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HomeMy WebLinkAbout09/06/94 Board of Public Works Minutesr, - 4666 REGULAR MEETING SEPTEMBER 6, 1994 The regular meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, September 6, 1994, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Jenny Pitts Manier and Mr. James R. Caldwell present. Also present was Board Attorney Mrs. Anne Bruneel. AGENDA ITEM STRICKEN Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the award of the Quotation for Alley Improvements.- East Bank Development Area, was stricken from the agenda at this time. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. Manier, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on August 29, 1994, were approved as submitted. OPENING OF BIDS - CONNECTING TUNNEL - COLLEGE FOOTBALL HALL OF FAME PROJECT This was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. It is noted that Powell Builders, 1713 South Bend Avenue, South Bend, Indiana, advised that they decline to bid on this project at this time. The following bids were opened and publicly read: REINKE CONSTRUCTION CORPORATION 1216 West Sample Street P.O. Box 3095 South Bend, Indiana 46619 Bid was signed by Mr. H. G. Reinke, Jr., President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (50) Bid Bond was submitted. BID: $545,000.00 HAGERMAN CONSTRUCTION CORPORATION P.O. Box 10690 Fort Wayne, Indiana 46853-0690 Bid was signed by Mr. Mark F. Hagerman, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: $328,000.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the above bids were referred to the Construction Manager for review and recommendation. OPENING OF BIDS - F. JAY NIMTZ PARKWAY - PHASE III It was noted that this was the date set for receiving and opening of sealed bids for the above referred to project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. 1 1 1 REGULAR MEETING SEPTEMBER 6, 1994 KANKAKEE VALLEY CONSTRUCTION COMPANY. INC. 2055 North 150 E. P.O. Box 1471 LaPorte, Indiana 46350 Bid was signed by Mr. James B. Nelson, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: BASE BID: $706,960.45 ALTERNATE NO. 1A: $ 43,500.00 ALTERNATE NO. 2A: $ 43,500.00 ALTERNATE NO. 3A: $ 33,500.00 ALTERNATE NO. 4A: $ 13,200.00 ALTERNATE NO. 4B: $ 7,000.00 ALTERNATE NO. 4C: $ 7,400.00 ALTERNATE NO. 4D: $ 960.00 ALTERNATE NO. 5A: $ 37,800.00 ALTERNATE NO. 5B: $182,000.00 ALTERNATE NO. 5C: $ 49,400.00 ALTERNATE NO. 5D: $ 56,000.00 ALTERNATE NO. 5E: $ 20,000.00 LA PORTE CONSTRUCTION COMPANY, INC. P.O. Box 577 LaPorte, Indiana 46350 Bid was signed by Mr. Thomas G. Blackburn, President, Non - Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: BASE BID: $708,341.31 ALTERNATE NO. 1A: $ 55,071.00 ALTERNATE NO. 2A: $ 88,783.50 ALTERNATE NO. 3A: $ 35,882.75 ALTERNATE NO. 4A: $ 11,723.26 ALTERNATE NO. 4B: $ 6,181.35 ALTERNATE NO. 4C: $ 6,607.65 ALTERNATE NO. 41): $ 852.60 ALTERNATE NO. 5A: $ 33,571.13 ALTERNATE NO. 5B: $162,298.52 ALTERNATE NO. 5C: $ 43,908.90 ALTERNATE NO. 51): $ 49,770.53 ALTERNATE NO. 5E: $ 17,478.32 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O. Box 1775 South Bend, Indiana 46634 Bid was signed by Mr. Richard A. Jankowski, Area Manager, Non -Collusion Affidavit was in order, Non-discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: BASE BID: $638,631.15 ALTERNATE NO. 1A: $ 24,795.00 ALTERNATE NO. 2A: $ 52,200.00 ALTERNATE NO. 3A: $ 35,655.00 ALTERNATE NO. 4A: $ 11,550.00 ALTERNATE NO.- 4B: $ 6,090.00 ALTERNATE NO. 4C: $ 6,510.00 _69 REGULAR MEETING SEPTEMBER 6, 1994 City would have transferred this Certificate had the Board been advised of its transfer. However, the Board did not have the opportunity to do so. Mrs. Bruneel stated that it is her opinion that the Board should accept and ratify the transfer of the Certificate of Mr. Walter Jones to Allied Cab and approve the new Certificate for Walter and Patricia Jones to operate the ABC Cab & Courier Service. Mr. Caldwell inquired if Allied Cab is requesting that the Certificate be transferred. Mrs. Bruneel advised that Allied Cab is operating under the assumption that the Certificate was transferred. Unfortunately, that transfer never came before the Board. However, it was the subject of litigation. Mr. Kevin Butler, Attorney at.Law, One Michiana Square, South Bend, Indiana, representing Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, was present and informed the Board that for a number of years, and up until last April, a committee was in place with representatives from taxicab companies along with a representative from the City Attorney's office for the purpose of preparing revisions to the licensing ordinance concerning taxicab companies. The current ordinance is not being enforced and it was thought that the ordinance should be revised and that no more licenses would be issued until that was accomplished. Mr. Butler noted that they went through the process, the