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HomeMy WebLinkAbout04/01/74 Board of Public Works MinutesREGULAR MEETING APRIL 1, 1974 A regular meeting of the Board of Public Works was convened at 9:30 a.m, on Monday, April 1, 1974 with all members present. City Attorney James A. Roemer was also present. Minutes of the previous meeting were reviewed and approved. OPENING OF BIDS - BUREAU OF STREETS MATERIALS This was the date set for receiving bids for materials for the Bureau of Streets for 1974. 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: Rose Fuel & Materials, Inc. 513 E. Madison Street South Bend, Indiana BID - 3,000 Bags Portland Cement @ $2.15 Bituminous Materials Co., Inc. 215 Swihart St. Columbia City, Indiana Bid was signed by Paul M. Lehner, Jr., non -collusion affidavit was in order, and a certified check accompanied the bid. $6,450.00 Bid was signed by Thomas L. Kelly, non -collusion affidavit was in order and a 10% bid bond accompanied the bid. BID - 600,000 gal. or less Emulsified Asphalt @ .4000 per gallon $240,000 The bid contained an escalator clause Rieth Riley Construction Co. Bid was signed by Richard D. Ruhlman, South Bend, Indiana non -collusion affidavit was in order, and a 10% bid bond accompanied the bid. BID - 10,000 Ton HAC Surface -Stone @ 11.20 $112,000.00 10,000 Ton HAC Sur -face -Slag @ 12.40 124,000.00 1010000 HAC Binder- #8 or #9 @ 8.80 88,000.00 2,500 Ton HAC Binder- #11 @ 9.95 242875.00 5,000 Ton HAE Sand Surface -IV @ 14.95 74,750.00 5,000 Ton HAC Sand Surface -IV @ 11.80 592000.00 5,000 Ton HAE Surface -Spec. @ 16.30 812500.00 5,000 Ton HAC Slag Surface @ 13.20 66,000.00 1,000 Ton Bit. Patch. Mat. @ 12.80 12,800.00 Wanatah Trucking Co. Wanatah, Indiana BID - 8,000 Ton Stone @ 3.50 Emulsified Asphalts, Inc. Chicago, Illinois Bid was signed by Roger A. Hutton, non -collusion affidavit was in order, and a 10% bid bond accompanied the bid. $28,000.00 Bid was signed by D.L. White, non - collusion affidavit was in order, and a 10% bid bond accompanied the bid. BID- 600,000 Gal. Emulsified Asphalt @ 0.3715 $222,900.00 Eckler-Lahey Lumber Co. Bid was signed by James H. Lahey, non - South Bend, Indiana collusion affidavit was in order and a certified check accompanied the bid. BID - 900 Sacks Portland Cement @ 2.17 $1,953.00 The bid contained an escalator clause effective June 11 1974 Westville Oil Company Bid was signed by Andrew Carson, Westville, Indiana non -collusion affidavit was in order and. 10% bid bond accompanied the bid. BID - 150,000 gals. Road Oil $0.099 per gal. $14,850.00 South Bend Sand C Gravel Corp. Bid was signed by Charles R. Bratina, South Bend, Indiana non -collusion affidavit was in order, and a 10% bid bond accompanied the bid. Bid - 2,000 Ton Fine Aggregate 14-1 or 14-2 $1.05 $2,100.00 1 am REGULAR MEETING APRIL 1, 1974 Kuert Concrete, Inc. Bid was signed by Charles Bratina, South Bend, Indiana non -collusion affidavit was in order and a 10% bid bond accompanied the bid. BID - 300 Yds. Class A Limestone Concrete @ 21.95 $6,585.00 300 Yds, Class A Slag Concrete @ 21.45 6,435.00 150 Yds. Class B Li.mestone Concrete @ 20.45 3,067.50 150 Yds. Class B Slag Concrete @ 19.95 2,992.50. Above prices firm through July 31, 1974. 300 Yds. Class A Limestone Concrete @ 22.55 300 Yds..Class.A Slag Concrete @ 22.05 150 Yds. Class B-Limestone Concrete @.20.95 150 Yds. Class B Slag Concrete @ 20.45 Above prices firm through December 31, 1974. Walsh & Kelly, Inc. South Bend, Indiana Bid was signed by .David G. Goodwin non -collusion affidavit was in order and 10% bid bond accompanied the bid. Bid - 10,000 Ton HAC Surface -Stone @ 11.30 10,000 Ton HAC Surface -Slag @ 12.55 10,000 Ton HAC Binder-#8 or #9 8.95 2,500 Ton HAC Binder - #11 @ 10.05 5,000 Ton HAE Sand Surfave-IV 14.80 5,000 Ton HAC Sand Surface -IV 12.00 5,000 Ton Slag Surface -Spec 16.10 5,000 Ton HAC Slag Surface-Specl3.55 150 Ton Bit. Mat. Tack 120.00 1,000 Ton Bit. Patch. Mat. 12.30 The bid contained an escalator clause. $113,000.00 125,500.00 89.500.00 25,125.00 74,000.00 6o,000.00 80,500.00 67,750.00 18,000.00 12,300.00 St. Joseph Materials Co., Inc. Bid was signed by Wayne E. Hatchett, South Bend, Indiana non -collusion affidavit was in order and a 10% bid bond accompanied the bid. BID - 22,000 Ton Min. Aggregate -Slag @ 3.75 $7,500.00 5,000 Ton C. Aggregate #73 @ 1.25 62250.00 8,000 Ton Crse. Aggregate #9 Spec. @ 1.75 