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HomeMy WebLinkAbout08/16/82 Board of Public Works Minutes3'78 REGULAR MEETING AUGUST 16, 1982 The regular meeting of the Board of Public Works was convened at 9:30 a.m., on Monday, August 16, 1982, by President John E. Leszczynski, with Mr. Leszczynski, Mr. Richard L. Hill and Mr. Joseph E. Kernan present. Also present was Assistant City Attorney Carolyn Pfotenhauer. MINUTES OF PREVIOUS MEETING APPROVED Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the minutes of the August 9, 1982, regular meeting of the Board were approved as submitted. PUBLIC HEARING - APPROVE VACATION OF ALL ALLEYS BOUNDED BY BRONSON, COLUMBIA, CONRAIL VIADUCT AND CARROLL (MONROE-SAMPLE REDEVELOPMENT AREA) Mr. Leszczynski advised that the Redevelopment Commission was petition- ing for the vacation of all north -south and east -west alleys in the block bounded by Bronson, Columbia, the Conrail Viaduct and Carroll Streets in the Monroe -Sample Redevelopment Area. He stated that, as in the past, in order for the Board to submit a recommendation to the Common Council, a public hearing had been scheduled at this time and all property owners within 200 feet of the alleys had been duly notified. He further advised that favorable comments in support of the vacation had been received from the Engineering Department, Area Plan Commission and Community Development Depart- ment. Mr. Kevin Horton, Deputy Director for the Department of Redevelopment, asked for a favorable recommendation from the Board for the alley vacations. There was no one present to speak against the alley vacations. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the public hearing was closed and a favorable recommendation for the vacation of the above alleys was forwarded to the Common Council, subject to the maintenance of all utility easements. AWARD BID AND APPROVE CONTRACT - CONCRETE PAVEMENT REPAIRS (ZIOLKOWSKI CONSTRUCTION COMPANY) Mr. Leszczynski advised that, in accordance with the bids received by the Board on August 9, 1982, for the Concrete Pavement Repair Project, Mr. Neil Shanahan, Manager of the Bureau of Public Construction, was recommending the Board award the low bid of Ziolkowski Construction Company in the amount of $217,589.90. Mr. William Howell, owner of Howell Electric Company, 707 Wilber Street, asked the Board to delay awarding the contract to Ziolkowski Construction Company until a matter concerning minority hiring was cleared up. He stated that he felt dis- criminatory practices have been used in the past by the contractor. Mr. Hill stated that he had discussed Mr. Howell's complaint with Mr. Leszczynski and Mr. Kernan. He stated that state law provides that certain certifications be made regarding employment practices of any contractor submitting a bid. He advised that the Board is required to make certain those certifications are made, and, if there is information that would indicate the contractor is using discriminatory practices, the Board needed to be aware of it. Mr. Hill stated that Mr. Howell's complaint concerned a particular instance involving a bid submitted to the School Corporation. Mrs. Pfotenhauer advised Mr. Howell that Ziolkowski Construction and all other contractors must conform with the requirements for submitting a bid and failure to do so would result in cancellation of the contract. She referred to Indiana Statutes, Title 5-16-6-1, concerning the requirements for equal employment opportunity. Mr. Hill stated that the Board was concerned about the employment practices of any contractor which is awarded a bid or contract. He stated that a certification was on file from Ziolkowski Construction affirming that he was follow- ing all applicable laws. Mr. Howell stated that he was issuing a formal complaint that Ziolkowski was discriminating and he should not be awarded any contract to do work for the city. Mr. Hill explained to Mr. Howell that the Board was satisfied that all 79 REGULAR MEETING AUGUST 16, 1982 bid requirements were met by Ziolkowski. He stated that if a collusion matter is involved in the bid with the School Corpora- tion, it is another matter and not one directly dealing with discrimination or minority hiring practices. He stated that the Board was restricted on what it could do concerning that matter since the bid was submitted to and ultimately awarded by the School Corporation. He again stated that the Board must determine that all conditions of the bid are met, and the Board was satisfied that.was done. He felt the School Board should examine whether its bid process is appropriate since