HomeMy WebLinkAbout11222022 Board of Public Works MeetingAGENDA REVIEW SESSION NOVEMBER 17, 2022 254
The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on November 17, 2022, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot (absent), Jordan Gathers (absent), Murray Miller, and Board
Attorney Michael Schmidt 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 ORDER Project Engineer Finnian Cavanaugh was present to discuss item 5.C: Lincoln Way West and Olive Streetscape. He noted that this is the third and final change order and Engineering is ready to close this project out. Mr. Cavanaugh added that there are time and cost additions to the project. There was additional pavement removal and a pole knocked down that needed to be
replaced. The time increase had to do with several conflicts that pushed it into the winter of last
year. The project was supposed to be completed in fall 2021 but was completed in spring 2022. The contractor did their due diligence in winterizing the project and getting back out there to finish in the spring so that is why Engineering warranted the extension. Mr. Miller asked how the MWBE goals were determined. Mr. Cavanaugh said he would confirm before the project completion affidavit comes through.
REQUEST TO ADVERTISE
Project Engineer Finnian Cavanaugh was present to discuss item 7.A: 2022 Curb and Sidewalk Construction- Round II, Divisions 1-5. Mr. Cavanaugh stated that this RTA will be similar to Round I, with the divisible bids. On the financial side, there will be separate purchase requisitions for each division as well as separate contracts for each division.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Assistant City Attorney Jenna Throw was present to discuss item 9.B: Temporary Access Agreement. Attorney Throw was having technical difficulties, so President Maradik and Attorney Schmidt explained that the temporary access agreement is to allow the contractors access while installing a fence at Drewry Brewery next to Meussel Grove Park. The access
agreement is to recognize the Board of Park Commissioner’s concerns of the sensitivity of the
park area and to manage and monitor the contractor to ensure that the park is not damaged. Project Engineer Zach Hurst will be taking the lead on the inspection to provide additional oversight to ensure the park property is being maintained with any damage done being repaired by the contractor.
AWARD BIDS AND APPROVE CONTRACTS VP Molnar was present to discuss item 4. B: Sale of City-Owned Property at 205 S. Illinois Street. VP Molnar noted that Jonathan Solis Hernandez and Maria A. Chanon are the adjacent property owners and were the only bidder and requested that the property be put up for bid.
RESOLUTIONS VP Molnar was present to discuss item 8.B: the Transfer of Real Property to the South Bend Board of Park Commissioners for six (6) properties for the Martin Luther King Community Center Campus. This is part of the MLK Dream Center Project. Of the twenty-eight (28)
parcels, six (6) of them are still in the Board of Public Works ownerships. The Board of Parks
Commissioners had asked for the remaining six (6) parcels to be transferred so they are all under one ownership, so they can apply for a grant to help build the new MLK Center that is in the works.
CHANGE ORDERS
President Maradik asked about item 5. B: 2022 Biosolids Trucking for Land Applications Annual Contract with Trucks R Us, noting that there is not a percent change listed, but added that it is higher at close to thirty percent (30%). President Maradik wanted to be sure that it’s been reviewed and that Legal is comfortable with the documentation in the file in case the City is audited by the State Board of Accounts.
Attorney Schmidt advised that this item may be tabled but is waiting to speak with Kim Thompson and Assistant City Engineer Jacob Klosinski. He added that there are two things going on with this item. First, the Board approved the hourly rate of $145 per truck an hour, but a
AGENDA REVIEW SESSION NOVEMBER 17, 2022 255
requisition was placed for how much money was in the budget at the time, so what the Board approved and the accounting for it differed. Secondly, there needs to be the determination of whether this is a public work or a service. He also noted that this item also impacts item 9.C:
Ratify Open Market Contract for Trucks R Us since they are related.
Mr. Miller asked if items will no longer be bid if they are not considered public works projects, because they always have been. Attorney Schmidt advised that change was made when they overhauled the systems and determined what needed to come to Board of Public Works and what
did not. The Board used to approve a variety of service agreements that were going through the City which equated to about fifteen (15) agreements per meeting. The City then looked at the state law and determined what the Board of Public Works really needs to approve. It was determined that service contracts do not need to be approved by the Board, but by a City buyer. Attorney Schmidt added that he will need to speak to Ms. Tompson and Mr. Klosinksi before he
can determine if this is a service.
