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Home My WebLink About05252021 Board of Public Works Meeting104 REGULAR MEETING MAY 25, 2021 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, May 25, 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, Joseph Molnar, and Murray Miller present. Clerk Anne Fuchs confirmed the presence of the members with a roll call. Also present was 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 May 11, 2021, were approved. APPROVAL OF REQUEST TO REJECT QUOTATIONS — 2021 CRACK SEALING — PROJECT NO. 121-020 (PR-00008875) In a memorandum to the Board, Mr. Finnan Cavanaugh, Engineering, requested permission to reject all bids for the above referenced project'due to quotes not fulfilling the Good Faith Efforts regarding MWBE requirements. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried, the above request was approved. 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. The following quotations were opened and read: CORNERSTONE CONSTRUCTION GROUP LLC 6525 East 82"d St. Castleton Park, Suite #117 Indianapolis, IN 46250 nick cornerstone-constructiongroup.com Quotation was submitted by Mr. Nick Lunn Non -Collusion, Non -Discrimination Affidavit Form was completed. Form MWBE-2.0 Evidence of Good Faith Efforts was completed. QUOTATION: $229,928.16 ASPHALT RESTORATION SERVICES, LLC PO Box 2484 South Bend, IN 46680 arsllc&comcast.net Quotation was submitted by Mr. Jamie Brown Non -Collusion, Non -Discrimination Affidavit Form was NOT completed. Form MWBE-2.0 Evidence of Good Faith Efforts was completed. QUOTATION: $78,300.00 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. OPENING OF QUOTATIONS — 2021 MICROSURFACING — PROJECT NO. 121-035 (PR- 0008831 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: ASPHALT RESTORATION SERVICES. LLC PO Box 2484 South Bend, IN 46680 arsllc@comcast.net Quotation was submitted by Mr. Jamie Brown Non -Collusion, Non -Discrimination Affidavit Form was NOT completed. Form MWBE-2.0 Evidence of Good Faith Efforts was completed. BASE QUOTE PLUS ALTERNATES 1 and 2: $149,137.50 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 — LINCOLN WAY WEST AND OLIVE STREETSCAPE — PROJECT NO 119-108 (PR-00007313) In a memorandum to the Board, Mr. Finnian Cavanaugh advised that on May 11, 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 an amount not to exceed $1,740,871.20. 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 — 2021 COMMUNITY CROSSINGS PAVING ROUND 1 — PROJECT NO 121-014 (PR-00008071) In a memorandum to the Board, Ms. Leslie Biek, Engineering, advised that on May 11, 2021, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Biek 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 $1,299,800. 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 — PUBLIC WORKS SERVICE CENTER ROOF LEAK PATCHING — PROJECT NO 121-034 (PR-00009024 In a memorandum to the Board, Mr. Zach Hurst, Engineering, advised that on April 20, 2021, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Hurst recommended that the Board award the contract to the lowest responsive and responsible bidder, Midland Engineering Company, 52369 State Road 933 North, South Bend, IN 46637, in an amount not to exceed $39,900. 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 — INSTALLATION OF TEMPORARY SPEED TABLES — Project No 121-042 (PR-00009540) In a memorandum to the Board, Ms. Leslie Biek, Engineering, advised that on May 24, 2021, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Biek recommended that the Board award the contract to the lowest responsive and responsible bidder, Selge Construction, in the amount of $20,000. 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. APPROVAL OF REQUEST TO RESCIND BID AWARD — IGNITION PARK EV CHARGING LOT — PROJECT NO 120-044R (PR-00008459) In a memorandum to the Board, Mr. Finnian Cavanaugh, Engineering, requested permission to rescind the bid award to Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, in the amount of $398,617.41, for the above referenced project due to cancellation of the project by City Administration in order to review the funding sources and explore a broader EV charger plan. 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 REJECT BIDS AND RE -ADVERTISE — SALE OF CITY - OWNED PROPERTY — 429 N. HARRISON AVE. In a memorandum to the Board, Mr. Andrew Netter, Community Investment, requested permission to reject all bids and re -advertise with a minimum bid of $1,750 for the above referenced project because the bids received did not comply with the required specifications. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. 106 APPROVAL OF REQUEST TO REJECT BIDS AND RE -ADVERTISE — MAYFLOWER ROAD & SAMPLE STREET TRAFFIC IMPROVEMENTS — PROJECT NO. 120-052R (PR- 00009454 In a memorandum to the Board, Ms. Leslie Biek, Engineering, requested permission to reject all bids and re -advertise for the above referenced project due to the bids not meeting MWBE Goals and one (1) bid exceeding the budget. Therefore, upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — CLEVELAND WELL #3 & #2 REFURBISHMENTS — WELL CLEANING — PROJECT NO. 118-021 E (PO-0006091) Ms. Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted Change Order No. 1 (Final) on behalf of Peerless Midwest, Inc., 55860 N. Russell Industrial Pkwy., Mishawaka, IN 46545, indicating the contract amount be increased by $474 for a new contract sum, including this Change Order, of $103,174. Also submitted was the Project Completion Affidavit indicating this new final cost of $103,174. 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. APPROVE CHANGE ORDER NO 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT — PINHOOK WELL #4 REFURBISHMENT — WELL CLEANING — PROJECT NO. 120-061 (PO-0006101) Ms. Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted Change Order No. 1 (Final) on behalf of Peerless Midwest, Inc., 55860 N. Russell Industrial Pkwy., Mishawaka, IN 46545, indicating the contract amount be increased by $2,541 for a new contract sum, including this Change Order, of $57,791. Also submitted was the Project Completion Affidavit indicating this new final cost of $57,791. 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. APPROVE PROJECT COMPLETION AFFIDAVIT — SPEED RADAR SIGN INSTALLATION — PROJECT NO 120-064 (PO-0006381) Ms. Maradik advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Michiana Contracting Inc., 7843 Lilac Rd., PO Box 929, Plymouth, IN 46563, for the above referenced project, indicating a final cost of $44,850. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — EDISON WELL #4 REFURBISHMENT — WELL CLEANING — PROJECT NO 120-060 (PO-0006095) Ms. Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted the Project Completion Affidavit on behalf of Peerless Midwest, Inc., 55860 N. Russell Industrial Pkwy., Mishawaka, IN 46545, for the above referenced project, indicating a final cost of $81,017. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT — MAIN AND COLFAX PARKING STRUCTURE REPAIRS —PROJECT NO 115-143BR (BUILDING R&M) Ms. Maradik advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of DC Byers Co./Detroit Inc., 16429 Upton Rd., Suite #3, East Lansing, MI 48823, for the above referenced project, indicating a final cost of $284,950. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Project Completion Affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS - SALE OF CITY -OWNED PROPERTY — 434 S. WARREN ST. In a memorandum to the Board, Mr. Andrew Netter, Community Investment, 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. 107 APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS — THREE (3) MORE OR LESS 2021 OR NEWER UTILITY CREW TRUCKS — SPEC C (PR-00009067 In a memorandum to the Board, Mr. Jeff Hudak, Central Services, 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 AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ Funding Second Local Roads Indiana 2021 Community $1,000,000 Molnar/Gathers & Bridges Department of Crossings Round #1 Grant Matching Matching Transportation 50/50 Cost Share for the Grant Grant Milling and Repaving of (50/50 Split — Agreement City Streets INDOT and Capital Outlay- Infrastructure - Streets and Alleys) Temporary Santos Replacement and Removal N/A Molnar/Gathers Right of Entry Fernandez of Sidewalk at 2501 Agreement Lincoln Way West as part of Streetscape Project No. 119-108 Temporary Bettie Jo Replacement and Removal N/A Molnar/Gathers Right of Entry Williams of Sidewalk at 1037 North Agreement Elmer St. as part of Streetscape Project No. 119-108 APPROVAL OF PERMIT AND LICENSE APPLICATIONS m1 nrp..sented for approval: Applicant Description Date/Time - Location Motion Carried Jennings Street Closure for June 19, Intersection of Molnar/Gathers Family Special Event 2021; 2:00 Arnold St./Grace St. Gathering p.m. to 11:00 to Alley p.m. Laske Block Street Closure for July 24, 2021; Clover St. between Molnar/Gathers Party Special Event 8:00 a.m. to Ruskin St. & 8:00 P.M. Hildreth St. Leonard Block Street Closure for May 30, Brookfield St. Molnar/Gathers Party Special Event 2021; 2:00 between Humbolt St. p.m. to 8:00 and Elwood St. .m. Reese Street Closure for August 7, Freemont St. Molnar/Gathers Celebration of Special Event 2021; 12:00 between Linden Life p.m. to 7:30 Ave. to Kenwood p.m. Ave. 3'd Annual Street Closure for June 26, Maple Lane Reserve Molnar/Gathers Suicide Special Event 2021; 7:30 Center and Awareness a.m. to 1:00 Continuing Through Ruck March p.m. City with "22" Intermittent Crossings St. Joseph Street Closure for June 6, 2021; St. Louis Ave. Molnar/Gathers Grade School Special Event 8:00 a.m. to between LaSalle Field Da 3:00 p.m. Ave. to Colfax Ave. Sunburst Street Closure for August 25, Start in Downtown Molnar/Gathers Special Event 1 2021 7:00 1 South Bend near 1011.1 a.m. to l l:30 Four Winds Field a.m. and Finish inside Notre Dame Stadium Chinese Massage 2614 S. Michigan St. Molnar/Gathers Massage Spa Establishment Renewal Hair Crafters Massage 602 Lincoln Way Molnar/Gathers Establishment East Renewal Massage by Massage 914 Lincoln Way Molnar/Gathers Suzanne Establishment West Renewal New You Oasis Massage 910 E. Ireland Rd. Molnar/Gathers LLC Establishment Renewal Summer Spa Massage 3601 E. Jefferson Molnar/Gathers Massage Establishment Blvd. Renewal