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Home My WebLink About03/27/00 Board of Public Works MinutesREGULAR MEETING MARCH 27, 2000 The regular meeting ofthe Board of Public Works was convened at 9:37 a.m. on Monday, March 27, 2000, by Board President M. Catherine Roemer, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was Board Attorney Michelle Engel. AGENDA ITEMS ADDED Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following items were added to the agenda: - Excavation Bond - John Ward Concrete - Proposal - Rate Study - Crowe Chizek - Police Towing Applicant - Resolution 34-1999 - Resolution Amending Contracts for Emergency Towing from the Public Right of Way. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the minutes of the regular meeting of the Board held on March 20, 2000, were approved. PUBLIC HEARING - LICENSE APPLICATION FOR MASSAGE ESTABLISHMENT - GAIL' S NAILS Ms. Roemer advised that this was the date set for the Board's Public Hearing concerning a License Application for a Massage Establishment, as submitted by Ms. Gail Smith, for a massage establishment at 121 West Wayne Street, South Bend, Indiana. Favorable recommendations were received by the Fire Department, Police Department, Building Department and the City Attorney's Office There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the License Application was approved and referred to the Deputy Controller's office for issuance of a license. OPENING OF BIDS - ONE (1) MORE OR LESS, PAINT MACHINE This was the date set for receiving and opening of sealed bids for the above referred to equipment. 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: E-Z LINER INDUSTRIES Post Office Box 1490 Orange City, Iowa 51041 Bid was signed by Mr. Greg Steggerda, Sales Manager Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted One (1) Model AL150-EZ $114,624.00 Pavement Marking Machine Option #1 $ 4,000.00 LINEAR DYNAMICS INC. 79 Montgomery Street Montgomery, Pennsylvania 17752 Bid was signed by Ms. Erin Vollman-Marsh Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted 1 1 1 REGULAR MEETING 1O One (Y) Model LDI Maxi 165 $104,421.00 Option #1 $ 10,835.00 NORTHERN EQUIPMENT COMPANY, INC. 16465 West Lincolnway Highway Plymouth, Indiana 46563 Bid was signed by Mr. Willard Frost, President Non -Collusion Affidavit was in order Non -Discrimination Commitment form was not completed Ten per cent (10%) Bid Bond was submitted L-03163 One (1) MB Striper Pavement Marking Machine $125, 763.00 JCL EQUIPMENT COMPANY, INC. Post Office Box 396 Xenia, Ohio 45385 Bid was signed by Mr. Kim Lunay Non -Collusion Affidavit was in order Non -Discrimination Commitment form was completed Ten per cent (10%) Bid Bond was submitted BID: One (1) Airless Striper $ 96,000.00 Pavement Marking Machine Option #1 $ 9,000.00 No Trade -In MARCH 27, 2000 Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above bids were referred to Equipment Services for review and recommendation. AWARD BID - FOUR (4) 20 YARD PACKERS Mr. Matthew Chlebowski, Director, Equipment Services, advised the Board that on February 28, 2000, bids were received and opened for the above referred to equipment. After reviewing those bids, Mr. Chlebowski recommends that the Board award the contract to Central Indiana Truck Equipment Corporation, c/o The Heil Company, Post Office Box 8676, Chattanooga, Tennessee, who is the lowest, most responsive and responsible bidder, in the amount of $468,720.00. Mr. Chlebowski asked that the lowest bidder be rejected, based on the following: The specification requires a minimum of 1000 pounds per cubic yard of compaction. The New Way Cobra is rated at 850-950 pounds per cubic yard. During the demonstration the Cobra and the two other 20 yard packers currently in our fleet were packed and weighed. The Cobra held 5.860 tons of refuge when fully loaded, the other trucks carried. 7.470 and 7.610 tons respectively. The packing cylinder hydraulic pressure was also checked to assure a fair comparison. The Cobra was running 400 PSI more packing pressure than the City's units. This is 21+% less compaction and would result in more trips to the land fill, less homes picked up between runs, a delay in service to customers, and additional costs as charges are incurred by truck volume and not weight. Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bid be awarded as outlined above, subject to financing in near future. Mr. Littrell seconded the motion which carried. V�7 REGULAR MEETING MARCH 27, 2000 AWARD BIDS - LIGHT BULBS Mr. George Zana, Purchasing, advised the Board that on March 20, 2000, bids were received and opened for the above referred to light bulbs. After reviewing those bids, Mr. Zana recommends that the Board award the bids as follows: GRAINGER INDUSTRIAL SUPPLY 1750 Commerce Drive South Bend, Indiana 46628 2 75 Inside Frosted 15A15 $ .35 3 60 Exit Lamp Frosted $ .82 5 100 40G 25/CL $ .68 6 100 50R50/CL N/A 8 120 Inside Frosted, Daylight $ .35 60A17/52/SSXL 9 120 75A17/67/SSXL $ .36 10 100 75A/W/RP/DLSW $ .34 12 150 Soft White Super Saver $ .36 14 100 Flood 120PAR/CAP/FL $ 7.58 15 250 Flood 120BR/FL $ 2.31 16 48 Flood Super Saver $ 2.78 17 48 Inside Frosted $ .53 18 400 Inside Frost, Super Saver $ .89 19 300 Flood, Inside Frosted $ 2.31 20 50 Spot, Inside Frosted $ 2.11 24 24 Clear 300M $ 1.14 26 48 Inside Frosted $ 1.92 27 60 300M/IF/PS25 MED $ 1.49 28 300 500/991F/XL, $ 4.37 29 100 500PAR56Q/WFL $19.47 30 24 300T21/2Q/CL $ 3.67 31 24 Clear Krypton Filled $ 9.79 32 24 500T3Q/CL $ 3.36 35 24 Clear, 75 Watts $10.76 36 60 Coated, 70 Watts $12.51 41 50 Coated, 100 Watts $11.58 42 12 Clear, 100 Watts $11.58 43 72 Coated, 100 Watts $14.20 44 100 150 Watts, 55 Volt, Clear $11.58 46 72 Bright White Deluxe $ 6.06 175 Watts, H39KC-175/DX 49 100 Clear, 200 Watts $13.68 52 36 Clear 250 Watts $13.72 53 36 Coated 250 Watts M58 $14.77 54 36 Brite White Deluxe $10.32 400 Watts, H33GL-400/DX 55 40 Clear 400 Watts $13.64 56 40 Coated 400 Watts M59 $14.69 57 20 Clear, 400 Watts $11.84 58 20 Clear, 1000 Watts $29.60 59 12 Clear 1000 Watts M47 $28.55 60 30 Clear Universal Burning $34.38 1500 Watts, M1500/BU-HOR 61 700 69A21/TS/8M $ .77 62 6500 116A21/TS/8M $ .84 63 3000 195OL/A23/8M $ 1.47 64 50 Dulux 5 Watts $ 1.80 65 50 Dulux 9 Watts $ 1.80 66 150 Dulux 13 Watts $ 1.88 1 I'] REGULAR MEETING 70 450 .-:; .. Cool White, 20 Watts $ 1.35 71 75 Cool White, 20 Watts $ 2.00 72 50 Dulux 26 Watts, T-4 $ 5.06 73 60 Warm White, 30 Watts $ 2.16 74 100 Warm White, 40 Watts $ 1.05 75 76 2000 1000 Cool White Daylight 40 Watts $ $ .80 1.46 77 100 White 40 Watts $ 1.25 78 20 U Shaped Lamp $ 3.48 79 50 Cool White $ 4.44 80 50 Cool White, 39 Watts $ 2.08 81 50 Cool White $ 3.21 82 60 Cool White, 60 Watts $ 2.80 83 100 Cool White, 75 Watts $ 2.01 84 30 Cool White (112), 100 Watts $ 2.95 85 60 25A19/TO/RP $ .66 86 60 25A19/TB/RP $ .66 87 60 25A19/TG/RP $ .66 88 60 25A19/TR/RP $ .66 89 60 25A19/W/RP $ .47 91 40 Advance $ 8.97 V2S34TP 92 10 Advance $55.94 VZT-3 S32 93 100 4 Foot Ballast $ 8.40 94 150 72" or 95" High Output $20.84 RS-25110-TP 95 150 60", 72", or 96" Slim Line $13.30 R-2E75-S-ST MARCH 27, 2000 CONSOLIDATED ELECTRICAL DISTRIBUTORS, INC. 1213 South Main Street South Bend, Indiana 46601 1 75 9 PAR/HAL/FL $ 3.61 4 48 25G 16.5/C/WBL $ .39 7 60 60A/CL $ .68 11 120 Inside Frost, Super Saver $ .61 13 48 Inside Frosted Reflector Spot $ 2.12 14 100 Flood 120PAR/CAP/FL $ 6.56 21 350 200A21/99/XL $ 1.73 23 40 250KR38/FL $ 7.32 25 50 300/IF $ 1.70 33 36 1500T3Q/CL $ 5.69 37 50 Clear 70W Metal Halide $16.74 38 50 Coated 70 Watts M98 $17.77 39 24 Clear 100 Watts M90 $16.51 40 24 Coated 100 Watts M90 $17.53 45 12 Coated, 150 Watts $16.42 47 50 Coated 175 Watts $13.37 48 50 Clear 175 Watts M57 $12.55 50 100 Clear, 250 Watts $11.00 51 24 Brite White Deluxe $ 8.54 67 50 Cool White, 15 Watts $ 1.20 68 48 Warm White, 15 Watts $ 1.98 69 24 16WT8 $ 8.02 90 48 1141 Bulb $ .31 REGULAR MEETING MARCH 27, 2000 Therefore, Ms. Roemer made a motion that the recommendation be accepted and the bids be awarded as outlined above. Mr. Littrell seconded the motion which carried. APPROVE CHANGE ORDERS - MORRIS PERFORMING ARTS CENTER Ms. Roemer advised that Mr. Toy Villa, Public Construction Manager, has submitted the following Change Orders and recommended approval: CHANGE CONTRACTOR AMOUNT CONTRACT MOTION ORDER SUM TO NO. APPROVE; SECONDE D 002R Reinke Construction - Increase $946,947.00 Mr. Littrell, General Construction $19,066.00 Ms. Roemer 003 Reinke Construction - Increase $970,272.00 Mr. Littrell, General Construction $23,325.00 Ms. Roemer 003R Midland Engineering - Increase $1,629.50 $316,666.50 Mr. Littrell, Roofing Mr. Inks 001 Wenger Corporation - Increase $9,587.00 $178,587.00 Mr. Littrell, Acoustical Shell System Mr. Inks. 003 Trans Tech Electric - Increase $8,855.42 $1,248,630.10 Mr. Littrell, Electrical Ms. Roemer 004 Trans Tech Electric - Increase $1,262,785.10 Ms. Roemer, Electrical $14,155.00 Mr. Inks The Change Orders were approved, as noted above. APPROVE PROJECT COMPLETION AFFIDAVIT - YOUNG'S COMMERCE PARK -PROJECT NO. 99-23 Ms. Roemer advised that Mr. Toy Villa, Public Construction Manager, has submitted the Project Completion Affidavit on behalf of Rieth Riley Construction, Post Office Box 1775, South Bend, Indiana, for the above referred to project, indicating a final cost of $115,963.56. