HomeMy WebLinkAbout05092023 Board of Public Works MeetingAGENDA REVIEW SESSION MAY 4, 2023 106
The Agenda Review Session of the Board of Public Works was convened at 10:32 a.m. on May 4, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot, Jordan Gathers (absent), Murray Miller (absent), and Board Attorney
Michael Schmidt present. Acting Board Clerk Laura Hensley 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.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Engineer Zach Hurst was present to answer questions regarding item 9.C: Demolition Agreement with Housing Authority of South Bend. He explained this agreement grants the City permission by way of an easement to get on to the Housing Authority property. For TIF funded projects,
when the redevelopment Commission authorizes funding, there are two (2) routes. The main
being a budget request if working in the city’s right of way. The second route is a development agreement which is usually a one-time private/public partnership which allows permission to be on the property and once the Board contract is done, the easement expires. Mr. Hurst clarified that this project was sent through as a budget request with bids expected to be opened at the
BPW May 23rd meeting.
Mr. Gilot noted that he noticed this demolition was demolishing ninety-one (91) single family apartments across seventeen (17) different buildings and the obligation to replace said units is with the Housing Authority and not with the City. Mr. Gilot asked for that to be expressed in the
document because it could cause confusion if the City is helping demolish these units when the
federal housing authority is actually responsible for replacement. Mr. Hurst informed the Board that part of the Redevelopment Commission budget requests includes $500,000 for Community Investment to put towards planning and consultants. Mr. Hurst and Attorney Schmidt noted that this was an agreement for access so the project could go to bidding and the Redevelopment
Commission contracts will clarify that the responsibility for providing housing is the
responsibility of the housing authority along with other obligations. VP Molnar added that the current units scheduled for demolition are currently vacant with the former residents had been relocated with vouchers to single-family- houses. He continued to
express that the goal is for there to be more units onsite at the end of the project.
President Maradik added that DCI is working with the Housing Authority to pursue a grant application to look at what the property could look like down the road when replacing and
ideally adding to the ninety-one (91) units.
REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS Mr. Gilot had concerns pertaining to item 7.B: Southeast Park Playground Resurfacing and 9.B; Professional Service Agreement with WBK Engineering for Design Services for Replacement of
Splashpads at Southeast Park and Coquillard Park. He Expressed concerns over the Combined Sewer Overflow (CSO 18) and the amount of water that is potentially running off which could lead to fines and penalties. Attorney Schmidt stated Engineer Patrick Sherman was not on the call but would be asked to get back to the Board with some information.
RESOLUTIONS
Mr. Gilot had input regarding item 8.D: Resolution No. 24-2023 A Resolution of the City of South Bend, Indiana Board of Public Works Approving a Settlement Agreement for Waterworks Customers. He noted this is the result of a customer complaint that dragged out years and the adjustment is significant. He asked if IT and Engineering should do an internal review as a
checks and balance. Mr. Gilot stated he felt the software should have flagged the issue as
anything twenty percent (20%) higher than all other similar accounts should trigger investigations into the reasoning of the percent discrepancy. Attorney Schmidt agreed and stated that there needed to be better with internal checks and systems in place to make sure when outlier monthly bills pop up, the software and/or a city employee is catching the issue, not the
customer.
RESOLUTIONS VP Molnar submitted 8.A: Resolution No.21-2023 A Resolution with the City of South Bend, Indiana Board of Public Works Approving the transfer of real property to the South Bend Board
AGENDA REVIEW SESSION MAY 4, 2023 107
of Park Commissioners. He stated there are two (2) properties on the MLK campus that are still BPW Properties, and this was to transfer them to the Park Board.
AWARD BID AND APPROVE CONTRACTS President Maradik stated item 4.B: 2023-2024 Water Treatment Wastewater Chemicals noted that the memo it requests the Board make a note during the meeting or recognize that the prices are subject to adjustment for market pricing. She asked that this note be reviewed to make sure it
is consistent with the bid documents that were put out and/or there has been a review to
determine that we can. Attorney Schmidt replied that we could accept the bid process as it is and noted this has been a battle since COVID-19 started and there has been multiple ways that we have tackled the issue such as three (3) month increments were contracts are brought back to the Board regularly and be transparent with the public that we are trying to get the best prices and
stay competitive but there may be some instances of price variation and if the variation is too
significant, we can then go back through a public bidding process but what we can’t do is, not purchase the chemicals at all. He added the issue is getting chemicals controlled by the government through authorized sellers who do not have complete control over the price fluctuations and the seller is not willing to take the financial risk of bidding their chemical out
for one amount while the market is so volatile and could result in them taking a loss.
