HomeMy WebLinkAbout11/06/1978 Board of Public Works MinutesCam
REGULAR MEETING
A regular meeting of the Board
9:30 a.m. on Monday, November
with Mr. McMahon, Mr. Brunner
Attorney Terry Crone was also
NOVEMBER 6, 1978
of Public Works was convened at
6, 1978 by President Patrick M. McMahon,
and Mr. Mullen present. Deputy City
present.
AGENDA ITEMS ADDED
Mr. McMahon noted that three items were received after the posting
of the meeting agenda and he made a motion that a request from
the St. Joseph County Veterans Commander's Council, an Amendment
to the Lease for the Ceta Offices and a Subgrant Agreement be added
to the agenda at this time. Mr. Mullen seconded the motion and it
carried.
CLOSING OF WASHINGTON STREET APPROVED
The St. Joseph County Veterans Commander's Council submitted a
request to close the south half of Washington Street on Saturday,
November 11 from 10:30 a.m. to 11:45 a.m., for the Annual Veterans'
Day Ceremony at the Monument. Upon motion made by Mr. McMahon,
seconded by Mr. Mullen and carried, the request was approved subject
to coordination of the closing by the Bureau of Traffic and Lighting
and the Police Department Traffic Detail.
AMENDMENT TO LEASE AGREEMENT APPROVED
Elroy Kelzenberg, Director of the Bureau of Manpower and Training,
submitted to the Board an amendmeht-to the lease agreement for
the CETA offices at 320 W. Jefferson. The lease is between the
City of South Bend and Mr. & Mrs. James Nafe. The amendment covers
some minor adjustments made by the lessor at a total cost of $921.12.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the lease amendment was approved.
SUBGRANT APPROVED - ST. JOSEPH COUNTY BUILDING TRADES COUNCIL
Elroy Kelzenberg, Director of the Bureau of Manpower and Training,
submitted to the Board a Subgrant Agreement between the St. Joseph
County Building Trades Council and the Bureau of Manpower and Training.
The agreement is in the total amount of $130,928'and provides services
for thirty individuals for the period 4/1/78 through 3/31/79. Also
participating in the program are Elkhart County and the St. Joseph
County CETA program. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the Subgrant was approved.
REVIEW OF MINUTES OF PREVIOUS MEETING
Mr. Brunner reported that the minutes of the October 30 meeting had
been reviewed and he made a motion that the minutes be approved as
submitted. Mr. Mullen seconded the motion and it carried.
REPORT ON POLICE RADIO BIDS TABLED
Division Chief Glenn Terry of the Police Department was present and
requested a one -week delay in the report on investigation of the
police radio bids submitted. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the matter was tabled for one
week.
REGULAR MEETING
PUBLIC HEARING - IMPROVEMENT RESOLUTION NO. 3464
NOVEMBER 6, 1978
303
This was the date set for holding a public hearing on Improvement
Resolution No. 3464 for the construction of a sanitary sewer on
Riverside Drive and Riverside Place. 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. McMahon reported
that the City received a petition for sewer construction in this area
a number of years ago. At that time, because a lift station was
required, the project cost under Barrett Law was rather high since the
property owners would have been required to pay for 50% of the
construction of the lift station as well as the sewers. The project
was rejected by the property owners. The City has now received a new
petition for sewer construction in the area and has prepared plans and
specifications in response to that petition. At the present time, the
City is in a position to offer to pay the total cost of the lift
station, which is figured at $19,800 and will also pay 50% of the
cost of the sewer construction. This brings the total project cost
to the property owners down.to approximately $21,223 and that figure
includes the tap cost. Mr. McMahon noted that copies of the Assessment
Roll showing the assessment to each property for the proposed construction
have been distributed to all those present in regard to this matter.
He said if the property owners do not want the project constructed, the
Board will take no further action unless a public health problem
develops in the area. If that should occur, the Board of Health could
request that the Board proceed with the construction to eliminate the
health problem. If fifty -one per cent of the affected property owners
are not in favor of the project, the sewer will not be constructed.
William Voor advised the Board that he is the Attorney for the Hickey
Company, petitioners in this matter. The Company owns a piece of property
they have been unable to develop because of the lack of water and sewers
in the area. Mr. Voor urged the Board to take favorable action on the
project. Joseph Hickey of the Hickey Company stated that the Company
acquired the property in 1973 for the purpose of a development with the
understanding that utilities would be available. When they originally
investigated acquisition of this property, they.contacted the City
Engineer's office and were given to understand that a sewer would be
constructed in the near future. They proceeded on that basis to acquire
the property. They have now abandoned the idea of a development on the
property and have tried to sell the property. They have been unable to
sell the property without giving some assurance that water and sewer
will be available as this is presently a no man's land. They inquired
about a variance to allow them to drill a well and put in a septic system.
