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Home My WebLink About11/06/89 Board of Public Works Minutes331 REGULAR MEETING NOVEMBER 6, 1989 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, November 6, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski, Mrs. Patricia E. DeClercq and Ms. Katherine Humphreys present. Also present was Assistant City Attorney Jenny Pitts Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the minutes of the regular meeting of the Board held on October 30, 1989, were approved. OPENING OF BIDS - CENTREX COMPATIBLE TELEPHONE SYSTEM FOR EMPLOYMENT AND TRAINING SERVICES OF ST. JOSEPH COUNTY (115 NORTH WILLIAM STREET) AND FILING OF APPLICATIONS FOR BIDDER QUALIFICATION This was the date set for receiving and opening of sealed bids for the above referred to telephone system. 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: AT & T 404 Columbia Place, Suite 210 South Bend, Indiana 46601 Bid was signed by Mr. Randall Youts, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: $61,694.00 Total Equipment Costs - 115 N. William $20,362.00 Total Equipment Costs - 203 S. William $33,165.00 Total Equipment Costs - Both locations $53,527.00 Total Installation Costs - 115 N. William $ 3,061.00 Total Installation Costs - 203 S. William $ 5,106.00 Total Installation Costs - Both locations $ 8,167.00 Total Equipment/Installation - Both locations $61,694.00 EXECUTONE NORTHERN INDIANA, INC. 25453 West State Road 2 South Bend, Indiana 46619 Bid was signed by Mr. John J. Tibma, Non -Collusion Affidavit was in order and a Cashier's Check in the amount of $3,098.60 was submitted. BID: Equipment Costs: $24,862.00 Labor: $ 5,189.00 Miscellaneous Hardware: $ 1,335.00 TOTAL: $31,386.00 LESS TRADE $ - 400.00 NET TOTAL: $30,986.00 332 REGULAR MEETING NOVEMBER 6, 1989 FIXAFONE OF MICHIANA, INC. 312 Lincolnway East Mishawaka, Indiana 46544 Bid was signed by Mr. John Behmer, President, Non -Collusion Affidavit was in order and a Certified Check in the amount of $4,000.00 was submitted. BID: Total Equipment Costs $30,387.10 Total Installation Charges $ 4,250.00 Total Costs of Equipment Proposed $34,637.10 TRADE-IN -$ 800.00 TRI-ELECTRONICS, INC. 6231 Calumet Avenue P.O. Box 4310 Hammond, Indiana 46324 Bid was signed by James V. Donovan, President, Non -Collusion Affidavit was in order and a Certified Check in the amount of $3,867.00 was submitted. BID: $38,661.00 includes installation and one (1) year's maintenance. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the above bids were referred to Employment Training Services of St. Joseph County for review and recommendation and the Applications for Bidder Qualification as submitted with the bids were accepted for filing and referred to the Affirmative Action Review Committee for review and recommendation. ADOPT RESOLUTION NO. 43-1989 - AUTHORIZING THE CITY ENGINEER TO PETITION THE COMMON COUNCIL TO AMEND SECTIONS 20-112 AND 20-113 OF THE SOUTH BEND MUNICIPAL CODE Mr. Leszczynski advised that Resolution No. 43-1989 authorizing the City Engineer to petition the Common Council to amend Sections 20-112 and 20-113 of the Municipal Code has been submitted to the Board for adoption. Board Attorney Jenny Pitts Manier indicated that the Board of Public Works has jurisdiction over traffic regulations. Rather than have the Board file an amendment to the Municipal Code with the Common Council, this Resolution authorizes the City Engineer to file the amendment. Ms. Manier noted that the change is in the Mobility Handicapped Parking ordinance. The amendment deletes the requirement that the curbs be painted blue and confirms the increases in the fine for violations of this section. This Resolution submitted to the Board today indicates the Board's approval of this change. Mr. Leszczynski noted that there have been problems in the enforcement of the ordinance during the winter when the blue curbs are not visible. He reiterated Ms. Manier's comments that the proposed amendment to the Mobility Handicapped Parking ordinance takes away the blue curb requirement. He noted that the appropriate signs are already visible and that the handicapped parking spaces in the downtown area will continue to be painted blue even though it will not be required. 