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HomeMy WebLinkAbout12/15/97 Board of Public Works Minutes492 REGULAR MEETING DECEMBER 15, 1997 The regular meeting of the Board of Public Works was convened at 9:3 5 a.m. on Monday, December 15, 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. AGENDA ITEM ADDED Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, two (2) contracts from NCR Corporation were added to the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the minutes of the regular meeting of the Board held on December 8, 1997, were approved. PUBLIC HEARING TABLED - TRANSIENT MERCHANT LICENSE - MICHIANA VALLEY HAMFEST ASSOCIATION Mr. Caldwell advised that this was the date set for the Board's Public Hearing concerning a Transient Merchant License, as submitted by Mr. Robert L. Denniston, 21970 Kern Road, South Bend, Indiana, to conduct the South Bend Hamfest on January 4 through 9, 1997, from 8 00 a.m. until 3:00 p.m., at the Century Center. Favorable recommendations have been received by the Police Department, Fire Department, Building Commissioner and the Legal Department. As no one was present representing Michiana Valley Hamfest Association, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the Public Hearing was tabled. OPENING OF BIDS - LEIGHTON PLAZA - PHASE III - PRECAST PARKING GARAGE STRUCTURE - PROJECT NO. 97-57-5 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 bid was opened and publicly read: PRESTRESS SERVICES, INC. 7855 NW Winchester Road Decatur, Indiana 46733 Bid was signed by Mr. Keith Barger Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID:. $3,601,000.00 Alternate # 1 - Add $455,000.00 Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the above bid was referred to the Division of Engineering for review and recommendation. OPENING AND AWARD OF QUOTATIONS - PLEASANT STREET SEWER - PROJECT NO 97-120 Mr. Caldwell advised that this was the date set for the receiving and opening of sealed Quotations for the above referred to project. The following Quotations were opened and read: UNDERGROUND SERVICES 225 South Lafayette Boulevard South Bend, Indiana 46601 Quotation was submitted by Mr. Jeff Wells QUOTATION: $45,560.00 493 1 1 1 REGULAR MEETING SMALL, INC. 25190 State Road 4 North Liberty, Indiana 46554 Quotation was submitted by Mr. John C. Fischer QUOTATION: $68,000.00 HRP CONSTRUCTION 5777 Cleveland Road South Bend, Indiana 46628 Quotation was submitted by Mr. Paul Fallon QUOTATION: $68,474.00 DECEMBER 15, 1997 Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the above Quotations were referred to the Division of Engineering for review and recommendation. After reviewing those quotations, Mr. Littrell recommended that the Board award the contract to Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana, in the amount of $45,560.00. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the quotation be awarded as outlined above. Ms. Roemer seconded the motion which carried. AWARD BIDS - ABANDONED VEHICLES Mr. Gary Libbey, Department of Code Enforcement, advised the Board that on December 8, 1997, bids were received and opened for the above referred to vehicles. After reviewing those bids, Mr. Libbey recommends that the Board award the bids to the highest bidders as follows: JERRY WOODS 3719 Western South Bend, Indiana 46619 No. Red Tag Make Year VIN Bid Amount 4 39530 Ford 1974 SGTAPB56651 $101.25 18 1 38913 1 Buick 1966 466679Y210257 $ 71.50 MICHIANA ENTERPRISE Curtis Kendall 19270 Darden Road South Bend, Indiana 46637 No. Red Tag Make Year VIN Bid Amount 1 39750 Mercury 1986 IMEBP87U3GA612790 $ 75.00 2 25538 Ford 1975 F15YKA51435 $130.00 3 39911 Chevrolet 1979 CCD149F478575 $ 85.00 5 39595 Buick 1975 4P67J5X147359 $111.00 6 40159 Mazda 1983 JMIGC2214DI504350 $ 65.00 7 40079 Pontiac 1991 KL2TN5465MB323368 $185.00 8 39533 Pontiac 1984 1G2AW87H1EL237880 $125.00 9 40015 Mercury 1988 3MABM1353JR65382 $ 95.00 REGULAR MEETING DECEMBER 15, 1997 12 39319 Ford 1986 2FABP19X5GB158293 $ 66.00 13 22396 Plymouth 1972 RP23G2G189127 $ 73.00 16 39919 Pontiac 1988 1G2HZ54CXJW270866 $250.00 17 39419 Chrysler 1984 1C3BC51C7EG108432 $ 65.00 19 38034 Yugo 1987 VXIBA1217EK337607 $ 35.00 20 40152 Dodge 1985 1C3BH58D5FN180386 $ 75.00 21 39321 Ford 1986 2FTHF25G2DCA902 $101.00 22 39901 Oldsmobile 1979 3M47F9R405768 $ 95.00 DAVID EDMONDS 1919 Ontario Niles, Michigan 49120 No. Red Tag Make Year VIN Bid Amount 15 39788 Fiat 1974 128A-1719597 $ 82.08 23 40257 Chevrolet 1987 1GBEG25H2H7117131 $327.69 GARY MENTAG/HERB' S TOWING & SERVICE 4014 Western Avenue South Bend, Indiana 46619 No. Red Tag Make Year VIN Bid Amount 14 40032 Ford 1973 3F03H241000 $239.42 STEVE & GENES 3109 Gertrude South Bend, Indiana 46614 No. Red Tag Make Year VIN Bid Amount 10 40053 Pontiac 1985 1G2JB69OXF7550685 $ 59.80 11 139900 1 Plymouth 1 1987 1 1P3BJ46K6HC140246 $ 59.80 Therefore, Mr. Caldwell made a motion. that the recommendation be accepted and the bids be awarded as outlined above. Ms. Roemer seconded the motion which carried. APPROVE CHANGE ORDERS - BROADWAY STREET UTILITY TAP LOCATIONS - PROJECT NO. 97-103 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the following Change Orders and recommended approval: Change Order Amount New Contract Sum No.l Increase $ 6,869.72 $35,939.72 Final Change Order Decrease $3,170.00 $32,769.72 Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Change Orders were approved. 