The City asked that a petition for the sewer construction be filed.
Mr. Hickey, said the company feels that something should be done to
construct the sewers or grant a variance to allow them to proceed with a
septic system so that they are not penalized by owning a piece of property
with which they can do nothing. Wayne Werts, 1809 Riverside Drive,
said he is an affected property owner listed on the assessment roll
fqr the project. Mr. Werts said he is a professional engineer and is
interested in energy and energy conservation. He submitted to the Board
a remonstrance petition which he said was signed by ten of the affected
property owners. He noted that this is more than one -half of the
owners involved. Mr. Werts then read from articles in the South Bend
Tribune on problems occurring with flooding in some areas of the City
when water mains are flushed and a second article which stated the
favorable aspects of septic systems over sewer systems and which indicated
no incidents of disease traced to properly installed septic systems.
Mr. Werts noted the property owners in the area are very energy- conscious
and want to retain the systems they have, with which they are very
satisfied. Mr. Canfield, 1891 Riverside Drive, said he agreed with
the statements made by Mr. Werts. On behalf of the property owners
remonstrating, Mr. Canfield suggested that a variance be granted to
Mr. Hickey in order that he does not have a wasted property. He said
the property owners in the area are happy with the systems they have.
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REGULAR MEETING
NOVEMBER 6, 1978
These property owners are in the City and pay their taxes but would
like to retain their private systems. Mr. Marti, 1869 Riverside Drive,
asked what effect the sewer system would have on the underground
water table. Pair. McMahon said it would not drain the water table.
Mr. McMahon then said he would take issue with some of the statements
made. There have been instances of disease resulting from septic
systems. This has occurred in other areas of the City and the Health
Department has mandated the installation of sewers. If a health
problem should occur in this area, the Health Department could
require that the Board take action to install the sewers. There is
no guarantee that the City would be in a position, if this should
occur, to partipate by.paying.the total cost of the lift station
and 50% of the sewer costs. The City can make that offer at this time.
Mr. McMahon.noted that the signatures on the remonstrance petition
would be verified by the Engineering Department and the property
owners present should urge anyone not on the petition who wishes to
make his views known to contact the Clerk of the Board. The Board
will not make a decision on the matter until the next regular meeting.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the public hearing was closed and action on the Improvement
Resolution was tabled until Tuesday, November 14.
REQUEST TO SCRAP FIRE DEPARTMENT VEH'ICLE"APPROVED
Fire Chief Oscar Van Wiele requested that the Board approve the
disposition of Fire Department Vehicle 109, which is obsolete and
not repairable. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the request was approved and the Bureau of
Vehicle Maintenance will be asked to arrange for disposition of
the vehicle, a 1968 Ford, #8W50F155348.
FENCE PROPOSAL APPROVED - 915 S. OLIVE STREET
A proposal from the Calho Fence Company to construct a fence at
the Olive Street Pumping Station, 915 S. Olive Street, was submitted
to the Board._ The proposal is in the amount of $4600.00 and provides
for fencing of the yard used for storage of abandoned vehicles which
have been towed. Money for the project is to come from the Junk
Vehicle Fund. Upon motion made by Mr. McMahon, seconded by Mr. Brunner
and carried, the Board accepted the proposal.
PETITION TO VACATE RIVERSIDE DRIVE RIGHT -OF -WAY DENIED
The Bureau of Design and Administration reported to the Board that
the petition of Ted W. Mielke to vacate a portion of the right -of -way
on Riverside Drive was reviewed and the Bureau was recommending that
the petition be denied. It was noted that, if the petitioner wishes
to pursue the matter, it should be recommended that he get all property
owners east of the petitioned property to sign the petition to vacate
and also to agree to the construction of a new sidewalk under Barrett
Law to eliminate any offsets in the property lines or the sidewalk.
The new sidewalk would be required so that a public walkway is not
located on private property. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the recommendation was approved
and the petition denied.
ACCEPTANCE OF BILL OF SALE FOR PROPERTY AT 805 WESTERN AVENUE
A Bill of Sale and Release of Liability for property acquired by
the City of South Bend from the Cities Service Company was submitted
to the Board by David A. Wells, Manager of the Bureau of Design and
Administration. Also submitted was ,a memorandum from Deputy City
Attorney Robert M. Parker advising the Board that he had reviewed
the warranty deeds and the bill of sale and found them in order.
