HomeMy WebLinkAbout04262022 Board of Public Works MeetingAGENDA REVIEW SESSIONS April 21, 2022 104
The Agenda Review Session of the Board of Public Works was convened at 10:34 a.m. on April
21, 2022, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board
Members Gary Gilot, Jordan Gathers (virtual), Murray Miller, 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.
OPENING OF QUOTATIONS
Engineer Finnian Cavanaugh was present to answer questions about item 2.A., 2022 Tree and
Stump Removal. He noted for the record that at the upcoming Regular Meeting, there will be a
quote opening and a quote award for the project. The work will be done by the City’s curb and
sidewalk crew.
AWARD BIDS AND APPROVE CONTRACTS
Project Engineer Rebecca Plantz was present to answer questions about item 3.A., North Water
Treatment Plant Improvements. Ms. Plantz explained the timeline for the project that began back
in 2019. When no bids were received during the bid opening on November 23, 2021, the project
went to the open market. Bowen and Kokosing provided bids that were in the millions of dollars
with Bowen providing the lowest bid. Gary Gilot noted the volatile market related to pricing.
Attorney McDaniels advised that even though the contract is in the millions of dollars, all legal
aspects were followed stating that there are no monetary limits on open-market contracts. Mr.
Gilot asked the Board members to think about whether they would like to see all the contractors
questioned at a pre-bid meeting to receive feedback, to amend the plans and specs, and to try
bidding again when the project is over a certain amount of money.
Murray Miller asked about how the waivers were issued for Minority and Women-owned
Business Enterprise (MWBE) goals that were not met. Ms. Plantz clarified that some of the goals
were met and some were not, and for the ones that were not met, a good faith effort was met.
Director of Public Works Eric Horvath noted that when a waiver is issued, it should be
documented why the waiver was provided. Larry King from the Office of Diversity and
Inclusion (ODI) explained that he can assist in providing recommendations to bidders to meet
MWBE goals. Mr. Gilot advised that during the competitive bid process one bidder cannot be
favored over another so recommendations for meeting MWBE goals should be shared with all
bidders equally via an issued addendum.
VP Molnar asked about the timing for completion. Ms. Plantz explained that the work will begin
this spring and will finish up in the fall because the vessels cannot be down during the summer.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
VP Molnar asked about item 7.C. the contract cancellation with Vic Butcher Construction.
President Maradik stated that they went out of business or were nonresponsive. VP Molnar asked
how this would affect the development agreement. President Maradik explained that the
remainder of the project would be requoted. City Engineer Kara Boyles clarified that the
development agreement expired.
REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS
Mr. Gilot inquired about the scope for item 5.A. Northwest Elevated Storage Tank
Improvements. City Engineer Kara Boyles explained that the scope involves interior coating,
cathodic protection, swing check valves, altitude valves, and other related improvements.
CHANGE ORDERS
President Maradik asked about item 4.B. School Zone Flashing Beacons Installation noting that
the percent of the increase is just over thirty-six percent (36%) which is above the twenty percent
(20%) threshold. President Maradik noted that even though it is a state-funded project, she
wanted to be sure that from a procurement policy and legal standpoint that there wouldn’t be any
challenges or issues related to that kind of increase since there was no unforeseen condition. City
Engineer Boyles explained that the project is one hundred percent (100%) funded by MACOG
and that the change order is the result of removing the flashing beacons in order to come within
the estimate of funding, but the bid came in lower than the estimate so the Beacons were put
back into the project.
AGENDA REVIEW SESSIONS April 21, 2022 105
LICENSES AND PERMITS
President Maradik requested clarification on item 8.A.9 to confirm why the location of the
Westside Memorial Day Parade is listed as TBD. Director Horvath explained that the Parade
Committee would like to use the same route they have used in the past, which involves closing
several intersections and having enough police available to provide protection. Director Horvath
noted that he hoped to have the location and details available before the BPW Regular Meeting
on April 26, 2022.
PRIVILEGE OF THE FLOOR
ADJOURNMENT
There being no further business to come before the Board, Ms. Maradik adjourned the meeting at
11:15 a.m.
REGULAR MEETING APRIL 26, 2022
The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, April
26, 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 Members Gary Gilot, Jordan Gathers (arrived at 9:36 a.m.), 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 Joseph Molnar, seconded by Murray Miller and carried by roll call, the
minutes for the Agenda Review Session and Regular Meeting of the Board held on April 7,
and April 12, 2022, were approved.
