HomeMy WebLinkAbout03122019 Board of Public Works MeetingAGENDA REVIEW SESSION MARCH 7, 2019 48
Laura L. O'Sullivan, Member
ATTEST:
a
Linda.M Martin', Clerk
REGULAR MEETING MARCH 12, 2019
The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday,
March 12, 2019, by Board President Gary A. Gilot, with Board Members Therese Dorau and
Laura O'Sullivan present. Board Members Elizabeth Maradik and Suzanna Fritzberg were
absent. Also present was Attorney Sandra Kennedy, Mr. Gilot announced the addition to the
agenda of a Lease/Rental Agreement.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the minutes of the
Agenda Review Session, Regular Meeting, and Claims Review Meeting of the Board held on
February 21, February 26, and March 5, 2019, were approved.
PUBLIC HEARING —MASSAGE BY SUZANNE
Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a new
massage establishment license application for Massage by Suzanne, 914 Lincoln Way West,
South Bend, IN. He opened the meeting for comment. It was noted favorable recommendations
were received from Community Investment, Area Plan Commission, and the Fire and Police
Departments. 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. Dorau, seconded
by Ms. O'Sullivan and carried, the license was approved.
PUBLIC HEARING — WELL BEING MASSAGE, LLC
Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a new
massage establishment license application for Well Being Massage, LLC, 115 N. William St.,
South Bend, IN 46601. He opened the meeting for comment. It was noted favorable
recommendations were received from Community Investment, Area Plan Commission, and the
Fire and Police Departments. 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.
Dorau, seconded by Ms. O'Sullivan and carried, the license was approved.
OPENING OF BIDS — THREE TWENTY AT THE CASCADE -- EXTERIOR INSULATION
AND FINISH SYSTEM — PROJECT NO. 118-074B R REDA TIF
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. The following bid was opened and publicly read:
SKYLINE PLASTERING INC.
232 Westgate Drive
Carol Stream, IL 60188
Bid was signed by: Peter Klyachenko
Non -Collusion, Non -Discrimination Affidavit Form was completed
Five percent (5%) Bid Bond was submitted
A P
Base Bid Total
$475,800.00
Alternate #1 Total
($1,935.00)
Alternate #2 Total
$82,900.00
Alternate #3 Total
$85,700.00
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the above bid was
referred to Engineering and Community Investment for review and recommendation.
REGULAR MEETING MARCH 12.2019 49
OPENING OF BIDS — WEST BANK TRAIL CORRIDOR IMPROVEMENTS — PROJECT
NO. 117-085 (RWDA TIF/RWDA TJJF BOXD�
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. No bids were received.
OPENING OF QUOTATIONS —2019 VENUES PARKS AND ARTS CEMETERY MOWING
(VPA MAINTENANCE)
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:
ACRES GROUP
23940 W. Andrew Road
Plainfield, IL 60585
Quotation was submitted by Jeff Dumas
Non -Collusion, Non -Discrimination Affidavit Form was completed
QUOTATION:
Base Quote
$49,784
Alternate No. 1
$5,985
Total Bid Including Alternate No. 1
$55,770
MICHIANA'S FOUR SEASONS LANDSCAPING
24449 Rolling Oaks Drive
South Bend, IN 46628
Quotation was submitted by Ernest Sanchez
Non -Collusion, Non -Discrimination Affidavit Form was completed
QUOTATION:
Base Quote
$37,180.00
Alternate No. I
F$_6,006_._66'_
Total Bid Including Alternate No. _1
-$43,180.00
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the above
quotations were referred to Venues, Parks, and Arts for review and recommendation,
OPENING OF QUOTATIONS —LOT 12 U.S. 31 INDUSTRIAL PARK ASPHALT PAVING —
PROJECT NO. 119-026 (RWDA TIF)
Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for
the above referenced project. No quotes were received.
OPENING OF QU )TATIONS — LOT 12 U.S. 31 INDUSTRIAL PARK LANDSCAPE
WORK— PROJECT NO. 119-029 (RWDA TIF)
Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for
the above referenced project. The following quotation was opened and read:
FUERBRINGER LANDSCAPING & DESIGN. INC.
