HomeMy WebLinkAbout01242023 Board of Public Works MeetingAGENDA REVIEW SESSION JANUARY 19, 2023 10
The Agenda Review Session of the Board of Public Works was convened at 10:32 a.m. on January 19, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and
Board Members Gary Gilot, 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. AGENDA REVIEW SESSION ACTION ITEMS
OPENING OF BIDS – 2023 WATER UTILITY SERVICE LINE REPAIR PROGRAM This was the date set for receiving applications 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 Application was publicly read:
BOB FRAME PLUMBING SERVICES, INC. 2442 Jaclyn Court South Bend, IN 46614 Carol@frameplumbing.com
Application was signed by Mr. Tyler M. Frame
Non-Collusion, Non-Discrimination Affidavit Form was completed. Contractors Bond of $25,000 received. APPLICATION RECEIVED
Board President Elizabeth Maradik noted that the bid opening for this item took place at the January 10, 2023 meeting, but this item was accidentally not placed into the bid folder to be read at that meeting. Board Attorney Michael Schmidt noted that the inclusion of this bid did not negatively impact any other submissions.
Upon a motion made by VP Joseph Molnar, seconded by Murray Miller and carried by roll call, the above bid was referred to Engineering for review and recommendation. Board members discussed the following item(s) from the agenda.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Mr. Miller inquired about item 6.B: Open Market Contract with R. Yoder Construction, Inc. He asked about the process of open market contracts since there was a recent change to how these
are awarded. Attorney Schmidt advised that this item went out to bid prior to him becoming the
Board attorney. At the time, the Board took action at the recommendation of the legal counsel at that time and the Board approved going to open market for this project. The engineering team proceeded with that directive, and it is just now being awarded. Attorney Schmidt continued to explain that his viewpoints are the same that he does not agree that this should have gone to open
market, however, he did not think it was appropriate to go in and change the direction that the
Board took under the advisement of the prior legal counsel on an open matter. President Maradik added that there may still be a few more that will be coming to the Board that were previously approved.
Mr. Miller asked for clarification about how the MWBE goals were not met but the contractors
were given an MWBE goal waiver. He also noted that the effort was minimal and there is not a lot of documentation in the file. Attorney Schmidt advised that he would look into it before Tuesday’s meeting and would also look to see what the direction of the Board was, but to his recollection, open markets would still attach the goals. He will also check to see if the Office of
Diversity and Inclusion (ODI) weighed in. Mr. Miller stated that ODI did weigh in and they said the efforts were minimal but still gave an MWBE waiver. Attorney Schmidt referred to some old email communication which clarified that R. Yoder Construction posted their job on a website and listed all the different subprojects associated with the main project that they needed sub-contracted out and they provided the City with a list, dates, and time stamps for every company
that they reached out to on the website and then R. Yoder reached out to them again. Attorney Schmidt continued to clarify that the confusion came because historically these types of contractor/subcontractor interactions had been accepted, but the City is going to work with vendors in the future to lay out new standards for what is considered a true good-faith effort.
REGULAR MEETING JANUARY 24, 2023 11
OPENING OF QUOTATIONS
Mr. Gilot asked for more information on item 4.B: Pure Green Farms Seeding. Senior Project Engineer Zach Hurst explained that this is a small seeding project for the retention basin at Pure Green Farms. Mr. Gilot asked if it is a private company to which Engineer Hurst responded it’s a TIF funded project. Mr. Gilot followed up and asked if they have native plants. Engineer Hurst
explained that they do native nursery seeding.
Mr. Miller asked if there was a scope change because originally it was going out for bidding. Engineer Hurst advised that the bid was cancelled indefinitely, and this quote is a small piece that we are trying to get done this winter.
PRIVILEGE OF THE FLOOR Division Chief Tim Lancaster and Logistics Officer and Patrolman First Class Aaron Knepper were present to discuss a possible agenda item for the Tuesday regular meeting. Chief
Lancaster explained that the SBPD is in the process of determining the most appropriate step to
acquire more body cameras, car cameras, and video storage. He explained that in the past five (5) years SBPD has used a vendor and the contract expires at the end of April 2023 and are coming before the Board to try to determine whether to renew with the current vendor or put it out for bid for a new vendor.