333 REGULAR MEETING NOVEMBER 6, 1989 Therefore, upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following Resolution No. 43-1989 was adopted: RESOLUTION NO. 43-1989 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE CITY ENGINEER TO PETITION THE COMMON COUNCIL OF THE CITY OF SOUTH BEND TO AMEND SECTIONS 20-112 AND 20-113 OF THE SOUTH BEND MUNICIPAL CODE WHEREAS, the Board of Public Works for the City of South Bend (hereinafter, "the Board"), is empowered, under I.C. 36-9-6-2 and Section 20-3 of the South Bend Municipal Code, to supervise all streets and public ways located within the corporate boundaries of the City of South Bend, to regulate parking along streets and public ways located within the City, and to erect and install parking control devices designating such parking restrictions as are determined by the Board; and WHEREAS, included among such powers is the power to designate certain streets and/or parts thereof as areas where parking is restricted for use by mobility handicapped persons, known more commonly as "handicapped parking spaces," and to erect and install the appropriate traffic control devices therefore; and WHEREAS, there is in effect within the City of South Bend, Section 20-112 of the South Bend Municipal Code, regulating handicapped parking spaces on public property, which provides, among other matters, that handicapped parking spaces shall be designated by both the appropriate sign and a blue curb; and WHEREAS, it has been determined by the Board that the blue curb requirement of Section 20-112(d) of the South Bend Municipal Code is unnecessary for the fair and efficient enforcement of handicapped parking restrictions approved by the Board; and WHEREAS, the Common Council of the City of South Bend, has, by Ordinance 7992-89, designated a fine of fifty dollars ($50.00) as the fine payable through the City's Ordinance Violations Bureau for violations of Section 20-112 of the South Bend Municipal Code. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. That the blue curb requirement of Section 20-112(d) of the South Bend Municipal Code, concerning the designation of handicapped parking spaces, shall be, and hereby is, found to be unnecessary. 2. That the Board directs the City Engineer and/or his designee, to petition the Common Council of the City of South Bend, to amend Sections 20-112 and 20-113 of the South Bend Municipal Code as follows: Section 20-1-1-2. Designation of Handicapped Parking Spaces. (a) Any person on behalf of any mobility handicapped person or authorized group organization representing the handicapped may request the Board of Public Works to designate a space for handicapped parking. 334 REGULAR MEETING NOVEMBER 6, 1989 (b) The Board shall refer such request(s) to the Bureau of Traffic & Lighting for review and recommendation. (c) Upon the receipt of the Bureau of Traffic & Lighting's review and recommendation, the Board shall either accept, modify or deny said recommendation. (d) Upon the Board's designation of a space for handicapped parking, 16444t¢¢/154ii¢/44d a sign shall.be installed bearing the words: "HANDICAPPED PARKING ONLY DISABLED LICENSE OR PERMIT REQUIRED ALL OTHER VEHICLES WILL BE TOWED AWAY AT OWNER'S EXPENSE" and the official international wheelchair symbol or reasonable facsimile thereof. All angle parking spaces so designated shall be at least thirteen (13) feet wide. Section 20-113. Penalties. (a) A person who knowingly and falsely represents himself as having the qualifications to obtain a South Bend handicapped parking permit may be fined up to a maximum of one hundred dollars ($100.00). (b) Any motor vehicle found parking in areas designated for the exclusive use of mobility handicapped persons which does not bear a disabled veteran registration plate, a special registration plate, or display a South Bend handicapped parking permit shall be fined t004tj ¢¢444�4/K$�01001 fifty dollars ($50.00) and towed at the owner's expense if found in violation for longer than one hour. Continuing violations under this section shall constitute a separate offense and be punishable by separate penalty for each infraction. 