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HomeMy WebLinkAbout07122022 Board of Public Works MeetingAGENDA REVIEW SESSION JULY 7, 2022 159 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on July 7, 2022, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot, Jordan Gathers (arrived virtually at 10.47 a.m.), 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. CHANGE ORDERS Project Engineer Finnian Cavanaugh was present to discuss item 5.A. the Coal Line Trail, Phase I. Mr. Cavanaugh noted that there are a lot of different line items included in this change order that includes some additional work. Change order fifteen (15) was an adjustment in the way items were paid that resulted in the avoidance of a charge that was brought to the city. The City is responsible for twenty percent (20%) of the cost which is broken down in the memo to the Board. Gary Gilot asked if it was a project controlled by INDOT, and Mr. Cavanaugh confirmed. REJECT BIDS AND QUOTATIONS Assistant City Engineer Leslie Biek was present to discuss item 4.B. the 2022 Community Crossings Road Rehabilitation. Ms. Biek explained that the bid is being rejected because it exceeded the project budget by double and because Milestone Contractors North Inc. stated that they could not complete the project by the required completion date of October 31, 2022. Ms. Biek explained that both Reith Riley and Milestone Contractors expressed interest if the completion date could be extended. Mr. Gilot asked if there were concerns about MWBE capacity for this project. Ms. Biek mentioned that Milestone Contractors did state their concerns about MWBE capacity in the letter to the Board with their bid, but they did submit MWBE documents. Murray Miller stated that Milestone Contractors were concerned about the availability of MWBE to contract work out to. Ms. Biek stated that sometimes they can hire people on to do the work, but they are not always available. Mr. Gilot noted that the Office of Diversity and Inclusion could possibly help grow some of the MWBE firms in our area. Mr. Gilot asked Attorney McDaniels if the engineers use the same bid document in the open market and they only adjust the timeline for the project completion deadline, would the project need to be rebid. Attorney Daniels recommended that if there were no time constraints, Engineering should rebid the project even if the only thing changing is the completion deadline because of the length of the planned completion deadline into 2023. Ms. Biek noted possible INDOT timing complications. Due to CCMG funding, INDOT requires a signed contract with a contractor by 8/19/22. If re-bidding, the soonest we could open bids is 8/9 and award on 8/23. President Maradik and Mr. Gilot stated that a special meeting could be called to accommodate, or the Board could take action at an agenda review session. President Maradik stated that Ms. Biek should speak with INDOT to see if the signed contract deadline date is flexible then include a request to advertise so that the project could be rebid. Mr. Gilot asked if the Board were to give contractors until August of 2023 to complete the project, would they hold the prices with no escalation to the City. Attorney McDaniels noted that she has seen vendors build pricing escalations into their contracts. Mr. Gilot advised that index pricing would benefit both sides and would allow for pricing to adjust up or down depending on the market. Mr. Gilot also noted that the project could be broken up to allow for flexibility in the project. AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Ms. Biek was present to discuss item 7.D. the Amendment No.1 to Owner-Engineer Agreement – A & Z Engineering, LLC. Ms. Biek explained that they would be putting a bump in the road between Dean Street and Sherwood Street where the road shifts slightly and cars are not shifting over which results in accidents with parked cars along the road. She noted that this is a zero-cost amendment. AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Mr. Gilot asked about item 7.B. Professional Services Agreement with Shive Hattery Architecture + Engineering. Mr. Gilot pointed out to Attorney McDaniels that they have a substantial section of their own terms and conditions inserted into the boilerplate contract that REGULAR MEETING JULY 12, 2022 160 favored them more than the City. He also noted that there were conflicting indemnification clauses. He asked that legal would look at it and decide on whether the rewriting of the contract would be permitted. Attorney McDaniels advised