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Home My WebLink About05122020 Board of Public Works MeetingREGULAR MEETING MAY 12, 2020 96 AGENDA REVIEW MEETING The Agenda Review Session of the Board of Public Works schedule for May 7, 2020, was cancelled. REGULAR MEETING MAY 12, 2020 The Regular Meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, May 12, 2020. The meeting was streamed live to the public with Board President Gary Gilot and Board Members Liz Maradik, Therese Dorau, Joseph Molnar, and Jordan Gathers virtually present. Also present was Attorney Clara McDaniels and Board Clerk Linda Martin. Mr. Gilot opened the meeting. A roll call was taken by Ms. Dorau confirming the electronic presence of Board Members Gary Gilot, Elizabeth Maradik, Therese Dorau, Joseph Molnar, and Jordan Gathers. Mr. Gilot explained that each item to be voted on would be confirmed individually by roll call. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the minutes of the Regular Meeting of the Board held on April 28, 2020, were approved. OPENING OF BIDS — 2020 CURB & SIDEWALK CONSTRUCTION — PROJECT NO. 120- 001 (MVH) This was the date set for receiving and opening of sealed electronic 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 electronic bids were opened and publicly read: ZIOLKOWSKI CONSTRUCTION, INC 4050 Ralph Jones Drive South Bend, IN 46628 lmarkerkzbuild.com Bid was signed by Bill Favors Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted Division Al Total $79,243.00 Division A2 Total $67,684.00 Division Bl Total $88,436.00 Division B2 Total $28,674.00 Division B3 Total $40,346.00 Division C1 Total $43,891.00 Division D1 Total $57,149.00 Division D2 Total $48,890.00 Base Bid plus Alternates $454,313.00 RIETH-RILEY CONSTRUCTION CO., INC 25200 State Road 23 South Bend, IN 46614 imccormickgrieth-riley com Bid was signed by Joshua McCormick Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted I: M Division Al Total $77,587.00 Division A2 Total $52,888.00 Division B1 Total $76,311.00 Division B2 Total $25,905.00 Division B3 Total $36,566.00 Division C1 Total $38,970.00 Division D1 Total $46,291.00 Division D2 Total $37,532.00 Base Bid plus Alternates $392,050.00 REGULAR MEETING MAY 12, 2020 97 WALSH & KELLY, INC. 24358 State Road 23 South Bend, IN 46614 akrueger@walshkelly.com Bid was signed by Dustin Hillary Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted I Division Al Total $79,299.00 Division A2 Total $63,840.00 Division Bl Total $82,611.00 Division B2 Total $24,490.00 Division B3 Total $35,608.00 Division C1 Total $38,722.00 Division D1 Total $51,456.00 Division D2 Total $43,480.00 Base Bid plus Alternates $419,506.00 PREMIUM CONCRETE SERIVES. INC 712 Richmond St. Elkhart, IN 46516 rbeeker@premiumeoncreteonline.com Bid was signed by Robert Jones Non -Collusion, Non -Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted I: G Division Al Total $96,106.00 Division A2 Total $63,454.00 Division B1 Total $66,534.50 Division B2 Total $23,080.00 Division B3 Total $32,728.00 Division C1 Total $35,971.50 Division D1 Total $43,899.00 Division D2 Total $39,653.00 Base Bid plus Alternates $401,426.00 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above bids were referred to Engineering for review and recommendation. OPENING OF BIDS — BENDIX ESPORTS ARENA — PROJECT NO. 119-106C (HOTEL/MOTEL TAX_) This was the date set for receiving and opening of sealed electronic 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 submitted. Conference Technologies, Inc. submitted a letter of Request for Information regarding the bid and a letter of no bid. The Board noted this email address is only for receiving bids and the questions should have been submitted to the project engineer prior to the bid opening. Ms. Maradik made a motion to send the letter of Request for Information and no bid for review to Century Center. Mr. Molnar seconded the motion, which carried by roll call. Ms. Kara Boyles, City Engineer, clarified there were no bids received for this project. APPROVE CHANGE ORDER NO. 1 — HYDRANT RELOCATION QUOTE PROJECT NO 120-021 (SSDA TIFF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 on behalf of Selge Construction Co., Inc., 2833 S. II'h. St., Niles, MI, 49120, indicating the contract amount be increased by $16,856.79 for a new contract sum, including this Change Order, in the amount, not to exceed, $62,726.79. Mr. Gilot noted the engineer explained in a memo that this large increase was due to differing site conditions. