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HomeMy WebLinkAbout09/03/96 Board of Public Works MinutesREGULAR MEETING SEPTEMBER 3, 1996 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, September 3, 1996, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Jenny . Pitts Manier 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 Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on August 26, 1996, were approved. OPENING OF BIDS - ORGANIC RESOURCES FACILITY - ASPHALT PAVING FIELD 2 - PROJECT NO. 96-37 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: WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Mr. James R. Walsh, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $102,100.00 RIETH RILEY CONSTRUCTION CO., INC. Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. Mark A. DeWitt, Engineer/Estimator Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $ 88,222.00 KLETT CONSTRUCTION. CO. 62994 Territorial Road Hartford, Michigan 49057 Bid was signed by Mr. Anthony T. Winters, Superintendent Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: $102,425.00 ASPHALT PAVING CO. INC. 1205 East 8th Street Mishawaka, Indiana 46544 Bid was signed by Mr. William J. Bergen, Estimator Non -Collusion Affidavit was in order o`v r y 5 REGULAR MEETING SEPTEMBER 3. 1996 Non -Discrimination Commitment form was completed Five per cent (5%) Bid Security was submitted BID: $145,797.33 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bids were referred to the Division of Environmental Services for review and recommendation. AWARD BID - NEAR NORTHWEST PARTNERSHIP CENTER - CURB SIDEWALK AND APPROACH REPAIRS - PROJECT NO.96-44 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on August 26, 1996, 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 Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $39,270.00. The Common Council has appropriated Community Development Block Grant funds to cover this contract. Therefore, Ms. Manier made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mr. Leszczynski seconded the motion which carried. AWARD BID - MEADE STREET STORM SEWER AND CURB INSTALLATION - PROJECT NO. 96-47 Mr. Carl P. Littrell, Director, Division of Engineering, advised the Board that on August 26, 1996, 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 Rieth-Riley Construction, Inc., Post Office Box 1775, South Bend, Indiana, in the amount of $190,546.90. Mr. Littrell stated that there was one arithmetic error in their bid, which did not affect the ranking of bidders. The Common Council has appropriated Wastewater Revenue to cover this contract. 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 CHANGE ORDER - SIGNALIZATION MODERNIZATION - PROJECT NO. 90-03 Mr. Leszczynski advised that Mr. Greg Scherpereel, Division of Engineering, has submitted Change Order No. E3 on behalf of Trans Tech Electric Co., Post Office Box 3915, South Bend, Indiana, indicating that the Contract amount be increased $2,629.00 for a new Contract sum including this Change Order in the amount of $1,507,773.20. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - SOUTH BEND DAM, CANOE PORTAGE AND PARK REPAIRS - PROJECT NO. 94-67 Mr. Leszczynski advised that Mr. Carl P. Littrell, Director, Division of Engineering has submitted Change Order No. 3 (Final) on behalf of American Inland Marine, Inc., Post Office Box 360568, Columbus, Ohio, indicating that the contract amount be decreased by $16,946.00 for a new contract sum including this Change Order in the amount of $252,433.84. 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. 3 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVAL OF PROPOSAL - ENGINEERING SERVICES - MUNICIPAL SERVICES GARAGE EXPANSION Mr. Leszczynski stated that the Board is in receipt of a Proposal between the City of South Bend and Ken Herceg & Associates, 211 West Washington, South Bend, Indiana, for engineering services to the City of South Bend in its efforts to expand the Equipment Services Building located at 1045 West Sample Street in South Bend. Included in this expansion will be a radio repair shop and storage area with two (2) radio maintenance bays, an additional four (4) maintenance bays for fire truck repair and an indoor fire pump test facility with separate Car -Mon System. Mr. Leszczynski noted that the Proposal is in the amount of $49,400.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Proposal was approved and executed. 1 REGULAR MEETING SEPTEMBER 3.1996 APPROVAL OF PROPOSAL - PREPARATION OF A TITLE V OPERATION PERMIT - WASTEWATER TREATMENT PLANT - TRIAD ENGINEERING, INC. Mr. Leszczynski stated that the Board is in receipt of a Proposal between the City of South Bend and Triad Engineering Inc., 300 North Michigan, South Bend, Indiana, for professional engineering and Environmental Services for the preparation of a Title V Operation Permit for the City of South Bend's Wastewater Treatment Plant. Mr. Leszczynski noted that the Proposal is in the amount not to exceed $12,000.00. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Proposal was approved and executed. APPROVE COMMUNITY DEVELOPMENT ADDENDUM The following Community Development Addendum was presented to the Board for approval: Neighborhood Housing Services Revolving Loan Fund changes for 1997 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above referred to Addendum was approved and executed. ADOPT RESOLUTION NO. 64-1996 - DISPOSAL OF CITY -OWNED PROPERTY - 1125 WEST INDIANA 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. 