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Home My WebLink About03/04/85 Board of Public Works MinutesLa REGULAR MEETING MARCH 4, 1985 The regular meeting of the Board of Public Works was convened at 9:37 a.m. on Monday, March 4, 1985, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Michael L. Vance present. Also present was Assistant City Attorney Carolyn V. Pfotenhauer. APPROVE MINUTES OF PREVIOUS MEETINGS Upon a motion made by Mr. Hill, seconded by Mr. Vance, and carried, the minutes of the February 25, 1985, regular meeting of the Board and February 28, 1985, special meeting of the Board were approved. OPENING OF BIDS - STREET MATERIALS FOR THE STREET DEPARTMENT FOR 1985 This was the date set for receiving and opening of sealed bids for street materials for the Street Department for 1985. The Clerk tendered proofs of•publication of Notice in the South Bend Tribune and the Tri-County News which.were found to be sufficient. Following is a list&of the Street Materials for 1985 for which bids were solicited: 1. HAC Surface-#ll Limestone 2. HAC Surface-#ll B.F. Slag 3. HAC Surface-#ll B.O.F. Slag 4. HAC Binder-#8 or #9 5. HAC Binder-#ll 6. HAC Base-#5D 7. Bituminous Material -Tack 8. Bit. Mat. -Crack Pouring 9. Bit. Mat. -Road Oil 10. Bit. Patch Material 11. Emulsified Asphalt 12. Min. Agg. #2 Stone or Slag 13. Coarse Aggregate #9 Spec. 14. Coarse Agg.-#73 Stone or Slag 15. Coarse Agg.-#73 Gravel 16. Fine Agg.-#23 or #24 17. Coarse Agg.-Crusher Run 7/16x0 18. Ready Mix Concrete Class A Limestone 19•. Ready Mix Concrete Class A Slag 20. Ready Mix Concrete, Class B 21. Portland Cement The following bids were received and publicly read: BITUMINOUS MATERIALS CO., INC. P.O. Box 1295 Warsaw, Indiana 46580 Bid was signed by Philip Ehrman, Vice -President, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $50,000.00 was submitted. BID: # 9 .4500 ea. = $ 78,750.00 #11 .7500 ea. = $450,000.00 ROSE FUEL & MATERIALS, INC. 513 East Madison Street South Bend, Indiana 46617 Bid was signed by R. Boyd Harwood, President, Non -Collusion Affidavit was in order and a Certified Check in the amount of $1,545.00 was submitted. BID: #21 5.15 ea. = $15,450.00 1 1 M REGULAR MEETING MARCH 4, 1985 ST. JOSEPH MATERIALS COMPANY, INC. 60669 Orange Road South Bend, Indiana 46614 Bid was signed by Donald L. Decker, Sales Manager, Indiana Division, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #13 5.25/ton = $ 42,000.00_ #15 4.45/ton = 22,250.00 #16 3.85/ton = 7,700.00_ THE LEVY COMPANY, INC. P.O. Box 540 Portage, Indiana 46368 Bid was signed by Donald L. Decker, Sales Manager, Indiana. Division, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #12 6.95/ton = $104,250.00 #14 6.95/ton = 34,750.00 #17 6.75/ton = 13,500.00 ARCO ENGINEERING CONSTRUCTION CORPORATION 705 South Beiger Street Mishawaka, Indiana 46544 Bid was signed by William Reiff, President and Jack Riegsecker, Vice -President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: # 1 27.00/ton = $675,000.00 # 2 28.95/ton = 723,750.00 # 3 27.00/ton = 135,000.00 # 4 18.95/ton = 189,500.00 # 5 19.00/ton = 95,000.00 # 6 18.00/ton = 90,000.0.0 #10 32.00/ton = 32,000.00 KOCH ASPHALT COMPANY 1510 Clover Road Mishawaka, Indiana 46544 Bid was signed by John Baumgartner, Sales Representative, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: # 7 144.00/ton =$ 21,600.00 # 8 .68/gal = 27,200.00 # 9 .3247/gal. = 56,822.50 #11 .6647/gal. = 398,820.00 WALSH & KELLY, INC. 24358 State Road 23 South Bend, Indiana 46614 Bid was signed by Thomas 0. Walsh, President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: # 1 23.00/ton = $575,000.00 # 2 24.00/ton = 600,000.00 # 3 24.50/ton = 122,500.00 # 4 18.50/ton = 185,000.00 # 5 18.00/ton = 90,000.00 # 6 18.00/ton 90,000.00 #10 27.50/ton 27,500.00 REGULAR MEETING MARCH 4, 1985 HASS CONCRETE PRODUCTS COMPANY 24423 State Road 23 South Bend, Indiana 46614 Bid was signed by Joseph F. Wagner, General -`Manager, Non -Collusion Affidavit was in order'and a 10% Bid'Bond wa`s- submitted. BID: #18 Class A Limestone 49.90/cy = $29,940.`06 - #19 Class A Slag 48.20/cy = 48,200.00 #20 44.50/cy = 611675.00 #21 4.97/bag = 14,910.00 KUERT CONCRETE, INC. 3113 L.W.W. South Bend, Indiana 46628 Bid was signed by A:'E.J'. McManus,President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #16 6.50/ton = $13,000.00 #18 Class A Limestone 46.90/cy $28,140.00 #19 Class A Slag 46.90/cy = 461900.'00 #20 43.70/cy = 6,555.00 ECKLER-LAHEY LUMBER COMPANY 1406 South Franklin at Broadway - South Bend, Indiana 46617 Bid was signed by Peter H. Mullen, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #21 4.75/bag = $14,250.00 RIETH-RILEY CONSTRUCTION COMPANY, INC. P.O.Box 1775 South Bend, Indiana 46634 Bid was signed by Chester L. Skwarcan, Manager, Indiana Division, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: # 1 24.00/ton = $600,000.00 # 2 24.95/ton = 623,750.00 # 3 24.40/ton = 122,000.00 # 4 18.75/ton = 187,500.00 # 5 18.90/ton = 94,500.00`= # 6 18.25/ton = 91,250.00 #10 27.35/ton = 27,350.00 VULCAN MATERIALS COMPANY 24358 SR 23 South Bend, Indiana 46614 Bid was signed by Dave B. Roseberry, Sales Representative, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $6,800.00 was submitted. BID: *#13 3.25/ton FOB = $26,000.00 *#15 3.00/ton FOB = 15,000.00 *#16 2.25/ton FOB = 4,500.00 *Means - ADD $1.50 per ton per unit price for deliveries to either garage or jobsites. 