1 1 495 REGULAR MEETING DECEMBER 15 1997 APPROVE CHANGE ORDER - MEGHAN BEELER INDUSTRIAL PARK PROJECT NO. 97- 83 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manger, has submitted Change Order No. 1 on behalf of Youngs Excavating, Inc., 50563 Dusty Trail Court, Granger, Indiana, indicating that the Contract amount be increased $26,884.00 for a new Contract sum including this Change Order in the amount of $405,839.12. Upon a motion made by Mr. Littrell, seconded by Mr. Caldwell and carried, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - ELDER PARKWAY (AMENDMENT) PROJECT NO. 95-65-1 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit (Amendment) on behalf of Rieth Riley Construction Co., Inc., Post Office Box 1775, South Bend, Indiana, for the above referred to project, indicating a final cost of $1,205,061.40. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT - 1997 CONCRETE PAVEMENT REPAIRS (AMENDMENT) - PROJECT NO. 97-53 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit (Amendment) on behalf of Rieth Riley Construction Co., Inc., Post Office Box 1775, South Bend, Indiana, for the above referred to project, indicating a final cost of $198,569.97. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the Project Completion Affidavit was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - WESTSIDE PARTNERSHIP CENTER SERVICE AREA - PROJECT NO. 96-45 Mr. Caldwell advised that Mr. Toy Villa, Public Construction Manager has submitted Change Order No. 1 (Final) on behalf of Reinke Construction Corporation, 1216 West Sample, South Bend, Indiana, indicating that the contract amount be increased $31,784.64 for a new contract sum including this Change Order in the amount of $103,625.42. This change order represents a total change of 30.68%. State law precludes the City from approving .change orders that increase the scope of the project in excess of 20% of the original contract amount unless the expense stems from circumstances, which could not reasonably have been foreseen and do not increase the scope of the project. In this instance, there was an error made in planning regrading the concrete quantities. There was a typographical error in transferring the number for the sidewalk placement from the engineer's estimate onto the proposal. In addition, the sidewalks had to be raised throughout the project in order to maintain proper grade. The plans had no item for borrow material. The average depth of material was at one (1) foot. Also six (6) additional ramps had to be placed in the area. There were also minor overruns on some of the items that were requested by the City's Planning Department. The City was unaware of the typographical error and the need for borrow material. Incorrect specifications, therefore, caused this change order. These circumstances were unforseen and do not increase the scope of the project. This change order can be approved as permissible under I.C. 36-1-12-18. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF QUOTATIONS - ONE (1) MORE OR LESS, FIRE SAFETY HOUSE In a letter to the Board, Chief Bert Prawat, South Bend Fire Department, requested permission to advertise for the receipt of quotations for the above referred to equipment. Chief Prawat stated that funding will be from the Emergency Medical Services' Capital Improvement Fund and from Firefighters Local #362. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the request to advertise for the receipt of quotations was approved. APPROVAL OF LICENSE APPLICATION FOR RUBBISH AND GARBAGE REMOVAL SERVICE Mr. Caldwell stated that the Board is in receipt of a favorable recommendation from the Department of Code Enforcement for a License Application for a Rubbish and Garbage Removal Service, as submitted by Mr. Clarence Love, 3206 Revere Place, South Bend, Indiana. In addition, the 4 9 6 REGULAR MEETING DECEMBER 15, 1997 Department of Sanitation has inspected the vehicle to be used in conjunction with this business, and has found it to be satisfactory. Ms. Kathy Dempsey, Director of Code Enforcement, was present, and stated that here have been numerous complaints and problems in the neighborhood of 3206 Revere Place with litter and debris accumulating. This debris may or may not be the result of Mr. Love parking a full trash truck at his residence., Ms. Dempsey has advised Mr. Love that his truck must be clean and free of debris and litter. He has two (2) trucks, of which only one (1) is licensed for this service. Mr. Love may use the second vehicle, but only if it has been properly licensed and inspected for his business. Mr. Clarence Love, 3206 Revere Place, South Bend, Indiana, was present, and stated that he moved to 3206 Revere Place in June and complained of the litter at that time. He also stated that he parked the trash truck in the back. Mr. Caldwell reiterated the conditions of approval of the license to Mr. Love. Therefore, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the License Application was approved. APPROVAL OF RECOMMENDATION - TO CONDUCT'CANDLELIGHT WALK - ERSKINE BOULEVARD Mr. Caldwell stated that favorable recommendations .have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Richard Cowper, 2720 Erskine Boulevard, South Bend, Indiana, to conduct the above referred to walk, on Saturday, December 20, 1997, on the designated route as submitted. Upon a motion made by Mr. Caldwell, seconded by Mr. Littrell and carried, the recommendation was approved. ADOPT RESOLUTION NO. 93-1997 - ADOPT