HomeMy WebLinkAbout01/19/76 Board of Public Works MinutesREGULAR MEETING JANUARY 19, 1976
A regular meeting of the Board of Public Works was convened by
Chairman -Rollin E. Farrand at 9:30 a.m, on Monday, January.19, 1976
with Mr. Farrand, Mr. Brunner and Mr. Mullen present.. Deputy City
Attorney Kathleen E. Cekanski was also present.
MINUTES OF PREVIOUS MEETING APPROVED
Mr. Farrand reported to the Board that he had reviewed the minutes
of the previous meeting and he made a motion that the minutes as
submitted be approved. The motion was seconded by Mr. Mullen and
was carried.
OPENING OF BIDS - GASOLINE AND FUEL OIL
This was the date set for receiving bids for gasoline and other fuel
requirements for the.City,of South Bend for 1976. The Clerk tendered
proofs of publication of notice in the South Bend Tribune and in the
Tri-County News which were found to be sufficient. The following bids
were opened and publicly read:
Smith Petroleum Company Bid was signed by Robert Thornhill,
Fort Wayne, Indiana non -collusion affidavit was in order
and a 10% bid. bond was submitted.
Bid - 600,000 Gallons Regular Gasoline @ $.3539 per gallon
6,00,000 Gallons Unleaded Gasoline @ $.3712 per gallon
Frasch Oil Cop an , Inc. Bid was signed by William E. Frasch,
Mishawaka, Indiana non -collusion affidavit was in
.order and a 10% bid bond was
submitted.
Bid - 600,000 Gallons Regular Gasoline
Tangy: Wagon Delivery - 38.9c per gallon
600,000 Gallons Unleased Gasoline
Tangy: Wagon Delivery - 40.9G per gallon
260,000 Gallons Diesel Fuel No. 1
Tank Wagon Delivery - 37.5c per gallon
960,000 Gallons Diesel Fuel No. 2
Tank Wagon Delivery - 36.5G per gallon
Mr. Farrand noted that the bids differed in type of delivery and
escalation clauses and said the entire bids would be reviewed.
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and carried,
the bids were referred to Joseph Paszli, Manager of the Municipal
Services Facility, for review and recommendation.
PUBLIC HEARING ON ASSESSMENT- ROLL NO. 2978 - FELLOWS STREET -WIDENER
LANE SANITARY SEWER
This being the date set, public hearing was held on Assessment Poll
No. 2978 for the Fellows Street -Widener Lane Sanitary Sewers,
authorized under Improvement:Reso_lution No. 3406, 1974, adopted by
the Board on September 3,.19.7.4. The Clerk tendered proofs of publi-
cation of notice in the South -Bend Tribune and the Tri-County News
which were found to be sufficient. Mr. Farrand explained that the
purpose of this hearing was to give any property owners a chance to
make comments or ask questions concerning their assessments. Mr.
Farrand noted that each property owner should have received a notice
giving them the amount of their assessment. Mr. Melvin Pasalich,
504 E. Ireland Road, said he did not receive a -notice. Ile said a
notice was sent to Walter Pasalich, his brother, at 514 E. Ireland
Road with a notice of assessment of $1312.80. He said Walter
Pasalich is deceased. Mr. Farrand checked the assessment roll and
advised Mr. Melvin Pasalich that he is listed on:the Assessment Roll
at 504 E. Ireland Road with a total assessment of $571.40. He said
Walter Pasalich, 514 E. Ireland Road, is listed with a separate
assessment. The two assessments were combined in error and the
notice was sent to Walter Pasalich. Mr. Farrand said the figure
on the assessment roll for Melvin Pasalich was correct and was the one
which would be used. Mr. Frank Palfi, 1001 Widener Lane, said the
contractor bulldozed the property across the road from his property
and now water runs down across the road and onto his yard. Patrick
M. McMahon, Manager of the Bureau of Public Construction, advised
REGULAR TWEETING JANUARY 19, 1976
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Mr. Palfi that the City holds the Maintenance Bond for the contractor
and that Mr. Hamilton will be .asked to correct this situation as soon
as the frost is out of the ground. Mr. McMahon said the City is
aware of the problem. Mrs. John Marroni, 901 Widener Lane, asked
how the property owners would have to pay for the sewers. Mr.
Farrand explained that the Treasurer's, Office would send each
property owner a letter advising them of the amount of their assessment
and also advising them that they can pay the cost.in full within
thirty days or that they can come in and sign a waiver electing to pay
the cost in five yearly installments at 6% interest, payable at the
time they pay their real estate taxes. Mrs.. Marroni asked how the
assessment was figured and why it was not figured on the front footage.
