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HomeMy WebLinkAbout08/24/1981 Board of Public Works Minutes45 REGULAR MEETING AUGUST 24. 1981 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, August 24, 1981, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Deputy City Attorney Robert Rosenfeld. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the minutes of the August 17, 1981, regular meeting of the Board were approved as submitted. AGENDA ITEM ADDED Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, a request for house move by Michiana House Moving was added to the agenda following approval of the Community Development agreements. OPENING OF BIDS - REROOFING OF FIRE STATIONS NO. 7 AND 10 This was.the date set for receiving and opening sealed bids for (� the reroofing of Fire Stations No. 7 and 10 located at 1616 Portage Avenue and 308 West Ireland Road respectively. The Clerk tendered proofs of publication of notice in the South Bend Tribune and the Tri-County News which were found to be sufficient. Mr. Leszczynski noted that no bids had been received for the project. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Clerk was instructed to re -advertise for the receipt of sealed bids to be received on September 14, 1981. CORRECTION AND CONFIRMATION OF BID AWARD — TRUCK CHASSIS (STREET DEPT. Mr. Leszczynski advised that a correction was needed in the bid award approved by the Board on August 17, 1981, to Western International for the purchase of three single axle truck chassis. He stated that the award had been made in the amount of $83,350.00 and, upon a recomputation of the bid, it had been determined the correct bid amount was $85,350.00. Mr. Leszczynski stated that the upward change in the bid amount had not altered Mr. Watt's recommendation concerning the award, and, in fact, was still the low bid for the single axle truck chassis. The Board acknowledged receipt of a letter from Brad Tinkham, President of Shamrock Ford, objecting to the method of the bid award and the partial award made to his company of only the two tandem axle truck chassis. In his letter to the Board, Mr. Tinkham rejected the city's award for the tandem chassis in the amount of $74,207.00 to Shamrock Ford. Mr. Hill stated that the proposal form prescribed by State Board of Accounts was submitted and duly executed by Mr. Tinkham on behalf of Shamrock Ford contained the following language relative to partial or full awards: The undersigned bidder further agrees that, on acceptance of this proposal by the City of South. Bend, Indiana, of said South Bend, Indiana, as to either or all the classes or items, this bid ancF agreement is to become an be a contract to such effect, as to each class or item so accepted upon the filing herewith of -a -bond or certitied check in the amount as required by the purchaser in notice to bidders. Any liability for breach of said contract shall be enforceable by an appropriate action upon said contract or bond or certified check, as the case may be, or either or both of them as provided by law in similar cases. He stated that, if Shamrock Ford was not willing to place an order for the city for the tandem chassis, the company was in default of its proposal which was accepted, in part, on August 17, 1981. He felt the Board must confirm the corrected bid amount to Western REGULAR MEETING AUGUST 24. 1981 International and proceed on Shamrock Ford's bid bond if it failed to place an order for the two tandem chassis as awarded. Mr. Mike Grady of Western International stated that his firm and the city were trying to work around a specified delivery schedule,,and he stated that his company would be able to guarantee delivery within the time specified of the total bid award because of Shamrock Ford's intent to reject a partial award. He asked the Board to consider this fact in making its decision. Mr. Sean Watt,.Director of the Division of Transportation, stated that Shamrock Ford had gone on record as indicating it would not accept a partial award and had submitted a letter to the Board stating it would reject the award. He asked that the Board proceed to award the entire proposal to Western International in view of Shamrock Ford's rejection of a partial award. He expressed concern about a time delay and possible delivery problems of all the equipment prior to the winter season. Mr. Kernan stated that it was the Board's position that the bid bond and proposal submitted by Shamrock Ford covered a part of or all items bid, and he felt Shamrock Ford should be given the opportunity to supply the vehicles awarded. He stated that the basis for the partial award to Shamrock was the lower price. Mr. Hill did not feel a week's delay would jeapordize the delivery schedule, and he felt that, at the next Board meeting, the city would be able to re - award the two tandem axle truck chassis to Western International if Shamrock Ford chose to default its contract. He stated that the city had the option to proceed on the bid bond against Shamrock Ford in order to obtain the two chassis in accordance with the bid award. