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HomeMy WebLinkAbout01/23/89 Board of Public Works Minutes15 REGULAR MEETING JANUARY 23, 1989 The regular meeting of the Board of Public Works was convened at 9:38 a.m. on Monday, January 23, 1989 by Board Member Patricia E. DeClercq, with Mrs. DeClercq and Ms. Katherine Humphreys present. Board President John E. Leszczynski was not in attendance. Also present was Assistant City Attorney Marva J. Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the minutes of the January 16, 1989, regular meeting of the Board were approved. APPROVE DESIGN AGREEMENT - MIAMI/CALVERT INTERSECTION IMPROVEMENTS (COLE ASSOCIATES) Mrs. DeClercq advised that Mr. Michael P. Meeks, Director, Division of Engineering, has submitted to the Board a design contract for signal improvements at Miami and Calvert Streets. The Agreement, between the City of South Bend and Cole Associates, Inc., 2211 East Jefferson Boulevard, South Bend, Indiana, indicates that the City desires to contract for the design of improvements at the Miami Street/Calvert Street intersection and that Cole Associates has expressed a willingness to provide the necessary engineering services for the design of improvements at that location and provide services and documents in connection with the project. The Agreement further indicates that Cole Associates shall receive as payment for the work performed under this Agreement a total fee not to exceed $7,100.00 unless a modification of Agreement is approved in writing by the City. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the Agreement as submitted was approved and executed. APPROVE AGREEMENTS - INDIANA MICHIGAN POWER COMPANY (CUSTOMER OWNED STREET LIGHTS - NILES AVENUE) In a Memorandum to the Board, Mr. Michael P. Meeks, Director, Division of Engineering, submitted three (3) standard Indiana Michigan Electric Company Agreements concerning customer owned street lights on Niles Avenue south of Corby Boulevard, near Madison Street and near Sorin Street. These Agreements will enable the City to save approximately fifty per cent (50%) in utility bills for the new street lights on Niles Avenue. Therefore, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the Agreements as submitted were approved and executed. ADOPT RESOLUTION NO. 2-1989 - TRANSFER OF REAL PROPERTY (635 SOUTH MAIN STREET) Board Attorney Marva J. Leonard -Dent advised the Board that the Resolution submitted to the Board today is a requirement for sealing the South Bend School Corporation's intention to transfer the real property at 635 South Main Street to the City. She stated that as a requirement of the state law the School Corporation has also adopted a resolution of intent to transfer the above referred to property. The transfer will not occur for some time, however, but the Resolution indicates intent to transfer. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 2-1989 was adopted: RESOLUTION NO. 2-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS FOR TRANSFER OF REAL PROPERTY LOCATED AT 635 SOUTH MAIN STREET 16 REGULAR MEETING JANUARY 23, 1989 WHEREAS, pursuant to I.C. 36-1-11-8 the City of South Bend by its Board of Public Works has the authority to execute a transfer, for any amount of real property, with a governmental entity upon terms and conditions agreed upon by the entities as evidenced by adoption of substantially identical resolutions by each entity; and WHEREAS, the South Bend Community School Corporation ("CORPORATION") presently owns a parcel of real property in St. Joseph County, Indiana known as the Education Center, which is located at 635 South Main Street, South Bend, Indiana, which property is referred to in this Resolution as the ("CENTER"); and WHEREAS, the CORPORATION has decided to move its administrative offices from the CENTER to the Central High School Building on Colfax Street in South bend, Indiana ("CENTRAL") and has employed architects to design the remodeling of that building for such purposes with a planned occupancy date in December, 1990; and WHEREAS, the City of South Bend ("CITY") has indicated an interest in owning the CENTER and using the same as part of the Studebaker National Museum and for other purposes; and . WHEREAS, the CORPORATION has determined