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HomeMy WebLinkAbout09/11/89 Board of Public Works Minutes270 REGULAR MEETING SEPTEMBER 11, 1989 The regular meeting of the Board of Public Works was convened at 9:36 a.m. on Monday, September 11, 1989, by Board President John E. Leszczynski, with Mr. Leszczynski and Ms. Katherine Humphreys present. Board member Patricia E. DeClercq was not in attendance. Also present was Assistant City Attorney Jenny Pitts Manier. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the minutes of the regular meeting of the Board held on September 5, 1989, were approved. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the rescission of the bid for flow meters was added to the agenda. >ENING OF BIDS - STOS ECT TREATMENT PLANT) Mr. Leszczynski advised that this was the date set for receiving and opening of sealed bids for the above referred to project. 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: ACTION SYSTEMS UNLIMITED, INC. 16 Hillview Barrington, Illinois 60010 Bid was signed by Judy Joyner, President, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $13,500.00 was submitted. BID: CONTRACT A-1 TOTAL BASE BID: $140,600.00 CONTRACT A-2 TOTAL BASE BID: $129,400.00 SEAR CORPORATION 8802 Bash Street, Suite F Indianapolis, Indiana 46256 Bid was submitted by Robert B. Dalton, Owner, along with a Non -Collusion Affidavit and a Bid Bond in the amount of $19,500.00. It is noted that State Board of Accounts Form 96 was not utilized for the submission of this bid. BID: CONTRACT A-1 TOTAL BASE BID: $160,375.00 CONTRACT A-2 TOTAL BASE BID: $192,145.00 DORE & ASSOCIATES CONTRACTING 900 Harry S. Truman Parkway P.O. Box 146 Bay City, MI 48706-0146 Bid was signed by Arthur P. Dore, Chairman, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: CONTRACT A-1 TOTAL BASE BID: $418,986.00 CONTRACT A-2 TOTAL BASE BID: $380,925.00 I - 1 1 271 REGULAR MEETING SEPTEMBER 11, 1989 SPECIALTY SYSTEMS OF ILLINOIS 16810 South Lathrop Avenue Harvey, Illinois 60426 Bid was signed by Joe W. Taylor, President, and Richard J. Hughes, Secretary, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: CONTRACT A-1 TOTAL BASE BID: $153,466.00 CONTRACT A-2 TOTAL BASE BID: $ 96,215.00 SAFE ENVIRONMENT CORPORATION (SECO) 1116 Westgate Oak Park, Illinois 60031 Bid was signed by Richard Lair, President, Non -Collusion Affidavit was in order and a 5% Bid Bond was submitted. BID: CONTRACT A-1 TOTAL BASE BID: $143,222.00 CONTRACT A-2 TOTAL BASE BID: $116,250.00 ASBESTOS SERVICES, INC. 9028 Hills Road P. O. Box 141 Baroda, Michigan 49101 Bid was signed by J. R. Thomas, President and D. J. Eppard, Secretary, Non -Collusion Affidavit was in order and a Bid Bond in the amount of $21,000.00 was submitted. BID: CONTRACT A-1 TOTAL BASE BID: $193,496.00 CONTRACT A-2 TOTAL BASE BID: $113,000.00 Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the above bids were referred to the Division of Environmental Services for review and recommendation. In response to questions from the news media, Mr. Jack Dillon, Director, Division of Environmental Services, explained the scope of the project which entails the removal of asbestos at the Wastewater Treatment Plant. It was noted that asbestos at the plant does not pose any health hazard at this time, but in conjunction with the renovation at the plant, it was decided to handle the removal of asbestos at this time. Mr. Dillon indicated that the Engineers Estimate for Contract #1 is $450,000.00 and the estimate for Contract 42 is $200,000.00. He further noted that Contract #1 is for removal of asbestos that is in current need of removal and which could pose a possible health hazard. Contract #2 is for the removal of less hazardous asbestos which is still in acceptable condition. Mr. Dillon noted that both contracts were included in order that the City would have an option available to it regarding the removal of the asbestos from the Plant. Board Attorney Jenny Pitts Manier advised that all bidders will be sent a letter concerning a possible patent infringement and stating that they will be required to confirm to the City that their bid does not contain unlicensed use of the particular removal equipment and