Loading...
HomeMy WebLinkAbout06272023 Board of Public Works MeetingAGENDA REVIEW SESSION JUNE 22, 2023 155 The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on June 22, 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. Board members discussed the following item(s) from the agenda. AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA VP Molnar asked Steven Studer and John Cary from LaSalle Council Boy Scouts to attend today’s meeting to discuss item 6.E: Transfer of Property at 1340 South Bend Ave. for Expansion of Services. Mr. Cary gave a brief overview of the new things that they are doing for the community and explained the need for the property at 1340 South Bend Ave. He informed the Board there are 240 Boy Scout offices in the United States, six (6) of which are in Indiana, but the LaSalle Council Boy Scouts is the only dedicated program with a part to do STEM delivery. They also strived to create and develop various community partners that would provide an experience for all kids, whether you are in Scouts or not, all kids could be part of this program and of this program delivery at the property. They also have a formal partnership with the South Bend Community School system where over 700 youth are currently signed up for their STEM day camp at the property where there will be no cost to participate. Mr. Cary explained that as part of the SIM Park fundraiser in 2019 they raised $300,000 dedicated to this project. Part of those funds which are ready to go is over $125,000 to build a solar pavilion program on the property but they are landlocked, and this is where the transfer of the property from the City comes in. Mr. Gilot stated that he loves the program while expressing some environmental challenges to foundations at the site in question, close to Frederickson Park. Attorney Schmidt noted that the environmental challenges are in Frederickson Park, but not at this property that is being transferred. Mr. Studer added that this property is outside of the park and surrounds the building. They are aware of the restrictions in the park and there is an agreement with VPA on how they can use the park limitations. They would like to use the property to place some pavilions, solar projects as well as expensive equipment. They would also like to add some security around some of the pavilions in the future. Attorney Schmidt advised that this property is not part of the environmental restrictive covenants associated with Frederickson’s Park. Mr. Gilot stated that after looking at the map VP Molnar provided, he does not believe that to be true. He asked if City Engineer Kara Boyles could pull the plans from the remediation project. He also advised that there be consultation with Engineering about how to do anything that penetrates the area in the drawing that VP Molnar shared. Mr. Gilot noted that the City has a responsibility to share what we know about the remediation project so that the new owner of that property understands their obligations to maintain those protections. It has to do with methane control and with groundwater, and we are trying through the clay capping not to produce percolation through the trash that would cause plumes of contamination. Mr. Gilot stated he believes the clay is adjacent to everything but the building. Attorney Schmidt requested a memo from Mr. Studer explaining the representations from the Engineering firm and how the EPA has determined the boundary of the property. Mr. Studer noted that the Board could approve subject to those conditions as well, that is not a problem. REGULAR MEETING JUNE 27, 2023 156 VP Molnar added that there will be fifteen (15) parking spaces for public use to access Frederickson Park. The City also has a right of refusal on the land so, if the Council moves, the City will have access to get the property back. City Engineer Boyles explained that Engineering would get involved when the plans and specs are submitted. Attorney Schmidt advised that this is just the transfer of the property at this point. President Maradik noted that the Board is supportive of the program and is excited that there is potential opportunity. CHANGE ORDERS City Engineer Boyles advised that there will be an addition to the agenda for Tuesday. It is a change order for the Coal Line Trail Phase 1 which has been completed and is being used. It is for an extension of time to complete our INDOT project. PROJECT COMPLETION AFFIDAVITS Attorney Schmidt spoke about item 5. A: 2022 Curb and Sidewalk, Round 1. He stated there was a good-faith waiver on this project for the WBE participation. We had State Barricading, however it was something around point five percent (.5%) lower than the goal was intended to be on this project. Kennedy was used for the MBE, and they exceeded the goal representation with the MBE. They used State Barricade for the WBE but were still unable to meet the WBE goal. Attorney Schmidt spoke about item 5. B.: Fieldstone Center Utility Extension. There were no goals for this project because it was a public utility. AWARD BIDS AND APPROVE CONTRACTS Attorney Schmidt spoke about item 3.A: Angela Blvd. Roadway Improvements. The goals were met so there is no issue with this one. Senior Engineer Charlie Brach noted that there will be a change to this agenda item, noting Engineering is only able to award division 1 now, but it does affect the goals as it was one goal for both divisions and the goals were primarily met with the division 2 work which will not be awarded this year. Attorney Schmidt spoke about item 3.B: Southeast Park Playground Resurfacing. He noted this project is being discussed with the City’s internal team. We have a