OPENING AND AWARD OF QUOTATIONS – 2022 TREE AND STUMP REMOVAL –
PROJECT NO. 122-002 (PR-00016075)
Mr. Finnian Cavanaugh, Engineering, 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:
K & R TREE SERVICE LLC - AWARDEE
1724 S. Grant St.
South Bend, IN 46613
treecutterkev@yahoo.com
May 10, 2022
REGULAR MEETING APRIL 26, 2022 106
Quotation was submitted by Mr. Kevin J. Kenney
Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $20,006.04
KC TREE, INC.
8913 East US Hwy. 20
New Carlisle, IN 46552
heather@kctreeinc.com
Quotation was submitted by Ms. Lisa N. Keigley
Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $28,600.00
Upon a motion made by Joseph Molnar, seconded by Murray Miller and carried, the above
Quotations were referred to Mr. Finnian Cavanaugh, Engineering, for review and
recommendation. After reviewing those quotations, Mr. Cavanaugh recommended that the
Board award the contract to the lowest responsive and responsible bidder, K&R Tree Service
LLC, in the amount of $20,006.04. Therefore, Joseph Molnar made a motion that the
recommendation be accepted, and the quotation be awarded as outlined above. Murray Miller
seconded the motion, which carried by roll call.
AWARD BID AND APPROVE CONTRACT – NORTH WATER TREATMENT PLANT
IMPROVEMENTS – PROJECT NO. 119-011 (PR-00012417)
Ms. Rebecca Plantz, Engineering, advised the Board that on November 9, 2021, bids were
received and opened for the above referenced project. After reviewing those bids, Ms. Plantz
recommended that the Board award the contract to the lowest responsive and responsible bidder,
Bowen Engineering Corporation, 8202 N. Meridian St., Indianapolis, IN 46260, in the amount of
$3,582,800 an open market contract, divisions A-E plus alternates 1-4. Therefore, Joseph Molnar
made a motion that the recommendation be accepted, and the bid be awarded, and the contract
approved as outlined above. Murray Miller seconded the motion, which carried by roll call.
AWARD BID – ONE (1) OR MORE, 2021 OR NEWER, TANDEM AXLE STAINLESS
STEEL MULTI-USE DUMP TRUCKS – SPEC H (PR-00012871)
Mr. Jeff Hudak, Central Services, advised the Board that on December 14, 2021, bids were
received and opened for the above referenced contract. After reviewing those bids, Mr. Hudak
recommended that the Board award the contract to the lowest responsive and responsible bidder
Truck Centers, Inc., 4145 Ameritech Dr., South Bend, IN 46628, in the amount of $821,256 a
total amount for three (3) trucks. Gary Gilot noted for the record that the timeframe for delivery
of the three (3) trucks is 350-420 days. Therefore, Joseph Molnar made a motion that the
recommendation be accepted, and the bid be awarded as outlined above. Murray Miller seconded
the motion, which carried by roll call.
AWARD BID – 2021 OR NEWER, SINGLE AXLE STAINLESS STEEL MULTI-USE DUMP
TRUCK – SPEC I (PR-00012904)
Mr. Jeff Hudak, Central Services, advised the Board that on December 14, 2021, bids were
received and opened for the above referenced contract. After reviewing those bids, Mr. Hudak
recommended that the Board award the contract to the lowest responsive and responsible bidder
Selking International Trucks, 4849 W. Western Ave., South Bend, IN 46619, in the amount of
$206,437. Gary Gilot noted for the record that the timeframe for delivery of the truck is during
the first quarter of 2023. Therefore, Joseph Molnar made a motion that the recommendation be
accepted, and the bid be awarded as outlined above. Murray Miller seconded the motion, which
carried by roll call.
APPROVE CHANGE ORDER NO. 2 – SOUTHEAST NEIGHBORHOOD CENTER (UNITED
WAY) – PROJECT NO. 119-093R (PO-0010837)
President Maradik advised that Mr. Zach Hurst, Engineering, has submitted Change Order No. 2
on behalf of The Robert Henry Corporation, 404 S. Frances St., South Bend, IN 46617,
indicating the contract amount be increased by $45,348.00 with an additional forty-six (46) days
for a new contract sum, including this Change Order, in the amount of $1,220,338 with a new
completion date June 30, 2022. Upon a motion made by Joseph Molnar, seconded by Murray
Miller and carried by roll call, the Change Order was approved.
REGULAR MEETING APRIL 26, 2022 107
APPROVE CHANGE ORDER NO. 1 – SCHOOL ZONE FLASHING BEACONS
INSTALLATION – PROJECT NO. 117-075 (100% FEDERALLY FUNDED)
President Maradik advised that Mr. Scott Kreeger, Engineering, has submitted Change Order No.