system. In further response to questions from the news media, it was stated that the project timetable is six (6) weeks for each Contract with a total project completion timetable of twelve (12) 272 REGULAR MEETING SEPTEMBER 11, 1989 weeks. It was noted that both projects could not be done simultaneously because it would cause too much disruption at the plant. APPROVE AGREEMENT FOR USE OF PUBLIC RIGHT-OF-WAY FOR FOOT RACES AND SIMILAR EVENTS - 9TH ANNUAL_SPORTSMED 10K RACE, 1 MILE FUN RUN AND 4K WALK - SUNDAY, SEPTEMBER 17, 1989 Mr. Leszczynski advised that pursuant to Resolution No. 9-1985, establishing policies and fees for foot races and similar events, adopted by the Board of Public Works on March 4, 1985, the Saint Joseph's Medical Center has fulfilled resolution requirements and the appropriate Agreement is being presented to the Board at this time for approval. It was noted that on August 21, 1989, the Board of Public Works approved the date for the above referred to event subject to the sponsor meeting all Resolution requirements. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the Agreement as submitted was approved and executed. APPROVE LETTERS OF CREDIT - CROSS CREEK ESTATES Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the following Letters of Credit were accepted and approved: 1. IRREVOCABLE STANDBY LETTER OF CREDIT NO. S-8776 Amount: $48,930.00 Expiration: November 30, 1989 Drawn Under: Trustcorp Bank, South Bend For the Account of: Cross Creek, Inc. 828 East Jefferson South Bend, Indiana Work to be completed: Concrete curbs and gutters, asphaltic base and street- lights at Cross Creek, Phase III. 2. IRREVOCABLE STANDBYLETTEROF CREDIT NO. S-8777 Amount: $27,778.00 Expiration: August 31, 1990 Drawn Under: Trustcorp Bank, South Bend For the Account of: Cross Creek, Inc. 828 East Jefferson South Bend, Indiana Work to be completed: One inch (1") asphaltic surface coat and sidewalks at Cross Creek, Phase III. APPROVE CHANGE ORDER NO. 2 - ST. JOSEPH/WAYNE PARKING GARAGE Mr. Leszczynski advised that Walker Parking Consultants, 7330 Shadeland Station, Suite 100, Indianapolis, Indiana and Carl J. Reinke and Sons, Inc., P.O. Box 3095, South Bend, Indiana, have submitted Change Order No. 2 for the St. Joseph/Wayne Street Parking Garage Project. The Change Order indicates an increase of $16,643.15 for a new Contract amount of $3,228,128.47. Mr. Leszczynski noted that this Change Order indicates numerous changes with the biggest expense being for the upgrading of the time system to a machine read system. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, Change Order No. 2 as submitted was approved and executed. i 1 273 REGULAR MEETING SEPTEMBER 11, 1989 APPROVE NEW NEONATAL AMBULANCE LEASE AND STAFFING AGREEMENT Mr. Leszczynski stated that a new revised Neonatal Ambulance Lease and Staffing Agreement that supercedes the Agreement approved and executed by the Board of Public Works on September 5, 1989 has been submitted to the Board at this time for approval and exection. It was noted that this new Agreement incorporates the majority of the provisions of the previous Agreement and adds a few items including information that the ambulance in question will be housed at the Marion Street fire station instead of the Sample Street Station as the Marion Street Station is closer to Memorial Hospital, and that Memorial Hospital will pay the City $2,750.00 per month for services rendered under the Agreement. Ms. Humphreys made a motion that the Board approve the Agreement submitted to the Board today which supercedes the Agreement executed by the Board last week. Mr. Leszczynski seconded the motion which carried. ADOPT RESOLUTION NO. 35-1989 - DISPOSAL OF OBSOLETE EQUIPMENT (FIRE DEPARTMENT) Mr. Leszczynski stated that Fire Chief Luther Taylor has requested permission to declare obsolete one (1) Epic Radio, with Charger, Serial #207 which will be used as a trade-in towards a new Epic Radio and Charger. He noted that the radio will be traded -in to Epic Radio, LaGrange, Illinois. The trade-in value of this radio is $1,500.00 which will be applied towards the cost of a new radio which is priced at $6,500.00. Therefore, Ms. Humphreys made a