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Change Order was approved. REGULAR MEETING MAY 12, 2020 98 APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — 2017-2018 TRAFFIC DETECTOR LOOPS — PROJECT NO 117 124 (LRSA) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 1 (Final) on behalf of Pemberton Davis Electric, Inc., 916 E. McKinley Ave., Mishawaka IN, 46545, indicating the contract amount be decreased by $38,542 for a new contract sum, including this Change Order, of $16,858. Also submitted was the Project Completion Affidavit indicating this new final cost of $16,858. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — MICHIGAN STREET PAVEMENT REPLACEMENT — PROJECT NO 118 075 (RWDA TIF Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 (Final) on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend IN, 46614, indicating the contract amount be decreased by $65,988.74 for a new contract sum, including this Change Order, of $1,871,605.86. Also submitted was the Project Completion Affidavit indicating this new final cost of $1,871,605.86. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, Change Order No. 2 (Final) and the Project Completion Affidavit were approved. APPROVE CHANGE ORDER NO 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — COSB WAYFINDING SIGNAGE PROGRAM PHASE I — PROJECT NO. 119-052R (WWDA TIF, REDA TIF RWDA TIF PROFESSIONAL SERVICES) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 2 (Final) on behalf of Geograph Industries, Inc., 475 Industrial Dr., Harrison OH, 45030, indicating the contract amount be decreased by $1,686 for a new contract sum, including this Change Order, of $137,471. Also submitted was the Project Completion Affidavit indicating this new final cost of $137,471. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, Change Order No. 2 (Final) and the Project Completion Affidavit were approved. APPROVE PROJECT COMPLETION AFFIDAVIT — FIRE STATION PARKING LOT IMPROVEMENTS — PROJECT NO 119-059 (FIRE DEPT. CAPITAL IMPROVEMENTS) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend IN, 46614, for the above referenced project, indicating a final cost of $128,678.51. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — MAIN & COLFAX PARKING STRUCTURE PAINT REMOVAL — PROJECT NO 119-078R (PARKING GARAGES) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of T. George Podell & Co., Inc., 23146 Ireland Rd., South Bend IN, 46614, for the above referenced project, indicating a final cost of $143,700. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — IVY TECH POD DISPOSAL PROJECT NO. 119-091 (RWDA TIF) Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Indiana Earth, Inc., 10343 McKinley Hwy., Osceola IN, 46561, for the above referenced project, indicating a final cost of $41,100. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET — COLFAX LIFT STATION IMPROVEMENTS — PROJECT NO 118 034C (REDA TIF) In a memorandum to the Board, Mr. Zach Hurst, 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. Maradik, seconded by Mr. REGULAR MEETING MAY 12, 2020 99 Molnar and carried by roll call, the above request to advertise was approved, and the Title Sheet was approved. ADOPT RESOLUTION NO. 14-2020 — A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 14-2020 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 CHARLES ROTHY retired effective April 30, 2020, from the South Bend Police Department after twenty (20) 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. NDT0934, a Smith and Wesson M&P9 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 12TH Day of MAY, 2020. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Elizabeth A. Maradik s/ Therese J. Dorau s/ Jordan V. Gathers s/ Joseph R. Molnar ATTEST: s/Linda M. Martin, Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for annroval: Type Business Description Amount/ Funding Motion/ Second Right of Entry Carl Kimble, Right of Entry at 1522 Ford $6,003.80 Maradik/Molnar Agreement Kimble's St. and Owner's Cease Use of (LRSA) Plumbing North Side of Property for Ingress and Egress, for Commercial Drive Relocation REGULAR MEETING MAY 12, 2020 100 for the Westside Quiet Zone Pro'ect APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license annlicationc were. nrecPntP.d fnr nn"rncm it Applicant Description Date/Time v Location Motion Carried Fiddler's Sidewalk Cafe Monday and Tuesday 127 N. Main St. Maradik/Dorau Hearth Permits 11:00 a.m. to 11:00 p.m.; Subject to the Wednesday to Saturday Layout and 11:00 a.m. to 12:00 a.m.; State Industry Sunday 11:00 a.m. to 9:00 Guidelines .m. Mr. Gilot stated there were a lot of discussions about the set-ups of the sidewalk cafes. He asked if Mr. Jitin Kain, Assistant Public Works Director, could talk about what was discussed. Mr. Kain stated he had a meeting with Downtown South Bend and Fiddler's Hearth about a compromise on the 3' separation from the bike lane. He said he spoke with the City Assistant Attorney Aladean DeRose and she confirmed a 3' setback with 1' of brick band meets the ADA requirements of 4' open sidewalk. He added signs will be put up indicating a shared zone for bikes and pedestrians. Mr. Gilot asked if this is a new permanent standard for South Bend or a recovery process for restaurants due to the COVID quarantine. Mr. Kain explained this is not a bike lane in the street, it is on the same level as the sidewalk, this is long term per the legal department. He added there is confusion about whether the requirement is for 4' or 5'. He stated 4' is acceptable along the sidewalk cafes. ADA requires 5' for every 200' of sidewalk. The Sidewalk Cafe Sunday and Monday 4:00 237 Martin Maradik/Molnar Hideaway Permits p.m. to 12:00 p.m.; Luther King Jr. Subject to ADA at the Wednesday to Saturday Blvd., Suite B Clearance and LaSalle 4:00 p.m. to 12:00 p.m. State Industry Guidelines South Bend Sidewalk Cafe Monday to Thursday 216 S. Michigan Maradik/Molnar Brew Permits 11:30 a.m. to 10:00 p.m.; St. Subject to the Werks Friday and Saturday New Layout 11:30 a.m. to 12:00 a.m.; and State Sunday 11:00 a.m. to 8:00 Guidelines for n.m- COVID Mr. Gilot read staff comments regarding the layout of the Brew Werks sidewalk cafe including concerns regarding trip hazards, less than 5' clear sidewalk and Fire Department access for their hose connection. Mr. Kain updated the Board stating Brew Werks submitted a new layout showing these two issues being addressed with planters on the posts to block the trip hazard, and tables and a bench moved to allow the Fire Department clearance to their fire hose connection. The View Sidewalk Cafe Monday to Saturday 515 E. Jefferson Maradik/Molnar Tavern Permits 11:00 a.m. to 10:00 p.m.; Blvd. Subject to ADA Sunday 3:00 p.m. to Clearance and 10:00 P.M. State Guidelines for COVID Woochi Sidewalk Cafe Monday to Thursday 119 N. Maradik/Molnar Japanese Permits 11:00 a.m. to 10:00 p.m.; Michigan St. Subject to ADA Fusion & Friday 11:00 a.m. to Clearance and Bar, Inc. 11:00 p.m.; Saturday State Guidelines 12:00 p.m. to 11:00 p.m.; for COVID Sunday 12:00 p.m. to 9:00 P.M. Aloft Sidewalk Cafe Monday to Friday 4:00 111 North Main Maradik/Molnar Permits P.M. to 11:00 p.m.; St. Subject to ADA Saturday 10:00 a.m. to Clearance and 11:00 p.m.; Sunday 10:00 State Guidelines a.m. to 10:00 m. for COVID Mr. Gilot read through staff comments for Aloft setup and noted Mr. Kain's comments on Fiddler's Hearth apply here also. REGULAR MEETING MAY 12, 2020 101 PEGGS of Sidewalk Cafe Sunday to Wednesday 127 S. Michigan Maradik/Molnar South Bend Permits 7:00 a.m. to 3:00 p.m.; St. Subject to ADA Thursday to