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HomeMy WebLinkAbout08/06/1979 Board of Public Works Minutes154 REGULAR MEETING AUGUST 6, 1979 A regular meeting of the Board of Public Works was convened at 9:30 a.m. on Monday, August 6, 1979 by President Patrick M. McMahon, with Mr. McMahon, Mr. Brunner and Mr. Mullen present. Deputy City Attorney Terry A. Crone was also present. MINUTES OF PREVIOUS MEETING APPROVED Mr. Brunner reported that the minutes of the July 31 meeting had been reviewed and he made a motion that the minutes be approved as submitted. Mr. Mullen seconded the motion and.it carried. AGENDA ITEMS ADDED Mr. McMahon advised the Board that a request for a Handicapped Parking Permit, a Block Party request and an offer to purchase city -owned property were received after the posting of the meeting agenda and he made a motion that they be added at this time. Mr. Brunner seconded the motion and it carried. OPENING OF BIDS - POLICE RADIOS This was the date set for receiving bids for Police Radio Equipment. 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: Motorola, Inc. submitted a letter stating they were not submitting a bid. General Electric Bid was signed by Andrew Campos, 205 W. Touhy non- collusion affidavit was Park Ridge, Illinois 60068 in order and a 10% bid bond was submitted. Bid - 10 Portable Radios GE PE65KDWDMX 918.50 10 Spare 700 mah nicad battery_ 31.50 10 G E 361L1A1X charger 31.40 981.50 $9,815.00 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the bid was referred to the Communications.Department and the Police Department for review and recommendation. OPENING OF BIDS - DE -ICING CHEMICALS This was the date set for receiving bids for de -icing chemicals for the Street Department. 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: ROCK SALT Morton Salt Company advised that they were not submitting a bid. Diamond Crystal Salt Company advised that they were not submitting a bid. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Board authorized readvertising for bids for rock salt. REGULAR MEETING LIQUID CALCIUM CHLORIDE Pierceton Equipment Company AUGUST 6. 1979 Bid was signed by Paul Beebe, non - collusion affidavit was in order and a 10% bid bond was submitted. 155 Bid - 100,000 Gal. or less - 32% Liquid Calcium Chloride - .2500 per gal. CALCIUM:_-:CHLORIDE SAND MIXTURE Medusa Aggregates P. 0. Box 5529 Lafayette, Indiana Bid was signed by Glenn A. Remaly, non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - 10,000 tons Calcium Chloride Sand Mixture - $10.15 per ton $101,500.00 The Levy Company P. 0. Box 540 Portage, Indiana Bid was signed by Richard Marrese, non - collusion affidavit was in order and a 10% bid bond was submitted. Bid - 10,000 tons Calcium Chloride Sand Mixture - $9.75 per ton $97,500.00 Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried the bids were referred to John Stancati, Director of Utilities,for review and recommendation. CONTRACTUAL AGREEMENT APPROVED WITH TIRE SERVICE COMPANY Mr..McM,ahon advised the Board that Tire Service Company, Inc. has requested a curb cut to serve as access from Monroe Street to its facility. The Curb Cut Review Committee denied the request based on its finding that a traffic hazard would be created by trucks using this area. The Legal Department has prepared an agreement whereby access on Monroe Street would be restricted to prevent the use of delivery trucks for loading or unloading and the agreement has been signed by an officer of Tire Service Co. Mr. McMahon noted that the approved agreement will be recorded. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the agreement was approved, as follows: CONTRACTUAL AGREEMENT This contractual agreement entered into this 6th day of August, 1979 between the City of South Bend, Indiana, a municipal corporation (hereinafter "City ") by and through its City Engineer, Tire Service Co., Inc., an Indiana Corporation (hereinafter "Tire Company "), and Ross Realty Co., an Indiana general partnership (hereinafter "Realty Company "), witnesseth: WHEREAS, Tire Company proposes to operate a tire service retail facility located on the following described real property within the City of South Bend, St. Joseph County, Indiana: Lot 4 of Hudson's Subdivision, conanonly known as 501 South Columbia Street; and WHEREAS, Realty Company is the owner of the above - described real property and building located thereon proposed to be used by Tire Company; and WHEREAS, the above- described real property is bounded on the north by Monroe Street and bounded on the west by Columbia Street, all with- in the City of South Bend, Indiana; and 156 REGULAR MEETING AUGUST 6. 