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HomeMy WebLinkAbout02082022 Board of Public Works MeetingAGENDA REVIEW SESSION FEBRUARY 3, 2022 14 The Agenda Review Session of the Board of Public Works was convened virtually at 10:32 a.m. on February 3, 2022. Acting Board Clerk, Laura Hensley 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. Ms. Maradik presented the Board with a proposed agenda of items presented by the public and city staff. Board members discussed the following item(s) from the agenda. Right-of-Way Occupancy Agreement for House Move Board Attorney Clara McDaniels asked Scott Kreeger of Engineering to address agenda item 7.C. agreement bringing forth the 130 Park Lane to 846 Park Ave. house move. Mr. Kreeger stated Engineering is working with Lykowski and Indiana Landmarks for this project. Contractors sent a letter to the Board stating that they have a two-story house that will be moved from Park Lane, up to Lafayette Blvd., left on Riverside Dr. to its destination on Park Ave. A concern the City has is the numerous historical light fixtures along Leeper Park. Mr. Kreeger continued by saying that the vehicle wheel’s width is 22 ft. and extends out to a total of 36 ft during transport. The route also has two (2) bump-outs on the intersections and the transport vehicle will mount the curb and the sidewalk to clear the 90-degree turn. The contractor will be un-installing four (4) of the historical light fixtures for this transport process. Mr. Kreeger stated he originally brought this to the contractor’s attention due to the fixtures costing roughly $2000 each and take approximately six (6) months to get back in place. Scott added that the Historical Society has been informed and have no issues with the removal of lights; however, the lights could be damaged and the City is currently setting up an agreement stating the light fixtures will need to be replaced in addition to any City infrastructure damaged in the moving process. Attorney McDaniels stated she wanted Mr. Kreeger present so that the Board could ask any questions and be made aware of the precautions being taken so that this move minimizes any damage to City infrastructure. She also wanted to assure the Board that anything damaged would be replaced or restored to the same or better condition. Attorney McDaniels noted that City legal was finalizing the agreement terms which have been verbally agreed to, but they are working on getting the terms in writing. A finalized and signed Contractor Agreement will be ready for the Board for the upcoming regular Board meeting. Mr. Kreeger advised that the move is tentatively scheduled for April 1st. due to Madison Academy being on Spring break and bus routes not being an issue then. He projected it will take the contractor approximately three (3) weeks to prepare the house but only six (6) hours for the move itself. Ms. Maradik asked if the City will be documenting the route with pictures to know what damage, if any, is caused. Mr. Kreeger stated he has already created a video of the route, and he will also ask the contractor to do the same while also having them provide Public Works a before and after log for our own records. Mr. Gilot requested clarification on if the agreement will have stipulated damages that the contractor will have to pay the bill for any damages rather than the City act against their bond. Attorney McDaniels stated the agreement is for them to restore or replace any lampposts, curbs, sidewalks, or any other City infrastructure damaged to the same or better condition. Member Joe Molnar asked if there is a timeframe placed in the agreement in which the contractor must complete the repairs. Attorney McDaniels stated the agreement currently does not have set deadlines for repairs, but City legal could adjust the agreement to incorporate repair deadlines. Director of Public Works, Eric Horvath, suggested there should be a provision that states the City will do the repairs after a certain length of time has passed, and the contractor will then be billed for the work. Attorney McDaniels agreed with Director Horvath and said City legal is requiring them to secure $10,000,000 of general liability coverage while also listing the City as an additional name insured. Attorney McDaniels added that the agreement terms could also require an additional bond as well. Mr. Gilot asked if the city has a critical spare parts inventory for the historical lamps to allow the city the flexibility to make the repairs and then restock the inventory. City Engineer, Kara Boyles, replied to Gary stating the City did not have that kind of inventory. Ms. Boyles also stated that the nature of this agreement has been more complex than most. She added that the contractor has done a good job in preparation for the move, but they seem a bit frustrated with the process due to the impact on City infrastructure. AGENDA REVIEW SESSION FEBRUARY 3, 2022 15 Studebaker Fountain Water Improvements Board Member Joseph Molnar asked what the next steps for the Studebaker project