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Home My WebLink About03092021 Board of Public Works Meeting26 REGULAR MEETING MARCH 9, 2021 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, March 9, 2021, by Board President Elizabeth A. Maradik. The meeting was streamed live to the public via Microsoft Teams with Board President Elizabeth A. Maradik and Board Members Gary Gilot, Joseph Molnar, and Jordan Gathers present. Clerk of the Board Anne Fuchs confirmed the presence of the members with a roll call, as well as Board Attorney Clara McDaniels. Ms. Maradik reminded virtual attendees to use the Teams Live Q&A feature and to please include their name for the record. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the minutes of the Regular Meeting of the Board held on February 23, 2021, were approved. OPENING OF BIDS — IGNITION PARK EV CHARGING PARK — PROJECT NO. 120-044 (PR-00006991) 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 bids were opened and publicly read: LARSON-DANIELSON CONSTRUCTION CO., INC. 302 Tyler St. LaPorte, IN 46350 mcdgldconstruction. com Bid was signed by Mr. Timothy Larson Non -Collusion, Non -Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. w Base Bid Note: #35 — Irrigation System Included $335,327.00 Alternate #1 $18,015.20 Alternate #2 $10,407.34 Alternate #3 $52,156.04 Base Bid Plus Alternates *$335,327.00 *Bidder erroneously listed just the base bid and did not add alternate amounts in this "Base Bids plus Alternates" tabulation. MILESTONE CONTRACTORS NORTH, INC. 24358 State Road 23 South Bend, IN 46614 akrueger@.milestonelp.com Bid was signed by Mr. Dustin Hilary Non -Collusion, Non -Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. 0 Base Bid $336,500.00 Alternate #1 $19,840.00 Alternate #2 $7,400.00 Alternate #3 $50,600.00 Base Bid Plus Alternates *$336,500.00 *Bidder erroneously listed just the base bid and did not add alternate amounts in this "Base Bids plus Alternates" tabulation. RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 Jgard@Lneth-rile. Bid was signed by Mr. Ruben Alvarado Non -Collusion, Non -Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. 27 Base Bid $356,710.42 Alternate #1 $13,672.80 Alternate #2 $6,860.92 Alternate #3 $55,275.18 Base Bid Plus Alternates $432,519.32 R. YODER CONSTRUCTION INC. 27453 County Road 150 Nappanee, IN 46550 brad@,aoderconstruction.com Bid was signed by Mr. Brad Yoder Non -Collusion, Non -Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. .m Base Bid $361,658.00 Alternate #1 $14,000.00 Alternate #2 $5,300.00 Alternate #3 $35,200.00 Base Bid Plus Alternates $416,158.00 Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above bids were referred to Engineering for review and recommendation. OPENING OF QUOTATIONS — EL CAMPITO WATER TAP QUOTE — PROJECT NO. 121- 01 E (PR-00007560) Ms. Maradik 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: SELGE CONSTRUCTION CO., INC. 2833 South I ITH St. Niles, MI 49120 aswinehartgsel geconstruction. com Quotation was submitted by Mr. Robert Kuhns Non -Collusion, Non -Discrimination Affidavit Form was completed. QUOTATION: $16,975.00; Alternate #1 $750.00 NIEZGODSKI PLUMBING INC. 232 N. Mayflower Rd. South Bend, IN 46619 niezplum@comcast.net Quotation was submitted by Mr. David Niezgodski Non -Collusion, Non -Discrimination Affidavit Form was completed. QUOTATION: $34,198.00; Alternate #1 $3,540.00 OPENING OF QUOTATIONS — 2021 TRUCKING OF BIOSOLIDS FOR LAND APPLICATION —PROJECT NO. 121-023 (PR-0007482) Ms. Maradik 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: TRUCKS R US, INC. 23300 State Road 23 South Bend, IN 46614 kimj.trucksrus@yahoo.com Quotation was submitted by Casey D. Burger Non -Collusion, Non -Discrimination Affidavit Form was completed. Ten percent (10%) Bid Bond was submitted. QUOTATION: $125.00 Per Truck Per Hour Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above quotations were referred to Engineering for review and recommendation. AWARD BID AND APPROVE CONTRACT — BENDIX ESPORTS ARENA — PROJECT NO. 119-106D (HOTEL MOTEL TAX FUND) Ms. Rebecca Plantz, Engineering, advised the Board that on February 9, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Plantz recommended that the Board award the contract to the lowest responsive and responsible bidder, Nelco Media, Inc., 505 Howard St., San Antonio, TX 78212, in the amount of $397,000. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. APPROVE CHANGE ORDER NO. 1 — WASHINGTON STREET IMPROVEMENTS PROJECT —PROJECT NO. 118-105 (PO-0003046) Ms. Maradik advised that Mr. Kyle Silveus, 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 $42,100 for a new contract sum, including this Change Order, in the amount of $420,000. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 5 — FIRE STATIONS 3 & 6 RENOVATIONS — PROJECT NO. 118-047 (PO-0000208) Ms. Maradik advised that Ms. Alicia Pellegrino, Engineering, has submitted Change Order No. 5 on behalf of Gibson -Lewis, LLC, 1001 W. I11h, St., Mishawaka, IN 46544, indicating the contract amount be decreased by $5,050 for a new contract sum, including this Change Order, in the amount of $1,003,635. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — 2020 COMMUNITY CROSSINGS ROUND 1 — PROJECT NO. 120-012 (PO-0005026) Ms. Maradik advised that Mr. Scott Kreeger, Engineering, has submitted Change Order No. 1 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $275,297.90 for a new contract sum, including this Change Order, in the amount of $1,959,937.90. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 4 — PINHOOK PARK SITE IMPROVEMENTS — PROJECT NO. 118-077A (PO-0001779) Ms. Maradik advised that Ms. Alicia Pellegrino, Engineering, has submitted Change Order No. 4 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased in an amount not to exceed $10,051.59 with an additional sixty (60) days for a new contract sum, including this Change Order, in an amount not to exceed $1,279,053.50 with a new completion date of March 1, 2021. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 — EDISON WELL #4 REFURBISHMENT — WELL CLEANING — PROJECT NO. 120-060 (PO-0006095) Ms. Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted Change Order No. 1 on behalf of Peerless Midwest, Inc., 55860 N. Russell Industrial Pkwy, Mishawaka, IN 46545, indicating the contract amount be increased by $9,617 for a new contract sum, including this Change Order, in the amount of $81,017. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — PINHOOK WATER TREATMENT PLANT EXHAUST FANS — PROJECT NO. 119-003A (PO-0005022) Ms. Maradik advised that Mr. Finnan Cavanaugh, Engineering, has submitted Change Order No. 1 (Final) on behalf of Ideal Consolidated, Inc., 806 W. Sample St., South Bend, IN 46601, indicating the contract amount be decreased by $2,000 for a new contract sum, including this W Change Order, of $25,000. Also submitted was the Project Completion Affidavit indicating this new final cost of $25,000. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2020 COMMUNITY CROSSINGS ROUND 2 — PROJECT NO. 120-059 (PR-00007707) In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2021 CONTRACTOR PAVING ROUND 1 — PROJECT NO. 121-016 (PR-00007792) In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2021 STREET AND SEWER MATERIAL BID — PROJECT NO. 121-018 (PR-00007797) In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — 2021 ASPHALT MATERIALS BID — PROJECT NO. 121-026 (PR-00007857) In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — WATER TREATMENT CHEMICALS 2021-2022 (PR-00007921) In a memorandum to the Board, Ms. Nancy Clay, Utilities -Wastewater, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. ADOPT RESOLUTION NO. 06-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.06-2021 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, SERGEANT HARVEY MILLS retired effective February 12, 2021, from the South Bend Police Department after twenty-seven (27) 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. NDT0763, 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 9TH Day of MARCH, 2021. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar ATTEST: s/Anne Fuchs, Clerk ADOPT RESOLUTION NO. 07-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO.07-2021 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, PATROLMAN FIRST CLASS MICHAEL TUTINO retired effective March 3, 2021, 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. NDT6838, 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 9TH Day of MARCH, 2021. 32 UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY EAST/WEST RUNNING BETWEEN OUR LADY OF THE ROAD AND RINK PRINTING, WITH THE WEST END CONNECTING TO S. MAIN ST. AND THE EAST CONNECTING TO THE NORTH/SOUTH ALLEY Ms. Maradik indicated that Jon Schommer & Rink Printing have submitted a request to vacate the above referenced alley. Ms. Maradik advised the Board is in receipt of unfavorable recommendations concerning this Vacation Petition from Engineering and Community Investment, with both stating it would not meet three of the four criteria of I.C. 36-7-3-13: The vacation would hinder the growth or orderly development of the unit or neighborhood in which it is located or to which it is contiguous. The vacation would make access to the lands of the aggrieved person by means of public way difficult or inconvenient. The vacation would not hinder the public's access to a church, school or other public building or space. The vacation would hinder the use of a public right of way by a neighborhood in which it is located or to which it is contiguous. Gary Gilot interjected a point of order for discussion on the topic, stating that both Rink and Lady of the Road are important corporate citizens who have cited concerns with drug dealing and other illegal activites in this alley. He agrees with the technical answer not to vacate the alley but suggested being responsive to the issue with nuisance abatement and police department involvement in order to assist these institutions. Ms. Maradik added that the Department of Community Investment recommended that improved alley maintenance (clearing and grubbing of overgrowth) could be an effective solution to vagrancy and vandalism concerns. Mr. Molnar added this could be one of the easiest ways to start addressing the issue, removing the areas in which these activities can easily happen out of plain sight. Mr. Gilot suggested other avenues of potential assistance, including the Adopt -A -Block program to help with clean-up. He reiterated the importance of these entities to the community and the need to help. Mr. Molnar moved to submit unfavorable recommendations for the alley vacation request. Mr. Gathers seconded the motion, which carried by roll call. 