HomeMy WebLinkAbout05/20/74 Board of Public Works MinutesREGULAR MEETING MAY 20, 1974
A regular meeting of the Board of Public Works was convened at
9:30 a.m. on Monday, May 20, 1974 with all members present. City
Attorney James A. Roemer was also present. Minutes of the previous
meeting were reviewed and approved.
OPENING OF BIDS MEADOWVIEW SEWER PROJECT
This was the date set for receiving bids for the Meadowview Sewer
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:
Bradberry Brothers Bid was signed by W. J. Bradberry,
non -collusion affidavit was in
order and a 5% bid bond accompanied
the bid.
Bid - $56,200.50
Dye Plumbing & Heating Co. Bid was signed by Charles T. Dye,
non -collusion affidavit was in
order and a 5% bid bond accompanied
the bid.
Bid - $55,850.00
David A. Wells, Bureau of Engineering, took the bids to tabulate them
and will report to the Board later in the meeting.
OPENING OF BIDS - POLICE PORTABLE MOBILE RADIOS
This was the date set for receiving bids for ten portable mobile radios
for the Police Department. 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:
General Electric
Bid - $12,398.80
Motorola
Bid - $12,298.80
Bid was signed by D. E. King,
non -collusion affidavit was in
order and a 10% bid bond
accompanied the bid.
Bid was signed by Samuel W. Edson,
non -collusion affidavit was in
order and a 10% bid bond
accompanied the bid.
Upon motion made, seconded and carried, the bids were referred to
the Bureau of Police for review and recommendation.
APPROVAL OF CIVIC CENTER CLAIMS
Mr. Charles F. Lennon, Jr., Director of the Department of Redevelopment,
presented to the Board claims for the Civic Center Authority, covering
architect's fees, landscaping design and other expenses totaling
$35,634.16. The claims have been approved by the Civic Center
Authority and by Mr. Lennon. Upon motion made, seconded and carried,
the Board approved the claims.
BICENTENNIAL COMMITTEE REQUESTS - MRS. GWEN STIVER
Mrs. Gwen Stiver of the Bicentennial Committee was present and
requested approval from the Board for the following:
1. Permission to lay cable across Lafayette Street during
rehearsals and performances of Maryland, My Maryland,
May 27 and June 3, 4, 5, 6, 7, 8, 9, and 14, 15 and 16.
They requested that some type of protective covering
be placed over the cable.
1
1
CA 3
REGULAR MEETING
MAY 20, 1974
2. Permission to close Lafayette Blvd. at 6:30 p.m. on
June 6th for dress rehearsal.
3. Additional security for the dates May 28, 29 and 30
from 7:30 p.m. and all day on May 27 and June 3, 4, 5 and 6
from 6:30 p.m.
4. Permission to sell the Bicentennial bumper plates beginning
June 1.
The matter of additional security was referred to the Board of Public
Safety for appropriate action.
Upon motion made, seconded and carried, the Board approved the request
to lay cable across Lafayette Blvd. on May 27, June 3, 4, 5, 6, 7, 8, 9,
14, 15 and 16. Mr. Farrand will direct that some type of covering for
the cable be provided.
The request to close Lafayette Blvd. at 6:30 p.m. on June 6 was
referred to the Bureau of Traffic and Lighting with the request that
a recommendation be submitted to the Board by Thursday, May 23 for their
approval.
The request to sell Bicentennial bumper plates was approved, subject
to the Bicentennial Committee obtaining a license from the City Controller.
The request to sell on River Bend Plaza was referred to Louis Wilcox
for his review.
RECOMMENDATION TO AWARD BID - POLICE PORTABLE COMMUNICATIONS SYSTEM
The Board received a recommendation from Chief Robert J. Urban that
the bid of the General Electric Company for a police portable
communications system, at a total bid price of $83,238.80, which was
the low bid received, be accepted. Upon motion made, seconded and
carried, the recommendation was approved.
FIRE STATION BIDS REJECTED
The Board received a recommendation from Rollin E. Farrand, Director,
Department of Public Works, that all bids received for the construction
of the new fire station be rejected, because they exceeded the budget
allocation for this project. Upon motion made, seconded and carried,
the recommendation was approved and all bids are rejected. Mr. Farrand
requested that the Department of Public Works be authorized to revise
the plans and specifications, to conform to the budgeted amount available,
and that the project be re -bid. Upon motion made, seconded and carried,
Mr. Farrand's request was approved.