Mr. Miller asked if it would take away the MWBE goals. Attorney Schmidt added that he would look into it and let him know. Mr. Miller added that the reason they were able to go out to the open market is because the bidder did not meet the MWBE goals. Attorney, Schmidt advised that
as the Board discussed a couple of meetings ago that no public work project would be able to go out to the open market.
TRAFFIC CONTROL DEVICES
President Maradik noted that item 11.D. was back on the agenda after being tabled for the
honorary street signs for Harold Brazier. The file includes new signatures, and the number of signs has been reduced to four (4) rather than eight (8).
PROJECT COMPLETION AFFIDAVIT
Mr. Miller asked if item 6.A: 2021 Contractor Paving Round III includes any goals or if there
was a waiver issued. Attorney Schmidt replied that he would need to look into it and would meet with Mr. Miller after the meeting to discuss.
PRIVILEGE OF THE FLOOR
Project Engineer Scott Kreeger was present to discuss an item that was not on the agenda
review’s agenda but would be on Tuesday’s regular meeting agenda regarding the School Zone Flashing Beacon final inspection and recommendation for acceptance of the project. He explained that this is part of the closeout process since we are going through the steps of getting documentation to INDOT. The inspection was done on October 12, 2022, and that there were a
few items listed that needed to be corrected. Mr. Kreeger explained that this is a formality for
INDOT to get signatures and close the project out.
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:49 a.m.
December 13, 2022
REGULAR MEETING NOVEMBER 22, 2022 256
REGULAR MEETING NOVEMBER 22, 2022
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, November 22, 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 9:45 a.m.), Murray Miller, and Board Attorney Michael Schmidt, 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 Privilege of the Floor.
APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on November 3, and November 8, 2022, were approved. Mr. Gathers was not present for roll call.
PUBLIC HEARING - AB REFLEXOLOGY & MASSAGE LLC President Maradik advised that this was the date set for the Board’s Public Hearings concerning license applications for AB Reflexology & Massage LLC at 2614 S. Michigan St.. It was noted favorable recommendations were received from St. Joseph County Health Department, Police
and Fire Departments, Community Investments, and the Zoning Department. There being no one
else present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, they were approved. Mr. Gathers was not present for roll call.
PUBLIC HEARING - SOUL FIRE YOGA LLC
President Maradik advised that this was the date set for the Board’s Public Hearings concerning license applications for Soul Fire Yoga LLC at 2314 E. Mishawaka Ave. It was noted favorable recommendations were received from St. Joseph County Health Department, Police and Fire Departments, Community Investments, and the Zoning Department. There being no one else present wishing to address the Board concerning this matter, the Public Hearing was closed.
Therefore, upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call,
they were approved. Mr. Gathers was not present for roll call.
OPENING OF BIDS – WASTEWATER TREATMENT PLANT MASONRY IMPROVEMENTS AT BUILDING 5 – PROJECT NO. 121-046R (PR-00018587)
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:
SLATILE ROOFING AND SHEET METAL CO., INC. 1703 S. Ironwood Dr.
South Bend, IN 46613
debra.carothers@slatile.com; gerald.longerot@slatile.com
Bid was signed by Mr. Gerald Longerot
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: Base Bid Total *$135,000.00
Base Bid Total $467,600.00
Alternate #1 Total $3,800.00
Alternate #2 Total $12,000.00
Alternate #3 Total $6,800.00
Alternate #4 Total $35,000.00
*Error noted by Board Attorney in reading of Base Bid Total.
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UNIT PRICING Item No. Description Unit Add Deduct
8 Brick Masonry Repointing per sf $25 $25
9 Brick Replacement per
unit
$35 $20
10 Glass Block Replacement per
unit
$80 $80
11 Limestone Replacement per sf $45 $30 12 22’-0” Steel Lintel Replacement per unit $3,800 $3,800
ZIOLKOWSKI CONSTRUCTION, INC.
4050 Ralph Jones Dr. South Bend, IN 46628 lmarker@zbuild.com Bid was signed by Mr. Jason Watts
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:
Base Bid Total $434,437.00
Alternate #1 Total $9,850.00
Alternate #2 Total $13,500.00
Alternate #3 Total $20,250.00
Alternate #4 Total $14,500.00
UNIT PRICING
Item
No.