3. This Resolution shall be in full force and effect upon its adoption by the Board of Public Works. Adopted this 6th day of November, 1989. CITY OF SOUTH BEND, BY ITS BOARD OF PUBLIC WORKS s/JOHN E. LESZCZYNSKI s/KATHERINE HUMPHREYS s/PATRICIA E. DECLERCQ ATTEST: s/Sandra M. Parmerlee, Clerk ADOPT RESOLUTION NO. 44-1989 - DISPOSAL OF OBSOLETE SERVICE REVOLVER (POLICE DEPARTMENT) In a letter to the Board, Police Chief Ronald G. Marciniak advised that Captain Vinson Smith has retired, in good standing, from the South Bend Police Department effective November 2, 1989 after twenty-two (22) years of service. In keeping with Section 2-124 of the Municipal Code of the City of South Bend, it is ti J r 335 REGULAR MEETING NOVEMBER 6, 1989 requested that the Board declare Captain Smith's service revolver as surplus property and no longer useful to the City. This declaration by the Board will authorize the presentation of the firearm to Captain Smith as a tribute for his service to the City. Therefore, Ms. Humphreys made a motion that the Resolution as submitted be adopted. Mrs. DeClercq seconded the motion and the following Resolution No. 44-1989 was adopted: RESOLUTION NO. 44-1989 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 11, 1988, Ordinance No. 7847-88, which mandates the Board of Public Works of the City of South Bend to determine that the service revolver of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, Captain Vinson Smith has retired from the South Bend Police Department after twenty-two (22) years of service and the Board of Public Safety of the City of South Bend has determined that he has retired in good standing; and WHEREAS, I.C. 36-1-11-6 permits and establishes 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; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that service revolver Serial No. 250K808 a .357 caliber Smith and Wesson revolver, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 6th day of November, 1989. BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND s/John E. Leszczynski s/Patricia E. DeClercq s/Katherine Humphreys ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE AGREEMENT, ESCROW AGREEMENT AND ENDORSEMENT ##1 - WASTEWATER TREATMENT PLANT ASBESTOS ABATEMENT PROJECT Mr. Leszczynski stated that pursuant to the bid award on October 2, 1989 to Specialty Systems of Illinois, Inc., 16810 336 REGULAR MEETING NOVEMBER 6, 1989 South Lathrop Avenue, Harvey, Illinois in the amount of $249,681.00, for the Wastewater Treatment Plant Asbestos Project, the appropriate Agreement, Escrow Agreement and Endorsement #1. have been submitted for approval and execution. Therefore, Mrs. DeClercq made a motion that the documents as submitted be approved. Mr. Leszczynski seconded the motion which carried. APPROVE CHANGE ORDER NO. 2 - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT - CONTRACT I Mr. Leszczynski advised that submitted to the Board was Change Order No. 2 for Contract I of the Wastewater Treatment Plant Improvements Project indicating an increase of $278,482.69, for a new Contract amount of $8,750,413.84. He noted that the Change Order also provides for a forty-four (44) day extension to Contract I. Mr. Leszczynski indicated that a portion of the increased cost is due to the necessary change from auger cast pilings to utilization of "H" bearing piles as well as other items as indicated in Exhibits to the Change Order. In response to questions from the news media regarding the City's ability to cover this additional increase, Mr. Leszczynski noted that the City will be able to handle this increased cost. Therefore, Mr. Leszczynski made a motion that Change Order No. 2 as submitted be approved. Mrs. DeClercq seconded the motion which carried. APPROVE PROJECT COMPLETION AFFIDAVIT - SABLE RIDGE SECTION 3 ( WATER/ SANiTAKY SEWER iMPROVEMENTS ) Mr. Michael P. Meeks, Director, Division of Engineering, submitted to the Board a Project Completion Affidavit from H. DeWulf Mechanical Contractor, Inc., 586000 Executive Drive, P.O. Box 986, Mishawaka, Indiana, for the Sable Ridge Section 3 water/sanitary sewer improvements project. The Project Completion Affidavit indicated a final cost of $136,696.65. Also submitted was the appropriate three (3) year Maintenance Bond for this project. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Project Completion Affidavit was approved and the Maintenance Bond was filed. APPROVE INDEMNIFICATION AND HOLD HARMLESS AGREEMENT - CITY/CROWE,CHIZEK AND COMPANY - RE: HOLIDAY PARADE Mr. Leszczynski advised that an Indemnification and Hold Harmless Agreement between the City of South Bend and Crowe, Chizek and Company, 330 West Jefferson Boulevard, was submitted for Board approval. The Agreement indicates that the City wishes to utilize the Crowe, Chizek property for assembly of the Holiday Parade on November 18, 1989 and in consideration of the use of the property, the City agrees to hold Crowe, Chizek and Company free and harmless from any liability. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Agreement as submitted was approved. APPROVE SERVICE AGREEMENT BETWEEN THE CITY AND MEMORIAL HEALTH SYSTEM, INC. Ms. Katherine Humphreys, Director, Administration and Finance, advised that pursuant to the award of the Proposal of Memorial Health System, Inc., 205 West Jefferson Boulevard, Suite 600, South Bend, Indiana, on October 23, 1989 for worker's compensation and all on-the-job injuries sustained by the Police and Fire personnel, the appropriate Service Agreement is being submitted at this time for approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the Service Agreement as submitted was approved and executed. 337 REGULAR MEETING NOVEMBER 6, 1989 APPROVE CONTRACT - CITY/INDIANA DEPARTMENT OF TRANSPORTATION - CORBY STREET STORM SEWER PROJECT Submitted to the Board was a Contract between the State of Indiana, acting by and through the Indiana Department of Transportation and the City of South Bend regarding the construction of a storm sewer along Corby Boulevard including a portion from South Bend Avenue (S.R. 23) to the St. Joseph River. The storm sewer will be designed to accommodate drainage from the S.R. 23 right-of-way. Mr. Michael P. Meeks, Director, Division of Engineering, advised that the Indiana Department of Transportation will participate in the cost of construction of this storm sewer and the Contract submitted today sets -up the framework for that participation in the project. Mr. Leszczynski advised that this project will be bid next year. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the Contract as submitted was approved and executed. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately fourteen (14) abandoned vehicles, which are being stored at Super Auto Salvage Corporation, 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the above request was approved and a date of November 20, 1989, was established for the receiving and opening of sealed bids. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - DE-ICING MATERIALS FOR THE STREET DEPARTMENT In a letter to the Board, Mr. Bill Penn, Director, Division of Transportation, requested that the Board advertise for the following de-icing materials: 1. Sodium Chloride 12,000 tons 2. Calcium Chloride Sand 5,000 tons 3. Calcium Chloride Slag Sand 5,000 tons Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the request was approved. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - THREE (3) NEW OR LOW MILEAGE 1989 OR 1990 MODEL VEHICLES FOR THE POLICE DEPARTMENT DETECTIVE BUREAU Police Chief Ronald G. Marciniak advised that the Police Department requests that the Board advertise for the receipt of bids for three (3) new or low mileage 1989 or 1990 model vehicles for the Police Department Detective Bureau. Chief Marciniak advised that rental cars are acceptable and also requested that a variety of makes and models be bid in order to provide a selection of autos for the needs of the detectives. Upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the request was approved. REJECT BIDS PREVIOUSLY RECEIVED AND APPROVE REQUEST TO RE -ADVERTISE - WALKWAY - LA SALLE TO EAST RACE PROJECT Mr. Leszczynski advised that due to an error in the bid documents for this project, which was the reason the bids received on October 2, 1989 for this project were so varied, it is the 338 REGULAR MEETING NOVEMBER 6, 1989 recommendation of the Board Attorney that the bids previously received be rejected and the project be re -advertised. Mrs. DeClercq made a motion that the bids previously received be rejected and the project be re -advertised. Ms. Humphreys seconded the motion which carried. AWARD BID - HEWLETT PACKARD COMPUTER SYSTEM Mr. Leszczynski stated that the Board is in receipt of a letter from Police Chief Ronald