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HomeMy WebLinkAbout03082022 Board of Public Works MeetingAGENDA REVIEW SESSION MARCH 3, 2022 39 The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on March 3, 2022, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar and Board Members Gary Gilot (absent), Jordan Gathers (arrived at 10:32 a.m.), Murray Miller (virtual), and Board Attorney Clara McDaniels (virtual) present. Board of Public Works Clerk, Theresa Heffner, presented the Board with a proposed agenda of items presented by the public and by City staff. Board members discussed the following item(s) from the agenda. Award Quotations and Approve Contracts Item – 2022 Biosolids Trucking for Land Application Contract Attorney McDaniels advised the Board that City Engineer Jacob Klosinski plans to submit a revised memo to the Board due to an issue with the original quoter not meeting the Minority- and-Women-Owned Business Enterprises (MWBE) requirements thus making it a non- responsive bid and allowing the City to request to go to the free-market for quotes. Mr. Miller requested clarification as to the basis for assigning MWBE contract goals to this contract. Attorney McDaniels clarified that if there is capacity in the market place and it is capable of being subdivided out, an MWBE contract goal will be assigned and bidders need to be able to meet the contract goals or they need to be able to demonstrate good faith effort in trying to meet the goals. Mr. Miller asked if the Board had documentation for the good faith efforts, and Attorney McDaniels informed him that documentation would have been included with the submitted quote. Attorney McDaniels informed Mr. Miller that she could work with him and the Office of Diversity & Inclusion (ODI) outside of the agenda review session. Resolution No. 13-2022 - Utility Relief Program Public Works Director, Eric Horvath, stated that he was there to talk about item 7.D., the Utility Relief Program. He mentioned that this is something the City of South Bend has been wanting to do before going back to enacting water shutoffs. He explained the City had a water shutoff moratorium that started back in March of 2020 when the pandemic hit to make sure families that were struggling would not have their water shutoff. He added that now that we are getting out of the pandemic and the emergency orders have been lifted, it was time to start the process back up of water shutoffs for unpaid accounts. The City has seen several families accrue significant back bills in a few short years, and if the City were to move forward with the water shutoff program without any type of relief, it would create major issues and would lead to shutting off water to numerous families that were not able to payback outstanding bills. He clarified that the Resolution authorizes the City to write down debt on active utility bills for City residents that have some portion of their bill that is at least sixty (60) days past the bill due date and if they meet that qualification, the City will write off up to thirty (30) days past the due date amount, so they could become mostly current on their account giving the resident a clean slate to start from. He informed the Board that the money was already budgeted through the South Bend Common Council as part of the American Rescue Plan and this program was exactly what these funds were intended for. He clarified that the money was not utility dollars going into the Utility Relief Program but rather American Rescue Plan dollars. Lastly, Director Horvath added that there would be full forgiveness up to thirty (30) days of solid waste, water, and wastewater. If approved by the Board of Public Works on March 8, 2022, the City will be able to do the write down the debt on March 9, 2022. Vice President Molnar asked how the $2,500 cap was determined. Director Horvath explained that the Utility Relief Program funds were intended for all residential properties, which includes apartments. He acknowledged that most of the complexes are paid up, but the City didn’t want to have an extra burden on the Utility Relief Program funds because apartments are more commercial entities; however, apartments only accounted for fifty-five (55) accounts that were above the $2,500 cap out of 5,000 accounts. Vice President Molnar followed up by asking if the money would be applied to the same funds as anyone else paying their water bill to which Director Horvath confirmed that Public Works would write down the debt and then the money will flow into either wastewater, water, clean air, or solid waste. Mr. Miller asked whether the American Rescue Plan dollars could be applied to Combined Sewer Overflow (CSO) to help cut down on residents’ cost burden. Director Horvath explained that the Rescue Plan Funds were programmed throughout the budget process last year and some separate appropriations were done last year. He continued that there is a whole