64 - 1996 WHEREAS, the Board of Public Works of the City of South Bend, Indiana, has compiled a current detailed inventory of all real property owned by the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it finds that a certain parcel of real estate now owned by the City of South Bend is not necessary to the public use and is not set aside by State and City laws for public purposes; and WHEREAS, the Board of Public Works finds that the property described below has an assessed valuation of less than $2,000.00, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of the parcel, and that the highest and best use of the parcel is sale to an abutting landowner. WHEREAS, the Board of Public Works now wishes to take the necessary action to make it possible for the Board, in the future, to sell said parcel of real estate pursuant to State statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcel of real estate owned by the City contained in the following list is not necessary to the public use, is not set aside by State or City laws for public purposes, that the cost of maintaining said parcel equals or exceeds the estimated fair market value of said parcel and the highest and best use of said parcel is sale to an abutting landowner: ADDRESS 1125 West Indiana Key No. 18-8052-2111 ADOPTED this 3rd day of September, 1996. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/Jenny Pitts Manier, Member REGULAR MEETING SEPTEMBER 3, 1996 ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 65-1996 - ADOPT A WRITTEN PLAN AND ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN ANNEXED AREA IN CLAY TOWNSHIP - (IRONWOOD PLAZA NORTH ANNEXATION) Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works. Mr. Larry Magliozzi, Planning Department was present, and stated that this is the second time the Resolution has been presented to the Board for approval. Mr. Magliozzi stated that the first time, the legal description was inaccurate in the Resolution, and now it is being submitted with those inaccuracies corrected. Further, there was no change in the fiscal plan. RESOLUTION NO. 65-1996 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 CLAY TOWNSHIP (IRONWOOD PLAZA NORTH 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 hereinafter described real estate located in Clay Township, St. Joseph County, Indiana; and WHEREAS, the territory proposed to be annexed encompasses approximately 27.1 acres of land, located in Clay Township, north of State Road No. 23, west of Ironwood Drive, south of Dunn Road (Hepler Street), east of Willis Avenue; contiguous to the City of South Bend, twenty-six percent (26%) of its aggregate external boundaries coinciding with the boundaries of the City of South Bend; approximately ninety-six percent (96%) subdivided; with a resident population density in excess of three (3) persons per acre; and commercially and residentially zoned. The development of the territory proposed to be annexed will require a basic level of municipal public services, which services shall include the provision of water service; and 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 construction, street lighting, sewer facilities, and storm water drainage facilities 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, that have characteristic of topography, patterns of land use, and population density similar to that of the territory to be annexed; (5) that services of a capital improvement nature will be provided to the annexed area within three (3) years after 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed 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 REGULAR MEETING SEPTEMBER 3, 1996 THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That it is in the best interest of the City of South Bend and of the area proposed to be annexed that the real property located in Clay 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 a 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 which have characteristics of topography, patterns of land utilization and population density similar to said territory; and to furnish to said territory services of a capital improvement nature, such as street construction, street lighting, sewer facilities, and storm water facilities, within three (3) 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 that have characteristics of topography, patterns of land use and population density similar to that of the territory to be annexed 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 3rd day of September, 1996. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski s/Jenny Pitts Manier Attest: s/Angela K. Jacob, Clerk A PARCEL OF LAND LOCATED IN THE E.'/z OF THE SE 1/4 OF SECTION 31 T. 38 N. R. 3 E., CLAY TOWNSHIP, ST. JOSEPH COUNTY, INDIANA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE SW CORNER OF LOT 41 OF MAPLE LANE SUBDIVISION; THENCE SOUTH ALONG THE EAST RIGHT-OF-WAY LINE OF IRONWOOD DRIVE TO THE SOUTH RIGHT-OF-WAY LINE OF THE EDWARDSBURG HIGHWAY (STATE ROAD NO.23) AND ALSO BEING THE CURRENT CITY LIMITS OF THE CITY OF SOUTH BEND, INDIANA; THENCE IN A SOUTHWESTERLY DIRECTION ALONG THE SOUTH LINE OF STATE ROAD NO. 23 TO THE NORTH RIGHT-OF-WAY LINE, EXTENDED, OF VANESS STREET, ALSO BEING THE CURRENT CITY LIMIT LINE OF SOUTH BEND, INDIANA; THENCE WEST ALONG SAID LINE TO THE SOUTHEAST CORNER OF LOT 44 OF VANESS PLAT (RECORDED); THENCE NORTH ALONG THE EAST LOT LINE OF SAID LOT 44 A DISTANCE OF 300.00 FEET; THENCE WEST PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF VANESS STREET A DISTANCE OF 260 FEET TO THE WEST RIGHT-OF-WAY LINE OF WILLIS STREET; THENCE NORTH ALONG THE WEST RIGHT-OF-WAY LINE OF WILLIS STREET 79.4 FEET TO THE SOUTH LOT LINE, EXTENDED, OF LOT 41 OF VANESS PLAT; THENCE EAST ALONG SAID LOT LINE TO THE SOUTHEAST CORNER OF SAID LOT 41; THENCE NORTH ALONG THE EAST LINE OF VANESS PLAT TO THE NORTH RIGHT-OF-WAY LINE OF DUNN ROAD; THENCE EAST a REGULAR MEETING SEPTEMBER 3. 