Mr. Farrand said the method of assessment is set by state statute and
they are required to use square footage. He said the Board does not
have any option as to how to figure the assessment. Mrs. Marroni asked
Mr. Far -rand if the Board could delay the assessment until they,are sure
that all the property has been restored to the condition before the
construction; Mr. Farrand said the City holds the Maintenance Bond for
the project and that the contractor, Marion Hamilton & Son, Inc., would
not receive 100% payment on the contract until all the.work has been
completed satisfactorily. Mrs. Marroni said they were not notified prior
to the construction of the sewers and she asked why they did not receive
notice. Mr. Farrand said the Board is not required to send private
notice to the property owners. All the Barrett Law requirements were
met and those requirements are set .by State statute. Mrs. Maroni asked
if, when this area was annexed into the City, any money was put aside
for the sewers. Mr. Farrand said no but he said the 50%.of the City's
share of this project comes from the Cumulative Sewer Fund to which
these residents have not contributed. Mr. John Abraham, 502 E. Widener
Lane, said he did not want to comment on the assessment but on the
sewer construction itself which was a traumatic experience for the
property owners. He said the men who were sent out to deal with the
property owners did not use any finesse or expertise. Mr. Abraham said
residents could not drive their cars to their homes, there was much
inconvenience and many mufflers were damaged by cars having to drive
over rough unpaved surfaces. Mr. Abraham said he was to be consulted
as to where he wanted the tap placed on his property and he found out
that the tap was put out at the corner of Widener Lane and Fellows Street
and not at the property line. The tap is actually on City property.
Mr. Abraham said he spoke to one of the workmen and was advised that
this was done for the contractor's convenience because they did not have
the right length of pipe. Mr. Abraham said he talked to a gentlemen
in the Engineering Department, he believed was Mr. Wells, and was advised
to tell Mr. Hamilton to move the tap in to the property line. Mr.
Abraham said the tap was not moved and he.has photographs showing its
location. Mr. Abraham said should the sewer clog up, he will come back
to the City. Mr. Farrand asked that he be sent a.memo regarding this
situation and said he would have it checked. Mr. Louis Campanaro,
722 E. Widener Lane, said he had an assessment of $1,001.31 against his
property. He said this assessment included an easement on his property
and he does not feel he should be assessed for the easement since he cannot
ever build on that property. Mr. Farrand noted that the assessment is
based on the requirements set by state law and the law makes no exception
for easements. He said the Board has no discretion in the matter. Mr.
Campanaro said he cannot keep people off the easement property and Mr.
Farrand said he could fence the property if he wished. Mrs. Hildred
Widener, 4829 Miami Road, said a fence was taken down to allow the Fire
Department access to Widener Lane in case of an emergency during the
construction period and the fence has not been replaced. She said the
fence was to be replaced to keep traffic off their property. She also
questioned the metes and bounds assessment for the property on the south
side of Widener Lane. She said this property is in the process of being
condemned by the State of Indiana and it will never be used for,
residential purposes.. Because of this, she said she feels the metes and
bounds assessment is rather high. Mr. Farrand said there is a different
procedure used for metes and bounds assessments, but in this case also
the Board has no discretion in that area with regard to how the assessment
is figured. He said this improvement will place a higher value on the
REGULAR MEETING
JANUARY 19, 1976
property and that would be ta:k-p_ .,1 to consideration when the state
buys the property. Mrs. Widener asked Mr. Farrand if he could
give her the citation of the State Statutes which covers the methods
used for assessment. Mr.. Farrand said he could not quote them to
her at this time but he would be happy to provide her with that
information. Mrs., Martha Laderer, 501 Widener Lane, said it was her
understanding that there was no tee put in at their property line
so they could hook-up. She asked why. Patrick 11. McMahon, Manager
of the Bureau of Public Construction, said that unless the property
owner requests that no tee be put in it should have been put in
according to the plans. Mrs.. Laderer said they did not request that
no tee be installed. Mr. McMahon said if there was no written
request from the property owners not to install the tee it should have
been installed. If that is the case, they will ask the contractor
to install the.tee in the spring. Mr. Farrand advised Mrs. Laderer
that the Engineering Department will check into the matter. Mrs.