list of projects AGENDA REVIEW SESSION MARCH 3, 2022 40 involving recoveries like economic development programs, work programs, the Dream Center, and curb, sidewalk, and traffic calming. Lastly, he noted there were not any funds that went specifically to the CSO program because it is a program that is being funded over time rather than a more immediate result, but a lot of discussions have taken place with the South Bend Common Council and most, if not all, funds have already been programmed. Agreements/Contracts/Proposals/Addenda VP Molnar brought up agenda item 8.A., the Studebaker Fountain Water Improvement Project. He wanted to confirm if the contract was in range as he recalled that the Studebaker Fountain nonprofit was going to put $50,000 towards the project. President Maradik did not recall any private portions being paid. PRIVILEGE OF THE FLOOR President Maradik acknowledged that the Public Works Deputy Director, Jitin Kain, was present to discuss the South Bend Aloft encroachment permit request that was tabled at the February 22, 2022 regular meeting. The item was tabled because the Board was waiting to see if they could get drawings that would show how much room would remain in the sidewalk versus the separated bike lane because a drawing was not provided in the original packet received. President Maradik noted that the Board did get clarification that Aloft was requesting an encroachment to put in a permanent pergola structure in the right-of-way. President Maradik shared her concerns about the permanent encroachment and said she would ask if Aloft could move the structure by six (6) inches, so there would be three (3) feet of sidewalk and one (1) foot brick paver band to cover ADA clearance, rather than having the pergola permanently encroaching into the bike lane. Deputy Director Kain stated that Engineer Zach Hurst had reached out to Aloft to let them know that the Board was asking if they could modify their layout. Deputy Director Kain noted that he did not believe Mr. Hurst had heard back from Aloft, so over the next few days Mr. Hurst would reach out to Aloft to confirm that they are okay with change. Deputy Director Kain said he felt that the Board was making a reasonable request and was hopeful that they would get an answer before the Board meeting on March 8, 2022. ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:51 a.m. REGULAR MEETING MARCH 8, 2022 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, March 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. Board Clerk Theresa Heffner confirmed the presence of Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board March 22, 2022 REGULAR MEETING MARCH 8, 2022 41 Members Gary Gilot (virtual), Jordan Gathers, Murray Miller, and Board Attorney Clara McDaniels (virtual), with a roll call. President 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 VP Molnar, seconded by Mr. Gathers, and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on February 17, and February 22, 2022, were approved. OPENING OF BIDS – RANDOLPH PARK AREA IMPROVEMENTS – PROJECT NO. 120- 049 (PR-00014497) 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: $139,465.00 PREMIUM CONCRETE SERVICES, INC. 712 Richmond St. Elkhart, IN 46516 rbecker@premiumconcreteonline.com Bid was signed by Mr. Rob Becker 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: $156,485.00 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. BID: $158,970.77 Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above bids were referred to Engineering and Venues Parks & Arts for review and recommendation. OPENING OF BIDS – SALE OF CITY-OWNED PROPERTY – 1514 DALE AVE. 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: REGULAR MEETING MARCH 8, 2022 42 TRAVIS & NICOLE NEWCOMER 1510 Dale Ave. South Bend, IN 46613 nicki123390@gmail.com Bid was signed by Mr. Travis Newcomer BID: $1,500 Plus Fees VIDA HARLEY-HARRIS 643 Laporte Ave. FL 2 South Bend, IN 46613 vidabridges@gmail.com Bid was signed by Ms. Vida Harley-Harris BID: $1,501 GLADIS IBARRA DUARTE 1518 Dale Ave. South Bend, IN 46613 gladisibarra237@yahoo.com Bid was signed by Ms. Gladis Ibarra Duarte BID: $4,000 Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above bids were referred to Community Investment for review and recommendation. OPENING OF PROPOSALS – SAFE ROUTES TO SCHOOL - OUR LADY OF HUNGARY NEIGHBORHOOD – PROJECT NO. 122-007 (INDOT DES #210025) Mr. Finnian Cavanaugh, Engineering, advised that this was the date set for the receiving and opening of sealed proposals for the above-referenced project. President Maradik stated the proposals will be reviewed and scored based on a matrix system, by a team made up of City representatives. Board Attorney McDaniels and VP Molnar read the names of the following companies submitting proposals: SJCA INC. 1251 N. Eddy St., Suite 200 South Bend, IN 46617 Mr. Aaron Goslee, PE agoslee@sjcainc.com; dkovert@sjcainc.com DLZ INC. 2211 