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HomeMy WebLinkAbout10/14/85 Board of Public Works MinutesREGULAR MEETING OCTOBER 14, 1985 The regular meeting of the Board of Public Works was convened at,; 9:30 a.m. on Monday, October 14, 1985, by President John E. Leszczynski, with Mr. Leszczynski, Ms. Katherine G. Barnard and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE -MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Barnard, seconded by Mr. Vance, and carried, the minutes of the October 7, 1985, regular meeting of the Board were approved. OPENING OF BIDS - L.W.W./LA SALLE INTERSECTION IMPROVEMENT CT ThiE 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: ZIOLKOWSKI CONSTRUCTION, INC. BID: $9,708400 Box 1106. South Bend, Indiana 46624 Bid was signed by Ben.Ziolkowski, President and Roberta Ziolkowski, Secretary, Non -Collusion Affidavit was in or -der and a 5% Bid Bond was submitted. MC INTYRE & JONES CONSTRUCTION BID: $11,210.00 COMPANY, INC. 2526 West 6th Street Mishawaka, Indiana 46544 Bid was signed by Kenneth A. McIntyre, President and Dorothy McIntyre, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. KASER-SPRAKER .CONSTRUCTION, INC. BID: $12,815.00 2 5 4 8 7 ,We7 st State _Road 2 P.O. Box 3605 South Bend, Indiana. 46619 Bid was signed by Gary L. Spraker, President and Daniel H. Kaser,-Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. L.L. GEANS & SONS, INC. BID: $9,562.00 1721 North Home Street Mishawaka, Indiana 46545 Bid was signed by Rocky R. Geans, Presi.dent.and Linda M. Geans, Secretary, Non -Collusion Affidavit was in order and a Cashier's Check tin- the amount: of $478.10 .was _submitted. RIETH-RILEY CONSTRUCTION BID: $12,779.80 COMPANY, INC. P.O. Box 1775 24355 SR 23 South Bend, Indiana Bid was signed by Richard A. Jankowski, Area Manager, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. REGULAR MEETING WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana''46614 Bid was signed by -Thomas 0. Quinn, Assistant Secretary, order and a 5% Bid Bond was OCTOBER 14, 1985 BID: $9,106.50 Walsh, -President and John,-.&. Non -Collusion Affidavit was in - submitted. Upon a motion made by Mr. Leszczynski seconded by_Mr. Vance and carried, the above bids were referred to --the Engineering Department for review and recommendation. FILING OF PETITION FOR DISANNEXATION OF REAL ESTATE FROM THE CITY OF SOUTH BEND (INW'OOD ROAD) Mr. Leszczynski advised that Mr. Warren E. McGill, Barnes & Thornburg,600'lst-Source Bank Center,-100 North Michigan Street, South Bend, Indiana,''Counsel for Petitioner, Indiana Franklin, Realty, Inc.,_by Mr. R.C:°Menge, Vice -President, submitted to the Board" for` � f iling'' a Petition for Disann'exation� of Real Esta.te;,fxom the City of South Bend. _ The Petition states that Indiana Franklin Realty, Inc. is the owner of one -hundred percent (100%) of the real-estate annexed to the City of South Bend by Ordinance No. 7446-85 which was passed by the Common Council on May 13, 19,85:and which realty -is. situated in Penn Township-, St. Joseph -County, and is_adjacen,t.to, and contiguous with the corporate boundaries. -of . the City.; of South - Bend and more particularly described as follows: A parcel of land located in the SW 1/4 of Section 20, T 37N R 3E, St. Joseph County, Indiana, more particularly described as follows: Beginning at the SE corner of the SW 1/4.of Section 20, T 37N R 3E of the Second Prinicipal Meridian.; -thence S 89 37'07"W along the present city limits a distance of 1200.00 feet;' thence N 00 04128" E along the present city limits a distance of 899.16 feet; thence East along the present city limits a distance of 61.31 feet; thence North along the present city limits a distance of-435.60 feet thence East a-longthe present city limits a distance of 1140.38 feet; thence S 00 04128" W a distance of 1326.77 feet to the Point of Beginning, containing 36.07 acres more or less. Pursuant to the provisions of Indiana Code 36-4-3-17, Indiana Franklin Realty included as part of the Petitionea plat of:the territory sought to be disannexed. It was noted that-the'real estate concernedInthis-Petition .was - originally annexed to the City for the purpose of the construction and use thereon of a garden apa'rtment.-complex but` the Common Council failed to approve) -an _ordinance to zone such real estate to-permit=such use under -applicable zoning ordinances and by virtue thereof; it is not possible to legally accomplish the purposes and objectives of such annexation. Therefore, Indiana Franklin Realty, Inc., requests the Board to disannex all of the land covered by the Petition as described from the boundaries of the City of South Bend, in order that after such disannexation such land will be located outside of.the boundaries of the City of South Bend. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Petition as submitted was accepted for filing. �7 1 r e) 5 REGULAR MEETING OCTOBER 14, 1985 APPROVE AGREEMENT WITH MEAD DATA CENTRAL FOR SUBSCRIPTION TO THE LEXIS COMPUTER -ASSISTED LEGAL RESEARCH SERVICE (CITY ATTORNEY'S OFFICE) Submitted to the Board for approval was an Agreement fora subscription to the,Lexis Computer -assisted legal research_ service between Mead Data Central, a division .of the Mead Corporation,..9333 Springboro Pike, Miamisburg, Ohio (mailing address: P.O. Box 933, Dayton, Ohio) and the "City of South Bend. Assistant City Attorney Eugenia S. Schwartz was present and advised the Board that the service will.allow the City Attorney's office to continue to provide high quality legal service to the various City Departments and Bureags.,,She further advised that the St. Joseph County Bar Association currently has a contract for this service but the City, as a governmental agency, can receive a lower.rate by..e.ntering into its own.contract rather than through the Bar Association contract. She stated that the service will provide quick access to a wide range of statutes and legislation. The -hardware is to be installed.within the month with training of the City Attorney's staff to also commence shortly. In response to questions, Ms. Schwartz advised that the cost of the hardware is approximately $2,700.00 in addition to the monthly fee of $50.00 per location.(only one (1) terminal/ location is proposed), as well as the.cost-assessed each month based on the number of searches conducted; which would be approximately $250.00. Submitted with, and as part of the Agreement referred to above, was a Notification of Changes to the Mead Data Central, Inc Government Subscription Agreement and the Lexis/Nexis Addendum for Customer--Provided.Equipment. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Agreement, which includes the supplemental documents mentioned above, was approved and executed. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1237 VAN BUREN In accordance with the bid awarded.on August'26, 1985, for the purchase of the City -owned lot at 1237 Van Buren in the amount of $30.00, to Mr..Richard Chambliss, 1243 Van Buren, South Bend, Indiana, the Purchase Agreement was being submitted at this time for Board approval. Upon a motion made. by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Purchase Agreement was approved and the matter referred to the City Attorney's office for drafting"of'the appropriate Quit -Claim Deed. Mr. Vance voted "nay" on this matter.-' APPROVE REOUEST TO ADVERTISE FOR RECEIPT OF BIDS - FIRE RESTORATION OF FIREHOUSE: THEATRE (CORNER OF PORTAGE, LIND$EY AND LELAND STREETS) In a letter to the Board, Mr. John E. Leszczynski, Director, Public Works, requested that the Board advertise for the receipt of bids for the above referred to.project... Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the request as submitted was approved. In response to a question from South Bend Tribune Reporter James Wensits regarding the insurance claim filed as a result of the fire at the above referred to property, Mr. Vance advised that he is still negotiating with the underwriter and agent and the City Attorney's office is working on the matter. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Ms. Katherine Barnard, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately fourteen (14) abandoned vehicles which are being stored at Steve REGULAR MEETING OCTOBER 14, 1985 & Gene's -Auto & Truck Salvage and Repair, 3109 South Gertrude Street, South Bend, -Indiana. It was noted that all vehicles have been stored more than fifteen (15) days,_identification checks_ had been run ,for auto theft and the owners, and lienholders notified. Upon a motion made by Ms. 'Barnard ,seconded by Mr. Vance and carried,- the.,above request was approved and a date of October,2$., 1.9.85, was established for the receiving and opening ` of sealed' bids . APPROVE CHANGE ORDER8,NO....-1 (FINAL,)_ AND PR,OJECT COMPLETION AFFIDAVITS.- 1. WESTERN.AVENUE -PARKING LOTS PROJECT 2. RECONSTRUCTION IR'ST OF:ROOF OF FE�ATION NO.'3 (1805 MC RINLEY AVENUE 3 NAPIER.AND.WAYNE CURB AND WALK IMPROVEMENTS -PROJECT 4. SOUTH STREET CURB IMPROVEMENTS PROJECT Mr. Leszczynski advised that the following.Contractors have submitted Change orders -No. 1 (Final) and Project Completion Affidavits for the following projects: 1. WESTERN AVENUE PARKING LOTS PROJECT CONTRACTOR: Geyer Construction &. Development Company 67475 Kenilworth Road Lakeville, Indiana INCREASE: $218.57 NEW CONTRACT AMOUNT INCLUDING C.O.: $45,207.07 It was noted that there were changes in eleven (11) contract items bringing about the final increase as stated above. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the Change Order and Project Completion Affidavit were approved and executed. 