22530 Brick Road
South Bend, IN 46628
Quotation was submitted by Dan Fuerbringer
Non -Collusion, Non -Discrimination Affidavit Form was completed
QUOTATION: $52,110. 00
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the above
quotation was referred to Engineering and Community Investment for review and
recommendation.
OPENING OF QUOTATIONS — CENTURY CENTER EXTERIOR LANDSCAPING —
PROJECT NO. 118- 101 (HOTEL/MOTEI, TAX)
Mr. Gilot advised that this was the date set for the receiving and opening of sealed quotations for
the above referenced project. The following quotation was opened and read:
REGULAR MEETING
MARCH 12,2019 50
ACORN LANDSCAPING LLC
3680 W. Sample Street
South Bend, IN 46619
Quotation was submitted by Jeff Ritschard
Non -Collusion, Non -Discrimination Affidavit Form was completed
QUOTATION:
Total Base Quote
$131,069.02
Alternate No. 1
$128,989.66
Alternate No. 2
$64,464.90
Alternate No. 3
-Alternate
$155,925.90
No. 4
$69,179.55
Base Quote plus Alternates
$549,629.03
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the above
quotation was referred to Engineering and Century Center for review and recommendation.
OPENING OF QUOTATIONS — CENTURY CENTER MALL DOOR REPAIR — PROJECT
NO. 118-0361?1
Mr. Gilot advised that this was the date set for the receiving and opening of scaled quotations for
the above referenced project. No quotes were received.
AWARD BID EXTENSION — ONE
CAB TWO (2) WHEEL DRIVE
In a letter to the Board, Mr. Jeff Hudak, Central Services, advised the Board that on October 9,
2018 the above bid was awarded to Jordan Ford for one (1) truck in the amount of $38,170 for
the base bid and Alternates 1, 2, and 3. Mr. Hudak is now requesting the award of two (2)
additional trucks for a total of $76,340 for the Water Works Department. He noted in his letter to
the Board that the vendor has confirmed their approval of the bid extension that was written in
their original bid documentation. Therefore, Ms. Dorau made a motion that the recommendation
be accepted and the bid award be extended for two (2) additional trucks as requested. Ms.
O'Sullivan seconded the motion, which carried.
RATIFY QUOTATION AWARD — BECKS LAKE CONTROL VALVE MAFERIAL
PROCUREMENT
Mr. Jacob Klosinski, Wastewater, advised the Board that on April 24, 2018, quotations were
received and opened for the above referenced project. After reviewing those quotations, and due
to the quotes being below the $25,000 threshold, Mr. Klosinski awarded the contract to the
lowest responsive and responsible bidder, Underground Pipe and Valve (Ferguson Waterworks),
1077 Olive Plow Court, South Bend, IN 46601, in the amount of $15,246. Mr. Klosinski is now
requesting the Board ratify his award. Therefore, Ms. Dorau made a motion that the
recommendation be accepted and the quotation be awarded as outlined above. Ms. O'Sullivan
seconded the motion, which carried.
RATIFY QUOTATION AWARD WASTEWATER TREATMENT PLANT REUSE
BUILDING WALL REPAIR
MAINTENANCE)
Mr. Jacob Klosinski, Wastewater, advised the Board that on March 27, 2018, quotations were
received and opened for the above referenced project. After reviewing those quotations, and due
to the quotes being below the $25,000 threshold, Mr. Klosinski awarded the contract to the
lowest responsive and responsible bidder,, Zimmerman Industrial Piping, Inc., 1117 N. Clay St.,
Mishawaka, IN 46545, in the amount of $15,652. Mr. Klosinski is now requesting the Board
ratify the award. Therefore, Ms. Dorau made a motion that the recommendation be accepted and
the quotation be awarded as outlined above. Ms. O'Sullivan seconded the motion, which carried.
