HomeMy WebLinkAbout09142021 Board of Public Works Meeting167
REGULAR MEETING
SEPTEMBER 14.2021
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday,
September 14, 2021, by Board President Elizabeth A. Maradik in the 13th Floor Conference
Room of the County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. The meeting
was also streamed live to the public via Microsoft Teams. Board Clerk Anne Fuchs confirmed
the presence of Board Members Elizabeth A. Maradik, Gary Gilot, Jordan Gathers, Joseph
Molnar, Murray Miller, and Board Attorney Clara McDaniels, with a roll call. Mr. Molnar and
Attorney McDaniels attended virtually. Ms. Maradik reminded virtual attendees to mute their
microphones and turn off their cameras when not speaking, and to save their questions and
comments for the Privilege of the Floor.
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 August 24, 2021, were approved.
OPENING OF QUOTATIONS — CSO 18 BACKWATER VALVE REPLACEMENT —
PROJECT NO. 120-017 (PR-00010974)
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:
HRP CONSTRUCTION INC.
5777 Cleveland Rd., PO Box 266
South Bend, IN 46624-0266
cindyvkhrpconstruction.com; mattcghMconstruction.com
Quotation was submitted by Mr. Matthew D. Cain
Non -Collusion, Non -Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Form MWBE-2.0 Evidence of Good Faith Efforts was completed.
QUOTATION: $148,000.00
SELGE CONSTRUCTION CO., INC.
2833 South I ITH St.
Niles, MI 49120
aswinehart(�i), sel geconstruction. com
Bid was signed by Mr. Justin Butler
Non -Collusion, Non -Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Form MWBE-2.0 Evidence of Good Faith Efforts was completed.
QUOTATION: $124,980.00
GRAND RIVER CONSTRUCTION, INC.
5025 40th. Ave.
Hudsonville, MI 49426
RParchetaggrandriverconstruction. com
Quotation was submitted by Mr. Richard Parcheta
Non -Collusion, Non -Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Form MWBE-2.0 Evidence of Good Faith Efforts was completed.
QUOTATION: $164,500.00
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 SPEED RADAR SIGN INSTALLATION — PROJECT
NO. 121-062 (PR-00011636)
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:
REGULAR MEETING SEPTEMBER 14, 2021 168
MICHIANA CONTRACTING INC.
7843 Lilac Rd., PO Box 929
Plymouth, IN 46563
Kirkpatrickgmichianacontracting com
Quotation was submitted by Mr. Scott Kirkpatrick
Non -Collusion, Non -Discrimination Affidavit Form was completed.
QUOTATION: $39,300.00
MARTELL ELECTRIC LLC
4601 Cleveland Rd.
South Bend, IN 46628
awest(a)martellelectric.com; dconnors(kmartellelectric.com
Quotation was submitted by Ms. Jennifer Matell
Non -Collusion, Non -Discrimination Affidavit Form was completed.
QUOTATION: $31,512.00
Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above
quotations were referred to Public Works for review and recommendation.
OPENING OF PROPOSALS — OLIVE ST. PAVEMENT RECONSTRUCTION, PHASE II —
PROJECT NO. 114-064 (RIVER WEST TIF)
Ms. Maradik advised that this was the date set for the receiving and opening of sealed proposals
for the above referenced project. Ms. Maradik stated the proposals will be reviewed and scored
based on a matrix system, by a team made up of City representatives. She read the names of the
following companies submitting proposals:
DLZ INDIANA, LLC
2211 E. Jefferson Blvd.
South Bend, IN 46615
abrownkdlz. com
HWC ENGINEERING
135 N. Pennsylvania St., Suite 2800
Indianapolis, IN 46204
kstrattman(a),hwcen ing eering com
USI CONSULTANTS, INC.
8415 E. 56TH St.
Indianapolis, IN 46216
khoffinan(cr�,usiconsultants.com
AMERICAN STRUCTUREPOINT INC.
9025 River Rd., Suite 200
Indianapolis, IN 46240
AaRector(a), structurepoint. com
Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above
proposals were referred to Engineering for review and recommendation.
