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HomeMy WebLinkAbout11/27/95 Board of Public Works Minutes0.r; REGULAR MEETING NOVEMBER 27, 1995 The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Monday, November 27, 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 Mr. Leszczynski, seconded by Mr. Caldwell and carried, an agenda item for Resolution No. 86-1995 was added. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on November 20, 1995, were approved. SALE OF CITY OWNED PROPERTY - KENMORE STREET - LOTS 23 AND 24 Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning the sale of City -owned property on Kenmore Street, Lots 23 and 24. There were no bids submitted to the Board of Public Works for the sale of the above referred to lots, and there being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. SALE OF CITY -OWNED PROPERTY - 1113 BURNS STREET Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning the sale of City -owned property at 1113 Burns Street. The following bid was submitted to the Board of Public Works for consideration: Elvis Willis 302 Napoleon Boulevard South Bend, Indiana 46617 BID: $50.00 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 bid was referred to the Legal Department for review. OPENING OF BIDS - TWENTY-FIVE (25) 1996 POLICE PATROL VEHICLES This was the date set for receiving and opening of sealed bids for the above referred to vehicles. 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: JORDAN MOTORS, INC. 609 E. Jefferson Mishawaka, Indiana 46544 Bid was signed by Ms. Peggy Tuttle Wargo Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Five per cent (5%) Bid Bond was submitted BID: Twenty-five (25) 1996 Ford Crown Victoria Police Intercepter Vehicles $ 19,200.00 (Per Unit) $480,000.00(25 Units) Note: All orders must be in by November 30, 1995. Purchase Order confirmation from municipality must be submitted by mail to Ford Motor Company from dealer to insure production scheduling. Due date is December 15, 1995. 0560 REGULAR MEETING NOVEMBER 27. 1995 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bid was referred to the Division of Equipment Services for review and recommendation. APPROVE CONSTRUCTION CONTRACT - CONCRETE REPAIRS AND METAL STAIRWAY REPLACEMENT - WASTEWATER TREATMENT PLANT - PROJECT NO 95-90 Mr. Leszczynski advised that in accordance with the bid awarded on November 13, 1995, to Kaser Spraker Construction, Inc., 25487 West State Road 2, South Bend, Indiana, in the amount o $44,000.00 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 Mr. Caldwell 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 - LOAN AGREEMENT - MCDANIEL'S HARLEY-DAVIDSON MOTORCYCLE SALES, INC. Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and McDaniel's Harley-Davidson Motorcycle Sales, Inc., 1910 Lincolnway East, South Bend, Indiana, to furnish a 1996 Harley-Davidson FLHPI Police Motorcycle to the South Bend Police Department for the period of September 18, 1995, until such time as McDaniel's Harley-Davidson Motorcycle Sale, Inc. notifies the South Bend Police Department in writing that the Agreement is terminated. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. APPROVAL OF AGREEMENT - POLICE DEPARTMENT K-9 DOG Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend and Stephen and Michelle Sabo, for the sale of a dog registered as "Rudy". Mr. Leszczynski noted that the Agreement is in the amount of One Dollar ($1.00). "Rudy", a K-9 Police Dog, assigned to the K-9 Division, has been under medical treatment for Eosiniphilic Enteritis and is inconsistent in his abilities to serve as a Police K-9. Arrangements have been made to allow this animal to be adopted by Mr. Steven Sabo, 2725 Twixwood Lane, South Bend, Indiana, who has experience with German Shepards and who is known by the K9 officers as a responsible person who will give this dog fine care and comply with local ordinances in the handling of the dog. Therefore, upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Agreement was approved and executed. ADOPT RESOLUTION NO. 85-1995 - DISPOSAL OF CITY -OWNED PROPERTY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 85-1995 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS REGARDING THE RETIREMENT OF "RUDY". A K-9 POLICE DOG WHEREAS, the South Bend Board of Public Works has been advised by the City's Police Chief that "Rudy", a K-9, is no longer needed by the South Bend Police Department; and WHEREAS, it has been determined by the Board of Public Works that "Rudy" is unfit for the purpose for which he was acquired and is no longer of use to the City of South Bend; and WHEREAS, Steven Sabo, 2725 Twixwood Lane, South Bend, Indiana, has agreed to care for "Rudy" at his own expense and to keep him as a house pet and understands that "Rudy" can never again be used as a Police Dog; and 0561 1 REGULAR MEETING NOVEMBER 27, 1995 WHEREAS, I.C. 36-1-11-6 © permits and establishes a procedure for disposal of 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, Indiana, that "Rudy", a K-9 Police Dog, is unfit for the purpose for which he was acquired, is no longer of use to the City of South Bend, and has an estimated value of less than One Thousand Dollars ($1,000.00). BE IT FURTHER RESOLVED, that "Rudy" the Police Dog, should be retired and put into the care of Steven Sabo for use as a house pet only. ADOPTED this 27th day of November, 1995. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk e ADOPT RESOLUTION NO. 86-1995 - TRANSFER OF REAL PROPERTY TO HABITAT FOR HUMANITY Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 86-1995 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND; INDIANA, AUTHORIZING THE TRANSFER OF CERTAIN PARCELS OF REAL PROPERTY TO HABITAT FOR HUMANITY OF ST. JOSEPH COUNTY, INDIANA WHEREAS, the City of South Bend, Indiana (hereinafter the "City"), is the owner of five (5) parcels of real property situated in the City of South Bend, St. Joseph County, Indiana, and being more particularly described as follows: Key No. 18-8093-3577 Lot #86 - South Bend Industrial Addn. Key No. 18-8093-3578 Lot #85 - South Bend Industrial Addn. Key No. 18-8095-3638 Lot 469 - South Bend Industrial Key No. 18-8095-3636 Lot 71 - South Bend Industrial Addn. Key No. 18-8095-3637 Lot 70 - South Bend Industrial 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, Habitat for Humanity of St. Joseph County, Indiana (hereinafter "Habitat"), 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, for the purpose of constructing single-family homes on the properties, which will provide a home ownership opportunity for low-income individuals in the community; and 0562 REGULAR MEETING NOVEMBER 27, 1995 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 Habitat for the purpose of constructing single- family homes. 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 Habitat five (5) parcels of real property more particularly described as follows: Key No. 18-8093-3577 Lot #86 - South Bend Industrial Addn. Key No. 18-8093-3578 Lot #85 - South Bend Industrial Addn. Key No. 18-8095-3638 Lot 469 - South Bend Industrial Key No. 18-8095-3636 Lot 71 - South Bend Industrial Addn. Key No. 18-8095-3637 Lot 70 - South Bend Industrial 2) Such transfers 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. 3) Such transfers shall be made by the Habitat in an "as is" condition with no warranties, indemnities or representations made relative to said real property. Adopted this 27th day of November, 1995. SOUTH BEND BOARD OF PUBLIC WORKS s/John E. Leszczynski, President s/James R. Caldwell, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE CHANGE ORDER - RUM VILLAGE PARTNERSHIP CENTER SERVICE AREA - PROJECT NO. 95-26 Mr. Leszczynski advised that Mr. Toy Villa, Contract Engineer, has submitted Change Order No. 1, on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana indicating that the Contract amount be decreased $475.50 for a new Contract sum including this Change Order in the amount of $15,907.00. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Order was approved. APPROVE CHANGE ORDER - 1995 SEWER LINING PROGRAM - PROJECT NO 95-66 Mr. Leszczynski advised that Mr. Carl P. Littrell, Director, Division of Engineering, has submitted Change Order No. 1, on behalf of Insituform Midwest, Inc., Post Office Box 458, Lemont, Illinois indicating that the Contract amount be increased $43,219.00 for a new Contract sum including this Change Order in the amount of $351,701.77. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Order was approved. APPROVE CHANGE ORDER - NIMTZ PARKWAY LANDSCAPING - PROJECT NO. 94-25 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manger, has submitted Change Order No. 1, on behalf of Willson's Nursery and Landscape Company, Post Office Box 266, LaPorte, Indiana indicating that the Contract amount be decreased $64,825.25 for a new Contract sum including this Change Order in the amount of $410,491.25. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the Change Order was approved. REGULAR MEETING NOVEMBER 27, 1995 APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - STUDEBAKER NATIONAL MUSEUM - FIRE ALARM SYSTEM - PROJECT NO. 95-48 Mr. Leszczynski advised that Cole Associates, 2211 East Jefferson, South Bend, Indiana has submitted Change Order No. 1 (Final), on behalf of Herrman & Goetz, Inc., 225 South Lafayette Boulevard, South Bend, Indiana, indicating that the contract amount be decreased by $870.00 for a new contract sum including this Change Order in the amount of $25,830.00. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved subject to the filing of the appropriate three-year Maintenance Bond. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY mr. 1.eSGCGynSK1 InUICALeL1 MUL Me LUIIlI11011 k-OU11C11 11aS SU01111LLCU LU Ulr, 1DLJMU a v allaLIv11 r CLILIVII as completed by Mr. Philip A. Newbold, Memorial Hospital of South Bend, Inc., 615 North Michigan Street, South Bend, Indiana, to vacate the following alley: the first east -west alley north of West Marion Street from the east right-of-way line of the first north -south alley west of North Michigan Street to the west right-of-way line of North Michigan Street for a distance of approximately 165 feet and a width of 14 feet. This alley is situated in the original Town of South Bend, St. Joseph County, Indiana between Lots 147 and 148. Mr. Leszczynski advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department of Public Works. Therefore, Mr. Caldwell made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Leszczynski seconded the motion which carried. APPROVAL OF REQUEST TO REJECT QUOTATIONS - MAIN STREET/MONROE STREET - SIDEWALK AND CURB REPAIRS - PROJECT NO. 95-82 In a memorandum to the Board, Mr. Carl P. Littrell, P.E., Director, Division of Engineering, requested permission to reject all quotations for the above referred to project. Mr. Littrell noted that quotations were opened on September 25, 1995. Mr. Littrell stated that all quotations exceeded the Engineer's estimate and the amount budgeted for the project. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, the request to reject quotations for the above referred to project was approved. APPROVAL OF REOUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) TYPE I MEDIUM HEAVY DUTY MODULAR AMBULANCE - FIRE DEPARTMENT In a memorandum to the Board, Fire Chief Luther Taylor, requested permission to advertise for the receipt of bids for the above referred to vehicle. Chief Taylor stated that this vehicle will replace a unit now in service, and payment will be made from the Emergency medical Services Capital Improvement Fund. Therefore, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the request to advertise for the receipt of bids was approved. REQUESTS REFERRED Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following requests were referred to the appropriate Bureaus and Departments for recommendation: - TO CONDUCT NINTH ANNUAL ERSKINE BOULEVARD CANDLELIGHT WALK Mr. Leszczynski stated Mr. Richard F. Cowper, Erskine Boulevard Association, 2720 Erskine Boulevard, South Bend, Indiana, requested permission to conduct the above referred to Candlelight Walk, on Saturday, December 16, 1995, from 6:00 p.m. until 9:00 p.m., on the designated route as submitted. REGULAR MEETING NOVEMBER 27 1995 - TO CONDUCT FIRST ANNUAL RIVERSIDE RUN/ROAD RACE - SOUTH BEND PARKS AND RECREATION DEPARTMENT In a letter to the Board, Ms. Susan O'Connor, Director of Recreation, City of South Bend, requested permission to conduct the first annual Riverside Run/Walk Roadrace, beginning at 7:00 a.m., June 29, 1996, at Pinhook Park, on the designated route as submitted. Ms. O'Connor stated that this race will replace the Festival 4 run that has always -begin held in the past on the weekend of the Ethnic Festival. 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. Neal Connolly. 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 19370 Darden Road, South Bend, Indiana, (Key # 02-1079-3643), Mr. Connolly 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, Mr. Caldwell 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 Marceleen and Glenn Nunemaker. The Consent indicates that in consideration for permission to tap into the public water system of the City, to provide water service to 17169 Linda Street, South Bend, Indiana, (Key # 02-2019-041313), the Nunemaker'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, Mr. Caldwell made a motion that the Consent be approved. Mr. Leszczynski seconded the motion which carried. FILING OF MONTHLY NEIGHBORHOOD BUSINESS DEVELOPMENT CORPORATION REPORT - NOVEMBER 1995 Mr. Leszczynski stated that Mr. Sam Mercantini, Executive Director, Neighborhood Business Development Corporation, submitted the monthly report for November, 1995, and recommended that it be filed. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the report as submitted was filed. APPROVE TITLE SHEET - EMERSON FOREST - SANITARY SEWER AND WATER MAIN 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 Mr. Caldwell and carried, the above referred to Title Sheet was approved and signed. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,320,368.74 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. REGULAR MEETING NOVEMBER 27, 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. BOARD OF PUBLIC WORKS C,Wlhli E. Leszczyns i, President ;2es R. Caldwell, Member Jenny Pitts Manier, Member ATTEST: Angela k. Jacob, Clerk