RATIFY U
O'"AT N AWARD
ORGANIC
AN C
RESOU R
"S FA
—CIL�IJY FLAGPOLE AND
INSTALLATION SERVICES S 'ID DIVISION A1
0R LS BUILDING REPAIR a�AIN rXANCE
Jacoblos' si,Wastewater, advised the Board that April
24, 2018, quotations were
received and opened for the above referenced project. After reviewing those quotations, and due
to the quotes being below the $25,000 threshold, Mr. Klosinski awarded the contract to the
lowest responsive and responsible bidder, Flags International, Inc., 10845 McKinley Hwy.,
REGULAR MEETING MARCH 12, 2019 51
Osceola, IN 46561, in the amount of $4,782 for Base Bid, Division A. Mr. Klosinski is now
requesting the Board ratify the award. Therefore, Ms. Dorau made a motion that the
recommendation be accepted and the quotation be awarded as outlined above. Ms. O'Sullivan
seconded the motion, which carried.
RATIFY QUOTATION AWARD — ORGANIC RESOURCES FACILITY FLAGPOLE AND
INSTALLATION SERVICES — BASE BID DIVISION B UTILTIES ORGANIC
RESOURCES BUILDING REPAIR & MAINTENANCE
Mr. Jacob Klosinski, Wastewater, advised the Board that on April 24, 2018, quotations were
received and opened for the above referenced project. After reviewing those quotations and due
to the quote being below the $25,000 threshold, Mr. Klosinski awarded the contract to the lowest
responsive and responsible bidder, Martell Electric, LLC, 4601 Cleveland Rd., South Bend, IN
46628, in the amount of $4,501 for Base Bid, Division B. Mr. Klosinski is now requesting the
Board ratify the award. Therefore, Ms. Doran made a motion that the recommendation be
accepted and the quotation be awarded as outlined above. Ms. O'Sullivan seconded the motion,
which carried.
APPROVE CHANGE ORDER NO. 9 — ERSKINE CLUBHOUSE RENOVATION — PROJECT
NO. 116-108 EPA 'MAINTENANCE
Mr. Gilot advised that Mr. Kyle Silveus, Engineering, has submitted Change Order No. 9 on
behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Drive, South Bend, IN 46628,
indicating the contract amount be increased by $62,852 for a new contract sum, including this
Change Order, in the amount of $1,076,842. Mr. Gilot noted the project is nearing the 20%
increase limit but added Mr. Silveus explained that almost all of these situations were due to
unforeseen site conditions as excavation proceeded. Upon a motion made by Ms. Dorau,
seconded by Ms. O'Sullivan and carried, the Change Order was approved.
APPROVE CHANGE ORDER NO. 1 — FOUR WINDS FIELD LANDSCAPING
(COVELESKI NON -REVERTING)
Mr. Gilot advised that Mr. Patrick Sherman, VPA, has submitted Change Order No. 1 on behalf
of Foegley Landscape, Inc., 52215 N. Lilac Road, South Bend, IN 46628, indicating the contract
be increased by seventeen (17) days for a new contract completion date of April 1, 2019. Upon a
motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the Change Order was
approved.
APPROVE CHANGE ORDER. NO. 1 — THREE TWENTY AT THE CASCADE — SITE
UTILITIES — PROJECT NO. 118-074D (REDA TIF )
Mr. Gilot advised that Mr. Zach Hurst, Engineering, has submitted Change Order No. 1 on
behalf of Indiana Earth, Inc., 10343 McKinley Highway, Osceola, IN 46561, indicating the
contract amount be increased by $18,295 for a new contract sum, including this Change Order, in
the amount of $186,767. Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and
carried, the Change Order was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — TWO (a,
MORE OR LESS 2019 OR NEWER 3✓4 TON EXTENDED CAB FOUR-WHEEL DRIVE
PICK-UP TRUCK'S -- SPEC A (SEWERS CAPITAL)
In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
advertise for the receipt of bids for the above referenced trucks. Therefore, upon a motion made
by Ms. Doran, seconded by Ms. O'Sullivan and carried, the above request was approved.
APPROVAL OF REQUEST TO ADVERTISE I^OR THE RECEIPT OF BIDS — TWO 2
MORE OR LESS 2018 OR NEWER 27 CUBIC YARD SINGLE ARM SIDE LOADING
REFUSE TRUCKS — SPECB SOLID 'tih^'ASTE CAPITAL LEASE
In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
advertise for the receipt of bids for the above referenced trucks. Therefore, upon a motion made
by Ms. Doran, seconded by Ms. O'Sullivan and carried, the above request was approved.