that she is seeing this a lot due to the volatility in the market. She noted that she would review the wording and where there are differences, she will indicate that our standard terms and conditions take priority over theirs. In the event there is a proposal, Attorney McDaniels stated that we do not sign their proposal, we only sign the agreement, so that our terms and conditions take priority of what they’ve tried to submit. OPENING BIDS VP Joseph Molnar asked about item 2.D. the East Bank Trail Over Leeper Avenue Bridge Repairs; specifically, when the project would be completed. Director of Public Works Eric Horvath stated that it is slated to be completed sometime in the fall. He noted that initially, people were upset, but now they understand that things take time. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 11:01 a.m. REGULAR MEETING JULY 12, 2022 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, July 12, 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 (absent), 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 Joseph Molnar, seconded by Murray Miller and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on June 23, and June 28, 2022, were approved. OPENING OF BIDS – FOUR WINDS FIELD PLAYER FACILITIES IMPROVEMENTS – PROJECT NO. 122-021 (PR-00016880) 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 bid was opened and publicly read: July 26, 2022 REGULAR MEETING JULY 12, 2022 161 GIBSON-LEWIS, LLC 1001 West 11th St. Mishawaka, IN 46544 GHicks@gl.nceusa.com Bid was signed by Mr. Robert A. Lingenfelter 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. Two of Two Addendum(s) Acknowledgement received. BASE BID TOTAL: $1,272,000.00 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above bids were referred to Public Works for review and recommendation. OPENING OF BIDS – 2022 CURB AND SIDEWALK, ROUND I – PROJECT NO. 122-001 (PR-00016964) 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. One of One Addendum(s) Acknowledgement received. BID: Division 1 $372,145.00 Division 2 $261,339.00 Division 3 $84,260.00 Division 4 $184,558.00 Division 5 $158,959.00 Total for Divisions $1,061,261.00 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: Division 1 No Bid Division 2 No Bid Division 3 $68,100.00 Division 4 $180,685.00 Division 5 $144,900.00 Total for Divisions 3-5 $393,685.00 SELGE CONSTRUCTION CO., INC. 2833 South 11TH St. REGULAR MEETING JULY 12, 2022 162 Niles, MI 49120 aswinehart@selgeconstruction.com Bid was signed by Mr. Robert Kuhns Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. One of One Addendum(s) Acknowledgement received. BID: Division 1 $409,707.75 Division 2 $267,309.50 Division 3 $93,140.00 Division 4 $250,277.00 Division 5 $147,747.25 Total for Divisions $1,168,181.50 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. One of One Addendum(s) Acknowledgement received. BID: Division 1 $416,524.00 Division 2 $242,964.70 Division 3 $94,259.00 Division 4 $192,005.00 Division 5 $142,115.50 Total for Divisions $1,087,868.20 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above bids were referred to Public Works for review and recommendation. OPENING OF BIDS – SOUTH WELL FIELD BACKWASH LINE RELOCATION – PROJECT NO. 117-059C (PR-00017366) 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 Bid was opened and publicly read: HRP CONSTRUCTION, INC. 5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266 cindyv@hrpconstruction.com Bid was signed by Mr. Matthew D. Cain 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. BASE BID TOTAL: $312,508.00 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above bids were referred to Public Works for review and recommendation. OPENING OF BIDS – NEXUS CENTER SITE IMPROVEMENTS – PROJECT NO. 121-064 (PR-00017411) 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 JULY 12, 2022 163 Since there were no bids received, following the City’s procurement policy staff can go to open market or adjust and rebid. OPENING AND AWARD OF QUOTATIONS – APPROVE CONTRACT – AUTEN ROAD HYDRANT RELOCATIONS – PROJECT NO. 122-036 (PR-00017998) Mr. Zach Hurst, Engineering, advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotation was opened and read: SELGE CONSTRUCTION CO., INC. - AWARDEE 2833 South 11TH St. Niles, MI 49120 aswinehart@selgeconstruction.com Quotation was submitted by Mr. Robert Kuhns Non-Collusion, Non-Discrimination Affidavit Form was completed. QUOTATION: $24,325.00 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotation was referred to Public Works for review and recommendation. After