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HomeMy WebLinkAbout10/03/94 Board of Public Works MinutesREGULAR MEETING OCTOBER 3. 1994 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Monday, October 3, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski and Mr. James R. Caldwell present. Mrs. Jenny Pitts Manier arrived at the meeting at 9:37 a.m. Also present was Board Attorney Anne Bruneel. AGENDA ITEM ADDED Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczynski and carried, a Consent to Annexation and Waiver of Rights to Remonstrate was added to the agenda at this time. 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 September 26, 1994, were approved. PUBLIC HEARING - PROPOSED LEASE AGREEMENT - NEIGHBORHOOD PARTNERSHIP CENTER - 90131 ST STREET Mr. Leszczynski advised that this was the day set for the Board's Public Hearing on the proposed Lease Agreement for the Neighborhood Partnership Center at 901 31 st Street. Mr. Leszczynski asked that at this time recommendations in support of or opposition to the issuance of the Lease Agreement would be heard. Mr. Phil Niswonger, 741 South 30th Street, South Bend, was present, and informed the Board that the Neighborhood Partnership, to be located at 901 S. 31 st Street in the River Park Neighborhood is an excellent opportunity to improve the reputation of River Park, maintain safety, and help River Park grow. As a River Park resident, Mr. Niswonger informed the Board that the response of the residents is favorable in executing a Partnership Center, which will benefit the neighborhood, as well as the City of South Bend. There being no one to address the Board in opposition to the Lease Agreement, Mr. Leszczynski inquired of the Board if they had any comments or discussion. Mr. Jim Caldwell informed the Board that the Neighborhood Partnership Center, to be located at 901 31 st Street is a positive effort in the River park neighborhood. There being no further discussion, Mr. Leszczynski made a motion to approve the Lease Agreement. Mr. Caldwell seconded the motion which carried. OPENING OF BIDS - CLEVELAND ROAD IMPROVEMENTS - BENDIX TO PORTAGE - PROJECT NO. 94-48 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 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Douglas V. Kesler, General Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: Option No. 1 $125,466.40 Option No. 2 $ 72,894.90 RIETH-RILEY CONSTRUCTION Post Office Box 1775 South Bend, Indiana 46634 Bid was signed by Eugene Yarkie, Area Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 0 704 REGULAR MEETING OCTOBER 3. 1994 BID: Option No. 1 $147,697.25 Option No. 2 $ 86,733.25 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bids were referred to the Division of Engineering for review and recommendation. OPENING OF BIDS - I/N KOTE SANITARY SEWER EXTENSION PROJECT - A/C FOR VARIABLE FREQUENCY DRIVE ENCLOSURES 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: SLUTSKY-PELTZ PLUMBING & HEATING 844 South Rush Street South Bend, Indiana 46601 Bid was signed by Robert M. Peltz, Vice President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $47,000.00 Additionally, a bid submitted by Andrew Troeger & Co., Inc., 122 South Niles Avenue, South Bend, Indiana, was rejected, based on the fact that State Board of Accounts Form 96 Revised for bids was not used, and the Bid Bond was not signed. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bid was referred to the Division of Engineering for review and recommendation. APPROVE CONSTRUCTION CONTRACT - SOUTHEAST REDEVELOPMENT AREA SITE CLEARANCE - SPECIALTY SYSTEMS OF SOUTH BEND, INC Mr. Leszczynski advised that in accordance with the bid awarded on September 12, 1994, to Specialty Systems, 1408 Elwood Avenue, South Bend, Indiana, in the amount of $11,817.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, 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 - EAST BANK DEVELOPMENT AREA - ALLEY IMPROVEMENTS -RIETH-RILEY CONSTRUCTION Mr. Leszczynski advised that in accordance with the bid awarded on September 12, 1994, to Rieth Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $24,770.25 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Contract was approve and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CONSTRUCTION CONTRACT - STEPHENSON MILLS APARTMENTS - LANDSCAPING - FOEGLEY LANDSCAPE, INC. Mr. Leszczynski advised that in accordance with the bid awarded on September 12, 1994, to Foegley Landscape, Inc., 52215 N. Lilac Road, South Bend, Indiana, in the amount of $17,476.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. REGULAR MEETING OCTOBER 3; 1994 Upon a motion made by Mr. Caldwell, 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. RECOMMENDATION - REJECT BID - CHIPPEWA AVENUE STORM WATER CONTROL SYSTEM - DIVISION "B" - PROJECT NO. 91-49 Mr. Leszczynski informed members that the Board is in receipt of a memo from Carl P. Littrell, Director, Division of Engineering, recommending that the above referred to bid be rejected, based on the fact that the amount exceeds the Engineer's Estimate of $90,000 and exceeds the amount appropriated for the work. Mr. Leszczynski made a motion the bid be rejected. Mrs. Manier seconded the motion which carried. APPROVE CHANGE ORDER - AV 1 - COLLEGE FOOTBALL HALL OF FAME - AUDIO VISUAL EXHIBITS PHASE II - DONNA LAWRENCE PRODUCTIONS Mr. Leszczynski advised members the Board is in receipt of a Change