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Home My WebLink About08252020 Board of Public Works MeetingREGULAR MEETING AUGUST 25, 2020 141 AGENDA REVIEW MEETING The Agenda Review Session of the Board of Public Works scheduled for August 20, 2020, was cancelled. REGULAR MEETING AUGUST 25, 2020 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, August 25, 2020, by Board President Gary A. Gilot. The meeting was streamed live to the public with Board President Gary A. Gilot and Board Members Elizabeth Maradik, Therese Dorau, Jordan Gathers, and Joseph Molnar present. Ms. Doran confirmed the presence of all members with a roll call. Also present was Board Attorney Clara McDaniels and Clerk of the Board Linda Martin. 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 August 11, 2020, were approved. OPENING OF BIDS — SALE OF CITY -OWNED PROPERTY — 733 E. INDIANA AVE. This was the date set for receiving and opening of sealed bids for the above referenced property. 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: HERBERT L. HARRIS, JR. 1517 High St. South Bend, IN 46613 herbert.harris 1013 @gmail.com BID: $750.00 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above bid was referred to Community Investment for review and recommendation. OPENING OF BIDS — SALE OF CITY -OWNED PROPERTY —1241 W. CALIFORNIA AVE. This was the date set for receiving and opening of sealed bids for the above referenced property. 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: JANINA K. HAUBOLD 1006 Diamond Ave. South Bend, IN 46628 haubold.kristen@gmail.com BID: $1,155.00 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above bid was referred to Community Investment for review and recommendation. OPENING OF QUOTATIONS — 2020 TREE PLANTINGS — PROJECT NO 120-003 (PR- 00002852) 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: ACORN LANDSCAPING LLC 3680 W. Sample St. South Bend, IN 46619 rebecea.matthys03@gmail.com Quotation was submitted by Mr. Jeff Ritschard Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $38,425.00 FUERBRINGER LANDSCAPING & DESIGN. INC. 22530 Brick Rd. REGULAR MEETING AUGUST 25, 2020 142 South Bend, IN 46628 contactusgfuerbringerlandscgping com Quotation was submitted by Mr. Dan Fuerbringer Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $24,645.00 DOUGLAS LANDSCAPE, INC. 23590 Ardmore Trail South Bend, IN 46628 jennydou lag slandsacpekgmail.com Quotation was submitted by Mr. Doug Pittman Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $28,620.00 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above quotations were referred to Engineering for review and recommendation. TABLE OPENING OF QUOTATIONS — PINHOOK PARK WATER TREATMENT PLANT IMPROVEMENTS — EXHAUST FANS — PROJECT NO. 119-003A (PR00002792) Mr. Gilot advised the Board has been asked to table this quote opening until September 8, 2020. Upon a motion by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the quote opening was tabled. OPENING OF QUOTATIONS — BURKE BUILDING ROOF REPAIRS — PROJECT NO 119- 084A (PR-00002882) 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: BSR ROOFMASTERS 730 W. Indiana Ave. South Bend, IN 46613 bsr.roofmasters@att.net Quotation was submitted by Mr. Robert Ullery Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: $7,250.00 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above quotation was referred to Community Investment and Engineering for review and recommendation. OPENING OF QUOTATIONS — OLIVE STREET STATION ROOF REPAIRS — PROJECT NO. 120-028 (PR-00003375) 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: MIDLAND ENGINEERING COMPANY, INC. 52369 State Road 933 North South Bend, IN 46637 rhaas@midlandengineering.com Quotation was submitted by Mr. Michael W. Frahm, CPA Non -Collusion, Non -Discrimination Affidavit Form was completed QUOTATION: Base Quote $148,200.00 Alternate #1 $13,800.00 Alternate #2 $39,700.00 REGULAR MEETING AUGUST 25, 2020 143 Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above quotation was referred to Community Investment and Engineering for review and recommendation. AWARD BID AND APPROVE CONTRACT — SPEED HUMP INSTALLATION — PROJECT NO. 120-043 (PR-00002148) Ms. Charlotte Brach, Engineering, advised the Board that on August 11, 2020, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Brach recommended that the Board award the contract to the lowest