69 REGULAR MEETING MARCH 4, 1985 WHITEHEAD BROTHERS COMPANY P.O.Box 259 River Road Leesburg, N.J. 08327 Declined to bid at this time. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above bids were referred to the Engineering Department and Street Department for review and recommendation. OPENING OF BIDS - GASOLINE AND FUEL OIL FOR 1985 This was the date set for receiving and opening of sealed bids for gasoline and fuel oil for 1985. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Following is a list of the types of gasoline and fuel oil and amounts required for which bids were solicited: #1 350,000 gallons (more or less) regular gasoline (approximately 300,000 gallons to one location in bulk transport, balance by tank truck delivery) #2 650,000 gallons unleaded gasoline #3 260,000 gallons Diesel Fuel #1 and Diesel Fuel #2 (approximately 50% for heating purposes and 50% Diesel Fuel #4 200,000 gallons No. 4 Fuel Oil #5 Up to 100,000 gallons gasohol The following bids were received and publicly read: GLADIEUX REFINERY 4133 New Haven Avenue Fort Wayne, Indiana 46803 Bid was signed by James M. Gladieux, President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #4 $.7475/gal. _ $149,500.00 SMITH PETROLEUM, INC. P.O.Box 5034, Fort Wayne, Indiana 46805 Bid was signed by Lonnie Wilson, General Manager, and Amie J. Wolfe, Assistant Treasurer, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #1 $.7319/gal. = $256,165.00 Truck transport delivery - Minimum 4,500 gallon delivery. Minimum Octane Rating 89 Price based on our supplier: Phillips Petroleum - Niles, Michigan #2 $.7669/gal. = $498,485.00 Truck Transport Delivery - Minimum 4,500 gallon delivery Minimum Octane Rating 87 Price based on our supplier: Phillips Petroleum - Niles, Michigan 0 REGULAR MEETING MARCH 4, 1985 #3 Diesel Fuel #2 $.7464/gal.'= $194,064.00 Diesel Fuel #1 .8139/gal. = 211,614.00 Truck Transport Delivery - Minimum 4,500 gallon delivery Price based on our supplier: Koch Fuels, Inc. Niles, Michigan #4 $.7984/gal. = $159,680.00 Truck -Transport Delivery - Minimum 41-500 gallon delivery Price based on our supplier: Gladieux Refinery, Fort Wayne, Indiana #5 Regohol $.7981/gal. = $79,81000 Gasohol .8296/gal. = 82,960.00 Truck Transport Delivery - Minimum 4,500, gallon delivery - Regohol - Phillips Petroleum, Niles, Michigan Koch Fuels, Inc. - Alcohol Gasohol - Phillips Petroleum, Niles, Michigan Koch Fuels, Inc. - Alcohol All prices exclude .111 State Tax All prices are based on GROSS GALLONS DELIVERED Terms: Net 20 Smith Petroleum, Inc. reserves the right to increase or decrease the contract unit price in an amount equal to any increase or decrease instituted by our suppliers. Copies of price adjustments will be furnished to verify any price changes for the length of the contract. PETROLEUM TRADERS CORPORATION 6110 Constitution Drive Fort Wayne, Indiana 46804 Bid was signed by Marilyn Wilson, Contract Sales and Michael Himes, President, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #1 $.7188/gal. = $215,640.00 Delivered in Transport quantities approx. 8,000 gallons per delivery. Silveus #2 $.7488/gal. = $486,720.00 Delivered in Transport quantities approx. 8,000 gallons per delivery. Silveus #3 #1 Diesel Fuel $.8144/gal. = $52,936.00 (Phillips) #2 Diesel Fuel .7488/gal. = 48,672.00 (Total) #2 Heating Fuel .7335/gal. =. 95,355.00 (Laketon) Prices above exclude all taxes. As an Indiana city, applicable taxes would be: .111 Motor Fuel Tax, & .0008 Inspection Fee. Diesel Fuels used as motor vehicle fuel would be subject to these taxes. Prices are subject to change. To safeguard your supply, we reserve the right to provide fuels from other major brand suppliers which will meet or exceed the specifications as outlined in your bid information. Payment Terms: Net 15 Preferred. IM REGULAR MEETING MARCH 4, 1985 PIERCETON EQUIPMENT COMPANY, INC. P.O. Box 233 Laketon, Indiana 46943 Bid was signed by David J. Nicol, Secretary -Treasurer, Non -Collusion Affidavit was in order and a 10% Bid Bond was submitted. BID: #1 $.7360/gal. #2 $.7560/gal. #3 No. 1 Diesel Fuel $.8470/gal. No. 2 Diesel Fuel .7295/gal. #4 $.7846/gal. #5 $.8330/gal. All product delivered to the City of South Bend in Bulk Transport Loads. The above prices do not include State Excise Tax which is 11.1 cents per gallon. These prices are subject to the Escalation Clause which is attached. BERRETH OIL, INC. 1301 West 6th Street Mishawaka, Indiana 46544 Bid was signed by Dennis Berreth, Vice -President, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $3,000.00 for the diesel fuel and fuel oil bid and a Bid Bond in the amount of $9,000.00 for the gasoline bid were submitted. BID:* #1 Transport Regular Gasoline $.732/gal. * Tankwagon Regular Gasoline .782/gal. * #2 Transport Unleaded Gasoline .767/gal. * Tankwagon Unleaded Gasoline .817/gal. * #3 Transport Diesel Fuel #2 .740/gal. * Tankwagon Diesel Fuel #2 .790/gal. * Transport Diesel Fuel #1 .800/gal. * Tankwagon Diesel Fuel #1 .850/gal. * Transport Premier Diesel Fuel to meet Waste Water Treatment Plant requirements .810/gal. * #5 Transport Gasohol .802/gal. We do not charge inspection fees * Plus all applicable taxes. Brand of Gasoline, Gasohol, Diesel Fuel #1 and Diesel Fuel #2 bid will be Amoco, Mobil or Koch. Brand of Premier Diesel for Waste Water Treatment Plant will be Amoco. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above bids were referred to the Street Department and Engineering Department for review and recommendation. .72 REGULAR MEETING MARCH 4, 1985 OPENING AND AWARD OF BIDS - SALE OF ABANDONED VEHICLES This was the date set for the receiving and opening of sealed bids for the sale of approximately fourteen (14) abandoned vehicles, eleven (11) of which are valued at over $100.00 and all of which have been stored at Steve and Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude Street, South Bend, Indiana. 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: Mr. Harold W. Rubin Rubin's Auto Parts, Inc. 23921 Western Ave. South Bend, Indiana Vehicle No. 10 $52.52 Mr. James A. Guy II J & D Transportation P.O. Box 215 South Bend, Indiana Vehicle No. 5 $55.00 Mr. Daniel M. Rifkin Metal Resources Corp. P.O. Box 2856 3113 S. Gertrude St. South Bend, Indiana Vehicle No. 1 $28.00 Vehicle No. 8 $28.00 2 28.00 9 28.00 3 28.00 10 28.00 4 28.00 11 28.00 `5 28.00 12 28.00 6 28.00 13 28.00 7 28.00 14 28.00 Mr. Gene Hancz Steve & Gene's Auto Truck Salvage 3109 S. Gertrude St. South Bend, Indiana 46680 Vehicle No. 1 $15.75 8 $20.75 2 10.75 9 15.75 3 20.75 10 20.75 4 15.75 11 20.75 5 20.75 12 10.75 6 10.75 13 20.75 7 15.75 14 20.75 Mr. Travis Lack Hurwich Iron Co. 1610 Circle Ave. South Bend, Indiana Vehicle No. 1 $15.00 8 $15.00 2 15.00 9 20.00 3 25.00 10 25.00 4 20.00 11 25.00 5 20.00 12 15.00 6 15.00 13 25.00 7 20.00 14 25.00 Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following bids were awarded: 1 1 1 REGULAR MEETING MARCH 4, 1985 Rubin's Auto Parts - Vehicle No. 10 $52.52 J & D Transportation - Vehicle No. 5 $55.00 Metal Resources - Vehicle Nos. 1 $28.00 2 28.00 3 28.00 4 28.00 6 28.00 7 28.00 8 28.00 9 28.00 11 28.00 12 28.00 13 28.00 14 28.00 TOTAL: $336.00 GRAND TOTAL: $443.52 ADOPTION OF RESOLUTION NO. 9-1985 - ESTABLISHING POLICIES AND FEES FOR FOOT RACES AND SIMILAR EVENTS Board Attorney Carolyn V. Pfotenhauer submitted to the Board Resolution No. 9-1985, and summarized the Resolution which establishes policies and fees for foot races and similar events. She stated that the section referring to fees includes the actual costs for City personnel (regular and over -time) and does not include any charges for planning, preparation or cost of equipment or vehicles used. The Resolution establishes five (5) fixed routes which will have a pre -determined cost. She noted that the Board shall consider routes other than the fixed routes for marathon runs and races with anticipated participation of more than 1,000 persons, and may consider routes other than fixed routes for other events. She further advised that the provision included in a prior draft of the Resolution indicating that the Northside Boulevard Route shall not be used for Saturday events has been stricken and not included in this final Resolution. Further, the Resolution states that any request for a foot race or similar event will be reviewed by the Bureau of Traffic and Lighting and the Police Department Traffic Division and a recommendation presented by those departments to the Board within two (2) weeks. The Board at that time may accept and approve the recommendation subject to the conditions of the Contract as outlined in the Resolution being met. The Resolution requires payment of one-half of the fee ten (10) days before the event as well as the appropriate insurance requirements. Mr. Leszczynski advised that the policies set forth in the Resolution will make it easier and quicker for the City to review the requests and will facilitate more and safer runs. Mr. Hill, as a point of clarification, stated that in one particular event in the past Police Department staff were paid directly by the sponsor. This Resolution stipulates that all fees assessed for particular events must now be paid directly to the City of South Bend. Ms. Pfotenhauer stated that the Resolution does contain a provision, however, that allows direct payment to volunteer groups, but indicated that proof of such payment must be provided to the City for filing at least ten (10) days before the event is