HomeMy WebLinkAbout05/01/95 Board of Public Works Minutes0222
REGULAR MEETING MAY I , 1995
The regular meeting of the Board of Public Works was convened at 9:33 on Monday, May 1, 1995,
by Board President John E. Leszczynski, with Mr. Leszczynski, Mr. James R. Caldwell and Mrs.
Jenny Pitts Manier present. Also present was Board Attorney Anne Bruneel.
AGENDA ITEMS ADDED
Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, Agenda items for
a Bid Award, a Change Order for Edison Water Treatment Plant, and a Project Completion Affidavit
were added.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the minutes of the
regular meeting of the Board held on March 24, 1995, were approved.
PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - VALCAR RENTAL CAR SALES
Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning the
ValCar Rental Car Sales, as submitted by Gary Levine, 5075 West 38th Street, Indianapolis, Indiana,
requesting permission to conduct used car sales at K-Mart, 4640 South Michigan, South Bend,
Indiana, Wednesday, June 14 through Friday, June 16, 1995, from 9:00 a.m. to 9:00 p.m., and on
Saturday, June 17, 1995, from 9:00 a.m. to 6:00 p.m.
Mr. Bill Gates, 21855 Roosevelt Road, South Bend, Indiana, Owner of Gates Downtown, was
present, and informed the Board that he has been present before at these hearings, concerning the
complaints from his business and other car dealers in South Bend in reference to the ValCar Rental
Sales. Mr. Gates indicated that this merchant comes into South Bend for a few days for these sales,
and customers do not have any recourse for parts and/or service which they purchase. He also stated
in previous letters that he welcomes the competition, however, these merchants do not pay taxes.
Further, Ms. Helen A. Annabelle, 19625 East Jewel Avenue, South Bend, Indiana, submitted a letter
of complaint concerning the ValCar Sales. Mr. Gates suggested to the Board that they consider this
when they vote on the Transient Merchant License. Mrs. Manier asked Mr. Gates if he had come
in contact will Ms. Annabelle. Mr. Gates stated that the letter was forwarded to him by Mr. Bill
Frank, Nissan Automotive, 51176 US. 31/33, South Bend, Indiana.
Mrs. Manier informed the Board that Ms. Pam Carter, Attorney General, Indianapolis, Indiana,
forwarded consumer complaints received by their office against ValCar of Indianapolis. Mr.
Leszczynski made a motion that these documents and letters be added to the minutes. Mr. Caldwell
seconded the motion which carried.
Ms. Sharon Drybrough, ValCar Sales, 5075 West 38th Street, Indianapolis, was present, and stated
that she would like copies of the documentation from the Attorney General's office.
Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Public Hearing
was closed, as there was no one else present to address the Board concerning this matter. Mrs.
Manier made a motion to table the issue for two weeks, so the City Attorney's office could review
the allegations. Mr. Caldwell seconded the motion which carried.
PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - HEIRLOOM IMAGES
Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning the
sales of new and used computer and photographic equipment sales, as submitted by Mr Roger Smith,
8863 East Black Point Road, Syracuse, Indiana, requesting permission to conduct new and used
computer and photographic equipment at the Century Center, on Sunday, May 7, 1995, from 10:00
a.m. until 3:00 p.m.
Mr. Roger Smith was present, and stated that Heirloom Images has conducted this sale previously
in South Bend, and it has been successful, and would like to recommend to the Board that the
Transient Merchant License be approved.
REGULAR MEETING MAY 1, 1995
There being no one else present wishing to address the Board concerning this matter, the Public
Hearing was closed.
Therefore, upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the
Transient Merchant License was approved.
PUBLIC HEARING - TRANSIENT MERCHANT LICENSE - INFANCIA MEXICANA
Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning a
request for a Transient Merchant License for Infancia Mexicana, as submitted by Mr. Jesusa
Rodriguez, 2807 MacArthur, South Bend, Indiana, to conduct a Fiesta Festival at Howard Park, on
Saturday, May 6, 1995, from 10:00 a.m. until 6:00 p.m.
Mr. Eliud Vilaneuva, 622 Wilson Boulevard, Mishawaka, Indiana, and indicated that this Festival
is similar to the Ethnic Festival, but of a smaller scale, and recommends approval.
There being no one else present wishing to address the Board concerning this matter, the Public
Hearing was closed.