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 Sargent Electric Company Contractor Released 02/22/2021 7NT Engineering LLC Excavation Approved 02/25/2021 Accudig Excavating LLC Excavation Released 10/11/2020 7NT Engineering LLC Occupancy Approved 02/25/2021 PirTano Construction Co., Inc. Occupancy Approved 04/24/2020 Accudig Excavating LLC Occupancy Released 10/11/2020 Luis Garcia Occupancy Released 09/27/2020 Sargent Electric Company Occupancy Released 02/22/2021 Mr. Molnar made a motion that the bond's approval and/or release as outlined above be ratified. Mr. Gathers seconded the motion, which carried by roll call. RATIFY PREAPPROVED CLAIMS PAYMENTS Mr. Molnar stated the Board received notices of the following preapproved claim payments from the City's Department of Administration and Finance: Name Date Amount of Claim City of South Bend Claims GLBN-11734, GBLN- 11735 02/23/2021 $642,558.01 City of South Bend Claims GLBN-11745 02/23/2021 $1,130,716.22 City of South Bend Claims GLBN-11715 02/23/2021 $389,535.17 City of South Bend Claims GLBN-11858, GBLN- 11866 02/24/2021 $311,083.07 City of South Bend Claims GLBN-11869 03/01/2021 $31,474.74 31 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Joseph R. Molnar ATTEST: s/Anne Fuchs, Clerk 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 Lease ATF Project Approval for South Bend ATF pays City Molnar/Gathers Agreement Disarm Task Police Department to $10,795 for Force Lease Space at 701 W. one (1) year, Sample St. to ATF with renewal option 2021 The Tire City Usage of Tire Rack's N/A Molnar/Gathers Indemnification Rack, Inc. Training Track for Police Agreement Emergency Vehicle Operations Training March 31, 2021 through October 8, 2021 Professional Jones Petrie Topographic Survey for El $1,600 Molnar/Gathers Services Rafinski Campito Water Tap Quote (PR-00007872) Agreement Corporation Amendment No Abonmarche Additional Parcels for Plat $1,800; New Molnar/Gathers 1 to Consultants, Cleanup at Lincoln Way Total $111,400 Professional Inc. West and Charles Martin (PO-0000035) Services Sr. Dr. Agreement APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for approval: Applicant Description Date/Time Location Motion Carried St. Joseph Transient Merchant July 2, 2021 5117 Ironwood Dr. Molnar/Gathers County 4-H to July 10, Fair 2021; Monday to Sunday 8:00 a.m. to 11:00 p.m. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE STREET AT 900 BLOCK OF FRANCES ST., EAST 9.25 FT., OF THE 82.5 FT. WIDE FRANCES ST. ROW RUNNING FROM HOWARD ST. NORTH TO CORBY BLVD. ON THE SOUTH. COVERING APPROXIMATELY 403 FT. Ms. Maradik indicated that Mike Danch with the University of Notre Dame Du Lac, has submitted a request to vacate the above referenced street. Ms. Maradik advised the Board is in receipt of favorable recommendations concerning this Vacation Petition from the Fire Department, Police Department Community Investment, and Engineering who all state the request meets the criteria of I.C. 36-7-3-13. Therefore, Mr. Molnar made a motion recommending approval of the request for vacation. Mr. Gathers seconded the motion which carried by roll call. 33 Name Date Amount of Claim City of South Bend Claims GLBN-11996, GBLN- 11997 03/01/2021 $78,785.34 City of South Bend Claims GLBN-12085, GBLN- 12114 03/02/2021 $1,052,157.22 City of South Bend Claims GLBN-11841, GBLN- 12009 03/02/2021 $501,899.77 City of South Bend Claims GLBN-12035 1 03/02/2021 1 $1,138,309.70 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. Therefore, upon a motion by Mr. Molnar, seconded by Mr. Gathers, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR Ms. Maradik noted that in the Live Q&A section of the chat, there was a message from Jon Schommer of Our Lady of the Road, apologizing for joining late. She asked if he would like to add any further comment at this time, but he did not respond.* *After the meeting adjourned, the live chat continued in which Mr. Schommer and Ms. Maradik arranged a phone call to discuss the issues with the vacation request in greater detail. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Maradik, seconded by Mr. Molnar and carried by roll call, the meeting adjourned at 9:57 a.m. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: Anne Fuchs, Clerk