1996 ALONG THE NORTH LINE OF DUNN ROAD TO THE PLACE OF BEGINNING. ADOPT RESOLUTION NO.67-1996 - TRANSFER OF CITY OWNED PROPERTY 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. 67-1996 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING ONE (1) 1990 CHEVY CAPRICE, SERIAL NO. IGIBL5478LA149915 AND ONE (1) 1992 CHEVY CAPRICE, SERIAL NO. IGlBL5372NW131434 TO WORKFORCE DEVELOPMENT SERVICES WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works of the City of South Bend (the Board) has custody of all personal property of the City of South Bend; and WHEREAS, pursuant to I.C. 36-8-13-3, the Board of Directors of Workforce Development Services (the Directors) approve the purchase of all equipment for Workforce Development Services; and WHEREAS, the City of South Bend is the owner of certain personal property described as follows: One (1) 1990 Chevy Caprice, Serial No. IGIBL5478LA149915 One (1) 1992 Chevy Caprice, Serial No. IGIBL5372NWI31434 WHEREAS, the Board has determined that such equipment is no longer needed for the operation of Equipment Services of the City of South Bend and desires to transfer said equipment to Workforce Development Services; and WHEREAS, the Directors are interested in obtaining said equipment for Workforce Development Services; and WHEREAS, pursuant to I.C. 36-1-11-8, governmental entities may exchange property with one another upon terms and conditions agreed upon by the two entities as evidenced by the adoption of substantially identical resolutions by each entity. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) That the transfer of the one (1) 1990 Chevy Caprice, Serial No. IGIBL5478LA149915 and one (1) 1992 Chevy Caprice, Serial No. IG1BL5372NW131434 described above to Workforce Development Services shall be, and hereby is, approved. 2) That this Resolution shall be in full force and effect upon its adoption. Adopted this 3rd day of September, 1996. SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk I 01-05 REGULAR MEETING SEPTEMBER 3. 1996 FILING OF APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - MICHIANA TAXI (FORMERLY SUNSHINE CAB) Mr. Leszczynski stated that an Application for a Certificate of Public Convenience and Necessity has been submitted to the Board for filing, by Mr. Michael E. Keller, d/b/a Michiana Taxi, 510 East Colfax, South Bend, Indiana. Mr. Leszczynski stated that on July 1, 1996, the Board approved the transfer of a Taxi Cab License from Sunshine Cab to Michiana Taxi. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Application was filed, and a Public Hearing was scheduled for September 16, 1996. APPROVAL OF RECOMMENDATION - TO CONDUCT A 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. Barbara Leonard, 713 South Wellington, South Bend, Indiana to conduct the above referred to block party, on Saturday, September 7, 1996, from 10:00 a.m. until 11:00 p.m., on Wellington from Ford to Dunham. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the recommendation was approved. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT: Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO. A-960614 ISSUED BY: Freeman Spicer Services 316 South Eddy Street South Bend, Indiana FOR: Field Pointe, Phase I, Section 3 AMOUNT: $155,560.00 EXPIRES: June 14, 1997 IMPROVEMENT: Unimproved portions of water, sewers and streets Mrs. Manier made a motion that the Letter of Credit, as outlined above, be approved. Mr. Leszczynski seconded the motion which carried. 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 Bonnie and Roland Switalski. 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 Lot 44 Greenleaf Second Addition, South Bend, Indiana, (Key # 02-11244- 9864), the Switalski's waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mrs. Manier made a motion that the Consent be approved. Mr. Leszczynski seconded the motion which carried. 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 Mr. Stephen Ray Irvin, 59215 Mayflower. The Consent indicates that in consideration for permission to tap into the water system of the City, to provide water to 59215 Mayflower, South Bend, Indiana, (Key # 05-1035-045107), Mr. Irvin 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, Mrs. Manier made a motion that the Consent be approved. Mr. Leszczynski seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following traffic control devices were approved: REMOVAL OF: 1 Hour Parking REVISED TO: No Parking �,1 0 RE(AILAR MEETING LOCATION: REMARKS: NEW INSTALLATION: LOCATION: REMARKS: SEPTEMBER 3. 1996 100 West Western 100 Block West Western south side of Street, site of Federal Bankruptcy Building Traffic Signals Bendix & Boland Meets warrants for traffic signals APPROVE CONTRACTOR BOND Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor Bond be approved as follows: BOND OF CONTRACTOR Peter and Rosemary Majeski Approved September 3, 1996 Retroactive to August 26, 1996 Mr. Leszczynski made a motion that the recommendation be accepted and that the Bond be approved as outlined above. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Certificate of Insurance was accepted for filing: Zimmerman Industrial Piping Co. 1117 Clay Street Mishawaka, Indiana 46545 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted September 3, 1996, and recommended approval. be approved and the reports as submitted be filed. claims in the amount of $4,498,920.00 dated Mr. Leszczynski made a motion that the claims Mrs. Manier 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 9:45 a.m. BOARD OF PUBLIC WORKS John E. Leszczynski, President /.aldwell, Member G� T )Jenny7Pi7ttsanier, Member TEST: r �` 6 Ang . Jacob, CYerk F -1 J