HomeMy WebLinkAbout07252023 Board of Public Works MeetingAGENDA REVIEW SESSION JULY 20, 2023 173
The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on July 20, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board
Members Gary Gilot, Jordan Gathers (virtual), Murray Miller (arrived at 10:33 a.m.), 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.
RESOLUTIONS Mr. Gilot asked about item 10.B: A Resolution of the City of South Bend, Indiana Board of Public Works for the Disposal of Surplus Property. He noted that he has been a Board member
for a long time but has never seen the retirement of a laptop computer before. He knows the individual involved and noted that she has had a distinguished career, but he wanted to understand why it was decided to do this in this case, and to make sure that it doesn’t set a precedent where every professional leaving the City will leave with their computer. Attorney Schmidt explained that Attorney Aladean DeRose’s computer was at the end of its life
cycle and was going to be replaced. He acknowledged that this is a very unique situation and is not meant to be a new policy. He noted that all of the City software and access to City file folders have been scrubbed from the computer.
Attorney Schmidt also stated that Attorney DeRose will be missed and that he will miss all her
knowledge and support.
PROJECT COMPLETION AFFIDAVITS Attorney Schmidt discussed the MWBE goals for item 7.A: 2021 Demolitions. He stated that this project exceeded the goals assigned. Attorney Schmidt discussed the MWBE goals for item 7.B: 2022 Curb and Sidewalk, Round 1 (Div. 1&2) noting that there was a utilization plan change with Milestone. He explained there was confirmation from both trucking companies that Milestone did, in fact, contact them but
were unable to be at the site during these periods of time. He clarified there was a failure to reach the MBE goal, but the WBE goal was met. Attorney Schmidt discussed the MWBE goals for item 7.C: Muessel Grove Public Restrooms nothing that this was a good-faith waiver project from the beginning. There was sufficient
evidence that there were ten (10) WMBE companies contacted, but none provided a bid.
CHANGE ORDERS AND PROJECT COMPLETION AFFIDAVITS Attorney Schmidt discussed item 6.A: Northwest Elevated Tank Improvements and deferred to Rebecca Plantz, Project Engineer to explain that the change order is a deduction due to punch list
items that were either deemed inadequate or incomplete. Ms. Plantz noted that it was agreed upon by both parties that the City would deduct the amount of the punch list items so that the project could be closed out and the City would do the remaining work. She explained that everyone that was working onsite is now working on another project in another state for the contractor.
Mr. Gilot asked if the memo was crafted in a manner that it does not become policy precedent setting as he would not want to see this done on a lot of projects; we want contractors to finish the job to specifications that they bid on and agreed to. Engineer Plantz explained that this was based on a disagreement in the quality of the final product in those punch lists.
Attorney Schmidt added that there was a good-faith waiver granted upon the award of the project because the WBE goals were not met. The MBE goals were met. The NAICS code selected did not capture the specialization of the painting.
Mr. Miller stated that it is not truly specialized painting. Project Engineer Plantz explained that they not only have to paint 200 feet in the air, but they must have special tarps, equipment, and special paint. They also must be able to prep and clean the tank afterward making it more specialized work.
AGENDA REVIEW SESSION JULY 20, 2023 174
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA VP Molnar advised that item 11.F: Environmental Restrictive Covenant will need to be tabled.
This was put together by outside council and the City legal department had some tweaks they want to make due to the EPA starting cleanup in August and they want to make sure that it accounts for the EPA cleanup.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Mr. Gilot asked for more details on item 11.A: Renewal contract for towing services – ASAP Towing & Recovery, Inc.
Attorney Schmidt advised that there were two (2) companies that were awarded this contract, there was an opportunity to renew, one (1) company decided they did not want to renew, and the other decided they would like to renew. He added there was no contractual obligation that both companies had to renew. He then deferred to Officer Knepper for more details.
Officer Knepper stated that the SBPD contacted both companies to see if they wanted to extend
their contract for one (1) year per the contract as next year they would have to go out for bids again. Vic’s Towing expressed no interest as they felt that it was cumbersome to deal with the police department and then the Department found out that they were not in compliance with reporting requirement. ASAP Towing did want to continue and expressed an interest in
submitting a bid next year as well. He clarified ASAP Towing has been supplying the appropriate reporting on a monthly basis.
LICENSES AND PERMITS President Maradik noted that on item 12.A.2: New Public Parking Facility for Smart Park, Inc.
the memo in the file noted that this would require to have a special exception from a zoning
standpoint. She wanted to make sure that this had been communicated to the applicant, and if not, the Board could approve “subject to” at the regular meeting vote.