TRAFFIC CONTROL DEVICES Lastly, President Maradik asked for clarification on item 11.A; New Installation of Four (4) two
(2) hour parking signs. She says the item has four (4) signs, but the documentation says five (5).
Acting Board Clerk Hensley answered that one (1) of the signs was a last minute add on and theregular meeting agenda will be corrected.
PRIVILEGE OF THE FLOOR
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:50 a.m.
REGULAR MEETING MAY 9, 2023 The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, May 9, 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 (arrived at 9:37 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 the Privilege of the Floor.
May 23, 2023
REGULAR MEETING MAY 9, 2023 108
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 April 20, 2023 and
April 25, 2023, were approved. Mr. Gathers was not present to vote.
OPENING OF BIDS – SMALL DRAINAGE IMPROVEMENTS-BEALE STREET & CHAPIN STREET – PROJECT NO. 121-006B (PR-00024002 & 00024004)
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. Two (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
HRP CONSTRUCTION, INC.
5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266 jeredb@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 (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
SELGE CONSTRUCTION CO., INC. 2833 South 11TH St. Niles, MI 49120
aswinehart@selgeconstruction.com
Bid was signed by Mr. Justin Butler 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 (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
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 to vote.
Division 1 Total $198,000.00
Division 2 Total $194,000.00
Project Total $392,000.00
Division 1 Total $171,378.50
Division 2 Total $162,556.00
Project Total $333,934.50
Division 1 Total $224,899.45
Division 2 Total $230,698.75
Project Total $455,598.20
REGULAR MEETING MAY 9, 2023 109
OPENING OF BIDS – JOHNSON & FELLOWS INTERSECTION DRAINAGE IMPROVEMENTS – PROJECT NO. 122-016A (PR-00024005)
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 (1) of Two (2) Addendum(s) Acknowledgement received.
BASE BID TOTAL: $354,000.00
HRP CONSTRUCTION, INC. 5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266
jeredb@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 (2) of Two (2) Addendum(s) Acknowledgement received.
BASE BID TOTAL: $259,606.00
SELGE CONSTRUCTION CO., INC. 2833 South 11TH St. Niles, MI 49120 aswinehart@selgeconstruction.com Bid was signed by Mr. Justin Butler
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 (2) of Two (2) Addendum(s) Acknowledgement received.
BASE BID TOTAL: $242,458.00
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. Mr. Gathers was present to vote at this point forward.
OPENING OF BIDS – THE HILL TIF PROJECT – SITE WORK – PROJECT NO. 123-030 (PR-00024021)
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:
PREMIUM CONCRETE SERVICES, INC.
712 Richmond St.
Elkhart, IN 46516
rbecker@premiumconcreteonline.com Bid was signed by Mr. Max A. Yeakey 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 (2) of Two (2) Addendum(s) Acknowledgement received.
REGULAR MEETING MAY 9, 2023 110
BID: Base Bid Total $428,691.00
Deduct Alternate 1 Total $4,980.00
Deduct Alternate 2 Total $14,380.00
Deduct Alternate 3 Total $3,000.00
THE ROBERT HENRY CORPORATION 404 S. Frances St.
PO Box 1407
South Bend, IN 46624
rkuntz@roberthenrycorp.com Bid was signed by Mr. Brian S. Henry 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 (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
MAJORITY BUILDERS, INC. 62900 US 31 South
South Bend, IN 46614 Dave@majoritybuilders.com Bid was signed by Mr. David J. Paston
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 (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
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 – SOUTH BEND FIRE DEPARTMENT PARKING LOT REHAB – PROJECT NO. 123-049 (PR-00024234)
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: MILESTONE CONTRACTORS NORTH, INC. 24358 State Road 23 South Bend, IN 46614 akrueger@milestonelp.com Quotation was submitted by Mr. Dustin Hilary
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
QUOTATION: $174,803.30
ASPHALT RESTORATION SERVICES, LLC
PO Box 2484 South Bend, IN 46680
Base Bid Total $650,000.00
Deduct Alternate 1 Total $7,130.00
Deduct Alternate 2 Total $4,000.00
Deduct Alternate 3 Total $4,000.00
Base Bid Total $478,574.00
Deduct Alternate 1 Total $6,480.00
Deduct Alternate 2 Total $8,213.00
Deduct Alternate 3 Total $1,788.00
REGULAR MEETING MAY 9, 2023 111
arsllc@comcast.net
Quotation was submitted by Mr. Jamie Brown
Non-Collusion, Non-Discrimination Affidavit Form was not completed.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were not completed. No Addendum(s) were Acknowledgement received.