responsive and responsible bidder, Premium Concrete Services, Inc., 712 Richmond St„ Elkhart, IN 46516, in the amount of $210,400. Therefore, Ms. Maradik made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Molnar seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT — VPA PARKING LOT SECURITY GATES (PR-00002135) Mr. Patrick Sherman, Venues, Parks & Arts, advised the Board that on July 28, 2020, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Sherman recommended that the Board award the contract to the lowest responsive and responsible bidder, Custom Fence Company, 2265 Reum Rd., Niles, MI 49120, in the amount of $17,292.11. Therefore, Ms. Maradik made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Molnar seconded the motion, which carried by roll call. APPROVE CHANGE ORDER NO. 1 — SMALL DRAINAGE DESIGN AND REPAIR — SAMPSON AND OVERLOOK — PROJECT NO. 118-063B (PO-0000304) Mr. Gilot advised that Ms. Sue Ellen Doudrick, Engineering, has submitted Change Order No. 1 on behalf of HRP Construction, Inc., 5777 Cleveland Rd., PO Box 266, South Bend, IN 46624, indicating the contract amount be increased by $122,458.91 for a new contract sum, including this Change Order, in the amount of $346,638.91. Mr. Gilot noted this Change Order created a 54% increase, well exceeding the 20% maximum allowed by State law. He stated there was a memo provided that outlined in great detail the differing site conditions and a conflict with utilities He added there was a need to redesign and move the route several hundred feet that created a substantial increase. Attorney McDaniels stated this differing site conditions meets the unforeseeable conditions criteria that allows for an increase exceeding 20% per State law. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — 315 & 319 W. JEFFERSON EXTERIOR RENOVATIONS, DIVISION C — PROJECT NO. 119-064 (PR-0000441) Mr. Gilot advised that Mr. Zach Hurst, Engineering, has submitted Change Order No. 1 on behalf of Walsh & Kelly, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $1,856 for a new contract sum, including this Change Order, in the amount of $47,845. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 5 — HISTORIC LEEPER PARK IMPROVEMENTS BID PACKAGE I — PROJECT NO. 118-010A (PO-0000379) Mr. Gilot advised that Mr. Kyle Silveus, Engineering, has submitted Change Order No. 5 on behalf of Ancon Construction Company, Inc., 2146 Elkhart Rd., Goshen, IN 46526, indicating the contract amount be increased by $27,713 and three hundred and sixteen (316) days, for a new contract sum, including this Change Order, in the amount of $1,412,692.86 and a new completion date of October 1, 2020. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 3 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — AIRPORT ANNEXATION AREA SANITARY SEWER EXTENSION — PROJECT NO. 117- 108 (PR-0000076) Mr. Gilot advised that Mr. Jacob Klosinski, Engineering, has submitted Change Order No. 3 (Final) on behalf of HRP Construction, Inc., 5777 Cleveland Rd., PO Box 266, South Bend, IN 46624, indicating the contract amount be increased by $28,020 for a new contract sum, including this Change Order, of $924,359.52. Also submitted was the Project Completion Affidavit REGULAR MEETING AUGUST 25, 2020 144 indicating this new final cost of $924,359.52. Mr. Gilot noted the total increase on the project exceeds the 20% allowed by State law, with an increase of 20.52%. Ms. Maradik noted there was no memo submitted for the Board's records to justify the excess. Attorney McDaniels stated the Board needs a memo that details the reasons for exceeding the 20% limit that meets the criteria of the State law. She suggested the Board approve the Change Order subject to a clarifying memo. Ms. Kara Boyles, City Engineer, stated she will revisit this, adding there were significant quantity overruns. She stated there were discrepancies between the contractor and the plans and this was originally much larger, but they negotiated it down. She explained there was a significant area that required re -seeding that the City didn't think would need to be done, but it was later determined the area was along multiple private properties and did require re -seeding. Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, Change Order No. 3 (Final) and the Project Completion Affidavit were approved subject to a memo to the file clarifying the increase. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF QUALIFICATIONS — SOUTH BEND PINHOOK WATER TREATMENT PLANT GUARANTEED SAVINGS CONTRACT (PR-00002793) Ms. Alicia Czarnecki, Engineering, requested permission to advertise for the receipt of qualifications for the above referenced project. Therefore, upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the above request was approved. Mr. Gilot asked if there was a coinciding Resolution going to the Common Council for approval. Ms. Kara Boyles, City Engineer, stated it is pending after the quotes are opened and before bringing it back to the Board for the award. ADOPT RESOLUTION NO. 24-2020 — A RESOLUTION OF THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following Resolution to dispose of obsolete Central Services, and Fire and Police Department vehicles and equipment, was adopted by the Board of Public Works: RESOLUTION NO.24-2020 A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS ON DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY WHEREAS, pursuant to Indiana Code § 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 all real and personal property owned by the City of South Bend, Indiana; and WHEREAS, the City, acting by and through the Board, desires to dispose of the personal property that is more particularly described at Exhibit "A" attached hereto and incorporated herein ("Property"); and WHEREAS, in accordance with Indiana Code § 5-22-22-4, the Board may engage an auctioneer to conduct a public auction in order to dispose of the City's surplus personal property if the property to be sold is one (1) item with an estimated total value of $1,000 or more, or is more than one (1) item with an estimated value of $5,000 or less; and WHEREAS, the Board has determined that the Property has an estimated value of more than $5,000, and the Board has further determined that the property is unfit for the purpose for which it was intended, and is no longer needed by the City of South Bend; and NOW, THEREFORE, the Board of Public Works of the City of South Bend hereby finds that the Property listed at Exhibit "A" is no longer needed by the City; the Property is unfit for the purpose for which it was intended, and has an estimated value of $5,000 or less; BE IT RESOLVED that the Property may be transferred or sold at public auction. However, if the Property is deemed to be worthless, such Property may be demolished or junked. ADOPTED this 25TH day of August, 2020. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS REGULAR MEETING AUGUST 25, 2020 145 ATTEST: s/Linda M. Martin, Clerk s/ Gary A. Gilot s/ Elizabeth A. Maradik s/ Therese J. Dorau s/ Jordan V. Gathers s/ Joseph R. Molnar 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 Contribution Indiana Two (2) Agreements Re -Use Water Maradik/Molnar in Aid of Michigan for the Supply and Building Construction Power Co. Installation of $25,792.09; Agreements Electrical Transformers Compressor at Wastewater Building Treatment Plant $42,981.25; Total Buildings $68,773.34 PR-00002584 Contribution Indiana Disconnect and $530.38 Maradik/Molnar in Aid of Michigan Reconnect Electrical (PR-00003227) Construction Power Co. Feed for the Miami Agreements Basin Control Valve Panel Temporary Christopher & Temporary and $5,000 Maradik/Molnar Construction Jennifer Voros Permanent (PR-00002553) Access (Trustees) Construction Access Easement and Installation of Proposed Water Main on Prairie Ave. Temporary AEP Indiana Staging, Equipment, Payment to the Maradik/Molnar Easement Michigan and Occupancy City $10 Transmission Workspace for Company, Inc. Construction of Muessel - Colfax 69kV Line Utility Greenleaf Outlines Conditions for N/A Maradik/Molnar Connection Holdco LLC Installation of a Private Agreement Irrigation Well for Greenleaf Greenhouse Development APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for approval: Applicant Description Date/Time Location Motion Carried DTSB Tree Street Closure for December 4, Century Center to Maradik/Molnar Lighting Special Event 2020; 3:00 Gridiron on Subject to State Ceremony p.m. to 11:00 Washington St. to and Local p.m. SB Chocolate Caf6 COVID Parking Lot regulations DTSB Holiday Street Closure for December 11, Jefferson Maradik/Molnar Light Parade Special Event 2020; 6:00 Blvd./Notre Dame Subject to State p.m. to 8:00 Ave., West on and Local p.m. Jefferson Blvd., COVID