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HomeMy WebLinkAbout06/21/93 Board of Public Works MInutes230 REGULAR MEETING JUNE 21, 1993 The regular meeting of the Board of Public Works was convened at 9:33 a.m. on Monday, June 21, 1993, by Board Member James R. Caldwell with Mr. Caldwell and Mrs. Mary H. Mueller present. Board President John E. Leszczynski was not in attendance. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Mueller, seconded by Mr. Caldwell, and carried, the minutes of the regular meeting of the Board held on June 14, 1993, were approved. OPENING OF BIDS - BLACKTHORN GOLF COURSE IRRIGATION WELL PROJECT 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: PEERLESS-MIDWEST, INC. 51255 Bittersweet Road P.O. Box 26 Granger, Indiana 46530 Bid was signed by Mr. J.P. Osborne, President, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $22,385.00 Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the above bid was referred to the Division of Engineering for immediate review in order that an award could be made at this meeting. Following that review, Mr. Carl P. Littrell, Director, Division of Engineering, recommended that the Board award the bid of Peerless - Midwest, Inc. in the amount of $22,385.00. Mr. Littrell noted that the amount bid is within the budget for this project and is under the estimate. Therefore, Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded. Mrs. Mueller seconded the motion which carried. ADOPT RESOLUTION nei+mL+n [• % -1993 - DISPOSAL OF FLOW In a letter to the Board, Mr. Jack Dillon, Director, Division of Environmental Services, requested that the Board declare various equipment used for the completed.River Crossing #1 project as no longer necessary and to advertise for the sale of the equipment. Mr. Dillon noted that the estimated value of this equipment is eight thousand dollars ($8,000.00). Board Attorney and Member Mary H. Mueller reiterated that the equipment to be declared obsolete and offered for sale are flow meters that were purchased for the River Crossing #1 project. As the City has no use for this equipment and does not have an employee trained to use the equipment, it is requested that they be disposed of through a sale. Mrs. Mueller also reiterated that the equipment is valued at eight thousand dollars ($8,000.00), more or less. Therefore, Mr. Caldwell made a motion that the appropriate Resolution which has been prepared declaring this equipment obsolete be adopted. Mrs. Mueller seconded the motion which carried and the following Resolution No. 25-1993 was adopted: 1 1 1 REGULAR MEETING JUNE 21, 1993 RESOLUTION NO. 25-1993 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: SIX (6) ISCO MODEL 3210 OPEN CHANNEL FLOW METERS SIX (6) ULTRASONIC LEVEL SENSORS AND CABLES ONE (1) FIVE STATION BATTERY CHARGER INCLUDING MANUALS, COMPUTER INTERFACE CABLE, PLOTTER PAPER, EXTENSION CABLE AND SOFTWARE USED WITH THESE METERS WHEREAS, Indiana Code 36-1-11-6(b) permits and establishes procedure for disposal of personal 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 that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated total value of Five Thousand Dollars ($5,000.00) or more. BE IT FURTHER RESOLVED that said property may be sold at a Public Auction conducted by an auctioneer licensed under Indiana Code 25-6.1, after advertising the property for sale, in accordance with Indiana Code 5-3-1. However, if an auctioneer is not engaged, the disposing agent shall sell the property at a public sale or by sealed bids delivered to the office of the disposing agent before the date of sale. All sales shall be made to the highest responsible bidder. Advertisement of the sale shall be made in accordance with Indiana Code 5-3-1. ADOPTED this 21st day of June , 1993. BOARD OF PUBLIC WORKS s/James R. Caldwell s/Mary H. Mueller ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 26-1993 - DISPOSAL OF OBSOLETE EQUIPMENT (COMPUTERS) In a Memorandum to the Board, Ms. Kellie Pickett, Central Purchasing, recommended that the Board declare obsolete some