RAILROAD CROSSING SURVEY FILED
The Bureau of Traffic and Lighting submitted to the Board a railroad
crossing survey which has been completed. Mr. Farrand explained that
this is an annual report and that Mr. Hazinski has met with railroad
representatives and visited the sites to review the improvements that
have been made. Upon motion made, seconded and carried, the report
was ordered filed.
CLOSING OF WASHINGTON AND JEFFERSON STREETS APPROVED
The Board received a recommendation from the Bureau of Traffic and
Lighting that the request to close Washington and Jefferson Streets
on July 4 from noon to 8:00 p.m. had been reviewed and approval is
recommended. It was noted that barricades will be furnished but it will
be necessary for someone from the Festival 174 organization to put the
barricades in place and remove them since no personnel from the Sign
Shop will be on duty that date. Upon motion made, seconded and carried,
approval was given to close Washington and Jefferson Streets on July 4,
in accordance with Mr. Hazinski's recommendations.
CONTRACT AND ADDENDUM - DEMOLITION OF OLIVER GENERATING STATION
The Board received a contract and an addendum for the demolition
of the Oliver Generating Station. The contract is with Tony
Tomich & Sons, low bidder on the demolition project. The addendum
provided for a bond covering the total bid price of $40,400, the
removal of all but three existing building piers and a fee schedule
to be provided to the City Engineer for the removal of brush and
debris presently found in the west race. Upon motion made, seconded
and carried, the contract and the addendum were approved by the
Board.
DEMOLITION PERMIT WAIVED - DEMOLITION OF OLIVER GENERATION STATION
In view of the 100% performance bond provided by Tony Tomich & Sons
for the demolition of the Oliver Generating Station, the Board sent
a letter to Forrest West, Building Commissioner, requesting that the
requirement for posting of a demolition bond be waived and the
necessary permit issued.
PARKING BAN APPROVED FOR 100 BLOCK NORTH AND SOUTH MICHIGAN
The Bureau of Traffic and Lighting informed the Board that the request
of Louis Wilcox, Director of River Bend Plaza, to ban parking in
100 blocks of North and South Michigan Streets, had been investigated.
The Bureau recommended that the request be granted and that the two
blocks be closed to all traffic by erecting barricades. The parking
meter heads will be removed and Mr. Hazinski noted that new locations
for the meters have already been provided on South William Street so
that the number of meters will remain the same. Upon motion made,
seconded and carried, the Board approved the recommendation and the
two blocks will be barricaded.
RECOMMENDATION TO WAIVE RENTAL FEE FOR MORRIS CIVIC AUDITORIUM APPROVED
The Board received a recommendation from Floyd Jessup, Manager of
the Morris Civic Auditorium, that he had reviewed the request of
Mrs. Sandy Greenhut to waive the rental fee for the auditorium for the
ethnic dance program on July 4, in connection with Festival 174.
Mr. Jessup said he concurred with the waiving of the fee but noted
that there would be stage costs and other charges over which he had
no control which would have to be paid. Upon motion made, seconded
and carried, the Board approved the recommendation and requested that
Mr. Jessup be asked to provide them with an estimate of the costs
which will be incurred . The cost estimate will be forwarded to
Louis Wilcox, Director of River Bend Plaza, to see whether it can be
paid out of a promotional account.
REQUEST TO ADVERTISE FOR VEHICLE - YOUTH SERVICES BUREAU
Mr. Cappy Gagnon of the Youth Services Bureau was present and
informed the Board that the Bureau would like to purchase a van.
Money was requested and has been appropriated from federal revenue
sharing funds. The cost of the van will be about $4500, and part
of the cost will be obtained by trading in a vehicle which the Bureau
presently has. Mr. Barcome asked where the money to purchase this
vehicle came from. Mr. Gagnon said he was not sure but he thought
the funds came from an L.E.E.A. account. Mr. Barcome noted that the
Board would want to be sure there was authorization to spend those
funds before they traded the vehicle. Mr. Roemer suggested that the -
Board authorize advertising for bids and, in the meantime, request
the Legal Department to check the source of the original funds and
authorization to purchase the vehicle being traded in. Upon motion
made, seconded and carried, the Board authorized advertising for bids
for the vehicle and requested that the City Attorney investigate the
matter of the source of funding for the presently owned vehicle to
see whether the Board can use that vehicle as a trade-in.