E. Jefferson Blvd. South Bend, IN 46615 Mr. Anthony Glenn, PE aglenn@dlz.com TROYER GROUP 3930 Edison Lakes Pkwy. Mishawaka, IN 46545 Mr. Stephan Summers jel@troyergroup.com ABONMARCHE CONSULTANTS, INC. 315 W. Jefferson Blvd. South Bend, IN 46601 Mr. Chad Knip, PE cknip@abonmarche.com HWC ENGINEERING 5920 Hohman Avenue REGULAR MEETING MARCH 8, 2022 43 Hammond, IN 46320 Mr. James Rice, PE kstrattman@hwcengineering.com; jrice@hwcengineering.com VS ENGINEERING, INC. 9910 Dupont Circle Dr. East, Suite 210 Fort Wayne, IN 46825 Mr. Mark Herald, PE Mherald@vsengineering.com SHREWBERRY & ASSOCIATES, LLC 7321 Shadeland Station, Suite 160 Indianapolis, IN 46256 Mr. Mark St. John, PE mstjohn@shrewsusa.com Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above proposals were referred to Engineering and Community Investment for review and recommendation. AWARD QUOTATION AND APPROVE CONTRACT – MASONRY WORK FOR ERSKINE GOLF COURSE (PR-00015033) Ms. Sarah Hull, Venue Parks & Arts, advised the Board that on December 3, 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 quoter, Law’s Tru Stone, LLC, 1621 N. Hickory Rd., South Bend, IN 46635, in the amount of $13,480. Therefore, VP Molnar made a motion that the recommendation be accepted, 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 REJECT QUOTATION – 2022 BIOSOLIDS TRUCKING FOR LAND APPLICATION CONTRACT – PROJECT NO. 122-031 (PR-00015085) In a memorandum to the Board, Mr. Jacob Klosinski, Engineering, requested permission to reject all quotes for the above-referenced project from Trucks R Us Inc., 23300 State Road 23, South Bend, IN 46614, due to being non-responsive for failure to meet the WBE contract goal and failure to meet good faith efforts requirement to obtain WBE participation. Mr. Miller raised some issues before the Board voted on the rejection of the quote. Mr. Miller stated that according to the plan, there is supposed to be a letter sent to the Board of Public Works and the Inclusive Procurement and Contracting Board before the bid is rejected and questioned whether that was done. Mr. Miller proposed that the Board table the item until further information was received and reviewed by the Inclusive Procurement and Contracting Board (IPC) with a recommendation. Mr. Miller was concerned whether policies were being followed, so that the bidder is given time to appeal the decision before the Board rejects the bid. Attorney McDaniels clarified the recommendation for the rejection was because the contractor did not meet the Minority-and-Women-Owned Business Enterprise (MWBE) requirements and good faith efforts requirement and she noted that the item is of a time-sensitive nature. City Engineer Kara Boyles explained that the contract expired at the end of 2021, leaving the city without any ability to do biosolid trucking and farmers will be ready to land apply very soon. Attorney McDaniels advised that the contractor was aware that it did not meet the WBE contract requirement and that it was aware of sub-contractors that could meet WBE contract goal. Since the contractor did not meet the WBE contract goal, it was required to demonstrate good faith efforts based on certain criteria which they failed to do. Attorney McDaniels advised that there would not be a different outcome if the item was tabled and delaying the motion. President Maradik proposed that due to the time sensitivity of the item, the Board proceed with rejecting and allowing staff to follow City procurement policy to go to the open market. Mr. Miller withdrew his recommendation to table the item. Therefore, upon a motion made by Mr. Gathers, seconded by VP Molnar, and carried by roll call, the request to reject the quote was approved. Mr. Miller voted nay. REGULAR MEETING MARCH 8, 2022 44 APPROVE CHANGE ORDER NO. 5 – SEITZ PARK RECONSTRUCTION, PHASE I – PROJECT NO. 117-093A (PO-0006342) President Maradik advised that Ms. Sue Ellen Doudrick, Engineering, has submitted Change Order No. 5 on behalf of Ziolkowski Construction, Inc, 4050 Ralph Jones Dr., South Bend, IN 46628, indicating the contract amount be increased by $12,898 for a new contract sum, including this Change Order, in the amount of $7,426,422.78. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE CHANGE ORDER NO. 1 – 2021 SPEED RADAR SIGN INSTALLATION – PROJECT NO. 121-062 (PO-0012157) President Maradik advised that Ms. Charlotte Brach, Engineering, has submitted Change Order No. 1 on behalf of Martell Electric, LLC, 4601 Cleveland Rd., South Bend, IN 46628, indicating the contract amount be increased by $5,295 for a new contract sum, including this Change Order, in the amount of $36,807. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the Change Order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – AUDUBON WOODS, SECTION II – PROJECT NO. DP19-004 President Maradik advised that Ms. Charlotte Brach, Engineering, has submitted the Project Completion Affidavit on behalf of Irish Rentals, LLC, 4404 Technology Dr., South Bend, IN 46628, for the above referenced project. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the Project Completion Affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – BENDIX THEATER ESPORTS ARENA – PROJECT NO. 119-106D (HOTEL MOTEL TAX FUND) President Maradik advised that Mr. Toy Villa, Engineering, has submitted the Project Completion Affidavit on behalf of Nelco Media, Inc., 505 Howard St., San Antonio, TX, 78212, for the above referenced project, indicating a final cost of $419,058.02. Upon a motion made by VP 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 – 2022-2023 WATER TREATMENT CHEMICALS (PR-00015439) In a memorandum to the Board, Ms. Nancy Clay, Central Services, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the above request was approved. ADOPT RESOLUTION NO. 10-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 10-2022 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, PATROLMAN FIRST CLASS CORI BAIR retired effective February 11th, 2022, from the South Bend Police Department after twenty-seven (27) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and REGULAR MEETING MARCH 8, 2022 45 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. NDS9949, 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 8TH Day of MARCH, 2022. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 11-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 11-2022 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 be traded-in for property of a similar nature: FIVE (5) 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: Five (5) Remington 870 Marine Magnums ADOPTED this 8th Day of MARCH, 2022 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk REGULAR MEETING MARCH 8, 2022 46 ADOPT RESOLUTION NO. 12-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AUTHORIZING STAFF TO RECORD RESTRICTIVE COVENANTS REQUIRED FOR THE PERFORMANCE OF LEAD HAZARD CONTROL SERVICES Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 12-2022 A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING STAFF TO RECORD RESTRICTIVE COVENANTS REQUIRED FOR THE PERFORMANCE OF LEAD HAZARD CONTROL SERVICES WHEREAS, the City of South Bend, Indiana (the “City”), accepted grants for lead hazard reduction (the “Program”) from the Indiana Housing and Community Development Authority and the United States Department of Housing and Urban Development (“HUD”); and WHEREAS, the City executed certain grant documents and the Program is administered by the City’s Department of Community Investment (“DCI”); and WHEREAS, the grant documents require that the Program include a process by which units made lead-safe under the Program are marketed toward and priority given to families with children under six (6) years of age for a period of no less than three (3) years; and WHEREAS, the City’s process includes the execution and recordation of a Lien and Restrictive Covenant Agreement for Rental Property (“Agreement”), in substantially the same form as attached hereto as Exhibit A, which sets forth the requirements that must be met for the required three (3)-year period in exchange for participation in the Program; and WHEREAS, the Agreement applies only to rental properties and creates a duty for landlords participating in the Program to market and give priority in renting units to income- eligible families with children under the age of six (6) and documenting all efforts to comply; and WHEREAS, DCI anticipates that a number of such Agreements will be executed throughout the course of the Program; and WHEREAS, the Board of Public Works (the “Board”) exists pursuant to Indiana Code Section 36-4-9-5 and is the appropriate body to hold real estate interests of the City pursuant to Indiana Code Section 36-9-6-3; and WHEREAS, the Board desires to authorize the execution of such Agreements as needed and without additional presentation to the Board, provided that such Agreements are in substantially the same form as attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS: 1. The Board reaffirms its approval of the grant documents in furtherance of the Program. 2. The Board authorizes the President or Vice President and the Clerk of the Board to execute the Agreement on its behalf with regard to any rental property that is a part of the Program, provided that such Agreement is in substantially the same form as Exhibit A. 3. The Board further authorizes any staff member of the City’s Department of Community Investment to accept and present the executed Agreement for recordation and execute on the Board’s behalf any document or take on the Board’s behalf any action that may be required to complete the recordation of the Agreement and carry out the purposes of this Resolution. REGULAR MEETING MARCH 8, 2022 47 3. This Resolution will be in full force and effect upon its adoption. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana, held in person and electronically on March 8, 2022. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 13-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING FORGIVENESS OF RESIDENTIAL UTILITY ACCOUNTS UNDER THE CITY OF SOUTH BEND 2022 UTILITY RELIEF PROGRAM VP Molnar spoke briefly before the motion to thank the staff for coming up with a solution to help city residents and for finding a path forward toward normalcy. VP Molnar also shared his gratitude for being able to use the American Rescue Plan funds. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 13-2022 A RESOLUTION OF THE BOARD OF PUBLIC WORKS APPROVING FORGIVENESS OF RESIDENTIAL UTILITY ACCOUNTS UNDER THE CITY OF SOUTH BEND 2022 UTILITY RELIEF PROGRAM WHEREAS, the City of South Bend (the “City”), through South Bend Municipal Utilities, charged utility customer accounts for City utility services; and WHEREAS, the charges were not paid to the City as of February 28, 2022 despite multiple billing notices to the persons receiving the services; and WHEREAS, the City issued a moratorium on utility disconnections and late penalties during the COVID-19 pandemic and allowed utility service to remain active despite balances that were significantly past due; and WHEREAS, the City, by and through its Board of Public Works, desires to remove a portion of past due balances from residential utility accounts that are sixty (60) or more days past its bill date as of February 28, 2022 (the “Forgiveness Date”). NOW THEREFORE, BE IT RESOLVED by the City of South Bend, Indiana Board of Public Works as follows: 1. Accounts within the City limits that were designated as active and residential in the City utility billing system, and with amounts over sixty (60) days past its bill date as of the Forgiveness Date will be adjusted to remove past due balances that are thirty (30) days or more past its bill date as of the Forgiveness Date, up to a maximum amount of Two Thousand Five Hundred Dollars ($2,500). 2. These balances will be forgiven in accordance with this relief program. ADOPTED this 8th Day of March 2022. REGULAR MEETING MARCH 8, 2022 48 CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 14-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 14-2022 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 February 5, 2022, Firefighter Douglas Applegate retired from the South Bend, Indiana, Fire Department after Thirty-Two (32) 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. REGULAR MEETING MARCH 8, 2022 49 ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 15-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 15-2022 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 February 2, 2022, Firefighter Ted Carlson III retired from the South Bend, Indiana, Fire Department after Thirty-Three (33) 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: 3. 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). 4. 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. REGULAR MEETING MARCH 8, 2022 50 ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 16-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 16-2022 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 24, 2022, Captain Darrell Eiler retired from the South Bend, Indiana, Fire Department after Two (2) 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: 5. 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). 6. 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. REGULAR MEETING MARCH 8, 2022 51 ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 17-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 17-2022 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 February 14, 2022, Firefighter William Fox retired from the South Bend, Indiana, Fire Department after Twenty-Seven (27) 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: 7. 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). REGULAR MEETING MARCH 8, 2022 52 8. 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 March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 18-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 18-2022 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 February 2, 2022, Captain Edwin Meyer retired from the South Bend, Indiana, Fire Department after Thirty-Three (33) 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: 9. 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). REGULAR MEETING MARCH 8, 2022 53 10. 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 March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, Clerk ADOPT RESOLUTION NO. 19-2022 – 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 VP Molnar, seconded by Mr. Gathers and carried by roll call, the following Resolution was adopted by the Board of Public Works: RESOLUTION NO. 19-2022 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 February 5, 2022, Captain Joseph Wagner retired from the South Bend, Indiana, Fire Department after Thirty-One (31) 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: 11. 