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the Board approved the corrected bid amount of $85,350.00 to Western International and confirmed the awards made on August 17, 1981, to Shamrock Ford in the amount of $14,207.00 and to Western International in the correct amount of $85,350.00. The Clerk was instructed to advise Mr. Tinkham of the Board's decision to pursue the awards and of the city's right to proceed against Shamrock Ford's bid bond should it reject the award made to it. APPROVE ABATEMENT PROCEDURE AGAINST ASHLAND CHEMICAL COMPANY Mr. Hill advised that, in accordance with Section 13-29.of the Municipal Code, the city desired to order Ashland Chemical Company to abate the improper disposal of certain chemicals onto its property and other property not owned by the company. He explained that the litigation filed by the city against Ashland Chemical requests that the company take the necessary action to clean up the property upon which the chemicals were at one time dumped or disposed. He stated that, if Ashland fails to take action on the city's order for abatement, the city would have a legal basis on which to have the contaminated property cleaned. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, Ashland Chemical was ordered to purge all contaminated soil on its property and all soil not on its property, which property may have been contaminated due to the improper disposal of certain chemicals by Ashland, within 30 days. ADOPTION OF RESOLUTION NO. 17, 1981 - SALE OF CITY -OWNED PROPERTY . RESOLUTION NO. 17, 1981 WHEREAS, the Board of Public Works of the City of South Bend has compiled a current detailed inventory of all real property owned by the City of South Bend, Indiana, pursuant.to Chapter 14.5 of the Municipal Code of the City of South Bend; and WHEREAS, the Board of Public Works has reviewed said inventory of real property and it now finds that certain of the parcels of real estate now owned by the city are not necessary to,the public use and are not set aside by the state or city law for public purposes, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend; and J 1 4'7 REGULAR MEETING AUGUST 24. 1981 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana: 1. That the parcel of real estate owned by the city listed below is excess property and is not necessary to the public use, nor is it set aside by state or city law for public purposes: A part of the Northeast and Northwest quarters of Section 2, Township 37 North, Range 2 East commencing at a point that is the intersection of the South line of the right-of-way of the Michigan Central Railway with the Northeasterly line of an alley produced, which line is One Hundred Thirty-four (134) feet measured at right angles from the Northeasterly line of Woodward Avenue which is also the Northeasterly line of Portage Park, 2nd Addition to the City of South Bend; thence southeasterly along said line a distance of 143.3 feet more or less to a point that is the intersection of said line with the Northerly right-of-way of Angela Avenue; thence Northeasterly along a curve to the right (with a radius of 770.8 feet and a chord of 187.44 feet more or less) for a distance of 187.9 feet more or less; thence continuing along the North right-of-way of Angela for a distance of 381 feet more or less; thence North OOoo to the South line of the right-of-way of the Michigan Central Railway; thence Westerly along said South right-of-way to the point of beginning, containing 1.8 acres more or less. 2. That this resolution shall immediately, upon its Adoption by the Board of Public Works, be submitted to the Common Council of the City of South Bend, pursuant to Chapter 14.5 of the Municipal Code of the City of South Bend. Adopted this 24th day of August, 1981. BOARD OF PUBLIC WORKS s/ John E. Leszczynski s/ Richard L. Hill ATTEST: s/ Joseph E. Kernan s/ Barbara J. Byers, Clerk Mr. Leszczynski stated that the property incorporated.in the above resolution was located at the northwest corner of Angela and Riverside and contained approximately 1.8 acres of land. He advised that the portion to be sold was a part of Brownfield Park. Mr. Hill explained that Lock Joint Tube Company had expressed an interest in purchasing this property from the city in order to expand its present facility to alleviate problems in that area with semi -truck parking. Mr. Hill stated that the Park Board was given use of the property by a 1924 resolution approved by the Board of Public Works. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above resolution was adopted and referred to the Common Council for concurrence. It was noted that sealed bids for the sale of the property would be received by the Board at its meeting to be held on September 21, 1981. .48 REGULAR MEETING AUGUST 24, 1981 APPROVAL OF AMENDED CHANGE ORDER - RITSCHARD BROTHERS, INC. (FIRST BANK CENTER) Mr. Leszczynski stated that the Board of Works, at its meeting held on July 27, 1981, approved Change Order No. 6 in Ritschard Brother's Contract No. 101 for the First Bank Center in the amount of an increase of $522.50 for granular fill as recommended and submitted by the architect and construction manager. That change order was erroneously numbered and charged against Ritschard's first contract for excavation which was closed out on August 11, 1980, when the Board approved the Certificate of Substantial Completion for the total amount of $498,042.07. Mr. Leszczynski stated that the change order should have been Change Order No. 1 and should have been charged against Contract No. 126, Sitework grading and shaping, said contract amount being $14,000.00. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the change order was amended as indicated above, thereby increasing the amount of Contract No. 126 to $14,522.50. UPDATE OF PRENCO SOLUBLE OIL FACILITY Mr. Leszczynski stated that the city had committed itself to the removal of equipment and contents of the tanks at the Prenco site. He explained that the city had had the contents of the tanks analyzed in April of this year, and a safe and quick method of disposal had been determined by processing the contents of the tanks through the Wastewater Treatment Plant which was capable of safely handling such waste as long as the injection of the waste was closely monitored and controlled, thereby not disrupting the on -going operation. He stated that the tanks are nearly empty at the present time with only a thick sludge remaining. He advised that the sludge would be disposed of in the same manner in the near future and the only inconvenience which would be caused would be a noticeable odor. After that point in time, Mr. Leszczynski stated that he would like to advertise to receive bids for the removal and sale of the equipment. Mr. Kernan asked about the timetable involved for completion of this task, and Mr. Leszczynski answered that it would take approximately two weeks to remove the sludge and dismantle the present equipment. The city could then take bids on the equipment and, hopefully, within six weeks, the neighborhood would be rid'of the facility entirely. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, approval was given to advertise for bids on the equipment remaining on the site. APPROVAL OF COMMUNITY DEVELOPMENT AGREEMENTS Ms. Patricia Harris from the Community Development Department explained that funds in the amount of $100,000.00 were available from 1981 monies for a new program entitled the Multi -Family Rehabilitation Project. She advised that guidelines for the program were established by the Redevelopment Commission and an application period was allowed for non-profit groups to apply. She stated that the YWCA and the Hope Rescue Mission had submitted applications. The amount of funding to be allocated to the YWCA for replacement of existing boilers and a new temperature control system was $77,953.00. An amount of $22,000.00 would be allocated for various improvements at the Hope Rescue Mission, including insulation of attic area, replacement of various windows, correction of some wiring and plumbing, etc. Ms. Harris stated that the Hope Rescue Mission's request for funds had come in at $22,671.30 and the Mission would have to pay any additional amount over the $22,000.00. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the two contracts for the YWCA and Hope Rescue Mission in the amounts of $77,953.00 and $22,000.00 respectively, were approved. REGULAR MEETING AUGUST 24, 1981 49 APPROVE HOUSE MOVE - 710 SOUTH OLIVE TO STATE ROAD 2 Mr. James Markle, Building Commissioner, stated that Michiana House Moving and Construction Specialists had requested a house move from 710 South Olive Street to State Road 2 in St. Joseph County. Because the house was being moved to the county, the required notice to property owners was not necessary. He stated that the proposed route, using Olive to Sample, Sample to Grant, Grant to Pear and Pear to State Road 2, had been approved by the Bureau of Traffic and Lighting. He asked that a 17-foot, 6-inch height be maintained and that no chimney or other roof point exceed that height because of the overhead traffic signals which the house will pass under. Mr. Markle also pointed out that the required insurance certificate for the house move did not contain the inclusion of the city as an additional insured, and he stated that he would confirm this with Mr. Mitschelen's insurance agent prior to the move. Mr. Mitschelen stated that, if approved, the house would be moved yet this week. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the house move was approved subject to all required insurance conditions and a 17-foot, 6-inch height restriction. APPROVAL OF PURCHASE AGREEMENT - SALE OF CITY -OWNED PROPERTY (1806 SOUTH JACKSON STREET) Mr. Leszczynski stated that the Board of Works had, on August 17, Q 1981, accepted the bid of Charles Lenyo in the amount of $525.00 for the purchase of Bureau of Housing property located at 1806 S. Jackson Street. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the purchase agreement was approved and the matter referred to the Legal Department for preparation of the appropriate deed of conveyance. APPROVE REQUEST FOR INTENDED USE HEARING - REVENUE SHARING FUNDS Chief Deputy Controller Sherrie L. Petz requested permission to conduct a hearing on the proposed use of revenue sharing funds on September 14, 1981, in the amount of $25,000 to be used for the purchase of equipment and materials needed to furnish three police sub -stations in conjunction with the Mayor's new Team Policing Program. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the following traffic control devices as recommended by the Bureau of Traffic and Lighting,,were approved: REVISE TO STOP SIGN - On Hollywood at Lathrop (N.W. corner) INSTALL STOP SIGN - On Hollywood at Edgewood REQUEST FOR BLOCK PARTY (EDGEWATER DRIVE) Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request for a block party on Edgewater Drive from Monroe Street to Arch Avenue on September 13, 1981, from noon to 11:00 p.m., was referred to the Bureau of Traffic and Lighting for review and recommendation. APPROVE ENVIRONMENTAL CLEAN-UP OF LOTS A request from the Neighborhood Code Enforcement Office was received for permission to have city environmental crews clean the following lots within the city: 929 W. Washington 3015 Western 738 N. Cleveland 1525 N. Fremont 1906 S. Grant 718 Sherman 1533 W. Sample 756 Lawndale 1527 W. Sample 1414 W. Washington Lot N. of 744 S. Main 1219 W. Colfax 712 S. Illinois N. of Prast W. of LaSalle Square 50 REGULAR MEETING 841 S. 34th 617 S. 30th St. 304 E. Indiana Lot N. of 1430 Fremont 1604 Longley 119 Spruce 1113 Birner S.E. corner of Cavanaugh & Corby W. of Edward betwn. Kemble & Prairie AUGUST 24, 1981 1921 S. Prairie 500 blk. S. Lafayette 746 S. Dundee 505 Blaine 507 N. Blaine 2033 S. Lafayette 712 Sherman 116 E. Fairview 125 D. Dubail It was noted that property owners had been advised to clean up the lots and had failed to comply. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was approved. APPROVAL OF CONTRACTOR'S BOND - MRS. EUGENE WILLIAMS Mr. Ray S. Andrysiak recommended approval of the Contractor's Bond of Mrs. Eugene Williams. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Contractor's Bond was approved. FILING OF CERTIFICATES OF INSURANCE Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the.following Certificates of Insurance were filed: The National Bank & Trust Company (for sidewalk canopy) The South Bend -Mishawaka Chamber of Commerce (for sidewalk canopy) IBG International, Inc (First Bank Center Project) Brown and Brown Contractors (First Bank Center Project) APPROVAL OF HANDICAPPED PARKING PERMITS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following handicapped parking permits were approved and referred to the Deputy Controller's Office for issuance: Jacob Rosenwasser, 834 Lincolnway E., Mish. Bertha Nespo, 209 N. Pagin, S.B. APPROVAL OF CLAIMS Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 15034 through No. 15625 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed and the claims approved. There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the meeting was adjourned at 10:05 a.m. Jo n E. Leszcz i char �L. HGGil l o G ph Ef. Kernan ATTEST: Barbara J. By rs, C1 rk