would be and Ms. Maradik advised the project will go to open market following the City procurement policy. If project managers were to include Culligan Water while seeking a new quote on the open market, Mr. Gilot asked that Culligan not be the only company sought out in the open market as their submitted quote was non-responsive. Ms. Boyles advised that Culligan did not meet the request for the project as they are simply a vendor suppling their equipment and Culligan would not be a vendor we would reach out to in the open market. Amendment No. 1 to Agreement for Services Board Member Gary Gilot asked for clarification regarding Item 7. D. He stated that we have been using Green Tech transfer station for several years and are proposed to extend the agreement to 2023 and have two (2) prices per ton listed in question. Director of Solid Waste, Kelly Smith, advised that we had an option to extend two (2) more years and negotiate a lower cost. She calculated the tonnage that we normally bring in to get the new rate. Mr. Gilot confirmed a decrease in the price. Property Ownership of McCormick Mr. Molnar asked if the Board has any updates. Ms. Maradik advised that the legal department was working on it, and Attorney McDaniels stated follow-up can be made offline. Rescind and Restated Amended Community Tree Nursery Collaboration Agreement Mr. Gilot wanted to disclose to the Board regarding Item 7. B. that he used to work for the Center for Civic Innovation and has since retired; however, Mr. Gilot disclosed he still volunteers with the center as a mentor on projects. He continued that he had nothing to do with negotiating the agreement terms and felt the Board should understand this is not a conflict of interest on his part. Attorney McDaniels advised that his involvement with the center would not prevent him from voting on the agreement, but she urged him to disclose the information during the regular Board meeting on February 8th. ADJOURNMENT There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 10:49 a.m. REGULAR MEETING FEBRUARY 8, 2022 The Regular Meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday, February 8, 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 (virtual), Joseph Molnar, Murray Miller, February 22, 2022 REGULAR MEETING FEBRUARY 8, 2022 16 and Board Attorney Clara McDaniels (virtual), with a roll call. Gary Gilot, Jordan Gathers arrived later. Ms. Maradik reminded members that this is a hybrid meeting and asked if you are not actively participating to turn off your cameras and mute yourselves to help improve the meeting quality. If you have any questions, please use the Teams chat function and we will address those during Privilege of the Floor. Prior to the start of the meeting, Ms. Maradik noted that Jitin wished to speak to the Board. Deputy Director of Public Works, Jitin Kain introduced the new Clerk of the Board Theresa M. Heffner to the members. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion to approve made by Mr. Molnar, seconded by Mr. Miller, and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on January 20, and January 25, 2022, were approved. AWARD QUOTATION – SOLID WASTE PARKING LOT DRAINAGE IMPROVEMENTS – PROJECT NO. 121-010 (PR-00013806) Ms. Rebecca Plantz, Engineering, advised the Board that on December 14, 2021, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Plantz 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 $160,338.18. Ms. Maradik notes that although the quote does exceed the $150,000, it was pursued in good faith as the engineers estimate had the cost below that threshold, and so it can be awarded, but referred to Attorney McDaniels for further comments. Attorney McDaniels advised she had no further comment other than based on information provided. Therefore, Mr. Molnar made a motion that the recommendation be accepted, and the quotation be awarded as outlined above. Mr. Miller seconded the motion, which carried. Board member Gary Gilot arrived for the Award of Quotation. APPROVAL OF REQUEST TO REJECT QUOTATION – STUDEBAKER FOUNTAIN WATER IMPROVEMENTS – PROJECT NO. 121-032 (PR-00014464) In a memorandum to the Board, Ms. Sarah Beam, Engineering, requested permission to reject all quotes for the above referenced project as non-responsive due to the quotation did not include materials and labor. Ms. Maradik states that following City procurement policy, since we did not receive responsive quote staff can go out to the Open Market. Therefore, Mr. Molnar made a motion that the recommendation be accepted, Mr. Miller seconded the motion, which carried by roll call that the above Quotation was rejected. APPROVE CHANGE ORDER NO. 1 – 2021 CONTRACTOR PAVING, ROUND III – PROJECT NO. 121-049 (PO-0011415) 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 $168,924 for a modified contract sum, including this Change Order, in the amount of $1,366,248.40. Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 2 – LINCOLN WAY WEST AND OLIVE STREETSCAPE – PROJECT NO. 119-108 (PO-0009634) Ms. Maradik advised that Mr. Finnian Cavanaugh, Engineering, has submitted Change Order No. 2 on behalf of Rieth-Riley Construction Co., Inc., 25200 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $5,538 for a modified contract sum, including this Change Order, in an amount not to exceed $1,802,048.78. Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT –2021 CONTRACTOR PAVING, ROUND I – PROJECT NO. 121-016 (PO-0009142) Ms. Maradik advised that Mr. Toy Villa, Engineering, has 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 $43,693.78 for a new contract sum, including this Change Order, of $949,169.66. Also submitted was the Project Completion Affidavit indicating this new final cost of $949,169.66. Upon a motion made by Mr. Molnar, REGULAR MEETING FEBRUARY 8, 2022 17 seconded by Mr. Miller 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 – 2021 CONTRACTOR PAVING, ROUND II – PROJECT NO. 121-031 (PO-0010117) Ms. Maradik advised that Mr. Toy Villa, Engineering, has 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 $386,324.79 with an additional twenty- one (21) days for a new contract sum, including this Change Order, of $763,859.81 with a new completion date of November 5, 2021. Also submitted was the Project Completion Affidavit indicating this new final cost of $763,859.81. Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried by roll call, Change Order No. 1 (Final) and the Project Completion Affidavit were approved. Board member Jordan Gathers arrived for the Change Order and Project Completion Affidavit. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – RANDOLPH PARK AREA IMPROVEMENTS – PROJECT NO. 120-049 (PR- 00014497) In a memorandum to the Board, Mr. Finnian Cavanaugh, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the Title Sheet. Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried by roll call, the above request to advertise was approved, and the Title Sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – SALE OF CITY-OWNED PROPERTY – 1514 DALE AVE. 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. Miller and carried by roll call, the above request was approved. ADOPT RESOLUTION NO. 02-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY-OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 02-2022 A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY-OWNED PROPERTY ON PROPERTY OF SIMILAR NATURE WHEREAS, it has been determined by the Board of Public Works of the City of South Bend that the following described property is unfit for the purpose for which it was intended and should trade-in for property of a similar nature: TWENTY-FIVE (25) REMINGTON SHOTGUNS WHEREAS, I.C. 36-1-11-9 authorized the Board of Public Works to trade in or exchange City-owned property for partial or full reduction in the purchase price of property of similar nature. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: 1. The following described property shall be traded-in for property of a similar nature and shall be removed from the inventory of the City of South Bend: Twenty (20) Remington 870 Marine Magnums and Five (5) Remington 870 Wingmasters. ADOPTED this 8th Day of FEBRUARY, 2022 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS REGULAR MEETING FEBRUARY 8, 2022 18 s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Joseph R. Molnar s/ Murray L. Miller ATTEST: s/Laura Hensley, Acting Clerk ADOPT RESOLUTION NO. 03-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY Upon a motion made by Mr. Molnar, seconded by Mr. Miller and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 03-2022 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS WHEREAS, pursuant to I.C. 36-9-6-1 et. seq., the Board of Public Works ("Board") has the duty and authority to have custody, control, use, and to dispose of real and personal property owned by the City of South Bend, Indiana; and WHEREAS, IC 5-22-22-6 permits and establishes the 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; and WHEREAS, on January 8, 2022, Fire Inspector Brian Ruckert retired from the South Bend, Indiana, Fire Department after Twenty-One plus (21+) years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good standing; and WHEREAS, Chief Carl Buchanon has advised the Board that this Firefighter’s fire helmet and boots (“Property”) are of no further use to the Department, are of no practical value, and have an estimated market value of less than one-thousand dollars ($1,000.00); and WHEREAS, the Board has determined that the Property is worthless as that term is defined in I.C. 5-22-22-8(b); and WHEREAS, I.C. 5-22-22 permits and establishes procedures for the disposal of personal property which is either unfit for the purpose for which it was intended, no longer needed by the City, or property which is deemed worthless. NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows: 1.The Property is no longer needed by the City of South Bend, is unfit for the purposes for which was intended, and has an estimated value of less than one-thousand dollars ($1,000.00). 