HomeMy WebLinkAbout01082019 Board of Public Works MeetingAGENDA REVIEW SESSION JANUARY 3, 2019 3
BOARD OF PUBLIC WORKS
Gary A. clot, President
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Elizabeth A. Maradik, Member
Therese J. Dorau, Member
SugDna M. Frit7 mber
aura L. O'Sullivan, ember
AT ST:
nda M. Martin, Clerk
REGULAR MEETING JANUARY 8, 2019
The Regular Meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday,
January 8, 2019, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik,
Therese Dorau, and Laura O'Sullivan present. Board Member Suzanna Fritzberg was absent.
Also present was Board Attorney Clara McDaniels.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the minutes of the
Regular Meeting of December 20, 2018 and Claims Meeting of the Board held on January 2,
2019, were approved.
PUBLIC HEARING — RESOLUTION NO. 01-2019 — A RESOLUTION OF THE BOARD OF
PUBLIC WORKS OF THE CITY OF SOUTH BEND INDIANA APPROVING THE CITY
OF SOUTH BEND'S UPDATES TO THE CITY'S 2013 ADA PLAN FOR PEDESTRIAN
FACILITIES IN THE PUBLIC RIGHT OF WAY AND ITS TITLE VI PLAN FOR NON-
DISCRIMINATION IN CITY SERVICES PROGRAMS AND ACTIVITIES UNDER THE
CIVIL RIGHTS ACT OF 1964
Mr. Gilot advised that this was the date set for the Board's Public Hearing regarding the above
resolution. He opened the hearing. Attorney Aladean DeRose addressed the Board. She noted the
City's plan encompasses eighteen (18) pages. She stated the purpose of the plan is to eradicate
discrimination and assure access to public services and buildings. Ms. DeRose stated the plan is
based on two (2) laws, the ADA Transition Plan of 2013 and Title VI of the Civil Rights Act of
1964. She added the City plan has been reviewed by the State Department of Transportation and
approved. Ms. DeRose stated the plan has been an assessment of city streets and sidewalks and is
now going to buildings. Ms. DeRose noted it is a requirement of national law and the
Department of Highways and Transportation. She informed the Board the city has provided
notice to the public, and the plan has been posted on the city website and she has not received
any complaints or comments. There being no one else present wishing to address the Board
concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Ms.
Maradik, seconded by Ms. O'Sullivan and carried, the following resolution was approved:
RESOLUTION NO. 01-2019
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND, INDIANA, APPROVING THE CITY OF SOUTH BEND'S UPDATES TO THE
CITY'S 2013 ADA PLAN FOR PEDESTRIAN FACILITIES IN THE PUBLIC RIGHT
OF WAY AND ITS TITLE VI PLAN FOR NON-DISCRIMINATION IN CITY
SERVICES, PROGRAMS AND ACTIVITIES UNDER THE CIVIL RIGHTS ACT OF
1964
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REGULAR MEETING JANUARY 8, 2019 4
WHEREAS, in 1990 Congress enacted the Americans with Disabilities Act (ADA)
which, among other things, requires that municipalities throughout the United States adopt
standards to improve access and remove barriers for disabled persons in their use of public
facilities and governmental services; and
WHEREAS, in addition to the ADA, local government is subject to the requirements of
Title VI of the Civil Rights Act of 1964 that "no person in the United States shall, on the grounds
of race, color, or national origin be excluded from participation in, be denied the benefits of, or
be subjected to discrimination under any program or activity receiving Federal financial
assistance." The protection under Title VI has been expanded by South Bend policy and law,
and by State and federal laws to include age, gender, sexual orientation, gender identification,
military status, national origin, English proficiency, and income status; and
WHEREAS, at its meeting on January 8, 2013, this Board through Resolution #2-2013
approved the City's ADA Transition Plan which identified those sidewalks and curb cuts having
priority for ADA upgrade, which was followed on January 28, 2013 by the South Bend Common
Council's passage of Ordinance No. 10219-13 approving that Transition Plan; and
WHEREAS, since January 2013, the City of South Bend, Indiana, has advanced these
objectives through an aggressive sidewalk and curb cut replacement program. These included
sidewalks and curb cuts in downtown South Bend serving public service and commercial
buildings which were upgraded as part of the Smart Streets Program. It has replaced sidewalks in
neighborhoods through a public/private improvement plan over the past several years and intends
to continue doing so under the terms of the ADA Transition Plan; and
WHEREAS, the combined update to the City's Transition Plan approved January 28,
2013 and the City's Title VI Plan: Non -Discrimination in City Services, Programs & Activities
Under the Civil Rights Act of 1964 is attached hereto and incorporated herein as Exhibit A for
approval by this Council; and
WHEREAS, the City's updates to and report of ADA accessibility improvements made
since the original Transition Plan was approved is contained in Exhibit A at pages 3 through 10;
and.