REGULAR MEETING MARCH 12 2019 52
APPROVAL DOE-MMI-M-ADYMISE FOR THE RECEIPT OF 'BIDS - TWO
MORE OR LESS, 2019 OR NE)Y_ERFULL SIZE QAR(jo VANS SPEC C WATER
WORKS/WASTEWATER CAPITAL)
In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
advertise for the receipt of bids for the above referenced vans. Therefore, upon a motion made by
Ms. Duran, seconded by Ms. O'Sullivan and carried, the above request was approved,
APPROVAL OF REQUEST T() ADVERTISE FOR THE RECLf�,IJT 01�,131DS - ONE _(I)_OR.
H EXPANDABLE TRACK -
DRIVE AND TRAILER --,SPEC F SEWERS CAPITAL!
-_
In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion
made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the above request was approved,
APPROVAL OF REQUEST TO ADVERTI`
C
MORE OR LESS. THREE RUBBER �� LOADER -SPEC' G
(,WATER WORKS CAPI'l I AL) -I-,-
In a memorandum to the Board, Mr. Jeff Hudak, Central Services, requested permission to
advertise for the receipt of bids for the above referenced equipment. Therefore, upon a motion
made by Ms. Doran, seconded by Ms. O'Sullivan and carried, the above request was approved.
APPROVAL OF RE�U'T To ADVERTISE
"ET'
E IPTOF BIDS AND�JTLL
SII-ET-HISTORIC I- - PER PARK I PR CEMENTS -PROJFCT O.118-01C)A RWDA
IF BOND
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, Upon a motion made by Ms. O'Sullivan, seconded
by Ms. Doran and carried, the above request to advertise was approved, and the Title Sheet was
approved and signed.
AD RES N N _O N ND BOARD
RESOLD
F 0 "TLBE
P R PROPERTY
O�
T' 0 H
0
SE
--T
I AND OBSOLETE
OPT 'OLU"'O 0' "-'
TI
ON DI PO' AL
WORKS
Oran' seconded by S. O'Sullivan and carried the following
0 PUBLIC
LIC
Pon a motion
n made by Ms D
Resolution was adopted by the Board of Public Work
RESOLUTION NO. 05-2019
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
FIREFIGHTER FIRE HELMET AND BOOTS
WHEREAS, pursuant to I.C. 36-9-6-1 et. seq., the Board of Public Works ("Board") has
the duty and authority to have custody, control, use, and to dispose of real and personal property
owned by the City of South Bend, Indiana; and
WHEREAS, IC 5-22-22-6 permits and establishes the procedure for disposal of personal
property, which is no longer needed by the City and which is unfit for the purpose for which it
was intended; and
WHEREAS, on February 5, 2019, Fireft�xhjer Nicliolas Scllradel• retired from the South
Bend, Indiana, Fire Depaninent after twenty-four (24) years of service, and the Board of Public
Safety of the City of South Bend, Indiana has determined that fie has retired in good standing;
and
WHEREAS, Chief Stephen Cox has advised the Board that this Firefighter's fire helmet
and boots ("Property") are of no further use to the Depailinent, are of no practical value, and
have an estimated market value of less than One -Thousand Dollars ($1,000.00); and
WHEREAS, the Board has determined that the Property is worthless as that term is
defined in I.C. 5-22-22-8(b); and
REGULAR MEETING MARCH 12, 2019 53
WHEREAS, I.C. 5-22-22 permits and establishes procedures for the disposal of personal
property which is either unfit for the purpose for which it was intended, no longer needed by the
City, or property which is deemed worthless.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend, Indiana, as follows:
1. The Property is no longer needed by the City of South Bend, is unfit for the purposes
for which was intended, and has an estimated value of less than One -Thousand
Dollars ($1,000.00).
2. The Property may be demolished, junked or otherwise disposed in a manner
determined by the Fire Chief, including donation to the Firefighter as a token for his
years of service to the City of South Bend.