Therefore, upon a motion made be Mr. Caldwell, seconded by Mrs. Manier and carried, the Transient
Merchant License was approved.
APPROVAL OF AGREEMENT - HOUSING DEVELOPMENT CORPORATION
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend,
and the Housing Development Corporation of St. Joseph County, for the Department of Code
Enforcement's instituition of a receivership program. Mr. Leszczynski noted that the Agreement is
in the amount of $44,762.00, with interest accruing at 3% per annum as per form as approved by
Judge Sanford M. Brook, St. Joseph Superior Court. Therefore, upon a motion made by Mrs.
Manier, seconded by Mr. Caldwell and carried, the Agreement was approved and executed.
APPROVAL OF AGREEMENT - PROCESS TRAINING - WASTEWATER TREATMENT
PLANT - GIVENS AND ASSOCIATES WASTEWATER CO.. INC.
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend,
and Givens & Associates Wastewater Co., Inc.,12010 East Washington Street, Cumberland, Indiana,
for process training at the Wastewater Treatment Plant. This training should enhance the knowledge
of the staff and better prepare them for shift changes that will occur in early 1996. The fee for the
training is $3,000.00 for up to (ten) 10 students/$270.00 per student over ten (10). Upon a motion
made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement was approved and
executed.
APPROVAL OF AGREEMENT - SOUTHEAST BERRIEN COUNTY LANDFILL AUTHORITY
Mr. Leszczynski stated that the Board is in receipt of an Agreement between the City of South Bend
and Southeast Berrien County Landfill Authority, 3200 Chamberlain Road, Buchanan, Michigan,
setting forth terms and conditions for the disposal of solid waste at their landfill. The Agreement
remains the same as the current agreement, and the rates for a minimum of 3,600 cubic yards a
month are $450/cubic yard for loose trash and $5.00/cubic yard for compacted residential solid
waste. Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Agreement
was approved and executed.
APPROVAL OF AMENDMENT TO AGREEMENT - SOUTH BEND DAM. ISLAND PARK
AND CANOE PORTAGE REPAIRS - PROJECT NO. 94-67
In a memorandum to the Board, Mr. Carl Littrell, Director, Division of Engineering, submitted a
request for an Amendment to the Agreement with Lawson -Fisher Associates, 525 West Washington,
South Bend, Indiana, for design of the above referred to project. Mr. Littrell stated that this
amendment would increase their design and pre -construction phase fees by $8,500 to a total of
$26,300.00. Further, the Agreement currently provides for the construction inspection services at
unit rates and reimbursement of expenses to a total not to exceed $19,800.00. Therefore, upon a
motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the Amendment to the
Agreement was approved and executed.
REGULAR MEETING i MAY 1, 1995
APPROVAL OF PROPOSAL - PORTAGE AVENUE SEWER EXTENSION
Mr. Leszczynski stated that the Board is in receipt of a Proposal for the Portage Avenue Sewer
Extension, between the City of South Bend, and Ken Herceg and Associates, 224 West Jefferson,
South Bend, Indiana, to extend the fifteen (15) inch sanitary sewer northwest along Portage Avenue
for approximately 3,750 feet to the intersection of Portage Avenue and Brick Road. The total cost
of this project is $5,995.00. Therefore, upon a motion made by Mr. Caldwell, seconded by Mrs.
Manier and carried, the Proposal was approved and executed.
APPROVAL OF CHANGE ORDERS - PORTAGE AVENUE SEWER EXTENSION
Mr. Leszczynski stated that the Board is in receipt of two (2) Change Orders for the above referred
to project. Upon a motion made by Mr. Caldwell, seconded by Mr. Leszczysnki and carried, the
Change Orders were approved as follows:
Change Order
Change Order 1
Change Order 2
Amount
Increase $6,800.00
Increase $4,363.55
New Contract Sum
$13,795.00
$18,185.55
APPROVE CHANGE ORDER - EDISON WATER TREATMENT PLANT - PROJECT NO.94-52
Mr. Leszczynski advised that Mr. Edward Wagner, Project Manager, Maddox Industrial, 3060 W.
Minnesota, Indianapolis, Indiana, has submitted Change Order No. 2 indicating that the Contract
amount be increased $29,390.00 for a new Contract sum including this Change Order in the amount
of $2,449,570.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried,
the Change Order was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT - ASBESTOS ABATEMENT - 1911 S.