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Project Completion Affidavit was approved. APPROVE COMMUNITY DEVELOPMENT CONTRACTS The following Community Development Contracts were presented to the Board for approval: Contract Amount Purpose Motion to Approve; Seconded Housing Development $80,000 REWARD Program Ms. Roemer abstained; Mr. Littrell, Mr. Inks La Casa de Amistad $20,000 ESL, GED and job Mr. Littrell, Ms. training classes Roemer REAL Services $12,000 Guardianship Program Mr. Littrell, Mr. Inks REAL Services $12,000 Older Adult Crime Victim Mr. Inks, Mr. Littrell Program 11 f w)3 1 1 E REGULAR MEETING MARCH 27, 2000 South Bend Heritage $90,000 Administration costs of Mr. Inks, Mr. Littrell FoundatioU ' housing projects, community organizing and revitalization activities South Bend Heritage $137,500 Acquire Jelly's Bar, Mr. Inks, Mr. Littrell Foundation relocate owners, rehab structure for reuse by commercial or non-profit organization Human Rights $13,000 Investigate complaints of Ms. Roemer, Mr. Commission housing discrimination; Inks educate public on fair housing laws El Buen Vecino $10,000 Help support the Edutra Mr. Inks, Mr. Littrell Program (teaching English as a foreign language) YWCA $80,000 Neighborhood Outreach Mr. Inks, Mr. Littrell Program FCC Counseling & $45,000 Individual and group Mr. Inks, Mr. Littrell Development (Formerly counseling at the Boys CANCO) and Girls Club Community Coordinated $62,000 Child care subsidies for 13 Mr. Inks, Ms. Child Care low income households Roemer Indiana Plan $39,750 Pre -apprenticeship Mr. Inks, Mr. Littrell training for 15 low/moderate income persons LaSalle Park District $10,100 LaSalle Fillmore Mr. Inks, Mr. Littrell Council Neighborhood Center South Bend Police $60,000 Neighborhood Watch Mr. Inks, Ms. Department Program Roemer South Bend Police $90,000 Neighborhood Foot/Bike Mr. Inks, Ms. Department Patrols Roemer Near Northwest $156,000 Acquire, rehab and resell Mr. Inks, Ms. Neighborhood, Inc. homes (3) on Cushing and Roemer Scott streets; maybe also to demolish one Near Northwest $35,000 Convert vacant lot at Mr. Inks, Ms. Neighborhood, Inc. Portage and California Roemer Streets into landscaped parking Legal Services of $25,000 Neighborhood Mediation Mr. Inks, Ms. Northern Indiana Project Roemer The above referred to Contracts were approved and executed, as noted above. APPROVAL OF AMENDMENT TO CONTRACT -PORTAGE AVENUE RECONSTRUCTION - THE TROYER GROUP Ms. Roemer stated that the Board is in receipt of an Amendment to a Contract between the City of South Bend and the Troyer Group, 550 Union Street, Mishawaka, Indiana, for reconstruction of REGULAR MEETING MARCH 27, 2000 Portage Avenue Between Lathrop and the Toll Road. Ms. Roemer noted that the Amendment is in the amount of $4,774.00, which increases the contract to $249,547.00. Funding is provided by the Local Roads and Streets Account. Therefore, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the Amendment to the Contract was approved and executed. APPROVAL OF SUPPLEMENTAL AGREEMENT NO. 2 - CLEVELAND ROAD ADDED TRAVEL LANES - KEN HERCEG & ASSOCIATES Ms. Roemer stated that the Board is in receipt of a Supplemental Agreement between the City of South Bend and Ken Herceg and Associates, 211 West Washington, South Bend, Indiana, for additional engineering services for the above referred to project. Ms. Roemer noted that the Supplemental Agreement is in the amount of $37,730.00, bringing the sum of contract to $162,730.00. Funding is provided by the Local Roads and Streets Account. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Supplemental Agreement No. 2 was approved and executed. APPROVAL OF AGREEMENT - PROFESSIONAL ENGINEERING SERVICES - LINCOLNWAY WEST IMPROVEMENTS - DLZ/COLE ASSOCIATES Ms. Roemer stated that the Board is in receipt of an Agreement between the City of South Bend and DLZ/Cole Associates, 2211 East Jefferson, South Bend, Indiana, for the preparation of plans, specifications and costs estimates for the overlay and widening of Lincolnway East from Goodland Avenue to Olive Street. Ms. Roemer noted that the Agreement is in the amount of $188, 510.00, and funding is provided by the Local Roads and Streets Account. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the Agreement was approved and executed. APPROVAL OF PROPOSAL - RATE STUDY - CROWE CHIZEK Ms. Roemer stated that the Board is in receipt of a Proposal between the City of South Bend and Crowe Chizek and Company, 2000 Market Tower, Indianapolis, Indiana, to perform a rate study for the South Bend Municipal Sewage works for the purpose of ascertaining the proper level of rates and charges to be charged by the utility to its customers. Ms. Roemer noted that the Proposal is in the amount of $12,500.00, and funding will be provided by Wastewater Treatment Plant Engineering. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the Proposal was approved and executed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CHEMICALS - WASTEWATER TREATMENT PLANT In a memorandum to the Board, Mr. Bob Toppel, Environmental Services, requested permission to advertise for the receipt of bids for the above referred to chemicals for the Wastewater Treatment Plant. Mr. Toppel stated that funding for the chemicals will come from the Wastewater Treatment Plant operating budget. Therefore, upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the request to advertise for the receipt of bids was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - BLACKTHORN COURT/CRESCENT CIRCLE - LANDSCAPING AND IRRIGATION- PROJECT NO. 100-30 In a memorandum to the Board, Ms. Deb Martin, Engineering, requested permission to advertise for the receipt of bids for the above referred to project. Ms. Martin stated that work to be performed will include grading, landscaping, and installation of irrigation systems and the work will be financed through Fund 324 Airport TIF. Therefore, upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the request to advertise for the receipt of bids was approved. FAVORABLE RECOMMENDATION - PETITION TO VACATE PROPERTY Ms. Roemer indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Martin Blad Farms and G&M Properties to vacate the following property: Bendix Drive from the south right of way of the first east west alley south of Calvert Street to the south right of way of Delaware Street for a distance of approximately 398 feet and a width of 60 feet. The second street to be vacated is described as Delaware Street from the west right of way of Bendix Drive to the east right of way of vacated Kaley Street for a distance of 250 feet and a width of 60 feet. Both streets are located in the Richland 2"a Addition, City of South Bend, Saint Joseph County, Indiana. xrw REGULAR MEETING MARCH 27, 2000 Ms. Roemer advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department ofPublic Works. Therefore, Mr. Littrell made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE AN ALLEY Ms. Roemer indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Mr. Jeff Gibney, South Bend Heritage Foundation, South Bend, Indiana, to vacate the following alley: The first north/south alley east of McPherson Street from the north right of way of Western Avenue to the south right of way of the first east/west alley north of Western Avenue for a distance of 165 feet and a width of 14 feet. Part located in the Willett's Sub. of Bank Outlot 89, South Bend, St. Joseph County, Indiana. Ms. Roemer advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department ofEconomic Development and the Department ofPublic Works. Therefore, Mr. Littrell made a motion that the Board send a favorable recommendation to the Common Council concerning this Vacation Petition. Mr. Inks seconded the motion which carried. FAVORABLE RECOMMENDATION - PETITION TO VACATE PROPERTY Ms. Roemer indicated that the Common Council has submitted to the Board a Vacation Petition as completed by Ms. Michelle Scott, Place Builders, 2133 Foxboro Court, Mishawaka, Indiana to vacate the following property: A portion of the north side of Maple Road located between Portage Road on the east and Sandwood Drive on the west, South Bend, Indiana. Ms. Roemer advised that the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Area Plan Commission, Police Department, Fire Department, Sanitation, Department of Economic Development and the Department ofPublic Works. Therefore, Mr. Littrell made a motion that the Board send a favorable recommendation, subject to utility easements, to the Common Council concerning this Vacation Petition. Ms. Roemer seconded the motion which carried. APPROVE LICENSE APPLICATION - GARBAGE AND RUBBISH SERVICE Ms. Roemer stated that the following Garbage and Rubbish Service application has been received: NAME: Best Way Disposal ADDRESS: 3290 Hennessey Road, Watervliet, Michigan Ms. Roemer further advised that a favorable recommendation has been received by the Department of Code Enforcement concerning this application. Further, the Bureau of Sanitation has inspected the vehicle(s) to be used in conjunction with this business, and has found them to be satisfactory. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the above license application was approved and referred to the Deputy Controller's Office for issuance of a license. APPROVAL OF RECOMMENDATION - TO CLOSE VARIOUS STREETS - WORLD'S LARGEST GARAGE SALE - WAYNE STREET PARKING GARAGE Ms. Roemer stated that favorable recommendations have been received by the Division of Engineering, Police Department and the City Attorney's office, in reference to a request as submitted by Ms. Sue Ann Bullock, Parks and Recreation, South Bend, Indiana, to close various streets near the Wayne Street Parking Garage, in order to conduct the above referred to "World's Largest Garage Sale", on June 2 and 3, 2000. Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the recommendation was approved. MARCH 27, 2000 APPROVAL OF RECOMMENDATION - TO CONDUCT VFW POST 1167 PARADE Ms. Roemer stated that favorable recommendations have been received by the Division of Engineering, Park Department, Police Department and the City Attorney's office, in reference to a request as submitted by Mr. Christian Luciani, VFW Post 1167, 1047 Lincolnway East, South Bend, Indiana to conduct the above referred to parade on May 6, 2000, from 12:30 p.m. until 1:45 p.m., on the designated route as submitted. Upon a motion made by Mr. Inks, seconded by Ms. Roemer and carried, the recommendation was approved. APPROVAL OF LICENSE APPLICATION FOR SCRAP METAL DEALERS/JUNK DEALERS/RECYCLING OPERATIONS/TRANSFER STATIONS Ms. Roemer stated that the Board is in receipt of favorable recommendations from the Department and Code Enforcement and the Fire Department for the following License Applications. License Application Address Motion to Approve; Seconded South Bend Scrap & Processing Division Sturgis Iron & Metal Company, Inc. 1305 Prairie Mr. Littrell, Ms. Roemer A-1 Auto Parts 2014 South Lafayette Mr. Littrell, Ms. Roemer South Bend Iron & Metal 429 West Indiana Ms. Roemer, Mr. Inks South Bend Waste Paper 1519 South Franklin Mr. Inks, Ms. Roemer Indiana Iron Metal Div. Of Hurwich Iron Co., Inc. 1700 South Lafayette Mr. Inks, Mr. Littrell Hurwich Iron Company, Inc. 1610 Circle Avenue Mr. Inks, Mr. Littrell South Bend Baling & Iron Company 1420 South Walnut Mr. Inks, Mr. Littrell Steve & Gene's Auto Truck Salvage 3109 Gertrude Mr. Inks, Mr. Littrell Indiana Iron Metal Div. Of Hurwich Iron Co., Inc. 1602 South Lafayette Mr. Inks, Ms. Roemer Northside Iron and Paper 3123 Gertrude Mr. Littrell, Mr. Inks It was noted that the License Application from Michiana Auto Specialists, 815, North Olive, South Bend, Indiana, was denied, as Code Enforcement stated that it is not zoned appropriately, and must be in an "E" heavy industrial zone. In addition, the License Application from Indiana Auto Parts, 3300 South Main Street was tabled, as this business has placed asphalt in the treelawn area. Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the License Application from Michiana Auto Specialist was denied due to zoning violations, and the License Application for South Bend Scrap, 3300 South Main was tabled, due to a Code violation. ADOPT RESOLUTION NO. 55-2000 - DISPOSAL OF CITY OWNED PROPERTY Upon a motion made by Mr. Inks, seconded by Mr. Littrell and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 55-2000 WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 9, 1995, Ordinance No. 8570-95 which states that upon retirement with twenty (20) or more years 1 1 F�l 00-Q,H4 REGULAR MEETING MARCH 27, 2000 of service: "Upon retiremeAlvith twenty (20) or more years of service to the City of South Bend, Indiana, a sworn member of the South Bend Fire Department shall be entitled to retain as his or her own personal property, the fire helmet used by such Firefighter immediately prior to giving notice of his or her retirement." and WHEREAS, BRUCE MICHALOS, DARLIES JONES AND ART HARLEY have retired from the South Bend, Indiana Fire Department after twenty (20) or more years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that they have retired in good standing; and WHEREAS, I.C.. 36-1-11-6 permits and established procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; and WHEREAS, Chief Luther Taylor has advised that the fire helmets previously worn by these Firefighters are of no further use to the Department and of no practical value; NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the fire helmets worn by these Firefighters are no longer needed by the City and unfit for the purpose for which they were intended and have an estimated fair market value of less than One Thousand ($1,000.00) Dollars. BE IT FURTHER RESOLVED that said property be disposed of in accordance with Ordinance 8570-95 and removed from the City inventory. Adopted this 27TH day of March, 2000. BOARD OF PUBLIC WORKS s/M. Catherine Roemer, President s/Carl P. Littrell, Member s/Donald E. Inks, Member ATTEST: s/Angela K. Jacob, Clerk TABLE RESOLUTION NO.56-2000 -A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND RECOMMENDING APPROVAL OF THE ISSUANCE OF SCRAP METAL/JUNK DEALERS/RECYCLING OPERATIONS AND TRANSFER STATION LICENSE FOR THE CALENDAR YEAR 2000 Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, the Resolution was tabled by the Board of Public Works. ADOPT RESOLUTION NO. 34-1999 - RESOLUTION AMENDING CONTRACTS FOR EMERGENCY TOWING FROM THE PUBLIC RIGHT OF WAY Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION AMENDING CONTRACTS FOR EMERGENCY TOWING FROM THE PUBLIC RIGHT OF WAY WHEREAS, the public welfare and safety of residents of the City of South Bend require that public streets and alleys be kept free of abandoned or illegal vehicles; and WHEREAS, the City of South Bend. has the power under I.C. 9-13-2-1 et seq. to remove abandoned vehicles from it's streets and