QUOTATION: $7,046.69 (Item 5 - Seal Coat)
RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 dsauer@rieth-riley.com; ralvarado@rieth-riley.com Quotation was submitted by Mr. Ruben Alvarado Non-Collusion, Non-Discrimination Affidavit Form was completed.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
QUOTATION: $96,821.00
WHITTAKER & COMPANY, PLLC – DAYS CONSTRUCTION & ASPHALT
201 E. 5th. Ave., Suite A Gary, IN 46402 mgreen@cawhittakercpa.com
Quotation was submitted by Mr. Robert Day Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. Addendum(s) Acknowledgement NOT received.
QUOTATION: $47,000.00 (Items 2, 3, 6, 7, 10)
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 review and recommendation. OPENING OF QUOTATIONS – 2023 TREE AND STUMP REMOVAL – PROJECT NO. 123-
002 (PR-00024705)
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:
K & R TREE SERVICE LLC
1724 S. Grant St.
South Bend, IN 46613 treecutterkev@yahoo.com Quotation was submitted by Mr. Kevin J. Kenney Non-Collusion, Non-Discrimination Affidavit Form was completed.
Addendum(s) Acknowledgement not received.
QUOTATION: $30,037.00
HIGHER GROUND TREE CARE, LLC
12586 Heather Park Dr.
Granger, IN 46530 matt@hgtreecare.com Quotation was submitted by Mr. Matt Hogarth Non-Collusion, Non-Discrimination Affidavit Form was completed. Addendum(s) Acknowledgement not received.
QUOTATION: $38,190.00 Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
quotations were referred to VPA and Public Works for review and recommendation.
REGULAR MEETING MAY 9, 2023 112
AWARD BID AND APPROVE CONTRACT – LASALLE AVENUE STREETSCAPE – PROJECT NO. 122-013R (PR-00020064)
Ms. Leslie Biek, Engineering, advised the Board that on April 25th, 2023, 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., in the amount of $5,655,360.32. 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 – 2023-2024 WATER TREATMENT WASTEWATER CHEMICALS (PR- 00024147) Ms. Nancy Clay, Utilities-Wastewater, advised the Board that on April 25, 2022, bids were
received and opened for the above referenced project. After reviewing those bids, Ms. Clay
recommended that the Board award the contract to the lowest responsive and responsible bidders, Alexander Chemical Corp, Item Nos. 1 & 3; Kemira Water Solutions, Inc., Item No. 2; Polydyne, Inc., Item No. 4; all in the amounts of unit bid prices and subject to special conditions and adjustments for market pricing. 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 – COAL LINE TRAIL, PHASE IIA – PROJECT NO. 115-064 (PO-0023558)
President Maradik advised that Ms. Rebecca Maenhout, Engineering, has submitted change order number 1 on behalf of Indiana Department of Transportation, indicating the contract amount be increased by $73,593 for a new contract sum, including this change order, in the amount of $1,770,053.65. 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 – RIVER LIGHTS - PLAZA PARK – PROJECT NO. 122-047 (PO-0017960)
President Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order
number 1 on behalf of Acorn Landscaping LLC, indicating the contract amount be increased by $12,341.80 for a new contract sum, including this change order, in the amount of $144,964.58. 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 – PRAIRIE AVE. WATER MAIN LOOP – PROJECT NO. 117-068 (PO-0014485) President Maradik advised that Mr. Jacob Klosinski, Engineering, has submitted change order number 1 (final) on behalf of HRP Construction, Inc., indicating the contract amount be
increased by $35,527.02 for a new contract sum, including this change order, of $1,707,027.02.
Also submitted was the project completion affidavit indicating this new final cost of $1,707,027.02. 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.
Since Mr. Miller was not in attendance at the Agenda Review Session, Attorney Schmidt informed him there was a utilization plan change approved for this project and the scope did change. He noted there were some issues with trucking, but mostly it was the scope change on the project that involved some gasoline work that was no longer needed.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – ANGELA BLVD. ROADWAY IMPROVEMENTS – PROJECT NO. 122-059 (PR- 00024760 & 00024761) In a memorandum to the Board, Ms. Charlotte Brach, Engineering, requested permission to
advertise for the receipt of bids for the above referenced project. Also presented at this time for
approval and execution was the title sheet. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above request to advertise was approved, and the title sheet was approved and signed.
REGULAR MEETING MAY 9, 2023 113
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – SOUTHEAST
PARK PLAYGROUND RESURFACING – PROJECT NO. 123-043 (PR-00024809)
In a memorandum to the Board, Mr. Patrick Sherman, 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. 21-2023 – 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. 21-2023 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 Ind.