14,000.00 23,000 Ton Fine Aggregate #14-1 or 14-2 @ 1.00 2,000.00 8,000 Ton Crse. Aggregate -Crusher Run 7/16 @ 3.25 265,000.00 300 CY Ready. Mix Concrete @ 21.70 6,510.00 150 CY Ready Mix Concrete @ 19.70 2,955.00 Western Materials Co. Bid was signed by R. F. Kepler, non - Lafayette, Indiana collusion affidavit was in order and a 10% bid bond accompanied the bid. BID - 5,000 Ton C. Aggregate #73 @ 1.30 $6,500.00 82000 Ton Crse. Aggregate #9 Spec. @ 1.75 141,000.00 2,000 Ton Fine Aggregate #14-1 or 14-2 @ 0.90 1,800.00 Upon motion made, seconded and carried, the bids were referred to Mr. Decker, Director Division of Transportation, for review and recommendation. HEARING ON ASSESSMENT ROLL - CAMBRIDGE DRIVE SEWERS This being the date set, hearing was held on Assessment Roll No. 2969 for the construction of a sewer in the Crest Manor Subdivision from Miami Road to Kindig Drive at the rear of the north side of Cambridge Drive, authorized under Improvement Resolution No. 3386, 1973, adopted by the Board on October 15, 1973. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. There were no remonstrators present and no written remonstrances having been received, the Board, upon motion made, seconded and carried, confirmed the Assessment Roll adopted by the Board on the 18th day of March, 1974. REGULAR MEETING HEARING ON VACATION RESOLUTION NO. 3396, 1974 APR I L 1. 1974 This being the date set, hearing was held on Vacation Resolution No. 3396, 1974 for the vacation of the north -south alley along the Penn Central Railroad south from Calvert Street to the first east -west alley between the Penn Central Railroad and Main Street, as well as the vacation of the first east -west alley south of Calvert.Street between the Penn Central Railroad and Main Street, City of South Bend. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. John Obenchain, Attorney for the petitioners, was present. Mr. Obenchain said there was an error in the legal description of the vacation. He said the original petition filed asked only for the vacation of the north -south alley from the northwest corner of Lot 35 to the north corner of Lot 34. Mr. Roemer said it was his opinion that the legal advertising was sufficient since it covered more than the petitioners were requesting and he said the Board could properly amend the resolution. Mr. Obenchain agreed. Upon motion made, seconded and carried, the Board amended the Vacation Resolution to read "for the vacation of the north -south alley along the Penn Central Railroad north from the northwest corner of Lot 35 to the northwest corner of Lot 34, as well as the vacation of the first east -west alley south of Calvert Street between the Penn Central Railroad and Main Street, City of South Bend'.'. There being no remonstrators present and no written remonstrances having been filed, upon motion made, seconded and carried, the Board ratified and confirmed Vacation Resolution No. 3396 as amended, and the said alleys are vacated. The City Engineer is directed to prepare an assessment roll showing the award of damages and the assessment of benefits to the surrounding properties. CONFIRMATION OF IMPROVEMENT RESOLUTION NO. 3392, 1974 This was the date set for receiving written comments regarding Improvement Resolution No. 3392, 1974 for the improvement of the Portage Gardens Subdivision by constructing a local sewer. A written remonstrance was received from Mr. Reed, Mr. Holmes and Mr. DeBoe. A written approval of the project was received from Mr. & Mrs. George Bare. Upon motion made, seconded and carried, the Board con- firmed Improvement Resolution No. 3392, 1974 as adopted on February 4, 1974, and the improvement is hereby ordered to be made. REQUEST FOR BIDS APPROVED - BUREAU OF STREETS VACUUM LEAF LOADERS The Board received a request from Donald L. Decker, Director, Division of Transportation, to advertise for bids for four vacuum type leaf loaders. Specifications were submitted with the request. Upon motion made, seconded and carried, the Board approved the request and directed the Clerk to advertise for bids on April 5 and April 12, 1974, with bids to be received at 9:30 a.m. on April 15, 1974. FILING OF ASSESSMENT ROLL - VACATION RESOLUTION NO. 3395, 1974 Rollin E. Farrand, City Engineer, files an Assessment Roll showing the award of damages and assessment of benefits in Vacation Resolution No. 3395, 1974 for the vacation of the north -south alley between Carroll and Columbia Streets, from Bronson Street south one hundred thirty-nine (139) feet, City of South Bend. The following property may be injuriously or beneficially affected by such vacation: Lots A, B, C, D, E, H, I, K, L, and M of Sample's Sub., of Lots 26, 27 and 28, Denniston & Fellows Addition. Total Net Benefits $0.00 Total Net Damages $0.00 Upon motion made, seconded and carried, the Board adopted the Assessment Roll and set 9:30 a.m. on May 6, 1974, Room 1308, County -City Building, South Bend, Indiana as the date and place of hearing all persons interested in or affected by such vacation. 