the Board would have no authority to do so. He emphasized that the Board was concerned about discriminatory practices but could not involve itself with a bid submitted to another public entity. Mrs. Pfotenhauer stated that the Board must follow the public construction statutes which require the Board to award the bid to the lowest, responsible bidder. In reviewing the bids, it had been determined that the contractor had signed all the affidavits pertaining to equal employment opportunity matters and the documents were in order. She again stated that the Board must award the contract in view of the contractor's �. compliance with all requirements. She stated that the Board could not award the contract to another bidder because of allegations concerning an incident involving the School Corpora- tion. She repeated that, if there was a violation of any bidder [ requirements discovered at a future.point, the contract would be cancelled. Mrs. Pfotenhauer advised Mr. Howell that the Board would be acting illegally if the award was made to another contractor because of the allegations of Mr. Howell concerning an entirely different bid and public entity. Mr. Howell stated that he was merely asking the Board to delay the bid award at this time until a full investigation was conducted concerning Ziolkowski's minority hiring procedures and the School Corporation bid. Mr. Hill explained to Mr. Howell that the Board had no authority or jurisdiction over the School Corporation even though it was funded by property tax dollars, and, if there was a problem with alleged collusion, it would have to be dealt with by the School Corporation. Mr. Howell stated that he felt the minority contractors.are not awarded any contracts for public construction. He stated that they only want their fair share and an equal chance to submit their bids for con- sideration. Mr. Hill advised that the Board encourages minority contractors to submit bids and also encourages major contractors to deal with minority contractors as sub -contractors on projects which they are awarded. He stated that minority contractors are notified of all public construction projects and all federal and state regulations concerning minority hiring practices are complied with. He added that the city stands ready to do whatever it can to help in the area of minority representation, but must also abide by state law concerning awards of contracts for public construction. Mrs. Pfotenhauer advised Mr. Howell that the bid process was a competitive process and the best bids are awarded in all instances. If the contractor has met all necessary requirements and qualifica- tions, the Board is mandated according to state law to make an award if the contractor's bid is determined to be the lowest, responsive bid. Mr. John Harris, Councilman -at -Large, asked if the Board would simply delay making an award on the project until a review of Mr. Howell's complaint was made. Mr. Hill advised that it was in the city's best interests to make the award as soon as possible, and unless there was a definite and proven reason to hold up the award, he would not advise the Board to do so. He informed Mr. Howell that the contractor has met all qualifications concerning minority hiring and equal employment opportunity matters and had been certified as an eligible contractor according to HUD's guidelines. He stated that the Board would be willing to meet with Ziolkowski Construction regarding the allegations and advise the contractor of the concerns raised by Mr. Howell. He stated that the Board would monitor the contractor's employment practices during the REGULAR MEETING AUGUST 16, 1982 termof the contract to make certain there was no violation. Mr. Howell stated that one or two major contractors in South Bend had agreed with him that there were certain irregularities con- cerning the School Corporation award of its contract to Ziolkowski. Mr. Hill informed Mr. Howell that the matter of collusion and other irregularities concerning that bid would have to be addressed to the School Board. Upon a motion made by Mr. Hill, seconded by Mr. Kernan and carried, the bid was awarded and the contract approved with Ziolkowski Construction in the amount of $217,589.90, contingent upon a meeting being scheduled between the Board and Ziolkowski Construction within the next week to discuss the allegations against the contractor. Mr. Hill asked Mr. Harris to attend the meeting. Mr. Leszczynski stated that Ziolkowski Construction was aware of the complaint of Mr. Howell and had advised him that he was complying with all federal and state laws concerning public construction contracts. Mr. Hill thanked Mr. Howell for bringing the matter to the attention of the Board. The Performance Bond and Labor and Materials Payment Bond of Ziolkowski Construction for the above contract were filed. AWARD BID AND APPROVE CONTRACT - MONROE-SAMPLE.REDEVELOPMENT, PHASE I (ZIOLKOWSKI CONSTRUCTION COMPANY) Mr..,Leszczynski advised that, in accordance with the bids received by.the Board on. August 9, 1982, for the Monroe -Sample Redevelopment, Phase I, Project, 'Mr. `Neil Shanahan, Manager of the Bureau of Public Construction, was recommending the Board award the'low bid of Ziolkowski Construction Company in the amount of $84,030.50. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the bid was awarded as recommended and the contract with Ziolkowski Construction Company was approved contingent upon a meeting to be held with the Board and Ziolkowski Construction to discuss allega- tions concerning discrimination practices of the contractor. The Performance Bond and Labor and Materials Payment Bond for the above project were filed. AWARD BID - ARDMORE TRAIL STREET IMPROVEMENTS (WALSH & KELLY) Mr. Neil Shanahan, Manager of the Bureau of Public Construction, recommended the Board award the low bid of Walsh & Kelly, Inc., for the Ardmore Trail Street Improvements Project in the amount of $260,347.95 in accordance with the bids received on August 9, 1982. Upon a motion made by Mr. Kernan, seconded by Mr. Hill and carried, the bid as recommended was awarded. APPROVE CERTIFICATE OF SUBSTANTIAL COMPLETION (FIRST BANK CENTER PROJECT - KOONTZ-WAGNER ELECTRIC) A Certificate of Substantial Completion for work performed on the First Bank Center Project was submitted by Koontz -Wagner Electric. It was noted that the total contract costs for electrical work on Contract No. 114 (garage) was $181,837.85, and the total cost for Contract No. 120 (atrium) was $104,744.06. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the Certificate of Substantial Completion was approved and the Waiver of Lien filed. APPROVE COMMUNITY DEVELOPMENT CONTRACT AND ADDENDUMS Ms. Katherine Baumgartner, Director of the Bureau of Housing, explained that Board approval was requested on the following addendums to previously -approved contracts: Addendum No. 1 - Bureau of Housing (Monroe -Sample Rehabilitation Loan Activity) Addendum No. 1 - Department of Redevelopment (Monroe - Sample Housing Counseling Activity) 0 REGULAR MEETING AUGUST 16, 1982 She explained that the addendums were necessitated because of a reduction of $17,000.00 in the Monroe -Sample Rehabilitation Project and an increase in that amount in the Housing Counseling Activity. Upon a motion made by Mr. Kernan, seconded by Mr. Leszczynski and carried, the above addendums were approved. Ms. Betsy Harriman, Community Development staff member, explained that also being submitted for Board approval were the following addendums to previously -approved contracts and one new contract with the Neighborhood Code Enforcement Office: Addendum No. I - Renew, Inc. (Home Purchase Activity) Addendum No. II - Neighborhood Code Enforcement (Inspection/Management Activity) Contract with Neighborhood Code Enforcement Office (Demolition and Clearance Activity) Ms. Harriman explained that the new contract with the Neighborhood d- Code Enforcement Office was merely an extension of a past program for the demolition and clearance of 36 dilapidated.and unsafe structures within Community Development areas, with a total budget not to exceed $15,000.00. She stated that the two addendums to contracts with Renew and Neighborhood Code provided for time extensions. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above addendums and contract were approved. APPROVE STATE HIGHWAY COMMISSION DESIGNATIONS - S.R. 2 (WESTERN AVENUE) Mr. Leszczynski advised that the State Highway Commission had approved the establishment of preferentiality at the intersection of S.R. 2 (Western Avenue) and Chapin Street as follows: "Yield" shall be established for all right turn movements. All right turn traffic on the north approach of Chapin Street shall Yield to westbound traffic on S.R. 2. All right turn traffic on the south approach of Chapin Street shall yield to eastbound traffic on S.R. 2. All right turn traffic on the east approach of S.R. 2 shall yield to northbound traffic on Chapin. All right turn traffic on the west approach of S.R. 2 shall yield to southbound traffic on Chapin. In addition, the following turning movements were established: "Right Turn on Red" shall be permitted on the north, south, east and west approaches of the intersection in conformance to Yield controls. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the above action of the state was confirmed. APPROVE TEMPORARY OFFICE TRAILER - RZEPKA TRUCKING COMPANY A request was received from Rzepka Trucking Company, 1020 Webster Street, for the use and placement of a mobile office trailer on its property for a six-month period. Mr. Leszczynski noted that the company was in the process of moving their business to another location, but until then needed additional space to conduct business. The trailer would be located 10 feet from the build- ing and about 25 feet from the street, and a field check by the Bureau of Traffic and Lighting, indicated that no problems exist` as far as traffic is concerned. The Building Department likewise REGULAR MEETING had no objection to the temporary made by Mr. Leszczynski, seconded request was approved retroactive REQUEST FOR BLOCK PARTY REFERRED AUGUST 16, 1982 office trailer. Upon a motion by Mr. Kernan and carried, the to August 10, 1982. A request was received from Paul Crowley, President of the Edgewater Place Neighborhood Association, 549 River Avenue, for permission to conduct a neighborhood block party on September 11, 1982 (rain date of September 12th) in the 500 block of Edgewater Drive, starting at noon. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the request was referred to the Bureau of Traffic and Lighting and Police Traffic Division for review and recommendation. REQUEST FOR DESIGNATION OF HANDICAPPED PARKING REFERRED A letter was received from Dorothy E. Ross, 520 N. Cedar Street, Mishawaka, Indiana, on behalf of Emma Roessler, 117 North Notre Dame, for the designation of handicapped parking in front of Mrs. Roessler's home on Notre Dame Avenue. Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the request was referred to the Bureau of Traffic and Lighting and Police Traffic - Division for review and recommendation. REQUEST FOR ENTRANCE CANOPY REFERRED (AMERICANA HOTEL) A request was received from City A permission to erect an entrance can 213 West Washington Street. Accord front edge of the canopy would be t front legs seven feet from the curb feet from sidewalk. Upon a motion seconded by Mr. Kernan and carried, to the Bureau of Traffic and Lighti ment for review and recommendation. can ing Company of South Bend for opy at the Americana Hotel at ing to Mr. Robert Hinsch, the wo feet from the curb, the and the bottom valance seven made by Mr. Leszczynski, the request was referred ng and the Building Depart - REQUEST TO PURCHASE CITY -OWNED PROPERTY (401 EAST SOUTH) REFERRED A request was received from Mishawaka, Indiana, inquirin the city -owned lot located a motion made by Mr. Leszczynski, the request was referred to the determination as to whether or for any reason. John g into t 401 n Webber, 114 E. Stanley Street, the possibility of purchasing East South Street. Upon a seconded by Mr. Hill and carried, various city agencies for a of the city need retain the lot APPROVE AMERICAN CANCER SOCIETY FUND INTERSECTION SOLICITATION Mr. Ralph J. Wadzinski, Manager of the Bureau of Traffic and Lighting, recommended Board approval of the request of the American Cancer Society for permission to solicit funds at the following intersections: Lincolnway West and Bendix Drive Portage and Angela Michigan and Ewing Michigan and North Shore Main and Chippewa Miami and Ireland Miami and Lincolnway East Ironwood and Mishawaka Ironwood and Corby Logan and Jefferson Eddy and South Bend Avenue It was noted that the requested intersections of Western Avenue Mayflower, Michigan and Ireland and Ironwood and Lincolnway East were not approved by the Bureau of Traffic and Lighting because and of Elm REGULAR MEETING IAUGUST 16, '1982 traffic speed and volume. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the recommendation was approved, subject to the filing of a Hold Harmless Agreement and the guide- lines previously established by the Board for such fund solicitations. APPROVE ROAD RUN - TASK FORCE FOR EDUCATION OF HANDICAPPED The Bureau of Traffic and Lighting recommended favorably the request of the Task Force for the Education of the Handicapped for a road run on Sunday, September 26, 1982, starting at 8:00 a.m., using the Rum Village route for such runs. It was recommended that the route submitted by the group be reversed in order to allow large groups of runners to occupy'Gertrude Street until the group spreads out; this would not be°possible on Ewing, east to Main. Upon a motion made by.Mr. Leszczynski, seconded by Mr. Hill and carried, the recommendation