to be held. Mr. Carter A. Wolf, Co -Director, Sportsmed 10K, Pro Health of St. Joseph's Medical Center, 320 South Saint Joseph Street, South Bend, Indiana, was present and addressed the Board. Mr. Wolf stated that he is pleased with the changes made in the Resolution presented today from the prior draft resolution which he received. W REGULAR MEETING MARCH 4, 1985 It was noted that Mr. Wolf submitted a letter to the Board outlining his concerns one of which was the direct payment to police officers who assisted with the Sportsmed 10K race. Mr. Hill stated that it is his understanding that the police officers assisting with the race last year were paid directly by the sponsor as there had been a considerable delay in prior years in officers being paid for assisting with the event and officers were reluctant to work without being paid in advance. The City is not aware of any other instance in which this type of procedure took place. In the future, based on this Resolution, all payments will be made to the City of South Bend and not directly to the police officers. Mr. Wolf commended the Board for the language in the Resolution addressing the fee policy as discussed above. He stated that another one of his concerns is the routes available for small groups with less than 1,000 participants, but notes that the revised Resolution as presented today addresses that concern. He wondered, however, why the City decided on the five (5) fixed routes as described in the Resolution. In response, Mr. Leszczynski stated that the fixed routes are safer and require less City personnel to utilize. Mr. Hill added that the pre -determined cost of the fixed routes may provide an option to groups desiring to know the cost upfront before scheduling an event. They can decide on one of the fixed routes at a predetermined cost or another route should they choose to do SO. Mr. Wolf stated that the fixed routes are not very desirable courses. In response, Mr. Hill stated that the fixed routes are more efficient cost -wise for the City as only one-time costs for signage, etc. is required. Mr. Hill further stated that with the cost factor involved, some sponsors may choose to run the less desirable routes than paying a higher fee for a non -fixed route. Mr. Wolf asked if the Resolution today includes parades or if races and similar events were being singled out. Mr. Hill advised that parades are not covered by this Resolution as the City in the past has not incurred the cost to assist with parades as it has with the various races/runs and similar events. Mr. Hill stated that last year the City incurred costs of $100,000.00 to assist with foot races and similar events. He further stated that parades will be reviewed on a case -by -case basis and further advised that several parades held during the year are City -sponsored parades with the City absorbing the total cost. Mr. Larry Neiswender, Race Director, Broadway Christian Parish, 802 East Indiana Avenue, South Bend, Indiana, sponsor of "The Human Race" was present and addressed the Board. Mr. Neiswender's concern was the amount of insurance required for each event. Mr. Hill stated that the size of the group as well as the route will be taken into consideration when determining the amount of insurance required. He further stated that in some instances a Certificate of Insurance would be required and in other instances an Indemnification Agreement would suffice. Mr. Neiswender also inquired about the provision of the Resolution which indicates that if the Bureau of Traffic and Lighting and/or the Police Department Traffic Bureau determines that an event will not create a public safety hazard or traffic congestion, no charge shall be assessed for the event. Mr. Hill clarified that provision by advising that some events, walk-a-thons, etc. adhere to traffic lights and signs, stay on the sidewalk and have volunteer guards, and require no further assistance by the City. These types of events would come under this provision as they do not create any extra liability. Mr. Hill advised that the City will continue to be flexible in working with a sponsor to determine if City police or volunteer personnel would be required and will cooperate as much as possible. REGULAR MEETING MARCH 4, 1985 Mr. Neiswender further advised that utilizing the fixed routes for 10K races would not be feasible as participants would be "lapping" one another and someone would need to keep track of who was on what lap. He stated that the use of one of these routes for that type of event would not generate many participants. In response, Ms. Pfotenhauer advised that the fixed routes designated as D and E in the Resolution were added as they are low-cost routes intended for small groups and not 1OK'races. Mr. Hill referred Mr. Neiswender to Paragraph Five (5) of the Resolution which indicates that larger groups as well as 'smaller groups have the option of submitting a route for consideration other than the fixed