ADOPTED this 12th day of March, 2019.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ Therese J. Dorau
s/ Laura L. O'Sullivan
ATTEST:
s/Linda M. Martin, Clerk
ADOPT RESOLUTION NO. 06-2019 — A RESOLUTION OF THE SOUTH BEND BOARD
OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO. 06-2019
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
FIREFIGHTER FIRE HELMET AND BOOTS
WHEREAS, pursuant to I.C. 36-9-6-1 et. seq., the Board of Public Works ("Board") has
the duty and authority to have custody, control, use, and to dispose of real and personal property
owned by the City of South Bend, Indiana; and
WHEREAS, IC 5-22-22-6 permits and establishes the procedure for disposal of personal
property which is no longer needed by the City and which is unfit for the purpose for which it
was intended; and
WHEREAS, on February 1, 2019, Captain Thomas Sheets retired from the South Bend,
Indiana, Fire Department after thirty-one (31) years of service, and the Board of Public Safety of
the City of South Bend, Indiana has determined that he has retired in good standing; and
WHEREAS, Chief Stephen Cox has advised the Board that this Firefighter's fire helmet
and boots ("Property") are of no further use to the Department, are of no practical value, and
have an estimated market value of less than One -Thousand Dollars ($1,000.00); and
WHEREAS, the Board has determined that the Property is worthless as that term is
defined in I.C. 5-22-22-8(b); and
WHEREAS, I.C. 5-22-22 permits and establishes procedures for the disposal of personal
property which is either unfit for the purpose for which it was intended, no longer needed by the
City, or property which is deemed worthless.
REGULAR MEETING MAILC ,H �122019 54
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend, Indiana, as follows:
3. The Property is no longer needed by the City of South Bend, is unfit for the purposes
for which was intended, and has an estimated value of less than One -Thousand
Dollars ($1,000.00).
4. The Property may be demolished, junked or otherwise disposed in a manner
determined by the Fire Chief, including donation to the Firefighter as a token for his
years of service to the City of South Bend.
ADOPTED this 12th day of March, 2019.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
sl Gary A. Gilot
s/ Therese J. Dorau
sl Laura L. O'Sullivan
ATTEST:
s/Linda M. Martin, Clerk
AD RESOLUTION N A R N THE C TI I BEND Pr
0 iRr�
IT y 0"''OU
SURPLUS t following
low g
S O� FS
0 "'0 0'
LU SP
T - E DI A
I ES b S. O'Sullivan and carried,he in
ADOPT
'OLUT'O 0
I NDIANA BOARD F PUBLIC
FOR
0 0 � WORKS
Upon a motion made b M Do a ,seconded
so utio io y s u y
I w s opt y oar ofPublic
Works:
Resolution a adopted b the Board ub rk
RESOLUTION NO. 07-2019
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS FOR THE
DISPOSAL OF SURPLUS PROPERTY
WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the
right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana
statutes, all real and personal property owned by the City of South Bend; and
WHEREAS, the Common Council of the City of South Bend passed as amended on
January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the
City of South Bend to determine that the sidearm of a police officer who retires in good standing
is surplus property and no longer useful to the City of South Bend; and
WHEREAS, OFFICER STEVE NOONAN retired effective February 24, 2019, from
the South Bend Police Department after twenty-eight (28) years of service, and the Board of
Public Safety of the City of South Bend has determined that he retired in good standing; and.
WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal
property which is no longer needed by the City and which is unfit for the purpose for which it
was intended;
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of
South Bend that handgun Serial No. HKB5073, A Smith and Wesson Handgun, is no longer
needed by the City and is unfit for the purpose for which it was intended and has an estimated
fair market value of less than Five Hundred Dollars ($500.00),
BE IT FURTHER RESOLVED that said property be disposed of and removed from the
City inventory.