AWARD QUOTATION AND APPROVE CONTRACT — EL CAMPITO FENCING —
PROJECT NO. 121-043 (PR-00010211)
Mr. Finnian Cavanaugh, Engineering, advised the Board that on August 24, 2021, quotations
were received and opened for the above referenced project. After reviewing those quotations,
Mr. Cavanaugh recommended that the Board award the contract to the lowest responsive and
responsible quoter, Custom Fence Company, 2265 Reum Rd., Niles, MI 49120, in an amount not
to exceed $23,994. 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.
REGULAR MEETING SEPTEMBER 14, 2021 169
APPROVE CHANGE ORDER NO. 1 — TEMPORARY SPEED HUMP INSTALLATION -
THOMAS ST. AND PEASHWAY ST. — PROJECT NO. 121-044 (PO-0010273)
Ms. Maradik advised that Ms. Charlotte Brach, Engineering, submitted Change Order No. 1 on
behalf of Selge Construction Co., Inc., 2833 S. 1 Ith. St., Niles, MI 49120, indicating the contract
amount be increased by $5,453.30 with an additional ten (10) days for a new contract sum,
including this Change Order, in the amount of $42,303.30 with a new completion date of
September 10, 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. 12 — BENDIX DR., LATHROP TO INDIANA TOLL
ROAD —PROJECT NO. 114-065 (PO-0005628)
Ms. Maradik advised that Mr. Scott Kreeger, Engineering, submitted Change Order No. 12 on
behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614,
indicating the contract amount be increased by $1,920.95 for the City Amount and $9,604.74 for
the INDOT Amount a (20/80 Split) for a new contract sum, including this Change Order, in the
amount of $4,229,011.44. 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. 3 — SEITZ PARK RECONSTRUCTION - PHASE I —
PROJECT NO. 117-093A (PO-0006342)
Ms. Maradik advised that Ms. Sue Ellen Doudrick, Engineering, submitted Change Order No. 3
on behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Dr., South Bend, IN 46628,
indicating the contract amount be increased by $245,458 for a new contract sum, including this
Change Order, in the amount of $7,392,707.78. 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
— 2020 COMMUNITY CROSSINGS ROUND 2 (DIV. 1 & 2) — PROJECT NO. 120-059 (PO-
0009041)
Ms. Maradik advised that Mr. Scott Kreeger, Engineering, submitted Change Order No. 1
(Final) on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN
46614, indicating the contract amount be decreased by $29,239.23 for a new contract sum,
including this Change Order, of $253,103.97. Also submitted was the Project Completion
Affidavit indicating this new final cost of $253,103.97. 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 — EAGLE WAY SEWER EXTENSION —
PROJECT NO. 119-095 (RWDA TIF)
Ms. Maradik advised that Mr. Toy Villa, Engineering, 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 $253,704.23. 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 — ONE (1)0
MORE, 2021 OR NEWER, TRACK DRIVEN TROMMEL SCREEN — SPEC E (PR-00011389)
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.
ADOPT RESOLUTION NO. 30-2021 — 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:
REGULAR MEETING SEPTEMBER 14, 2021 170
RESOLUTION NO.30-2021
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 MARK WALSH retired effective August 31, 2021, from the
South Bend Police Department after twenty-five (25) 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. NDT6846, a Smith and Wesson M&P 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 14TH Day of SEPTEMBER, 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
s/ Murray L. Miller
ATTEST:
s/Anne Fuchs, Clerk
ADOPT RESOLUTION NO. 31-2021 — A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS APPROVING THE DONATION OF POLICE
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.31-2021
A RESOLUTION OF THE SOUTH BEND INDIANA BOARD OF PUBLIC WORKS
APPROVING THE DONATION OF POLICE PROPERTY
WHEREAS, the City of South Bend, Indiana Board of Public Works (the "Works
Board") has exclusive control over personal property held by the South Bend Police Department
(the "SBPD") pursuant to Ind. Code § 36-9-6-1; 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 or which is unfit for the purpose for which it was
intended; and
REGULAR MEETING SEPTEMBER 14, 2021 171
WHEREAS, the SBPD possesses certain property, namely: used One Hundred Fifty
(150) RFID Badges which have been retired from use; and
WHEREAS, Aaron M. Knepper, an employee of SBPD, has made known to the SBPD
the significant need for police and emergency services equipment for use by a smaller emergency
response department for the provision of emergency services; and
WHEREAS, the SBPD wishes to gift, under the supervision of and with the assistance of
the St. Joseph County Communications Center (PSAP), to such smaller emergency response
departments (the "Donees") all of which service areas located in the City of South Bend; and
WHEREAS, I.C. § 5-22-22-8 states that personal property may be deemed worthless if
the sale or transportation of such personal property would cost more than its value and allows for
the disposition of such personal property at the discretion of the City; and
WHEREAS, City staff has determined that the cost of discarding the property would be
more than its value.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS AS FOLLOWS:
1. The Works Board hereby approves the donation and transfer of the one hundred
fifty (150) RFID Badges from the SBPD to the Donees and authorizes staff of the SBPD to work
with the PSAP to carry out any and all actions necessary to facilitate the transfer.