committee developed a set of revisions to the ordinance but then nothing happened. Mr. Butler reiterated that it was his understanding that the issuance of more licenses would be put on hold until the City had an enforceable ordinance in place. Mr. Butler informed the Board that if the City is going to enforce the ordinance as it exists than they should be aware that there are a number of cabs be driven by individuals who are not licensed by the City. This includes Mr. Walter Jones. Mr. Butler stated that the legitimate companies are spending time and money to comply with the ordinance while others, that are unlicensed, but operating, are not. Mrs. Manier noted that she was aware that work was being done on revising the present ordinance. However, the revisions have not been finalized. Mrs. Manier further stated that the Board was advised by Mr. Jones on August 22, 1994, that he was not operating as a "gypsy" cab company but that he was operating in Roseland and in St. Joseph County. Mr. Butler stated that he is prepared to submit to the Board affidavits indicating the contrary. Mr. Caldwell reminded Mr. Butler that the Public Hearing on this matter was closed and therefore the submission of affidavits would not be allowed at this time. Therefore, Mr. Caldwell made a motion that the current Certificate of Public Convenience issued to Mr. Jones be transferred to the Allied Cab Company. Mr. Leszczynski seconded the motion which carried. Mr. Leszczynski inquired if perhaps the Board should consider a moratorium and not issue any more licenses until the licensing ordinance is revised. Mrs. Manier stated that the City currently does have an ordinance for licensing this operation and she is not sure what authority the Board has to call a moratorium. Mrs. Manier noted that she is not sure under what authority the Board previously called a moratorium on the issuance of licenses. Mrs. Manier further stated that she prefers to get the current ordinance revised in a timely fashion. At this time she noted that she would not support a continuation of a moratorium. Mrs. Manier raised the issue of whether the issuance of a new 468 REGULAR MEETING SEPTEMBER 6, 1994 ALTERNATE NO. 4D: $ 840.00 ALTERNATE NO. 5A: $ 33,075.00 ALTERNATE NO. 5B: $159,180.00 ALTERNATE NO. 5C: $ 43,260.00 ALTERNATE NO. 5D: $ 49,035.00 ALTERNATE NO. 5E: $ 171220.00 PHEND & BROWN, INC. P.O. Box 218 Milford, Indiana 46542 Bid was signed by Mr. Daniel F. Brown, Secretary -Treasurer, Non -Collusion Affidavit was in order, Non -Discrimination Commitment form was completed and a five per cent (5%) Bid Bond was submitted. BID: BASE BID: $779,130.11 ALTERNATE NO. 1A: $ 31,972.50 ALTERNATE NO. 2A: NO BID ALTERNATE NO. 3A: $ 37,437.75 ALTERNATE NO. 4A: $ 11,550.00 ALTERNATE NO. 4B: $ 6,090.00 ALTERNATE NO. 4C: $ 6,510.00 ALTERNATE NO. 4D: $ 840.00 ALTERNATE NO. 5A: $ 33,075.00 ALTERNATE NO. 5B: $159,180.00 ALTERNATE NO. 5C: $ 43,260.00 ALTERNATE NO. 5D: $ 49,035.00 ALTERNATE NO. 5E: $ 17,220.00 Mr. Caldwell made a motion Division of Engineering fo Manier seconded the motion WITHDRAWN - that these bids be referred r review and recommendation. which carried. to the Mrs. IFICATE OF PUBLIC CONVENIENCE - HUEY SCHOBY, D/B/A C.B.S.M. BUS SERVICE, INC Mr. Leszczynski reminded members of the Board that on August 22, 1994, the Board tabled the matter of the Certificate of Public Convenience for Mr. Huey Schoby, d/b/a C.B.S.M. Bus Service, Inc., until this date in order to give Mr. Schoby an opportunity to meet with Board Attorney Anne Bruneel to review the licensing ordinance concerning the operation of a taxicab business. At this time Mr. Schoby has advised that he wishes to withdraw his application for a Certificate of Public Convenience. Therefore, Mr. Leszczynski made a motion that the application be withdrawn. Mr. Caldwell seconded the motion which carried. NEW PUBLIC HEARING SCHEDULED - CERTIFICATE OF PUBLIC CONVENIENCE WALTER AND PATRICIA JONES It was noted that on August 22, 1994, a Public Hearing on the application for a new Certificate of Public Convenience for Walter and Patricia Jones, 5019 Bloomfield Place, South Bend, Indiana, was conducted. At that time, the Board determined that it would not make a recommendation concerning this application until Board Attorney Anne Bruneel had an opportunity to meet with Mr. Jones and discuss the circumstances surrounding his current Certificate of Public Convenience. It was further decided that on this date the Board would make a determination and recommendation concerning Mr. Jones' application to operate ABC Cab and Courier Service. Board Attorney Anne Bruneel informed members that she met with Mr. Jones and he presented to her some of the documents pertaining to the lawsuit where his Certificate of Public Convenience was at issue as being an asset of his corporation. Mrs. Bruneel noted that she has been through the files and it appears to her that