2. RECONSTRUCTION OF ROOF OF FIRE STATION NO. 3 (1805 MC KINLEY AVENUE) CONTRACTOR:' Midland Engineering Company 52369 U.S. 33 North _ South Bend,.Indiana INCREASE: $.1,775.00 _,_NEW CONTRACT AMOUNT INCLUDING C.O. $19,311.00 Mr. Leszczynski advised that the increased cost is due to the fact that the roof was found to have rotted_ decking, rafters, beams fascia boards and soffits on the west side which required replacement. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Change Order and Project Completion Affidavit were approved and executed. 3. NAPIER AND WAYNE CURB AND WALK IMPROVEMENTS CONTRACTOR: McIntyre & Jones Construction Company,:Inc. 2526 West 6th Street Mishawaka, Indiana 46544 INCREASE: $11,000.10 NEW CONTRACT AMOUNT INCLUDING C.O.: $54,447.60 It was_.noted that there were changes in eight (8) contract items result fig''in the increase,, stated above.. The -Change Order stated that the -increase was a result of additional areas that required repair in the project area, removal :of a tree.and stump as well as a concrete freight chute in the sidewalk requiring repair prior to walk and curb repairs on the southwest corner of Chapin and Napier. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the Change Order and Project Completion Affidavit were approved and executed. 1 REGULAR MEETING OCTOBER 14, 1985 4. SOUTH STREET CURB IMPROVEMENTS PROJECT CONTRACTOR: L.L. Geans & Sons, Inc. 1721 North Home Street Mishawaka, Indiana 46545 INCREASE: $2,486.20 NEW CONTRACT AMOUNT INCLUDING C.O.: $58,538..70 The Change'Order'stated that changes in six (6) contract items were necessitated as'additional areas that required repair in'the project area were added as well as removal of a tree whose roots were damaging curb and walk. Upon a motion made by Ms. Barnard, seconded by Mr. Leszczynski and carried, the Change Order and Project Completion Affidavit were approved and executed. It was additionally noted that approval of the above Change Orders and Project Completion Affidavits were subject to the filing of the'appropriate'three-year Maintenance Bonds. In lieu of a Maintenance Bond, Midland Engineering Company provided a`Ten Year Roofing Guarantee for the reconstruction of the roof of Fire Station No. 3. AWARD BID =-`PARKING LOT WALKWAYS AND PLANTERS PROJECT In a letter to the Board`, Mr. Neil A. Shanahan, Manager, Bureau" of Public Construction recommended that the Board award the bid of Ziolkowski Construction, Inc., 1005 South Lafayette, Box 1106, South Bend, Indiana, in the amount of $47,890.00 for the above referred to project. Mr. Leszczynski advised that bids for the project were opened by the Board on October 7, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the bid awarded. APPROVE TITLE SHEET - FIRE RESTORATION OF FIREHOUSE THEATRE (CORNER OF PORTAGE, LINDSEY AND LELAND STREETS) 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 Ms. Barnard --and carried, the above referred to Title Sheet was approved and signed. APPROVE REQUEST OF UNITED STATES ARMY RECRUITING TO CLOSE WALL STREET FOR PARACHUTE TEAM AIRBORNE JUMP - OCTOBER 22, 1985 Mr. Leszczynski advised that the United States Army Recruiting Station, 125 South Hill, South Bend, Indiana, requested that Wall Street between Twyckenham and Greenlawn be closed off on October 22, 1985 from 8:45 a.m. to 9:45 a.m. for the Golden Knight Army Parachute Team Airborne jump into John Adams High School practice football field. He further advised that this request has been reviewed by the Bureau of Traffic and Lighting and the Police Department Traffic Division and they recommend approval. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the recommendation was accepted and the request approved. APPROVE RELEASE OF CONTRACTOR'S BOND Mr. Melvin Humphrey, Engineering Department, recommended that the Contractor's Bond for Garden Homes by E.L., Inc., be released effective October 14, 1985. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the above Contractor's Bond was released. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one -hundred thirty-six (136) properties cleaned from REGULAR MEETING OCTOBER 14, 1985 October 7, 1985 to October, 11, 1985 was.submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Barnard and carried, the report as submitted was filed. FILING OF HUMANE SOCIETY REPORT - SEPTEMBER. The Humane Society.report--.for the month of September indicated the following matters_ handled for the City of South Bend: DOGS HANDLED: 278 CATS HANDLED: 299 OTHER ANIMALS HANDLED: 77 BITE CASES HANDLED: 17 COMPLAINTS HANDLED:. 203 Upon a motion made by Mr. Leszczynski,.seconded by Ms. Barnard and carried, the above report as submitted was accepted and filed. APPROVE CLAIMS Deputy City Controller. Carol M. Sanders submitted Claim Docket No. 22.740 through Claim Docket No. 23429 and recommended approval. Upon a motion made by Mr. Vance,.seconded by Ms. Barnard and carried, the claims were approved and the report filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the meeting adjourned at 9:55 a.m. CJ0 n E. Leszczy s Katherine G. Barnard • h Michael L. Vance ATTEST: Sandra:;M. Parmerlee, ;,Clerk 1