Attorney Schmidt, seeking clarification for the record, asked if they were asking the Board to take action for a request to advertise. Chief Lancaster answered yes and emphasized the time sensitivity of the contract ending and needing to get everything together for a bid and transition period as the cameras are essential for transparency between the SBPD and the public. Chief
Lancaster stated the SBPD has sixteen (16) new officers that will be graduating soon with no
body or car cameras to equip them with once they are on patrol. Mr. Gilot stated that if you open it to systems that are not interoperable with the systems already in place and you need to buy enough to supply all the officers and all the cars, it gets to be
expensive. The idea of spreading the cost over multiple budget years through a five (5) year
capital lease might make sense and the SBPD may want to tell vendors that they are thinking about that kind of budget buffering because it may take some time to work it out with the City controller.
City Engineer Kara Boyles asked if this item needs to come to the Board since it is not a public
works project. Attorney Schmidt noted that because the dollar amount is over $150,000 over five (5) years, they City must follow the formal soliciting process of advertising and receiving the bids to be read at a public forum. Chief Lancaster noted that they are working to get clarification from City Legal on whether paying this vendor from a software supplies account would need to
go out to bid. Mr. Gilot asked why it would be considered software supplies. Chief Lancaster
explained that they do not purchase any of the equipment, it is leased and what SBPD is paying for is the video managing software, the server, and the storage cost. Mr. Gilot asked if there was a state Quantity Purchasing Agreement (QPA) rather than bidding, to which Chief Lancaster answered no. VP Molnar asked how the first agreement was made five (5) years ago. Chief
Lancaster stated that it was done on a Request For Proposal (RFP) and came through the Board.
Attorney Schmidt advised that there is potential that this may qualify under a variety of special purchasing methods that may be applicable which would not require the Board to be involved for the procurement of this supply, but those decisions are made by the Director of Purchasing and
legal counsel for SBPD. Mr. Gilot asked if the current contract authorization covered up to 250 police officers and X-number of cars. Chief Lancaster stated that initially it was 170 but the SBPD has had to increase that number of officers outfitted with cameras so that every police officer that is dealing with the
public has a body camera and their car outfitted which required leasing additional systems and adding services since the beginning of the contract. Mr. Gilot stated that he thought the SBPD is only paying for the software, and they provide the cameras and that the SBPD could just tell the vendor that they need additional equipment. Officer Knepper noted that they prorate the cost of the services so when the SBPD has had to buy more of either type of unit the primary charge is
REGULAR MEETING JANUARY 24, 2023 12
the software delivery and licensing and not the physical hardware. The prorated price for the remainder of the contract is for the same price that was set in the initial contract.
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:58 a.m.
REGULAR MEETING JANUARY 24, 2023 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday,
January 24, 2023, 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 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 the 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 January 5, 2023 and January 10, 2023, were approved.
OPENING OF BIDS – MARMAIN APARTMENTS ROOF REPLACEMENT – PROJECT NO.
122-061 (PR-00021364)
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:
MIDLAND ENGINEERING COMPANY, INC.
52369 State Road 933 North South Bend, IN 46637 zmahnesmith@midlandengineering.com Bid was signed by Mr. Michael W. Frahn, CPA.