the REGULAR MEETING SEPTEMBER 6, 1994 Certificate is an issue of public convenience and necessity. Board member Mr. Caldwell made a motion that the Certificate of Public Convenience for Walter and Patricia Jones be approved. For lack of a second, the motion died. Mrs. Manier advised that she is concerned about representations made by Mr. Butler that Mr. Jones has been operating a taxicab business in South Bend without a license in South Bend even through Mr. Jones has denied such an operation. Mrs. Manier stated that this is an issue of significant importance that the Board should receive this information. Mrs. Manier inquired of Mr. Jones if he does pick-up passengers at the airport. Mr. Jones stated that at some point he has but further advised that he is not allowed to sit at the airport for fares. Mrs. Manier stated that she is concerned that Mr. Jones is operating a taxicab business without a license. She noted that the issue is whether the public convenience and necessity would be facilitated by the issuance of this license. Whether Mr. Jones is operating relative to that issue. It is her concern that this action does not look favorable in light of his request for a license. Mrs. Manier concluded by stating that she would like to, say that she is not impressed. Mr. Jones addressed the Board and stated that he does not know what to do. He stated that he believes the Board is being unfair at this time in that he has not been cited and does not have any violations against him. He further stated that he did advise the Board that he utilizes his cabs downtown as he does do courier work. Ms. Darlene Horvath, Office Manger, Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, informed the Board that she had called the office of the Board of Public Works, to advise that Mr. Jones is operating in the City as a taxicab operation. Mr. Leszczynski advised Ms. Horvath that the Public Hearing on this matter has been concluded and she may not address the Board. Mrs. Manier again stated that she is concerned that the Board is being advised that Mr. Jones is operating without a license. After discussion concerning the next step to be taken by the Board, it was determined that the best course of action would be for the Board to conduct another Public Hearing concerning the Certificate of Walter and Patricia Jones. Mrs. Manier noted that she would not be opposed to that course of action. Therefore, Mr. Leszczynski made a motion that the Board conduct another Public Hearing on the Certificate of Walter and Patricia Jones at the earliest possible time after legal publication of said Notice in the South Bend Tribune and Tri-County News. Mrs. Manier seconded the motion which carried. PUBLIC HEARING - CERTIFICATE OF PUBLIC CONVENIENCE - JAMES GUY D/B/A UNIVERSAL CAB COMPANY AND LIMO SERVICES, LTD. Mr. Leszczynski advised that this was the date set for the Board's Public Hearing concerning the application for a Certificate of Public Convenience as filed by Mr. James A. Guy, II, 2421 1/2 Bertrand, South Bend, Indiana, to operate the Universal Cab Company & Limo Services, Ltd., P.O. Box 215, South Bend, Indiana. Mr. Guy was present and informed the Board that his original application was filed with the Board on September 8, 1992. A revised application was filed with the Board on October 12, 1992. At that time a Public Hearing was not set but instead the application was tabled pending review of the taxicab ordinance. 1 E 71 REGULAR MEETING SEPTEMBER 6, 1994 Mr. Guy further stated that today is the first time he has come before the Board in a Public Hearing concerning his application. Mr. Guy asked that the Board approve his application. He noted that he has been operating as a limo service, that he is licensed in Michigan City and he desires to conduct his business in South Bend. He stated that he believes he can be stiff competition to the major taxicab companies operating in South Bend. Mr. Guy noted that they have not interfered with each other at this point. Mr. Guy further stated that he picks up passengers by appointment, is certified to pick-up medicaid patients and is currently insured. Mr. Caldwell asked Mr. Guy if he is picking up people. Mr. Guy stated that he is picking up passengers by appointment. Mr. Caldwell asked what the difference was and Mr. Guy stated that his appointments are pre -arranged. Mr. Caldwell stated that it sounds to him like Mr. Guy is operating a cab company. Mr. Guy stated that he is operating a limo service and he takes passengers from one point to another at a flat rate without the use of a meter. Mrs. Manier asked Mr. Guy where his office is located. Mr. Guy stated that he is operating out of his home but is negotiating with Amtrack for space in their building. Mr. James Payton, Mishawaka Cab, Inc., 58861 State Road 331, Mishawaka, Indiana, advised the Board that four (4) years ago he was before the Board trying to