Order from Ms. Donna Lawrence, President, Donna Lawrence Productions, Inc., 624 Baxter Avenue, Louisville, Kentucky. Mr. Leszczynski informed the Board that the document before the Board was an Addendum to the original Agreement, approved on July 19, 1993, rather than a Change Order. The purpose of the document is to confirm authorization to proceed with Phase II of the original Agreement as follows: Stage 1 Planning & Design $ 400,000 No Change Stage II Production & Installation $1,744,184 Revised Total Fee for the Project $2,144,184 Revised Estimated Equipment to be Bid $ 481,816 Revised Mrs. Manier made a motion to change the Agenda Item to "Approve Addendum", in lieu of "Approve Change Order". Mr. Caldwell seconded the motion which carried. Additionally, Mr. Leszczynski advised that Mr. Skip Rhodes, Gerard Hilferty & Associates, Inc., 14240 Route 550, Athens, Ohio, has submitted on behalf of Donna Lawrence, President, Donna Lawrence Productions, Inc. 624 Baxter Avenue, Louisville, Kentucky, Change Orders AV 1, AV2 and AV3, the following Change Orders. AV 1 "Strategy Quiz" AV2 "You Call the Play" AV3 "Touch Screen to Begin" Original Contract Sum $2,144,184 Increase $ 6,000 New Contract Sum $2,150,184 Original Contract Sum $2,144,184 Increase $ 12,500 New Contract Sum $2,162,684 Original Contract Sum $2,144,184 Increase $ 4,500 New Contract Sum $2,167,184 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Orders were approved. REQUEST TO ADVERTISE FOR BIDS - SOUTHEAST REDEVELOPMENT: AREA SITE CLEARANCE, PHASE I. STRUCTURE REMOVAL PACKAGE 2 - PROJECT NO. 94-72 Mr. Carl P. Littrell, Director, Division of Engineering, requested permission to advertise for the above referred to project. Mr. Littrell stated that this project is for demolition of structures in the area acquired by the Department of Redevelopment for the Parkview Juvenile Center and Ivy Tech. Also, the plans and specifications have been prepared by the Engineering Division and are being reviewed by the Legal Department. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the request was approved. REGULAR MEETING OCTOBER 3. 1994 REQUEST TO ENCROACH INTO PUBLIC RIGHT-OF-WAY - REPLACEMENT OF SIGN AT SOUTH BEND TRIBUNE, 227 W. COLFAX Mr. Leszczynski stated the Board is in receipt of a request from Burkhart Advertising, 1247 Mishawaka Avenue, South Bend, to replace an existing sign at the South Bend Tribune, 227 West Colfax, South Bend, Indiana, at the southwest corner of the building. Mr. Leszczynski noted that the replacement sign will encroach five (5) feet. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the request was referred to the appropriate Bureaus for recommendations. 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 Bettye R. Holley, Legal Assistant, Perkins Family Restaurants, 6075 Poplar Avenue, Memphis Tennessee,. 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 a parcel of land being a part of the South West Quarter of Section 25, Township 38 North, Range 2 East, Clay Township, St. Joseph County, Indiana, South Bend, Indiana, (Key Nos. 03-1138-0454, 03-1138-0455, and 03-1138-0457), the Perkins Family Restaurant 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. Caldwell seconded the motion which carried. APPROVAL OF PETITION TO RELEASE ACCRUED TAX AND REMOVE PROPERTY FROM TAX ROLLS Mr. Leszczynski informed members that the Board is in receipt of a Petition to Release Accrued Tax and Remove Property from Tax Rolls, which is a part of the Northeast Quarter of Section 28, Township 38 North, Range 2 East, St. Joseph County, Indiana, Key Number 25-1010-0385- 01. Mrs. Manier noted that this is a drainage easement in the Industrial Foundation area. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Petition to Release Accrued Tax and Remove Property from Tax Rolls was approved. FILING OF MONTHLY NEIGHBORHOOD BUSINESS DEVELOPMENT CORPORATION Mr. Leszczynski advised that Pam Meyer, Department of Community and Economic Development, has submitted a monthly Neighborhood Business Development Corporation, which is under contract with Sam Mercantini to work with the Neighborhood Business Development Program. Mr. Leszczynski made a motion that the reported as submitted be accepted for filing. Mr. Caldwell seconded the motion which carried. APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted two lists of claims in the amount of $1,232,654.13 and $1,177,904.07 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 Mr. Rick Tuttle, General Manager, TCI of Michiana, 815 West Edison Road, Mishawaka, Indiana, was present and asked permission to address the Board. Mr. Tuttle informed the Board that TCI of Michiana is making plans to rebuild the South Bend cable system. He asked the Board that the franchise be extended, and wished to begin discussing plans for this process. Further, the new cable plan will includea state -of -the art 72 channel system, and 500 digitized channels. Additionally, TCI of Michiana would like to make a decision by March of 1995, and would like begin meetings with City officials affected by this change. Mr. Tuttle also submitted to the Board a semi-annual franchise fee, which was forwarded to the Controller's Office. REGULAR MEETING OCTOBER 3; 1994 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 9:55 a.m. BOARD OF PUBLIC WORKS J hn E. Leszczynski, i sident James R. Caldwell, Member 1 Jenny itts Manier, Member ATTEST: Angeg K. Jacob, erk