2. This Resolution will be in full force and effect upon its adoption by the Works
ADOPTED at a regular meeting of the City of South Bend, Indiana Board of Public
Works held on September 14, 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
s/ Murray L. Miller
ATTEST:
s/Anne Fuchs, Clerk
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for
annroval:
Type
Business
Description
Amount/
Motion/
Funding
Second
Private Sewer
James E. and
Service and Connection
N/A
Molnar/Gathers
Lateral and
Karen K. Burke
Terms for Sanitary Sewer
Water Service
Lateral and Water Service
Agreement
Line at 51756 N.
Ironwood Road
Amendment
Forum
Additional Construction
NTE $3,290,
Molnar/Gathers
No. 3 to
Architects, LLC
Administration for
Adjusted
Owner-
O'Brien Recreation
Agreement
Engineer
Renovation
Total
Agreement
$40,998.31
PO-0000078
Amendment
Norfolk-
Additional Design
$25,790;
Molnar/Gathers
No. 1 to
Southern
Services due to Railroad
$20,000
Preliminary
Railway
Signal Relocation for
Reimbursed
REGULAR MEETING SEPTEMBER 14, 2021 172
Engineering
Company
Olive St. Reconstruction,
from Federal
Services
Phase II, Project No. 114-
Funds
Agreement
064
PO-0004360
Shared
Bird Rides, Inc.
Shared Mobility Program
N/A
Molnar/Gathers
Mobility
to Operate E-Scooters and
Device
E-Assist Pedal Bikes
Operator
Agreement*
Professional
Jones Petrie
Services Related to 2021
NTE $30,000
Molnar/Gathers
Services
Rafinski
Downtown South Bend
(PR-00011774)
Agreement
Corporation
Fagade Grant Winners
Amendment
Shakespeare
Additional Services to
NTE $22,570
Molnar/Gathers
No. 1 to
Lighting
Commission, Program,
(PO-0003716)
Shakespeare
Design, LLC
and Audit the River Lights
Lighting
Design, LLC.
Agreement
*The Board approved the Bird Shared Mobility Device Operator Agreement subject to
clarification of indemnification language with the City's Legal Department.
APPROVAL OF PERMIT AND LICENSE APPLICATIONS
The followinU hermit and license applications were presented for approval:
Applicant
Description
Date/Time
Location
Motion
Carried
Ratify Best
Street Closure for
September
E. Jefferson Blvd.
Molnar/Gathers
Fireworks Ever
Special Event
10, 2021;
Bridge from E
12:00 p.m. to
Wayne St. to Niles
12:00 a.m.
Ave.
Girls on the
Street Closure for
May 21,
Potawatomi Park to
Molnar/Gathers
Run
Special Event
2022: 9:00
E. Jefferson Blvd., S
a.m. to 1:00
Ironwood Dr., Wall
p.m.
St. to Twyckenham
Dr.
Scholarship
Street Closure for
September
Intermittent
Molnar/Gathers
Walk-A-Thon
Special Event —
18, 2021;
Crossings at
Sidewalks Only -
10:00 a.m. to
Intersections
No Road Closures
12:00 p.m.
Spirited
Sidewalk Cafe
4:00 p.m. to
130 S. Michigan St.
Molnar/Gathers
Permits - Subject to
12:00 a.m.,
Proper ADA
Tuesday -
Clearance from
Saturday
Obstructions Per
Ordinance Criteria
(Sec. 18-15)
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 requests were approved:
NEW INSTALLATION: Two (2) 15-Minute Loading Zone Signs
LOCATIONS: N. Michigan St. (1)
W. Colfax Ave. (1)
Relocate (1) Existing 2-Hour Parking Sign Behind
NEW INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATIONS: 2114 S. Taylor St.