secure a Certificate of Public Convenience and he went through a lot to secure such a license. Mr. Payton stated that Mr. Guy has been operating as a taxicab no matter what he calls himself. Mr. Payton stated that he has seen Mr. Guy at the airport and at the Amtrack station and it is not fair to the companies that are licensed because he has been operating and only now is applying for this license. Mr. Roger Woods, Roseland Cab Company, P.O. Box 643, Notre Dame, Indiana, stated that the word "limo" is the problem as far as what is legal and what is illegal. He noted that anyone can operate a limo service without a license from the City of South Bend and this is what Mr. Jones has been doing. Mr. Woods stated that he also has a van that he operates as a limo service but he cannot park it in the taxi lanes at the airport. Mr. Woods noted that cab companies from Elkhart, Plymouth and Culver can be seen in the City. Those fares do not originate in South Bend but conclude in South Bend. Mr. Woods stated that he has been asking the City for twelve (12) years to tell him the difference between a taxicab company and a limo service. He stated that as long as the word limo is on the vehicle, the City does not care. He further stated that Mr. Guy picks up the general public and charges by the meter. Mr. Woods stated that the Buick driven by Mr. Guy does have a meter. Mr. Guy replied that that vehicle is leased to the Courtesy Cab Company. Mr. Woods stated -that for the last two (2) years Mr. Guy has been operating as a taxicab company under the premise of a limo service. Mr. Woods stated that a colleague of his has a letter from the City stating that the City does not regulate limo services. He noted that a committee was formulated to look at the current ordinance and representatives from some of the smaller cab companies were invited to participate on that committee. He reiterated that he has been waiting for twelve (12) years to get the rules straight and it is very confusing to those operating. He stated that anyone can pickup at the airport, in Roseland or the county. Mr. Woods stated that before he secured a license from the City, he spoke to County Commissioner Richard Larrison who indicated that he would assist him in securing a license. 472 REGULAR MEETING SEPTEMBER 6, 1994 Ms. Darlene Horvath, 2102 Kemble, South Bend, Indiana, Office Manager, Yellow Cab Company of South"Bend, 710 North Niles Avenue, South Bend, Indiana, informed the Board that she saw Mr. Guy at the airport in a grey station wagon and he has been seen by others on a number of occasions. The airport has advised her that Mr. Guy is not allowed out there to pickup passengers. She noted that he has also been seen at other locations in town. Ms. Horvath submitted to the Board an Affidavit indicating that she has received reports from dispatchers stating that Walter Jones and James Guy have been seen at both Notre Dame and MRA loading and unloading passengers. The affidavit further states that Ms. Horvath has personally seen Mr. James Guy at the airport picking up passengers and he had no City tag on the back of his vehicle. Ms. Horvath noted that apparently Mr. Guy can go to the airport but be cannot park in the taxi lane. Mr. Woods informed the Board that Mr. Guy was parked in the taxi lane. Mr. Kevin Butler, Attorney at Law, One Michigan Square, South Bend, Indiana, representing Yellow Cab Company of South Bend, 710 North Niles Avenue, South Bend, Indiana, stated that in addition to determining whether there is a need for additional service, the Board is to determine that the applicant is fit and able to perform the services required in conformance to the ordinance. Mr. Butler noted that he believes it is a significant fact that some of the applicants have been operating in violation of the ordinance. Mr. Butler stated that Yellow Cab Company is not concerned with the competition these companies may produce if they are legally operating. Mr. Butler further stated that too many individuals are operating without being in compliance with the ordinance. Mr. Guy stated that he picks up confirmed appointments and he has never been in the taxi lanes at the airport. He stated that he does have two (2) grey station wagons, one of which is being used by another company. Mr. Guy further noted that he has been called by other cab companies to handle the overflow that they cannot handle. Ms. Horvath replied that that is not true as far as Yellow Cab Company is concerned. Mrs. Manier questioned the affidavit submitted by Ms. Horvath and asked Ms. Horvath if she had any specific dates and times that Mr. Guy was seen operating. She noted that she does not have specifics but she has personally witnessed him at the airport. Mr. Leszczynski pointed out that observing Mr. Guy at the airport does not answer the question of whether he was picking up someone or whether he took them to the airport. At