was approved. APPROVE MARCH OF DIMES SUPERWALK The Bureau of Traffic and Lighting recommended favorably the ,�. request of the St. Joseph County Chapter of the March of Dimes to hold a Superwalk on Saturday, April 23, 1983, in accordance with the -route used in previous years, provided the participants remain on sidewalks and obey all traffic/pedestrian laws. Upon Q a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the Superwalk was approved as recommended. APPROVE BLOCK PARTY REQUESTS Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the following block parties were approved based on a favorable review by the Bureau of Traffic and Lighting, and subject to the maintenance of a 12-foot clear and unobstructed lane at either curb or down the center of the street for emergency purposes: Sunnymede between Eddy and Sunnyside - Saturday, September 4, 1982 (rain date of September 5th), from noon to 9:00 p.m. Requested by Margaret Baumer, 1212 Sunnymede Street. 1000 Block of Woodward - Sunday, August 29, 1982, from noon to 7:00 p.m. Requested by Sara Goetz, 1067 Woodward Avenue. 1100 and 1200 blocks of East Bronson - Saturday, August 21, 1982, (rain date of August 22nd). Requested'by Theresa Ellett, 1124 East Bronson St. APPROVE TITLE SHEET - MONROE-SAMPLE REDEVELOPMENT, PHASE II Upon a motion made by Mr. Leszczynski, seconded by Mr.' Hill and carried, the title sheet for the Monroe -Sample Redevelopment, Phase II, Project was approved and executed by the Board. FILE ENVIRONMENTAL CLEAN-UP OF LOTS A list containing 55 lots ordered cleaned by the Director of the Neighborhood Code Enforcement Office was submitted. It.wa.s noted that property owners had been advised to clean up the lots and had failed to do so. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the environmental list was filed. LICENSE APPLICATION Upon a motion made by Mr. Leszczynski, seconded by Mr. Kernan and carried, the license application of Remove All Waste Away Service, 17064 Ethel Avenue, for a Rubbish and Garbage Removal License was approved and referred to the Deputy Controller's REGULAR MEETING AUGUST 16, 1982 Office for issuance. It was noted that a favorable inspection of the truck to be used for the hauling of the garbage had been conducted by Loren Dyas of the Solid Waste Department. APPROVE 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: Joseph T. Serge, 2135 Riverside, S.B. Hugh L. Masterman, Sr., 19898 Palisade Eleanor Plencner, 2424 W. Grace. S.B. Angela Brooks, 55700 Elder, Mishawaka Rev. E. A. McNeely, 305 S. Falcon, S.B. 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: City Roofing Company, Inc. 2300 Sterling Avenue Elkhart, Indiana 46516 IBG International, Inc. P. 0. Box 100 Wheeling, Illinois 60090 FILING OF MONTHLY (JULY) HUMANE SOCIETY REPORT The report indicated a total of 315 dogs, 133 cats and 85 other animals handled during the month of July, 1982. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. FILING OF STREET LIGHT OUTAGE REPORT The report indicated a total of 12 outages for the period of August 9 through August 11, 1982. Upon`a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the report was filed. APPROVAL OF CLAIMS Mr. Elroy J. Kelzenberg, Director of the Michigna Area CETA Consortium, submitted purchase orders totalling 54 and recommended approval. Chief Deputy Controller Sherrie L. Petz submitted Claim Docket No. 15130 through No. 15625 and recommended approval. Upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the reports were filed and the claims approved. COMPLAINT RE: STREET LIGHT OUTAGES (TWYCKENHAM VIADUCT A resident in the area of the Twyckenham Drive Viaduct, brought to the attention of the Board the problem faced by the residents concerning street light outages and broken bulbs in light fixtures and poles. He complained that many calls had been.made to the Indiana & Michigan Electric Company during the last several months about the problem and nothing has been done to correct it. He commented that he felt the boulevard -type lights were outdated and needed to be replaced. Mr. Leszczynski advised that the Board would immediately contract the electric company to see what the problem was and why the lights were not being repaired, but he added that the residents have objected to any change in the design of the boulevard -type lights. I� U Uiu RIUM REGULAR MEETING AUGUST 16, 1982. There being no further business to come before the Board, upon a motion made by Mr. Leszczynski, seconded by Mr. Hill and carried, the meeting was adjourned at 10:45 a.m. ichard L. Hil t��ilu Kernan ATTEST: Barbara J. Byer', Clete,