Non-Collusion, Non-Discrimination Affidavit Form was Submitted (Not Notarized). 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 $440,600.00
Alternate #1 Total $2,500.00
February 14, 2023
REGULAR MEETING JANUARY 24, 2023 13
UNIT PRICING Item No. Description Unit Price
1 Provide unit cost (labor & material) to replace entirely an existing roof drain with new roof drain (bowl, clamps, strainer, and accessories) per roof drain
$750.00
2 Provide unit cost (labor & material) to replace existing damaged ½” plywood roof sheathing
with new ½” plywood roof sheathing per 4’ x 8’
area
$225.00
Provide unit cost (labor & material) to replace
existing damaged ¾” plywood roof sheathing
with new ¾” plywood roof sheathing per 4’ x 8’ area
$250.00
SLATILE ROOFING AND SHEET METAL CO., INC. 1703 S. Ironwood Dr. South Bend, IN 46613 ebra.carothers@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 $434,812.00
Alternate #1 Total $1,200.00
UNIT PRICING
Item No. Description Unit Price
1 Provide unit cost (labor & material) to replace
entirely an existing roof drain with new roof
drain (bowl, clamps, strainer, and accessories) per roof drain
$3,200.00
2 Provide unit cost (labor & material) to replace existing damaged ½” plywood roof sheathing with new ½” plywood roof sheathing per 4’ x 8’ area
$235.00
Provide unit cost (labor & material) to replace existing damaged ¾” plywood roof sheathing with new ¾” plywood roof sheathing per 4’ x 8’
area
$275.00
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works for review and recommendation.
OPENING OF QUOTATIONS – WALKER FIELD HOUSE RESTORATION – PROJECT NO. 120-010R (PR-00014932)
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:
ACCULEVEL COMMERCIAL GROUP INC. 9495 N. Waldron Rd.
Rossville, IN 46065
nolan@acculevel.com Quotation was submitted by Mr. Nolan Beery Non-Collusion, Non-Discrimination Affidavit Form was completed. $7,500.00 Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
REGULAR MEETING JANUARY 24, 2023 14
QUOTATION:
Division A Total $28,764.00
Alternate #1 Total $45,276.00
Alternate #2 Total $25 Unit Price
Division A and Alternates Total *$45,276.00
*Total does not include Division A with Alternates
Attorney Schmidt wanted to note that Project Engineer Rebecca Plantz has worked exceptionally
hard and has had to bid this project multiple times to get this project going to save the City some grant money.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above quotation was referred to Community Investment and Engineering for review and
recommendation.
OPENING OF QUOTATIONS – PURE GREEN FARMS BASIN SEEDING – PROJECT NO. 121-056A (PR-00022097)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
dehoath@gmail.com; jeffritschard@yahoo.com Quotation was submitted by Mr. David E. Hoath Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $36,500.00
NATURALLY NATIVE NURSERY 20525 Johnson Rd. South Bend, IN 46614 nnn@naturallynative.net
Quotation was submitted by Ms. Janet Hunter Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $4,000.00
Mr. Gilot questioned the amount of one of the quotes since the prices were so different. Attorney Schmidt requested that the Board should motion for Engineering to pay special attention in their review to make sure the companies bidding understood the scope of the project. Mr. Miller thought that there may have been unique native plants for the project that only one of the quoters
could provide, so maybe that is what is being quoted.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above quotations were referred to Public Works for special review and detail and recommendation.
ADOPT RESOLUTION NO. 01-2023 – 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. 01-2023 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
REGULAR MEETING JANUARY 24, 2023 15
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 SANDRA SMITH retired effective January 12th, 2023 from the South Bend Police Department after thirty three (33) years of service, and the Board of Public Safety of the City of South Bend has determined that she 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. NDT6651, 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 24th day of January, 2023.
CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik
s/ Joseph R. Molnar
s/ Gary A. Gilot s/ Murray L. Miller
ATTEST:
s/ Theresa Heffner, Clerk
ADOPT RESOLUTION NO. 02-2023 – 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. 02-2023 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 JACK STILP retired effective January
24th, 2023 from the South Bend Police Department after twenty five (25) 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. NDT6713, 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 24th day of January, 2023. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
REGULAR MEETING JANUARY 24, 2023 16
s/ Elizabeth A. Maradik s/ Joseph R. Molnar
s/ Gary A. Gilot
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
Amendment No. 5 to Professional Services
Agreement
Jones Petrie Rafinski Corporation
Beck’s Lake/LaSalle Park Remediation Work Project No. 120-053
Increase $140,410.28; New Total $681,233.28
(PO-0010752)
VP Molnar / Mr. Miller
Amendment
No. 1 to
Professional Services Agreement
Shive-Hattery
Architecture +
Engineering
Design Services including
Survey and Cost
Estimating to Develop Construction for Fire Station No. 8 Replacement Project No. 122-034
$226,085; New
Total $288,426
(PR-00022044)
VP Molnar /
Mr. Miller
Lease Agreement South Bend Heritage Foundation
Re-Entering into 2023 Lease with Option to Renew with South Bend
Heritage Foundation, Inc.