WHEREAS, the City's Title VI Plan for non-discrimination in City services, programs
and activities reflects the diversity of the City's population and the vision of the Common
Council and City administration for a truly diverse and inclusive city as exemplified by the
City's Human Rights Ordinance, amended in 2012 to include sexual orientation and gender
identification (Ord. No. 10154-12); the Minority and Women Business Enterprise Diversity
Development Program legislation of 2011 (Chapter 14.5, South Bend Municipal Code Ord. No.
10081-11) followed by the Mayor's appointment of a City Diversity and Inclusion Officer and
enactment of the City's Diversity & Inclusion Plan of 2016; and
WHEREAS, the City's attached Title VI Plan in draft form was reviewed by the State
Department of Transportation compliance officer earlier this year and found to meet federal
requirements; and
WHEREAS, Public Hearing pursuant to Notice has been conducted this date by this
Board, and there were no objections to Exhibit A.
WHEREAS, this Board recommends that Exhibit A be approved by this Board and by the
South Bend Common Council;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS
OF THE CITY OF SOUTH BEND, INDIANA as follows:
Section I. The Updates to South Bend's 2013 Americans with Disabilities Act (ADA)
Transition Plan for the City of South Bend, Indiana, which is the first section of Exhibit "A"
attached hereto and incorporated herein is hereby adopted and approved.
REGULAR MEETING JANUARY 8, 2019 5
Section II. The City of South Bend's Title VI Plan under the Civil Rights Act of 1964,
which is the final section of Exhibit "A," beginning at page 11, attached hereto and incorporated
herein is hereby adopted and approved.
Section III. This Board recommends that Exhibit A which is the City's Updates to the
City's 2013 ADA Plan for Pedestrian Facilities in the Public Right of Way and Title VI Plan:
Non -Discrimination in City Services, Programs & Activities under the Civil Rights Act of 1964,
be approved by the South Bend Common Council.
ADOPTED this 8th day of January, 2019.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ Elizabeth A. Maradik
s/ Therese J. Dorau
s/ Laura L. O'Sullivan
OPENING OF BIDS — VENUES PARKS AND ARTS 2019 CHEMICAL SUPPLY — (VPA
MAINTENANCE AND SUPPLIES)
This was the date set for receiving and opening of sealed bids for the above referenced supplies.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. The following names of bidders were opened and publicly read:
SPEAR CORPORATION
12966 N. CR 50 W.
Roachdale, IN 46172
Bid was signed by: Brian Spear
Non -Collusion, Non -Discrimination Affidavit Form was completed
HARRELL'S LLC
5105 New Tampa Hwy.
Lakeland, FL 33815
Bid was signed by: Jack Harrell
Non -Collusion, Non -Discrimination Affidavit Form was completed
SITE ONE LANDSCAPE SUPPLY
1385 E. 36" Street
Cleveland, OH 44114
Bid was signed by: Keith McGinty
Non -Collusion, Non -Discrimination Affidavit Form was completed
Mr. Michael Schmidt, Purchasing, stated a bid tab would be provided after review. Upon a
motion made by Ms. Maradik, seconded by Ms. O'Sullivan and carried, the above bids were
referred to Venues, Parks, and Arts for review and recommendation.
OPENING OF QUOTATIONS — ZIKER SAMPLE STREET BUILDING RESTROOM
REMODEL — PROJECT NO 117-123 (RWPA TIFF
Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for
the above referenced project. The following quotations were opened and read:
PREMIER I CONSTRUCTION
105 E. Jefferson Blvd., Suite 216
South Bend, IN 46601
Quotation was submitted by Alan Lusk
Non -Collusion, Non -Discrimination Affidavit Form was completed
QUOTATION: $45,976.00
REGULAR MEETING JANUARY 8, 2019 6
1
Upon a motion made by Ms. Maradik, seconded by Ms. O'Sullivan and carried, the above
quotations were referred to Engineering and Community Investment for review and
recommendation.