woman prime contractor Sinclair Recreation but is outside our geographic scope. They are intending to be the prime contractor and meet the WBE due to their representation on the project. We are trying to determine if they qualify for a good faith waiver, but it is unique because we do not know how to deal with a contractor outside our geographical scope. Lastly, he stated this item may change or be removed from Tuesday’s agenda. Mr. Gilot asked if it is possible that the designer wrote a spec that there are only a few companies in the country that can do this type of work. He also asked if for future consideration, we could have the designer spec something that is available in our market. AWARD QUOTATIONS AND APPROVE CONTRACTS Attorney Schmidt spoke about item 4.A: Century Center Skyway Restroom Upgrade. This is another one that is being reviewed by the Office of Diversity and Inclusion. It is a situation where the prime contractor did provide sufficient proof for advertising, and they did reach out to MWBE subcontractors. The Board received three (3) quotes and none of them met the goals. Larson Danielson Construction Co., Inc. being the lowest bidder, at least took the time to show proof of their efforts that the others did not. The City’s internal team will need to determine if they meet the threshold for a good-faith effort waiver. Attorney Schmidt explained that when you are dealing with a lower dollar amount item, it is harder for companies to meet the goals of the project. AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA VP Molnar was present to discuss item 6.A: License Agreement for Temporary Use for Sunchoke Farms for its farming operation. The agreement does state that the agreement could be REGULAR MEETING JUNE 27, 2023 157 ended at any time if they have a potential house builder. He also stated that City staff has to sign off on any physical improvements they make to the site. VP Molnar was present to discuss item 6.C: License Agreement for Temporary Use for Sunchoke Farms. He noted this agreement is a little different because we are changing the property lines. VP Molnar was present to discuss item 6.D: License Agreement for Temporary Use for Sunchoke Farms noting it was a transfer for three (3) properties on Dubail. PRIVILEGE OF THE FLOOR Board Attorney Schmidt explained to the Board processes that have been put in place to verify information when waivers or changes are requested by prime contractors. Director of Diversity and Inclusion, Cynthia Simmons-Taylor, shared her goal of reviewing processes, ordinances, etc. to ensure we have the right tools in place going forward. Board Member VP Molnar noted that the transfer of the Franklin St. property from RDC for the Advantix tax credit project. He explained there has been a shift in properties that we are considering for the project, so most likely that will be taken off the agenda. He said he did not actually record the deed that approved the transfer from RDC, so most likely the next agenda there will be a very short agenda item to nullify that agreement. The property will remain with RDC. ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 11:32 a.m. REGULAR MEETING JUNE 27, 2023 The Regular Meeting of the Board of Public Works was convened at 9:34 a.m. on Tuesday, June 27, 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. Acting Board Clerk Laura Hensley confirmed the presence of Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot, Jordan Gathers (arrived 9:42 a.m.), Murray Miller (absent), 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 July 11, 2023 REGULAR MEETING JUNE 27, 2023 158 Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on June 8, and June 13, 2023, were approved. OPENING OF BIDS – SEWER AND MANHOLE REHABILITATION – PROJECT NO. 122-019 (PR-00025373) 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: NATIONAL POWER RODDING CORP. 2500 W. Arthington St. Chicago, IL 60612 acamarena@nationalpowerrodding.com; BKreidler@nationalpowerrodding.com Bid was signed by Mr. William T. Kreidler Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Two (2) of Two (2) Addendum(s) Acknowledgement received. BASE BID TOTAL: $6,869,100.00 Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the above bids were referred to Engineering for review and recommendation. AWARD QUOTATION AND APPROVE CONTRACT – CENTURY CENTER SKYWAY RESTROOM UPGRADE – PROJECT NO. 123-042 (PR-00024636) Mr. Patrick Sherman, Engineering, advised the Board that on June 13, 2023, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Sherman recommended that the Board award the contract to the lowest responsive and responsible quoter, Larson-Danielson Construction Co., Inc., in the amount of $167,046. Attorney Schmidt noted Diversity, Equity & Inclusion, City Legal, and Public Works were able to verify that a Good-Faith Effort waiver was applicable for this project. Therefore, VP Molnar made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Gilot seconded the motion, which carried by roll call. APPROVE CHANGE ORDER NO. 8 – COAL LINE TRAIL, PHASE I – (DES#1401810) PROJECT NO. 115-063 (PR-00017412) President Maradik advised that Ms. Rebecca Maenhout, Engineering, has submitted change order number 8 on behalf of Indiana Department of Transportation, LaPorte District Contractor (Selge Construction Co., Inc.), indicating the contract amount be increased four hundred & ten (410) days, including this change order, a new completion date of September 29, 2022. Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the change order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – 2022 CURB AND SIDEWALK, ROUND I - DIVISION 3-5 – PROJECT NO. 122-001 (PO-0018633-1) President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Premium Concrete Services, Inc., for the above referenced project, indicating a final cost of $393,685. Upon a motion made by V Molnar, seconded by Mr. Gilot and carried by roll call, the project completion affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – FIELDSTONE CENTER UTILITY EXTENSION – PROJECT NO. DP21-007 President Maradik advised that Ms. Charlotte Brach, Engineering, has submitted the project completion affidavit on behalf of Patel LLC dba Hospitality Development Group, for the above referenced project, for public utility extensions. Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the project completion affidavit was approved. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following agreements/contracts/proposals/addenda were submitted to the Board for approval: Type Business Description Amount/ Motion/ REGULAR MEETING JUNE 27, 2023 159 Funding Second License Agreement for Temporary Use Sunchoke Farms, LLC Request for Gardening Purposes at 630 & 632 Harrison Ave. N/A Molnar/Gilot Amendment No. 1 to Owner-Engineer Agreement Black & Veatch Corporation Engineering Services to Assist with Modeling Pressure & Velocity Information for Annual Water Hydraulic Model Calibration Assistance Project No. 123-047 NTE $5,000 (Hourly); New Adjusted Total $54,840 (PO-0022799) Molnar/Gilot Real Property Transfer Agreement Habitat for Humanity of St. Joseph County Transfer Property at 715, 717, 719, 727 Harrison to Develop Affordable Housing N/A Molnar/Gilot Real Property Transfer Agreement 466 Works Community Development Corporation Transfer Property at 220, 222, 402 Dubail to Develop Affordable Housing N/A Molnar/Gilot Real Property Transfer Agreement LaSalle Council, Boy Scouts of America, Inc. No. 165 Transfer Property at 1340 South Bend Ave. for Expansion of Services N/A Tabled: Molnar/ Gilot* Amendment No. 1 to Professional Services Agreement Abonmarche Consultants, Inc. Increased Construction Inspection Services for Monroe Circle Demolition Project No. 123-048 $23,500; New Adjusted Total $41,300 (PO-0024349) Molnar/Gilot Amendment No. 1 to Owner- Engineer Agreement A&Z Engineering, LLC Additional Design and Field Services Required by Railroad Authority for Watermain Replacements at Greenlawn Ave. & S. 30th St. Project No. 122-041 $17,860 (PR-00017286) Molnar/Gilot Professional Services Agreement A&Z Engineering, LLC Design and Bid Preparation for 2023 Curb and Sidewalk Work, Project No. 123-001 $19,500 (PR-00025739) Molnar/Gilot ** * Attorney Schmidt noted we are waiting for additional information and background information for concerns brought up at the agenda review session. **Mr. Gathers arrived and was present for the vote. APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried Art Beat Street Closure for Special Event August 19, 2023; Aug. 18th 6:00 p.m. to Aug. 20th 12:00 p.m. E. Jefferson Blvd. from Dr. Martin Luther King Jr. Blvd. to S. St. Louis Blvd. to E. Jefferson Blvd. to E. Wayne St., Howard Park Molnar/Gathers East Washington Block Party Street Closure for Special Event July 29, 2023; 10:00 a.m. to 8:00 p.m. E. Washington St. between Jacob St. & Sunnyside Ave. Molnar/Gathers West Side BBQ & Craft Festival Street Closure for Special Event July 23, 2023; 7:00 a.m. to 6:00 p.m. Prast Blvd. between Ardmore Trail & N. Bendix Dr. Molnar/Gathers REGULAR MEETING JUNE 27, 2023 160 APPROVE/DENY TRAFFIC CONTROL DEVICES Upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the following traffic control device request was approved: NEW INSTALLATION: Honorary Street Sign for Dave (Dutch) Koehler Blvd. LOCATION: Intersection of N. Olive St. & Linden Ave. (Near Fire Station No. 4) REMARKS: All Criteria Met NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION(S): 414 Altgeld St. 1134 N. O’Brien St. 1409 W. Western Ave. 2206 Franklin St. REMARKS: All Criteria Met REMOVAL: Handicapped Accessible Parking Space Sign LOCATION: 942 S. 36th. 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 A Plus Plumbing Heating & Cooling LLC Contractor Released 07/15/2023 Morning Star Installation & Remodeling Contractor Released 07/17/2023 Three D Structural LLC Contractor Released 06/01/2023 K & K Earthmoving, Inc. Excavation Released 06/27/2023 Three D Structural LLC Occupancy Released 06/05/2023 TR Concrete Construction Occupancy Released 06/01/2023 Orange Construction LLC Occupancy Approved 06/21/2023 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 REDUCED SENIOR TRASH RATE In a memo to the Board, Ms. Kelly Smith, Solid Waste, requested the Board ratify the approval of reduced trash collection rates for the following residents, per Municipal Code 16-6: 1. 3,055 (Total # of Accountholders) as of the 2nd Quarter of 2023 In her memo, she stated Water Works customer service staff verified that all of the applicants are head of the households and have submitted proof of age sixty-five (65) or older. There being no further discussion, upon a motion made by VP Molnar, seconded by Mr. Gathers and carried by roll call, the approval of reduced rates was ratified. 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-58266, GBLN-58268, GBLN-58269 06/14/2023 $1,112,672.80 City of South Bend Claims GBLN-58226 06/14/2023 $1,841,606.98 City of South Bend Claims GBLN-58465 06/20/2023 $1,995,463.33 City of South Bend Claims GBLN-58356, GBLN- 58375, GBLN-58376 06/20/2023 $817,037.41 REGULAR MEETING JUNE 27, 2023 161 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 ADJOURNMENT There being no further business to come before the Board President Maradik adjourned the meeting at 9:47 a.m. July 11, 2023