Knight,.925 Widener Lane, said there was a crack in their basement
which they had repaired five years ago. The vibration from the
sewer construction has caused the crack to open and they are afraid
the basement will now leak. Mr. Farrand said he would have someone
from the Engineering Department inspect the basement. Mr. Farrand
then said that they intend to restore the original contours;of the
area before the spring rains. Mr. Farrand was asked if storm drains
will be installed and he said no. He said they intend to re-establish
the pond that.former..ly existed. Mrs. Marroni said they did have storm
drains to begin with and she felt that the street should be put back
the way it was. Mr. McMahon said drainage pipe has been replaced but
it might be plugged. Mrs. Marroni said she felt if the conditions
were not corrected they might get water in their basement. Mr. Weldy,
representing the Christian Center, asked why their assessment was
based on a semi -circular area and said the sewer that was put in will
not be functional except for the church building itself., Mr. Farrand
said this assessment was a little different and was based on a
150 foot radius at the center of the property. He said he realized
that the sewer did not benefit all of the property, but he said
representatives of the Engineering Department did come out and walk
the property and explain to Pastor Sumrall and to Mr. Weldy how the
assessment was being made. Mr. Melvin Pasalich asked if his assess-
ment would have to be refigured and Mr. Farrand advised him that the
assessment on the assessment roll for his property was correct and
it was this amount that he would be billed. Mr. Abraham thanked the
Board for the opportunity to speak and suggested that more of a public
relations job be done.on the next sewer project like this. Mr.
Farrand said this is one of the most difficult Barrett Law projects
the City has been involved in. He said he understood the problems the
residents had with no access to their property, with the street torn
up and with vandalism. He said he walked the construction site many
times during construction. He said the City would hope that they
would never run into that set of circumstances again. He said the
City learned from the experience and so did the contractor. Mr.
Farrand was asked about the replacement of lawns with sod. He explained
that the City has had better results with mulch seed rather than sod.
He said the lawns will be repaired in the spring. He again advised
the property owners that the City holds the Maintenance Bond on the
project and will hold it until the work is done satisfactorily. Mr.
Pasalich asked if.there would be a hearing on the property repair
before the maintenance bond is released. Mr. Farrand said there would
not be another hearing but he said if the property owners are not
satisfied in the spring they should contact the Engineering Department.
Mr. Farrand.then asked if there was anyone else present who wished
to speak on the Assessment Roll. No one else spoke on the matter.
Mr. Farrand then made a motion that the Board approve Assessment
Roll No. 2978 for the Fellows St. -Widener Lane Sanitary Sewers. The
motion was seconded by Mr. Brunner and was carried.. Mr. Farrand then
thanked the property owners present for their patience in this matter
and he encouraged them to come in and tali; to Mr. McMahon who will be
in charge of supervision in the field. He said Mr. McMahon would be
happy to work with the property owners to see that the property is
restored to their satisfaction.
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REGULAR MEETING JANUARY 19, 1976
WINTER CARNIVAL ON RIVER BEND_.,PLAZA,APPROVED
The Board received a recommendation from the Legal Department on
their review of the request to hold a Winter Carnival on River
Bend Plaza on January 31 and February 1, 1976. It was recommended
that approval be given provided that each sponsoring organization
file with the Board of Public Works Certificates of Insurance
in the amounts of $100,000-$300,000, with the City of -South Bend
to be named as an additional insured on the Certificate or, in the
alternative, that Hold Harmless Agreements be filed. Upon motion
made by Mr..Farrand; seconded by Mr. Brunner and carried, the
Board approvedthe application for the Winter Carnival activities
on River Bend Plaza on January 31 and February 1, 1976 with the
stipulation that the sponsors of each event file the required
Certificates of Insurance with the Board.
REPORT ON.ST. JOSEPH COUNTY RIGHT TO LIFE APPLICATION
The following report was received from the Legal Department in
regard to the review of the application of the St. Joseph County
Right to Life Committee to operate a booth on River Bend Plaza
on January 22,.1976:
"Municipal Code Section 13-57 defines what acts are to
be considered "loud, raucous or disturbing noices" within
the City of South Bend. More specifically part (3) of this
section states:
The using, operating or permitting to be played,
used or operated of any radio receiving set,
musical instrument, phonograph, loudspeaker,
sound amplifier, or other machine or device for
the producing or reproducing.of sound which is
cast upon the public streets for the purpose,of
commercial advertising or attracting the attention
of the public to any building or structure.
As long as the activity sponsored by the Right to Life
organization does not impede vehicular or pedestrian
travel in its downtown location, it would be a permissable
activity.