North on Niles Ave., regulations East on Washington St. and end at St. REGULAR MEETING AUGUST 25, 2020 146 Louis Blvd. Block Party Street Closure for September 5, Elwood St. from Maradik/Molnar Special Event 2020; 12:00 Meade St. to Kaley Subject to State P.M. to 11:00 St. and Local p.m. COVID regulations September Street Closure for September 4, Michigan St. from Maradik/Molnar First Fridays Special Event 2020; 12:00 Jefferson Blvd. to Subject to State p.m. to 11:30 Wayne St. and Local p.m. COVID regulations Memorial Public Parking Bartlett Parking Maradik/Molnar Hospital of Facility License Garage, 707 N. SB/Beacon Michigan St.; Health System Lafayette Parking Garage, 621 Memorial Dr.; Navarre Parking Garage, 100 Navarre St. Purple Porch Sidewalk Cafe Sunday 11:00 123 N. Hill St. Maradik/Molnar Co -Op Permit a.m. to 6:00 p.m.; Monday to Saturday 8:00 a.m. to 8:00 P.M. APPROVE/DENY 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: Handicapped Accessible Parking Space Sign LOCATIONS: 448 S. Chicago St. 603 Ewing Ave. REMARKS: All Criteria has been met Upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the following traffic control device requests were denied: NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATIONS: 229 E. Broadway St. 2221 Roger St. REMARKS: All Criteria has not been met Ms. Maradik questioned comments submitted by Engineering that Roger Street has two (2) signs already and the limit per Ordinance is two (2) in the same block. Ms. Kara Boyles, City Engineer, confirmed that the ordinance requires only two (2) handicapped signs on a block. Ms. Maradik asked if they confirmed that the two (2) existing signs are still needed. Ms. Boyles stated they can check. She noted however the signs are not owned by the residents. If there are two (2) spots on a street, anybody can park there with a handicapped permit. Attorney McDaniels stated legal can take a look at that ordinance. 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: REGULAR MEETING AUGUST 25, 2020 147 A. Robert Taylor, 30340 Blackhawk Dr., Granger, IN 46530 1. 18418 Forest Glade Dr. — Water/Sewer (Key No.71-04-18-200-137-000-003) B. Christine E. Vojacek, 1620 N. Ironwood Dr., South Bend, IN 46635 1. 52377 Briarcliff Lane— Water/Sewer (Key No. 002-2197-8843) C. Kerry Shane Murphy, 1055 Joliet Dr., Niles, MI 49120 1. 53217 Summer Breeze Dr.— Water/Sewer (Key No. 002-1020-045044) D. Aaron Oshinski, 53463 Quince Rd., South Bend, IN 46628 1. 53487 Quince Rd.— Sewer (Key No. 71-02-26-100-002-000-029) Upon a motion by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the Consents to Annexation and Waivers of Right to Remonstrate were approved as submitted. RATIFY APPROVAL AND/OR RELEASE CONTRACTOR EXCAVATION AND OCCUPANCY BONDS The Division of Engineering Permit Department recommended that the following bonds be ratified pursuant to Resolution 100-2000 and/or released as follows: Business Bond Type Approved/ Released Effective Date Macon Concrete LLC Contractor Bond Approved August 12, 2020 Horizon Construction Group, Inc. Contractor Bond Approved August 6, 2020 Indiana Fiber Network, LLC Contractor Bond Released August 6, 2020 Robert Foegley Landscape Design Contractor Bond Released August 6, 2020 WJW Flatwork, Inc. Contractor Bond Approved August 13, 2020 Macon Concrete LLC Occupancy Bond Approved August 12, 2020 Geyer Construction Company Occupancy Bond Approved August 12, 2020 WJW Flatwork, Inc. Occupancy Bond Approved August 13, 2020 Ms. Maradik made a motion that the bond's approval and/or release as outlined above be ratified. Mr. Molnar seconded the motion, which carried by roll call. 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 accuracy. Name Amount of Claim Date St. Joseph County Housing Consortium $384.75 6/4/2020 South Bend Heritage Foundation $26,997.68 7/31/2020 Oaklawn Psychiatric Center, Inc. $7,316.00 8/5/2020 Oaklawn Psychiatric Center, Inc. $7,316.00 8/5/2020 Oaklawn Psychiatric Center, Inc. $7,327.00 8/5/2020 Oaklawn Psychiatric Center, Inc. $6,862.00 8/5/2020 Oaklawn Psychiatric Center, Inc. $6,910.00 8/5/2020 Oaklawn Psychiatric Center, Inc. $6,891.00 8/5/2020 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. 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 10:03 a.m. REGULAR MEETING AUGUST 25, 2020 148 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: -tZli1d GY tarZrft Linda M. Martin, Clerk