2. The Property may be demolished, junked, or otherwise disposed in a manner determined by the Fire Chief, including donation to the Firefighter as a token for his years of service to the City of South Bend. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on February 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND REGULAR MEETING FEBRUARY 8, 2022 19 BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot 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 Amendment No. 1 to Traffic Signal Maintenance Agreement Indiana Department of Transportation Changes Regarding a Change to Pay for “On- Call” or “Standby” Employees, Section 1.4, Part A N/A Molnar/Miller Rescind and Restated Amended Community Tree Nursery Collaboration Agreement Board of Public Works, Venues Parks & Arts, Redevelopment Commission, and Center for Civic Innovation Language Being Removed from Section 4. CCI Duties N/A *Molnar/Miller Right-of-Way Occupancy Agreement Lykowski Construction, Inc., and Indiana Landmarks Foundation of Indiana Encroachment for House Move from 130 Park Lane to 846 Park Ave. South Bend N/A TABLED Molnar/Miller Amendment No. 1 to Agreement for Services Republic Services, Inc. Additional Two (2) Year Term Commencing January 1, 2022 to December 31, 2023 and Modified Rates $1,027,972.50 (PR-00014687) Molnar/Miller *Mr. Gilot wanted to disclose to the Board regarding Item 8. B. that he used to work for the Center for Civic Innovation and has since retired; however, Mr. Gilot disclosed he still volunteers with the center. He continued that he had nothing to do with negotiating the agreement terms. Attorney McDaniels thanked him for the disclosure. APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for approval: Applicant Description Date/Time Location Motion Carried LaSalle Grill Sidewalk Café Permits – Favorable Monday- Saturday 4:00 p.m. to 10:00 p.m. 115 West Colfax Ave. Molnar/Miller Subject to clearance from the Fire Department connection. SBVPA Kids Triathlon Street Closures for Special Events July 23, 2022; 7:00 a.m. to 9:00 a.m., Wall St. Remains Closed till 12:00 p.m. Wall St. between Ironwood Dr. & Greenlawn, Greenlawn between Wall St. & Belmont Ave., Southwood Ave. between Molnar/Miller REGULAR MEETING FEBRUARY 8, 2022 20 Greenlawn & Belmont Ave., Belmont Ave. between Southwood Ave.& Greenlawn APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – 115 WEST COLFAX AVE. Ms. Maradik stated an application for an Encroachment and Revocable Permit has been received from LaSalle Properties LLC for the purpose of allowing two (2) stationary canvas canopies with supports to be placed in the right-of-way at 115 West Colfax Ave. Community Investments noted favorable recommendations subject to meeting Zoning Ordinance Requirements. 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. 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 A.M.L. Services Occupancy Approved 11/04/2022 Mr. Molnar made a motion that the bond’s approval and/or release as outlined above be ratified. Mr. Miller 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-30514, GBLN- 30632, GBLN-30665 01/25/2022 $1,426,106.60 City of South Bend Claims GBLN-30667, GBLN- 30672, GBLN-30703 02/01/2022 $862,870.53 City of South Bend Claims GBLN-30880, GBLN- 30881 02/01/2022 $674,837.58 City of South Bend Claims GBLN-30899, GBLN- 30900 02/01/2022 $1,268,051.99 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. Miller, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR Mr. Gilet spoke as a private citizen now spoke on an experience of a water outage at my home, water last night or this morning. This is not a complaint. It’s Services we take for granted that are sort of invisible until something goes wrong. I was able to call 311 (as a retired Public Works Director I might have had a clue to what was wrong but) and they reported there was a main break and they had a fresh crew out there at 7:40 am, so I reported that news from 311 to the President of the Homeowners Association who texted it out to the rest of the neighbors to know the update. As I was arriving late, I got a text back that the water is back on. I appreciate the timely fix and that 311 had update information. I also want to share that I got around and looked at different City jobs and I have so much respect for the water utility guys who have to jump in that trench because water mains only break when it’s really cold out it seems and they’re down there and they’re wet and it’s cold and they’re in a trench. I got around and did my surveillance of what kind of jobs I should make a mental note that I personally wouldn’t want to do and that was high on my list, so I appreciate them so much. The whole system works, stuff happens and REGULAR MEETING FEBRUARY 8, 2022 21 we don’t judge you that 100-year-old water main systems occasionally has breaks, we judge you on how you react to it. They got on it and they fixed it timely and the 311-system worked for communication, so I’m a happy customer. ADJOURNMENT There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 9:55 a.m. February 22, 2022