Kathleen E. Cekanski
Deputy City Attorney if
Mr. Brunner commented that the first part of the ordinance
modifies the language to give the ordinance the presumption of
unconstitutionality. In light of the activities that have
occurred on the Plaza in the past with loud speaker equipment,
Mr. Brunner said that as long as the loud speaker does not have
the effect of impeding vehicular or pedestrian travel, there would
be no objection to the activity. It was noted that the Board
received a letter from Councilman Roger Parent supporting the Right
to Life Committee application. Mr. Brunner made a motion that the
request of the St. Joseph County Right to Life Committee be approved
and that they be given access to the mall on the date they have
indicated. The motion was seconded by Mr. Farrand and carried.
REPORT ON TAXI LICENSE APPLICATION OF STANLEY WAUMANS
Deputy City Attorney Kathleen Cekanski.submitted the following
report to the Board regarding her review of the application -of
Stanley Waumans for a taxi license which was previously denied.
"Mr. Waumans was interviewed immediately following the Board's
meeting. He admitted that he had been in arrears in child support
payments. He agreed to,have his two references contacted by
letter (attached).
The Board should specifically inquire as to why Mr. Waumans
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REGULAR MEETING
JANUARY 19, 1976
withheld information regarding hi§ police:'record. Secondly,,it
should weigh the letters of recommendation it has received in
response to the letters sent by the Department of Law.
The Board should then weigh all the information available and make its
decision accordingly,
s/. Kathleen Cekanski
Deputy City Attorney
m
Mr. Waumans was present. Mr. Brunner advised Mr. Waumans that the
Board was concerned about the fact that he did not note on his
application the fact that there was a charge of Reckless Driving on
February 4, 1972, that a charge of Driving Under the Influence was
dismissed but that Mr. Waumans was convicted of Reckless Driving and
was fined $38.00 and court costs of $28.70. Mr. Brunner asked Mr.
Waumans if there was some reason why he did not note this. Mr. Waumans
said he just did not write it down. Mr. Brunner asked Mr. Waumans if
there was some reason -why he did not note that he was arrested in
Greencastle, Indiana in 1967 on a charge relating to child support.
Mr. Waumans said he just did not note it. Mr. Brunner asked Mr. Waumans
if he recalled a charge in 1969 relating to public intoxication. Mr.
Waumans said he did. 11r. Brunner advised Mr. Waumans that including
this information on his application would not; in itself, have prevented
the license from being issued. He said the Board was concerned with
Mr. Waumans failure to recollect these charges and list them on his
application. Mr. Brunner said the Legal Department had asked for
references but had not yet received any response. He said it would be
his inclination to wait until these letters are received before the
Board makes a final judgment on the matter. Mr. Brunner then made a
motion that this matter be set over for final consideration one week
from today, Monday, January 26, 1976, at which time the Board would make
a determination. The motion was seconded by Mr. Mullen and was
carried.
REPORT ON REQUEST FOR REDUCED RATES IN BICENTENNIAL CABS
Deputy City Attorney Kathleen Cekanski reported to the Board -that she
had reviewed the request of the Independent Cab Company to offer
a reduction in rates for two Bicentennial Cabs. Miss Cekanski said
that since the rates governing taxicabs set by the Common Council are
considered maximum amounts, rates under those amounts would be
permissible. She recommended that the Board adopt a resolution setting
forth the specifics of this project and making it a matter of public•
record. A resolution to that effect was then submitted to the Board.
Mr. Thompson of the Independent Cab Company was present. Mr. Brunner
advised Mr. Thompson that the resolution indicated that these would be
metered cabs. The Board was not willing to accept the suggestion that
the cabs be unmetered and that the reduced fee be based on the total
distance covered in the trip. The resolution states that the cab will
be metered and that 50(,% would be deducted from the metered rate at the
end of the trip. Mr. Thompson said what he had in mind was to offer
a 50(,, reduction for each person per day if they took the cab both ways.
He said if the meter could be set at 50(,% instead of 750, then there
would be a 250 reduction for each trip. Mr. Brunner asked how potential
customers would be advised of the saving. Mr. Thompson said he hoped
newspaper stories would tell customers about it. Mr. Brunner asked
Mr. Thompson if there would be something posted in the cab to the effect
that a savings would be effected. Mr. Thompson said he could do this.