alleys; and REGULAR MEETING MARCH 27, 2000 WHEREAS, the previous resolution of this Board (34-1999) needs to be amended to facilitate the prompt removal of abandoned or illegal vehicles; and NOW, THEREFORE, BE IT RESOLVED BY the Board ofPublic Works for the City of South Bend that the Police Chief of the City of South Bend be, and hereby is, designated as the agent of the Board for the limited purpose of entering into, and is authorized to enter into contracts with individual contractors for removal of illegal or abandoned vehicles from the pubic streets and alleys within the City of South Bend. BE IT FURTHER RESOLVED by the Board of Public Works that the following terms and conditions shall be, and hereby are, binding upon all individual contractors who provide emergency towing services to the City and shall be, and hereby are, made a part of every contract for emergency towing services entered into between the Chief of the South Bend Police Department and any such contractor for such services: 1. Contractors shall be called when necessary from a rotating list, (hereinafter called "list"), which the list is to be kept available for the public inspection at the South Bend Police Department. However, when an oversized vehicle must be towed, the next contractor on the list which has indicated in writing that it has the capacity for such a tow shall be called without losing its place on the list. 2. Any qualified contractor may apply to be placed on the list by filing an application with the Board of Public Works. Upon the application being formally filed with the Board, and a showing that all other requirements stated herein have been met, including the posting of the required bond, the new contractor shall be placed at the bottom of the list or on a waiting list. 3. Contractor may be removed from the list: a. At any time by the contractor's request. b. For a period of one year upon any of the following: i. On three (3) occasions within any one-year period the contractor fails to arrive at the requested scene within a reasonable time after receiving notice. ii. On three (3) occasions within a one-year period or on any two (2) consecutive occasions contractor cannot be reached by the South Bend Police Department Communication Center for any reason; or iii. Contractor ceases to comply with any paragraph from 5 (g) through and including 5 0) of this agreement; or iv. Discovery of any fraud, material misrepresentation, or false statement contained in the application for the list or for any license required by this Resolution. v. A contractor or any employee of contractor shall be convicted after the application date of a crime connected with the storage or towing of vehicles. vi. A second violation of paragraph c (ii). c. For a period of 1 month: i. Whenever there are 3 substantiated complaints within any one year period against the contractor or for a violation of any portion of this agreement other than those specifically mentioned in paragraph 3 (b). For purposes of this paragraph a complaint must be delivered to the officer in charge of the Traffic Bureau ofthe South Bend Police Department and investigated by that Agency. ii. Whenever the records of the South Bend Police Department Communications Center show that for any quarter of the year the contractor failed for whatever reason (i.e., too busy, doesn't answer phone, etc.) to respond to 10% or more of the requests for service from the South Bend Police Department Communications Center. The officer in charge of the Traffic Bureau of the South Bend Police Department shall notify the contractor in writing of the finding of this violation. The finding may be appealed by the contractor only to the Board of Public Safety within 10 calendar days after the date of mailing of the notice. The Board shall hear the appeal at its next regularly scheduled meeting occurring 72 hours after the filing of the appeal. REGULAR MEETING MARCH 27, 2000 The removal of the contractor from the list shall commence upon the 1 lth day after the mailing of the letter, unless the contractor notifies the Traffic Bureau Commander that it wishes the suspension to commence at an earlier date. If a contractor is suspended from the list for any reason set fourth in paragraph 3(b) or 3(c), the contractor shall be placed at the bottom of the rotation list at the end of the suspension if a vacancy still exists. Otherwise the contractor shall be added to the waiting list at the end of the suspension. 4. Upon receipt of a request from the South Bend Police Department, the South Bend Police Communications Center will contact the approved contractors in order of rotation to impound the abandoned, illegal, or crashed vehicle until a contractor is located who can immediately commence impounding or towing. 