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HomeMy WebLinkAbout01252022 Board of Public Works MeetingAGENDA REVIEW SESSION JANUARY 20, 2022 6 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on Thursday, January 20, 2022, by Board President Elizabeth A. Maradik (virtual), with Board Members Gary Gilot, Jordan Gathers, Joseph Molnar, Murray Miller, and Board Attorney Clara McDaniels (virtual) present. Acting Board of Public Works Clerk, Laura Hensley, presented the Board with a proposed agenda of items presented by the public and by City Staff. Ms. Maradik reviewed the purpose of these meetings. She noted for the record that the agenda session is an informal meeting where staff can present agenda items that have differing or extenuating circumstances, so that the Board is briefed ahead of the regular meeting, and if it is a standard item, staff does not need to present. Also, if Board members should have questions on specific items, the items can be addressed. Ms. Maradik asked that if anyone would like to speak, they use the Teams chat function and they need to specify which item they would like to speak about. Board members discussed the following items from the agenda. Election of 2022 Board of Works President Board member Gary Gilot asked if Ms. Maradik would still be the Board President in 2022 and if the Board could elect to have an official Vice President for when Ms. Maradik is absent from meetings. The Director of Public Works, Eric Horvath, added that it is not atypical to have a Vice President to fill in from time to time. Ms. Maradik asked if this was required of the Board and Attorney McDaniels stated that the Board is not required to have a Vice President roll, but it is also not unusual to have another Board member available to cover or assist leading meetings in times of need. Attorney McDaniels advised the Board that should they want someone to lead during the President’s absences, the Board should agree to make it official, and the nomination and appointment of a Vice President should take place at a regular meeting. Attorney McDaniels requested to add this item to the January 25, 2022 meeting and have the agenda adjusted accordingly. Open Market Contract Mr. Zach Hurst of Public Works Engineering wanted to present clarification on his Open Market Contract for the Coveleski Stadium Lights project. This was an item that did not receive bids at the January 11, 2022 meeting. Engineering reached out to All Purpose Erectors, Inc., and Navarre Services. He stated the Navarre Services was not able to respond quickly enough to meet the time frame of an April completion date based on new MLB rules for lighting of the field. All Purpose Erectors, Inc. was able to do the work, meet the MWBE goals and the deadline. Mr. Eric Horvath asked if this bid was originally a bid total of $150,000. Mr. Hurst replied to Mr. Horvath saying that after Engineering quoted the project, two (2) extra poles were added in the outfield, going from eight (8) to ten (10) light polls and that was the difference in cost for the new bid. Board member Murray Miller asked if the City was paying for the difference in costs. Mr. Hurst advised that he would need to refer back on that. Board member Joseph Molnar asked if the cost comes from the revenue the City receives from the professional sports account and Mr. Hurst confirmed that was the case. Mr. Horvath asked Mr. Hurst if he knows where the other increases came from, and if only two polls were added, why did it double the bid price. Mr. Hurst indicated that contractors are still working with the same time frame Public Works originally quoted due to the lights having to be active at home games come the start of the season this coming Spring. For clarification, Mr. Gilot asked if Mr. Hurst was suggesting that the additional cost was partially due to a premium for the acceleration of the contract to which Mr. Hurst stated he would need to confirm that as well as the two (2) extra poles being the main reason for the change in prices. Mr. Hurst stated there was a special purchase last year through VPA for the lights themselves, but the two (2) extra poles would not have been accounted for at that time. Mr. Miller asked if the company who was originally awarded the quote was going to be doing all the work themselves to which Mr. Hurst advised that All Purpose Erectors, Inc. did not meet their MWBE goals when it was awarded the bid in October of 2021, but informed the board that All Purpose Erectors, Inc. has since met their MWBE goals which can add to the cost of a project. Mr. Horvath asked if on their 2.0 MWBE form they met both the M & W goal and later said they couldn’t meet the M portion of the MWBE goal. Mr. Hurst stated All Purpose Erectors, Inc. originally had turned in the quote and did not have a final