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HomeMy WebLinkAbout10/10/94 Board of Public Works MinutesREGULAR MEETING OCTOBER 10, 1994 The regular meeting of the Board of Public Works was convened at 9:40 a.m. on Monday, October 10, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Jenny Pitts Manier present. Board Member James 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 October 3, 1994, were approved. OPENING OF BIDS - 22' ROLL -OFF TRUCK WITH ARTICULATING CRANE 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 bid was opened and publicly read: POZZO MACK SALES & SERVICE. INC. Post Office Box M 98 Gary, Indiana 46401 Bid was signed by Dan Arbuckle Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: $136,912.08 Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bid was referred to the Division of Equipment Services for review and recommendation. APPROVE CONSTRUCTION CONTRACT - PEASHWAY ST./LEEPER AVENUE LIGHT POST INSTALLATION - TRANS TECH ELECTRIC - PROJECT NO. 94-45 Mr. Leszczynski advised that in accordance with the bid awarded on September 6, 1994, to Trans Tech Electric, 4601 Cleveland Road, South Bend, Indiana, in the amount of $4,680.00 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 - F. JAY NIMTZ PARKWAY - PHASE III - RIETH RILEY CONSTRUCTION - PROJECT NO.94-46 Mr. Leszczynski advised that in accordance with the bid awarded on September 26, 1994, to Rieth- Riley Construction, 25200 State Road 23, South Bend, Indiana, in the amount of $638,631.15 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 CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - HANEY STREET SIDEWALK, CURB AND APPROACH REPAIRS - PROJECT NO 94-33 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, Division of Engineering, has submitted Change Order No. 1, for Ziolkowski Construction, Inc., Post Office Box 1106, South Bend, Indiana, indicating that the Contract amount be increased $2,196.85 for a new Contract sum including this Change Order in the amount of $45,606.70. Also submitted was a Project Completion Affidavit. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order and Project Completion Affidavit were approved. REGULAR MEETING OCTOBER 10, 1994 APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - PORTAGE AVENUE WIDENING - PROJECT NO. 93-07 Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, Division of Engineering, has submitted Change Order No. 1, for Rieth-Riley Construction, Post Office Box 1775, South Bend, Indiana, indicating that the Contract amount be increased $217,417.57 for a new Contract sum including this Change Order in the amount of $448,713.07. Also submitted was a Project Completion Affidavit. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the Change Order and Project Completion Affidavit were approved. APPROVE CONSTRUCTION CONTRACT AND CHANGE ORDER NO. 1 - CENTRAL HIGH SCHOOL APARTMENTS - SITE DEVELOPMENT - PROJECT NO. 94-26 Mr. Leszczynski advised that in accordance with the bid awarded on September 12, 1994, to Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, in the amount of $359,239.30 for the above referred to project, a Contract in said amount was being submitted for Board approval. Additionally, Change Order No. 1 was submitted indicating that the Contract amount be decreased in the amount of $93,815.00, which brings the Contract sum to $265,424.30 Upon a motion made by Mrs. Manier, seconded by Mrs. Leszczynski and carried, the Contract and Change Order No. 1 were approved and the appropriate Certificate of Insurance, Performance Bond and Labor and Materials Payment Bond as submitted were filed. APPROVE CHANGE ORDERS - COLLEGE FOOTBALL HALL OF FAME - HARMON CONTRACT W.S.A. Mr. Leszczynski advised that Mr. Rick Dieringer, Verkler, Inc. 4406 Technology Drive, South Bend, Indiana, has submitted the following Change Orders for the above referred to project: Change Order No. 08-80-01 Increase $ 2,068.00 New Sum Contract $282,788.00 Change Order No. 08-80-02 Decrease $11,680.00 New Sum Contract $280,720.00 Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above referred to Change Orders were approved. APPROVE ADDENDUM TO CONTRACT - COLLEGE FOOTBALL HALL OF FAME - PROFESSIONAL SERVICES AGREEMENT Mr. Leszczynski advised that the Board is in receipt of Addendums No. 5 and No. 6 for the above referred to project. Addendum No. 5 amends the Professional Services Agreement between Gerard Hilferty and Associates, Inc. and the City of South Bend, which was executed on August 10, 1992. Further, the scope of services to be provided by Designer is amended to include Installation Supervision Services in the Production Phase of this Agreement, and to increase the Stage II, Production Phase fee payable to Designer by $57,800.00, for an amended total contract fee of $1,426,080.00. Additionally, Addendum No. 6 maintains the time frame and services of installation of the exhibitry for the College Football Hall of Fame. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, Addendums No. 5 and No. 6 were approved. APPROVE FINAL CHANGE ORDER - EDISON ROAD - CONTRACT R-20304 Mr. Leszczynski advised that Mr. Toy Villa, Division of Engineering, has submitted a Final Change Order for Walsh & Kelly, 24358 State Road 23, South Bend, Indiana, indicating that the Contract amount be increased $7,147.53, for a new Contract sum including this Change Order in the amount of $1,733,464.05. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Final Change Order was approved. APPROVE ADDENDUM IV - COMMUNITY DEVELOPMENT CONTRACT Mr. Leszczynski advised that Marcia Townsend, Community and Economic Development, has submitted Addendum IV for the following Community Development Contract for approval. Addendum IV is an Amendment to the Northwest Revolving Loan Fund, which is administered by the Housing Development Corporation. Further, the changes allow a one time grant to South Bend Heritage for the Cushing Street Housing Rehabilitation Project and two (2) small grants in o REGULAR MEETING OCTOBER 10, 1994 combination with loans in the ongoing Northwest Revolving Loan Fund Activity. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the Addendum was approved. AWARD BID - UN KOTE SEWER EXTENSION - LIFT STATION NOS. 2, 3 AND 4 - AIR CONDITIONING FOR VARIABLE FREQUENCY DRIVE ENCLOSURES - PROJECT NO. 94- 57 In a letter to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, recommended that the Board accept the low bid of Slutsky-Peitz Plumbing and Heating Co., Inc., 844 South Rush Street, South Bend, Indiana, in the amount of $47,000.00 for the above referred to project. It was noted that bids for this project were opened by the Board on October 3, 1994. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the above bid was awarded, subject to the filing of the appropriate insurance, Performance Bond and Labor and Materials Payment Bond. AWARD BID - CLEVELAND ROAD IMPROVEMENTS - PORTAGE TO BENDIX, CLEVELAND ROAD LEFT TURN MOVEMENTS - PROJECT NO. 94-48 In a letter to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, recommended that the Board accept the low bid of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, in the amount of $125,466.40 for the above referred to project. It was noted that bids for this project were opened by the Board on October 3, 1994. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bid was awarded, subject to the filing of the appropriate insurance, Performance Bond and Labor and Materials Payment Bond. AWARD BID - VIBRATORY ASPHALT COMPACTOR, MODEL DD90 In a letter to the Board, Mr. Matthew L. Chlebowski, Director, Division of Equipment Services, recommended that the Board accept the bid of Industrial Construction Equipment Co., 25166 W. State Road 2, South Bend, Indiana, in the amount of $68,200.00 for the above referred to equipment. It was noted that bids for this equipment were opened by the Board on June 27, 1994. Further, Industrial Construction Equipment Co. was not the low bidder. MacDonald Machinery Co., 3953 Ralph Jones Dr., South Bend, Indiana, submitted a bid for a Vibromax Model 752 B, in the amount of $63,915.00, with a trade-in amount of $6,000.00, bringing the net total to $57,915.00. The Vibromax Model 752 B did not meet the advertised specifications for minimum horsepower, minimum amplitude settings or overall width. The main concern is with the overall width being too wide for Equipment Services' trailer. Mr. Chlebowski has made several attempts to have a unit brought to the City for a demonstration as outlined in the specifications, and MacDonald Machinery Co. has not responded to any telephone calls or letters. Therefore, their bid was rejected. Additionally, Southeastern Equipment Co., 3250 W. Coliseum Drive, Fort Wayne, Indiana, submitted a bid for a Bomag Model BW161ADS, in the amount of $81,533.00, with a trade-in amount of $15,000.00, bringing the net total to $66,533.00. Mr. Chlebowski indicated that the Bomag Model BW161ADS did not meet specifications in ten (10) areas. These include overall width, overall height, and side clearance minimums. This unit has only two (2) amplitude settings; not three (3) as specified. The turning radius is larger than specified and the top speed is 6 mph, as opposed to 8 mph on the DD90. The engine is an air cooled, German made, diesel. Specifications indicated a water cooled engine. Mr. Chlebowski indicated that his experience with air cooled engines has been that they are not as dependable, they cost more to repair, and parts availability is very poor. This all adds up to more down time for the equipment. That is why a more dependable water cooled engine was specified. Also, with the air cooled engine, we do not get the emergency shut -down system specified for low oil pressure or high water temperature. The specifications called for a one (1) year or 1,000 hour full warranty, whichever is longer. Southeastern Equipment Co. offers a one (1) year parts and a six (6) month labor warranty. As this unit is used for summer paving and not during the winter months, the warranty offered would not cover the unit for a full season of use. Therefore, it is requested that the bid from Southeastern Equipment Co. be rejected. Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above bid was awarded to Industrial Construction Equipment. REGULAR MEETING OCTOBER 10, 1994 PETITION TO VACATE A PORTION OF OLD CLEVELAND ROAD Mr. Leszczynski indicated that Mrs. Jenny Pitts Manier has submitted to the Board a Vacation Petition, to vacate a portion of Old Cleveland Road. West Old Cleveland Road, from the West right-of-way line of North Mayflower Road, east for a distance of approximately 2631.17 feet and a width of approximately 40 feet, to the east line of Section 20, Township 38 North, Range 2 East Additionally, the Board, as agent for the City, which owns the abutting properly, is acting to petition for the vacation at this point. The portion of Old Cleveland Road petitioned to be vacated is no longer needed as public right-of-way due to the construction and dedication of Nimtz Parkway. Therefore, Mr. Leszczynski made a motion that the Board refer the petition to the appropriate Bureaus for recommendation. Mrs. Manier seconded the motion which carried. APPROVAL OF LEASE OF PROPERTY AT 504 NORTH JOHNSON STREET - PARTNERSHIP CENTER Mr. Leszczynski indicated the Board is in receipt of Resolution No. 37-1994 for Board approval declaring its intent to lease the property at 504 North Johnson Street. Additionally, a Petition certified by the County Auditor, signed by fifty (50) property owners in the City of South Bend, and a lease signed by the Reverend Dave Porterfield of St. Stanislaus Catholic Church was submitted. RESOLUTION NO. 37-1994 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, DECLARING ITS INTENT TO LEASE THE PROPERTY AT 504 NORTH JOHNSON STREET, SOUTH BEND, INDIANA, FOR USE AS A NEIGHBORHOOD PARTNERSHIP CENTER WHEREAS, the City of South Bend is desirous of establishing several Neighborhood Partnership Centers in order to build stronger neighborhoods by bringing municipal and community services directly to the neighborhoods; and WHEREAS, the property at 504 North Johnson Street, South Bend, Indiana, has been selected as a site for a Neighborhood Partnership Center; and WHEREAS, this property at 504 North Johnson Street, South Bend, Indiana, contains approximately 1,000 square feet, an area sufficient to accommodate the activities for which the Neighborhood Partnership Center is intended; and WHEREAS, the Board of Public Works of the City of South Bend, Indiana; on October 10, 1994, received a petition ("Petition") signed by at least fifty (50) taxpayers of the City of South Bend, Indiana, for a term of one year, with a one year option to renew the leasehold agreement upon agreement by both parties with an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,200.00) in the first year and Four Thousand Two Hundred Dollars ($4,200.00) in the option year if the option to renew for the second year is exercised by the agreement of both parties; and WHEREAS, the Board also received, on October 10, 1994, a certificate of the St. Joseph County Auditor, certifying that the verifier of the Petition and at least fifty (50) of the signatories of the Petition are taxpayers of property located within the corporate limits of the City of South Bend; and WHEREAS, the Board also received, on October 10, 1994, a proposed lease agreement ("Proposed Lease") concerning the lease of the premises as petitioned; and WHEREAS, I.C. 36-1-10-7(2) requires, that prior to the Board's entering into a lease agreement for said premises, that the South Bend Common Council, after investigation, determine the lease of the premises is needed. tl1 REGULAR MEETING OCTOBER 10, 1994 NOW THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana as follows: 1) That the Board of Public Works of the City of South Bend, Indiana, hereby expresses its desire and intent to lease the premises at 504 North Johnson Street, South Bend, Indiana, for its use as a Neighborhood Partnership Center. 2) That the Petition, as certified by the St. Joseph County Auditor and submitted to the Board on October 10, 1994, is hereby accepted for filing and made available for public inspection. 