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11/20/95 Board of Public Works Minutes
0551 REGULAR MEETING NOVEMBER 20, 1995 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, November 20, 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 ADDED Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, an agenda item for a Lease Agreement and Filing of a Petition were added to the agenda. 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 November 13, 1995, were approved. OPENING OF QUOTATIONS - GRIT CHANNEL REBUILD - WWTP - PROJECT NO 95-75A Mr. Leszczynski 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: INDUSTRIAL INSTALLATIONS INC. 55587 Currant Road Mishawaka, Indiana 46545 Quotation was submitted by Mr. D.L. Bobson, President QUOTATION: $35,008.00 BOWEN ENGINEERING CORPORATION Post Office Box 40729 Indianapolis, Indiana 46240 Quotation was submitted by Mr. R. J. Holt, Vice President QUOTATION: $43,000.00 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above Quotations were referred to the Division of Environmental Services for review and recommendation. APPROVE CONSTRUCTION CONTRACT - RIVERSIDE DRIVE HISTORICAL STREET LIGHTING - PROJECT NO. 95-30 Mr. Leszczynski advised that in accordance with the bid awarded on November 6, 1995, to Trans Tech Electric, Inc., 4601 Cleveland Road, South Bend, Indiana, in the amount of $20,280.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - CORBY LIFT STATION CONTROLS - PROJECT NO. 95-68 Mr. Leszczynski advised that in accordance with the bid awarded on October 30, 1995, to Shaum Electric Company, Inc., 1125 North Napanee Street, Elkhart, Indiana, in the amount of $22,034.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. 0552 REGULAR MEETING NOVEMBER 20, 1995 APPROVE CONSTRUCTION CONTRACT - CONCRETE CURB INSTALLATION - MICHIGAN/IRELAND ROAD - PROJECT NO. 95-79 Mr. Leszczynski advised that in accordance with the bid awarded on October 30, 1995, to Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $27,285.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - INSTALLATION OF EXHAUST SYSTEMS IN SOUTH BEND FIRE STATIONS - PROJECT NO. 95-84 Mr. Leszczynski advised that in accordance with the bid awarded on October 30, 1995, to O.J. Shoemaker, Inc., 1008 Lincolnway East, South Bend, Indiana, in the amount of $250,595.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - CLAYTON DRIVE DRAINAGE IMPROVEMENTS - PROJECT NO. 95-72 Mr. Leszczynski advised that in accordance with the bid awarded on October 30, 1995, to Northern Indiana Construction Co., Post Office Box 1333, Mishawaka, Indiana, in the amount of $5,430.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. AND 4B - BLACKTHORN CORPORATE PARK - PROJECT NO. 95-83 Mr. Leszczynski advised that in accordance with the bid awarded on October 30, 1995, to HRP Construction, Inc., 5777 Cleveland Road, South Bend, Indiana, in the amount of $34,417.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - YORK ROAD DRAINAGE CONTROL STRUCTURE - PROJECT NO. 93-45 Mr. Leszczynski advised that in accordance with the bid awarded on November 13, 1995, to Underground Services, 225 South Lafayette Boulevard, South Bend, Indiana, in the amount of $9,600.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Contract was approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVAL OF AGREEMENT - AGENCY AGREEMENT - SAMPLE-EWING ALLOCATION AREA - REDEVELOPMENT COMMISSION Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and the South Bend Redevelopment Commission, for the design, purchase, and construction of a boulevard to be constructed immediately south of the site of the new Parkview Juvenile Detention Center and immediately north of the proposed new location for Ivy Tech Sate College, and associated storm water retention and drainage system, all within the Sample -Ewing Development Area (SEDA). Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. REGULAR MEETING NOVEMBER 20. 1995 05 ev 1 APPROVAL OF AGREEMENT - NEIGHBORHOOD SUMMER YOUTH GRANT APPLICATION Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and the Revelation Church of God in Christ, 2309 '/2 Bertrand, South Bend, Indiana, for providing funds for the distribution of twenty (20) food baskets and gifts for twenty-six (26) children in the Southeast Neighborhood and the Center for the Homeless, and to provide funds for transportation costs to area nursing homes for the purpose of providing nursing home residents with Christmas caroling and a neighborhood caroling youth get-together after the caroling project is completed. 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. APPROVAL OF AGREEMENT - NEIGHBORHOOD SUMMER YOUTH GRANT APPLICATION Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Dickinson Middle School, 4404 West Elwood, South Bend, Indiana, for providing funds for young black male youth who participated in the Dickinson Middle School "One Hundred Fifty Man March" which occurred at the school on October 26, 1995. The youth hope to purchase tee-shirts, hats and possible pens/pencils with a youth created logo to commemorate the march and to bring unity among the youth for the benefit of the entire South Bend community. 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. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - CENTRAL HIGH SCHOOL APARTMENTS - PROJECT NO. 94-26 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted Change Order No. 2 (Final), on behalf of Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, indicating that the contract amount be decreased by $6,123.95 for a new contract sum including this Change Order in the amount of $259,300.35. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, Change Order No. 2 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. APPROVAL OF RECOMMENDATION - TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY Mr. Leszczynski stated that favorable recommendations have been received by the Division of Engineering, Building Department, Redevelopment Design Review Committee, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Karen Curtis, North American Signs, on behalf of Manufacturing Technology/Adams Engineering, to install a free- standing sign at the entrance of the Circle Avenue approach. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the recommendation was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - OLIVE STREET/LOCUST ROAD - SOUTH OF STATE ROAD 23 TO DELAWARE STREET SEWER IMPROVEMENTS - PROJECT NO. 95-60 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 construct the first phase of storm drainage improvements in the Locust Road corridor south of Prairie Avenue. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the request was approved. ADOPT RESOLUTION NO. 83-1995 - TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Resolution was adopted by the Board of Public Works: 0554 REGULAR MEETING NOVEMBER 20, 1995 RESOLUTION NO. 83-1995 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT COMMISSION WHEREAS, the City of South Bend, Indiana (the "City") is the owner of the following described real property situated in St. Joseph County, Indiana: Lot Numbered Ninety-seven (97) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022- 0857 Lot Numbered Eighty-seven (87) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7021- 0826 Lot Numbered Twenty-two (22) as shown on the recorded Plat of Wenger and Krieghbaum's First Addition to the City of South Bend, in St. Joseph County, Indiana recorded April 2, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 1. Key No. 18-7009-0366 (hereinafter collectively referred to as the Real Property) and; 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 and may maintain all real property of the City of South Bend; and WHEREAS, the City, through the Board, is desirous of transferring the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment for use in the redevelopment of the Sample -Ewing Development Area; and WHEREAS, pursuant to I.C. 36-1-11-8, the City, acting by and through the Board, may exchange or transfer property with another governmental entity upon terms and conditions agreed upon by the two (2) entities as evidenced by the adoption of substantially identical resolutions of each entity; and WHEREAS, the South Bend Redevelopment Commission, at its meeting of November 17, 1995 adopted its Resolution No. accepting the transfer of the Real Property by the City. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: 1. That the transfer of the Real Property situated in St. Joseph County, Indiana, and generally described as follows: Lot Numbered Ninety-seven (97) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7022- 0857 Lot Numbered Eighty-seven (87) as shown on the recorded Plat of Wenger's Fourth Addition to the City of South Bend, recorded November 22, 1890 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 5, page 40. Key No. 18-7021- 0826 0.5 5 REGULAR MEETING NOVEMBER 20. 1995 Lot Numbered Twenty-two (22) as shown on the recorded Plat of Wenger and Krieghbaum's First Addition to the City of South Bend, in St. Joseph County, Indiana recorded April 2, 1892 in the Office of the Recorder of St. Joseph County, Indiana, in Plat Book 6, page 1. Key No. 18-7009-0366 (hereinafter collectively referred to as the Real Property) by the City of South Bend, Indiana to the City of South Bend, for the use and benefit of its Department of Redevelopment for the sum of One Dollar ($1.00) shall be, and hereby is, approved. 2. That the Mayor of the City of South Bend and the South Bend City Clerk shall be, and hereby are, authorized, respectively, to execute and attest to the execution of a quitclaim deed conveying all of the right, title and interest of the City of South Bend, Indiana in and to the Real Property to the City of South Bend, for the use and benefit of its Department of Redevelopment. 3. That this Resolution shall be in full force and effect upon its adoption by the Board of Public Works of the City of South Bend. ADOPTED at a meeting of the Board of Public Works of the City of South Bend held on November 20, 1995, at 1308 County -City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Manier, Member ATTEST: s/Angela K. Jacob, Clerk ADOPT RESOLUTION NO. 84-1995 - INTENT TO PROVIDE FOR OFFICE SPACE BY ENTERING INTO A LEASE AGREEMENT FOR THE SAME Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works, and a Public Hearing was scheduled for Intent to Lease: RESOLUTION NO. 84-1995 RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA DECLARING ITS INTENT TO PROVIDE FOR OFFICE SPACE BY ENTERING INTO A LEASE AGREEMENT FOR THE SAME WHEREAS, the Board of Public Works of the City of South Bend, Indiana ("Board") has received a Petition signed by fifty (50) owners of real property of the City of South Bend, requesting that the Board provide additional office space for the offices of the City of South Bend Department of Economic Development by entering into a Lease Agreement with the 1 st Source Bank of South Bend, Indiana, for approximately 1770 square feet and being situated on the 4th Floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, Indiana, for a term of three (3) years, with a monthly rental of One Thousand Six Hundred Twenty -Two and 501100 Dollars with an option to renew for an additional two (2) years at this same monthly rental; and WHEREAS, the Board has received a certificate signed by the St. Joseph County Auditor certifying that the verifier and the signatories of the Petition are tax payers of real property located within the corporate limits of the City of South Bend; and OS 56 REGULAR MEETING NOVEMBER 20. 