confirmation so they listed a range of potential dollar amounts to which they could have met; however, they could not get a final confirmation from their subcontractor. Ms. Maradik thanked Zach for the update. Before moving on to the next topic, Mr. Horvath brought to the Board’s attention a math error which suggested REGULAR MEETING JANUARY 25, 2022 7 that All Purpose Erectors Inc. does not actually meet the MWBE requirement. Mr. Hurst stated he would confirm with Patrick Sherman with Venue Arts and Parks. Studebaker Fountain Water Improvements Mr. Molnar asked if the Board was expecting quotes to come in for the Studebaker Fountain Water Improvements project within a reasonable timeline. Mr. Molnar recalled there was a funding issue with the City and the nonprofit that provided most of the funding the first time. Acting Clerk Hensley stated that the project was not yet in her DFO queue, and if the project was not in her queue by Friday, January 21, the item would need to be removed from the agenda for the upcoming regular meeting. Opening of Bids – 2021 Community Crossings Paving, Round II Mr. Gilot asked if the year 2021 was correct on the Community Crossings Paving, Round II heading. Mr. Horvath clarified that 2021 was correct. The award for Round I was completed and there was still money in the budget for Round II. City Engineer Kara Boyles stated that the funding from 2021 would carry over to complete the project in 2022. Property Ownership of McCormick Mr. Molnar asked if the Board could address an ownership issue not listed on the agenda before the meeting’s adjournment. He informed the Board that McCormick & Co. Inc. (3425 Lathrop St., South Bend, IN 46628) filed for a building permit only to find that the actual property owner is the City of South Bend Board of Public Works. Mr. Molnar stated DCI could not find the purchase agreement; however, they do have the Resolution that the Council authorized back in the 1970s. After legal investigated the situation, it appeared the cause of confusion was a bond issue. Once the bond was paid off, the City should have transferred the property to McCormick & Co. Inc. as they have been paying the property taxes ever since the bond was paid off. Mr. Molnar continued to say that McCormick needs to proceed with construction on the building and urgently need direction as to how to proceed and for the Board to take action to approve the building plans they submitted. Seeking clarification, Attorney McDaniels questioned what the Board action needs to be. Mr. Molnar said they felt McCormick needs action from the Board saying that the Board is okay with them filing for building permits and altering the building prior to the property ownership being legally theirs. Mr. Molnar continued with noting that building permits require owners to sign off on the paperwork which would be South Bend BPW in this case. Attorney McDaniels stated that it sounds like there needs to be a statement saying South Bend BPW has no objections to them moving forward with the building permits. Mr. Molnar stated there was potentially another party involved, but the City was researching records. Ms. Maradik stated prior to taking any action, the Board and the City’s legal team needed to make sure the City is comfortable with the transfer situation and the legality of it all since the situation could be more complex than what is known so far. Ms. Boyles stated there is sewer and water running parallel throughout the property and the transfer would have to identify the easements. Mr. Gilot suggested if they are going to start building prior to the transfer of property, they may need a blanket construction easement. Ms. Maradik stated she would defer to legal prior to the transfer. PRIVILEGE OF THE FLOOR There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 10:53 a.m. February 8, 2022 REGULAR MEETING JANUARY 25, 2022 8 REGULAR MEETING JANUARY 25, 2022 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, January 25, 2022, 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. Acting Board Clerk Laura Hensley confirmed the presence of Board Members Elizabeth A. Maradik, Gary Gilot (virtual), Joseph Molnar, Murray Miller, and Board Attorney Clara McDaniels (virtual), with a roll call. 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. Miller and carried by roll call, the minutes the Regular Meeting of the Board held on January 11, 2022, were approved. ELECTION OF 2022 BOARD OF WORKS PRESIDENT Mr. Molnar made a motion to nominate Ms. Maradik to continue to serve as President of the Board for 2022. Therefore, Mr. Molnar made a motion that the recommendation be accepted. Mr. Miller seconded the motion, which carried by roll call. Ms. Maradik noted that the Board had discussed the benefits of having a Vice President for the Board to serve in her absence. Ms. Maradik made a motion to nominate Mr. Molnar to serve as Vice President of the Board for 2022. Mr. Miller seconded the motion, which then carried by roll call. OPENING OF BIDS – 2021 COMMUNITY CROSSINGS PAVING, ROUND II – PROJECT NO. 121-052 (PR-00013986) 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. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. One of One Addendum(s) Acknowledgement received. BID: Division 1: Kemble Ave. from Bruce to Ewing $242,500.00 Division 2: Bowman St. from Michigan St. to Fellows St. $147,500.00 Division 3: Fairway St. from Lombardy Dr. to Sample St. $146,000.00 Division 4: Inglewood Pl. from Woodlawn Blvd. to Alley $89,000.00 Division 5: Inglewood Pl. from Alley to Rose St. $84,700.00 Division 6: Johnson Rd. from Fellow St. to Miami St. $181,500.00 Division 7: O’Brien St. from Vassar Ave. to Elwood Ave. $167,600.00 Division 8: O’Brien St. from Alley to Werwinski St. $27,200.00 Division 9: Phillipa St. from Hillside Ave. to Indiana Ave. $135,900.00 Division 10: Tutt St. from Michigan to Fellows $110,100.00 Total for Divisions 1-10 $1,332,000.00 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 ralvarado@rieth-riley.com Bid was signed by Mr. Ruben Alvarado Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. One of One Addendum(s) Acknowledgement received. REGULAR MEETING JANUARY 25, 2022 9 BID: Division 1: Kemble Ave. from Bruce to Ewing $221,798.02 Division 2: Bowman St. from Michigan St. to Fellows St. $141,490.03 Division 3: Fairway St. from Lombardy Dr. to Sample St. $138,643.58 Division 4: Inglewood Pl. from Woodlawn Blvd. to Alley $75,611.55 Division 5: Inglewood Pl. from Alley to Rose St. $85,006.50 Division 6: Johnson Rd. from Fellow St. to Miami St. $188,396.80 Division 7: O’Brien St. from Vassar Ave. to Elwood Ave. $163,333.40 Division 8: O’Brien St. from Alley to Werwinski St. $16,911.00 Division 9: Phillipa St. from Hillside Ave. to Indiana Ave. $133,637.65 Division 10: Tutt St. from Michigan to Fellows $106,895.87 Total for Divisions 1-10 $1,271,724.40 BUILDERS EXCHANGE OF MICHIGAN Email inquiry was submitted by Josh Nguyen It was stated that three (3) bids were submitted, however, Board Attorney McDaniels noted that only two (2) bids were submitted as the third email in the submission queue was an email inquiry, not a bid. Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Engineering for review and recommendation. OPENING OF QUOTATIONS – STUDEBAKER FOUNTAIN WATER IMPROVEMENTS – PROJECT NO. 121-032 (PR-00014464) 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: CULLIGAN WATER 56861 Ferrettie Ct. Mishawaka, IN 46545 jmurphy@heywaterman.com Quotation was submitted by Mr. John Murphy Non-Collusion, Non-Discrimination Affidavit Form was NOT included. Three (3) Forms MWBE-1.0, 2.0, 2.1 were NOT included. QUOTATION: $16,249.00 for Equipment Only, Installation not Included Board member Jordan Gathers arrived for the opening of quotations. During the quotation opening, Mr. Molnar clarified that the quote received from Culligan was only a quote for water softeners and equipment and did not quote installation costs. Installation would be provided by awarded mechanical contractor. Ms. McDaniels stated that installation was optional. Mr. Miller asked if the Board should be expecting another quote in the future for installation costs for the project. Engineer Sarah Beam informed the Board that the project had requested quotes be submitted with estimates for both equipment and the installation costs and didn’t see a quote that would meet that. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried by roll call, the above quotations were referred to Engineering, DCI, and Venues Parks & Arts for review and recommendation. AWARD BID AND APPROVE CONTRACT – DUCTILE IRON PIPES, VALVES AND HYDRANTS – PROJECT NO. 122-023 (PR-00013912) Ms. Leslie Biek, Engineering, advised the Board that on January 11, 2022, 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, Ferguson Waterworks, 1077 Olive Plow Ct., South Bend, IN 46601, in the amount of Per Unit Pricing. 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 (FINAL) AND PROJECT COMPLETION AFFIDAVIT –2021 COMMUNITY CROSSINGS PAVING, ROUND I – PROJECT NO. 121-014 (PO-0009635) REGULAR MEETING JANUARY 25, 2022 10 Ms. Maradik advised that Ms. Leslie Biek, Engineering, has submitted Change Order No. 1 (Final) on behalf of Milestone Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be decreased by $25,395.68 for a new contract sum, including this Change Order, of $1,274,404.32. Also submitted was the Project Completion Affidavit indicating this new final cost of $1,274,404.32. 