1013 E. Fox St.
2216 Leer St.
REMARKS: Criteria Met
REGULAR MEETING SEPTEMBER 14, 2021 173
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:
A. Mr. Brian Miller, PO Box 706, Osceola, IN 46561
1. 18135 Cloverleaf Dr. — Water/Sewer (Key No.002-1015-030556)
B. Mr. Brian Miller, PO Box 706, Osceola, IN 46561
1. 52087 Cloverleaf Dr. — Water/Sewer (Key No. 002-1015-030548)
C. Mr. Amir Pouya, 1035 E. University Dr., Granger, IN 46530
1. 53230 Nadine St. — Water/Sewer (Key No. 002-1158-7469)
D. Mr. Timothy R. Collins, 17660 State Road 23, South Bend, IN 46635
1. 17660 State Road 23 —Water (Key No. 002-2118-579801)
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.
APPROVE RENEWAL OF WASTEWATER DISCHARGE PERMIT(S)
In a Memorandum to the Board, Serena Lozano -Shane, Division of Wastewater, submitted the
following Wastewater Discharge Permit(s) for renewal and recommended approval:
Honeywell International, Inc., 3502 Westmoor St.
Mr. Gilot thanked the City staff for responding to his questions and comments prior to the
meeting and clarifying items he wished to have addressed. There being no further discussion,
upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the
renewal of the permits was approved.
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
Beer and Slabau h Inc.
Contractor
Approved
08/20/2021
Justins Septic & Excavating LLC
Contractor
Approved
09/01/2021
Lulo B Concrete LLC
Contractor
Approved
08/26/2021
Martinez Sons Construction LLC
Contractor
Approved
08/19/2021
Veronica Garcilazo
Contractor
Approved
08/23/2021
Beer and Slabau h Inc.
Occupancy
Approved
08/20/2021
Justins Septic & Excavating LLC
Occupancy
Approved
09/01/2021
Lulo B Concrete LLC
Occupancy
Approved
08/24/2021
Martinez Sons Construction LLC
Occupancy
Approved
08/19/2021
Veronica Garcilazo
Occupancy
Approved
08/23/2021
Bradley Company LLC
Occupancy
Released
10/02/2021
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 GBLN-21926, GBLN-
08/23/2021
$640,114.06
21927
City of South Bend Claims GBLN-21710, GBLN-
08/23/2021
$421,521.07
21842, GBLN-21869
REGULAR MEETING SEPTEMBER 14, 2021 174
Name
Date
Amount of Claim
City of South Bend Claims GBLN-21956
08/24/2021
$1,791,151.07
City of South Bend Claims GBLN-21961, GBLN-
08/30/2021
$855,184.53
21984, GBLN-22029
City of South Bend Claims GBLN-22163, GBLN-
08/31/2021
$108,191.45
22168, GBLN-22169
City of South Bend Claims GBLN-22060, GBLN-
08/31/2021
$455,325
22187
City of South Bend Claims GBLN-22183, GBLN-
08/31/2021
$1,989,081.06
22188, GBLN-22222
City of South Bend Claims GBLN-22488, GBLN-
09/09/2021
$1,591,146.65
22492, GBLN-22493
City of South Bend Claims GBLN-20579, GBLN-
09/09/2021
$129,970.92
22411
City of South Bend Claims GBLN-22537, GBLN-
09/09/2021
$1,487,926.71
22625
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
Miguel Torres-Monzon, Grand River Construction Company, requested a re -read of the
quotes opened for CSO 18 BACKWATER VALVE REPLACEMENT — Project No. 120-017
(PR-00010974). Mr. Gilot read the quotations back to Mr. Torres-Monzon.
ADJOURNMENT
There being no further business to come before the Board, Ms. Maradik adjourned the meeting at
9:52 a.m.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Joseph R. Molnar, Member
Jordan V. Gathers, Member
7'7'� 4 mom,
Murray L. Miller, Member
Attest: Anne Fuchs, Clerk
Date: September 28, 2021