Description Unit Add Deduct
8 Brick Masonry Repointing per sf $21 $20
9 Brick Replacement per unit $30 $28
10 Glass Block Replacement per unit $40 $37
11 Limestone Replacement per sf $50 $46
12 22’-0” Steel Lintel Replacement per unit $3,960 $3,910
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Public Works for review and recommendation. Mr. Gathers was not present
for roll call.
OPENING OF BIDS – WASTEWATER TREATMENT PLANT FINAL CLARIFIERS 1-3 IMPROVEMENTS – PROJECT NO. 119-069B (PR-00019850) 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:
BOWEN ENGINEERING CORPORATION 8802 N. Meridian St.
Indianapolis, IN 46260
rlee@bowenengineering.com Bid was signed by Mr. John Dettman 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: $12,385,000.00
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Engineering for review and recommendation. Mr. Gathers was not present
REGULAR MEETING NOVEMBER 22, 2022 258
for roll call.
OPENING OF BIDS – NEIGHBORHOOD INFRASTRUCTURE - LONGFELLOW AVE. & SOUTH ST. INTERSECTION – PROJECT NO. 121-048B (PR-00019884)
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.
BASE BID TOTAL: $475,500.00
HRP CONSTRUCTION INC. 5777 Cleveland Rd., PO Box 266 South Bend, IN 46624 mattc@hrpconstruction.com; 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: $477,990.00
RIETH-RILEY CONSTRUCTION CO., INC.
25200 State Road 23 South Bend, IN 46614 ralvarado@rieth-riley.com; dsauer@rieth-riley.com Bid was signed by Mr. Jacob K. Kwilasz 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: $440,352.71
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Public Works and Community Investment for review and recommendation. Mr. Gathers was not present for roll call.
OPENING OF BIDS – NEIGHBORHOOD INFRASTRUCTURE - FORD ST. & WALNUT ST. INTERSECTION – PROJECT NO. 121-048C (PR-00019886) 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:
RIETH-RILEY CONSTRUCTION CO., INC.
25200 State Road 23
South Bend, IN 46614
ralvarado@rieth-riley.com; gvanparys@rieth-riley.com
Bid was signed by Mr. Jacob K. Kwilasz
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.
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BASE BID TOTAL: $565,111.23
HRP CONSTRUCTION INC. 5777 Cleveland Rd., PO Box 266 South Bend, IN 46624 mattc@hrpconstruction.com; 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.
Two of Two Addendum(s) Acknowledgement received.
BASE BID TOTAL: $494,990.00
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.
Two of Two Addendum(s) Acknowledgement received.
BASE BID TOTAL: $442,523.00
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Public Works and Community Investment for review and recommendation. Mr. Gathers arrived at 9:45 a.m. before the bids for this item were read, so he was present for roll call.
AWARD BID AND APPROVE CONTRACT – NEIGHBORHOOD INFRASTRUCTURE - RIVERSIDE DR. AND LELAND AVE. – PROJECT NO. 121-048A-R (PR-00018294) Ms. Leslie Biek, Engineering, advised the Board that on October 11, 2022, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Biek recommended that the Board award the contract to the lowest responsive and responsible bidder, Milestone
Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614, in the amount of $824,000. Therefore, VP Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Miller seconded the motion, which carried by roll call.
AWARD BID – SALE OF CITY-OWNED PROPERTY – 205 S. ILLINOIS ST. Mr. Joseph Molnar, Community Investment, advised the Board that on November 8, 2022, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Molnar recommended that the Board award the contract to the lowest responsive and responsible
bidder, Jonathan Solis Hernandez and Maria A. Chanon, 209 S. Illinois St., South Bend, IN
46619, in the amount of $3,300 with associated fees the total amount of $3,456. Therefore, VP Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Miller seconded the motion, which carried by roll call.
APPROVE CHANGE ORDER NO. 1 – EAST BANK TRAIL OVER LEEPER AVE. BRIDGE REPAIRS – PROJECT NO. 121-075 (PO-0018559) President Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order number 1 on behalf of Milestone Contractors North, Inc., 24358 State Road 23, South Bend, IN 46614, indicating the contract amount be decreased by $4,095 for a new contract sum, including
this change order, in the amount of $185,584. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved.