5. Responsibility of contractor: a. Storage lot, Office and Records shall be open and available for South Bend Police Department inspection any time of the day or night; b. Any and all impounded vehicles stored over 72 hours must have Indiana report Form 322 completed. When twenty (20) or more such forms are collected, they will be delivered to the Traffic Office for VIN verification and a check to see if any of the vehicles are stolen. If the form cannot be read or the VIN does not conform to NATB Standards the form will be stamped DOES NOT CONFORM and returned to the towing company for correction. All vehicles going into State Sale will have the registration plates removed and hand carried to the Traffic Office where they will be recorded and stored. As these registration plates expire they will be destroyed and recorded as being destroyed. c. The towing vehicles used pursuant to this agreement must be well maintained and kept clean, as frequently citizens will be accompanying their vehicle back to the contractor to summon a ride; d. All towing vehicles used pursuant to this agreement will have a broom, bucket, and shovel and shall remove all debris from vehicle crash scenes; and shall otherwise meet the requirements of IC-9-18-13. e. Each towing vehicle will be clearly marked with the name of the tow service, address and telephone number on both cab doors of the vehicle; and shall otherwise meet the requirements of IC 24-4-6-2 . f. Each contractor will make itself available for semi-annual inspections by the Fire Department and its Department of Code Enforcement without notice, g. Each contractor must meet all zoning ordinances established by the City; h. Each contractor must have an established business and storage lot within the City Limits of South Bend, Indiana. i. Each contractor shall have a valid license under Section 4-20.5 of the South Bend Municipal Code. j. If the impounded vehicle that is not stored at the business address of the contractor, the contractor must notify the Traffic Office of the location at which the vehicle will be stored. 6. All contractors shall abide by a uniform fee policy, which shall be set by the South Bend Police Department and filed with the Board of Public Safety of the City of South Bend and reviewed at least once a year. The initial setting of the fees and the yearly review shall include consultation with all contractors on the list at the time. 7. The initial list shall be limited to a maximum of 6 contractors. By March 1 of each calendar year, the South Bend Police Department shall submit to the Board of Public Safety a statement of the total number of impounds made pursuant to this resolution. Commencing March 1, 2000 the following procedures shall be utilized to fill any vacancies on the list: a. The optimum number of slots on the list shall be 1 for every 1000 regular tows (rounded off to the nearest 1000). b. No contractor shall be removed from the list because the list contains more names than the optimum number. c. If, when a contractor is removed from the list for any reason, the number of contractors remaining on the list is still above or at the optimum, no contractor shall be placed on the list. REGULAR MEETING MARCH 27, 2000 d. Whenever the number of contractors on the list is less than the optimum number gt for any reason, the next eligible contractor on the waiting list shall be notified by regular mail and shall have 2 weeks from the date of the letter to verify its application, post a current bond, and otherwise, comply with all requisites. If the contractor should fail to do so, it shall be stricken from the waiting list and the open spot shall be assigned to the next name on the waiting list subject to these conditions and notice issued. 8. Contractors shall be compensated by directly collecting from the owner of the property or by disposal of the vehicle in accordance with state law. Contractor shall not have any claim against the City for reimbursement of labor or materials furnished hereunder except to the extent that the City has been able to collect from the property owners. 9. Contractor shall provide a certificate of liability insurance in the amount of $300,000, naming the City of South Bend additional insured for all work done under these contracts. 10. Contractor agrees to indemnify the City for any liability costs, attorney fees, or damages arising out of any action of the contractor. 11. Nothing in this resolution shall prohibit the City of South Bend from modifying this policy from time to time, nor shall anything contained herein prohibit the City of South Bend from utilizing its own towing vehicles for any purpose. Dated this 27' day of March, 2000. BOARD OF PUBLIC WORKS s/Catherine Roemer, President s/Carl Littrell, Member s/Donald Inks, Member ATTEST: s/Angela K. Jacob, Clerk APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Ms. Roemer stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by Mr. Todd Grahm. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to 53760 Generations Drive, South Bend, Indiana, South Bend, Indiana, (Key # 02-2019-04049.30), Mr. Grahm waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Inks seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Ms. Roemer stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by D& H Home Builders. The Consent indicates that in consideration for permission to tap into the public sanitary sewer system of the City, to provide sanitary sewer service to 61633 Bromton Road, South Bend, Indiana, South Bend, Indiana, (Key #01-018-0381), D&H Home Builders waive and release any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of South Bend. Therefore, Mr. Littrell made a motion that the Consent be approved. Mr. Inks seconded the motion which carried. APPROVAL OF REQUEST FOR RELEASE OF EASEMENT - SANITARY SEWER AND WATER - ALLEY EAST OF MCPHERSON STREET In a memorandum to the Board, Mr. Carl P. Littrell, City Engineer, requested permission to release the above referred to easement, on behalf of South Bend Heritage Foundation. Mr. Littrell noted that there are no utilities in this easement. Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the request was approved. A 1 �l 10 A L 1 REGULAR MEETING _ MARCH 27, 2000 WATER - 812 WEST NAPIER In a memorandum to the Board, Mr. Carl P. Littrell, City Engineer, requested permission to release the above referred to d6eifi6Iit on behalf of South Bend Heritage Foundation. Mr. Littrell noted there are no utilities in this location. Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the request was approved. REQUEST FOR RELEASE OF UTILITY EASEMENT - TUTT STREET - DENIED In a memorandum to the Board, Mr. Carl P. Littrell, City Engineer, recommended that a request to release the above referred to easement be denied. The sanitary sewer is necessary to service lots 18- 3042-1610 and 18-3042-1612 should development on these lots require sanitary sewer service. No other sewer is available to service these lots. If the owner(s) of these properties replat the real estate, it may be possible to relinquish this easement in the future and stop sewer usage in this right of way. Upon a motion made by Mr. Littrell, seconded by Mr. Inks and carried, the request was approved. APPROVE CONTRACTOR AND EXCAVATION BONDS Mr. Anthony Molnar, Engineer, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved as follows: BOND OF CONTRACTOR Labont Enterprises Approved Effective March 27, 2000 EXCAVATION BONDS John Ward Concrete, Inc. Approved Effective March 27, 2000 Mr. Littrell made a motion that the recommendation be accepted and that the Bonds be approved as outlined above. Mr. Inks seconded the motion which carried. FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the following Certificate of Insurance was accepted for filing: Woodruff& Sons, Inc. Post Office Box 450 Michigan City, IN 46361 APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Littrell, seconded by Ms. Roemer and carried, the following traffic control devices were approved: Removal of Handicap Sign 1229 Goodland Signs no longer needed New Installation - Handicap 132 East Bowman Mr. Black has met all Sign requirements New Installation - Handicap 701 Cottage Grove Mr. Jennings has met all Sign requirements New Installation - Handicap 1619 Fassnacht Ms. Carter has met all Sign requirements New Installation - Handicap 123 Donmoyer Ms. Crane has met all Sign requirements New Installation - Handicap 126 E. Bowman Mr. Breden has met all Sign requirements ooIAW REGULAR MEETING MARCH 27, 2000 FILING OF APPLICATION FOR POLICE DEPARTMENT TOWING LIST - PATTI"S TOWMASTERS Upon a motion made by Ms. Roemer, seconded by Mr. Inks and carried, an application for the Police Department towing list, as submitted by Patti's Towmasters, 2711 Western Avenue, South Bend, Indiana, was filed. The applicant requested to be placed on the rotating list for towing for the City of South Bend, Indiana. APPROVE CLAIMS Ms. M. Catherine Roemer, City Controller, submitted claims in the amount of $2,256,791.76 and recommended approval. Additionally, Mr. Juan Manigault, Executive Director, WDS of Northern Indiana, submitted lists containing claims in the amount of $59,121.87 and $293,976.22 and recommended approval. Community and Economic Development submitted claims on behalf ofthe St. Joseph County Housing Consortium and recommended approval. Mr. Littrell made a motion that the claims be approved and the reports as submitted be filed. Ms. Roemer seconded the motion which carried. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Roemer, seconded by Mr. Littrell and carried, the meeting adjourned at 10:20 a.m. BOARD OF PUBLIC WORKS AC r� M. Catherine Roemer, Preside t Carl P. Littrell, Member Donald E. Inks, Member TEST: � G Angela kjJacob, Cler