RESOLUTIONS Mr. Gilot expressed concerns regarding item 10.C: Authorizing Appointment of a Responsible Corporate Officer for the Regulatory Purposes of Reporting Activity Related to Renewable Fuel Standard Program Operated by South Bend Wastewater Utility. Mr. Gilot saw in the memo that the Director of Wastewater Operations, Nancy Clay, will be assigned this role and Mr. Gilot wanted to ensure that she had protection under a bond or had liability exposure coverage like
other executive positions. Attorney Schmidt advised that he was not aware of this type of
coverage and noted he would look into it for Mr. Gilot.
PRIVILEGE OF THE FLOOR Board member Gary Gilot asked if there could be a policy put in place for new buildings and substantial renovations to old buildings. He elaborated that this would be for departments across
the city to ask them to think about the lowest life cycle cost rather than the lowest initial cost. He explained he hears a lot from departments that the budgets are tight so they cannot do things to make it sustainable and if the City is trying to be carbon neutral by 2050, a policy to be thinking about this would be helpful. He emphasized that we must change the way people think so that
this is being considered during the budgeting process.
Attorney Schmidt advised that he would work with Mr. Gilot to draft a resolution to bring to the Board for review.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the meeting at 11:01 a.m.
REGULAR MEETING JULY 25, 2023 175
REGULAR MEETING JULY 25, 2023
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday, July 25, 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 (absent), and
Board Members Gary Gilot, Jordan Gathers, 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 Mr. Gathers, seconded by Mr. Miller and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on July 6, and July 11, 2023, were approved.
OPENING OF BIDS – FIRE STATION NO. 8 REPLACEMENT – PROJECT NO. 122-034 (PR-00025426) 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:
R. YODER CONSTRUCTION INC.27453 County Road 150 Nappanee, IN 46550
shelly@ryoderconstruction.com Bid was signed by Mr. Jason Yoder
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.
Four (4) of Four (4) Addendum(s) Acknowledgement received.
BID:
*Clarifications Document Submitted
LARSON DANIELSON CONSTRUCTION CO., INC.
302 Tyler St. LaPorte, IN 46350 mcd@ldconstruction.com Bid was signed by Mr. Brian T. Larson 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.
Four (4) of Four (4) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $3,363,200.00
Alternate #1 Total $3,703,850.00
August 8, 2023
REGULAR MEETING JULY 25, 2023 176
Base Bid Total $3,858,000.00
Alternate #1 Total $4,113,000.00
GIBSON-LEWIS, LLC 1001 West 11th St. Mishawaka, IN 46544
BPalmer@gl.nceusa.com Bid was signed by Mr. Robert A. Lingenfelter Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
Four (4) of Four (4) Addendum(s) Acknowledgement received.
BID:
BROWN AND BROWN GENERAL CONTRACTORS, INC. PO Box 487, 124 S. Elkhart St. Wakarusa, IN 46573-0487
Heather@bbgc.us
Bid was signed by Mr. Bradley A. Romine 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. Four (4) of Four (4) Addendum(s) Acknowledgement received.
BID:
Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the above bids were referred to Engineering and the Fire Department for review and recommendation.
OPENING OF BIDS – 2023 CONCRETE REPAIRS – PROJECT NO. 123-022 (PR-00025459) 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 P. 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.
BASE BID TOTAL: $2,799,000.00
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 (2) of Two (2) Addendum(s) Acknowledgement received.
Base Bid Total $3,764,000.00
Alternate #1 Total $4,066,000.00
Base Bid Total $3,948,000.00
Alternate #1 Total $403,000.00
REGULAR MEETING JULY 25, 2023 177
BASE BID TOTAL: $2,874,323.23 Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the above bids were referred to Engineering for review and recommendation. AWARD BID AND APPROVE CONTRACT – PURE GREEN FARMS SITE
IMPROVEMENTS – PROJECT NO. 121-056 (PR-00021363)
Mr. Zach Hurst, Engineering, advised the Board that on July 11, 2023, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Hurst recommended that the Board award the contract to the lowest responsive and responsible bidder, C&E Excavating, Inc., in the amount of $378,801. Therefore, Mr. Gathers 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 AND APPROVE CONTRACT – 2023 CONTRACTOR PAVING, ROUND II – PROJECT NO. 123-024 (PR-00025457)
Mr. Scott Kreeger, Engineering, advised the Board that on July 11, 2023, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Kreeger recommended that the Board award the contract to the lowest responsive and responsible bidder, Rieth-Riley Construction Co., Inc., in the amount of $1,940,600; Base Bid Plus Alternate #1. Therefore, Mr.