routes. Mr. Neiswender closed his remarks by stating that he understands the reasons for the Resolution being adopted and glad to see that the City will remain flexible in working with the smaller groups such as the one he represents. Mr. Ricardo Parra, of the St. Stephen's Parish Festival Run, 1338 King Street, South Bend, Indiana, was also present and addressed the Board. He stated that his biggest concern with this Resolution are the fees being charged to sponsors for the various events. He wondered if there was any way the parish would not have to pay the full costs established for the event. He thought perhaps the City could devise a scale or percentage of the cost which the parish could pay. Mr. Hill stated that the costs of the races are computed by taking into consideration the route, number of participants, volunteer manpower needed and Police Department manpower required. He stated that the City will work with the sponsor of the event to reduce all unnecessary costs and will be as flexible as possible. He further reiterated that in the past the City has incurred costs of $100,000.00 in assisting with these various types of events and as this is not a traditional municipal services for which taxpayers pay, the City hopes to be able to recoupe some of the costs involved. The City will, however, work with the various sponsors to keep the costs down. Mr. Parra stated that he would like to see the neighborhood races stay in the neighborhoods. He asked if it would be feasible to train volunteers to work in the area of Traffic and Lighting for these events and eliminate that additional costs. Mr. Hill stated that the City would certainly be open to explore that possibility but anticipated that the start-up costs for such training would be very expensive and indicated that as traffic and lighting is the City's responsibility this arrangement probably would not be feasible. Mr. Hill further advised that the procedures set -forth hope to eliminate the burn -out of volunteers utilized to assist in the various running events by regulating the dates and number of volunteers needed for each event. Mr. Daniel L. Blacketor, of J. Charles Nyers, Inc., Suite 801, St. Joseph Bank Building, South Bend, Indiana, representing RKO Bottlers of South Bend, sponsors of the Diet Pepsi 10,000 Meter Running Series was present and addressed the Board. Mr. Blacketor inquired whether the City or the sponsor would contact the volunteer groups for assistance for the various events. Mr. Leszczynski and Mr. Hill advised that the City in conjunction with the sponsor would decide on the volunteer assistance required for a particular event. Once the request is submitted to the Board, the sponsor will work with the Bureau of Traffic and Lighting and the Police Department Traffic Division to finalize plans. There is no need for the sponsor to contact anyone else once the request is submitted to the Board. Mr. Blacketor further inquired what boundaries the race policy covered. He was advised that the boundaries for races are the boundaries of the City of South Bend only and do not include the County. Board Attorney Carolyn V. Pfotenhauer advised that a minor change in Paragraph Pour (4) should be made which states that the Clerk REGULAR MEETING MARCH 4, 1985 of the Board of Public Works would refer any requests to use routes within public parks (Routes C, D and E) to the Board of Park Commissioners for approval. It was clarified that the sponsors of the events would not have to be concerned with contacting the Board of Park Commissioners in addition to the Board of Public Works. There being no one else present wishing to speak either for or against the proposed Resolution, upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the following Resolution No. 9-1985, as amended, was approved and adopted: RESOLUTION NO. 9-1985 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF':THE:CITY OF SOUTH BEND, INDIANA ESTABLISHING POLICIES AND FEES FOR FOOT RACES AND SIMILAR EVENTS WHEREAS, pursuant to I.C. 36-9-6-3, the Board of Public Works has authority over and the right to regulate the use of public rights -of -way within the City; and WHEREAS, persons wishing to use the public right-of-way must obtain approval to do so from the Board of Public Works; and, WHEREAS, the Board receives numerous requests for permission to use the public right-of-way for special activities such as foot races, marathons, runs, walk-a-thons, bike-a-thons, and similar events; and, WHEREAS, the use of the public right-of-way for said events results in increased costs to the City for traffic safety, equipment, personnel and materials; and, WHEREAS, the ever increasing number of requests for approval to hold said events makes it necessary for the Board to ' establish policies regulating the use of public right-of-way for the events and establishing fees which enable the City to recover the costs of providing the'additional traffic control services required to insure both pedestrian and vehicular safety during such events. BE IT THEREFORE RESOLVED by the Board of Public Works of the City of South Bend, Indiana, that the following policies and charges shall be applicable to all such events held upon the public rights -of -way and all approvals granted and contracts entered into by the Board for such events shall be subject to these policies and charges. 