3) That the lease of the premises shall be for a term of one (1) year with a one (1) year option to renew subject to the approval of both parties, and with an annual rental not to exceed Four Thousand Two Hundred Dollars ($4,200.00) in the first year and Four Thousand Two Hundred Dollars ($4,200.00) in the second year if the option to renew is exercised. 4) That the Board directs and authorizes that a Resolution be filed with the South Bend Common Council with the City Clerk for consideration by the Common Council of the City of South Bend, Indiana, a form of Resolution to establish, after investigation and consideration, its determination that the lease of the premises described herein is needed. 6) That a public hearing on the proposed lease is hereby set for October 31,1994, at 9:30 a.m. in the Board of Public Works Meeting Room, 1308 County -City Building, South Bend, Indiana, 46601, at which hearing all persons desiring to be heard will be given the opportunity to address whether the Proposed Lease is necessary and whether the proposed rental is fair and reasonable. 7) That this resolution will be in full force and effect from and after its passage by the Board. Adopted this 1 Oth day of October, 1994. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/John Leszczynski, President s/Jenny Pitts Manier, Member ATTEST: s/Angela K. Jacob, Clerk Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, Resolution No. 37-1994 was approved. REQUESTS: - TO ADVERTISE FOR BIDS - FIRE DEPARTMENT - ONE (1) 1500 GPM PUMPER - TO ADVERTISE FOR REBID - COLLEGE FOOTBALL HALL OF FAME - PAINTING AND FINISHING: AND SYNTHETIC SURFACES - TO ADVERTISE FOR SALE OF ABANDONED VEHICLES Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the above referred to requests were approved. REQUEST TO ENCROACH ONTO PUBLIC RIGHT-OF-WAY - ESLINGER FURNITURE & APPLIANCES. 2701 SOUTH MICHIGAN STREET Mr. Leszczynski informed Members the Board is in receipt of a letter from Mr. Thomas D. Eslinger, Eslinger Furniture & Appliances, 2701 S. Michigan Street, South Bend, Indiana, requesting permission to install an awning in front of his business. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the request was referred to the appropriate Bureaus for recommendation. 1 REGULAR MEETING OCTOBER 10, 1994 REQUEST TO CONDUCT ANNUAL "WALK AGAINST VIOLENCE" - NORTHERN INDIANA CAB DRIVERS ASSOCIATION - OCTOBER 25. 1994 Mr. Leszczynski noted that Mr. William Kline, 1025 E. Wayne Street, South Bend, Indiana, has submitted a request to conduct an Annual "Walk Against Violence" for the Northern Indiana Cab Drivers Association on October 25, 1994, beginning at 6:00 p.m. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the request was referred to the appropriate Bureaus for recommendations. REQUEST FOR TRANSIENT MERCHANT LICENSE - ELINOR TYL D/B/A/ ELI'S BRIDAL SHOP Mr. Leszczynski noted the Board is in receipt of a request from Elinor Tyl, d/b/a/ Eli's Bridal Shop, 742 S. Eddy, South Bend, Indiana, to conduct a Kris Kringle Craft Show, at Union Station, 310 W. South Street, South Bend, Indiana, on Sunday, November 27, 1994, from 9:00 a.m. to 5:00 p.m. Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the request was referred to the appropriate Bureaus for recommendations. APPROVE RELEASE OF CONTRACTOR BONDS Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, recommended that the following Contractor Bonds be released as follows: Sam Kroll Released Effective 10/5/94 Jerry W. Bryant d/b/a/ Bryant Concrete Released Effective 10/18/94 Mr. Leszczynski made a motion that the recommendation be accepted and that the Bonds be released as outlined above. Mrs. Manier seconded the motion which carried. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following Certificates of Insurance were accepted for filing: Majority Builders, Inc. 62900 U.S. 31 South South Bend, Indiana 46614 Small Inc. 25190 S.R. 4 North Liberty, Indiana 46554 APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following traffic control devices were approved: NEW INSTALLATION: Handicap Sign LOCATION: 1006 W. Wayne Street REMARKS: Mrs. Allridge has met all requirements NEW INSTALLATION LOCATION: REMARKS: Handicap Sign 3566 Langley Mrs. Vargo has met all requirements REGULAR MEETING NEW INSTALLATION LOCATION: REMARKS: OCTOBER 10, 1994 Handicap Sign 412 St. Vincent Mr. Brown has met all requirements NEW INSTALLATION: Handicap Sign LOCATION: 1921 Northside and one (1) 25' space on 20th Street at Northside REMARKS: Parkview Juvenile Center request APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount of $399,971.49 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted two (2) lists containing claims in the amount of $29,744.89 and $245,736.64 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 10:03 a.m. BOARD OF PUBLIC WORKS 51 E. Leszczynslki, V9d / 6� �'� � denny Pitts amer, Member ATTEST: AngA K. Jacob, Kerk 11