He recommended that the City sign the release of liability attached
to the bill of sale. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the Bill of Sale and Release of Liability
were approved.
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REGULAR MEETING
AGREEMENT WITH SOUTH SHORE RAILROAD APPROVED
NOVEMBER 6, 1978
An Agreement between the City of South Bend and the Chicago, South
Shore and South Bend Railroad was submitted to the Board. The
agreement provides for acquisition of right -of -way by the City
for the proposed Orange - Colfax Connector. The property involved
is located between LaSalle and Colfax, west of LaPorte Avenue.
Upon approval of the agreement by the City and the railroad, a
deed will be prepared. The Agreement has been reviewed by Deputy
City Attorney Terry Crone. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the agreement was approved
and will be transmitted to the railroad for execution.
CENTURY CENTER BILLINGS FILED
Patrick M. McMahon, Director of Public Works, submitted to the
Board a payment summary for all construction contracts through
October 31, 1978. Mr. McMahon noted there is a total of $174,479.10
in payments to be made. Upon motion made by Mr. McMahon, seconded
by Mr. Brunner and carried, the payment summary was filed.
CENTURY CENTER CHANGE ORDERS APPROVED
Patrick M. McMahon, Director of Public Works, submitted to the.
Board the following Century Center change orders:
Contract No. 004 - Concrete, Masonry and Carpentry, H. G. Christman Company
Change Order No. 21 - Deduct $ 555.04 - Deducted for replacement of
damaged fireproofing.
Change Order No. 22 — Deduct 185.20 - Deducted for additional work at
Window Walls by NO. 020
Add 91.68 - Additional work in kitchen area
deducted from No. 008
Deduct 95.00 - Deducted for replacement of door
frame by No. 014
Deduct 188.52
Change Order No. 23 - Add 271.00 – Additional work for revision of
door frames - deducted from No. 014
Add 223.00 - Additional work for revision of
door frames - deducted from No. 014
Add 494.00
Change Order No. 24 - Add 6,343.30 Additional work due to late frame
delivery, deduct from No. 014
TOTAL - Add $6,093.74
Contract No. 005 - Structural Metals..- Haven Busch Company
Change Order No. 12 - Deduct 3,000.00 - Reworking of Skylight added to 037
Change Order No. 13 -- Deduct 5,334.69 - Testing of skylight pipe frame at
Main Entrance
Change Order No. 14 - Add 1,377.00 - Miscellaneous structural revisions
to meet field conditions
Change Order No. 15 - Add 3,520.00 - Relocation of Roof Hatch in Build-
ing E to meet access requirements.
Change Order No. 16 - Deduct 910.05 - Engineering services for testing
Main Entrance.
TOTAL - Deduct 4,357.74
300
REGULAR MEETING
NOVEMBER 6, 1978
Contract No. 007 - Theater Lighting - Koontz - Wagner Electric Company
Change Order No. 2 - Add 8,930.00 - Installation of Theater Lighting
Systems (100 per cent by American
National Bank Lease
TOTAL - Add 8,920.00
Contract No. 008 - Food Service Equipment - -Ruslander and Sons, Inc.
Change Order No. 2 - Deduct 91.68 - Reimbursement for additional work
in Kitchen for installation
Change Order No. 3 - Deduct 265.00 - Reimbursement for additional work
in Kitchen for installation
TOTAL - Deduct 356.68
Contract No. 013 - Caulking - Harold J. Becker Co., Inc.
Change Order No. 1 - Add 3,761.36 - Caulking for exterior relief
angle not shown in original
TOTAL - Add 3,761.36 drawings.
Contract No. 014 - Hollow Metal Frames and Doors - Miller Steel
and Supply Company
Change Order No. 6 - Deduct 271.00 - Revisions to doors and frames
by No. 004
Change Order No. 7 - Deduct 223.00 - Revisions to doors and frames
by No. 004
Change Order No. 8 - Add 95.00 - Replacement of missing door
frame
- Add 727.13 - Additional frames in Art Center
(100 per cent by Art Center)
- Add 704.79 - Door revisions in Theater Area
to meet field conditions.
- Add 203.00 - Additional window frame for
Theater Control Room.
