HomeMy WebLinkAbout08/26/96 Board of Public Works MinutesREGULAR MEETING AUGUST 26. 1996
The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, August
26, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Jenny Pitts
Manier present. Also present was Board Attorney Anne Brunel. Board Member James R. Caldwell
was not present.
ADD AGENDA ITEMS
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, agenda items for
a Change Order and Project Completion Affidavit and a Block Party were added.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the
regular meeting of the Board held on August 19, 1996, were approved.
OPENING OF BIDS - ELDER PARKWAY - MICHIGAN TO FELLOWS STREETS - PROJECT
NO. 95-65-1
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:
RIETH RILEY CONSTRUCTION COMPANY, INC.
25200 State Road 23
South Bend, Indiana 46634
Bid was signed by Mr. Richard A. Jankowski, Group Manager
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $1,166,220.65
KASER SPRAKER CONSTRUCTION INC.
25487 State Road 2
South Bend, Indiana 46619
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: $1,294,244.05
PHEND & BROWN. INC.
321 East 1250 North
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: $1,240,698.95
REGULAR MEETING AUGUST 26, 1996
HRP CONSTRUCTION. INC
Post Office Box 266
South Bend, Indiana 46624
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: $1,257,486.15
Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bids were
referred to the Division of Engineering for review and recommendation.
OPENING OF BIDS - MEADE STREET STORM SEWER AND CURB INSTALLATION -
PROJECT NO. 96-47
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:
RIETH RILEY CONSTRUCTION COMPANY, INC
25200 State Road 23
South Bend, Indiana 46634
Bid was signed by Mr. John Szuba, Area Manager
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $186,956.90
BRADBERRY BROTHERS, INC
20061 West Dice Street
South Bend, Indiana 46614
Bid was signed by Mr. W.J. Bradberry, President
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $219,454.50
PHEND & BROWN. INC.
Post Office Box 150
Milford, Indiana 46542-0150
Bid was signed by Mr. Douglas V. Brown, Vice President
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $191,299.05
HERRMAN & GOETZ D/B/A UNDERGROUND SERVICES
225 South Lafayette Boulevard
South Bend, Indiana 46601
Bid was signed by Mr. Thomas J. Herrman, President
REGULAR MEETING
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $226,738.30
KASER-SPRAKER CONSTRUCTION. INC.
25487 West State Road 2
South Bend, Indiana 46619
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: $214,820.00
AUGUST 26. 1996
Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bids were
referred to the -Division of Engineering for review and recommendation.
OPENING OF BIDS - NEAR NORTHWEST PARTNERSHIP CENTER - SIDEWALK. CURB
AND APPROACH REPAIRS - PROJECT NO. 96-44
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:
RIET14 RILEY CONSTRUCTION COMPANY. INC.
25200 State Road 23
South Bend, Indiana 46634
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: $44,442.00
BATTEAST CONSTRUCTION COMPANY, INC.
430 East LaSalle
South Bend, Indiana 46617
Bid was signed by Mr. Richard Gagnon, Senior Vice President
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $50,262.00
WALSH & KELLY. INC.
24358 State Road 23
South Bend, Indiana 46614
Bid was signed by Mr. James Walsh, Area, Group Manager
Non -Collusion Affidavit was in order
Non -Discrimination Commitment form was completed
Five per cent (5%) Bid Bond was submitted
BID: $39,270.00
REGULAR MEETING
KASER SPRAKER CONSTRUCTION INC
25487 West State Road 2
South Bend, Indiana 46619
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: $40,417.00
AUGUST 26. 1996
Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bids were
referred to the Division of Engineering for review and recommendation.
AWARD BID - ONE (1) DISC TYPE CHIPPER
Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on
August 19, 1996, 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 Best
Equipment Company, Inc., 2804 N. Catherwood Avenue, Indianapolis, Indiana in the amount of
$19,280.00. Therefore, Mrs. Manier made a motion that the recommendation be accepted and the
bid be awarded as outlined above. Mr. Leszczynski seconded the motion which carried.