APPROVE CHANGE ORDER NO. 1 – 2022 BIOSOLIDS TRUCKING FOR LAND APPLICATIONS ANNUAL CONTRACT – PROJECT NO. 122-031 (PO-0017502)
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President Maradik advised that Mr. Jacob Klosinski, Engineering, has submitted change order number 1 on behalf of Trucks R Us, 23300 State Road 23, South Bend, IN 46614, indicating the contract amount be increased by $29,700 (On-Call $145 Per Truck, Per Hour, Unit Price) for a
new contract sum, including this change order, in the amount of $134,700 and the contract expires on 12/31/2022. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 4 – WASTEWATER TREATMENT PLANT FINAL
CLARIFIERS 4-5, AERATION TANKS 1-4, & DISINFECTION IMPROVEMENTS – PROJECT NO. 119-069A (PO-0005021) President Maradik advised that Mr. Jacob Klosinski, Engineering, has submitted change order number 4 on behalf of Bowen Engineering Corporation, 8802 N. Marian St., Indianapolis, IN 46260, indicating the contract amount be increased by $10,320 with an additional seventy (70)
days for a new contract sum, including this change order, in the amount of $4,485,905.23 with a new completion date of November 3, 2022. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 3 (FINAL) – LINCOLN WAY WEST AND OLIVE
STREETSCAPE – PROJECT NO. 119-108 (PO-0009634) President Maradik advised that Mr. Finnian Cavanaugh, Engineering, has submitted change order number 3 (final) on behalf of Rieth-Riley Construction Co. Inc., 25200 State Road 23, South Bend, IN, 46614, indicating the contract amount be increased by $47,735.96 with an additional one hundred eighteen (118) days for a new contract sum, including this change order,
in an amount not to exceed $1,849,784.74 with a new completion date of June 18, 2022. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 1 – NORTH WATER TREATMENT PLANT IMPROVEMENTS – PROJECT NO. 119-001 (PO-0016353) President Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted change order number 1 on behalf of Bowen Engineering Corporation, 8802 N. Meridian St., Indianapolis, IN 46260, indicating the contract amount be increased by $14,513 with an additional two hundred &
sixty (260) days for a new contract sum, including this change order, in the amount of
$3,596,513 with a new completion date of June 2, 2023. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved.
APPROVE CHANGE ORDER NO. 1 – DUBAIL AVENUE STREETSCAPE – PROJECT NO.
120-009 (PO-0011413)
President Maradik advised that Ms. Charlotte Brach, Engineering, has submitted change order number 1 on behalf of Rieth-Riley Construction Co. Inc., 25200 State Road 23, South Bend, IN, 46614, indicating the contract amount be increased by $40,773 with an additional one hundred seventy-two (172) days for a new contract sum, including this change order, in the amount of $1,645,315.35 with a new completion date of November 15, 2022. Upon a motion made by VP
Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT
– 2022 BRICK PAVEMENT SPOT REPAIR – PROJECT NO. 122-009 (PO-0017969)
President Maradik advised that Mr. Toy Villa, Engineering, has submitted change order number 1 (final) on behalf of Acorn Landscaping LLC, 3680 W. Sample St., South Bend, IN 46619, indicating the contract amount be increased by $28,323.30 for a new contract sum, including this change order, of $173,573.30. Also submitted was the project completion affidavit indicating this
new final cost of $173,573.30. Upon a motion made by VP Molnar, seconded by Mr. Miller and
carried by roll call, change order number 1 (final) and the project completion affidavit were approved. APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT
– 2022 BRICK SPOT REPAIRS – PROJECT NO. 122-055 (PO-0017960) President Maradik advised that Mr. Toy Villa, Engineering, has submitted change order number 1 (final) on behalf of Acorn Landscaping LLC, 3680 W. Sample St., South Bend, IN 46619, indicating the contract amount be increased by $4,239.30 for a new contract sum, including this change order, of $25,979.30. Also submitted was the project completion affidavit indicating this
new final cost of $25,979.30. Upon a motion made by VP Molnar, seconded by Mr. Miller and
REGULAR MEETING NOVEMBER 22, 2022 261
carried by roll call, change order number 1 (final) and the project completion affidavit were approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – 2021 CONTRACTOR PAVING, ROUND III – PROJECT NO. 121-049 (PO-0010341) President Maradik advised that Mr. Toy Villa, Engineering, has submitted the project completion affidavit on behalf of Rieth Riley Construction Co. Inc., 25200 State Road 23, South Bend, IN, 46614, for the above referenced project, indicating a final cost of $1,233,256.59. Upon a motion
made by VP Molnar, seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – AIRPORT ANNEXATION AREA
WATER MAIN EXTENSION – PROJECT NO. 120-026 (PO-0013841) President Maradik advised that Mr. Jacob Klosinski, Engineering, has submitted the project completion affidavit on behalf of G.E. Marshall, Inc., 1351 Joliet Rd., Valparaiso, IN 46385, for the above referenced project, indicating a final cost of $237,456.10. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the project completion affidavit was
approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – STUDEBAKER NATIONAL MUSEUM ROOF RESTORATION AND REPLACEMENT – PROJECT NO. 122-030 (PO-0016907)
President Maradik advised that Mr. Toy Villa, Engineering, has submitted the project completion
affidavit on behalf of Slatile Roofing & Sheet Metal Company, Inc., 1703 S. Ironwood Dr., South Bend, IN 46613, for the above referenced project, indicating a final cost of $230,612. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – 2022 CURB AND SIDEWALK CONSTRUCTION, ROUND II, DIVISIONS 1-5 – PROJECT NO. 122-044 (PR-00020496) In a memorandum to the Board, Mr. Finnian Cavanaugh, Engineering, 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. Miller and carried by roll call, the above request was approved.
