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Home My WebLink About11/24/97 Board of Public Works Minutes471 REGULAR MEETING NOVEMBER 24, 1997 The regular meeting of the Board of Public Works was convened at 9:41 a.m. on Monday, November 24, 1997, by Board Member James R. Caldwell, with Mr. Carl P. Littrell and Ms. M. Catherine Roemer present. Also present was Board Attorney Michelle Engel. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the minutes of the regular meeting of the Board held on November 17, 1997, were approved. OPENING OF BIDS - MIAMI ROAD SANITARY SEWER - PROJECT NO. 94-68 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: LAFREE EARTH, INC. Post Office Box 1752 Mishawaka, Indiana 46546 Bid was signed by Mr. Greg LaFree, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $385,690.00 SMALL, INC. 25190 State Road 4 North Liberty, Indiana 46554 Bid was signed by Mr. Ronald N. Howell, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $325,041.00 HERRMAN & GOETZ, dba UNDERGROUND SERVICES, INC. 225 South Lafayette Boulevard South Bend, Indiana 46601 Bid was signed by Mr. Thomas J. Herrman Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $313,321.30 ATLAS EXCAVATING, INC. 1270 Washington Avenue Frankfort, Indiana 46041 Bid was signed by Ms. Tina Dillon, Secretary/Treasurer Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $243,234.00 472 REGULAR MEETING SELGE CONSTRUCTION COMPANY, INC. 2833 South I Vh Street Niles, Michigan 49120 Bid was signed by Mr. James Boyles, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $266,508.85 YOUNGS EXCAVATING, INC. 50563 Dusty Trail Court Granger, Indiana 46530 Bid was signed by Mr. Kurt D. Youngs, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $240,925.85 HRP CONSTRUCTION. INC. Post Office Box 266 Mishawaka, Indiana 46624-0266 Bid was signed by Mr. Paul J. Fallon, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $249,221.00 R & R EXCAVATING, INC. 2010 Went Avenue Mishawaka, Indiana 46545 Bid was signed by Mr. Robert P. Loudin, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $627,891.00 NOVEMBER 24, 1997 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to the Division of Engineering OPENING OF BIDS - NIMTZ PARKWAY ACCESS ROAD LANDSCAPING - PROJECT NO. 95-18-6 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: REINHART'S LANDSCAPING INC. 316 South I Ph Street Decatur, Indiana 46733 Bid was signed by Mr. Riley G. Reinhart, President Non -Collusion Affidavit was in order 1 1 473 REGULAR MEETING Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $12%071.00 HUNZIKER' S INC. 2344 Yankee Street Niles, Michigan 49120 Bid was signed by Mr. Jerry Hunziker, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $98,854.00 GINGER VALLEY LANDSCAPE & DESIGN INC. 15065 State Road 23 Granger, Indiana 46530 Bid was signed by Mr. David Letcher, General Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $121,775.00 NOVEMBER 24, 1997 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bids were referred to the Division of Engineering for review and recommendation. APPROVE CONSTRUCTION CONTRACT FOR NEAR WEST SIDE NEIGHBORHOOD PARTNERSHIP CENTER SERVICE AREA - PROJECT NO 97-40 Mr. Caldwell advised that in accordance with the bid awarded on November 3, 1997, to Northern Indiana Construction Company, Inc., Post Office Box 1333, Mishawaka, Indiana in the amount of $78,309.99 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. TERMINATION OF CONTRACT -SLUDGE DIGESTER CLEANING -PROJECT NO. 97-49-1 Mr. Caldwell advised that Mr. John Dillon, Director, Division of Environmental Services has submitted a Termination of Contract to Metropolitan Environmental Services, Inc., 5055 Nike Drive, Columbus, Ohio, for the above referred to project. Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the Termination of Contract was approved. APPROVE CHANGE ORDER - MONROE STREET SANITARY SEWER - PROJECT NO. 97- 13 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted a Final Change Order on behalf of HRP Construction, Inc., Post Office Box 266, South Bend, Indiana, for the above indicated project, indicating that the Contract amount be increased $14,896.00 for a new Contract sum including this Change Order in the amount of $93,712.00. Upon a motion made by Mr. Littrell , seconded by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - OHIO STREET SIDEWALK CURB APPROACH AND PAVEMENT REPAIRS - PROJECT NO 97-36 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Rieth-Riley Construction Company, Inc., Post Office Box 1775, South Bend, Indiana, indicating that the Contract amount be increased $9,431.52 for a new Contract sum including this Change by Order in the amount of $98,610.37. Upon a motion made by Mr. Littrell, seconded 474 REGULAR MEETING NOVEMBER 24, 1997 by Ms. Roemer and carried, the Change Order was approved. APPROVE CHANGE ORDER - 1997 CONCRETE PAVEMENT REPAIRS - PROJECT NO. 97- 53 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted a Final Change Order on behalf of Rieth-Riley Construction Company, Inc., Post Office Box 1775, South Bend, Indiana, indicating that the Contract amount be increased $27,965.84 for a new Contract sum including this Change by Order in the amount of $196,078.17. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - ELDER PARKWAY - PROJECT 95-65 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Rieth-Riley Construction Company, Inc., Post Office Box 1775, South Bend, Indiana, indicating that the Contract amount be decreased $101,307.55 for a new Contract sum including this Change by Order in the amount of $1,201,556.40. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - IRONWOOD RECONSTRUCTION - PROJECT NO. 96-025-3 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 3 on behalf of Small, Inc., 25190 State Road 4, North Liberty, Indiana, indicating that the Contract amount be increased $378.94 for a new Contract sum including this Change by Order in the amount of $1,066,148.17. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVE CHANGE ORDER - OLIVE/LOCUST ROAD SEWER STREET IMRPOVEMENTS - PROJECT 97-54 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order No. 1 on behalf of Rieth-Riley Construction Company, Inc., Post Office Box 1775, South Bend, Indiana indicating that the Contract amount be increased $67,366.26 for a new Contract sum including this Change Order in the amount of $442,743.63. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Change Order was approved. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA, PHASE III - UNDERGROUND PARKING, PARKING GARAGE AND RETAIL SHOPS - PROJECT NO. 97-57-4 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend, Casteel Construction Corporation and Valley American Bank, for a Construction Contract covering Bid Package 3-06.50 (General Construction) for the above referred to project. Mr. Caldwell noted that the Agreement is in the amount of in excess of $100,000.00. Therefore, upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Agreement was approved and executed. APPROVAL OF ESCROW AGREEMENT - LEIGHTON PLAZA PHASE III - UNDERGROUND PARKING, PARKING GARAGE AND RETAIL SHOPS - PROJECT NO 97-57-4 Mr. Caldwell stated that the Board is in receipt of an Escrow Agreement between the City of South Bend, Casteel Construction Corporation and Valley American Bank, for a Construction Contract covering Bid Package 3-03.70 (Concrete Work) for the above referred to project. Mr. Caldwell noted that the Agreement is in the amount of in excess of $100,000.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the Agreement was approved and executed. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE STREET Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Ms. Lori Borders, 1970 Brookmede Drive, South Bend, Indiana to vacate the following street: Brookmede Drive from the west right of way of South Ironwood Drive to the east right of way of Evesham Court for a distance of approximately 100 feet in length and a width of 60 feet. Part located in Twyckenham Hills, Section "L", City of South Bend, St. Joseph County, Indiana. 1 1 1 475 REGULAR MEETING NOVEMBER 24. 