Mr.Mullen asked Mr. Thompson how many cabs he had. Mr. Thompson said
he has one and is now trying to purchase a second one and possibly a
third cab. Mr. Brunner said this plan would then affect Mr. Thompson's
entire fleet. Mr. Thompson said he hopes to have three cabs, two of
which would be Bicentennial cabs. Mr. Brunner said the Board would not
want to change the metered setting in the cabs. He said the meter should
be set as the ordinance directs and then the reduction made on the
total cost of the trip. Miss Cekanski noted that the ordinance does call
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REGULAR MEETING JANUARY 19, 1976
for the setting of the meters;; in all cabs. Mr. Thompson said he
would post in the cab the information that the passengers are entitled
to a 25� reduction off,the metered rate for each trip. Mr. Mullen
asked if this applied to each passenger in the cab and Mr. Thompson
said that it did. Mr. Brunner said the resolution submitted to
the Board this morning would have to be redrafted since the resolution
indicated a 50y,reduction would be made at the end of each trip.
Upon motion made by Mr. Brunner, seconded by Mr. Farrand and carried,
the matter of the Bicentennial Cab reduced fare was tabled until
January 26, 1976 so that the resolution can be redrafted and resubmitted
to the Board.
REPORT FROM LEGAL DEPARTMENT ON TREE CUTTING SERVICE AT WILLIAM AND MARION
Mr. Brunner.reported to the Board that the Legal Department had
researched the problem of a tree cutting service operating at William
and Marion Street, brought to the attention of the Board last Monday.
by Donald Fisher, President of the Park Avenue Neighborhood Association.
Mr. Brunner said that Deputy City Attorney William Stanley has been
involved in this case since last September. The Legal Department
investigated the status of the case and finds that there presently is
litigation pending against the owner of the property. Litigation is
also pending against a third party defendant, Conrad Hansen, who is
using the lot based on a verbal agreement with the owner, Dr. Alfred
Fromm. Mr. Brunner said he had received a call from Mr. Hansen who
assured him that the nuisance would be abated within one week's time.
r-� Mr. Brunner said he asked Police Chief Michael Borkowski to have a beat
U patrolman in that area check the lot from Friday through Monday to
see if the nuisance was being abated. Sgt. James Rzeszewski, South Bend
police officer was present and said he checked the lot on Friday and
Saturday and no work was being done. On Sunday there was some work
being done splitting logs. As of 9:30 this morning, Sgt. Rzeszewski
said there was one man on the lot.splitting logs but very minor clean-up
had been done. Mr. Mullen asked Sgt. Rzeszewski if there was any
burning on the lot and Sgt. Rzeszewski said there was not. Mr. Brunner
said while it would appear that Mr. Hansen was beginning to suspend
operations, his agreement was that the nuisance would be abated and
the lot cleaned up by today. Mr. Brunner said if the lot was not
cleared by today, he would suggest that the City proceed with their
pre-trial with respect to.a request for a temporary injunction. Mr.
Stanley was present and said he would file an affidavit and ask for
a temporary injunction hearing one week from the time of filing. Mr.
Brunner said Mr. Hansen has had sufficient time to abate the nuisance
which has been in existence since last September. He said Mr. Hansen
should be aware that this injunction suit will be pressed immediately if
the nui-sance is not cleared. Mr. Brunner then asked Sgt. Rzeszewski to
give him a report tomorrow, January 20, as to whether the logs and
barrels have been removed. Mr. Donald Fisher was present and said
that he checked the lot this morning at 9:50 a.m, and there was one man
working with a power saw. No clean-up has been done. Mr. Brunner then
made a motion that the litigation proceedings pending be expedited if
the nuisance which apparently is continuing on the Marion Street property
is not abated by January 20, 1976. The motion was seconded by Mr.
Farrand and was carried.
ADOPTION OF RESOLUTION NO. 1, 1976 - SALE OF CITY -OWNED PROPERTY
Upon motion made by.11r. Farrand, seconded by Mr. Mullen and carried,
the following resolution authorizing the sale of city -owned real
estate was adopted:
RESOLUTION NO. 1, 1976
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN
PARCELS OF REAL ESTATE OWNED BY THE CITY OF
SOUTH BEND, INDIANA
REGULAR MEETING JANUARY 19� 1976
WHEREAS, the Board of Public -Works of the, City of South Bend
has compiled a current detailed inventory of all real
property owned by the City of South Bend,. Indiana; and
WHEREAS, the Board of Public Works has reviewed said inventory
of real property and it now finds that certain of the
.parcels of real estate now owned by the City are not
necessary to the public use and,are not set aside by state
or city law for public purposes, pursuant to Section
30A-2 of the Municipal Code of the City of South Bend; and
WHEREAS, the Board of Public Works now wishes to take the necessary
action to make it possible for the Board, in the future,
to sell said parcels of real estate pursuant to Chapter
30A of the Municipal Code of the City of South Bend.
