sohn E. Leszczynski, r id nt James aldwell, Mem er �M. atherine Roemer, ember