1997 Mr. Caldwell advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Police Department, Sanitation and the Department of Public Works. Unfavorable recommendations were received from Department of Economic Development, Fire Department and Area Plan Commission. The Department of Economic Development stated that it would only leave one access from arterial street to the greater neighborhood, lessening good traffic circulation. The Fire Department stated that the closing could delay emergency response. It is the opinion of the Area Plan Commission that Brookmede Drive is the only direct access from Ironwood Road to this area of Twyckenham Hills. Without this connection, services such as snow removal, mail delivery, school bussing, and police patrol become more difficult, time consuming, and costly. It would also make it more difficult for ambulances and fire trucks to provide service to this area. In addition, traffic would be diverted onto Ridgedale and Inwood Roads which may not have the capacity to handle the increase in traffic. Mr. Gene Abrams of Evesham Court, South Bend, Indiana, addressed the Board and objected to the vacation on the grounds of delayed emergency access. Therefore, Mr. Caldwell made a motion that the Board send an unfavorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. APPROVE REQUEST OF SHAMROCK CLUB INC TO CONDUCT PARADE - ST PATRICK' S DAY PARADE Mr. Caldwell advised that the appropriate City departments and bureaus have reviewed the above referred to request which was submitted to the Board on November 24, 1997 by Mr. John O'Brien, Shamrock Club, Inc., 1611 Cedar Springs Court, Mishawaka, Indiana, to conduct the above referred to parade on Saturday, March 14, 1998 from 11:00 a.m. until 12:00 p.m. on the designated route and approval is recommended. Therefore, Mr. Littrell made a motion that the recommendation be accepted and the request be approved. Mr. Caldwell seconded the motion which carried. APPROVAL OF RECOMMENDATION TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - 1341 WEST DUNHAM Mr. Caldwell advised that the Board is in receipt of favorable recommendations from the Division of Engineering, Fire Department, Building Commissioner and the Redevelopment Design Review Committee for the installation of an awning at La Central Bakery, 1341 West Dunham Street, South Bend, Indiana„ subject to an Indemnification and Hold Harmless Undertaking. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the recommendation was approved. ADOPT RESOLUTION NO. 91-1997 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 91-1997 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: UNIT MAKE 244 1981 Single Axle Dump 251 1983 Single Axle Dump 252 1983 Single Axle Dump 255 1981 Single Axle Dump 258 1981 Single Axle Dump 262 1982 International 266 1981 Mack 281 1986 Single Axle Dump 284 1981 Single Axle Dump V1N # 1 M2N 112B 1 BA002887 1HTCA2558DHA15529 1HTCA2554DHA15477 1 M2N 112B 8BA002885 1 M2N 112BXBA002886 2HTAA1953CCAI 1616 1M2N112136BA002884 IHTZLTVNOGHA14602 1M2N112133BA002888 WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of 476 REGULAR MEETING NOVEMBER 24, 1997 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 item listed above is no longer needed by the City; is unfit for the purpose for which it were intended and has an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment 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 24th day of November, 1997. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Carl P. Littrell, Member s/James R. Caldwell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following ??? traffic control devices were approved: Ms. Goralski 1218 W. Dunham Handicap Parking Ms. Goralski has met all requirements Mrs. Sepank 501 Studebaker Handicap Parking Ms. Sepanek has met all requirements APPROVAL OF DEED OF DEDICATION Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Deed of Dedication was approved: John & Suzanne Hamilton 3429 Locust Road Sewer Improvements DONATION FROM M.A.D.D. The South Bend Police Department has received a donation of Fifty Dollars ($50.00) from M.A.D.D. (Mother's Against Drunk Driving) and the Michiana Mustangs Club. This donation was donated for the use/purchase of candy for our Treat Night, October 31, 1997. The donated money has been spent on the purchase of 2,020 Zip -A -Dee -Do -Da Pops (suckers). Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the donation was filed. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,962,377.44 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $119,170.38 and recommended approval. Mr. Littrell made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the meeting adjourned at 10:03 a.m. 477 REGULAR MEETING 1 A TEST: Angela Jacob, Cle 1 1 NOVEMBER 24, 1997 BOARD OF PUBLIC WORKS Carl P. Littrell, Member � 4 ames R. d'well, Mem er M. 6athenne Roemer, Me ber