Therapeutic Massage 903 E. Jefferson Molnar/Gathers Indulgence Establishment Blvd. Renewal Top Oriental Massage 421 N. Hickory Rd. Molnar/Gathers Massage Establishment Renewal APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — MULTIPLE SIGNS AT EDDY STREET COMMONS Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from KRG Eddy Street Land III, LLC for the purpose of allowing two (2) Gateway Signs, four (4) Existing Directional Signs, up to eight (8) located in right of way and an additional three (3) in Phase II, up to six (6) Advertising Kiosk Signs, one (1) Multi -Tenant Monument Sign to be placed in the right of way at various locations at Eddy Street Commons. There are favorable recommendations for the Gateway and Directional Signs however, the Digital Kiosks Signage was tabled for additional City departments to review and for additional discussion with Kite Realty and the item was set for the next meeting to ensure resolution. Ms. Maradik added that with this being a newer type of sign, more due diligence is required. Tony Halsey of Kite Realty responded at that time in the Live Q&A that he was available and present if there were further questions he could help resolve. The approved 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 Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the Revocable Permit for the Gateway and Directional signage was approved. APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the following traffic control device request was approved: NEW INSTALLATION: Three (3) School Loading Zone Signs 7:30 a.m.-3:30 p.m. M-F LOCATION: Our Lady of Hungary School, 735 W. Calvert St. REMARKS: All Criteria Met 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: 109 A. Mr. Darrell K. Barnett, 52600 Spring Valley Ln., Granger, IN 46530 1. 18092 Erin Ct. — Water/Sewer (Key No.002-1014-027323) B. Mr. Shaun Boyer, 1455 Grinnell St., Granger, IN 46530 1. 18276 Forest Glade Dr. — Water/Sewer (Key No. 002-1014-0325) C. Ms. Antoinette L. Medaglia, 230 W. Catalpa Dr., Suite A, Mishawaka, IN 46545 1. 18483 Fontana Dr. — Water/Sewer (Key No. 002-1014-027417) D. Ms. Laura Heddens, 26429 Edison Rd., South Bend, IN 46628 1. 26429 Edison Rd. — Sewer (Key No. 021-1043-0727) E. Mr. Reid Gawthrop, 56305 Dana Dr., Bristol, IN 46507 1. 26824 S. Marshall Dr. —Sewer (Key No. 021-1038-062620) 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 _+ 4_ D 1l +;ten 1 M-7nnn nnrd/or released as follows: 1A1111GLL ld1AU0.11L w •woviuuvu . - ---- ---- --- - Approved/ Business Bond Type yp Released Effective Date All Terrain Construction & Concrete Contractor Approved 05/04/2021 LLC Alvaro Salazar dba Stone Hard Contractor Approved 05/06/2021 Concrete Richard Atkinson dba Concrete Contractor Approved 05/05/2021 Work Taino Properties LLC Contractor Approved.. 05/07/2021 A & R Septic Co., Inc. Contractor Released 04/30/2021 DSN Ira LLC Contractor Approved 05/13/2021 CTL Engineering, Inc. Excavation Approved 05/03/2021 All Terrain Construction & Concrete Occupancy Approved 05/04/2021 LLC Alvaro Salazar dba Stone Hard Occupancy Approved OS/06/2021 Concrete CTL Engineering, Inc. OccupancyApproved OS/03/2021 Richard Atkinson dba Concrete Occupancy Approved 05/05/2021 Work Rieth-Riley Construction Co., Inc. Occupancy Approved 05/13/2021 Taino Properties LLC Occupancy Approved 05/07/2021 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-15822 05/11/2021 $2,734,914.71 City of South Bend Claims GLBN-16268 05/18/2021 $1,744,070.44 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 Board Member Gary Gilot inquired whether the Digital Advertising Kiosks for the Kite Realty project were in the public right-of-way. Board Members confirmed this is true. Mr. Gilot also confirmed it is both the digital aspect and allowance of advertising in the public right of way that 110 were issues of concern regarding this element of the encroachment request, especially as it relates to setting a precedent. He added that there may be some guidance or technical specs to draw from the Zoning Ordinance; in particular, the Change Rate and Distraction Effect of digital signage may be of use. Mr. Molnar responded that this is correct, there are such limitations in that ordinance, however in the public right-of-way the zoning ordinance does not have any authority. Therefore, further review is needed to see how we may evaluate this request by mirroring the zoning ordinance. Mr. Gilot asked whether it was in the realm of discussion to not have advertising kiosks in the public ROW. Ms. Maradik responded that the staff working with Kite Realty could address that, but that the current request is to replace existing signage that is currently in the ROW. Director of Public Works Eric Horvath responded that it is the department's preference not to have signs in the public ROW that do not have a public purpose. Mr. Gilot confirmed this is the long-standing policy of the City. 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 9:57am. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member N Joseph R. Molnar, Member Jordan V. Gathers, Member ;7/2w .. 7n�-� Murray L. Miller, Member Attest: Anne Fuchs, Clerk