Loading...
HomeMy WebLinkAbout02/20/89 Board of Public Works MinutesREGULAR MEETING FEBRUARy 20, L989 The regular meeting of the Board of Public Works was convened at 9:35 a.m. on Monday, February 20, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski and Mrs. Patricia E. DeClercq present. Board member Ms. Katherine Humphreys was not in attendance. Also present was Assistant City Attorney Marva Leonard -Dent. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the minutes of the February 13, 1989, regular meeting of the Board were approved. ADOPT RESOLUTION NO. 6-1989 - INDICATING SUPPORT OF CONTRACT AWARD - WASTEWATER TREATMENT PLANT IMPROVEMENTS PROJECT City Attorney Richard A. Nussbaum, II was present to review for the Board the status of the bid awards for the Wastewater Treatment Plant Improvements Project. Mr. Nussbaum began his presentation by explaining that on December 12, 1988 the Board of Public Works opened bids for the Wastewater Treatment Plant Improvements Project. The low bid was received from Hagerman Construction Company of Fort Wayne, Indiana and was in an amount slightly over $16 million dollars for the three (3) Contracts. The day following the bid opening, the Board received a letter from Hagerman Construction stating their desire to withdraw their bid because of errors that were made in the computation of the bid. At that time, the City asked for further clarification from Hagerman Construction as to what those errors were and representatives from the City and Hagerman Construction did meet to discuss the matter. It was determined that the bid was missing over one half million dollars in costs for concrete pilings which were required as part of the project. At that time Hagerman Construction renewed their request to withdraw their bid. In consultation with the Indiana Department of Environmental Management, it was determined that the City should accept the bid of Hagerman Construction and award the contract. Therefore, on January 23, 1989 the bid was awarded to Hagerman Construction. Mr. Nussbaum stated that it was expected that Hagerman Construction would turn down the Notice of Award at which time the City would take further action against them and then proceed to award to the next lowest bidder. Prior to the ten (10) day period allowed for the return of the executed Notice of Award, Hagerman Construction filed suit in the Allen Superior Court against the City requesting that a Judge enter a decision that they had a legal right to withdraw their bid. An expedited Hearing was held on February 8, 1989 and a decision was received by the City on February 10, 1989. In that decision the court found that under Indiana law Hagerman Construction was entitled to withdraw their bid due to the fact that it was submitted in good faith but did contain errors. This decision put the City in the position to look at the next lowest bidder and make a recommendation to the Indiana Department of Environmental Management regarding an award to the next lowest bidder. Mr. Nussbaum further stated that his review of the Court decision leads him to believe the decision was correct and was the legal basis for the bid to be withdrawn. He advised that it is important to note that the City did not let the bid be voluntarily withdrawn but it was ordered by the Court. He stated that this was necessary due to the fact that if at a future time there is an audit of the grant involved in the project there will be an explanation of why