TOTAL - Add 1,235.92
Contract No. 020 - Window Walls - Flour City Architectural Metals
Change Order No. 2 - Deduct 194.90 - Repainting of Window Wall
frames by No. 028
Add 185.20 - Reworking of Window Walls
From No. 004
TOTAL - Deduct 9.. 7.0
Contract No. 021-- Ceilings, Furring, Plastering, Fireproofing
Gibson -Lewis Company
Change Order No. 10 - Add 4,810.00 - Miscellaneous modifications to
meet field conditions
TOTAL - Add 4,819.00
Contract No. 022 - Carpet, Quarry Tile and Ceramic Interior Finishes
Change Order No. 6 - Add 265.00 - Repair of Tile in Kitchen for
Hook -up from No. 008.
TOTAL - Add 265.00
REGULAR MEETING
NOVEMBER 6. 1978
Contract No.
028 -
Painting -
Hartke and
Son, Inc.
Change Order
No. 4
- Add
$2,155.15
- Reflects various modicifations
prior to opening.
to the paint schedule, $194.00 of
Add
Total
Add
$2,155.15
this total is reimbursed by No.020.
Contract No.
037 -
Skylights
- Roper I.B.G.
Change Order
No. 1
- Add
3,277.00
- $3,000 reimbursed by No. 005.
Order
No. 14
- Add
5,442.00
$277 for additional flashing not
shown in original drawings.
Change Order
No. 2
- Add
2,09.0.00
- Reflects field modifications of
375.00
- Relocation of Dock Heater
closures to meet existing
Add
269.00
- Replace filters prior to balancing
conditions.
Total
Add
$5,367.00
Contract No. 038 - Elevators - Economy Elevators, Inc.
Change Order No. 1 - Add 389.00 - For lock -out provisions in
Passenger Elevator.
Change
Order
No. 2 -
Add
621.00
- Manual operation of elevators
prior to opening.
Total -
Add
$1,010.00
Contract No.
039 - HVAC - Slutsky
-Peltz
Plumbing & Heating Co.
Change
Order
No. 13
- Deduct
819.35
- Fireproofing repair by No. 021
Change
Order
No. 14
- Add
5,442.00
- Kitchen hook -up (100 per cent
by Hotel /Motel Board)
Add
375.00
- Relocation of Dock Heater
Add
269.00
- Replace filters prior to balancing
Deduct
124.00
- Replacement of ceiling tile
Total
- Add
$5,962.00
Change
Order
No. 15
- Add
1,040.00
- Fan (F -34) enclosure, not
originally shown.
Change
Order
No. 16
- Add
92.00
- Revision of Roll -Up Grilles to
meet field conditions
Total
- Add
$6,274.65
Contract 041 - Plumbing - E. J. White P
Change Order No. 10 - Deduct 154.00
Add 7,850.00
134.00
Total - Add $7,830.00
lambing & Heating Co.
- Deletion of Soap Dispenser Holes
- Installation of Kitchen Equipment
(100 per cent by Hotel /Motel Board)
- Installation and charging of
Nourishment Station.
Contract No. 042 - Sprinklers - D. E. McDaniel Company
Change Order No. 8 - Add 85.00 - Revision of Sprinklers to meet
field condition in Stair D -1.
Total - Add $ 85.00
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REGULAR MEETING
NOVEMBER 6, 1978
Contract No. 043 - Electrical
- Koontz - Wagner Electric Company
Change Order No. 14 -
Add
$4,233.00 -
Various Art Wing modifica=
tions (100 per cent by
Art Center)
Change Order No. 15
- Add
1,505.00
- Miscellaneous electrical
modifications to meet field
conditions.
Add
2,718.00
- Additional heat tracing
for cooling tower not shown
in original drawings.
Total
- Add
$4,223.00
Change Order No. 16
- Deduct
541.60
- Repainting of disturbed
fireproofing
Add
355.00
- Relocation of water pumps
to meet field conditions.
Add
8,248.00
- Rough -in and installation
of Kitchen Equipment
(100 per cent by Hotel /Motel
Board)
Add
$8,061.40
Change Order No. 17
- Add
2,157.00
- Additional electrical controls
for HVAC System not shown
on original drawings.
Total
- Add
$18,674.40
Mr. McMahon reviewed the change orders with the Board. He suggested
that the Board might want to consider authorizing him to sign
the Change Orders on behalf of the Board since there are so many
documents to be signed. Upon motion made by Mr. Brunner, seconded
by Mr. Mullen and carried, the Board approved the Century Center
Change Orders and authorized Patrick McMahon, President of the Board,
to sign the Change Orders.