ADOPT RESOLUTION NO. 56-2022 – 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. Miller and carried by roll call, the
following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 56-2022
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 KEITH WALKER retired effective November 10th, 2022 from the South Bend Police Department after twenty (20) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal
property which is no longer needed by the City and which is unfit for the purpose for which it
was intended; NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that handgun Serial No. NDT6845, 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).
REGULAR MEETING NOVEMBER 22, 2022 262
BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 22nd day of November, 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. 57-2022 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF REAL
PROPERTY TO THE SOUTH BEND BOARD OF PARK COMMISSIONERS Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 57-2022
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND APPROVING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND BOARD OF PARK COMMISSIONERS
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”)
has custody of 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 Board of Park Commissioners (the “Park Board”) exists and operates pursuant to Ind. Code 36-10-3 and 36-10-4; and
WHEREAS, the Board holds certain real property located in the City and comprising a
portion of the land and improvements known as Martin Luther King, Jr. Community Center,
as more particularly described on Exhibit A (the “Property”); and
WHEREAS, the Park Board desires to obtain the Property for park purposes; and
WHEREAS, the Park Board will adopt a Resolution accepting the BPW’s transfer of
the
Property in accordance with Ind. Code 36-10-3-18(a); and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND AS FOLLOWS:
1.The Board approves the conveyance of the Property to the Park Board inaccordance with Indiana Code Section 36-1-11-8.
2.The President and Clerk of the Board are authorized and instructed to executeand attest, respectively, a quit claim deed in the form attached hereto as Exhibit B conveying all of the Board’s right, title, and interest in the Property to the Park Board.
3.The Board authorizes Joseph Molnar of the City’s Department of CommunityInvestment to present for recordation in the Office of the Recorder of St. Joseph County, Indiana, the deed conveying the Property to the Park Board, as well as to execute any other document necessary to affect the Board’s conveyance to the Park Board.
REGULAR MEETING NOVEMBER 22, 2022 263
4.This Resolution will be in full force and effect upon its adoption by the Board.
ADOPTED at a meeting of the Board of Public Works of the City of South Bend,
Indiana, held on November 22, 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
Two (2) Easements AEP Indiana
Michigan Transmission Company, Inc.
Ameriplex Extensions on
City-Owned Properties at South of Nimtz Pkwy., West of US 31 and South of Adams Rd., West of US 31
$67,850; Total
for Both - City to be Paid by AEP
VP Molnar / Mr. Miller
Temporary
Access
Agreement
Board of Park
Commissioners
Purpose of Construction
Work to Replace Fence at
1100 Wilbur St. until December 16, 2022
N/A VP Molnar /
Mr. Miller
Amendment
No. 3 to Supervisory Services
Agreement
Redevelopment
Commission
Extends and Identifies
Positions and Payment of Salaries through 2025
N/A Mr. Miller / Mr. Gathers *VP Molnarabstained
Amendment No. 5 to Engineering
Services Agreement
Redevelopment Commission Extends and Identifies Positions and Payment of Salaries through 2025
N/A VP Molnar / Mr. Miller
Amendment No. 1 to Professional Services
Agreement
McCormick Engineering, LLC
On-Call Design Services for 2022 McCormick Stormwater Infrastructure Improvements Project No.