by Resolution adopted on December 5, 1988, that upon the remodeling of CENTRAL being complete and the administrative offices being moved to CENTRAL and upon the CENTER being vacated, it will no longer be needed for school purposes or any other purposes of the CORPORATION; NOW, THEREFORE, BE IT RESOLVED by the CITY, through its Board of Public Works that as evidenced by adoption of a Resolution by the CORPORATION that: 1. The CENTER will no longer be needed for school purposes or for any other purpose of the CORPORATION after it is vacated and upon all legal requirements being met and shall be transferred to the CITY for use of the Studebaker National Museum; and that upon the completion of the construction and renovation process of CENTRAL for a new Education Center and the completion of the move by the CORPORATION to CENTRAL, a public hearing concerning this transfer shall be conducted by the Superintendent of Schools in accordance with law prior to the School Board giving its final approval to the delivery of a deed and conveyance of the CENTER. 2. Pursuant to the requirements of Indiana statutes, ownership and title to the CENTER shall be transferred to the CITY by a Quit -Claim Deed and Bill of Sale from the CORPORATION upon the CITY paying the CORPORATION the sum of Ten Dollars ($10.00) in cash, and the CITY shall accept the same, subject to the following conditions: (a) Transfer of the CENTER shall be made by the CORPORATION in an "as is" condition with no warranties, indemnities or representations made by the CORPORATION as to its condition. (b) The date of the transfer shall be determined by the CORPORATION and shall not be earlier than the date upon which CENTRAL is complete and the administrative offices of the CORPORATION and its personal property has been moved to CENTRAL and all financing of the rehabilitation of CENTRAL is in place. 1'7 n 1 REGULAR MEETING JANUARY 23, 1989 (c) The CORPORATION may remove from the CENTER any of its fixtures and equipment prior to the transfer to the CITY; and (d) The transfer of the CENTER is subject to the holding of a hearing by the CORPORATION under the provisions of I.C. 36-1-11-3, the publication of notice of such hearing and approval of the transfer by the CORPORATION of the CENTER to the CITY by the Superintendent of Schools of the CORPORATION. ADOPTED this 23rd day of January, 1989 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 3-1989 - INDICATING SUPPORT OF CONTRACT AWARD AND AWARD -BIDS - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT Mrs. Patricia E. DeClercq advised that in response to the bids received on December 12, 1988 for the above referred to project, Resolution No. 3-1989 has been prepared by the project engineers which indicates support of contract awards. She stated that she would like to recommend that the Board adopt this Resolution with the following stipulations for bid awards: Contract I $16,040,000.00 Hagerman Construction Contract II (total for Contracts Corporation, Fort Contract III I, II and III) Wayne, Indiana Equipment Tandem Diesel Tractors $104,870.00 Sludge Aerator/Composter 182,858.00 Rubber Tired Loader 55,465.00 W & W International Inc., South Bend, IN Midwest Brown Bear Pontiac, Illinois A. H. Choitz & Co., Inc., South Bend, IN Mrs. DeClercq stated that the project engineers are reviewing the bids received for aluminum dump trailers and high flotation chassis and sludge applicators and they will advise the Board at their next meeting of their recommendation regarding those items. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 3-1989 was adopted and the bids as indicated above were approved and awarded and the appropriate bid documents were executed: RESOLUTION NO. 3-1989 RESOLUTION INDICATING SUPPORT OF CONTRACT AWARD EPA PROJECT C181115 On December 12, 1988, bids were received for South Bend Wastewater Treatment Plant Improvements under EPA Project C181115. The following are the low, responsive, responsible bidders for the project: W 0 REGULAR MEETING JANUARY 23, 1989 BID DIVISION Contract I Contract II Contract III Equipment BIDDER PROPOSED BID AMOUNT FOR AWARD $16,040,000.00 Hagerman Construction (total for Contracts Corporation, Fort, I, II and III) Wayne, Indiana Tandem Diesel Tractors $104,870.00 W & W