this time, Mr. Caldwell made a motion that the Public Hearing concerning this application be closed. Mr. Leszczynski seconded the motion which carried. Mr. Caldwell inquired of Board Attorney Anne Bruneel whether a taxicab business can operate with a business address as a post office box. Mrs. Bruneel stated that that issue is subject to interpretation. Mr. Caldwell noted that Mr. Guy lists a post office box as his business address. In response to an inquiry from Mrs. Manier, Mr. Guy stated that he resides at 2421 1/2 Bertrand and will operate from that location until permanent office space can be found. Mr. Caldwell noted that the Certificate of Insurance submitted with the application has expired. Mr. Guy submitted to the Board a new Certificate which the Board accepted for filing. Mr. 1 " 73 REGULAR MEETING SEPTEMBER 6, 1994 Caldwell further noted that the Certificate is in the name of M & J Enterprises, Ltd., P.O. Box 215, South Bend Station, South Bend, Indiana. Mr..Guy noted that his original application for a Certificate was in the name of M & J Enterprises, d/b/a Universal Cab. Mr. Guy informed the Board that M & J Enterprises is the owner of the equity but M & J Enterprises is not the applicant. Mrs. Manier stated that the Certificate of Insurance should be in the same name as the applicant. Mrs. Manier made a motion that the Board table making a recommendation of this application for two (2) reasons. First, to confirm that the Certificate of Insurance applies to operations of the applicant and in order to give the Board attorney an opportunity to inquire about the ability of cabs to pick up at the airport and take to locations out of the City. This appears to be what is happening with unlicensed individuals. Mr. Leszczynski seconded the motion which carried. ADOPT RESOLUTION NO._34-1994 - APPROVING THE TRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE Fire Chief Luther Taylor advised that the Department would like to declare obsolete vehicle for the purpose of trading it in on a program vehicle from Gates Chevrolet of South Bend. Chief Taylor reminded members of the Board that Gates Chevrolet was the successful bidder in 1994 for vehicles purchased by the City. Gates will provide one (1) 1993 Chevrolet Lumina for the bid price of $10,900.00 and the City will receive a $1,500.00 trade allowance on the obsolete vehicle for a total price of $9,400.00. Mr. Caldwell made a motion that the appropriate Resolution which has been prepared be adopted. Mrs. Manier seconded the motion which carried and the following Resolution No. 34-1994 was adopted: RESOLUTION NO. 34-1994 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded for property of a similar nature: ONE (1) 1990 CHEVROLET - VIN. #1G1BL5472LA149036 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is of a similar nature to the above -described property and should be purchase with the above described property being traded in for the following property: ONE (1) 1993 CHEVROLET LUMINA VIN. #(2G1WL54T7P1160211 WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade in or exchange City -owned property for partial or full reduction in the purchase price of the property of a similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded in for the following described property of a similar nature: REGULAR MEETING SEPTEMBER 6, 1994 PROPERTY TO BE TRADED -IN: ONE (1) 1990 CHEVROLET - IGlBL5472LA149036 PROPERTY TO BE PURCHASED: ONE (1) 1993 CHEVROLET LUMINA - VIN. #2G2WL54T7P11602ll 2. That the latter described property, in No. 1 immediately above, shall be purchased from Gates Chevrolet, 401 South Lafayette Boulevard, South Bend, Indiana, 46601, for the amount of $9,400.00 which includes a trade-in value of $1,500.00 for the property, in No. 1 immediately above. 3. That the traded in or exchanged property, to wit: ONE (1) 1990 CHEVROLET - VIN. #1G1BL5472LA149036 shall be removed from the inventory of the City of South Bend. Adopted this 6th day of September, 1994. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND s/John E. Leszczynski, President s/James R. Caldwell, Member s/Jenny Pitts Manier, Member ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE PROPOSAL - DEVELOPMENT OF A COMPREHENSIVE HAZARDOUS AND SPECIAL WASTE MANAGEMENT PROGRAM FOR THE CITY - TRIAD ENGINEERING Mr. Leszczynski advised that the Board is in receipt of a Proposal for Engineering Services from Triad Engineering, Inc., 325 East Chicago Street, Milwaukee, Wisconsin, to develop a comprehensive hazardous and special waste management program for the City. It is noted that Triad proposes to conduct the initial scoping phase of this project for a fixed fee of five thousand dollars ($5,000.00). Mr. Leszczynski made a motion that this Proposal be approved and executed. Mrs. Manier seconded the motion which carried. APPROVE PROPOSAL - MIAMI ROAD SANITARY SEWER STUDY - KEN HERCEG & ASSOCIATES Mr. Carl