1995 WHEREAS, pursuant to IC 36-1-10-7 (2), on November 27, 1995, the South Bend Common Council will investigate and consider a resolution concerning the need to lease said office space under the terms of the Lease; and WHEREAS, Lessor has filed its proposed Lease for office space to be leased, with the Board this day, pursuant to IC 36-1-10; and WHEREAS, the Board deems it advisable and in the best interests of the citizens and the City of South Bend to provide additional office space for the offices of the City of South Bend Department of Economic Development by leasing said office space pursuant to the terms of said Lease. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS: Section I. That subject to the approval of the Common Council of the City of South Bend, the Board shall provide additional office space for the offices of the City of South Bend Department of Economic Development by leasing approximately 1770 square feet situated on the 4th Floor of the building known as the First Bank Building, 205 West Jefferson Boulevard, South Bend, St. Joseph County, pursuant to a Lease Agreement (Lease) proposed to and filed with the Board this day, which Lease is incorporated herein by reference and made a part of this Resolution as fully as if set forth herein and the terms and conditions of which the Board hereby approves and accepts, subject to all requirements of IC 36-1-10: Provided, however, that the total monthly rent shall not exceed One Thousand Six Hundred Twenty -Two and 501100 Dollars ($1,622.50). Section II. The Board hereby fixes Monday, December 4, 1995, at 9:30 a.m. at 1308 County City Building, South Bend, Indiana, as the date, time, and place when the Board will: (a) Hold a hearing pursuant to IC 36-1-10-13, where all persons are entitled to be heard as to whether the execution of the proposed Lease is necessary and whether the rental is fair and reasonable for the proposed structure; (b) Modify, confirm, or rescind the proposed Lease; © Take final action by determining the public utility and benefit of the proposed Lease and by confirming, modifying, or rescinding this Resolution; and (d) Take any and all other necessary and proper actions. Section III. The Clerk of the Board is instructed to give notice of the adoption of this resolution and hearing on the proposed Lease, by publication in the South Bend Tribune and Tri-County News, newspapers of general circulation published in the City of South Bend, with such notice as to be published one (1) time and to occur at least ten (10) days before the date of the hearing. The cost of the publication of the notice described in this section shall be paid by the 1 st Source Bank, as required by I.C. 36-1-10-13 (a). The notice must state the date, place, and hour of the hearing and provide a summary of the principal terms of the Lease, the name of the proposed Lessor, the location and character of the structure to be leased, the rent to paid, and the number of years the Lease is to be in effect. Adopted on the 20th day of November, 1995, by the Board of Public Works of the City of South Bend, Indiana. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA s/John Leszczynski, President s/James R. Caldwell, Member s/Jenny Manier, Member 0.5 57 REGULAR MEETING ATTEST: s/Angela K. Jacob, Clerk NOVEMBER 20. 1995 APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following traffic control device was approved: REMOVAL OF: 15 Minute Zone Sign REVISED TO: 1 Hour - 6 a.m. - 6 p.m. LOCATION: 200 West Colfax, South Side REMARKS: Federal Express is no longer at site and sign is not needed APPROVE AND/OR RELEASE CONTRACTOR BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractors Bonds be approved and/or released as follows: BOND OF CONTRACTOR DuJardin Enterprises Released Effective November 20, 1995 Steve's Concrete Approved Retroactive to October 18, 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 TITLE SHEET - OLIVE STREET/LOCUST ROAD - SOUTH OF STATE ROAD 23 TO DELAWARE STREET SEWER IMPROVEMENTS - PROJECT NO 95-60 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. FILING OF HUMANE SOCIETY MONTHLY REPORT - OCTOBER 1995 Mr. Leszczynski indicated that the Board is in receipt of the monthly report as submitted by the Humane Society of St. Joseph County, Inc., for the month of October, 1995. The report indicates the type and number of animals handled for the City of South Bend. Mr. Leszczynski made a motion that the report be accepted for filing as submitted. Mrs. Manier seconded the motion which carried. FILING OF PETITION FOR RESERVED PARKING AREA Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, a Petition for Reserved Parking Area, as submitted by Ms. Irene Gammon, City of South Bend, was filed. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,000,523.99 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted one (1) list containing claims in the amount of $66,428.86 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. PRIVILEGE OF THE FLOOR It was noted that the regularly scheduled Board of Public Works meeting set for Monday, December 25, 1995, is the Christmas Day holiday. Therefore, the Board of Public Works will not meet the week of December 25, 1995, but will resume the regular meeting on Tuesday, January 2, 1996, as Monday January 1, 1996 is New Year's Day. 0558 REGULAR MEETING NOVEMBER 20, 1995 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. AT ST: Angela . Jacob, C rk BOARD OF PUBLIC WORKS John E. Leszczynski, r sident ames . C ldwell, ember Jenny Pitts Manier, Member 1