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Home My WebLink About10/02/95 Board of Public Works Minutes1: A 5 REGULAR MEETING OCTOBER 2. 1995 The regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, October 2, 1995, by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs. Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the agenda item for a Change Order was stricken from the agenda. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the regular meeting of the Board held on September 25, 1995, were approved. PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - NORTHERN INDIANA GUN AND OUTDOOR SHOW Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning an Application for a Transient Merchant License, as submitted by Mr. Richard Bradford Crosier, 3440 Back Creek Road, Waddy, Kentucky, requesting permission to conduct the Northern Indiana Gun and Outdoor Show, at the St. Joseph County 4H Fair, on Saturday and Sunday, October 7 and 8, 1995, from 9:00 a.m. until 5:00 p.m., to conduct the sale of outdoor equipment and firearms. Mr. Leszczynski stated that favorable recommendations have been received by the Police Department, Fire Department and the Building Commissioner. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Application for Transient Merchant License was approved. OPENING OF BIDS - SOUTHEAST PARTNERSHIP CENTER - CURB SIDEWALK AND APPROACH REPAIRS - PROJECT NO. 95-11 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: PHEND & BROWN. INC. Post Office Box 218 Milford, Indiana 46542 Bid was signed by Mr. Daniel Brown, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted U. Alternate #1: $58,611.50 Alternate #2: $16,696.00 TOTAL $75,307.50 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 1 1 REGULAR MEETING 1.3 D Alternate #1: $68,483.09 Alternate #2: $21,044.74 TOTAL $89,527.83 ZIOLKOWSKI CONSTRUCTION. INC. Post Office Box 1106 South Bend, Indiana 46624 Bid was signed by Mr. Ben Ziolkowski, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Alternate #1: $ 78,205.50 Alternate #2: $ 23,152.00 TOTAL $101,357.50 KASER SPRAKER CONSTRUCTION 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 an Alternate #1: $62,029.00 Alternate #2: $19,015.00 TOTAL $81,044.00 BEDROCK EXCAVATING 128 Mick Court Mishawaka, Indiana 46545 Bid was signed by Mr. Blaine Eddy Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Security was submitted BID: $66,926.00 LAPORTE CONSTRUCTION Post Office Box 577 LaPorte, Indiana 46352 Bid was signed by Mr. Thomas Blackburn, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Fff R OCTOBER 2. 1995 REGULAR MEETING OCTOBER 2. 1995 Alternate #1: $68,151.19 Alternate #2: $19,541.79 TOTAL $87,692.98 RIETH RILEY CONSTRUCTION. INC. Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. John Szuba, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted Alternate #1: $64,241.20 Alternate #2: $18,806.30 TOTAL $83,047.50 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: Alternate #l: $53,329.00 Alternate #2: $16,558.00 TOTAL $69,887.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the above bids were referred to the Division of Engineering for review and recommendation. APPROVAL OF PROPOSAL - PROFESSIONAL ENGINEERING AND ENVIRONMENTAL MANAGEMENT SERVICES - TRIAD ENGINEERING Mr. Leszczynski stated that the Board is in receipt of a Proposal between the City of South Bend and Triad Engineering, 300 North Michigan Street, South Bend, Indiana, for professional engineering and environmental management services related to the continued development of the environmental management program for the Department of Public Works. Mr. Leszczynski noted that the Proposal is in the amount of $235,000.00. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Proposal was approved and executed. JOSEPH COUNTY Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and the Housing Development Corporation of St. Joseph County, for the acceptance of the Northwest Revolving Loan Fund portfolio which has been administered by the Housing Development Corporation since January 1, 1988. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. REGULAR MEETING OCTOBER 2, 1995 APPROVAL OF AGREEMENT - SANITARY SEWER SERVICE FOR GONDERMAN DEVELOPMENT OF BLACKTHORN - KEN HERCEG & ASSOCIATES Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Ken Herceg & Associates, Inc., 211 West Washington Street, South Bend, Indiana, for professional engineering services to design sanitary sewer service to the Gonderman Development, in the Blackthorn Office Park at the 2010 Project. Mr. Leszczynski stated that the sanitary sewer will connect the four buildings in the Gonderman Development to the existing 6-inch sanitary sewer lead in F. Jay Nimtz Parkway right-of-way. Mr. Leszczynski noted that the Agreement is in the amount of $13,700.