P. Littrell, Director, Division of Engineering, submitted to the Board a Proposal between the City and Ken Herceg & Associates, Inc., 224 West Jefferson Boulevard, Suite 200, South Bend, Indiana, for an engineering study for provision of sanitary sewer service to the residents of the existing thirteen (13) residential houses and the Baptist Church that is on the west side of Miami Road, north of Kern Road. This study will determine the best means of providing sewer service to this area. The fee for this work shall be one thousand eight hundred eighty-five dollars ($1,885.00). Mr. Leszczynski made a motion that this Proposal be approved. Mr. Caldwell seconded the motion which carried. APPROVE ENGINEERING SERVICES AGREEMENT - EDISON ROAD WEST SEWER CORRIDOR STUDY - COLE ASSOCIATES In a Memorandum to the Board, Mr. Carl P. Littrell, Director, Division of Engineering, requested approval of an Agreement between the City and Cole Associates, 2211 East Jefferson Boulevard, South Bend, Indiana, for an engineering study for extension of a trunk sanitary sewer westward along Edison Road 475 REGULAR MEETING SEPTEMBER 6, 1994 from its current terminus at Dickinson School. The study will determine the best means of utilizing the existing sewer capacity to extend the trunk line to serve the Airport 2010 Development Area. It is noted that Cole Associates shall be paid three thousand dollars ($3,000.00) for these services. Mr. Leszczynski made a motion that this Agreement be approved. Mrs. Manier seconded the motion which carried. APPROVE CONTRACT —PIERCE MANUFACTURING - RESCUE VEHICLE Fire Chief Luther Taylor submitted to the Board a Contract between the City and Pierce Manufacturing, Inc., Appleton, Wisconsin. It is noted that on August 29, 1994, the Board awarded the bid of Pierce Manufacturing, Inc., 2600 American Drive, Appleton, Wisconsin, represented by Midwest Fire & Safety of Indianapolis, Indiana, in the amount of $258,182.95 for one (1) heavy duty 36,000 GVW Rescue vehicle. In conjunction with that award, Pierce has asked that the Board execute the Contract which they have now submitted. Therefore, Mrs. Manier made a motion that the Contract be approved. Mr. Caldwell seconded the motion which carried. APPROVE WASTEWATER DISCHARGE PERMIT In a Memorandum to the Board, Mr. Ken Zmudzinski, Pretreatment Coordinator, Division of Environmental Services, submitted a Wastewater Discharge Permit for AlliedSignal, Inc., 717 North Bendix Drive, South Bend, Indiana. Mr. Zmudzinski noted that this is a new permit for the groundwater protection program which AlliedSignal has run for many years. The permit formalizes monitoring and reporting which AlliedSignal has forwarded to the City for years. The monitoring parameters and reporting requirements for AlliedSignal remain unchanged. Mr. Leszczynski made a motion that this Wastewater Discharge Permit be approved. Mrs. Manier seconded the motion which carried. APPROVE IRREVOCABLE STANDBY LETTER OF CREDIT - MAYFLOWER 8TH ADDITION Mr. Larry D. Spradlin, Sr., Engineer, Division of Engineering, submitted the following Irrevocable Standby Letter of Credit to the Board and recommended approval: IRREVOCABLE STANDBY LETTER OF CREDIT NO. S94/92943 ISSUED BY• FOR: AMOUNT• EXPIRES: IMPROVEMENT• Society National Bank International Operations 127 Public Square Cleveland, Ohio 44114 COKER CONSTRUCTION 3516 Sorin Street South Bend, Indiana $50,000.00 January 31, 1995 Mayflower 8th Addition Mr. Caldwell made a motion that this Letter of Credit be approved. Mrs. Manier seconded the motion which carried. APPROVE CONSENT TO ANNEXATION AND WAIVER OF RIGHT TO REMONSTRATE Mr. Leszczynski stated that the Board is in receipt of a Consent to Annexation and Waiver of Right to Remonstrate as submitted by J. J. R. Phillips. 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 109 Dixie Way North, South Bend, Indiana, (Key #03-1134-0336), J. J. R. Phillips waives and releases any and all right to remonstrate against or oppose any pending or future annexation of the property by the City of 4� REGULAR MEETING SEPTEMBER 6, 1994 South Bend. Therefore, Mr. Caldwell made a motion that the Consent be approved. Mrs. Manier seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - CHIPPEWA AVENUE STORM WATER CONTROL SYSTEM —DIVISION "B" GOLF COURSE CHANNEL Mr. Carl P. Littrell, Director, Division of Engineering, requested that the Board advertise for the receipt of bids for the above referred to project. Mr. Littrell noted that this is the storm water relief channel from the Erskine Plaza basin to the new Chippewa Avenue basin that winds through the Erskine Park Golf Course. Mr. Leszczynski made a motion that this request be approved. Mrs. Manier seconded the motion which carried. APPROVE CHANGE ORDERS - COLLEGE FOOTBALL HALL OF FAME PROJECT Mr. Leszczynski advised that Verkler, Inc., 4406 Technology Drive, South Bend, Indiana, has submitted