APPROVE PROJECT COMPLETION AFFIDAVIT - LILAC ROAD SEWER EXTENSION -
PROJECT NO. 95-77
Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the
Project Completion Affidavit on behalf of LaFree Excavating, Inc., 1251 West 3rd Street, Osceola,
Indiana, for the above referred to project, indicating a final cost of $82,965.00. Upon a motion made
by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Project Completion Affidavit was
approved.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT -
KETTERING STORM SEWER - PROJECT NO. 96-20
Mr. Leszczynski advised that Mr. Jeff Boss, Division of Engineering has submitted Change Order
No. 1 (Final) on behalf of Selge Construction Company, Inc., 2833 South IIth Street, Niles,
Michigan, indicating that the contract amount be increased by $29,126.94 for a new contract sum
including this Change Order in the amount of $214,679.14. Additionally submitted was the Project
Completion Affidavit indicating this new final cost. Upon a motion made by Mrs. Manier, seconded
by Mr. Leszczynski and carried, Change Order No. 1 (Final) and the Project Completion Affidavit
were approved.
APPROVE COMMUNITY DEVELOPMENT ADDENDUM
The following Community Development Addendum was presented to the Board for approval:
South Bend Heritage Foundation Addendum II New Wage Decision
CD94-606
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above referred
to Addendum was approved and executed.
APPROVAL OF AGREEMENT - NEIGHBORHOOD YOUTH GRANT PROGRAM - RILEY
HIGH SCHOOL
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and Riley High School/T.R.E.E.S., to provide funding to T.R.E.E.S. to continue the youth painting
of underpasses throughout South Bend. Mr. Leszczynski noted that the Agreement is in the amount
of $2,000.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and
carried, the Agreement was approved and executed.
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REGULAR MEETING AUGUST 26, 1996
APPROVAL OF AGREEMENT - NEIGHBORHOOD YOUTH GRANT PROGRAM - BOYS &
GIRLS CLUB
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and Boys & Girls Club, 416 Wenger Street, South Bend, Indiana, for funding for thirteen children
and two sponsor adults to visit the Dusable Museum of African American History in Chicago. The
thirteen youth were selected through a neighborhood competition that included research and written
reports from the students on a variety of African American historical and cultural events. Mr.
Leszczynski noted that the Agreement is in the amount of $432.00. Therefore, upon a motion made
by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was approved and
executed.
APPROVAL OF PURCHASE AGREEMENT - PURCHASE OF CITY -OWNED PROPERTY -
215 DAYTON
Mr. Leszczynski stated that the Board is in receipt of a Purchase Agreement between the City of
South Bend and Tommy James and Lisa Sconiers, 217 East Dayton, South Bend, Indiana, for the
purchase of the above referred to City -owned property, located at 215 East Dayton. Mr. Leszczynski
noted that the Agreement is in the amount of $150.00, plus $16.00 in recording fees. Therefore,
upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was
approved and executed.
APPROVAL OF RELEASE AND INDEMNITY AGREEMENT - SCOTTSDALE MALL - "CITY
ON DISPLAY"
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and the Scottsdale Mall, for "City on Display", to be hosted by the City of South Bend on the
premises of Scottsdale Mall, to be held on October 4 and 5, 1996. Therefore, upon a motion made
by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was approved and
executed.
APPROVE PROPOSAL FOR ENGINEERING SERVICES - STUDY OF POWER FACTOR
CORRECTION OPTIONS - MUNICIPAL SERVICES FACILITY
Mr. Leszczynski advised that the Board is in receipt of a Proposal for engineering services for a
study of power factor correction options at the Municipal Services Facility, 701 West Sample, South
Bend, Indiana, between the City of South Bend, and M/E Design Services 120 South Hill Street,
Mishawaka, Indiana. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski
and carried, the Proposal was approved and executed.
APPROVAL OF TRIPLE TRAILER COMBINATION PERMIT
Mr. Leszczynski stated that the Board is in receipt of a Triple Trailer Combination Permit from
United Parcel Service, Inc., 700 West 15th Street, Indianapolis, Indiana, for the purpose of entering
and exiting the toll road to the United Parcel Service terminal at 3800 West Lathrop Drive. Mr.