1 on behalf of Michiana Contracting, Inc., 7843 Lilac Rd., Plymouth, IN 46563, indicating the
contract amount be increased by $268,920.91 with an additional sixty (60) days, thirty-eight (38)
additional flashing beacons for a new contract sum, including this Change Order, in the amount
of $1,008,548.91 with a new completion date of October 4, 2022. President Maradik noted that
this is an INDOT change order and is one-hundred percent (100%) federally funded. Upon a
motion made by Joseph Molnar, seconded by Murray Molnar and carried by roll call, the Change
Order was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – NORTHWEST
ELEVATED STORAGE TANK IMPROVEMENTS – PROJECT NO. 122-018 (PR-00016364)
In a memorandum to the Board, Ms. Rebecca Plantz, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made
by Joseph Molnar, seconded by Murray Miller and carried by roll call, the above request was
approved.
ADOPT RESOLUTION NO. 21-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL
PROPERTY TO THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
Upon a motion made by Joseph Molnar, seconded by Murray Miller and carried by roll call, the
following Resolution was adopted by the Board of Public Works:
RESOLUTION NO. 21-2022
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF
PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO
THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”)
exists pursuant to Indiana Code Section 36-4-9-5, holds real property owned by the City of
South Bend, Indiana (the “City”) pursuant to Indiana Code Section 36-9-6-3, and is authorized
to transfer such property to another governmental entity pursuant to Indiana Code Section 36-
1-11-8; and
WHEREAS, the South Bend Redevelopment Commission, the governing body of the
City of South Bend, Indiana, Department of Redevelopment (the “Commission”), exists and
operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the Board owns two (2) parcels of real property in the City, one (1) on
Walnut Street, and one (1) on Chestnut Street, both more particularly described on Exhibit A
(the "Property"); and
WHEREAS, the Board desires to convey the Property to the Commission pursuant to
Ind. Code 36-1-11-8 for the purpose of making the Property available for re-use and
redevelopment in accordance with the Commission's purposes and powers under the Act; and
WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the
Board's conveyance of the Property to the Commission and appointing a representative to
accept and record the deed received from the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
1.The Board hereby approves the conveyance of the Property to the Commission
in accordance with Indiana Code Section 36-1-11-8.
2.The President and Clerk of the Board are authorized and instructed to execute
and attest, respectively, a quit claim deed in substantially the form attached hereto as Exhibit
B, conveying all of the Board's right, title, and interest in the Property to the Commission.
REGULAR MEETING April 26, 2022 108
3.The Board authorizes Joseph Molnar or Andrew Netter of the City’s Department
of Community Investment to present for recordation in the Office of the Recorder of St.
Joseph County, Indiana, the deed conveying the Property to the Commission, as well as to
execute any other document necessary to affect the Board’s conveyance to the Commission.
4.This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on April
26, 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
Authorization
Letter
Studebaker
National
Museum
Authorization for Annual
New Car Raffle at
Studebaker National
Museum
N/A Joseph Molnar
/Murray Miller
Deed of
Dedication
City of South
Bend Venues,
Parks, and Arts
Right-of-Way Dedication
of 3,898 Square Feet for
Randolph Park
Improvements Project No.
120-049 for Turnaround at
Alley
N/A Joseph Molnar
/Murray Miller
Contract
Cancellation
Vic Butcher
Construction
Cancel Gemini at Colfax –
Exterior Renovations -
Windows Contract,
Division E Project No.
119-103
$58,001.28
(Remaining)
(PO-0006609)
Joseph Molnar
/Murray Miller
Parking Lot
Lease
Mary Coyne
Investments,
LLC
Re-Entering into Five (5)
Year Lease Agreement,
Starting May 1, 2022
$1,622.98 Per
Month
(PO-0014052)
Joseph Molnar
/Murray Miller
Right of Entry
for
Construction
Agreement
McCormick &
Company, Inc.
Allowing McCormick to
Construct Improvements
to Real Property Owned
by the City out of Which it
has Operated it’s Local
Manufacturing Operations
Since the Mid-1970’s
N/A Joseph Molnar
/Murray Miller
APPROVAL OF PERMIT AND LICENSE APPLICATIONS
The following permit and license applications were presented for approval:
Applicant Description Date/Time Location Motion
Carried
2nd Annual Job
Fair/Community
Party
Street Closure for
Special Event
July 14, 2022;
10:00 a.m. to
4:30 p.m.
Fremont St. between
Marquette Blvd. and
W.Hamilton St.
Joseph
Molnar
/Murray
Miller
REGULAR MEETING APRIL 26, 2022 109
Angel of Hope
Ride
Street Closure for
Special Event
August 20,
2022; 9:00
a.m. to 12:00
p.m.
Pinhook Park – See
Map
Joseph
Molnar
/Murray
Miller
Cedar
Neighborhood
Block Party &
Open House
Street Closure for
Special Event
May 7, 2022;
3:00 p.m. to
7:00 p.m.