the following Change Orders in conjunction with the College Football Hall of Fame Project: CHANGE ORDER NO. 16.60-01 CONTRACTOR: ORIGINAL CONTRACT SUM: DECREASE: NEW CONTRACT AMOUNT: CHANGE ORDER NO. 4.00-02 CONTRACTOR: ORIGINAL CONTRACT SUM: INCREASE: NEW CONTRACT AMOUNT: CHANGE ORDER NO. 15.20-01 CONTRACTOR: ORIGINAL CONTRACT SUM: INCREASE: NEW CONTRACT AMOUNT: Johnson Controls, Inc. 4312 Technology Drive South Bend, Indiana $54,800.00 $ 115.00 $54,685.00 Reinke Construction P.O. Box 3095 South Bend, Indiana $353,000.00 $ 2,174.14 $355,705.21 O. J. Shoemaker P.O. Box 4037 South Bend, Indiana $335,400.00 $ 17,500.00 $352,900.00 Corporation Mr. Caldwell made a motion that the above referenced Change Orders be approved. Mr. Leszczynski seconded the motion which carried. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT - WASHINGTON/WALNUT CURB AND SIDEWALK IMPROVEMENTS AND INTERSECTION ALIGNMENT PROJECT (WEST WASHINGTON STREET Mr. Leszczynski advised that Ziolkowski Construction, Inc., 1005 South Lafayette Boulevard, P.O. Box 1106, South Bend, Indiana, has submitted Change Order No. 1 (Final) indicating that the Contract amount for the above referred to project be increased by $1,738.35 for a new contract sum, including this Change Order, in the amount of $51,920.42. Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. 1 L 1 REGULAR MEETING SEPTEMBER 6, 1994 APPROVE CONSTRUCTION CONTRACT - LEVEL CONTROLS MODIFICATIONS - I/N KOTE LIFT STATIONS NO. 1 THROUGH NO. 4 Mr. Leszczynski advised that in accordance with the bid awarded on August 8, 1994, to Gasvoda & Associates, Inc., 1530 Huntington Drive, Calumet City, Illinois, in the amount of $23,266.00 for the above referred to project, a Contract in said amount was being submitted for Board approval. Upon a motion made by Mrs. Manier, seconded by Mr. Caldwell and carried, the Contract was approved. AWARD BID - TEMPERATURE CONTROL - COLLEGE FOOTBALL HALL OF FAME PROJECT Mr. Leszczynski advised that it has been recommended that the Board award the bid of Havel Brothers, (Division of Shambaugh & Sons, Inc.), P.O. Box 11269, Fort Wayne, Indiana, in the amount of $ for the temperature/energy control system for the College Football Hall of Fame Project. It is noted that bids for this system were opened by the Board on January 6, 1994. Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded. Mrs. Manier seconded the motion which carried. AWARD BID - LOCKS, STRIKES, PINS - RESIDENTIAL LOCK PROGRAM Sergeant George R. Gherardi, Director, Crime Prevention Unit, South Bend Police Department, advised the Board that he has reviewed the single bid received on August 22, 1994, for the Residential Lock Program and found that the bid meets the specifications required. Therefore, Sergeant Gherardi recommended that the Board award the bid of Michiana Lock & Key, 306 West Monroe Street, South Bend, Indiana, as follows: Kwikset Model KW-587x3 double cylinder deadbolt with captive key, per lock: $37.67 Installation of above deadbolt, per lock: $10.00 MAG Model MG-747x3 reinforced deadbolt lock strike, per unit: $ 8.51 Installation of reinforced deadbolt strike, per strike: $ 4.50 MAG Model 8752 window pin, per pin $ 1.75 Installation of window pin, per pin $ 1.50 Mr. Caldwell made a motion that the recommendation be accepted and the bid be awarded as outlined above. Mrs. Manier seconded the motion which carried. AWARD QUOTATION - SANITARY SEWER CONNECTIONS LOCATED AT THE FORMER CENTRAL HIGH SCHOOL AT 317 W. WASHINGTON Mr. Carl P. Littrell, Director, Division of Engineering, advised that on August 29, 1994, the Board opened two (2) lump sum Quotations for the above referred to project. Mr. Littrell noted that he has reviewed the Quotations and found the amounts correct as read at the meeting. Therefore, Mr. Littrell recommended that the Board award the low Quotation submitted by H. DeWulf, Inc., P.O. Box 5127, South Bend, Indiana, in the amount of $24,054.00. Mrs. Manier made a motion that this recommendation be accepted and the Quotation be awarded. Mr. Caldwell seconded the motion which carried. AWARD QUOTATION - PEASHWAY ST./LEEPER AVENUE LIGHT POST INSTALLATION In a Memorandum to the Board, Mr. Carl P. Littrell, Director, 478 REGULAR MEETING SEPTEMBER 6, 1994 Division of Engineering, informed members of the Board that he has reviewed the two (2) lump sum Quotations received on August 29, 1994, for the above referred to project and found that the amounts were correct as read at that meeting. Mr. Littrell now recommends that the Board accept and award the low Quotation submitted by Trans Tech Electric, Inc., P.O. Box 3915, South Bend, Indiana, in the amount of $4,680.00. Mr. Caldwell made a motion that the Quotation be awarded. Mrs. Manier seconded the motion which carried. REQUESTS APPROVED: TO ST. JOSEPH HIGH SCHOOL TO CONDUCT ANNUAL WALK-A-THON - OCTOBER 23, 1994 OF SINAI SYNAGOGUE TO REMOVE PARKING RESTRICTIONS IN VICINITY OF SYNAGOGUE AT 1102 E. LA SALLE IN CONJUNCTION WITH HIGH HOLY DAYS - SEPTEMBER 6-7, 1994 AND SEPTEMBER 14-15, 1994 OF TEMPLE BETH-EL TO ALLOW PARKING ON BOTH SIDES OF WEST MADISON AND N. LAFAYETTE, AROUND THE TEMPLE, IN CONJUNCTION WITH HOLY DAY SERVICES - SEPTEMBER 5-6, 1994 AND SEPTEMBER 14-15, 1994 TO CLOSE ACADEMY PLACE, FROM RIVERSIDE DRIVE TO INGLEWOOD, FOR BLOCK PARTY - SEPTEMBER 11, 1994 TO CLOSE LA PORTE STREET, FROM WASHINGTON TO COLFAX, FOR HISTORIC DISTRICT YARD SALE - SEPTEMBER 17, 1994 TO CLOSE BYRON DRIVE, FROM YORK TO WOODVALE, FOR NEIGHBORHOOD BLOCK PARTY - SEPTEMBER 17, 1994 TO CLOSE LONGFELLOW AVENUE, FROM SUNNYSIDE TO THE JUST BEFORE MISHAWAKA AVENUE, FOR BLOCK PARTY - SEPTEMBER 17. 