International Inc., South Bend, IN Aluminum Dump Trailers 46,530.00 Fruehauf Corporation South Bend, IN High Flotation Chassis 187,100.00 AG -Chem Equipment, Sludge Applicator Inc., Minneapolis, MN Sludge Aerator/Composter 182,858.00 Midwest Brown Bear Pontiac, Illinois Rubber Tired Loader 55,465.00 A. H. Choitz & Co., Inc., South Bend, IN It is the intent of the Board of Public Works of South Bend, Indiana to award contracts for this project to the bidders shown above in the amounts indicated. By resolution, passed by the Board of Public Works at a meeting this 23rd day of January, 1989 s/Katherine Humphreys s/Patricia E. DeClercq Attest: s/Sandra M. Parmerlee, Clerk RDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - CHERRY STREET IMPROVEMENT PROJECT Mrs. DeClercq advised that Walsh & Kelly, Inc., 24358 State Road 23, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the Contract amount for the above referred to project be increased by $1,029.36 for a new Contract sum including this Change Order in the amount of $54,533.26. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved and the appropriate three-year Maintenance Bond was accepted for filing as submitted. APPROVE CHANGE ( APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - ONE (1) STEEL TRACKED BULLDOZER FOR USE BY DIVISION OF ENVIRONMENTAL SERVICES, BUREAU OF SEWERS In a letter to the Board, Mr. Robert Kruszynski, Manager, Bureau of Sewers, requested that the Board advertise for the receipt of bids for one (1) steel tracked bulldozer to be used by the Division of Environmental Services, Bureau of Sewers. Mr. Kruszynski stated that this item was approved in the 1989 budget. The bulldozer will be used at the Sludge Farm to prepare new fields. The proposed bid will not reflect a trade-in, since this is an additional piece of equipment. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the request was approved. APPROVE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT - SOUTH GATEWAY IMPROVEMENT ASSOCIATION Mrs. DeClercq advised that pursuant to Board of Public Works approval of the request of the South Gateway Improvement 1 1 1 19 REGULAR MEETING JANUARY 23, 1989 Association on December 13, 1988 to place thirty-seven (37) trash receptacles at various locations on public right-of-way on Michigan and Main Streets, the City Attorney's office has prepared the appropriate Indemnification and Hold Harmless Agreement which the South Gateway Improvement Association has now" signed and returned to the Board for approval and execution. Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Indemnification Agreement as submitted was approved and executed. REQUEST OF NORTHERN INDIANA CHAPTER OF MARCH OF DIMES BIRTH DEFECTS FOUNDATION TO CONDUCT ANNUAL WALK AMERICA - APRIL 22 1989 - REFERRED In a letter to the Board, Ms. Diana M. Dolde, March of Dimes Birth Defects Foundation, Northern Indiana Chapter, 833 Northside Boulevard, P.O. Box 23, South Bend, Indiana, requested permission to conduct the 19th Annual WalkAmerica on Saturday, April 22, 1989. Ms. Dolde submitted with the request a new route which has been developed which is shorter and removes some of the problem areas from the past. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. FILING OF APPLICATIONS FOR BIDDER QUALIFICATION Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, applications submitted by the following companies were accepted for filing and referred to the Affirmative Action Review Committee for review and recommendation: 1. Peerless -Midwest, Inc. 2. Layne Western Company, Inc. 51255 Bittersweet Road 5800 Foxridge Drive Granger, IN 46530 P.O. Box 383 Mission, Kansas 66201 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of eighty-two (82) properties cleaned from January 9, 1989 to January 13, 1989 was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. APPROVE CLAIMS Chief Deputy Controller John D. Leisenring, submitted Claim Docket No. 3057 through Claim Docket No. 3466 and recommended approval. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the claims were approved and the report as submitted was filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the meeting adjourned at 9:56 a.m. Jo n E. Lesz6czLynnski V 40 Patp' E. DeCler , ATTT rine Sandra M. Parmerlee, Clerk