ADOPTED this 12' Day of March, 2019.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
REGULAR MEETING
MARCH 12, 2019 55
ATTEST:
s/Linda M. Martin, Clerk
s/ Gary A. Gilot
s/ Therese J. Doran
s/ Laura L. O'Sullivan
ADOPT RESOLUTION NO. 08-2019 — A RESOLUTION OF THE BOARD OF PUBLIC
WORKS OF THE CITY OF SOUTH BEND AUTHORIZING STAFF TO EFFECTUATE THE
ACQUISITION OF CERTAIN REAL.., PROPERTY — SEITZ PARK AND RIVER WALK
IMPROVEMENTS
Upon a motion made by Ms. Doran, seconded by Ms. O'Sullivan and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO.08-2019
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND AUTHORIZING STAFF TO EFFECTUATE THE ACQUISITION OF CERTAIN
REAL PROPERTY
WHEREAS, Ind. Code 32-24-1 establishes certain statutory procedures for the
acquisition by a municipality of property for public use; and
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board") is
empowered to carry out the acquisition of property pursuant to Ind. Code §§ 32-24-1-3(a) and
36-9-6-4, and, pursuant to Ind. Code § 36-9-6-3, has custody of and may maintain all real and
personal property of the City of South Bend (the "City"); and
WHEREAS, the City of South Bend Board of Parks Commissioners, pursuant to its
resolution number 0005-2017, adopted a framework for the renovation of Seitz Park, which
includes improvements to the existing East Bank Trail and River Walk (the "Project"); and
WHEREAS, the City's property rights to portions of the East Bank Trail and River Walk
are comprised of easements; and
WHEREAS, in furtherance of the Project, specifically to construct the improvements and
maintain the trails for the continued use and benefit of the public, and to protect the City's river
front for the enjoyment of future generations, the City has determined that it is in the best interest
of the public for the City to acquire the parcels of property constituting the un-owned portions of
the East Bank Trail and River Walk from the property owners (the "Properties"), which
Properties are more specifically set forth on Exhibit A; and
WHEREAS, the Board desires to authorize City staff to perform certain actions on the
Board's behalf to carry out its acquisition of the Properties.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND AS FOLLOWS:
1. The Board affirms its approval of the acquisition of the Properties in furtherance
of the Project and to protect the City's river front.
2. The Board authorizes David Relos of the City's Department of Community
Investment to act on behalf of the Board to distribute payment, accept and present for recordation
deeds for the Properties, and execute on the Board's behalf any document or take on the Board's
behalf any action that may be required to carry out the purposes of this Resolution.
3. This Resolution will be in full force and effect upon its adoption.
ADOPTED this 12TH Day of March, 2019.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
REGULAR MEETING
MARCH' 12. 2.019 56
ATTEST:
s/Linda M. Martin, Clerk
s/ Gary A. Gilot
s/ Therese J. Dorau
s/ Laura L. O'Sullivan
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for
a roval:
Type
Business
Description
Amount/
Motion/
B.
Funding
Second
Professional
Christopher
Identify Impervious Cover
$40,000
Dorau/O'Sullivan
Services
Burke
Based Stormwater
(Stormwater
Agreement
Engineering,
Program Costs and
Professional
LLC
Develop Rate Structure
Services)
and Fees with
Recommendations for
Implementation
CityStaff
Agreement
The Industrial
Services
$76,470
,
DoraWO Sullivan
for Staff
Revolving
provided to the Industrial
Paid to the
Services
Fund
Revolving Fund
City
Professional
Indiana
Mortgage Foreclosure
Fee per
Dorau/O'Sullivan
Services
Housing and
Counseling
Service;
Contract
Community
Paid to the
Development
City
Authority
Professional
Purdue
Training for Under-
NTE $12,000
Dorau/O'SullivanServices
University
Skilled Workers to meet
(EDIT)
Agreement
MEP Center
Labor Needs in the
Community
Professional
Lawson -Fisher
Construction Inspection
NTE
Dorau/O'Sullivan
Services
Associates,
for Bendix Drive, Stage II
$494,500
Agreement
P.C.
(LRSA)
Amendment
Stantec
Additional Time for
N/A
Dorau/O'Sullivan
No. 1 to
Consulting
LTCP Negotiations
Master
Services, Inc.
Services
Agreement
Task Order
Stantec
2019 CSO LTCP
_
NTTEE
O'SullivanlDorau
No. 6
Consulting
Renegotiations Support
$200 000
Services, Inc.