G. Marciniak advising that the sealed bids received on October 2, 1989 for the purchase of the Police Department Hewlett Packard Computer System have been reviewed and it is being recommended at this time that the Board award the bid of Eurodata, Inc., 2574 Sheffield Road, Ottawa, Ont. Canada K1B 3V7 in the amount of $4,000.00. Board Attorney Jenny Pitts Manier noted that this was not the high bid received for the purchase of this equipment but Eurodata agrees to payment in full to the City at the time the computer system is removed. The bid received from Fidelity Systems, Inc., 3200 Wilcrest, Suite 250, Houston, Texas, in the amount of $5,000.00, noted that Fidelity will be fully responsible for the shipping and handling of all equipment and that the terms will be twenty-five per cent (250) prior to pick-up and seventy-five per cent (750) upon delivery and inspection and the receipt of the proper maintenance certificates. Therefore, it was determined that the bid of Eurodata should be accepted as they will pay for the equipment upfront as opposed to the bid of Fidelity where the payment would be split. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the recommendation was accepted and the bid of Eurodata, Inc. was approved and awarded and awarded. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following six (6) traffic control devices were approved: 1. REMOVAL OF: LOCATION: REMARKS: 2. NEW INSTALLATION: LOCATION: REMARKS: 3. REVISED TO: LOCATION: REMARKS: 4. REMOVAL OF: REVISED TO: LOCATION: 5. REVISED TO: LOCATION: REMARKS: Handicap Tow Zone 609 East Indiana Avenue Resident deceased 2 Hour Handicap Spaces 200 N. Lafayette & 225 West Colfax Requested by South Bend Tribune Tow Zone 100 Block of LaPorte South Bend Police Department requested tow zone Yield Sign Stop Sign Garway Commons & Harrow Tow Zone 900 block Colfax (north side) South Bend Police Department requested tow zone 1 1 1 REGULAR MEETING NOVEMBER 6, 1989 339 ,1 1 1 6. REMOVAL: REVISED TO: LOCATION: Yield Sign Stop Sign Riding Mall & corner) York (southwest APPROVE AND/OR RELEASE CONTRACTORS AND EXCAVATION BONDS Mr. Michael P. Meeks, Director, Division of Engineering, recommended that the following Contractors and Excavation Bonds be approved and/or released as indicated: CONTRACTOR'S BONDS - Craig Siders - David Strange, d/b/a David Strange Concrete - Samuel L. Wright, d/b/a Samuel L. Wright Custom Masonry Approved Eff. 10/23/89 Approved Eff. 10/28/89 Approved Eff. 11/2/89 - Todd W. Lentz, d/b/a Todd W. Lentz Concrete Contractor Released Eff. 11/1/89 - Frank Hundt, d/b/a Frank Hundt Construction Released Eff. 11/3/89 EXCAVATION BONDS - Ideal Consolidated, Inc. Released Eff. 10/28/89 - R. C. Ferguson, Ferguson Michiana, Inc. Released Eff. 10/18/89 - Northern Indiana Public Service Company Released Eff. 10/21/90 - Ron Gillean, d/b/a Quality Plumbing Released Eff. 11/3/89 Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the above bonds were approved and/or released as recommended. APPROVE SIDEWALK SALE PERMIT APPLICATION Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the following one (1) Sidewalk Sale Permit application was approved: NAME OF BUSINESS: Dainty Maid Bake Shop ADDRESS: 231 South Michigan Street BY: Cathy Pearson DATES: November 17-18, 1989 FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of one hundred twenty-two (122) properties cleaned from October 23, 1989 to October 27, 1989, was submitted. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the report as submitted was filed. 340 REGULAR MEETING NOVEMBER 6, 1989 FILING OF CERTIFICATE OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the Certificate of Insurance for O.J. Shoemaker, Inc., 1008 Lincolnway East, P.O. Box 418, South Bend, Indiana, was accepted and filed. APPROVE CLAIMS Chief Deputy City Controller John D. Leisenring, submitted Claim Docket No. 16082 through Claim Docket No. 16389 and recommended approval. Upon a motion made by Mrs. DeClercq, seconded by Ms. Humphreys and carried, the claims were approved and the report filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Humphreys, seconded by Mrs. DeClercq and carried, the meeting adjourned at 10:00 a.m. Jo n E. Leszczyns i Patricia E. DeClercq l n, i herine Hum reys ATT ST1v: Sandra tNA\1 ), ..G1.� M. Parmerlee, Clerk 1 1 I