11/18/2010 Board of Public Works Minutes

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REGULAR MEETING NOVEMBER 22, 2010 363 iii. Contractor�violates any statute or ordinance relating to City contracts or has his bond revoked. iv. Contractor accepts less than seventy -five percent (75 %) of the jobs offered it in any three (3) month period (e.g. January through March, etc.) v. A finding in any court of competent jurisdiction that either the contractor or any officer of the contractor or any member of the contractor's Board of Directors has within the past two (2) years committed any felony or violated any criminal statute in connection with construction work or has at any time within the last ten (10) years committed fraudulent acts in connection with construction work. If a contractor is removed from the list for any of the reasons set forth in paragraph 3(b), contractor shall not be eligible to be placed back on the list or place on a waiting list for a period of one (1) calendar year. If removed, contractor shall be notified by certified mail signed by the Fire Chief City of South Bend or his designee. If the contractor wishes to appeal the removal, it shall file a written appeal within ten (10) days after the mailing of the certified mail. The appeal shall be delivered to the Clerk of the Board of Public Safety. The Board of Public Safety shall hear the matter at its next regularly scheduled meeting that is scheduled to begin at least forty - eight (48) hours after service of the appeal. 4. Upon receipt of a request from the SBFD or SBPD, the SBPDCC will contact the approved contractors in order of rotation to seal the burned, damaged or opened structures until a contractor is located who can immediately commence work on the building. If contractor elects not to perform the job or fails to respond, the contractor will be placed at the bottom of the rotation list, behind the contractor which did perform the work. 5. The contractors will supply all labor and materials necessary to seal the damaged building. The materials must meet all specifications required by the enforcement authority, and shall meet the following minimum requirements: All broken windows, doors, and openings shall be covered with fitted three- eights (3i8) inch plywood, particle board or chip board, which shall be fastened to the building with one and one -half (1 I/2) inch clutch head or square head screws. One entrance way of at least one -half (1/2) inch thickness shall be installed with hinges and a hasp, shall be padlocked, and the key shall be delivered to SBFD or SBPD, whichever contracted for the work. 6. The list shall be limited to five (5) contractors at any one time. When, for any reason, there are less than five (5) contractors on the list, the next eligible contractor shall be placed at the bottom of the list. 7. Contractor shall be compensated by directly collecting from the owner of the property or the responsible parties. Except as provided in this paragraph, contractor shall not have any claim against the City for reimbursement of labor or materials furnished hereunder except to the extent that the City has been able to collect from property owners. If contractor has been unable to collect from the responsible parties or the owner of the property, despite good faith efforts, for more than ninety (90) days, contractor may submit a request for payment of one hundred seventy -five dollars ($175.00) from the City of South Bend along with a statement as to its efforts and an affidavit concerning whether or not it has collected any monies. Documents shall be sent to the South Bend Legal Department, 227 W. Jefferson Blvd., Ste 1400, South Bend, Indiana, 46601. The payment of one hundred seventy -five dollars ($175.00) shall be reduced by any sum collected by contractor at any time, and, any amount paid by South Bend shall be reimbursed by contractor from any monies received for the work after South Bend's payment. 8. Contractor shall post a surety bond in the amount of one thousand dollars ($1,000.00).