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 65-1995 - TRANSFER OF CITY OWNED PROPERTY Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 65-1995 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AUTHORIZING THE TRANSFER OF A CERTAIN PARCEL OF REAL PROPERTY TO PENTECOSTAL CHURCH OF GOD IN CHRIST, INC. OF ST. JOSEPH COUNTY, INDIANA WHEREAS, the City of South Bend, Indiana (hereinafter the "City"), is the owner of one (1) parcel of real property situated in the City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: Key No. 18-3069-2686 Lot 1 Willet's Sub of BOL 89 Commonly known as 1021 Western Avenue WHEREAS, the care, custody and control of City -owned real estate is vested in the Board of Public Works pursuant to I.C. 36-9-6-3 and 36-1-11-1, et seq.; and WHEREAS, Pentecostal Church of God in Christ, Inc., of St. Joseph County, Indiana (hereinafter "Pentecostal Church of God"), an Indiana not -for -profit corporation meeting the requirements of I.C. 36-1-11-1(a)(7), desires to obtain ownership of the above -described real estate, which will be maintained by the church on a regular basis; and WHEREAS, the use of said property for such purpose will be beneficial to the community, and the City is willing to transfer said property to Pentecostal Church of God for the purpose of maintaining said property on a regular basis. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1) The City shall transfer to Pentecostal Church of God one (1) parcel of real property more particularly described as follows: Key No. 18-3069-2686 Lot 1 Willet's Sub of BOL 89 Commonly known as 1021 Western Avenue 2) Such transfer shall be accomplished by Quit -Claim Deed, executed by the Mayor of the City of South Bend and attested to by the South Bend City Clerk. REGULAR MEETING OCTOBER 2. 1995 3) Such transfer shall be made by the City to Pentecostal Church of God in an "as is" condition with no warranties, indemnities or representations made relative to said real property. Adopted this 2nd day of October, 1995. SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 66-1995 - TRANSFERRING A 1968 AMERICAN LAFRANCE FIRE TRUCK TO THE TOWN OF LAKEVILLE Upon a motion made by Mr. Leszczynski , seconded by Mr. Caldwell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 66-1995 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, TRANSFERRING A 1968 AMERICAN LAFRANCE FIRE TRUCK TO THE TOWN OF LAKEVILLE 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. 36-18-13-3, the Town of Lakeville Town Council (the Township) approves the purchase of all firefighting apparatus for the Township; and WHEREAS, the City of South Bend is the owner of a certain personal property described as follows: One (1) 1968 American LaFrance Fire Truck, Serial # 1211059 WHEREAS, the Board has determined that such equipment is no longer needed for the operation of the Fire Department of the City of South Bend and desires to transfer said equipment to the Town of Lakeville, for the negotiated sum of Four Thousand Dollars ($4,000.00); and WHEREAS, the Members are interested in obtaining said equipment for the Town of Lakeville and are willing to pay Four Thousand Dollars ($4,000.00) to the City of South Bend for such equipment; 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 1968 American LaFrance Fire Truck described above to the Town of Lakeville for the sum of Four Thousand Dollars ($4,000.00) shall be, and hereby is, approved. 2) That upon the payment of Four Thousand Dollars ($4,000.00) from the Town of Lakeville to the City of South Bend, the equipment described above will be released by the City of South Bend. 0/193 REGULAR MEETING OCTOBER 2, 1995 3) That this Resolution shall be in full force and effect upon its adoption. Adopted this 2nd day of October, 1995. BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk 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 George E. and Paula Kay Heiser. 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 25-823 West Edison Road, South Bend, Indiana, (Key # 21-1044-0769), the Heiser'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. In addition, the following Consents to Annexation and Waivers of Rights to Remonstrate were presented to the Board for approval: Name Address Key Number John Dack 17207 Linda 02-2019-041315 Donald Anthony 17019 S.R. 23 02-2019-0413 Rose Kincaid 17107 Linda 02-2019-041311 Lucille Ault 17075 Linda St. 02-2019-041307 Joanna Butterworth 02-2061-2645 Joanna Butterworth 02-2061-2644 Joanna Butterworth 02-2061-2643 Larry Cadieux 17142 Linda St. 02-2061-2616 Stepehn Getz 17142 Linda St. 02-2061-2616 Jack A. Curtis 02-2061-2651 Helen Cole 02-2019-041309 Donald Evanovich 02-2061-2645 Donald Evanovich 02-2061-2644 Donald Evanovich 02-2061-2643 Martha DeMaegd 17133 Hagey Street 02-2061-2636 Edwin Hampel 02-2157-7499 Brian E. Grubbs 02-2061-2652 Jordan Frankiewicz 17100 Linda Street 02-2061-2620 Chester Jaworski 02-2019-041308 