the lowest bidder was not accepted and an explanation as to why Hagerman. Construction was entitled to withdraw their bid. MaapggiM 'pupipu2 'auAPM gaoa 'uozgpaodaoo uoTgonagsuo3 upw195PH 'III Pup II 'I sgopaguoO ao; aappzq MOT guaapddp ags NI 'PuowwpH '•daoo uoTgonagsuoO gauznTp� 00'000'S£9'L II gOpaguoo NI 'Aapo ..Ou2 1.00 uoTgOnagsuoO aoTaadnS 00'OSS'9LO'OT$ III Pup I gopaquoo papMv ao-T gunourd pTg uoTsTnTa pig pasodoaa aappzg :III Pup II 'I sgopzquoo jog saaPPTq aTgTsuodsaa 'anTsuodsaa 'MoT aqq aap buTMOTToj ags, 'STTT8TO goaCoaa Vag aapun squawanoadwl qupTa quawgpaay aagpMagspM puag u4nOS 109 panTaoaa aaaM spTq '886T 'ZT aagwaoaa up STTT8TO moaroua Vag cHvMV ilovdiNOO ao Idoaans JNIIVDIQNI NOlsnzosad 686T-9 'ON NOIMflgOSHd :pa4dopp spM 686T-9 'ON uoTgnTosag buTMOTTO; agq pup uOT40W aqq papuoOas boaaToaa •says •pa4dopp aq paggTwgns sp uoTgnTosag agq 4Pg4 UOT40W p appw pup panTOsaa .zaggpw sTgg BUTggab UT aoupgsTssp sTg jog wnpgssnN •aye paxupug TNsuAzOzsaq 'IN •saappTq gsaMoT gxau aqq og papMp agg azTaoggnp oq guawabPUPN TpguawuoaTnug go quawgapdaa pupTpu2 agg woa; Tpnoaddp Aapssaoau aqq buTggab Aq goaCoad aug g4TM paaOoad up0 AgTD aug gpgq aapao UT 'uot4onagsuo3 gawnTpo pup uoT4Ona4suo3 IoTaadns oq spapMp sagpOTpuT LIDTgm papMV gopaguOa go gaoddnS buTgpoTpu2 - 686T-9 'ON uOTgnTosaH Jo uoTgpaapTsuoO aTgpaonp; pagsanbaa aao;asagq wnpgssnN 'IN •goaCoad aug oq pappp aq pTnoM awzq TpuoTgTppp pup agpwzgsa s,aaauibua aqq uiggTM aq pTnoM spTq Mau auq aaqupapnb ou aq pTnoM aaagg Sp aozogo asTM p aq you pTnoM gpgg gpgg qTa; A4T3 aus •goaCOad aqq pTq-aa pup panTaOaa spTq TTp gOaCaa og spM AgTO auq Oq aTgpTTpnp uoTgdo aaggouv •aOupgsuT sTug UT paMoTTp qou sT uotgpwaoJaa 'ssaooad buTPpTq aqq go AgTabaguT aqq aansuT oq 'aaojaaagq pup uoTganagsuoD upwaabpH go gapd aug uO ATuo spM 10119 aug 'JanaMOH •aTgpgdaoop aq ggbiw uoTgop gpgq saTgapd ugoq go gapd auq uo appw SEM aoaaa up JI 'paggiwaad qou sT pTq p gO UOTIPWIOJaa MtT pupTpul aapun gpgg sT gOaCoad aug anpg Og uoTgOnagsuoa upwaabpH MOTTp qou pTp AgTO agg uospaa aqq gpgq pagpgs wnpgssnN 'IN •awzq sTug 4p PaaOoad og Ippaa sT A4TD aqq pup paaapuaa uaaq spq ssaooad ana 'T66T 'aagogoo -To auTTppap Vag auq gaaw gsnw pup aTnpagos uOTgOnagsuoO ggbTg p uo sT AgTD aus •1091100 sT 4ano0 auq go UOTSTOap auq sanaTTaq gnq auoP aq oq Ppg sTug gpgq aTgpggaabaa sT IT gpgq Pagpgs aH •Appoq aaag UOT40P auq axpq Oq A4T3 auq pasnpO gpgm sT gpgq pup uoT4ona4suo0 upwaabpH Aq appw spM axpgsTw aqs •AgTO aug ao sxaOM OTTgna go papog aqq go gTnPJ agq qou aap sguana PauoTquaw anogp agg gpgg agou oq gupgaodwT OSTP sT IT gpgg pagpgs wnpgssnN -IN •pagoaTas buTaq spTq asagq go gTnsaa p sp aspaaOuT TpuoTgTppp ou aq TTTM aaags •spuoq anuanaa pup sgupab pup sagpa IT paspq A4TO auq gDTgm uO agpwtgsa s,aaauTbua agg uTggTM aap sPTq aqq sp anssT puoq anuanaa quasaad aqq oq ppp ao puoq anuanaa aaggoup anssT Oq anpg you TTTM AgTO aqg 'OSTV •Squpab ao saspaaauT agpa go wao; agq UT Aauow TpuoTgTppp ao; xsp Og anpq you TTTM AgTD agg pup goaCoad aqq uo qoa;;a Aup anpq qou TTTM spTq asagq go qunowp aqq 'aanaMOH •uOTgOnagsuo3 upwaabpH JO pTq agq pup spTq asagq uaaMgaq aOuaaa;;Tp TpTqupgsgns p sT asagq gpgq Pagpgs aH '00'000'SE9'L$ go gunowp aqq UT II gOpaquOD a03 'pupTpul 'PuOwwpH 'uOTgpaodaoo uoTgonagsuo3 gaurnTPO Pup 00'OSS'9LO'OZ$ go qunowp agg UT III pup I sgOpaquoD ao; 'pupTpul 'AIPO '•ouI 'Aupdwoo uoTgDnagsuoD aotaadnS Aq pagqTwqns aaam spTq gsamOT gxau agg gpgg pauTPTdxa wnpgssnN •ays 686T OZ 22i' Mgga DNIs,gaw ldvanDad