Code Section 36-9-6-3; and is authorized to transfer such property to another governmental entity pursuant to Ind. 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 Dr. 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 36-1-11-8; 36-10-4-9(c)(1); and Ind. Code 36-10-4-20(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 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 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 Community Investment 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.
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 May 9, 2023 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
REGULAR MEETING MAY 9, 2023 114
s/ Gary A. Gilot
s/ Jordan V. Gathers
s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk
ADOPT RESOLUTION NO. 22-2023 – 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. 22-2023 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 ANDREW NOWAK retired effective April 25th, 2023 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. NDT0781, 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 9th day of May, 2023.
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. 23-2023 – 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. 23-2023 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY
REGULAR MEETING MAY 9, 2023 115
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 SHELDON SCOTT retired effective
April 25th, 2023 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. NDT0960, 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 9th day of May, 2023.
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. 24-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A SETTLEMENT AGREEMENT FOR WATERWORKS CUSTOMER
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. 24-2023
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING A SETTLEMENT AGREEMENT FOR WATERWORKS CUSTOMER
WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting
body for the City of South Bend, Indiana (“City”); and
WHEREAS, Michael Morin (“Owner”) is the owner of a house located at 1445 E. Washington Street, South Bend, Indiana 46617; and
WHEREAS, Owner has been a customer of the City’s waterworks utility since at least 2004;
and
WHEREAS, Owner complained to the City and the waterworks utility since approximately
2004 of incorrect bills and meter reads; and
WHEREAS, the City confirmed that Owner’s water meter was not reading correctly as far
back as 2005; and
WHEREAS, the City, by way of its adoption of the South Bend Municipal Utilities Rules and Regulations, dated 2019, has a procedure for reimbursing utility customers; and
REGULAR MEETING MAY 9, 2023 116
WHEREAS, due to the uniqueness and documented records of complaint by Owner between 2004 and the time the water meter was changed in 2022, the City wishes reimburse Owner at a level higher than typically permitted by the Regulations
WHEREAS, in an effort to resolve the dispute amicably and fairly, the City and Owner have
agreed to settle the dispute.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND,
INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
1. The Board hereby ratifies and approves the settlement amount with Owner in the amount Twenty-One Thousand For Hundred Fifty-Seven and 77/100 ($21,457.77).
2. The President and Clerk of the Board, or their designees, are authorized and instructed to execute and attest, respectively, the settlement agreement as negotiated by the Department of Law and executed by Corporation Counsel. 3. 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 May 9, 2023. 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. 25-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the
following resolution was adopted by the Board of Public Works: RESOLUTION NO. 25-2023 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS ON THE DISPOSAL OF UNFIT AND/OR OBSOLETE PROPERTY FIREFIGHTER FIRE HELMET AND BOOTS
WHEREAS, pursuant to I.C. 36-9-6-1 et. seq., the Board of Public Works ("Board") has
the duty and authority to have custody, control, use, and to dispose of real and personal property
owned by the City of South Bend, Indiana; and WHEREAS, IC 5-22-22-6 permits and establishes the procedure for disposal of personal property which is no longer needed by the City, and which is unfit for the purpose for which it was intended; and
WHEREAS, on April 4, 2023, Firefighter Tracey Cannady retired from the South Bend, Indiana, Fire Department after Twenty-Five Plus (25+) years of service, and the Board of Public Safety of the City of South Bend, Indiana has determined that he has retired in good
standing; and
WHEREAS, Chief Carl Buchanon has advised the Board that this Firefighter’s fire helmet and boots (“Property”) are of no further use to the Department, are of no practical value,
and have an estimated market value of less than one-thousand dollars ($1,000.00); and
REGULAR MEETING MAY 9, 2023 117
WHEREAS, the Board has determined that the Property is worthless as that term is
defined in I.C. 5-22-22-8(b); and
WHEREAS, I.C. 5-22-22 permits and establishes procedures for the disposal of personal property which is either unfit for the purpose for which it was intended, no longer needed by the City, or property which is deemed worthless.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend, Indiana, as follows:
1. The Property is no longer needed by the City of South Bend, is unfit for the purposes
for which was intended, and has an estimated value of less than one-thousand dollars ($1,000.00). 2. The Property may be demolished, junked or otherwise disposed in a manner
determined by the Fire Chief, including donation to the Firefighter as a token for his years of service to the City of South Bend. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on May 9, 2023, 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
Sidewalk Construction Agreement
Toyo Seiko North American Inc.