NOW, THEREFORE,BE IT RESOLVED by the Board of Public Works of the
City of South Bend, Indiana:
1. That the parcels of real estate owned by the City, contained
in the following list are not necessary to the public use
and are not set ..aside by state or city law for public purposes:
Street Address Deed No.
524 S. Fellows Street 641
2. That this resolution shall immediately upon its adoption be
submitted to the Common Council of the City of South Bend
pursuant to Section 30A-2 of the Municipal Code of the City
of South Bend.
Adopted this 19th day of January, 1976.
BOARD OF=PUBLIC WORKS
CITY OF SOUTH BEND
s/ Rollin E. Farrand
s/ Thomas J. Brunner, Jr.
s/ Peter H. Mullen
ATTEST:
s/ Patricia DeClercq
Clerk
APPROVAL OF PURCHASE AGREEMENT FOR SALE OF 1033 GEORGIANA
Kathleen Cekanski, Deputy -City Attorney, advised the Board that
in accordance with the Ordinance, procedures had been followed to
establish the offering for sale of a city -owned lot at 1033
Georgiana Street. The value of the propety is under $1000 so the
ordinance allows the Board to enter into a purchase agreement for the
sale of the property without advertising. Miss Cekanski said she
had drafted a purchase agreement for the sale of the property at
a total price of $550.00.to Nellie Mae Smith and Mrs. Smith has
signed the agreement. Miss Cekanski said the agreement was now
ready for the Board's approval. Upon motion made by Mr.`Farrand,
seconded by Mr. Mullen and carried, the Board approved the purchase
agreement and directed Miss Cekanski to prepare the deed _for final
closing.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period of January 9 through
January 13 was received. Upon motion made by Mr. Farrand, seconded
by Mr. Mullen and carried, the report was ordered filed.
REGULAR MEETING JANUARY 19, 1976
FILING OF PETITION TO VACATE ALLEY - HOUSER MEDICAL CORPORATION
Houser Medical Corporation., by its Attorney Jack C. Dunfee, Jr.,
files its petition to vacate the east -west alley between Marion and
Navarre Street, running west from Lafayette Street to the inter-
secting north -south alley. The petitioners plan to construct a
medical facility in the area. Upon motion made by Mr. Farrand,
seconded by Mr. Brunner.and.carried, the petition was filed and
referred to the Engineering Department for review and recommendation
and simultaneously to the Area Plan Commission for their review and
recommendation.
BOND APPROVED
Ray S. Andrysiak, Bureau of Engineering, reported to the Board'
that the Continuation Certificate for the Contractor's Bond
of Cohagen Equipment Company had been properly executed and could
be approved to 10/5/76. Upon motion made by Mr. Farrand, seconded
by Mr. Brunner and carried, the bond was approved to the date listed.
LETTER FROM MICHIANA MACK FILED
The following letter was received by the Board:
"City of South Bend
Board of Public Works
County -City Building
South Bend, Indiana
Gentlemen:
I am sorry that due to a previous important commitment,. I
am unable to attend this meeting to express my thoughts.
It is my understanding that the fire apparatus bids of
December 8th are being re-examined.
Based on the letter of intent from the Board of Public
Works, dated December 18, 1975, Ifichiana Mack, Inc. is
committed to Mack Trucks, Inc. for three (3) Mack Pumpers,
per our bid of December 8, 1975.
I have already expended a great amount of time and a
considerable amount of money to expedite the production
of these units, in order to meet the delivery commitment
in our bid. Two (2) of the chassis are already in transit
from California to Indiana, at my expense (approximately
$1,200.). It was necessary for me to proceed in this manner,
because two (2) of the units bid were subject to prior sale.
If I had not committed for these two (2) units and they had
been sold, the delivery in a new order would be eighteen to
twenty months.
The difference in cost between the Mack fire apparatus and
the lesser bids offered, only amounts to several hundred
dollars per year over the life of the apparatus.
These three (3) units will give you eight (8) pieces of Mack
Fire apparatus with the same identical engines and running
gear. The, South Bend Fire Department now has only two (2)
types of diesel engines in service. If you were to purchase
Ford trucks, with Cummins Engines, you would then have a
third type and brand of engine and pump,.and another brand
of chassis for your maintenance people to.be trained on and
become familiar with. Seven (7) of the pumpers would have
identical pump operations, which minimizes the training time
for the fireman and contributes to faster and safer operation.