1
REGULAR MEETING
MAY 20, 1974
1
APPROVAL OF CONTRACTOR'S BONDS
Mr. Raymond S. Andrysiak, Bureau of Engineering, recommended to the
Board that the following bonds were properly executed and could be
approved:
Schumacher -Sons, Inc. to May 2, 1975
Frank J. Nemeth to May 17, 1975
Thomas J. Henderson to May 14, 1975
Muia Construction Co., Inc. to January 1, 1975
Upon motion made, seconded and carried, the bonds were approved to
the dates listed.
RELEASE OF BOND APPROVED
The Board received a request from the Indiana Insurance Company to
release the Contractor's Bond for Boerich Construction Company.
Ray S. Andrysiak, Bureau of Engineering, informed the Board that there
are no outstanding claims against this contractor and that the bond
can be released. Upon motion made, seconded and carried, the bond was
released as of May 20, 1974.
LETTER OF SUPPORT FOR TRAFFIC SIGNAL AT MIAMI AND RIDGEDALE
A letter was received from Paul Degnan, Principal of St. Mary's Academy,
supporting plants for the installation of a traffic signal at Miami
and Ridgedale. Upon motion made, seconded and carried, the Board
ordered the letter filed and noted that the project is already underway.
REQUEST FOR STREET LIGHT
The Board received a letter from Mary Louise Brown requesting that
a street light be installed on Notre Dame Avenue, between LaSalle
and Colfax. Upon motion made, seconded and carried, the request was
referred to the Bureau of Traffic and Lighting for preliminary
investigation and report.
REPORT ON CLOSING OF PEDESTRIAN BRIDGE
Clem Hazinski, Manager of the Bureau of Traffic and Lighting, reported
to the Board that signs have been posted on the Pedestrian bridge (Grand
Trunk Railroad Bridge) from Howard Park to the Plaza. Signs have been
posted "Keep Off - No Trespassing - City Not Responsible for Accidents".
The report was ordered filed.
REQUEST FOR BLOCK PARTY APPROVED
The Board received a recommendation from'Clem Hazinski that the request
to hold a block party in the 1600 Block East LaSalle on June 11 from
6:00 to 9:00 p.m. had been investigated and approval can be given
provided the City is indemnified. Barricades will be delivered to
the site. Upon motion made, seconded and carried, the Board approved
the block party, subject to the City being indemnified.
RECOMMENDATION FOR RELOCATION OF TAXI STAND AT 200 W. WASHINGTON
The Board received a recommendation from Clem Hazinski, Manager of
the Bureau of Traffic and Lighting, that the taxi stand on the north
side of the 200 block of West Washington Street be relocated to the
first 400 feet west of Main Street. A hazardous condition exists
when cabs must back up to the hotel door,.crossing the entrance and
exit for the bank and parking ramp. The remainder of the space will
be designated as a hotel loading zone with a 15 minute time limit.
Upon motion made, seconded and carried, the recommendation was approved.
REQUEST FOR "WE TOGETHER SINGERS" TO HOLD TAG DAYS
The Board received a request from the "We Together Singers" to
hold Tag Days on August 24 and 25th to raise money for a bus. The
request was tabled pending receipt of locations where the tag day
will be conducted and approval from the Charitable Solicitations
Commission.
REGULAR MEETING MAY 20, 1974
PLANS FOR ANGELA BOULEVARD-MICHIGAN STREET INTE'RS'EC'TI'ON APPROVED
The title sheet approving plans for the widening and signalization of
the Angela Boulevard and Michigan Street intersection was presented
to the Board. Upon motion made, seconded and carried, the plans were
approved and the title sheet was signed.
REQUEST FOR FIREWORKS DISPLAY, MORRIS PARK COUNTRY CLUB
The Morris Park Country Club requested permission from the Board to
hold a fireworks display on July 4, 1974. They have secured a
permit from the State Fire Marshall and have provided the City with
an insurance certificate, listing the City of South Bend as an
additional insured. Upon motion made, seconded and carried, the
fireworks display was approved.
RESOLUTION AUTHORIZING SALE OF CITY OWNED REAL ESTATE ADOPTED. -
Upon motion made, seconded and carried, the following resolution
was adopted by the Board:
RESOLUTION NO. 9, 1974
A RESOLUTION AUTHORIZING THE SALE OF CERTAIN
PARCELS OF REAL ESTATE 014NED BY THE CITY OF
SOUTH BEND, INDIANA
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 Section 30A-1 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 for the public
use and are not set aside by state or city law for public
purposes pursuant to Section 30A-2 of the Municipal Code of
the City of South Bend; and
WHEREAS, the Board of Public Works now wishes to take the necessary
action to make it possible for the Board, in the future, to
sell said parcels of real estate pursuant to Chapter 30A of
the Municipal Code of the City of South Bend;
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the
City of South Bend, Indiana:
1. That the parcels of real estate owned by the City,
contained in the list attached hereto and made a
part of this resolution, are now necessary to the
public use and are not set aside by state or city law
for public purposes.