IRONWOOD DRIVE - PROJECT O. 94-88
Mr. Leszczynski advised that Mr. Bob Allen, Public Construction Manager, has submitted the
Project Completion Affidavit, for the above referred to project, on behalf of Environmental
Management Specialists, Inc., 2409A Hunter Street, Huntertown, Indiana, indicating a final cost of
$3,058.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the
Project Completion Affidavit was approved.
APPROVAL OF RECOMMENDATIONS
Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the following
Recommendations were approved:
- TO PURCHASE CITY PROPERTY
Mr. Leszczynski stated that favorable recommendations have been received by the Division of
Engineering, Code Enforcement, Department of Community and Economic Development and the
Park Department, in reference to a request as submitted by Carl C. Peterson to purchase a City -
owned lot (Key no. 18-7014-0569) next to 533 E. Haney Street.
- TO CONDUCT MAURICE MATTHYS LITTLE LEAGUE PARADE
Mr. Leszczynski stated that favorable recommendations have been received by the Police
Department, City Attorney's Office, Division of Engineering and the Park Department, in reference
to a request as submitted by Mr. Rick Kring to conduct the above referred to parade on Saturday,
May 6, 1995, on the designated route as submitted.
- TO CONDUCT THE SEVENTH ANNUAL P.O.W./M.I.A. HOSTAGE FREEDOM MARCH
Mr. Leszczynski stated that favorable recommendations have been received by the Police
Department, City Attorney's Office, Division of Engineering and the Park Department, in reference
to a request to conduct the above referred to March, on August 12, 1995, beginning at 8:30 a.m. on
the designated route as submitted.
ADOPT RESOLUTION NO.25-1995 - DISPOSAL OF CITY PROPERTY
Upon a motion made by Mr. Caldwell, seconded by Mrs. Manier and carried, the following
Resolution was adopted:
1
1
22
REGULAR MEETING MAY 1; 1995
RESOLUTION NO.25-1995
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
of service:
"Upon retirement with 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, Donald Lukasiewicz and Robert Raker 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 helmet previously worn by these
Firefighters is 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 helmet worn by these Firefighters is no longer needed by the City and unfit
for the purpose for which it was intended and has 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 1 st day of May, 1995.
BOARD OF PUBLIC WORKS
s/John E. Leszczynski, President
s/James R. Caldwell, Member
s/Jenny Pitts Manier, Member
ATTEST:
s/Angela K. Jacob, Clerk
AWARD BID - ONE (1) TANDEM AXLE DUMP TRUCK
Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on April
10, 1995, bids were received and opened for the above referred to equipment. After reviewing those
bids, Mr. Chlebowski recommends that the Board award the bid to Wise International Trucks, 4849
West Western, South Bend, Indiana, as follows:
One (1) Model 2554 $51,898.88
Dump & Snow Equipment with options $17,753.00
Extended Warranty $ 1,744.00
TOTAL BID PACKAGE $71,395.88
REGULAR MEETING MAY 1. 1995
Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded
as outlined above. Mr. Leszczynski seconded the motion which carried.
AWARD BID - MISCELLANEOUS VEHICLES
Mr. Matthew Chlebowski, Director, Division of Equipment Services, advised the Board that on April
10, 1995, bids were received and opened for the above referred to equipment. After reviewing those
bids, Mr. Chlebowski recommends that the Board award the bid to Gates Chevrolet, 401 South
Lafayette, South Bend, Indiana, as follows:
Three (3) Mid Size Program Cars
$10,800.00 Each
$32,400.00
Two (2) Compact Program Cars
$ 8,800.00 Each
$17,600.00
One (1) New Compact Auto
$11,335.00 Each
$11,335.00
Three (3) 3/4 Ton Pick -Up Trucks
$15,243.00 Each
$46,397.00
One (1) 3/4Ton Pick Up w/Plow
$18,625.00 Each
Plow Equipment
$ 2,160.00 Each
A/C
$ 668.00 Each
$21,462.00
One (1) FWD Mini Cargo Van
$14,965.00 Each
$14,965.00
One (1) Full Size cargo Van
$14,915.00 Each
$14,915.00
One (1) 15000 Lb. GVW Chassis
$21,972.00 Each
$21,972.00
One (1) Sport Utility
$22,255.00 Each
$22,255.00
One (1) Extended Cab Pick -Up
$17,385.00 Each
$17,385.00
Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bid be awarded
as outlined above. Mr. Leszczynski seconded the motion which carried.