motion that the request be approved and the appropriate Resolution be adopted. Mr. Leszczynski seconded the motion and the following Resolution No. 35-1989 was adopted: RESOLUTION NO. 35-1989 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE'IRADE-IN OR EXCHANGE OF CITY -OWNED PROPERTY AS PART OF PURCHASE PRICE OF PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should be traded -in or exchanged for property of a similar nature: ONE (1) EPIC RADIO WITH CHARGER, SERIAL #k207 WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is of a similar nature to the above -described property, and should be purchased, with the above -described property being traded -in so as to reduce the purchase price, in part or in full: ONE (1) EPIC CARDIAC OBSERVATION RADIO (COR) WITH CHARGER WHEREAS, I.C. 36-1-11-9 authorizes the Board of Public Works to trade-in or exchange City -owned property for partial or full reduction in the purchase price of property of a similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded -in or exchanged as a reduction on the purchase price of the following described property of a similar nature: 274 REGULAR MEETING SEPTEMBER 11, 1989 ONE (1) EPIC RADIO WITH CHARGER, SERIAL #207 ONE (1) EPIC CARDIAC OBSERVATION RADIO (COR) WITH CHARGER 2. That the latter described property, in No. 1 immediately above, shall be purchased from Epic Radio, LaGrange, Illinois, for a total purchase price of five thousand dollars ($5,000.00), the same reflecting a reduction for the trade-in or exchange of the former described property, in No. 1 immediately above. 3. That the traded -in or exchanged property, to wit: ONE (1) EPIC RADIO WITH CHARGER, SERIAL #207 shall be removed from the inventory of the City of South Bend. ADOPTED this 11th day of September, 1989. BOARD OF PUBLIC WORKS CITY OF SOUTH BEND, INDIANA s/John E. Leszczynski, President s/Katherine Humphreys, Member ATTEST: s/Sandra M. Parmerlee, Clerk APPROVE RESCISSION OF BID OF MONTEDORO-WHITNEY FOR NINETEEN (19) LEVEL AND VELOCITY SENSING METERS Mr. Leszczynski advised that previously the Board awarded the bid of Montedoro-Whitney Corporation, 2741 McMillan Road, P.O. Box 321, San Luis Obispo, California for nineteen (19) Montedoro-Whitney Model Q-Logger Portable datalogging flow meters for a total base bid in the amount of $67,645.00. At this time, the City of South Bend has been advised that this company has been sued on a patent infringement matter and have lost the lawsuit. If the City pursues the bid award, there is some question of whether the company could provide the meters. Further, based on the Legal Department's review of the matter, if the City pursues the matter, the City could become liable. Therefore, it is being recommended that the bid be rescinded. Mr. Leszczynski noted that the meters will be re -bid at a later date. It is noted that for the following reasons, it has been recommended by the Legal Department that the July 24, 1989, bid award to Montedoro-Whitney Corporation be rescinded: 1. Montedoro-Whitney is involved in a patent infringement lawsuit concerning its acoustic probes such as the model that is the subject of the bid award in question. This material fact was not known to the Board until after the bid was awarded. 2. The Court of Appeals for the Federal Circuit has found against Montedoro-Whitney and remanded the case back to the lower court for monetary and injunctive relief. 3. The lawsuit and Court decisions raise significant questions about Montedoro-Whitney's ability to perform as per its bid. 4. Although Montedoro-Whitney has petitioned the Court of Appeals for rehearing, the purchase and use by the City of the probes in question will likely violate any in- junction issued by the lower court should the case not be reheard. ti 1 1 275 REGULAR MEETING SEPTEMBER 11, 1989 5. The City is subject to civil liability under the patent laws should the Court of Appeals decision stand. Therefore, Mr. Leszczynski made a motion that the bid of Montedoro-Whitney, awarded on July 24, 1989, be rescinded. Ms. Humphreys seconded the motion which carried. APPROVE REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS: 1. WALKWAY - LA SALLE TO EAST RACE PROJECT 