Mark Heller 02-2157-7498 Garry Harrington 02-2-61-2634 Virginia Hampel 17385 Elkins Rd. 02-2157-7499 James & Daniel Luczynski 17296 Douglas Rd. 02-2157-7494 Jana Knight 17434 S.R. 23 02-2157-7487 Jana Knight 17434 S.R. 23 02-2157-7488 Paula Cluyze 17242 Douglas Rd. 02-2023-0548 Robert McGowan 02-2019-041312 Albert Mazura 17231 S.R. 23 02-2019-042001 Arnold Mann 02-2019-041314 Agnes McQueen 02-2151-6960 Keith Madaras 02-2061-2621 Keith Madaras 02-2061-2622 Timothy MacDonald 02-2151-6963 cil- REGULAR MEETING OCTOBER 2, 1995 Rebecca Maalouf 02-2061-2611 Jeff Mader 17490 S.R. 23 02-2151-6964 Wilma Stoll 02-2157-7491 David Shock 02-2151-6962 Annie Ricks 02-2023-054802 Lilia Periquet 02-2157-7589 Carl W. O'Nell 17150 McErlain Rd. 02-2023-054811 Michael Pecsi 02-2157-7495 Kathleen Nagy 17345 Elkins St. 02-2157-7496 Kathleen Nagy 17345 Elkins St. 02-2157-7497 Dennis Miller 02-2157-7490 Danny Ullery 17162 Linda St. 02-2061-2614 Danny Ullery 17162 Linda St. 02-2061-2615 Helen Venerly 17091 S.R. 23 02-2061-2642 Michael Walters 02-2061-2647 Susie Ritchey 17306 Douglas Rd. 02-2157-7493 Noel Yarager 02-2023-054806 Clarence Surges 02-2023-054803 John Stouffer 17210 Douglas Rd. 02-2023-054801 Vickie May 02-1061-2625 Vickie May 02-2061-2626 Karen Townsend 02-2061-2635 James Kuehl 17330 McErlain Therefore, Mrs. Manier made a motion that the Consents be approved. Mr. Leszczynski seconded the motion which carried. 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 twenty-four (24) 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. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SANITARY SEWER EXTENSION - LOTS 4A AND 4B OF BLACKTHORN CORPORATE PARK - PROJECT NO. 95-83 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 approximately eight hundred feet of sanitary sewer, manholes and landscaping to serve two lots in the Blackthorn Corporate Park, South Bend, Indiana. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ORGANIC RESOURCES OFFICE UPGRADE - PROJECT NO. 95-71 (REBID) In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested permission to advertise for the sale of bids for the above referred to project. Mr. Littrell stated that this project will upgrade the office and reception area of the Organic Resources Facility. Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the request was approved. 0/1 f1 REGULAR MEETING OCTOBER 2. 1995 RECOMMENDATION TABLED - INSTALLATION OF MEMORIAL MONUMENT Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the recommendation for the installation of a memorial monument for the Bikeway project was tabled, until improvements have been made. 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: Emro Marketing Company 5000 West 86th Street Indianapolis, Indiana 46268 Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Discharge Permit was approved. APPROVAL OF TRIPLE TRAILER COMBINATION PERMIT - YELLOW FREIGHT SYSTEM INC. Mr. Leszczynski stated that the Board is in receipt of a Triple Trailer Combination Permit, as submitted by Mr. Art Gapinski, Yellow Freight System, Inc., 215 South Olive Street, South Bend, Indiana. Further, this Permit enables Yellow Freight System to utilize entrance and exit routes from the Toll Road to the transporting company, on the designated route as submitted. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Permit was approved. APPROVE TITLE SHEET - FIRE STATION EXHAUST SYSTEM - PROJECT NO. 95-84 Mr. Leszczynski advised that the Title Sheet for the above referred to project was being presented at this time for execution. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above referred to Title Sheet was approved and signed. 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 Coker Construction EXCAVATION BONDS Donald Borkowski D&B Concrete & Excavation Northern Indiana Construction Approved Retro-active to September 26, 1995 Released Effective October 2, 1995 Released Effective October 2,1995 Released Effective October 2, 1995 Mr. Leszczynski made a motion that the recommendation be accepted and that the Bonds be approved and/or released as outlined above. Mrs. Manier seconded the motion which carried. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the following one (1) traffic control device was approved: NEW INSTALLATION: Handicap Sign LOCATION: 216 North Hill REMARKS: St. Joseph Street 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: 0/1 9 REGULAR MEETING Hayes Boiler & Mechanical, Inc. 2160 North Ashland Avenue Chicago, Illinois 60614 OCTOBER 2. 1995 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,295,246.44 and recommended approval. Mr. Leszczynski made a motion that the claims be approved and the reports as submitted be filed. 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 10:00 a.m. ATTEST: Angela W Jacob, Cl rk BOARD OF PUBLIC WORKS John E. Leszczynski, President ?Jenny Pitt Manier, Member 1 [l