New Sidewalk Development on Moreau Ct. Project No. DP20-017
N/A VP Molnar / Mr. Miller
Professional Services
Agreement
WBK
Engineering Design Services for Replacement of
Splashpads at Southeast
Park and Coquillard Park Project No. 123-044
$59,715 (PR-00024813) VP Molnar / Mr. Miller
Demolition
Agreement
Housing Authority of South Bend
Allowing the Board of Public Works to Private Property for Demolition of Housing Units at Monroe
Circle Project No. 123- 048
N/A VP Molnar /
Mr. Miller
Deed of
Dedication
Jones Petrie
Rafinski Corp.
Randolph Park Improvements Project No. 120-049
N/A VP Molnar /
Mr. Miller
Memorandum
of Understanding
St. Joseph County Board of
Commissioners
Study to Upgrade Sanitary Sewer N/A VP Molnar / Mr. Miller *
* Mr. Gilot noted that this was an added item. Attorney Schmidt advised that this is between the City and the county doing their due diligence and trying to make sure that parcels of land for potential expansion out in what is commonly referred to as I/N TEC I/N KOTE. They want to be
REGULAR MEETING MAY 9, 2023 118
sure the sewer lines have enough capacity in the system to be able to support the developments that the county has been working on. There is no cost to the City. Mr. Gilot noted that it’s not only hydraulic capacity but there have been problems with the pipe showing excessive wear and
aggressive soils leading to failures in the pipe.
APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion Carried
Concours d’Elegance at Copshaholm
Street Closure for Special Event July 8, 2023; 5:00 a.m. to 6:00 p.m.
W. Washington St. between Laurel St. and Chapin St.
VP Molnar / Mr. Miller
Fallen Heroes Ride Street Closure for Special Event
June 25,
2023; 8:00
a.m. to 1:00
p.m.
Brief Traffic Interruptions as Riders Leave Walmart on Ireland Rd.
VP Molnar / Mr. Miller
Joe’s Family Get Together Street Closure for Special Event July 4, 2023; 3:00 p.m. to 12:00 a.m.
Printz Ct. between Hilde Ct. and Vernon St.
VP Molnar / Mr. Miller
March to the
Memorial
Street Closure for
Special Event
September 11, 2023; 8:15 a.m. to 7:00 p.m.
Intermittent Crossings along Route from South Bend Metro Area near Fellows to the St. Joseph County Park 9/11 Memorial
VP Molnar /
Mr. Miller
St. Joe Grade School Field Day
Street Closure for Special Event June 5, 2023; 6:30 a.m. to 3:00 p.m.
E. St. Louis Blvd. between LaSalle Ave. and E. Colfax Ave.
VP Molnar / Mr. Miller
The View
Tavern
Sidewalk Café
Permit
Mon. to Sat.
11:30 a.m. to 10:00 p.m., Sun. 3 p.m. to 10:00 p.m.
515 E. Jefferson
Blvd.
VP Molnar /
Mr. Miller
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call (Mr. Miller voted No), the following traffic control device request was approved: NEW INSTALLATION: Five (5) 2 Hour Parking Signs
LOCATION: On Dr. Martin Luther King Jr. Blvd. between W. Jefferson Blvd. and Washington St. 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
Carlisle Utility Contractors Inc. Excavation Approved 04/28/2023
Carlisle Utility Contractors Inc. Occupancy Approved 04/28/2023
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified.
Mr. Gathers seconded the motion, which carried by roll call.
RATIFY PREAPPROVED CLAIMS PAYMENTS
VP Molnar stated the Board received notices of the following preapproved claim payments from
the City’s Department of Administration and Finance:
REGULAR MEETING MAY 9, 2023 119
Name Date Amount of Claim
City of South Bend Claims GBLN-55120 04/18/2023 $1,839,887.85
City of South Bend Claims GBLN-55118 04/21/2023 $30,813.37
City of South Bend Claims GBLN-55224, GBLN- 55593 04/24/2023 $10,779.67
City of South Bend Claims GBLN-55526 04/25/2023 $2,053,182.72
Each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Therefore, upon a motion by VP Molnar, seconded by Mr. Gathers, and carried by roll call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
Board Member Gary Gilot wanted to go on record that allowing for a market price adjustment on chemicals is an exception, not the rule. He would not like to see a future bidding tactic of
making sure you're the lowest bidder, then immediately adjusting your price to higher than the
second or third bidder noting that defeats the whole concept behind public bidding, so he supports it as an exception due to extraordinary market conditions.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the meeting at 10:17 a.m.
May 23, 2023