computer equipment that is obsolete and non -salvageable. Ms. Pickett noted that this equipment was originally purchased for parts and is over ten (10) years old. Board Attorney Mary Mueller noted that this computer equipment is obsolete and has no value. Therefore, Mr. Caldwell made a motion that the appropriate Resolution which has been prepared be adopted. Mrs. Mueller REGULAR MEETING JUNE 21, 1993 seconded the motion which carried and the following Resolution No. 26-1993 was adopted: RESOLUTION OF RESOLUTION NO. 26-1993 BEND BOARD OF PUBLIC WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: TWO (2) CONTROL DATA DISK DRIVES: SERIAL NUMBERS• 119989 119992 TWO (2) CYBER 18 PROCESSORS• SERIAL NUMBERS: 118 6225 ONE (1) DATA MONITORING DEVICE SERIAL NUMBER: 6214 WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal 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 that the items listed above are no longer needed by the City; are unfit for the purpose for which they were intended and have an estimated value of less than five thousand dollars ($5,000.00). BE IT FURTHER RESOLVED, that said equipment may be transferred or sold at public auction or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 21st day"of June, 1993. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/James R. Caldwell, Member s/Mary H. Mueller, Member ATTEST: s/Sandra M. Parmerlee, Clerk AWARD BID - CONTROL INFORMATION AND COMMUNICATION SYSTEM - PHASE I (WASTEWATER TREATMENT PLANT) In a letter to the Board, Mr. Jack Dillon, Director, Division of Environmental Services, advised that the bids received on May 24, 1993, for the above referred to project, have been reviewed. The low bidder, Topro, Services, Inc., 2525 West Evans Avenue, 1 I REGULAR MEETING JUNE 21. 1993 Denver, CO, has identified a significant omission in their bid and has requested to withdraw their bid. It has been determined and is being recommended that the Board accept the request of Topro, Inc., to withdraw. Also recommended is the award of the bid to the next lowest bidder, Koontz -Wagner Electric Company, Inc., 3801 Voorde Drive, South Bend, Indiana, in the amount of $1,098,137.00, subject to Article 23 of the Instructions to Bidders commencing on June 21, 1993. Board Attorney and Member Mary H. Mueller reiterated that Topro Services, Inc., submitted the low bid of $888,000.00 for this project. Topro Services has requested that they be allowed to withdraw their bid because of a computation error in putting their bid together. Mrs. Mueller noted that Topro Services failed to include that portion of the bid associated with a telemetry system in an amount of $162,680.00. The fact that Topro made a mistake is buttressed by the fact that the engineer's estimate for this project is nearly double its initial bid price. Mrs. Mueller noted that under Indiana law if a substantial computation error is made they can be allowed to withdraw their bid and the City can award the next low bid of Koontz -Wagner Electric Company, Inc., in the amount of $1,098,137.00. Therefore, Mrs. Mueller made a motion that the request of Topro Services to withdraw their bid for this project be granted and the next low bid of Koontz -Wagner Electric Company, Inc., be awarded. Mr. Caldwell seconded the motion which carried. RECOMMENDATION TABLED - VACATION PETITION - 1ST N/S ALLEY E. OF NORTH BENDIX DRIVE AND A PORTION OF SAID E/W ALLEY FROM THE R-O-W LINE OF THE 1ST N/S ALLEY W. OF N. BENDIX Mr. Caldwell indicated that the Common Council has submitted to the Board a Vacation Petition as completed by AAA Federal Credit Union, 1112 North Bendix Drive, P.O. Box 388, South Bend, Indiana, and which indicates Michael C. Murphy, Esquire, Attorney for AAA, Konopa & Murphy, P.O. Box 1438, South Bend, Indiana, as Contact Person, to vacate the following property: The first north/south alley east of N. Bendix Drive from the north right-of-way line of W. Greene Street to the south right-of-way line of the first intersecting east/west alley north of W. Greene Street for a distance of approximately 