for Charles Martin Youth Center Office Space, January 1 through December 31, 2023
$500 per Month (PR-00021714)
VP Molnar / Mr. Miller
Amendment No. 2 to Owner-
Engineer Agreement
American Structurepoint, Inc.
Clean Water State Revolving Loan Fund Program for Low-Cost
Financing for LTCP Wastewater Treatment Plant CSO 045 Equalization Basin
Increase $61,500; New Amount
$2,415,523 (PR-00012418)
VP Molnar / Mr. Miller
*Motion to approve pending approval in
DFO. The PO
from last year was closed, so a new one needs to be entered.
APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion Carried St. Patrick’s Day Parade Street Closure for Special Event March 11, 2023; 9:30 a.m. to 1:00
p.m., No
Parking 7:00 a.m. to Noon (Along Route)
S. Frances St. at E. Jefferson Blvd., Jefferson Blvd. to N.
Niles Ave.
VP Molnar / Mr. Miller
Walk MS: South Bend Street Closure for Special Event May 20, 2023; 8:00 a.m. to 12:00
p.m.
Riverwalk/Northside Trail VP Molnar / Mr. Miller
REGULAR MEETING JANUARY 24, 2023 17
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE RIGHT-OF-WAY AT OLD BARTLETT ST. BETWEEN MAIN ST. AND MICHIGAN ST. AT THE RELOCATED
ROAD TO THE NORTH
President Maradik indicated that Beacon Health, has submitted a request to vacate the above referenced right-of-way which follows the new road to the North. President Maradik advised the Board is in receipt of favorable recommendations concerning this vacation petition from the Public Works Department, Fire Department, Police Department, and Community Investment
who all state the request does meet the criteria of I.C. 36-7-3-13 subject to easements for existing
municipal utilities. Therefore, VP Molnar made a motion to send a favorable recommendation subject to easements for existing municipal utilities. Mr. Miller seconded the motion which carried by roll call.
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:
TEMPORARY: Reserved Handicapped Accessible Parking Space Sign
LOCATION: North Side of Jefferson Blvd. East of Lafayette Blvd., #4
REMARKS: All Criteria Met
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
Beer and Slabaugh, Inc. Contractor Released 12/20/2022
Brite Electric Inc. Occupancy Released 01/26/2023
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-49727, GBLN-49921 01/03/2023 $367,721.33
City of South Bend Claims GBLN-49924 01/04/2023 $4,307,672.06
City of South Bend Claims GBLN-49922, GBLN-49923 01/05/2023 $766,721.73
City of South Bend Claims GBLN-50176 01/10/2023 $3,337,775.88
City of South Bend Claims GBLN-50225 01/13/2023 $6,928.17
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 Rhonda Douglas, co-owner of The Jumpoff Pedal Trolley, was present to find out who to
contact about launching a pedal trolly in South Bend in May of 2023. She stated that she was working with Engineering before the holidays but stated that she had not heard back from anyone, so she came to the Board to ensure she had the correct contacts. She noted that she was advised that the trolley should only make right turns through the city and asked for clarification. President Maradik stated that it was likely determined from a safety standpoint. She also added
that her questions should probably be presented to staff, so they have time to research and get back to her. After the meeting, she was provided with staff contact information.
REGULAR MEETING JANUARY 24, 2023 18
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the
meeting at 9:53 a.m.
February 14, 2023