1994 Mr. Leszczynski advised that the above referred to requests, which were submitted to the Board on July 11, 1994, August 22, 1994, and August 29, 1994, have been reviewed by the appropriate City departments and bureaus and approval is recommended. Therefore, Mr. Leszczynski made a motion that the requests be approved. Mr. Caldwell seconded the motion which carried. REQUESTS REFERRED: Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following requests were referred to the appropriate_ City departments and bureaus for review and recommendation: FOR DESIGNATED HANDICAPPED PARKING SPACE AT 1820 KENDALL STREET Ms. Marge Dudeck, on behalf of her mother, Ms. Victoria Wukovich, 1820 South Kendall Street, South Bend, Indiana, requested that the parking space in front of her mother's house be designated as a handicapped parking space. Ms. Dudeck noted that her mother is ninety-two (92) years old and has a difficult time walking any distance. As there are quite a few rental properties in the neighborhood with the occupants owning three (3) to five (5) vehicles, it makes parking very difficult. OF PEOPLE AGAINST CRIME TO CONDUCT WALK - SEPTEMBER 23, 1994 Ms. Barbara Dillard, 2115 Glen Street, South Bend, Indiana, on behalf of People Against Crime, requested permission to 1 7 REGULAR MEETING SEPTEMBER 6, 1994 conduct a Walk on Friday, September 23, 1994, from 5:30 p.m. to 7:00 p.m., utilizing the route which was submitted with the request. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mrs. Manier and carried, the following eight (8) traffic control devices were approved: 1. NEW INSTALLATION: STOP SIGN LOCATION: William Richardson Court and Ralph Jones Drive - north east corner 2. REMOVAL OF: 30 MINUTE PARKING REVISED TO: ONE (1) HOUR PARKING 6 A.M. TO 6 P.M. LOCATION: 1800 block of South Main Street - east side. To increase parking turnover. REMARKS: Request made by 1814 South Main Street. All businesses are in agreement. Frank's Florist - 1812 South Main, Computer Associates at 1814 South Main and Wells Electronics at 1818 South Main Street 3. REMOVAL OF: HANDICAP PARKING SPACE LOCATION: 1006 East Wayne Street REMARKS: Signs not needed 4. REMOVAL OF: HANDICAP PARKING SPACE LOCATION: 309 North Huey REMARKS: Signs not needed 5. NEW INSTALLATION: HANDICAP PARKING SPACE LOCATION: 442 South Kosciuszko REMARKS: Mrs. Audrey Dudek has met all the requirements 6. NEW INSTALLATION: HANDICAP PARKING SPACE LOCATION: 134 East Dubail REMARKS: Mrs. Turner has met all the requirements 7. NEW INSTALLATION: NO PARKING LOCATION: On Scottswood - Twyckenham 250' west (both sides) 8. NEW INSTALLATION: NO PARKING LOCATION: On Portage - Lathrop to City limits - both sides FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORTS Mr. Leszczynski advised that the Department of Code Enforcement has submitted two (2) lists containing seventy-two (72) City owned and miscellaneous properties which were cleaned by the Department from August 22, 1994 to August 26, 1994. Therefore, Mr. Leszczynski made a motion that these lists be accepted for filing. Mrs. Manier seconded the motion which carried. 480 REGULAR MEETING SEPTEMBER 6, 1994 FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, a Certificate of Insurance for the following company was accepted for filing: 1. Gibson -Lewis, Inc. P.O. Box 488 Mishawaka, Indiana 46546 APPROVE CLAIMS Mr. Kevin Horton, City Controller, submitted claims in the amount. of $558,299.89 and recommended approval. Mr. Caldwell made a motion that the claims be approved and the report as submitted be filed. Mr. Leszczynski seconded the motion which carried. FAREWELL TO CLERK OF THE BOARD - SANDRA M. PARMERLEE Members of the Board bid farewell and thanked Sandra M. Parmerlee for her eleven (11) years of service as the Clerk of the Board of Public Works and Board of Public Safety. Ms. Parmerlee has accepted a position as Deputy City Clerk with the City Clerk's office effective September 12, 1994. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Caldwell and carried, the meeting was adjourned at 10:25 a.m. BOARD OF PUBLIC WORKS Jon E. Lesz silent ames 1. Caldwell/ Member r y enny Pi is Manier, Member ATTEST: a 1 1 LJ