Leszczynski stated that the permit is valid from one (1) year from the date of approval by the Board.
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Triple Trailer
Combination Permit was approved.
ADOPT RESOLUTION NO. _63-1996 - DECLARATION OF INTENT TO LEASE THE
PROPERTY AT 2214 MISHAWAKA AVENUE, SOUTH BEND, INDIANA FOR USE AS A
NEIGHBORHOOD PARTNERSHIP CENTER
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO.63-1996
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, INDIANA,
DECLARING ITS INTENT TO LEASE THE PROPERTY AT
2214 MISHAWAKA AVENUE, SOUTH BEND, INDIANA,
FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER
REGULAR MEETING
AUGUST 26, 1996
WHEREAS, the City of South Bend is desirous of establishing several Neighborhood
Partnership Centers in order to build stronger neighborhoods by bringing municipal and community
services directly to the neighborhoods; and
WHEREAS, the property at 2214 Mishawaka Avenue, South Bend, Indiana, has been
selected as a site for a Neighborhood Partnership Center; and
WHEREAS, this property at 2214 Mishawaka Avenue, South Bend, Indiana, contains
approximately 1200 square feet, an area sufficient to accommodate the activities for which the
Neighborhood Partnership Center is intended; and
WHEREAS, the Board of Public Works of the City of South Bend, Indiana, on August 22
1996, received a petition ("Petition") signed by at least fifty (50) taxpayers of the City of South
Bend, requesting that the Board lease the premises at 2214 Mishawaka Avenue, South Bend,
Indiana, for a term of one year, with a one year option to renew the leasehold agreement upon the
City's option with an annual rental not to exceed Five Thousand Three Hundred Ten Dollars
($5,310.00) in the first year and Five Thousand Eight Hundred Forty-one Dollars ($5,841.00) in the
option year if the option to renew for the second year is exercised by the City; and further this
monthly rental amount may be reduced contingent upon Robert J. Filley. receiving a partial tax
exemption pursuant to I.C. 36-1-10-18; and
WHEREAS, the Board also received, on August 22, 1996, a certificate of the St. Joseph
County Auditor, certifying that the verifier of the Petition and at least fifty (50) of the signatories
of the Petition are taxpayers of property located within the corporate limits of the City of South
Bend; and
WHEREAS, the Board also received, on August 22 , 1996, a proposed lease agreement
("Proposed Lease") concerning the lease of the premises as petitioned; and
WHEREAS, I.C. 36-1-10-7(2) requires, that prior to the Board's entering into a lease
agreement for said premises, that the South Bend Common Council, after investigation, determine
that the lease of the premises is needed
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South
Bend, Indiana, as follows:
1) That the Board of Public Works of the City of South Bend, Indiana, hereby expresses
its desire and intent to lease the premises at 2214 Mishawaka Avenue, South Bend, Indiana, for its
use as a Neighborhood Partnership Center.
2) That the Petition, as certified by the St. Joseph County Auditor and submitted to the
Board on August 22, 1996, is hereby accepted for filing and made available for public inspection.
3) That the lease of the premises shall be for a term of one (1) year with a one (1) year
option to renew exercisable at the City's option, and with an annual rental not to exceed Five
Thousand Eight Hundred Forty-one Dollars ($5,841.00) in the second year if the option to renew is
exercised by the City.
4) That the Proposed Lease for the premises submitted to the Board on August 22 ,
1996, is hereby accepted for filing and made available for public inspection.
5) That the Board directs and authorizes that a Resolution be filed with the City Clerk
for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution
to establish, after investigation and consideration, its determination that the lease of the premises
described herein is needed.
6) That a public hearing on the proposed lease is hereby set for September 9, 1996, at
9:30 a.m. in the Board of Public Works Meeting Room, 1308 County -City Building, South Bend,
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REGULAR MEETING AUGUST 26, 1996
Indiana, 46601, at which hearing all persons desiring to be heard will be given the opportunity to
address whether the Proposed Lease is necessary and whether the proposed rental is fair and
reasonable.