REGULAR MEETING JANUARY 19, 1976
The overall height of some of the other apparatus bid will
limit their use to three or four of your current stations, due
to the low doors in the other stations. The Mack equipment
we have bid meets or exceeds every detail on your specifications
and we will give you certifications on any item that you request.
In the past several years, I have delivered or have on order
Mack Fire Apparatus totaling over $1,000,000. The quality
and performance of Mack in fire service is undisputed and
we at Michiana Mack, Inc., have proven our ability to give
fast quality service on your fire apparatus.
I will be happy to meet with any members of the board and the
chief at your convenience.
Yours truly,
s/ Ronald I. Delcamp
Vice President
It was moved by Mr. Farrand, seconded by Mr. Brunner and carried,
that the letter be ordered filed. It was noted that the public
hearing on the appropriation of funds for the fire equipment will
be held at the Common Council meeting this evening.
BOND RELEASED - FRED BLACK CONSTRUCTION COMPANY
Ray S. Andrysiak, Bureau of Engineering, reported to the Board that
the surety had requested release of the bond of Fred Black
Construction Company. Mr. Andrysiak said the contractor has filed
a new bond with the Board and, therefore, this previous bond can be
released, effective January 19, 1976. Upon motion made by Mr.
Farrand,. seconded by 14r. Brunner and carried, the bond was released.
CHANGE ORDER NO. 1 APPROVED - RANDOLPH STREET RETENTION BASIN
Change Order No. 1 for the Randolph Street Retention Basin project
was submitted to the Board. The Change Order increased the
contract by $175.00. Mr. Farrand explained that the Change Order
was to allow for a 6.5" post in place of the 4" post for a double
swing gate. The Change Order was recommended favorably by
Mr. Farrand and by Patrick M. McMahon, Manager of the Bureau of
Public Construction. Upon motion made by Mr. Farrand, seconded by Mr.
Mullen and carried, the Change Order was approved.
CHANGE ORDER APPROVED - MIAMI-RIDGEDALE INTERSECTIO14•IIIPROVEMENTS
Change Order.No. l for the Miami-Ridgedale Intersection Improvements
was.submitted to the Board. The Change Order decreased the
contract by $307.10 and was to adjust the contract to as -built
quantities. The Change Order was favorably recommended by Mr. Farrand
and Patrick McMahon, Manager of the Bureau of Public Construction.
Upon motion made by Mr. Farrand, seconded by Mr. Brunner and
carried, the Change Order was approved.
PROJECT COMPLETION AFFIDAVIT APPROVED - P'MIA11I-RIDGEDALE INTERSECTION
The Project Completion Affidavit for the Miami-Ridgedale Inter_ se,eti.on
Improvements was submitted to the'Board. 'The' project . Had 1.a final
cost of $23,828.90 and was within the budgeted amount. Mr.-Farrand
and Patrick McMahon, Manager of the Bureau of Public Construction,
recommended approval of the Affidavit. Upon motion made by Mr.
Farrand, seconded by Mr. Mullen and carried, the Project Completion
Affidavit was approved.
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1
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REGULAR MEETING
JANUARY 19, 1976
CHANGE ORDER APPROVED - MISHAWAP.A AVENUE SIGNALIZATION
Change Order No. 1 for the Mishawaka Avenue Signalization Project
was submitted to the Board. The Change Order increased the
contract by $1,210.40 and was to adjust the contract to as -built
quantities. It was determined in the field that the location of
the power source for the signal would have to be relocated and this
resulted in part of the increase.- Mr. Farrand and Mr. McMahon
recommended the Change Order favorably to the Board. Upon motion
made by PZr.-Farrand, seconded by Mr. Mullen and carried, the
Change Order was approved.
PROJECT COMPLETION AFFIDAVIT APPROVED - MISHAWAKA AVENUE SIGNALIZATION
The Project Completion Affidavit for the Mishawaka Avenue Signalization
was submitted to the Board. The Project had a total cost of $42,702.70
and was within the budgeted amount. Upon motion made by Mr. Farrand,
seconded by Mr. Brunner and carried, the Project Completion Affidavit
was approved.
CERTIFICATE OF INSURANCE FILED - COLE ASSOCIATES, INC.
A Certificate of Insurance received from Cole Associates, Inc. was
reviewed by Deputy City Attorney Kathleen Cekanski. Miss Cekanski
recommended that it be filed with the Board. Upon motion made by
Mr. Farrand, seconded by Mr. Brunner and carried, the Board filed
the certificate.