AWARD BID - MISCELLANEOUS COMPUTER EQUIPMENT
Mr. Bob Allen, Public Construction Manager, advised the Board that on March 27, 1995, bids were
received and opened for the above referred to equipment. After reviewing those bids, Mr. Allen
recommends that the Board award the contract to Computer Specialists, 401 North Michigan, South
Bend, Indiana, as follows:
Pentium 100 MHz File Server
$4,975.00
Substitute 2.1 Gb SCSI Hard Drive
$
100.00
Substitute Adaptec 2940 PCI SCSI controller
0.00
Substitute Adaptec 1740 A EISA SCSI controller
$
40.00
Substitute alternate 2940 w PCI Wide SCSI controller
$
90.00
Substitute NEC 4Xi 220 ms CD Rom
$
240.00
Substitute NEC $Xe CD Rom
$
340.00
Substitute ANTEC KSO1 OB Super File Server Case
$
400.00
Pentium 90 MHz File Server
$2725.00
Additional 16 Mb Ram
$
725.00
Substitute 2.1 Bg SCSI-2 Hard Drive
$
475.00
Add triple Speed IDE CD Rom
$
250.00
2Gb 4mm DAT Tape Backup single server ARCADA
$1175.00
Thomas Conrad #6245 16 bit ARCNET Card Installed
$
174.50
PCI 32 bit Ethernet 10 Base T Network Card
$
135.00
PCI 32 bit Ethernet Network Card BNC
$
135.00
Substitute ANTEC KS010B File Server Case
$
400.00
Add Adaptec AHA 1540 SCSI Controller
$
225.00
Add Adaptec AHA 2940 PCI SCSI Controller
$
345.00
Therefore, Mrs. Manier made a motion that the recommendation be accepted and the bids be
awarded as outlined above. Mr. Leszczynski seconded the motion which carried.
APPROVAL OF REQUESTS TO ADVERTISE FOR THE RECEIPT OF BIDS
Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the following
Requests to Advertise for the Receipt of Bids were approved:
�1
REGULAR MEETING MAY 1. 1995
- TWO (2) 1995 FULL SIZE 4 WHEEL DRIVE UTILITY VEHICLES - SUBURBANS
In a letter to the Board, Mr. Matthew Chlebowski, Director, Division of Equipment Services,
requested permission to advertise for the receipt of bids for the above referred to vehicles.
- REMOVAL OF LOOSE CEILING MATERIALS - STUDEBAKER MUSEUM - PROJECT NO.
95-40
In a memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, submitted
a request to advertise for the receipt of bids for the above referred to project. Mr. Littrell stated that
this project will identify loose and unstable materials in the ceiling of the Studebaker National
Museum, and it is the second step in the process of being able to re -open the building to the public.
REQUESTS REFERRED:
Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following
requests were referred to the appropriate Bureaus and Departments for review and recommendation:
- TO CONDUCT ANNUAL MEMORIAL DAY PARADE
In a letter to the Board, Ms. Adeine Jaskowiak, Secretary, West Side Memorial Committee, South
Bend, Indiana, requested permission to conduct the annual Memorial Day Parade, Monday, May 29,
1995, beginning at 7:45 a.m. at Olive and Ford Streets, on a designated route as submitted to the
Board.
- TO CONDUCT THE SEVENTH ANNUAL P.O.W./M.I.A. HOSTAGE FREEDOM MARCH
In a letter to the Board, Mr. Bob Farkas, 68137 Lawndale Street, Edwardsburg, Michigan, submitted
a request to conduct the Seventh Annual P.O.W./M.I.A. Hostage Freedom March on August 12,
1995, beginning at 8:30 a.m. at the State Line, on a designated route as submitted to the Board.
APPROVE CLAIMS
Mr. Kevin Horton, City Controller, submitted claims in the amount of $1,135,460.84 and
recommended approval. Mr. Caldwell made a motion that the claims be approved and the reports
as submitted be filed. Mrs. Manier seconded the motion which carried.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Caldwell,
seconded by Mrs. Manier and carried, the meeting adjourned at 9:50 a.m.
BOARD OF PUBLIC WORKS
c
rJE. ynski, Pre i ent
4ames. CaldWdl, Member
Jenny Pitt Manier, Member
ATTEST:
"�Izotv
Angela . Jacob, Ci4k