1. All requests for approval to use the public right-of-way for races, walk-a-thons, bike-a-thons, and similar events shall be made to the Board of Public Works no less than 45 days prior to the proposed date of the event. 2. The Board shall refer all such requests to the Police Department Traffic Bureau and to the Bureau of Traffic and Lighting.for review and recommendation as to necessary traffic control measures, number of traffic safety personnel required and the estimated cost to the City of providing the necessary personnel, equipment and materials to insure safe conduct of the event. Each Bureau shall forward its recom- mendation and cost estimate to the Board within two weeks after receipt of the request. 3. The Board shall not grant approval for any event if it will conflict with any major traffic generating activity which has already been scheduled. 1 1 1 REGULAR MEETING MARCH 4, 1985 M 1 4. Five and 10K foot anticipated participation held on one of the fixed Public Works are subject fixed routes are: races and similar events with an of 1,000 or less people which are routes established by the Board of to a predetermined fixed cost. The A. Riverside Drive Route B. Northside Boulevard Route C. Rum Village Route D. Rum Village Park Oval Route E. Boehm/Tarkington Park Route Maps showing these routes are attached to this Resolution as exhibits A, B, C, D, E respectively, and are made a part hereof. Any requests to use routes within public parks (Routes C, D and E) must be referred by the Clerk of the Board of Public Works to the Board of Park Commissioners for approval. The Board of Park Commissioners may impose additional terms and conditions for use of park property. The use of the Rum Village Oval Route and the Boehm/Tarkington Park Route is encouraged for events with 200 or less participants since the routes are wholly within City parks and, therefore, require less equipment and personnel to insure public safety during an event. 5. The Board shall consider routes other than the fixed routes for marathon runs and races with anticipated participa- tion of more than 1,000 persons, and may consider routes other than fixed routes for other events. 6. The Clerk of the Board shall maintain a master calendar showing all events for which the Board has granted approval. 7. The Board may deny any requests for an event if it determines that the proposed event would constitute'a public safety hazard, would conflict with any other event, or would interfere with normal City operations or services. 8. The Board may require the sponsor of any event for which approval is granted to provide a Certificate of Insurance showing personal property damage insurance in an amount up to $1,000,000 and liability insurance in an amount up to $5,000,000, naming the City as co-insured. In addition or alternatively, the Board may require that the sponsor in- demnify and hold the City harmless from any and all damages, injuries, losses, claims or demands or costs proximately caused by default, culpability or negligence of the sponsor in connection with the event for which approval is granted. A required Certificate of Insurance or indemnification agree- ment must be filed with the Board no later than 10 days prior to the scheduled event. 9. Walk-a-thons, bike-a-thons, and similar events shall not be confined to the fixed routes established by the Board but all proposed routes for such events are subject to the approval of the Board. 10. If the sponsor has held events in the past similar to that for which he is requesting approval, he must advise the Board of the number of participants in each past event. 11. The Board shall require the sponsor.'to:pay one-half of the City's estimated costs for traffic safety? personnel, materials and equipment no later than 10 days,prior to the date of the approved event and to pay the balance of the actual costs to the City within 10 days after the event has taken place. Any sponsor who fails to pay all costs within the designated period shall not receive approval for future events. W REGULAR MEETING MARCH 4, 1985 12. Volunteer groups -providing traffic safety personnel for the event at the request of the South Bend Police Department shall be compensated by the sponsor at a predetermined rate no less than 10 days prior to the event. 13. Deviation from the assigned route may result in the event being stopped by order of the South Bend Police Depart- ment. 14. If the Bureau of Traffic and Lighting and/or the Police Department Traffic Bureau determines that an event will not create a public safety hazard or traffic congestion, no charge shall be assessed for the event. 