122-016
NTE Increase $63,818; New Total $183,478
(Hourly) (PO-0013838)
VP Molnar / Mr. Miller
Recommendat ion for Acceptance
Michiana Contracting, Inc.
Additional Five (5) Flashing Beacons for Replacement and
Knockdowns Project No. 117-075; AdditionalSeven (7) Days withOctober 11, 2022Completion Date
$1,038,566.36
(Final)
(PR-00019568)
VP Molnar / Mr. Miller
APPROVAL OF LICENSE AND PERMIT APPLICATIONS
The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried
March for Life Street Closure for January 20, E.Washington St. to VP Molnar /
REGULAR MEETING NOVEMBER 22, 2022 264
2023 Special Event 2023; 11:30
a.m. to 1:00
p.m.
E. Jefferson Blvd. toS.Main St.Mr. Miller
St. Margaret’s
House Winter
Walk
Street Closure for
Special Event
February 19, 2023; 2:30 p.m. to 4:00p.m.
Lafayette Blvd. to
LaSalle Ave., W.
Western Ave. to W. Wayne St. to Lafayette Blvd. to St. Margaret’s House
VP Molnar /
Mr. Miller
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the
following traffic control device request was approved:
NEW INSTALLATION: Three (3) No Stopping, Standing or Parking Signs LOCATION: 1717 W. Ireland Rd.
REMARKS: All Criteria Met
NEW INSTALLATION: Seventy-Three (73) No Parking This Side of Street Signs LOCATION: Successful Solid Waste Program to Remedy Trash Pick-Up
Issues REMARKS: All Criteria Met. Mr. Miller asked if the neighbor’s concerns were resolved. Deputy Director Jitin Kain responded that there was a pilot that asked residents to park on the same side of the street so
the trash trucks could get down the road to pick them up on the opposite side of the parked vehicles. When the pilot ended, people were confused on how to proceed. A recent letter was mailed out letting the residents know to continue as they did in the pilot. Assistant City Engineer added that
there were customer concerns before the pilot started but they dwindled once the pilot began.
REMOVAL: Handicapped Accessible Parking Space Sign LOCATIONS: 114 E. Donald St.
122 N. Meade St. 133 E. Ewing Ave. 217 E. Fairview Ave. 745 S. 35th St. 1001 N. Johnson St.
1136 Sorin St.
1152 E. Ewing Ave.
1209 Miner St. 1224 Dunham St. 1812 Pulaski St.
2309 Roger St. 2317 Roger St. 3206 Revere Pl. REMARKS: All Criteria Met
NEW INSTALLATION: Four (4) Honorary Street Signs – Harold Brazier Blvd.
LOCATION: Sample St. & Fellows St.
Broadway St. & Fellows St. Ewing Ave. & Fellows St. St. Joseph & Broadway 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 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
REGULAR MEETING NOVEMBER 22, 2022 265
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. Michael O’Malley, 20196 Jackson Rd., South Bend, IN 466141. 20196 Jackson Rd. – Sewer (Key No.71-08-35-226-007.000-001)
Upon a motion by VP Molnar, seconded by Mr. 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
Knoebel Construction, Inc. Contractor Approved 11/07/2022 Kaser Concrete Contractors Inc. Contractor Released 11/26/2022
Aaron Lucas Trucking & Grading Excavation Approved 10/21/2022
Knoebel Construction, Inc. Excavation Approved 11/07/2022
Midwest Underground Technology, Inc. Excavation Released 11/18/2022
Midwest Underground Technology, Inc. Occupancy Released 11/18/2022
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified.
Mr. Miller seconded the motion, which carried by roll call.
RATIFY PREAPPROVED CLAIMS PAYMENTS
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-46813 11/01/2022 $1,232,636.18
City of South Bend Claims GBLN-46509, GBLN- 46424, GBLN-46964 11/01/2022 $1,217,018.06
City of South Bend Claims GBLN-47100 11/08/2022 $2,734,761.87
City of South Bend Claims GBLN-46999, GBLN- 47029 11/09/2022 $722,620.95
City of South Bend Claims GBLN-47137, GBLN- 47123 11/09/2022 $5,010.24
City of South Bend Claims GBLN-47531, GBLN-
47542
11/15/2022 $1,024,396.81
City of South Bend Claims GBLN-47320 11/15/2022 $14,312,459.45
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. 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 10:11 a.m.
BOARD OF PUBLIC WORKS
REGULAR MEETING NOVEMBER 22, 2022 266
December 13, 2022