1 1 1 REGULAR MEETING ADOPTION OF VACATION RESOLUTION NO. 3398, 1974 APRIL 1, 1974 Upon motion made, seconded and carried, the following resolution was adopted by the Board: VACATION RESOLUTION NO. 33982 1974 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, That it is desirable to vacate the following: A portion of Chippewa Avenue from the west line of Miami Hills Addition southwest and west a distance of 765.07 feet, all in the property of the First Community Development Corporation. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana, to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of C way, unless such rights are released by the individual Utilities. C� The following property may be injuriously or beneficially affected by such vacation: The southerly portion of that property owned by First Community Development Corporation. Notice of this Resolution shall be published on the 5th and l2th day of April, 1974 in the South Bend Tribune and the Tri-County News. This Board, at its office, on teh 29th day of April, 1974 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 1st day of April, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome ATTEST: s/ Patricia DeClercq, Clerk ADOPTION OF VACATION RESOLUTION NO. 33991, 1974 Upon motion made, seconded and carried, the Board adopted the following resolution: VACATION RESOLUTION NO. 3399, 1974 RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA, THAT it is desirable to vacate the following: A 14' alley extending from the north line of Mishawaka Avenue north along -and immediately west of the west line of Lot 715 in Whitcomb and Keller's Sunnymede Third Addition to northwesterly corner of said Lot 115. Thence northeasterly along and immediately northerly of the northerly line of Lot Nos. 715, 716,717, 718, 719, 720, and 721 in said Addition to the northeast corner of said Lot 721 and the west line of the first north -south alley. Reserving the rights and easements of all Utilities and the Municipal City of South Bend, Indiana to construct and maintain any facilities, including, but not limited to, the following: electric, telephone, gas, water, sewer, surface water control structures and ditches, within the vacated right of way, unless such rights are released by the individual Utilities. REGULAR MEETING APRIL 1, 1974 The following property may be injuriously or beneficially affected by such vacation: Lot Nos. 714, 715, 716, 717, 718, 719, 720 and 721 in Whitcomb and Keller's Sunnymede Third Addition, City of South Bend, Indiana. Notice of this Resolution shall be published on the 5th and l2th day of April, 1974 in the South Bend Tribune and in the Tri-County News. This Board, at it soffice, on the 29th day of April, 1974 at 9:30 o'clock, A.M., will hear and receive remonstrances from all persons interested in or affected by these proceedings. Adopted this 1st day of April, 1974. BOARD OF PUBLIC WORKS s/ Roblin E. Farrand s/ James R. Seitz s/ James V. Barcome ATTEST: s/ Patricia DeClercq, Clerk PROJECT CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - TWYCKENHAM CURB INSTALLATION The Board received a Change Order for the Twyckenham Drive Curb Installation, which increased the contract by $831.25. The Change Order was to remove broken walk, provide drainage in the walkway area and replace the walkway. Upon motion made, seconded and carried, the Board approved the Change Order. The Project Completion Affidavit for the Twyckenham Drive Curb Installation was received by the Board. Upon motion made, seconded and carried, the Completion Affidavit was approved. AGREEMENT WITH LAWSON ASSOCIATES APPROVED - SOUTH BEND DAM The Board received an agreement with Lawson Associates for Engineering Services and Inspection of the South Bend Dam between