(Wastewater
Professional
Services
En ig veering)
Easement
Indiana Electrical Distribution
N/A
TABLED
Agreement
Michigan Easements for New
Gilot/Dorau
Power Electrical Services to
Company Howard Park
Professional
American Right -of -Way
$16,030
Dorau/O'Sullivan
Services
Structurepoint, Acquisitions in the West
(LRSA)
Agreement
Inc. Side Quiet. Zone
First
Urban Provide Additional Funds
$375,000;
DoraWO'Sullivan
Addendum to
Enterprise and Eligible Corridors to
New Total
Agreement
Association of the Faqade Matching
$575,000
South Bend, Grant Programs
(COIT)
Inc.
Grant
The Grant Agreement for
NTE
Dorau/O'Sultivan
Agreement
Bloomberg Bloomberg Mayor's
$1,000,000
Family C'.1�a11erage
Paid to the
REGULAR MEETING
MARCH 12, 2019 57
Foundation,
City
Inc.
Attachment
Superion
Apply Stormwater Fee to
$5,120
Dorau/O'Sullivan
A to
all Existing Accounts
(Water Works
Professional
Operations
Services
and
Agreement
Maintenance
Lease
SealMaster
Short Term Lease of
$2,400/Skid
Dorau/O'Sullivan
Agreement
Crack Sealing Machine in
(MVH)
exchange for Purchasing
Material from Seal Master
APPROVAL OF PERMIT AND LICENSE APPLICATIONS
The following permit and license applications were presented for approval:
Applicant
Description
Date/Time
Location
Motion
Carried
Venues, Park,
Use of the
March 16, 2019;
Start at Jefferson
Dorau/O'Sullivan
and Arts
Right -of -Way
9:30 a.m. to 1:00
Blvd. and Frances
for Procession;
p.m.
St., West to Niles
St. Patrick's
Ave., North to
Day Parade
Washington Street,
East on Washington
Street to Hill Street
March of
Use of the
May 4, 2019;
Sidewalks only from
Dorau/O'Sullivan
Dimes
Right -of -Way
8:00 a.m. to
IUSB to Howard
for Procession;
12:00 p.m.
Park or Boat House
MS Walk
(if under
construction)
Therapeutic
Massage
NIA
903 E. Jefferson
Dorau/O'Sullivan
Indulgence
Establishment
Blvd.
License
Summer Spa
Massage
N/A
3601 E. Jefferson
Dorau/O'Sullivan
Establishment
Blvd.
License
Hair Crafters
Massage
N/A
602 Lincolnway
Dorau/O'Sullivan
Establishment
East
License
Beacon Health
Public Parking
Twenty -Four
621 Memorial
Dorau/O'Sullivan
Systems
Facility License
(24) Hours;
Drive;
Seven (7) Days
100 Navarre Street;
707 N. Michigan
Street
Madis Market
Open Air
April -September,
209 S. Michigan St.
Dorau/O'Sullivan
Business
2019; 11:00 a.m.
License
to 7:00 p.m.
Cinco 5
Sidewalk Caf6
Monday: 10:00
112 W. Colfax Ave.
Dorau/O'Sullivan
International
Permit
a.m.-3:00 p.m.;
Tuesday -Friday:
10:00 a.m.-11:00
p.m.; Saturday:
4:00 p.m.-11:00
p.m.
APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — CITY OF SOUTH
BEND DEPARTMENT OF REDEVELOPMENT
Mr. Gilot stated an application for an Encroachment/Revocable Permit has been received for the
purpose of allowing new infrastructure such as a new restroom building, lighting, parking lot,
landscaping, curb and gutter, handrail, etc. to encroach in the right-of-way at Gintz Avenue, in
Seitz Park at 340 E. Colfax Ave., Parcel ID's 018-5001-000702 and 018-5001-0005. The
REGULAR MEETING MARCH 12,2019 58
encroachment shall remain in the right of way until the time as the Board of Public Works of the
City of South Bend shall determine that such encroachment is in any way impairing or
interfering with the highway or with the free and same flow of traffic. Upon a motion made by
Ms. Dorau, seconded by Ms. O'Sullivan and carried, the Revocable Permit was approved.