114 feet and a width of approximately 14 feet; Also, a portion of said east/west alley from the west right-of-way line of the first north/south alley west of North Bendix Drive to the east line of lot 36, Westchester First Unit. Part located in Westchester First Unit in the City of South Bend, Indiana. Board Attorney and Member Mary H. Mueller advised that she has some concerns with the proposed vacation. Mr. Carl P. Littrell, Director, Division of Engineering, was present and informed the Board that the alley to be vacated is in fact included into the parking lot of AAA Federal Credit Union. Mr. Littrell noted that the Credit Union developed that property in the 1960's or 1970's and they paved over the alley and included it into their lot. They have allowed the public to use part of the lot/alley for ingress/egress. Mr. Littrell noted that garbage trucks need to continue to use the alley. Mr. Littrell further informed the Board that because of the South Shore use of the track on Westmore, the South Shore has closed the 2v4 s x REGULAR MEETING JUNE 21, 1993 AAA Credit Union entrance onto Bendix. Green Street is the AAA - Credit Union southern boundary and more and more traffic is using the entrance on Green Street which is vary narrow. The alley approach at this spot is ineffective and the Credit Union would like to widen and relocate the approach. Mr. Littrell advised members of the Board that to make a safer situation, it is the recommendation of the Engineering Department to vacate the alley but to allow public access use to let people in and out. Mrs. Mueller stated that she has two (2) problems with this Vacation Petition. First, the way the ordinance which has been submitted is written, it does not indicate that AAA Credit Union will provide an Easement. If the vacation was granted, the AAA Credit Union could put up a fence and close the alley. The ordinance is defective and the AAA Credit Union needs to more fully describe their intention in the ordinance. Secondly, to allow the vacation of property essentially still required for public use is a vacation but not a vacation. Mrs. Mueller informed members of the Board that she was involved in a meeting recently with members of the Common Council and their attorney regarding this type of situation. Mrs. Mueller indicated that perhaps the AAA Credit Union could move their entrance and still maintain the use of the alley. Mr. Littrell noted that there are screening requirements as well concerns regarding ingress/egress from the alley which require the Traffic Engineer's approval. The screening is an Area Plan Commission requirement which could be stumbling block in this matter. It was noted that there are some businesses and residences that utilize this alley. In conclusion, Mrs. Mueller noted that the Vacation Petition cannot be recommended for approval in its present form. She noted that the Petitioner should be given the opportunity to amend the ordinance and perhaps a meeting should be arranged with the Petitioner and representatives from the Common Council to determine if the Common Council will go along with a Vacation petition under these circumstances. Therefore, Mr. Caldwell made a motion that the Board's recommendation concerning this Vacation Petition be tabled at this time. Mrs. Mueller seconded the motion which carried. In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested, on behalf of the Department of Environmental Services, that the Board advertise for the receipt of bids for the above referred to project. Mr. Littrell noted that plans and specifications for this project have been completed by the consultant engineer, Triad Engineering, and have been reviewed by the Legal Department. Therefore, Mrs. Mueller made a motion that the request be approved. Mr. Caldwell seconded the motion which carried. REQUESTS REFERRED: Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the following requests were referred to the appropriate City departments and bureaus for review and recommendation: OF ST. MARY OF THE ASSUMPTION CHURCH TO CLOSE A