2. That this resolution shall immediately upon its
adoption be submitted to the Common Council of the
City of South Bend pursuant to Section 30A-2 of the
Municipal Code of the City of South Bend.
Adopted this 20th day of May, 1974.
BOARD OF PUBLIC WORKS OF THE
CITY OF SOUTH BEND, INDIANA
S/ Rollin E. Farrand, Chairman
S/ James V. Barcome
S/ James R. Seitz
ATTEST:
S/ Patricia DeClercq, Clerk
9T
REGULAR MEETING MAY 20, 1974
ATTACHMENT TO RESOLUTION NO...9.,.1974
CITY OWNED PROPERTY
STREET ADDRESS DEED NO.
702 South Clinton Street 649-A & B
1809 Florence Avenue 709
602 West LaSalle Avenue 660
701 South Marietta Street 542
612 East Ohio Street 507
1611 South William Street 621
REPORT FROM LEGAL DEPARTMENT RE: 917 NORTH HILL
The
Board had
requested a report from the Legal Department regarding
Q
the
sale of a
city -owned lot at 917 N.
Hill Street to Charles Howell.
cc
Mr.
Howell had
informed the Board that
he was mistaken in what he
thought he was
purchasing and asked the
Board to review the matter.
The
following
report was received from
the Legal Department:
May 20, 1974
To: Board of Public Works
From: James A. Roemer
Subject: 917 N. Hill
The sale of the above property has been reviewed and found to
be a binding and final transaction that should not be altered
or modified in any way.
This conclusion is supported by the facts and applicable law.
The notice of bids and other information issued by the City
was accurate and in no way tended to misrepresent the facts to
a prospective offeror. In short, the bidder was supplied with
all reasonable date to know what he was purchasing and thus
he.must be charged by law with making a knowing and intelligent
offer to the City.
When the negligence of the offeror results in a unilateral mistake
which fails to give notice to the offeree equity will generally
refuse relief. This principal is further supported and required when
it is placed in the context of the public contract and the bidding
process used to protect and insure the public interest. If, after
acceptance of a bid, rescission or modification of the contract was
allowed because of negligent error by the offeror, the entire
competitive bidding process would be reduced by a common
denominator of mistake or excuse and the desired finality of a sale
would be seriously jeopardized. The Board of Public Works should
not allow this to happen.
s/ James A. Roemer
City Attorney
Mr. Roemer said that basically Mr. Howell had bid on the property as
it was advertised and appraised, and he was awarded the sale of the
property. He said it was his opinion that the Board could take no
further action on the matter. Upon motion made, seconded and carried,
the recommendation was accepted and Mr. Howell is to be notified that
any further questions can be directed to the City Attorney's office.
STREET LIGHT OUTAGE REPORT FILED
The Street Light Outage Report for the period of May 7 to May 10
was received and, upon motion made, seconded and carried, was ordered
filed.
REGULAR MEETING
MAY 20, 1974
Because of the Memorial Day holiday, the next regular meeting of
the Board of Public Works was set for Tuesday, May 28 at 1:30 p.m.,
upon motion made, seconded and carried.
RECOMMENDATION TO AWARD BID ON MEADOWVIEW SEWER PROJECT
David Wells informed the Board that he had prepared a tabulation
of the Meadowview Sewer Project bids received this morning. He
said the bid of Dye Plumbing & Heating Company, of $55,850.00, was
the low bid received and should be awarded. Upon motion made,
seconded and carried, the Board accepted the bid of the Dye Plumbing
and. Heating Company to construct the Meadowview Sewers at a total bid
price of $55,850.00.
REQUEST TO INCREASE TAXI 'FARES
Mr. Dick Ellis of the Courtesy Cab Association was present and said
he had written a letter to Mr. Barcome requesting a rate increase:
for taxi fares. Mr. Barcome noted that he had received the letter.
The Board informed Mr. Ellis that this was a matter for the Common
Council and upon motion made, seconded and carried, the letter was
directed to the Common Council for appropriate action.
There being no further action to come before the Board, upon motion
made, seconded and carried, the meeting adjourned at 10:45 a.m.
ATTEST:
1
1