APPROVE REVOCABLE PERMIT FOR ENCROACHMENT — COMMERCE CENTER
DEVELOPMENT. LLC
Mr. Gilot stated an application for an Encroachment/Revocable Permit has been received from
the Commerce Center Development, LLC, 401 E. Colfax Ave., Ste. 277, South Bend, IN 46617,
for the purpose of allowing a fresh air intake shaft to encroach in the right-of-way along 350 E.
LaSalle Ave, The Engineering Department stated they determined that a permanent retaining
wall installation within the public right-of-way is not revocable and recommended denial.
Community Investment agreed and suggested the vents and building fayade could be detailed
such that the retaining wall stays within the existing private property, or the vents could be
relocated elsewhere along the building perimeter and the mechanical design reconfigured. They
also recommended denial due to being a permanent encroachment. Mr. Zach Hurst, Engineering
stated the encroachment just approved previously by the Board for Seitz Park is structural and is
allowed by law to be done through a revocable permit. He noted this is for a retaining wall which
is not considered structural since it is not attached to the structure. He stated the Legal
Department is working on a permanent easement for this wall. Mr. Eric Horvath, Public Works
Director, stated this will only encroach one (1) foot into the right-of-way and won't hinder the
public's access. He stated a permanent easement is more appropriate rather than an
encroachment. Mr. Gilot asked if the Board should approve a temporary encroachment until the
documents for the easement can be completed so construction can proceed. Mr. Horvath and
Attorney Kennedy agreed a temporary encroachment would be good until the easement
paperwork is approved by the Board. Therefore, upon a motion made by Mr. Gilot, seconded by
Ms. Dorau and carried, the Encroachment/Revocable Permit was approved for thirty (30) days,
until the easement is drawn up.
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the following
traffic control device requests were approved:
NEW INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATIONS: 243 Altgeld Street
829 E. Calvert Street
REMARKS: All Criteria met
Upon a motion made by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the following
traffic control device requests were denied:
NEW INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATIONS: 1705 S. Kendall Street
1261 Woodward Avenue
REMARKS: 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. Miller Family Trust:
1. 25693 Scent Trail — Water/Sewer
2. 25593 Scent Trail — Water/Sewer
B. Miller Builder's/Denny Miller; 52548 Common Elder Trail — Water/Sewer
C. Stephen & JoAnn DeCloedt; 53333 N. Ironwood Road — Sewer
D. Capstone Building and Remodeling:
1. 18045 Stoneridge Street — Water/Sewer
REGULAR MEETING MARCH 12, 2019 59
2. 26912 McArthur Court — Sewer
Upon a motion by Ms. Dorau, seconded by Ms. O'Sullivan and carried, the Consents to
Annexation and Waivers of Right to Remonstrate were approved as submitted.
RATIFY APPROVAL AND/OR RELEASE CONTRACTOR EXCAVATION AND
OCCUPANCY BONDS
Ms. Donna Hanson, Division of Engineering, recommended that the following bonds be ratified
ursuant to Resolution 100-2000 and/or released as follows:
Business
Bond Type
Approved/
Released
Effective Date
J.F. Electric, Inc.
Excavation Bond
Approved
February 14, 2019
Larson -Danielson Construction
Occupancy Bond
Approved
February 14, 2019
Com an , Inc.
J.F. Electric, Inc.
Occupancy Bond
pproved
rA—pproved
February 14, 2019
F.E. Moran, Inc Fire Protection
Occu ancy Bond
February 18, 2019
Ms. Doran made a motion that the bond's approval and/or release as outlined above be ratified.
Ms. O'Sullivan seconded the motion, which carried.
APPROVE CLAIMS
Ms. Dorau 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 accuracy.
Name
Amount of Claim
Date
City of South Bend
$2,320,029.65
02/28/2019
�03/12/2019
City of South Bend
$966,803.09
U.S. Bank National Association; Eddy St. Phase lI;
$44,925.45
02/28/2019
Requisition No. 10 ................
U.S. Bank National Association; Charles Black Center;
$143.14
01/22/2019
Requisition No. 104
Therefore, Ms. Dorau 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. Doran and carried, the meeting adjourned at 10:15 a.m.
BOARD OF PUBLIC WORKS
)
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
.,._ Gei V ve E.
Laura L. O'Sullivan, Member
ATTEST:
Linda M. Martin, Clerk.