PORTION OF ASSUMPTION DRIVE IN CONJUNCTION WITH ANNUAL PARISH FESTIVAL - AUGUST 15, 1993 In a letter to the Board, Father John F. Pfister, Pastor, St. Mary of the Assumption Church, 3501 South Locust Road, South 1 1 26J REGULAR MEETING JUNE 21, 1993 Bend, Indiana, requested permission to close a portion of Assumption Drive on Sunday August 15, 1993, from 12:00 noon until 9:00 p.m. in conjunction with the annual Parish Festival. TO CLOSE IRVINGTON AVENUE, FROM FELLOWS TO RUSH, FOR NEIGHBORHOOD BLOCK PARTY - JULY 17, 1993 Ms. Kim Basham, 505 East Irvington Avenue, South Bend, Indiana, submitted to the Board an Application For Use Of And Blocking Of Access To Public Right -of -Way For A Party Or Similar Event, requesting that Irvington Avenue, from Fellows to Rush Street, be closed from 2:00 p.m. to 12:00 midnight, on Saturday, July 17, 1993, for a neighborhood block party. Ms. Diane Bradley -Kantor, 1712 East Wayne Street, South Bend, Indiana, submitted to the Board an Application For Use Of And Blocking Of Access To Public Right -of -Way For A Party Or Similar Event, requesting that Wayne Street, from Esther to Greenlawn, be closed from 1:00 p.m. to 10:00 p.m., Sunday, July 4, 1993, for a 4th of July Block Party. APPROVE REQUEST TO CLOSE LAWNDALE, FROM LINCOLNWAY WEST TO LA PORTE, FOR NEIGHBORHOOD APPRECIATION - JULY 4, 1993 Mr. Caldwell stated that the appropriate City departments and bureaus have reviewed the above referred to request, which was submitted to the Board on June 14, 1993, and approval is recommended. Therefore, Mrs. Mueller made a motion that the request be approved. Mr. Caldwell seconded the motion which carried. APPROVE SIDEWALK SALE PERMIT APPLICATION Mr. Caldwell indicated that the Board is in receipt of a Sidewalk Sale Permit application from the following: 1. APPLICANT: BUSINESS NAME: ADDRESS: DATES OF SALE: GOODS TO BE SOLD: KEITH HERBRAND OSCO DRUG STORES 128 South Michigan Street July 3-4, 1993 Pop, clips, T-shirts, hats Mrs. Mueller made a motion that this application be approved. Mr. Caldwell seconded the motion which carried. APPROVE TITLE SHEET - SEPTAGE RECEIVING/SCUM HANDLING IMPROVEMENTS PROJECT (WASTEWATER TREATMENT PLANT) Upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the Title Sheet for the above referred to project was approved and signed. APPROVE RUBBISH AND GARBAGE REMOVAL LICENSE APPLICATION Mr. Caldwell advised that the following Rubbish and Garbage Removal Service license application has been received: 1. Steve Herron 707 East Keasey Street South Bend, Indiana It was noted that an inspection of the truck to be used has been conducted by the Solid Waste Bureau and the applicant was found to �J6 REGULAR MEETING JUNE 21, 1993 be in compliance. Additionally, the Department of Code Enforcement has reviewed this application and recommends approval. Therefore, Mr. Caldwell made a motion that the application be approved. Mrs. Mueller seconded the motion which carried. APPROVE CONTRACTORS BONDS Mr. Larry D. Spradlin, Sr., Division of Engineering, recommended that the Bond of Contractor for Laidig Concrete, Inc., 6350 Dogwood Road, Mishawaka, Indiana, be approved effective June 21, 1993. Mr. Caldwell made a motion that the recommendation be accepted and the bond be approved. Mrs. Mueller seconded the motion which carried. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted a list containing claims in the amount of $66,794.52 and recommended approval. Additionally, the Department of Economic Development submitted the following claim and recommended approval: l*Eb AND CERTIFI TION FUND PA OF THE BOARD T Claim No.: 47 Payee: Ziolkowski Construction, Inc. 1005 South Lafayette Boulevard P.O. Box 1108 South Bend, Indiana 46624 Amount: $154,809.00 IS Mrs. Mueller made a motion that the claims submitted be approved. Mr. Caldwell seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Caldwell, seconded by Mrs. Mueller and carried, the meeting adjourned at 9:50 a.m. BOARD OF PUBLIC WORKS r Jin E. Leszczyn Mary Hall Mueller es R. dwell ATZ" ST Sandra M. Parmerlee, Clerk 1 1 1