the Colfax and Jefferson Street Bridges. Mr. Roemer informed the Board that he had reviewed the agreement and was recommending approval. Upon motion made, seconded and carried, the Board approved the agreement with Lawson Associates for Engineering Services, not to exceed $37,500, subject to the approval of funds from Revenue Sharing. RECOMMENDATION FROM BUREAU OF TRAFFIC AND LIGHTING RE: MIAMI HILLS APARTMENTS Mr. Eugene Radecki had written to the Board requesting City services, such as snow removal, street lighting and bus service for the Miami Hills Apartment Complex. The matter was referred to the Bureau of Traffic and Lighting for review and the following recommendation was received: "A request by Eugene Radecki of the Miami Hills apartment complex for City services on High Street south of Ridgedale was referred to this Bureau. No record could be found of dedications of this street to the City. In the absence of such dedication, services such as snow plowing, traffic signage, street lighting, etc. are not rendered by the City. Mr. Radecki was contacted by phone and so informed. Also, he was informed that requests for bus service usually come from the residents of an area and are directed to the P.T.C. by them. s/ Clem Hazinski, Manager Upon motion made, seconded and carried, the Board ordered the recommendation filed. �j 9 REGULAR MEETING APRIL 1, 1974 RECOMMENDATION FROM JAMES A. ROEMER RE: NEWS VENDING STANDS The matter of news vending stands,on city sidewalks had been referred to the City Attorney for review. The following report was received by the Board: "To: Board of Public Works From: James A. Roemer, City Attorney Subject: Permits for Sale of Newspapers Section 18-15 of the Municipal Code of the City of South Bend requires that anyone using a sidewalk as a place of business or for any commercial purpose (this would include the placing of newsstands on streets) obtain a permit from the Board of Public Works, and indemnify the City from all liability as a consequence of granting such permit. The cost of the .permit is $10.00. It is my recommendation that all newspapers without exception obtain these permits within the next thirty days in order to comply with Section 18-15. This should apply not only to the Socialist Labor Party but to the South Bend Tribune and any other newspapers that wish to place stands upon public sidewalks. Cc CT� If the newspaper does not comply within the thirty -day period of:time, s� it would be my recommendation that these stands be removed from the public sidewalks. I am taking the liberty of providing a copy of this letter to Attorneys Louis Chapleau and Thomas Singer who have respectively represented the South Bend Tribune and the American Socialist Labor Union. Their comments would be appreciated. Hopefully, all parties will agree to cooperate with the ordinance by applying for the permit since it would seem to me that the permit is a reasonable method of protecting the public against the placement of improper stands and objects upon public sidewalks, contrary to the safety and convenience of pedestrians and motor traffic. s/ James A. Roemer City Attorney cc: Louis C. Chapleau, Attorney at Law Thomas H. Singer, Attorney at Law " The Board members concurred with Mr. Roemer's recommendation in this matter and all such vending machines will require permits and the filing of liability insurance. Upon motion made, seconded and carried, the recommendation was ordered filed. REQUEST TO SELL POPPIES APPROVED The Board received a request from American Legion Auxiliary, Unit No. 50, through the President Joyce Chrapliwy, for permission to sell veteran -made poppies on the streets in South Bend on May 17 and 18. Upon motion made, seconded and carried, the request was approved. TITLE SHEET AND PLANS APPROVED - SUMMIT DRIVE SEWER The Board received the Title Sheet approving plans for the Summit Drive sewer to be constructed by the Colpaert Realty Corporation. The City will also inspect the finished sewer construction before it is accepted. Upon motion, made, seconded and carried, the Board signed the title sheet approving the plans. REQUEST FOR EASTER SEAL DRIVE APPROVED The Board received a recommendation from the Bureau of Traffic and Lighting that the request from the 150th Field Artillery to solicit funds for the Easter Seal Drive on April 6 and 7, 1974 has been reviewed. Mr. Hazinski said there have been no problems with this drive in the past. They have contacted Sgt. Bean of the National Guard and cleared a list of intersections with him. Mr. Hazinski recommended approval. Upon motion made, seconded and carried, the Board approved the request for the Easter Seal Drive. M REGULAR MEETING APRIL 1, 1974 Upon motion made, seconded and carried, the following Resolution was adopted: IMPROVEMENT RESOLUTION NO. 3400, 1974 BE IT RESOLVED, by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve -*+ Oak Park Drive and Edison Road from Oak Ridge Drive to Ironwood Road by constructing local sanitary sewers 8" diameter. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvement approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon final adoption and confirmation of this Resolution and placed on file in the office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs such as advertising and engineering, shall be assessed.upon the real estate abutting on said improvement, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal installments, with interest at the rate of six (6) per cent per annum. The 15th day of April, 1974 at the hour of 9:30 a.m., o'clock, Local Time, is hereby fixed as the time and the Board of Works Hearing Room as the place when and where all persons whose property may be affected by such proposed improvement, may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property, and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications, of the time and place of hearing of this resolution. Adopted April 1, 1974. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome Notice of Hearing Published On April 5 and April 12, 1974 s/ Patricia DeClercq, Clerk of the Board IMPROVEMENT RESOLUTION NO. 3401, 1974 ADOPTED Upon motion made, seconded and carried, the following Resolution was adopted: IMPROVEMENT RESOLUTION NO. 3401, 1974 BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that it is deemed necessary to improve Oak Park Drive and Rosemary Lane by constructing 6' and 8' diameter water mains. The same to be done in accordance with the profiles, drawings, general details and specifications for such improvement approved and to be adopted by the Board of Public Works of the City of South Bend, Indiana, immediately upon the final adoption and confirmation of this resolution, and placed on file in the office of the Board of Public Works of said City, and such improvement is now ordered. The total cost of said improvement, including all incidental costs such as advertising and engineering, shall be assessed upon the real estate abutting on said improvement, in accordance with applicable statutes. The said improvement is to be financed and paid for as provided in Chapter 40, of the Acts of 1953, as amended (1971 I.C. 18-6-3). Assessments, if deferred, are to be paid in five (5) equal installments, with interest at the rate of six (6) per cent per annum. 1 1 1 REGULAR MEETING APRIL 1, 1974 F-J 1 1 The 15th day of April, 1974 at the hour of 9:30 A.M. o'clock, Local Time, is hereby fixed as the time and the Board of Works Hearing Room as the place, when and where all persons whose property may be affected by such proposed improvement, may be heard as to the necessity for the same, and all petitions and remonstrances received. The Board will, on said day, decide whether the benefits accruing to abutting and adjacent property, and to the City of South Bend, Indiana, will be equal to or exceed the estimated cost of said improvement. The Clerk of the Board is hereby ordered to give notice by two weekly publications,.of the time.and place of hearing of this resolution. Adopted April 1, 1974.. BOARD OF PUBLIC WORKS s/ Rollin E. Farrand s/ James R. Seitz s/ James V. Barcome Notice of Hearing Published on April 5 and April 12, 1974. s/ Patricia DeClercq, Clerk of the Board PRELIMINARY ASSESSMENT ROLLS FILED - IMPROVEMENT RESOLUTIONS 3400 and 3401, 1974 Preliminary Assessment Rolls for the sewer construction and the water main construction in the Oak Park area were received and, upon motion made, seconded and carried, filed with the Board. The Assessment Rolls are for the proposed construction authorized by Improvement Resolution No. 3400, 1974 and Improvement Resolution No. 3401, 1974. There being no further business to come before the Board, upon motion made, seconded and carried, the meeting adjourned at 10:35 a.m. ATT T: CLERK s tz