TABLE CHANGE ORDER NO. 3 (FINAL) — RAVINA PARK BANK STABILIZATION —
PROJECT NO. 117-037A (LOIT)
Ms. Martin, Clerk of the Board, stated a request to table this item was received. Therefore, upon
a motion made by Ms. Maradik, seconded by Ms. O'Sullivan and carried, the Change Order was
tabled.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET — WATER WORKS NORTH PUMPING STATION WELL REPLACEMENT —
PROJECT NO. 117-031R (WATER WORKS ENGINEERING)
In a memorandum to the Board, Ms. Rebecca Plantz, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Also presented at this time for
approval and execution was the Title Sheet. Therefore, upon a motion made by Ms. Maradik,
seconded by Ms. O'Sullivan and carried, the above request was approved and the Title Sheet was
approved and signed
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET — MAIN STREET/WAYNE STREET PARKING GARAGE IMPROVEMENTS —
PROJECT NO. 118-096R (RWDA TIF)
In a memorandum to the Board, Mr. Kyle Silveus, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Also presented at this time for
approval and execution was the Title Sheet. Therefore, upon a motion made by Ms. Maradik,
seconded by Ms. O'Sullivan and carried, the above request was approved and the Title Sheet,was
approved and signed
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for
approval:
Type
Business
Description
Amount/
Motion/
Funding
Second
Project
INDOT
School Zone Flashing
$80,000
1
Maradik/O'Sullivan
Coordination
Beacon Assemblies
(80/20
Contract
Project
Reimbursement
from Federal
Aid to Local)
Amendment
DLZ Indiana,
Additional Services of
$4,050;
Maradik/O'Sullivan
No. 1 to
LLC
Archaeological
New Total NTE
Professional
Investigation for
$65,250
Services
Pinhook Park
(Park Bond
Agreement
Improvements Project
Series H)
Amendment
Indiana
Extension of Disaster
No Change
Maradik/O'Sullivan
No. 1 to
Housing and
Recovery Agreement for
(CDBG)
Agreement
Community
Owner Occupied Rehab
Development
for Lead to June 30,
Authority
12019
APPROVAL OF PERMIT AND LICENSE APPLICATIONS
The following permit and license applications were presented for annroval
Applicant
Description
Date/Time
Location
Motion
Carried
South Bend
Procession:
January 21, 2019;
On route as
Maradik/O'Sullivan
Heritage
33'1 Annual Dr.
12:00 p.m. to 1:50
submitted
Subject to starting
Martin Luther
p.m.
on time
King Jr.
Celebration
APPROVE REQUEST TO DENY TRAFFIC CONTROL DEVICE
Upon a motion made by Ms. Maradik, seconded by Ms. O'Sullivan and
traffic control device request was denied:
carried, the following
REGULAR MEETING JANUARY 8, 2019 7
NEW INSTALLATION:
LOCATION:
REMARKS:
Handicapped Accessible Parking Space Sign
2503 Flint Court
All Criteria has not been Met
APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO
REMONSTRATE
Mr. Gilot stated that the Board is in receipt of the following Consents to Annexation and
Waivers of Right to Remonstrate. The Consents indicate that in consideration for permission to
tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service
to the below referenced properties, the applicants waive and release any and all rights to
remonstrate against or oppose any pending or future annexations of the properties by the City of
South Bend:
A. Spring Hill by Marriott:
1. 52733 SR 933; Water and Sewer
2. 52721 SR 933; Water and Sewer
Upon a motion by Ms. Maradik, seconded by Ms. O'Sullivan and carried, the Consents to
Annexation and Waivers of Right to Remonstrate were approved as submitted.
RATIFY APPROVAL OF CONTRACTOR EXCAVATION AND OCCUPANCY BONDS
Ms. Donna Hanson, Division of Engineering, recommended that the following bonds be ratified
pursuant to Resolution 100-2000 as follows -
Business
Bond Type
YP
A roved/
Released
Effective Date
Wissco Irrigation, Inc.
Excavation
Approved
12/27/2018
Wissco Irrigation, Inc.
Occupancy
Approved
12/27/2018
Ms. Maradik made a motion that the bond's approval as outlined above be ratified. Ms.
O'Sullivan seconded the motion, which carried.
APPROVE CLAIMS
Ms. Maradik stated that a request to pay the following claims in the amounts indicated has been
received by the Board; each claim is fully supported by an invoice; the person receiving the
goods or services has approved the claims; and the claims have been filed with the City Fiscal
Officer and certified for accuracv.
Name r
Amount of Claim
Date
City of South Bend
$1,030,352.95
12/31/2018
City of South Bend
$6,320,943.19
12/28/2018
City of South Bend
$1,632,538.80
01/08/2018
City of South Bend
$4,445,973.84
12/27/2018;
12/28/2018
U.S. Bank National Association; Eddy St. Phase II;
$472,519.77
12/28/2018
Requisition No. 8
Therefore, Ms. Maradik made a motion that after review of the expenditures, the claims be
approved as submitted. Ms. O'Sullivan seconded the motion, which carried.
ADJOURNMENT
There being no further business to come before the Board, upon a motion made by Mr. Gilot,
seconded by Ms. Maradik and carried, the meeting adjourned at 9:48 a.m.
BOARD OF PUBLIC WORKS
Gary AGilot, President
kiza4bethh.Maradik, Member
1
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REGULAR MEETING
JANUARY 8, 2019
n
ATTEST:
0-1
Linda M. Martin, Clerk
Therese J. Dorau, Member
Su a M. Fr' tuber
aura L. O'Sullivan, Member