reviewing the quotation, Mr. Hurst recommended that the Board award the contract to the lowest responsive and responsible bidder, Selge Construction Company Inc., in the amount of $24,325. Therefore, VP Joseph Molnar made a motion that the recommendation be accepted, the quotation awarded, and the contract approved as outlined above. Murray Miller seconded the motion and carried by roll call. OPENING OF QUOTATIONS – PLAZA PARK IMPROVEMENTS – PROJECT NO. 122-047 (PR-00017758) President Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotation was opened and read: ACORN LANDSCAPING LLC 3680 W. Sample St. South Bend, IN 46619 rebecca.matthys03@gmail.com Quotation was submitted by Mr. Jeff Ritschard Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. QUOTATION: Base Bid $132,622.78 Alternate Quote $29,555.00 Base Bid Plus Alternates Total $162,177.78 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotations were referred to Public Works and VPA for review and recommendation. OPENING OF QUOTATIONS – 2022 SIGNAL KNOCK DOWN AND WIRING INVESTIVAGATION AND REPAIR – PROJECT NO. 122-046 (412-431000) President Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotation was opened and read: JBL SIGNALS AND LIGHTING LLC 4316 Technology Dr. South Bend, IN 46628 tannerl@jblsignalsandlighting.com Quotation was submitted by Mr. Tanner Leibovitz Non-Collusion, Non-Discrimination Affidavit Form was completed. QUOTATION: $9,211.00, Unit Pricing (20), On-Call NTE $50,000 REGULAR MEETING JULY 12, 2022 164 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotations were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – 2022 BRICK RESTORATION – PROJECT NO. 122-009 (PR-00017954) President Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotations were opened and read: ACORN LANDSCAPING LLC 3680 W. Sample St. South Bend, IN 46619 rebecca.matthys03@gmail.com Quotation was submitted by Mr. Jeff Ritschard Non-Collusion, Non-Discrimination Affidavit Form was completed. QUOTATION: $145,250.00 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotations were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – 2022 CONTRACTED MICROSURFACING (PR-00017892) President Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotations were opened and read: ASPHALT RESTORATION SERVICES LLC PO Box 2484 South Bend, IN 46680 arsllc@comcast.net Quotation was submitted by Mr. Jamie Brown Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were submitted. QUOTATION: $108,572.50 NATIONAL PAVEMENT MAINTENANCE 1928 n. Campbell Ave. Indianapolis, IN 46218 gnewman12345@gmail.com Quotation was submitted by Mr. Gary Newman Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. QUOTATION: $72,910.00 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotations were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – 2022 CONTRACTED CRACK SEALING (PR-00017891) President Maradik advised that this was the date set for the receiving and opening of sealed quotations for the above referenced project. The following quotation was opened and read: ASPHALT RESTORATION SERVICES LLC PO Box 2484 South Bend, IN 46680 arsllc@comcast.net Quotation was submitted by Mr. Jamie Brown Non-Collusion, Non-Discrimination Affidavit Form was completed. QUOTATION: Item No. 1 $20.000.00 Item No. 2 $72,000.00 Total Quote Amount $92,000.00 REGULAR MEETING JULY 12, 2022 165 Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above quotations were referred to Public Works for review and recommendation. APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS – 2022 VPA ATHLETIC COURTS RENOVATIONS, PHASE II – PROJECT NO. 121-033AR (PR-00015677) In a memorandum to the Board, Mr. Zach Hurst, Engineering, requested permission to reject the bid due to it exceeding the project budget from Milestone Contractors North, Inc. for the above referenced project and requested to re-advertise. Therefore, upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS – 2022 COMMUNITY CROSSINGS ROAD REHABILITATION – PROJECT NO. 122-024 (PR-00016955) In a memorandum to the Board, Ms. Leslie Biek, Engineering, requested permission to reject the bid from Milestone Contractors North, Inc. for the above referenced project due to the MWBE goals were not met and will be re-advertised and re-scoped for re-bid to accommodate the new budget limitations. Therefore, upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above request was approved. APPROVE CHANGE ORDER NOS. 4-7 AND 9-15 – COAL LINE TRAIL, PHASE I – (DES#1401810) PROJECT NO. 115-063 (PR-00017412) President Maradik advised that Mr. Finnian Cavanaugh, Engineering, has submitted change order numbers 4-7 and 9-15 on behalf of Indiana Department of Transportation, LaPorte District Contractor (Selge Construction Co., Inc.), indicating the contract amount be increased by $68,665.95 for a new contract sum, including this change order, in the amount of $1,871,262.80 in an amount to be paid by City not to exceed $29,921.77. Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 6 – SEITZ PARK RECONSTRUCTION, PHASE I – PROJECT NO. 117-093A (PO-0006342) President Maradik advised that Ms. Kara Boyles, Engineering, has submitted change order number 6 on behalf of Ziolkowski Construction, Inc., 4050 Ralph Jones Dr., South Bend, IN 46628, indicating the contract amount be increased by $609,257 with additional forty-one (41) days for a new contract sum, including this change order, in the amount of $8,035,679.78 and the completion date is to be determined. Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the change order was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – MUESSEL GROVE PARK RESTROOM – PROJECT NO. 118-099R2 (PR-00017964) In a memorandum to the Board, Mr. Zach Hurst, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Therefore, upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above request was approved. 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 Owner- Engineer Agreement American Structurepoint, Inc. Additional Services for Seitz Park Retaining Wall Project No. 121-079 $10,000; New Contract Total $43,400 (PO-0013274) Joseph Molnar /Murray Miller Professional Services Agreement Shive-Hattery Architecture + Engineering Design Services for Programming and Schematic to Develop Site Plan and Floor Plan for New Fire Station No. 8 Project No. 122-034 $62,341 (PR-00017945) Joseph Molnar /Murray Miller *Gary Gilot noted that only the EJCDC contract should be signed by the REGULAR MEETING JULY 12, 2022 166 Board. Local Roads and Bridges Matching Grant Agreement Indiana Department of Transportation –Local Public Agency 2022 Community Crossings Road Rehabilitation Project No. 122-024 Up to $1,000,000 (50% State / 50% Local Cost Share) (Fund 265) Joseph Molnar /Murray Miller Amendment No. 1 to Owner- Engineer Agreement A&Z Engineering, LLC Additional Survey and Design Services for Main St. Bump between Dean St. and Sherwood St. Project No. 122-024 N/A Joseph Molnar /Murray Miller APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried Art Beat 2022 Street Closure for Special Event August 20, 2022; 6:00 a.m. to 10:00 p.m. E.Wayne St. at Dr. Martin Luther King Jr. Blvd. to E. Jefferson Blvd. from E.Wayne St. to St. Louis Blvd., St. Louis Blvd. from E. Jefferson Blvd. to E. Wayne St. Joseph Molnar /Murray Miller Back to School Parade/Boogie Street Closure for Special Event August 20, 2022; 8:00 a.m. to 6:00 p.m. Intermittent Closures on W. Washington St. from S. Summit Dr. to S. Lake St. until 10:00 a.m. W. Washington St. from S.Iowa St. to S. Falcon St. 10:00 a.m. To 6:00 p.m. Joseph Molnar /Murray Miller E. Washington Block Party Street Closure for Special Event July 23, 2022; 10:00 a.m. to 8:00 p.m. E. Washington St. between S. Sunnyside Ave. and S. Jacob St. Joseph Molnar /Murray Miller 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 rights 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. 52063 Cloverleaf Dr. – Water/Sewer (Key No.002-1015-030550) Upon a motion by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the consents to annexation and waivers of rights 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 REGULAR MEETING JULY 12, 2022 167 Craft Masters Global LLC Contractor Approved 06/24/2022 Craft Masters Global LLC Occupancy Approved 06/24/2022 EFM Excavating, Inc. Excavation Released 07/11/2022 Larson-Danielson Construction Co., Inc. Occupancy Approved 06/22/2022 Indiana Michigan Power Company Occupancy Released 07/19/2022 VP 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 VP Joseph 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-38800, GBLN- 38878 06/21/2022 $1,697,891.64 City of South Bend Claims GBLN-39103, GBLN- 39104 06/27/2022 $668,032.20 City of South Bend Claims GBLN-39102, GBLN- 39157 06/27/2022 $1,482,994.74 City of South Bend Claims GBLN-39155 06/28/2022 $1,473,387.12 City of South Bend Claims GBLN-39258, GBLN- 39529 06/30/2022 $969,282.10 City of South Bend Claims GBLN-39238, GBLN- 39239 06/30/2022 $76,674.02 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 Joseph Molnar, seconded by Murray Miller, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:03 am. July 26, 2022