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 TITLE SHEET– FOUR WINDS CASINO RESORT EXTENSION – PROJECT NO. DP 19-81 (PRIVATELY FUNDED) Ms. Sue Ellen Doudrick, Engineering, advised that the Title Sheet for the above referenced project was being presented at this time for execution. Ms. Maradik noted that this was a privately funded project. Upon a motion made by Mr. Molnar, seconded by Mr. Gathers and carried, the above referenced Title Sheet was approved and signed. ADOPT RESOLUTION NO. 01-2022 – 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. 01-2022 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, LIEUTENANT KRIS HINTON retired effective January 8th, 2022, from the South Bend Police Department after twenty-three (23) 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. NDT0148, 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 25TH Day of JANUARY, 2022. 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/Laura Hensley, Acting Clerk APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following Agreements/Contracts/Proposals/Addenda were submitted to the Board for approval: Type Business Description Amount/ Funding Motion/ Second Permanent DEV H12, LLC Sanitary Sewer Extension N/A Molnar/Gathers REGULAR MEETING JANUARY 25, 2022 11 Municipal Sanitary Sewer Easement for New Drive and Shine on State Road 23, Project No. DP20-041 Open Market Contract All Purpose Erectors, Inc. Installation of Coveleski Stadium Field Lighting $298,000 (PR-00012574) *Molnar/Gathers Professional Services Agreement Christopher B. Burke Engineering, LLC Approve On-Call National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Program Assistance $35,000 (PR-00014481) Molnar/Gathers *Ms. Maradik stated that in the agenda session the MWBE calculations for the Coveleskistadium project were reviewed and were verified to be correct, and that they did meet theMWBE requirements. Mr. Miller had a concern regarding the Coveleski Stadium project and how it was broken down. He stated he was concerned a trucking company was being awardedthe bid, and he felt their type of work was out of line with the type of project work beingrequested or that the company wouldn’t be able to meet the MWBE goals/work. Ms. Maradikreplied that as part of the contract the contractor is agreeing to meet the percentages and dollaramounts to be done in the fashion of the contract and paperwork. She stated that staff will be monitoring, and it is something the company will be required to have occur. Board AttorneyMcDaniels added that ODI and Engineering would be the staff in charge of monitoring theproject requirements. Mr. Gilot wanted to note for the record that agenda item 9. A., permanent municipal sanitary sewer easement, was an easement and not an extension as it was read out loud as an extension. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – 2002 MIAMI ST. CORNER OF BOWMAN ST. AND MIAMI ST. Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from H & A Properties, 2002 Miami St., South Bend, IN 46613 for the purpose of allowing a framed canopy roof and cantilevered pergola to be placed in the right-of-way at 2002 Miami St. The Department of Community Investment states approval provided the encroachment meets the minimum required clearance height. The 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 was approved subject to staff comments. APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – 1607 FELLOWS ST. CORNER OF E. DUBAIL AVE. AND FELLOWS ST. Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from United Way Southeast Neighborhood Center Building, 1607 Fellows. St., South Bend, IN 46613 for the purpose of allowing three (3) foot canopies over the sidewalk on E. Dubail Ave. to be placed in the right-of-way at 1607 Fellows St. The 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. Miller and carried by roll call, the Revocable Permit 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: Handicapped Accessible Parking Space Sign LOCATION: 2129 S. Taylor St. REMARKS: All Criteria Met APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE REGULAR MEETING JANUARY 25, 2022 12 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.Ms. Angelette Wells, 2676 E. Trader Ct., Apt. 20, South Bend, IN 46628 1. 19523 Gilmer St. – Water (Key No.001-1057-1639) 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: Pioneer Metal Finishing, LLC, 2424 Foundation Dr. 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 Habitat for Humanity Contractor Released 04/28/2022 United Concrete Inc. Contractor Released 02/10/2022 S.A.R. Excavating, LLC Excavation Released 12/20/2021 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 GBLN-29784, GBLN-29896, GBLN-29897 01/18/2022 $631,585.22 City of South Bend Claims GBLN-29975, GBLN-30033 01/18/2022 $3,411,072.59 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 ADJOURNMENT There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 9:52. REGULAR MEETING JANUARY 25, 2022 13 February 8, 2022