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). REGULAR MEETING MARCH 8, 2022 54 12. 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 March 8, 2022, at 1308 County-City Building, 227 West Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller ATTEST: s/Theresa Heffner, 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 Open Market Contract Selge Construction Co., Inc. Studebaker Fountain Water Improvements Project No. 121-032, Completion Date of April 22, 2022 $158,440.50 (PR-00014464) Molnar/Jordan Memorandum of Understanding St. Joseph County 2021 Contractor Paving, Round III Project No. 121- 049; Resurfacing of Fellows St. from Jackson Rd. to Johnson Rd. and Rose St. from Maple Ln. to Crestwood Blvd. $68,786.48 (PR-00010341) Molnar/Gathers Professional Services Agreement Kil Architecture Design Services for Nexus Center Site Improvements Project No. 121-064 $35,500 (PR-00015134) Molnar /Jordan APPROVAL OF PERMIT AND LICENSE APPLICATIONS The following permit and license applications were presented for approval: Applicant Description Date/Time Location Motion Carried LAZ Parking Midwest, LLC Public Parking Facility License - Renewal 1228 N. Eddy St. Molnar/Gathers *Subject to installing and maintaining the required signage APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – 111 N. MAIN ST. President Maradik stated an application for an Encroachment and Revocable Permit has been received from the Aloft South Bend for the purpose of allowing a pergola to be placed in the right-of-way on the front side of the building to extend the patio space. Public Works and Community Investments approved this subject to gutters draining parallel to the building face and not across the bike lane or sidewalk. President Maradik stated that there had been some discussion about this and asked if either Public Works Deputy Director Jitin Kain or Engineer Zach Hurst could confirm whether they had communication with Aloft about the concerns. Mr. Hurst responded that he did speak to Aloft and let them know that the Board was going to ask them to reduce the width of the encroachment by six (6) inches. President Maradik followed up to ask if the request for the change was received well. Mr. Hurst confirmed that they were very REGULAR MEETING MARCH 8, 2022 55 agreeable. President Maradik asked that the Board approve, subject to providing just the four feet of ADA clearance outside the separated bike lane, which they are aware of and have agreed to. Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the revocable permit was approved. APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following traffic control device request was approved: NEW INSTALLATION: Two (2) 15 Minute Loading & Unloading Zone Signs LOCATION: 201 S. William St. REMARKS: All Criteria Met APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE President 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. 18147 Cloverleaf Dr. – Water/Sewer (Key No. 002-1015-030557) Upon a motion by VP 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 Bond Type Approved/ Released Effective Date Bender’s Construction Inc. Contractor Released 04/16/2022 Bender’s Construction Inc. Occupancy Released 04/16/2022 VP 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 VP 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-31823, GBLN- 31822, GBLN-32166 02/22/2022 $1,611.136.73 City of South Bend Claims GBLN-31204, GBLN- 31208, GBLN-32330 02/28/2022 $1,290,115.36 City of South Bend Claims GBLN-32361, GBLN- 32365, GBLN-32366 02/28/2022 $1,939,910.12 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 VP Molnar, seconded by Mr. Gathers, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR President Maradik noted there has been an end to the Public Health Emergency Declaration and the Board has adopted an electronic meetings policy that will be followed going forward. President Maradik continued to provide a high-level overview of the electronic meetings policy. REGULAR MEETING MARCH 8, 2022 56 She explained that Board members can attend up to two (2) consecutive meetings virtually but must attend at least fifty percent (50%) of meetings in person. Restating what Attorney McDaniels noted earlier, President Maradik said if Board members are attending virtually, they must be seen with their camera and heard with their microphone during meetings in order to participate in final actions or votes. She added that at least fifty percent (50%) of the Board members need to be physically present for meetings, and she emphasized the importance of Board members communicating with each other if unable to attend the meeting physically or virtually. VP Molnar asked for clarification on quorum requirements to which Attorney McDaniels and President Maradik replied that three (3) Board members need to be physically present to have a quorum. ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:08. March 22, 2022