15. If an event is subject to the South Bend Charitable Solicitations Ordinance, the sponsor shall show proof to the Board that the required charitable solicitation permit has been obtained. 16. The Sponsor shall -enter into a contract with the Board for use of the public right-of-way for the proposed event. The contract shall incorporate these policies and the signing of the contract by the Board shall constitute approval for the use of public right-of-way for the event. The Board may not sign any such contract unless all required fees .have been paid and all required documents have been properly filed with the Board by the sponsor. Adopted this 4th day of March, 1985. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND s/John Leszczynski, President s/Richard L. Hill, City Attorney s/Michael Vance, City Controller ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE REQUESTS FOR VARIOUS EVENTS Pursuant to the adoption of Resolution No. 9-1985, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following requests were approved subject to the conditions of the Resolution and subsequent Contract being -met: EVENT DATE SUBMITTED TO BOARD 15TH ANNUAL ST. JOSEPH 5/18/85- 11/26/84 RIVER RUN MARCH OF DIMES 4/27/85 12/3/84 ANNUAL WALKAMERICA SUNBURST MARATHON AND 6/8/85 1/14/85 10K ROAD RACE ST. ADALBERT-CORVILLA RUN 7/14/85 1/14/85 DIET PEPSI 10,000 METER 4/20/85 1/22/85 RUNNING SERIES FMI REGULAR MEETING MARCH 4, 1985 ST. JUDE CHILDREN'S 5/11/85 2/4/85 "SUPERWALK" ORAK SHRINE TEMPLE 5/18/85 2/11/85 PARADE BROADWAY CHRISTIAN PARISH 6/29/85 2/19/85 "THE HUMAN RACE" CROP HUNGER WALK 4/14/85 2/25/85 IUSB WOMEN IN SPORTS DAY 6/15/85 2/25/85 It was noted that only the dates for the various events are being approved at this time. The sponsors will be contacted by the Police Department Traffic Division and the Bureau of Traffic and Lighting to finalize routes and discuss costs involved. When arrangements have been finalized, the appropriate Contract will be presented to the Board for approval subject to the fee and insurance requirements being submitted by the sponsor. ACCEPT AND APPROVE DEDICATION OF PUBLIC RIGHT-OF-WAY - RE: VACATION OF N/S ALLEY EAST OF EDDY STREET Mr. Leszczynski advised that on January 8, 1985, the Board of Public Works submitted a favorable recommendation to the Common Council concerning the vacation of the lst north/south alley east of Eddy Street running north and then northeasterly from Corby to a line parallel to and 16' west of the east line of Lot 7 in Bergan's Replat, subject to the dedication of additional right-of-way for a new improved alley to be the east sixteen (16) feet of Lot 7, with the cost of improving the new alley to be incurred by Mr. and Mrs. Richard Kruk, 3315 Newburg Court, Mishawaka, Indiana, Petitioners for the Vacation. Attorney R. Wyatt Mick, Jr., representing the Kruk's in this matter, has submitted to the Board for filing the Dedication of Public Right -of -Way as requested. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Dedication of Public Right -of -Way was accepted and approved. It was noted that the Dedication will be properly recorded and sent to the Common Council so final processing of the above referred to alley vacation can commence. APPROVE CONSTRUCTION CONTRACT - EAST RACE FENCE PROJECT Mr. Leszczynski advised that in accordance with the bid awarded on February 25, 1985, to McDougal Enterprises, Inc., d/b/a Schuell Fence Company, 22377 Adams Road, South Bend, Indiana, in the amount of $10,969.30 for the above referred to project, a Contract in said amount was being submitted for Board approval,. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the Contract was approved subject to the filing of the appropriate Insurance, Performance Bond and Labor and Materials Payment Bond. APPROVE PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY AT 1207 KING STREET In accordance with the bid awarded on October 15, 1984, for the purchase of the City -owned lot at 1207 King Street in the amount of $205.00 to Mr. Clark W. Clark, 1205 King Street, South Bend, Indiana, the Purchase Agreement was being submitted at this time for Board approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Purchase Agreement was approved and the matter referred to the City Attorney's office for drafting of the appropriate Quit -Claim Deed. REGULAR MEETING MARCH 4, 1985 APPROVE REi ABANDONED VEHI T,TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF Ms. Katherine Barnard, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately twenty-six (26) abandoned vehicles, eighteen (18) of which are valued at over $100.00 and all of which are being stored at Steve & Gene's Auto & Truck Salvage and Repair, 3109 South Gertrude 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 Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was approved and a date of March 18, 1985 was established for the receiving and opening of sealed bids. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS FOR FINANCING OF MASTER LEASE PURCHASING AGREEMENT City Controller Michael L. Vance advised that the City will be seeking bids for various equipment which the City had originally planned to purchase with the proceeds of a proposed bond issue. Since that bond issue is no longer being sought, the City must find an alternative method of financing, with that proposed method being a $2 million dollar, six (6) year lease purchase package. He is therefore requesting that the Board advertise for the receipt of bids for financing of a Master Lease Purchasing Agreement. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski and carried, the request was approved. APPROVE REQUEST TO ADVERTISE FOR VARIOUS PARK, POLICE, CODE ENFORCEMENT, STREET AND FIRE DEPARTMENT EQUIPMENT City Controller Michael L. Vance advised that with the aid of a Master Lease Purchasing Agreement, various equipment for the above referred to Departments will be purchased. He noted that said equipment was originally to be purchased with the proceeds of a bond issue, but said bond issue is no longer being sought. The costs for the various equipment and the department requiring the equipment is as follows: PARK DEPARTMENT $ 110,000.00 POLICE DEPARTMENT $ 164,000.00 CODE ENFORCEMENT $ 48,000.00 STREET DEPARTMENT $ 477,000.00 FIRE DEPARTMENT $1,200,000.00 Upon a motion made by Mr. Vance, seconded by Mr. Hill and carried, the above request to advertise for the receipt of bids for various equipment for the above referred to departments was approved. REQUEST TO HAVE CURB AT 514 SOUTH PHILLIPA STREET DESIGNATED AS A HANDICAPPED PARKING SPACE REFERRED In a letter to the Board, Dr. Louis H. Grwinski, D.O., on behalf of his patient, Mr. Mike McCormick, requested that the parking space in front of Mr. McCormick's residence at 514 South Phillipa Street, be designated as a handicapped parking space. Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the above request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Vance and carried, the following four (4) handicapped parking permit applications were approved and referred to the Deputy Controller's office for issuance of permits: 1 REGULAR MEETING MARCH 4, 1985 Victor Plocki, 613 S. Pulaski, S.B. Loucrecia Grim, 220 Bendix, S.B. Mike McCormick, 514 S. Phillipa, S.B. Robert Bond, 633 Diamond, S.B. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following thirteen (13) traffic control devices were approved: 1. REVISE TO NO PARKING & TOW AWAY ZONE - 300 W. Washington; South side - East 1/2 block. (For 2 lanes - Eastbound) 2. REVISE TO NO PARKING TOW AWAY ZONE - 100 E. Washington. East 1/2 block. North side. (To facilitate redesigned traffic (Travel Lanes) pattern. For 2-way traffic). 3. NEW INSTALLATION, HANDICAP - 100 E. Washington, North side of street, in recessed parking lane. lst space East of Michigan. (To provide for handicap in vicinity of Hotel/Bank//Century Center Complexes). 4. NEW INSTALLATION, NO TURN ON RED - St. Joseph & Washington. North to Westbound. (Conversion of 2-way traffic on E. Washington). 5. REMOVE STOP SIGN - On Navarre at Main. (Main Street closed from Navarre to Bartlett - Memorial Hospital expansion. No longer warranted). 6. REMOVE NO PARKING - 1400 - 1500 Ford Street. South side. (Completion of Olive -Sample overpass. Detour no longer in effect). 7. REMOVE NO TURN ON RED - Washington and Williams - Westbound. (Controller changed to 2 phase - Washington to be changed to 2-way traffic). 8. REVISE TO STOP SIGN - On South at Longfellow. (Uncontrolled "T" intersection). 9. REMOVE NO PARKING - S/S/O 2500 W. Ford - To 30' East of Meade. (Completion of Olive -Sample overpass - Local Detour). 10. REVISE TO NO PARKING TOW AWAY ZONE - 200 W. Washington - South side. East 1/2 block. (For 2 lanes Eastbound). 11. REVISE TO NO PARKING TOW AWAY ZONE - 200 W. Washington - North side. West 1/2 block. (For 2 lanes Westbound). 12. REVISE TO 2-WAY TRAFFIC - 100 - 400 W. Washington & 100 E. Washington. (Conversion to 2-way traffic). 13. NEW INSTALLATION, RIGHT LANE MUST TURN RIGHT - On Wayne at St. Joseph. Eastbound. (Road transition - West of St. Joseph). FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a W NO REGULAR MEETING MARCH 4, 1985 total of seventy-one (71) properties cleaned from February 25, 1985 to March 1, 1985 was submitted. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report as submitted was filed. APPROVE CLAIMS Deputy City Controller Carol M. Sanders submitted Claim Docket No. 4344 through Claim Docket No. 4981 and recommended approval. Upon a motion made by Mr. Vance, seconded by Mr. Leszczynski 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 Mr. Leszczynski, seconded by Mr. Vance and carried, the meeting adjourned at 10:37 a.m. 6W'Wlyi�] ' Richard L. Hill -Im j.6a a Michael L. Vance ATTEST: I � - -� -0 - 4z e q� . Sandra M. Parmerlee, Clerk 1