REGULAR MEETING FEBRUARY 20, 1989 his bid and received a Court Judgement in his favor in Allen County Superior Court on February 10, 1989. A copy of the Court Judgment is attached to this Resolution. It is the intent of the Board of Public Works of South Bend, Indiana, to award contracts for this project to the bidders shown above in the amounts indicated, subject to securing of all grants and financing for the project. By Resolution passed by the Board of Public Works at a meeting this 20th day of February, 1989. s/John Leszczynski s/Patricia DeClercq ATTEST: s/Sandra Parmerlee, Clerk ADOPT RESOLUTION NO. 7-1989 - DISPOSAL OF OBSOLETE EOUIPMENT (FIRE DEPARTMENT) Mr. Leszczynski stated that Fire Chief Luther Taylor has advised that the Fire Department has some obsolete word processing equipment that is of no further use to the Department and has no resale value. Therefore, upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the following Resolution No. 7-1989 declaring the equipment obsolete and no longer needed was adopted: RESOLUTION NO. 7-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, it has been determined by the Board of Public Works that the following property is unfit for the purpose for which it was intended and is no longer needed by the City of South Bend: One (1) A.B. Dick Word Processor Model 2200 Three (3) Terminals Model 2205 Three (3) Keyboards One (1) Magna SL Printer WHEREAS, Indiana Code 36-1-11-6(c) permits and establishes procedure for disposal of personal property which is unfit for the purpose for which it was intended and which is no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, by the Board of Public Works of the City of South Bend that the items listed above are no longer needed by the City; are unfit for the purpose of which they were intended and have an estimated total value less than One Thousand Dollars ($1,000.00). BE IT FURTHER RESOLVED that said equipment may be transferred or sold at public or private sale, without advertising. However, if the property is deemed worthless, such may be demolished or junked. ADOPTED this 20th day of February, 1989. BOARD OF PUBLIC WORKS s/John E. Leszczynski s/Patricia E. DeClercq ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE COMMUNITY DEVELOPMENT CONTRACTS Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski MaTADE ubTsaQ PUP aaggTWWOO antgnOaxg S94PTOOSSV AgTO 194ua0 ;o aaquzauz P 'xoo0 saWPr :uosaad buTMOTTOJ aug ao; TT9' OLS EaO tZ aapun gsaaagUT ;o gOTT;UOO 90 UOT4PUTuzaa4ap P JO aansoTOsTp OTTgnd sP anaas TTTM gDTgM pzPOS agg ggTM POTT2 aq oq aaggaT P paeog agg og paggzuIgns spg 'guaujdOTanaQ OTulOU002 ;o guautgapdaQ 'aogOaaTQ anTgnoaxS 'qunH •g uor •aye gpgq pas-TAPP TxsuAzOzsaq •aw xoo� s�W�zr - ssSxSSNI a0 S0IgaN00 aO NOIlVNIMSSSa V aO MdnS0'IOSIa 0I'Ignd aO ONIgIa •papapMP pTq agg PUP pagdaooP spM uoTgPpuauzuuoOa.z agg 'paTaaPO PUP boaaToea •saw Aq papuooas 'TxsuAzOzsa2 •aw Aq appm uoTgout P uodn •papapMP aq 08'V0T'£0T$ Jo gunouzP auq UT PUPTpuI 'sTTodpupTpuI 'Tb6T xOS 'O'a 'gaaagS g40£ gsPS STSL ''OuI `Aupduzo0 AaauTgDPN a94STTTVDPN Aq paggTwgns pTq aqq gpug 9WT4 sTgg gP spuaWWOOaa PUP aazopTTnq pa�[OPag Taags (T) auo ao; 686T `ET Aapnagaa uo panTaoaa spTq agg paMaTnaa sPu au gPgq pasTAPP 'UOTgPgTUVS ;o 4uaW4IPdaQ 'aabpupw 'TNSUAzsnax gaagoU •aw Ids2oauang aallovlas 'ISSZS ( T ) axO - aIg cldvmv 'aaPPTq AgTO PaT;TTPnb P sp panoaddP AaauTgopN aagsTTT`dOPW PUP pagdaOOP sPM uoTgppueunuooaa auq 'p9TaaPO PUP bOJaTOaQ *saw Aq