2. UNION STATION PARKING LOT PROJECT 3. LAFAYETTE SIDEWALK IMPROVEMENTS PROJECT Mr. Michael P. Meeks, Director, Division of Engineering, requested that the Board advertise for the receipt of bids for the above referred to projects. In response to questions from the news media concerning these projects, Mr. Leszczynski advised that these are Redevelopment Department projects and Mr. Jon Hunt could answer questions regarding the projects. He noted that the Walkway project entails the installation of a walkway near the new condominiums that are being constructed in the area of the East Race and that the Union station parking lot project entails parking lot improvements at a parking lot east of the Union station which is utilized for baseball stadium parking and related events at the stadium. Therefore, upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the request was approved. APPROVE REQUEST TO ADVERTISE FOR RECEIPT OF BIDS - SALE OF ABANDONED VEHICLES Mrs. Patricia E. DeClercq, Director, Department of Code Enforcement, requested permission to advertise for the sale of approximately twenty-eight (28) abandoned vehicles, which are being stored Super Auto Salvage Corporation located at 3300 South Main Street, South Bend, Indiana. It was noted that all vehicles have been stored more than fifteen (15) days, identification checks had been run for auto theft and the owners and lienholders notified. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the above request was approved and a date of September 25, 1989, was established for the receiving and opening of sealed bids. APPROVE DISTRICT ENGINEER'S REPORT OF INSPECTION AND RECOMMENDATION FOR ACCEPTANCE - HICKORY/LOGAN WIDENING PROJECT Mr. Leszczynski advised that a District Engineer's Report of Inspection and Recommendation for Acceptance for the Hickory Road Project (Contract R-17479) was submitted to the Board for approval and execution. The report indicates that on May 4, 1989 a final inspection was conducted and the work was found to be satisfactory. The report also indicates that the last day of work on the project was April 28, 1989. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the District Engineer's Report of Inspection and Recommendation for Acceptance was approved and executed. APPROVE REQUESTS: 1. OF TEMPLE BETH-EL TO ALLOW PARKING AROUND THE TEMPLE FOR HOLY DAY SERVICES - SEPTEMBER 29-30 1989 & OCTOBER 8-9 1989 2. OF 1989 CROP COMMITTEE OF ST. JOSEPH COUNTY TO CONDUCT ANNUAL CROP WALK - OCTOBER 8. 1989 Mr. Leszczynski noted that the appropriate City departments and bureaus have reviewed the above referred to requests which were submitted to the Board on August 28, 1989, and approval is recommended. Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the recommendtion was accepted and the requests approved. 27 6 REGULAR MEETING SEPTEMBER 11, 1989 REQUEST FOR DESIGNATED HANDICAPPED PARKING SPACE AT 1718 TWYCKENHAM DRIVE - REFERRED In a letter to the Board, Mr. Don Grover, 1718 South Twyckenham Drive, South Bend, Indiana, requested that the parking space in front of his residence be designated as a handicapped parking space. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the request was referred to the Bureau of Traffic and Lighting and the Police Department Traffic Division for review and recommendation. APPROVE AND/OR RELEASE CONTRACT Mr. Michael P. Meeks, Director, Excavation Bond be approved and as follows: CONTRACTOR'S BOND - Ted Temple Release EXCAVATION BOND - HDW Corporation Approved R AND EXCAVATION BONDS recommended that the following the Contractor's Bond be released Effective 9/23/89 Effective 8/29/89 Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the recommendation was accepted and the bonds approved and/or released as indicated above. FILING OF ENVIRONMENTAL CLEAN-UP OF LOTS REPORT A report from the Department of Code Enforcement indicating a total of forty-eight (48) properties cleaned from August 28, 1989 to August 30, 1989, was submitted. Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the report as submitted was filed. FILING OF HUMANE SOCIETY MONTHLY REPORT - AUGUST Mr. Leszczynski advised that the Humane Society Monthly Report for the month of August indicating the type and number of animals handled for the City of South Bend has been submitted to the Board for filing. Therefore, upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the report was accepted and filed. APPROVE CLAIMS Mr. Juan Manigault, Executive Services of St. Joseph County, ninety-nine (99) claims. Director, Employment Training submitted a list containing Additionally, Chief Deputy Controller John D. Leisenring submitted Claim Docket No. 13682 through Claim Docket No. 14046 and recommended approval Upon a motion made by Ms. Humphreys, seconded by Mr. Leszczynski and carried, the claims were approved and the reports as submitted were filed. FILING OF CORRESPONDENCE - HERITAGE CABLEVISION COMPLAINT Mr. Leszczynski advised that Mr. Richard Trowbridge has submitted to the Board a letter indicating his objection to Heritage Cablevision's upcoming airing of a program entitled "Race and Reason." Upon a motion made by Mr. Leszczynski, seconded by Ms. Humphreys and carried, the letter as submitted was accepted and filed. Mr. Mark Kelly, of the WNDU television station, asked Board members what action, if any, the Board planned in response to Mr. Trowbridge's letter, at which point Mr. Leszczynski stated there was nothing the Board could do, and deferred to Assistant City Attorney, Jenny Pitts Manier. I I REGULAR MEETING SEPTEMBER 11, 1989 277, 1 Mrs. Manier stated that the Cable Communications Act of 1984, a federal law, prohibited cable franchisees, such as Heritage Cablevision, from exercising editorial control over public access programming. Mrs. Manier noted that Heritage's internal prohibition against airing shows "intended to proselytize" on the access channel was a rule allowing the exercise of editorial control by Heritage over access programming, and, as such, superseded by, and made invalid under, federal law. Mrs. Manier further stated that the First Amendment to the United States Constitution guaranteed the right of free speech against government attempt to prohibit or unlawfully control.the same. Mrs. Manier noted that although the speech represented by the access program in question, "Race and Reason," was, to most people, including the City administration, offensive and unpopular, it was, nevertheless, protected speech. Mrs. Manier stated that although she has not viewed the program, it was her belief, based upon what she knows of the program's contents, that it cannot be considered a type of speech left unprotected by the Constitution such as obscenity, which the Supreme Court has understood to concern sexually explicit material, or speech likely to incite imminent lawlessness. Mrs. Manier stated that Heritage lawyers and representatives concur with the City's Legal Department in the opinion that neither Heritage nor the City may prohibit the airing of the program. Mrs. Manier stated that Heritage does and will continue to make available to the public, at no charge, "lock boxes" which allow cable subscribers to lock out unwanted programs. Mrs. Manier concluded with a discussion of the experience of Kansas City, Missouri, which attempted to prohibit the airing on its cable access channel of a show similar to "Race and Reason," by removing the public access requirement from its cable franchise agreement. Mrs. Manier stated that Kansas City was sued by the program's producer/sponsor, that Kansas City, after reviewing the Supreme Court's recent "flag burning" and "dial -a -porn" cases conceded that the First Amendment prohibited it from banning the airing of the program in question, that Kansas City settled the case and paid approximately $66,000.00 in plaintiff's attorney fees. Mrs. Manier stated that the Kansas City experience should be instructive as issues similar to those confronting South Bend were involved, and the outcome likely to be the same should South Bend attempt to prohibit the airing of "Race and Reason" on the Heritage access channel. ADJOURNMENT There being no further business to Leszczynski made a motion that the Humphreys seconded the motion and 10:05 a.m. ATTEST: Sandra M. Parmerlee, Clerk come before the Board, Mr. meeting be adjourned Ms. the meeting was adjourned at _ 1/iLil s .ajl . ! A , •