Saturday Clearance and 7:00 a.m. to 8:00 p.m.. State Guidelines for COVID Mr. Gilot read through staff comments regarding Pegg's setup of tables between the planters along the curbside, blocking access from the street parking to the sidewalk Mr. Kain stated due to extreme pressure from COVID it's recommended that we provide accommodations to help businesses survive. Mr. Gilot questioned if the tables between the planters would be a new standard or limited to COVID. Mr. Kain stated this is for this period only during COVID, adding that during normal times this should be left open for pedestrians' walkway. Southside Licenses As submitted 401 E. Colfax Maradik/Molnar Massage Renewal — Ave., Suite 180 Retreat Massage Establishments FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST END OF CORBY ST., WEST OF SOUTH BEND AVE. PORTIONS OF FORMER EDDY ST. AND FORMER SOUTH BEND AVE. RIGHT-OF-WAYS AND COVERING THE CUL-DE-SAC ON SOUTH SIDE OF CORBY Mr. Gilot stated that Kite Realty Group, 30 South Meridian St., Indianapolis, IN 46204, has submitted a request to vacate the above referenced street for commercial redevelopment. Mr. Gilot advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Street Department, Fire Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13. Mr. Gilot noted this is a companion location to the two (2) vacations approved at the previousBoard meeting, subject to this location being requested also. Therefore, Ms. Maradik made a motion recommending approval of the request for vacation. Mr. Molnar seconded the motion which carried by roll call. APPROVE TRAFFIC CONTROL DEVICES Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following traffic control device requests were approved: NEW INSTALLATION: Three (3) "No Dumping" Signs LOCATION: West Side of Inglewood Pl. between W. Rose St. and W. Bryan St. REMARKS: All criteria have been met NEW INSTALLATION: No Parking Any Time with Left Arrow Sign LOCATION: West Side of Wilber St., North of Bulla St. REMARKS: All criteria have been met APPROVE OF WASTEWATER DISCHARGE PERMIT MODIFICATION In a Memorandum to the Board, Ms. Lauren Trapp, Division of Environmental Services, submitted the following Wastewater Discharge Permit(s) for modification and recommended approval: Imagineering Enterprises, Inc., 1302 W. Sample St. Mr. Gilot stated he had asked some questions of staff about this permit and asked if someone was available to answer. Mr. Eric Horvath, Public Works Director, addressed two concerns Mr. Gilot had. He stated regarding Federal versus local category regulations, this company permit follows Federal limits. He added if local limits are more stringent, they follow local limits, but in this case Federal limits are more stringent. He stated regarding the other question, would the flow require additional changes, they reported back the new line is replacing an old line and there shouldn't be any load changes and no sampling changes necessary. Mr. Horvath noted Industrial Pretreatment staff look at every industrial permit annually to confirm compliance. REGULAR MEETING MAY 12, 2020 102 There being no further discussion, upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the modification of the permit was approved. 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 err_-------� .•� viiiucf anu cerunea for accuracy. Name Amount of Claim Date U.S. Bank National Association; Requisition No. 23; $294,265.76 4/29/2020 ...Eddy St. Phase II Therefore, Ms. Maradik made a motion that after review of the expenditures, the claims be approved as submitted. Mr. Molnar seconded the motion, which carried by roll call. PRIVILEGE OF THE FLOOR Mr. Gilot stated he thought he saw a question from Mr. Murray Miller. Ms. Maradik stated Attorney McDaniels already answered his question asking her to repeat a bid amount. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Ms. Maradik and carried by roll call, the meeting adjourned at 10:21 a.m. BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: Linda C Vactin Linda M. Martin, Clerk