papuooes 'TxsuAzOzsaq •aw Aq appw uoTgouz P uodn 'aaojaaaus •panoaddp aq 'Puptpul 'sTTodpuPzpu2 'gaaagS u40£ gsPa STSL ''Ou2 'Aupduzo0 AaauT' aagsTTT`dOPW Aq PaggTuzgns sP U0T4POT;TTPnb aappTq ao; UOTgPOTTddP agg gPgg papuaunuooaa uaaq sPg qT gvgq pasTAPP T3[suAzozsaZ -IN NOIlV0IalrIVn 2ISaQIg Wd NOIZKOI'IddV SAO-ddd d •pagnoaxa PUP panoaddp sPM UOTgPOTTddv auq 'paTaaPO PUP TxsuAzOzsaq •aw Aq papuooas 'bOa@TOaQ • saw Aq appuz UOTgouz P uodn ' aao;aaags • sasTuzaad aqq ;o aauMo auq sP UOTgnoaxa PUP TpnoaddP ao; papog aqq oq paggTwgns buTaq sT UOT4POTTddp ags •buTPTTnq aqq ;o apTsgno aqg Uo bUTqubTT AgTanoas ;o uOTgPTTPgsuT auq sT 'uoigpoTTddP aqg UT pauTTgno sP 'abPgaoa TOL qP Agaadoad aqq oq uoigPOT;Tpouz aqq gPuq pasTnpp guaa-paPuoaZ PAaPW AauaoggV papog •anuaAV abPgaOa TOL qP pagpooT Agaadoad paumO-AgTO auq og spaPbea UT uotssTunuoo uoTgPnaasaaa OT104sTH aqq tuna; ssauagPTadoaddV ;o agPOT;TgaaO ao; UOTgPOTTddV up ;o gdTaoaa uT sT papog aqq gpgg pasTnpP TNSULZozsaZ •aw anNHA`d SO` I'aOd T O L - SSSNSlVDdaO*ddd`d aO SZV0I3I IM Wa NOIlV3IUdd`d SAO'dadV '00'000'S$ PaaOxa qou TTPus AgTATgOP sTgg ;o gsoO TV40q aus 'OTuTTO qoC UT-'5[TPM P ubnoauq uOTq-ewaoguT guawAoTdwa ugTM suosaad (08�) AgubTa paapung ano; apTAoad pup buTTasunOO quatuaOPTd qoC b=Tpggo uT suosaad paAOTdtuaun (8t) ggbTa-Agao3 gsTssP oq 91P AgTATgOP sTgg ao; sTPob pagabaPg aqy AZIAISOV aSAO'IdWSNn alll aO SQNSIHd daMUdWSNn SHZ aO SQNSI-da '00'OSS'£b$ PaaOxa qou TTpus AgTATgOp sTLIq ;o gsoO TPgoq aus •aOTnaas ;o sAPP PTTg0 (OOZ'£) Paapung OMq pupsnogq aaagg apTAoad oq sT A4TATgop stgq ao; TPob pagabaPg aus 2�SIAISO`d aNSdISS allVO A'da ' ONI aUVD agIHO MIVNIG'doo0 ASINnNNOO '00'LVZ'fib$ p90Oxa qou TTPgs AgTATgOP sTgg ;o gsoO TPgog aus •satgTATgOP aTgTbTTa snoTaPA gbnoauq uOTgoas NOOTq (Z) OMq P anoaduzT oq sT AgTATgOp sTgg ao; TPob pagabaPq aus SNSMOUaASa xxVd SOUNOW NOISSIWWOO SNSWdOgaASaau aNSS HSnoS :panoaddp aaaM s40paquo0 quawdOTanaQ AgTUMMOO buTMOTTO; auq 'paTaaPO PUP 6 8 6 T O Z 2UMMEaa ONIZSSW uvriflEM W 51 REGULAR MEETING FEBRUARY 20, 1989 Committee, who has applied for a loan from Center City Associates for a downtown project. The source of these loan funds is the Community Development Block Grant Program. Mr. Hunt advised that public consideration and acceptance of his letter satisfies the Department of Housing and Urban Development's regulations which require public disclosure of any potential conflict of interest involving the use of Community Development funds. This is a required step toward gaining HUD approval of the transaction. Mr. Hunt further advised that the office of the South Bend City Attorney has determined that the above situation does not constitute a conflict of interest under state law. The Department of Economic Development will be requesting a waiver from the United States Department of Housing and Urban Development, Indianapolis area office, pursuant to 24 CFR 570.611. Therefore, Mrs. DeClercq made a motion that the letter as submitted by Mr. Hunt be accepted for filing with the Board of Public Works. Mr. Leszczynski seconded the motion and it carried. REQUEST TO CLOSE ST. JOSEPH STREET, BETWEEN BARTLETT AND NAVARRE, FOR NEIGHBORHOOD BLOCK PARTY - MARCH 17, 1989 - REFERRED In a letter to the Board, Mr. Timothy D. Woods, 607 South St. Joseph Street, South Bend, Indiana and his neighbor Mr. Timothy J. Kenesey, requested permission to hold a neighborhood block party on Friday, March 17, 1989 between the hours of 12:00 noon and 6:30 p.m. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the Police Department Traffic Division and the Bureau of Traffic and Lighting for review and recommendation. REQUEST OF ZONTA INTERNATIONAL TO PLACE ROADSIGNS DISPLAYING CLUB EMBLEM - REFERRED In a letter to the Board, Ms. Gladys Fletcher, President, Zonta Club of South Bend, 3131 Springbrook Drive, South Bend, Indiana, advised that the local Zonta Club is interested in placing the Zonta International Club emblem on a roadsign among other local club displays. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. REQUEST OF MAURICE MATTHYS LITTLE LEAGUE TO CONDUCT PARADE - MAY 13, 1989 - REFERRED In a letter to the Board, Ms. Carol Blondell, Opening Day Chairman, Maurice Matthys Little League, Inc., Box 3074, South Bend, Indiana, requested permission to conduct the Maurice Matthys Little League opening day parade on Saturday, May 13, 1989 beginning at 9:00 a.m. utilizing the following route: Begin at the Matthys Little League ball park, proceed east on Meadow Lane to Edison, north on Edison and Villageway to Washington, east on Washington to Gladstone, north on Gladstone to Linden, west on Linden to Lombardy Drive, south on Lombardy Drive to Ford, west on Ford to Sample, east on Sample to Evergreen, south on Evergreen to the ball park. Ms. Blondell advised that the parade will consist of approximately sixty (60) vehicles. Mr. Leszczynski made a motion that this request be referred to the appropriate City departments and bureaus for review and recommendation. Mrs. DeClercq seconded the motion and it carried. 52 REGULAR MEETING FEBRUARY 20, 1989 REQUEST OF CITY AWNING OF SOUTH BEND TO ERECT FABRIC AWNINGS ON THE FIRST FLOOR OF THE LAFAYETTE BUILDING - 115 S. LAFAYETTE - REFERRED In a letter to the Board, Mr. Henry Craft, Sales Representative, City Awning of South Bend, 1835 South Franklin Street, South Bend, Indiana, requested permission to install fabric awnings on the first floor of the Lafayette Building at 115 South Lafayette Boulevard, South Bend, Indiana. Mr. Craft submitted with his request drawings with specifics regarding the installation. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the request was referred to the appropriate City departments and bureaus for review and recommendation. APPROVE TRAFFIC CONTROL DEVICE Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the following one (1) traffic control device was approved: 1. NEW INSTALLATION: 1 Hour Parking 6A - 6P LOCATION: 2418 South Michigan REMARKS: Wayne Hicks business turnover APPROVE EXCAVATION BONDS Mr. Melvin B. Humphrey, Engineering Department, recommended that Excavation Bonds be approved for the following: - Drain Surgeon Effective 2/20/89 - Dye Plumbing and Heating, Inc., Effective 2/20/89 Upon a motion made by Mrs. DeClercq, seconded by Mr. Leszczynski and carried, the recommendation was accepted and the bonds approved. APPROVE CLAIMS Mr. Juan Manigault, Executive Director, St. Joseph County Job Training Program, submitted a list containing one hundred seventeen (117) claims and the Department of Sanitation submitted a list of vouchers which were recommended for approval. Upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the claims and vouchers were•approveNd and the reports as submitted were filed. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mrs. DeClercq and carried, the meeting adjourned at 9:53 a.m. ATT f U. /- Sandra M. Parmerlee, Clerk E. Leszcz Patric,a E. DeClergq ne tiumppreys