REQUEST TO ADVERTISE FOR BIDS FOR RENTAL OF UNIFORMS APPROVED
Deputy City Controller Michael L. Vance advised the Board that
specifications are being prepared for the rental of uniforms for
various City departments and he requested that the Board advertise
forbids with the date for receipt of bids to be determined when
specifications are complete. Upon motion made by Mr. McMahon,
seconded by Mr. Brunner and carried, the Board approved the request.
ADOPTION OF VACATION RESOLUTION NO. 3465
The Division of Engineering and the Area Plan Commission reported to
the Board that the petition of the St. Joseph Bank and Trust Company
to vacate an alley south of Mishawaka Avenue had been reviewed and
there is no objection to the proposed vacation subject to existing
utility easements. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the reports were ordered filed and the
following resolution was adopted:
VACATION RESOLUTION NO. 3465
RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND,
INDIANA, That it is desirable to vacate the following:
the first alley South of Mishawaka Avenue, from 34th Street
to 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.
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REGULAR MEETING
NOVEMBER 6, 1978
The following property may be injuriously or beneficially affected
by such vacation:
Lots 145, 146, 147 and 148, Fordham Addition
Notice of this Resolution shall be published on the 10th and 17th
day of November, 1978 in the South Bend Tribune and in the Tri- County
News.
This Board, at its office, on the 27th day of November, 1978, at
9:30 o'clock, A.M., will hear and receive remonstrances from all
persons interested in or affected by these proceedings.
Adopted this 6th day of November, 1978.
BOARD OF PUBLIC WORKS
s/ Patrick M. McMahon
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
s/ Patricia DeClercq, Clerk
APPROVAL OF CONTRACT FOR PIGEON CONTROL
The contract with Arrow Services, Inc. for Pigeon Control Services
for River Bend Plaza and Pier Park for the period November 1, 1978
through October 31, 1979 was submitted to the Board. The contract
is in accordance with the proposal accepted. Upon motion made
by Mr. McMahon, seconded by Mr. Brunner and carried, the contract
was approved.
TRAFFIC CONTROL DEVICES APPROVED
Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting,
submitted to the Board his recommendation for installation of the
following traffic control devices:
A. Install No Parking�Tow -Away Zone on the north side of Bendix,
from Eclipse west approximately 175 feet.
B. Revise No Parking North Side to No Parking South Side on
Bertrand from Eclipse to Meade, due to the construction of
the intersection which has changed the approach to the
intersection to the north.
C. Revise Stop Sign and Yield Sign to Four -Way Stop Bendix,
Bertrand and Eclipse, in connection-with recently completed
intersection- irnprovembnts..
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the recommendations were approved.
BOND APPROVED - MUMFORD CONSTRUCTION COMPANY
Ray S. Andrysiak, Bureau of Engineering, reported to the Board that
the Contractor's Bond for Mumford Construction Company was properly
executed and could be approved. Upon motion made by Mr. McMahon, seconded
by Mr. Brunner and carried, the bond was approved.
310
REGULAR MEETING NOVEMBER 6, 1978
CERTIFICATE OF INSURANCE FILED - COLIP ELECTRIC CORPORATION
A Certificate of Insurance on behalf of the Colip Electric Corporation
was submitted to the Board. Upon motion made by Mr. McMahon, seconded by
Mr. Brunner and carried, the Certificate was filed.
APPROVAL OF CLAIMS
Michael L. Vance, Deputy City Controller,.submitted to the Board
Claim Docket Numbers 21414 through 21799 and recommended approval.
Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the Board approved Claim Docket Numbers 21414 through 21799 and
directed that checks for payment be issued.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period October 27 through
November 1 was submitted to the Board. The report indicated five
outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen
and carried, the report was ordered filed.
FILING OF PETITION TO VACATE EAST -WEST ALLEY FROM BIRDSELL TO
STUDEBAKER STREET
The Pilgrim Baptist Church files a petition to vacate the first
alley north of Washington Street running east from Birdsell Street
to the intersecting north -south alley. The vacation is being
requested to allow the.church to expand its existing facilities
and owns the property on both sides of the alley. Upon motion
made by Mr. McMahon, seconded by Mr. Mullen and carried, the
petition was filed and referred to the Division of Engineering
and the Area Plan Commission for review and recommendation.
There being no further business to come before the Board, upon
motion made by Mr. McMahon, seconded by Mr. Brunner and carried,
the meeting adjourned at 10:30 a.m.
ATTEST:
Patricia DeClercq, Clerk