1979 WHEREAS, Tire Company has sought permission from the City, through the Curb Cut Review Committee of the St. Joseph County Area Plan Commission, for a curb cut to serve as a point of access from Monroe Street to its facility for use by both customers of Tire Company and trucks loading and unloading at the facility; and WHEREAS., the Curb Cut Tire Company for a cu that a traffic hazard as a maneuvering area facility; and for the and Review Committee has denied the request of rb cut along Monroe Street, based on its finding would be created by trucks using Monroe Street in order to enter or.exit the Tire Company purpose of loading and unloading merchandise; WHEREAS, the City Engineer of the City of South Bend has concurred in the decision of the Curb Cut Review Committee to deny the request for a curb cut along Monroe Street for use as an access point for truck traffic entering and exiting onto and from the Tire Company facility; and for the purpose of loading and unloading merchandise; and WHEREAS, in response to the denial of its request for a curb cut along Monroe Street, Tire Company has modified its request to include a curb cut to be used as an access route onto and from its facility only for customer traffic and not as an access route for trucks loading and unloading at the facility; and WHEREAS, the City Engineer has agreed to such modified request provided that assurances are offered by Tire Company and Realty Company that the requested curb cut along Monroe Street will be used as an access route only for customer traffic and not as an access route for truck traffic along Monroe Street for loading and unloading. NOW, THEREFORE, in consideration of the premises and benefits which will accrue to the parties hereto in carrying out the terms and conditions of this agreement, it is mutually understood and agreed as follows: 1. The City, by and through its City Engineer, agrees to authorize. a curb cut along Monroe Street, South. Bend, St, Joseph County, Indiana, to be used as a point of access onto and from the property described herein owned by Realty Company to be used by Tire Company as a tire service retail facility. 2. Tire Company and Realty Company agree that the curb cut along Monroe Street shall be used as an access route onto and from their building and property only by customers traffic, and such curb cut shall not be used as a point of access by trucks entering or exiting onto or from their property to load or unload merchandise. 3. Tire Company and Realty Company agree to take whatever affirmative action may be necessary to ensure that the curb cut along Monroe Street as approved shall not be used as an access route for truck traffic for the purpose of loading and unloading merchandise. 4. Tire Company and Realty Company agree and acknowledge that if, for any reason, they should fail to adequately ensure that the curb cut as approved along Monroe Street is not used as an access route for truck traffic for the purpose of loading and unloading merchandise, the City through its appropriate agencies and officers shall have the right to permanently close the curb cut. 15'.7 REGULAR MEETING AUGUST 6, 1979 5. Tire Company and Realty Company agree and acknowledge that if the eventuality stated in paragraph 4 herein should take place, it shall hold the City harmless from any claims for damages to the building and property described herein arising from the closing of the curb cut along Monroe Street. Further, Tire Company and Realty Company expressly release the City, its officers, employees and agents from any and all liability for damages to the building and property described herein arising from the closing of the curb cut along Monroe Street resulting from the failure to fulfill the terms and conditions stated in paragraphs 2 and 3 herein. 6. Tire Company and Realty Company agree that they have entered into this agreement on behalf of themselves, and their devisees, successors, and /or assigns. Signed and dated this.30th day of July, 1979. TIRE SERVICE CO.., , INC. By: s/ George E. Ross, Pres. ROSS REALTY CO. By: s/ George E. Ross CITY OF SOUTH BEND BY: s/ Patrick M. McMahon City Engineer APPROVED BOARD OF PUBLIC WORKS August 6,1979 s/ Patrick M. McMahon s/ Thomas J. Brunner, Jr. s/ Peter H. Mullen APPROVAL OF CONTRACT - IRELAND ROAD WIDENING The Contract with Rieth Riley Construction Company for R & S 7903 the Widening of Ireland Road, from U. S. 31 to Fellows Street, was submitted to the Board. The contract is in the amount of $69,926.75 and is in accordance with the bid awarded. The Performance, Maintenance and Labor and Materials Payment Bonds were attached to the contract. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the contract was approved and the bonds filed. AWARDING OF BID - PLASTER REPAIRS AT MORRIS CIVIC AUDITORIUM Floyd Jessup, Manager of the Morris Civic Auditorium, advised the Board that the bid received for plaster repairs at the Morris Civic Auditorium had been reviewed. The low and only bid received was from Gibson Lewis Company in the amount of $9,877.00 and Mr. Jessup recommended that it be accepted. Upon motion made by Mr. McMahon, seconded by Mr: Mullen and carried, the bid was awarded subject to approval of the funding. BID ADVERTISING APPROVED - RESURFACING PROJECTS Patrick M. McMahon, Director of Public Works, submitted to the Board a request to advertise for bids for resurfacing. Mr. McMahon noted that due to the rainy weather and the very heavy schedule of the Street Department for this,year, he would like to advertise for bids for resurfacing in the event the Street Department is not able to complete all the proposed program. This would allow the Board to contract for the work to be completed. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the request was approved. REGULAR MEETING BID ADVERTISING APPROVED - FIRST AUGUST 6, 1979 CENTER PROJECT Patrick'M. McMahon, Director of Public Works, advised the Board that, based on conversations he has had with the architect and the Construction Manager for the First Bank Center project., he is requesting permission to advertise for bids for sheeting and bearing piling at the excavation site. Details of the request will be formulated today. In order that the work can be expedited, Mr. McMahon requested that the Board approve advertising for bids for the.work. It is estimated the cost of the sheeting will be $50,000 and the bearing piling $50,000. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the request was approved. BID ADVERTISING APPROVED - RESIDUAL PROPERTY MICHIGAN /MAIN CONNECTOR Mr. McMahon noted that the Board had advertised for bids on two occasions for the sale of residual property at the site of the Michigan /Main Connector with no bids received. He is now requesting permission to advertise for bids on credit terms over three years, in accordance with the ordinance governing the sale of city -owned property. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board approved the request to advertise. BID ADVERTISING APPROVED - CONCRETE IMPROVEMENTS John E. Leszczynski, Manager of the Bureau of Public Construction, requested permission to advertise for Concrete Improvements in the 1100 Block Echo Drive, the intersection of Clayton and Eaton Drive, the intersection of Sample and Sheridan, the island at the intersection of York and Ireland Road and the repair of curbs on Miami Street, from Eckman to Donmoyer. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved. CHANGE_ORDER APPROVED - MICHIGAN /MAIN CONNECTOR Change Order No. f in the contract with Rieth Riley Construction Company for the Michigan /Main Connector was submitted to the Board with the favorable recommendation of Patrick M. McMahon, Director of Public Works, and John E. Leszczynski, Manager of the Bureau of Public Construction. The Change Order increases the contract by $41,033.78 and provides for the widening of Main Street, from Madison to LaSalle, where the present forty -foot roadway will be widened to sixty feet. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the change order was approved subject to funding. ENCROACHMENT APPROVED - RAILWAY EXPRESS BUILDING James Markle, Building Commissioner, reported to the Board that he had reviewed the request of Smith -White Company for a three -inch encroachment on the public sidewalk at the Railway Express Building on West South Street and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved STREET LIGHT RECOMMENDATIONS APPROVED Joseph J. Pluta, Assistant Manager of the Bureau of Traffic and Lighting, recommended the following street light installations and /or removals: REMOVE: 100 E. Washington - 43,000L Fluor. UG SP $15.37/mo. 159 REGULAR MEETING INSTALL: 1800 Greenwood 7,000L MV OH WP $4.80 /mo. AUGUST 6, 1979 Total Decrease $10.57 /mo. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the recommendation was approved. BLOCK PARTY APPROVED - JAMESTOWN COURT Ralph J. �,Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of Richard Thomas to close the,4700 block of Jamestown Court for a Block Party on Saturday, August 11 from 3:00 p.m. to 8:00 p.m. had been reviewed with the Police Department and approval is recommended, with the understanding that a 10 -foot emergency lane be kept open at all times. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Block Party was approved. BLOCK PARTY APPROVED 1000 BLOCK OAK STREET Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of Linda Johnson to close the 1000 block:Qak Street on Saturday, August 11 (rain date August 12) from 4:00 p.m. to 8 :00 p.m. for a Block Party had been reviewed with the Police Department and approval is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Block Party was approved. BLOCK PARTY APPROVED - 1100 -1200 E. Bronson The Board received a request from Thomas J. Brunner, Jr. for the closing of the 1100 -1200 blocks East Bronson fora Block Party on Sunday, August 12, from 4:00 p.m. to midnight. The Bureau of Traffic and Lighting reviewed the request and recommended approval. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was approved, TRAFFIC CONTROL DEVICES APPROVED Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended installation of the following traffic control devices: A. Install No Parking Zone on the North and South side of Pleasant Street, 200 feet each side of Ironwood. to facilitiate lane usage of the newly constructed intersection. B. Install No Parking on the East and West side of Ironwood, 150 feet North of Pleasant, to facilitate lane usage of the newly constructed intersection. C. Install Stop Signs at the Ayr -Way Exit Drive to 3300 Ardmore Trail. D. Install Stop Sign on Kindig at Fairfax. Kindig is a through street into Crest Manor. E. Install Stop Sign on Kindig at Cambridge, a tee intersection. Upon motion made by Mr. McMahon, seconded by Mr, Brunner and carried, the recommendations were approved. 160 REGULAR MEETING OPEN AIR STAND APPLICATION APPROVED AUGUST 6, 1979 James W. Gesto submitted an application to operate an Open Air Stand at the corner of Jefferson and Logan for the sale of produce. The permission of the private property owner for location of the stand on his property was attached, Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved, subject to securing the necessary license. STREET LIGHT OUTAGE REPORT FILED The Street Light -Outage Report for the period July 27 to August 4 was submitted to the Board. The report indicated no outages. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the report was ordered filed and the Police Department is to be advised to request the evening shift to give additional attention to the outage report. CLAIMS APPROVED Chief Deputy Controller Michael L. Vance submitted to the Board Claim Docket Numbers 15165 through 15466 and recommended approval. Upon motion made by Mr, McMahon, seconded by Mr. Brunner and carried, the Board approved Claim Docket Numbers 15165 through 1.5466 and directed that checks for payment be issued. STREET CLOSING APPROVED -_1900 BLOCK SOUTH RUSH Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, reported to the Board that the request of Bob Banacka to close the 1900 block of South Rush Street on Saturday, August 25 from 12:00 noon to midnight for a wedding reception had been reviewed with the Police Department and approval is recommended. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the request was , approved. HANDICAPPED PARKING PERMIT APPROVED Herbert L. Jones submitted an application for a Handicapped Parking Permit. Attached to the application was a doctor's statement concerning Mr. Jones' disability. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the application was approved and referred to the Deputy Controller's ',Office for issuance _of the permit. OFFER TO PURCHASE 2005 W, INDIANA APPROVED CONDITIONALLY The City -owned property at 2005 W. Indiana Avenue was offered for sale by sealed bid because two individuals had expressed an interest in purchasing the lot. There were no bids received. The Board notified the individuals that offers to purchase would be considered if they were received by July 30, Eugene LeDonne submitted an offer on July 30 of'`$220.00 for the lot. Upon motion made by Mr. McMahon, seconded by Mr. Brunner and carried, the Board accepted the offer subject to approval of the Common Council for sale of the lot at less than the appraised value. BOND RELEASED TRAHAN CONSTRUCTION 'COMPANY Ray S. Andrysiak, Bureau of Engineering, advised the Board that the request to release the I Contractor's Bond of Trahan Construction Company had been reviewed and the bond can be released. Upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the Contractor's Bond of Trahan Construction Company was released effective this date. REGULAR =LNG AUGUST 6, 1979 There being no further business to come before the Board, upon motion made by Mr. McMahon, seconded by Mr. Mullen and carried, the meeting adjourned at 10:1 ATTEST: Patricia DeClercq, Clerk 161 162 0