10/05/1981 Board of Public Works Minutes

Home Browse Search

79 REGULAR MEETING OCTOBER 5, 1981 Michigan. Mr. Hill stated that the city must hire a freeholder for appraisal work, and it had been confirmed that Mr. McCloskey met those requirements and was indeed a freeholder in South Bend. Mr. Hill stated that the more substantive objection dealt with the rezoning of the property at a future point in time, and he felt the question of whether or not a rezoning would come about was a valid point. He stated that the property had been appraised on the basis of it being zoned light industrial and, if sold, Lock Joint Tube would need to have the property rezoned from residential to light industrial in order to suit its purposes. He recommended that the Board reject the bid of $11,430.00 and propose a counter-offer in the amount of $18,250.00 with a provision that the purchase be subject to the rezoning of the property to light industrial. He stated that, in this way, if the rezoning was not approved, the sale of the property would not take place. Mr. Robert Stachowiak from Lock Joint Tube Company wondered if the rezoning procedure could be initiated and conducted prior to the property being conveyed to his company. Mr. Hill stated that the Board of Works may have to assist in �. the rezoning process as the owner of the property, but he felt �- no serious problems would be encountered in this regard. Mr. Masters suggested that the city may have to sign a deed over to Lock Joint Tube containing a condition of the sale being subject to the rezoning. Upon a motion made by Mr. Hill, seconded by Gt Mr. Kernan and carried, the bid of Lock Joint Tube was rejected as not being equal to the city's offering price and a counter- offer made reconfirming the offering price of $18,250.00, subject to a provision that the purchase agreement provide for the sale of the property only if said property is rezoned to light industrial, and further that the purchase agreement contain, if necessary, a re -purchase clause should the rezoning not be approved. APPROVAL OF CHANGE ORDERS NO. 1 & NO. 3 - BROWN AND BROWN CONTRACTORS (FIRST BANK CENTER) Mr. Leszczynski stated that Change Order No. l.was being submitted to Brown and Brown's contract on the First Bank Center Project in the amount of an increase of $67,763.00 for a traffic signal control system and related concrete slab at front entrance, reinforced mesh for front stairs and curb work. Mr. Leszczynski noted that the change order would increase Brown and Brown's contract to $167,663.00. He stated that the change order had been reviewed and found to be in order by the architect and construction manager and Mr. Patrick McMahon.- Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the change order was approved. Mr. Leszczynski stated that Change Order No. 3 provided for an increase of $125,000.00 to Brown and Brown's contract to correct the concrete column failure which had occurred. Mr. Hill stated that H. G. Christman was the original contractor on the column work, but since Brown and Brown was at the site at the present time doing other concrete work, it was felt they should proceed with the needed concrete repair work on the pillars. The change order had been reviewed by the construction manager, architect and Patrick McMahon and was in order. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the change order was approved. APPROVE RELEASE AND SETTLEMENT AGREEMENT (MURPHY/JAHN - CONCRETE COLUMN DAMAGE AT FIRST BANK CENTER) Mr. Hill explained that, with approval of the Release and Settle- ment Agreement by the Board of Works, the concrete repair work needed on the columns of the parking facility at First Bank Center would be covered. He stated that the release was negotiated with the architect and the insurance carrier in order to provide funds to make the necessary structural repairs. He stated that, in this manner, the above change order for Brown