Cedar St. between
Walsh St. and N.
Arthur St.
Joseph
Molnar
/Murray
Miller
Concours
d’Elegance at
Copshaholm
Street Closure for
Special Event
July 9, 2022;
10:00 a.m. to
5:00 p.m.
Washington St.
between Chapin St.
and Laurel St.
Joseph
Molnar
/Murray
Miller
Fallen Heroes
Family Ride
Street Closure for
Special Event
June 26, 2022 Starting at Portage
Ave.
Joseph
Molnar
/Murray
Miller
First Fridays
May
Street Closure for
Special Event
May 6, 2022;
2:00 p.m. to
9:00 p.m.
200 Block of S.
Michigan St.
Joseph
Molnar
/Murray
Miller
First Fridays
June through
October
Street Closure for
Special Event
June 3, July 1,
August 5,
September 2,
October 7,
2022; 2:00
p.m. to 9:00
p.m.
200 Block of S.
Michigan St.
Joseph
Molnar
/Murray
Miller
March to the
Memorial
Street Closure for
Special Event
September 11,
2022; 9:11
a.m.
South Bend Metro
Area from Ireland
Rd. to St. Joseph
County Park’s 9/11
Memorial
Joseph
Molnar
/Murray
Miller
South Bend
Westside
Memorial Day
Parade
Street Closure for
Special Event
May 30,
2022; 6:00
a.m. to 12:00
p.m.
TBD - Along Ford St. Joseph
Molnar
/Murray
Miller
Subject to
City
approval of
the route and
security
The Great Race Street Closure for
Special Event
June 22,
2022; 8:00
a.m. to 5:00
p.m.
Thomas St. between
Chapin St. and Laurel
St.
Joseph
Molnar
/Murray
Miller
Chinese
Massage Spa
Massage
Establishment
2614 S. Michigan St. Joseph
Molnar
/Murray
Miller
Massage by
Suzanne
Massage
Establishment
914 Lincolnway
West
Joseph
Molnar
/Murray
Miller
Summer Spa
Massage
Massage
Establishment
3601 E. Jefferson
Blvd.
Joseph
Molnar
/Murray
Miller
Sun Flower
Massage Spa
LLC (formerly
Top Oriental
Massage)
Massage
Establishment
421 N. Hickory Rd. Joseph
Molnar
/Murray
Miller
REGULAR MEETING APRIL 26, 2022 110
Therapeutic
Indulgence
Massage
Establishment
903 E. Jefferson
Blvd.
Joseph
Molnar
/Murray
Miller
AEP Indiana
Michigan
Transmission
Company Inc.
Long Term
Occupancy Permits
April 3, 2022
–May 6, 2022
East Bank Trail
between Northshore
and Crescent
Joseph
Molnar
/Murray
Miller
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by Joseph Molnar, seconded by Murray Miller and carried by roll call, the
following traffic control device requests were approved:
DENIAL: Handicapped Accessible Parking Space Sign
LOCATION: 621 Portage Ave.
REMARKS: Criteria Not Met
REMOVAL: Handicapped Accessible Parking Space Sign
LOCATION: 1711 Kendall St.
REMARKS: All Criteria Met
NEW INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATION: 1221 W. Ford 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. Steve Cooreman, 4404 Technology Dr., South Bend, IN 46628
1.52759 Common Eider Trail – Water/Sewer (Key No.021-1038-061976/71-02-
23-400-084.000-029
Upon a motion by Joseph Molnar, seconded by Murray Miller 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
Laray Carter Contractor Approved 04/07/2022
Larson-Danielson Construction Co.,
Inc.
Contractor Released 05/01/2022
Graycor Industrial Constructors Inc. Excavation Approved 04/07/2022
Graycor Industrial Constructors Inc. Occupancy Approved 04/07/2022
Laray Carter Occupancy Approved 04/07/2022
Taino Properties LLC Occupancy Released 05/19/2022
Joseph Molnar made a motion that the bond’s approval and/or release as outlined above be
ratified. Murray 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:
REGULAR MEETING APRIL 26, 2022 111
Name Date Amount of Claim
City of South Bend Claims GBLN-34315, GBLN-
34617
04/07/2022 $409,814.21
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 Joseph Molnar, seconded by Murray Miller, and carried
by roll call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
Gary Gilot asked whether the policy on virtual attendance could be revised to apply the two
consecutive meeting virtual attendance limitation only to Regular Meetings where board action is
taken and not to the Agenda Review Sessions. Attorney McDaniels agreed to research the issue.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 9:54 a.m.
BOARD OF PUBLIC WORKS
May 10, 2022