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HomeMy WebLinkAbout04272021 Board of Public Works Meeting:I REGULAR MEETING APRIL 27, 2021 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, April 27, 2021, by Board President Elizabeth A. Maradik. The meeting was streamed live to the public with Board President Elizabeth A. Maradik and Board Members Gary Gilot, Jordan Gathers, and Joseph Molnar present. Murray Miller was not present. Also present was Board Attorney Clara McDaniels. Clerk Anne Fuchs confirmed the presence of the members with a roll call. 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 April 13, 2021, were approved. OPENING OF BIDS — HOWARD STREET AND CORBY BLVD. STREETSCAPE IMPROVEMENTS —PROJECT NO. 120-024 (PR-00008151) 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: 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. BID: $574,000.00 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 ralvarado@Lneth-riley.com Bid was signed by Mr. Ruben Alvarado Non -Collusion, Non -Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. BID: $683,974.00 Upon a motion by Mr. Molnar, seconded by Mr. Gathers, and carried by roll call, the bids were forwarded to Engineering and the Department of Community Investment for review and recommendation. OPENING OF QUOTATIONS — VPA ATHLETIC COURT RENOVATIONS, PHASE II — PROJECT NO. 121-033 (PR-00008729) Ms. Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project, and that although staff had followed all appropriate procurement procedures, no quotes were received. Therefore, the business will go to the open market. OPENING OF QUOTATIONS — 2021 CRACK SEALING — PROJECT NO. 121-020 (PR- 00008875 Ms. Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project, and that although staff had followed all appropriate procurement procedures, no quotes were received. Therefore, the business will go to the open market. OPENING OF QUOTATIONS — 2021 MICROSURFACING — PROJECT NO. 121-035 (PR- 00008831 Ms. Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project, and that although staff had followed all appropriate REGULAR MEETING APRIL 27, 2021 87 procurement procedures, no quotes were received. Therefore, the business will go to the open market. AWARD BID AND APPROVE CONTRACT — 2021 CONTRACTOR PAVING ROUND 1 — PROJECT NO. 121-016 (PR-00007792) Mr. Scott Kreeger, Engineering, advised the Board that on April 13, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Kreeger recommended that the Board award the contract to the lowest responsive and responsible bidder, Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, in the amount of $992,863.43 for Divisions 1 & 2. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above, subject to funding from the 2021 Infrastructure Bond. Mr. Gathers seconded the motion, which carried by roll call. AWARD BID AND APPROVE CONTRACT — 2021 ASPHALT MATERIALS BID — PROJECT NO. 121-026 (PR-00007857) Mr. Scott Kreeger, Engineering, advised the Board that on April 13, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Kreeger recommended that the Board award the contract to the lowest responsive and responsible bidder, Milestone Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614, in the amount of $2,405,875. 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. AWARD BID AND APPROVE CONTRACT — IGNITION PARK EV CHARGING LOT — PROJECT NO. 120-044R (PR-00008459) Mr. Finnan Cavanaugh, Engineering, advised the Board that on April 13, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Cavanaugh recommended that the Board award the contract to the lowest responsive and responsible bidder, Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, in the amount of $398,617.41. 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. AWARD QUOTATION AND APPROVE CONTRACT — MARTIN LUTHER KING JR. CENTER EXTERIOR LIGHTING IMPROVEMENTS (PR-00008527) Ms. Sarah Hull, Venues, Parks & Arts, advised the Board that on April 13, 2021, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Hull recommended that the Board award the contract to the lowest responsive and responsible bidder, Martell Electric, LLC, 4601 Cleveland Rd., South Bend, IN 46628, in the amount of $30,450. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT — MARTIN LUTHER KING JR. CENTER MONUMENT SIGN (PR-00008525) Ms. Sarah Hull, Venues, Parks & Arts, advised the Board that on April 13, 2021, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Hull recommended that the Board award the contract to the lowest responsive and responsible bidder, Burkhart Sign Systems, 1247 Mishawaka Ave., South Bend, IN 46615, in the amount of $33,400. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Gathers seconded the motion, which carried by roll call. APPROVE CHANGE ORDER NO. 1 — CLEVELAND RD./BRICK RD. PAVEMENT IMPROVEMENTS — PROJECT NO. 119-045 (PO-0000469) Ms. Maradik advised that Mr. Zach Hurst, Engineering, has submitted Change Order No. 1 on behalf of Indiana Department of Transportation, LaPorte District, indicating the contract amount be increased by $7,169.76 for a new contract sum, including this Change Order, in the amount of $1,255,644.84. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. REGULAR MEETING APRIL 27, 2021 88 APPROVE CHANGE ORDER NO.2 — O'BRIEN RECREATION RENOVATION — PROJECT NO. 118-091 (PO-0005039) Ms. Maradik advised that Ms. Charlotte Brach, Engineering, has submitted Change Order No. 2 on behalf of R. Yoder Construction, Inc., 27453 County Road 150, Nappanee, IN 46550, indicating the contract amount be increased by $30,390 with an additional seventeen (17) days for a new contract sum, including this Change Order, in the amount of $478,985 with a new completion date of May 31, 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 — OLIVE STREET RECONSTRUCTION, PHASE I — PROJECT NO. 114-064 (RWDA TIF) Ms. Maradik advised that Ms. Leslie Biek, Engineering, has submitted Change Order No. 1 on behalf of Indiana Department of Transportation, LaPorte District, and Milestone Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract be increased by three -hundred sixty-five (365) days for a new contract completion date, including this Change Order, of November 13, 2021. Ms. Maradik noted that this was due to utilities needing to be relocated. 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. 11 — BENDIX DR., LATHROP TO INDIANA TOLL ROAD —PROJECT NO. 114-065 (PO-0005628) Ms. Maradik advised that Mr. Scott Kreeger, Engineering, has submitted Change Order No. 11 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $5,140.10 for the City Amount and $25,700.51 for the INDOT Amount a (20/80 Split) for a new contract sum, including this Change Order, in the amount of $4,219,406.70. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for annrnval Type Business Description Amount/ Motion/ Funding Second Professional Kil Design Plans for Window $23,300 Molnar/Gathers Services Architecture / Replacement and (PR-00008611) Agreement Planning Refreshed Entrance to Sibley Center on Sample APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for approval, subject to compliance with ADA regulations and guidelines. Ms. Maradik noted for the record that Peggs, Dainty Maid, Hideaway, and Purple Porch updated their agreements for ratification with the Board, due to the recent ordinance changes. Their respective applications remain approved as submitted. Ms. Maradik noted that each of the Special Events listed below had been approved by the Special Events committee, but that all Board approvals were subject to compliance with CDC and Local Health guidelines, as well as collaboration with local authorities. Applicant Description Date/Time Location Motion Carried Cafe Navarre Sidewalk Cafe Sunday to 101 N. Michigan St. Roll call Permit- Subject to Saturday 4:00 Following P.M. to 11:00 Recommendations p.m. from Community Investment Peggs of South Ratify Sidewalk Cafe 127 S. Michigan St. Roll call Bend Application — Updated Agreement Dainty Maid Ratify Sidewalk Cafe 231 S. Michigan St. Roll call Co. Application — REGULAR MEETING APRIL 27, 2021 tV Updated Agreement The Hideaway Ratify Sidewalk Cafe 237 Martin Luther Roll call at the LaSalle Application — King Jr. Blvd., Suite Updated Agreement B Purple Porch Ratify Sidewalk Cafe 123 N. Hill St. Roll call Co -Op Application — Updated Agreement Pulse FM Street Closure for June 10-12, Colfax Ave., between Roll call Downtown Special Event 2021; July 8- Martin Luther King Summer Series 10, 2021; Jr. Ave and Michigan August 12-14, St. 2021, 9:00 a.m. to 5:00 p.m. Leeper Park Art Street Closure for June 18-21, Riverside Dr. from Roll call Fair Special Event 2021; 4:00 Michigan St. to N. p.m. to 12:00 Lafayette Blvd. p.m. Bacon Around Street Closure for June 19, S. on Niles to Roll call the Bend 5K Special Event 2021; 8:00 Madison, W. on a.m. to 11:00 Madison to East Race a.m. Bank Trail, N. on East Race Bank crossing Howard to Pokagon St., W. on Pokagon to Hillcrest, S. on Hillcrest to Parkovash, W. on Parkovash to Lafayette, S. on Lafayette to Tonti, E. on Tonti to Hillcrest, N. on Hillcrest to Pokagon, back to East Race Bank Trail to Niles, Dog Park to Niles, S. on Niles to Corby's Irish Pub Fallen Heroes Street Closure for June 27, Portage Ave. to Army Roll call Family Ride Special Event 2021; 8:00 Riders, 122 a.m. to 12:30 Lincolnway E, p.m. Osceola Kids to Parks Street Closure for May 15, Park Lane from Main Roll call Day Special Event 2021; 10:00 St. to Lafayette Blvd., a.m. to 6:00 Lafayette Blvd. from p.m. Riverside Dr. to W. Bartlett St. Hernandez Street Closure for May 15, Phillipa St. from W. Roll call Birthday Party Special Event 2021; 4:00 Western Ave. to P.M. to 9:00 Huron St. p.m. South Bend Street Closure for May 6-9, Leighton Plaza as Roll call Fringe Festival Special Event 2021; 4:00 Stage Location, No p.m. to 11:30 Street Closures p.m. FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST -WEST ALLEY ON WEST SIDE OF LAWRENCE ST., NORTH OF ST. VINCENT ST., RUNNING WEST FROM LAWRENCE ST.. A DISTANCE OF 159.37 FEET +/- TO TERMINATION AT NORTH -SOUTH ALLEY Ms. Maradik indicated that Mike Danch for Patrick O'Brien Enterprises LLC & Peter & Susan Smith, have submitted a request to vacate the above referenced alley. Ms. Maradik advised the REGULAR MEETING APRIL 27, 2021 90 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. Therefore, Mr. Molnar made a motion recommending sending a favorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN 809 & 813 E. INDIANA AVE. Ms. Maradik indicated that Mr. Terry L. Tyler, 813 E. Indiana Ave., South Bend, IN 46613, has 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, who have stated that the request violates two (2) of the I.C. 36-7-3-13 criteria. Ms. Maradik noted that Engineering recommends the property owner contact the Streets department to inquire about maintenance work at the alley. Mr. Molnar suggested that the City could forward the item to the Streets Department, as well. Therefore, Mr. Molnar made a motion recommending submission of an unfavorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried, by roll call. UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN 111 & 115 S. WALNUT ST. Ms. Maradik indicated that Ms. Melva Maefield, I I I S. Walnut St., South Bend, IN 46601, has 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, who have stated that the vacation request violates two (2) of the I.C. 36- 7-3-13 criteria. Ms. Maradik further noted this individual has a garage and parking pad on their property as well as other parking availability near their property. She noted that based on the size of the alley, even if it were to be vacated it would not be suitable for parking or as an additional driveway, as it would not be wide enough. Therefore, Mr. Molnar made a motion recommending submission of an unfavorable recommendation to Common Council for the request for vacation. Mr. Gathers seconded the motion which carried by roll call. Mr. Gilot raised a point of order at this time and requested that future Board Agendas include reference to compliance with the I.C. requirements for both favorable and unfavorable recommendations, to make it clear to the public that all alley vacations are held to the same standards of review under Indiana Law. Board Clerk Anne Fuchs confirmed that she will make this change moving forward. APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE Ms. Maradik 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. Mr. Molnar further added that each of these meets the requirements of the City's new policy: A. Mr. Brian Miller, PO Box 706, Osceola, IN 46561 1. 18419 Donegal Dr. — Water/Sewer (Key No.002-1014-0317) B. Ms. Alexandra M. Tyra, 795 Clyde Ct., SW, Byron Center, MI 49315 1. 20266 Ambleside Dr. — Water/Sewer (Key No. 002-1004-008014) C. Mr. Vincenzo Burnbaca, PO Box 6157, South Bend, IN 46601 1. 53283 Nadine St. — Water/Sewer (Key No. 002-1020-044205) Upon a motion by Mr. Molnar, seconded by Mr. Gathers 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 I Bond Type I Approved/ L Effective Date REGULAR MEETING APRIL 27, 2021 91 Released Beach House, LLC Contractor Approved 04/13/2021 Bender's Construction, Inc. Contractor Approved 04/14/2021 P & S Concrete, LLC Contractor Approved 04/13/2021 Beach House, LLC Occupancy Approved 04/13/2021 Bender's Construction, Inc. Occupancy Approved 04/14/2021 P & S Concrete, LLC Occupancy Approved 04/13/2021 DMTM, Inc. Occupancy Released 04/08/2021 McConnell Excavating, LTD Excavation Released 04/16/2021 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 Ms. Maradik 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-13959, GBLN- 13963 04/08/2021 $606,602.79 City of South Bend Claims GLBN-13913, GBLN- 13914 04/08/2021 $627,641.13 City of South Bend Claims GLBN-14233, GBLN- 14204 04/13/2021 $860,848.09 City of South Bend Claims GLBN-13693 04/19/2021 $152,514.98 City of South Bend Claims GLBN-14700, GBLN- 14701, GBLN-14711 04/19/2021 $1,198,046.81 City of South Bend Claims GLBN-14781, GBLN- 14782 04/19/2021 $625,884.46 City of South Bend Claims GLBN-14776 04/20/2021 $1,222,351.81 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 Mr. Gilot inquired about the Award that was subject to the 2021 Infrastructure Bond financing and when we would know that this funding had been cleared via bond closing. Public Works Director Eric Horvath responded that we should have an answer this morning about the bond closing. Mr. Gilot clarified that we used the correct method. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Ms. Maradik, seconded by Mr. Gathers and carried by roll call, the meeting adjourned at 9:55 a.m. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS a Nry Elizabeth A. Maradik, President Gary A. Gilot, Member Joseph R. Molnar, Member Jordan V. Gathers, Member Murray L. Miller, Member Attest: Anne Fuchs, Clerk