A WRITTEN FISCAL PLAN AND ESTABLISH A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (WALMART/PORTAGE ANNEXATION) Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Community & Economic Development, was present, and stated that this was a voluntary annexation. No additional services are required in this annexation. In addition, Mr. Magliozzi instructed the Clerk to remove the last sentence of page five (5). RESOLUTION NO. 93-1997 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND ADOPTING A WRITTEN FISCAL PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN GERMAN TOWNSHIP (WALMART/PORTAGE ANNEXATION) WHEREAS, there has been submitted to the Common Council of the City of South Bend, Indiana, an ordinance which proposes the annexation of.the real estate described hereinafter as Exhibit "A", located in German Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 12.2 acres of land, used primarily for residential purposes but contemplated for commercial development located generally at the west side of Portage Avenue, approximately 2,500' north of Cleveland Road, in German Township, St. Joseph County, Indiana; with_ 53% of its aggregate -external boundaries coinciding with the boundaries of the City of South Bend; and this territory is needed and can be used by the City of South Bend for its development in the reasonably near future. The•development of the territory proposed to be annexed will require a basic level of municipal_public services, including additional street lighting; potential traffic signal installation and potential road widening; and 1 497 REGULAR MEETING DECEMBER 15, 1997 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 and other non -capital services normally provided within the corporate boundaries, and services of a capital improvement nature including street lighting 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 a non -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 four (4) years after the effective date of the annexation within the same manner as those services are provided to areas within the corporation 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 of 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. That it is in the best interest of the City of South Bend and the area proposed to be annexed that the real property located in German Township, St. Joseph County, Indiana, described in Exhibit "A" attached hereto and made a part hereof, 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 non -capital nature, such as street and road maintenance, within one (1) year of the effective date of the annexation, in a manner equivalent in standard and scope to the 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 lighting, street widening, if appropriate, and traffic signal installation, if appropriate, within four (4) 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, and in a manner consistent with federal, state and local laws, procedures, and planning criteria. Section III. That the Board of Public Works shall and does hereby now establish and adopt the fiscal plan, attached hereto and made a part hereof, for the furnishing of said services to the territory to be annexed. Adopted this 15th day of December, 1997. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/Carl Littrell, Member s/James Caldwell, Member s/M. Catherine Roemer, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 98-1997 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the following Resolution was adopted by the Board of Public Works: REGULAR MEETING DECEMBER 15 1997 RESOLUTION NO. 98-1997 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: SERIAL NUMBER VO-3490 ONE -(I) NO. 3 PUMP ENGINE WHEREAS, Indiana Code 36-1-11-6(c) 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 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 one thousand dollars ($1,000.00). 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 15th day. of December, 1997. ATTEST: s/Angela K. Jacob, Clerk BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/Carl P.•Littrell, Member s/James R. Caldwell, Member s/M. Catherine Roemer, Member FILING OF RATE SCHEDULE - UNIVERSITY CAB AND MOTORS Upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, a new rate schedule, as submitted by Mr. Chika Nwokah, University Cab and Motors, 1814 South Scott Street, South Bend, Indiana, was filed. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,182,908.18 dated December 15, 1997, and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1)' list containing claims in the amount of $34,611.90 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which carried. APPROVAL OF AGREEMENTS - MASTER AGREEMENT AND STATE OF WORK - INTEGRATED POLICE AND FIRE INFORMATION SYSTEM - NCR CORPORATION Mr. Caldwell stated that the Board is in receipt of two (2) Agreements between the City of South Bend and NCR Corporation, 2065 Three Mile Road, Grand Rapids, Michigan, for the integrated police and fire information system, which was awarded "to them on October 13, 1997. Therefore, upon a motion made by Ms. Roemer, seconded by Mi..Littrell and carried, the Agreements were approved and executed. D 11 J • • REGULAR MEETING DECEMBER 15 1997 ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Ms. Roemer and carried, the meeting adjourned at 9:50 a.m. ATTEST: Angela K. Ja ob, Clerk E C BOARD OF PUBLIC WORKS J Carl P. Littrell, Member James R. Caldwell, Member M. Cat erine Roemer, Member