APPROVAL OF THREE WAY STOP AT EDISON AND'HICKORY
Ralph Wadzinski, Manager of the Bureau of Traffic and Lighting,
recommended to the Board that a three way stop be installed at
the Hickory and Edison intersection. Mr. Wadzinski said the
installation was being made with the concurrence and participation
of the City of Mishawaka. Upon motion made by Mr. Farrand, seconded
by Mr. Mullen and carried, the Board approved the installation
with the City of South Bend to be responsible for the southwest
quadrant.
SIGNING OF TITLE SHEET - AIRPORT INDUSTRIAL PARK, PHASE FOUR
The Title Sheet.approving the plans for the Airport Industrial Park,
Phase Four, was submitted to the Board. Mr. Howard Bessire and
Mr. Gerald Phipps were present. Mr. Bessire advised the Board that
the Economic Development Association has given a grant of $1,004,000.
toward this project. The contract will include a bridge across the
toll road and a part of the project is for the widening of Bendix
Drive and Cleveland Road. Mr. Bessire said he would like
authorization from the Board to advertise for bids for the project.
There was some discussion regarding the bid advertising. Mr. Farrand
noted that there is still some right-of-way acquisition to be
completed and he suggested that the Board approve the title sheet
but delay setting the advertising for bids. Upon motion made by
Mr. Farrand, seconded by Mr. Brunner and carried, the Board signed
the title sheet approving the plans for the Airport Industrial Park,
Phase Four.
BID AWARDED - CENTURY CENTER HOLLOW METAL AND FINISH HARDWARE
The Board received a recommendation from Patrick M. McMahon, Manager
of the Bureau of Public Construction, that he had reviewed the bids
received for the contracts for Hollow Metal and Finish Hardware for
Century Center and he was recommending that the Board accept the
bid and award a contract for the Civil City's share of the contract
to the low bidder, Miller Steel & Supply Company, on their low bid
of $119,613. The City's share of the contracts is $65,787.00.
Mr. McMahon noted that the Building Authority will be awarding their
share of the contract to Miller Steel & Supply Company in the amount
of $53,826.00. Upon motion made by Mr. Farrand, seconded by Mr.
REGULAR MEETING
JANUARY 19, 1976
Brunner and carried, the Board accepted the low bid of Miller Steel
& Supply Company and awarded the City's share of the contract for
Finish Hardware and Hollow Metal for Century Center to them in
the amount of $65,787.00.
There being no further business to cone before the Board, -upon
motion made by Mr. Farrand, seconded by Mr. Mullen and carried,
the meeting adjourned at 11:20 a.m.
Mr. Farrand reconvened the meeting at 11:30 a.m. to consider two
proposals received regarding the gasoline bids. Both letters
were postmarked January 15 and were received in the Counter -City
Building this morning but were not delivered to the Board until
the meeting had adjourned. Deputy City Attorney Kathleen Cekanski
advised the Board that she would recommend the proposals be opened
at this time.
Amoco Oil Company
A letter was received, signed by H. L. Heinig, Supervis:or-,.>Rroduct
Pricing Department, advising the Board that because of the Federal
Regulations allocating the volume of petroleum products, they are
precluded from submitting a bid. Mr. Heinig indicated that they
would continue to•supply their customers consistent with federal
or voluntary allocation programs, with prices at the lawful levels
in effect on the date of shipment. Current transport delivery
prices were then listed as follows: Amoco Regular Gasoline 35.716,
Amoco Lead Free Gasoline 37.39c, Amoco #1 D.F. 35.30(,%, American
#2 D.F. 33.27(,%, and Amoco Furnace Oil 33.50(�.
Atlantic Richfield Company
A letter was received, signed by-C. P. Oonk, advising the Board
that they were not able to submit a bid on fuel requirements.
They indicated that if the City was able to -secure a bid as requested,
they would request a letter releasing them from supply obligation.
If no bid is received and acceptable, they would continue to supply
the City requirements for Diesel Fuel for the Wastewater Treatment
Plant.
Since neither of the letters was a bid on the gasoline and fuel
requirements, upon motion made by Mr. Farrand, seconded by Mr. Mullen
and carried, the letters -were -ordered filed.
Mr. Farrand made a motion for adjournment, seconded by Mr. Mullen
and carried, and the meeting adjourned at 11:25 a.m.
in E. Farrand
T mas J u Jr.
eter Y. Tfullen
ATTEST:
r
Patricia DeClercq, Clerk