7) That this Resolution will be in full force and effect from and after its passage by the
Board.
Adopted this 26th day of August, 1996.
CITY OF SOUTH BEND,
BOARD OF PUBLIC WORKS
s/John E. Leszczynski, President
s/Jenny Pitts Manier, Member
ATTEST:
s/Angela K. Jacob, Clerk
UNFAVORABLE RECOMMENDATION - PETITION TO VACATE A STREET
Mr. Leszczynski indicated that the Common Council has submitted to the Board a Vacation Petition
as completed by Mr. Michael Trippel, Post Office Box 1210, Mishawaka, Indiana, to vacate the
following street:
The street to be vacated is described as Priory Lane; from the north right-of-way line of
Topswood Lane to dead end for a distance of approximately 155 feet in length and a width
of 50 feet. Part situated in Topsfield II, Part I in the City of South Bend, Indiana.
Mr. Leszczynski advised that the Board is in receipt of unfavorable recommendations concerning
this Vacation Petition from the Area Plan Commission, Department of Economic Development and
the Department of Public Works.
The Engineering Division stated that the right -of-way of Priory Street was platted for the specific
use of future expansion of the property to the north; Area Plan stated that the request does not meet
the standards for vacation, nor does it support good planning concepts; and the Department of
Community and Economic Development stated that Priory Lane is the only means of a secondary
access to a parcel directly north of Priory Lane, in addition to being in the position to provide the
connection to the continuity of the developing internal traffic circulation pattern.
Therefore, Mrs. Manier made a motion that the Board send an unfavorable recommendation to the
Common Council concerning this Vacation Petition. Mr. Leszczynski seconded the motion which
carried.
APPROVAL OF RECOMMENDATION - TO CONDUCT BLOCK PARTY
Mr. Leszczynski 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 Ms. Joanna D. Parahams, 1615 Dale, South Bend, Indiana to conduct the above referred to block
party, on Monday, September 2, 1996, from 8:00 a.m. until 10:00 p.m., on Dale from Indiana to
Virginia. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried,
the recommendation was approved.
APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - 1996 SEWER
LINING PROGRAM - PROJECT NO. 96-66
In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested
permission to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated
that this project will install liners in existing sanitary and combined storm and sanitary sewers in
various areas in the City of South Bend, and $400,000.00 has been budgeted by the Bureau of
REGULAR MEETING AUGUST 26. 1996
Sewers from the Wastewater revenues. Therefore, upon a motion made by Mrs. Manier, seconded
by Mr. Leszczynski and carried, the request to advertise for the receipt of bids was approved.
APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED
VEHICLES
Mrs. Kathy Dempsey, Director, Department of Code Enforcement, requested permission to advertise
for the sale of approximately thirty-four (34) 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 Mrs. Manier, seconded by
Mr. Leszczynski and carried, the above request was approved.
APPROVE AND/OR RELEASE CONTRACTOR AND EXCAVATION BONDS
Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following
Contractors and Excavation Bonds be approved and/or released as follows:
BOND OF CONTRACTOR
Charles Howell Approved effective August 26, 1996
Retroactive to August 14, 1996
McCollough-Scholten Construction Released August 26, 1996, effective June 5, 1997
EXCAVATION BONDS
Asphalt Paving Co., Inc. Released August 19, 1996, effective August 2, 1997
Mrs. Manier made a motion that the recommendation be accepted and that the Bonds be approved
and/or released as outlined above. Mr. Leszczynski seconded the motion which carried.
APPROVE CLAIMS
Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,307,944.55 dated August
26, 1996, and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS
of Northern Indiana, submitted one list containing claims in the amount of $76,498.40 and
recommended approval. Mrs. Manier made a motion that the claims be approved and the reports as
submitted be filed. Mr. Leszczynski 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. Manier and carried, the meeting adjourned at 9:50 a.m.
BOARD OF PUBLIC WORKS
MR. CM T.KMWEV VA
James R. Caldwell, Member
Jenny;Pi s Manier, Member
TEST:
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Ange K. Jacob, Clerk