Gathers 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 AND APPROVE CONTRACT – 2023 BRICK SPOT REPAIR – PROJECT NO. 123-057 (PR-00025460) Mr. Scott Kreeger, Engineering, advised the Board that on July 11, 2023, bids were received and
opened for the above referenced project. After reviewing those bids, Mr. Kreeger recommended
that the Board award the contract to the lowest responsive and responsible bidder, Acorn Landscaping LLC, in the amount of $169,850; Base Bid Only. Therefore, Mr. Gathers 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 QUOTATION AND APPROVE CONTRACT – 2023 CONTRACTED MICROSURFACING – PROJECT NO. 123-023 (PR-00026138) Mr. Scott Kreeger, Engineering, advised the Board that on July 11, 2023, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Kreeger recommended that the Board award the contract to the lowest responsive and responsible quoter, National Pavement Maintenance, in the amount of $97,960; Base Quote. Therefore, Mr. Gathers made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Mr. Miller seconded the motion, which
carried by roll call.
APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS – CENTRAL SERVICES PARKING LOT REPAIRS – PROJECT NO. 122-064R (PR-00025431) In a memorandum to the Board, Mr. Scott Kreeger, Engineering, requested permission to reject all quotes for the above referenced project due to quotes exceeding the available budget for the project and will requote at a later date. Therefore, upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the above request was approved.
APPROVE CHANGE ORDER NO. 2 (FINAL) AND PROJECT COMPLETION AFFIDAVIT
– NORTHWEST ELEVATED TANK IMPROVEMENTS – PROJECT NO. 122-018 (PO- 0018335) President Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted change order number 2 (final) on behalf of Viking Industrial Painting, LLC, indicating the contract amount be decreased by $35,500 for a new contract sum, including this change order, of $1,185,155. Also
submitted was the project completion affidavit indicating this new final cost of $1,185,155. Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, change order number 2 (final) and the project completion affidavit were approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – 2021 DEMOLITIONS – PROJECT NO.
121-036 (PO-0014260)
REGULAR MEETING JULY 25, 2023 178
President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Green Demolition Contractors, Inc., for the above referenced
project, indicating a final cost of $362,670. Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – 2022 CURB AND SIDEWALK, ROUND I (DIV. 1 & 2) – PROJECT NO. 122-001 (PO-0018048-1) President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Milestone Contractors North, Inc., for the above referenced project, indicating a final cost of $618,546.38. Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – MUESSEL GROVE PUBLIC RESTROOMS – PROJECT NO. 118-099R2 (PO-0019070-1) President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Gibson-Lewis, LLC, for the above referenced project,
indicating a final cost of $416,803. Upon a motion made by Mr. Gathers, 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 AND TITLE
SHEET – SOUTH WELL FIELD - WATER MAIN EXTENSION – PROJECT NO. 117-059B
(PR-00026362)
In a memorandum to the Board, Mr. Jacob Klosinski, 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 Mr. Gathers, seconded by Mr. Miller and carried by roll call, the above request to advertise was approved, and the title
sheet was approved and signed.
APPROVE TITLE SHEET– 2023 CURB AND SIDEWALK PROGRAM – PROJECT NO. 123-001 (PR-00025739)
Ms. Gemma Stanton, Engineering, advised that the title sheet for the above referenced project
was being presented at this time for execution. Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the above referenced title sheet was approved and signed. ADOPT RESOLUTION NO. 33-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY
Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the following resolution was adopted by the Board of Public Works: RESOLUTION NO. 33-2023
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 JAMES SWEENEY retired effective July 15th, 2023 from the South Bend Police Department after twenty-eight (28) 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. NDT6825, 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 JULY 25, 2023 179
BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory.
ADOPTED this 25th day of July, 2023.
CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk ADOPT RESOLUTION NO. 34-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY
Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 34-2023 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 (the “City”); 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, or which is unfit for the purpose for which it was intended; and WHEREAS, I.C. § 5-22-22-8 states that personal property may be deemed worthless if the sale or transportation of such personal property would cost more than its value and allows for
the disposition of such personal property at the discretion of the City; and
WHEREAS, City Attorney Aladean DeRose (“Ms. DeRose”) is retiring from the City’s Legal Department after more than thirty-two (32) years of service; and
WHEREAS, the HP ProBook 640 G5 laptop purchased in 2019 (the “Laptop”) issued by the City as asset no. 2019-1579 to Ms. DeRose for her use as City Attorney is four (4) years old, was slated for replacement, and is at the end of its useful life; and
WHEREAS, Ms. DeRose would like to keep the Laptop upon her retirement. WHEREAS, the City’s Information and Technology department has approved this request and taken proper steps to ensure that all proprietary information or access to City
accounts has been removed from the computer.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that the Laptop is no longer needed by the City, is unfit for the purpose for which it was intended, and has an estimated fair market value of Zero Dollars ($0.00); and
BE IT FURTHER RESOLVED that the Laptop be provided to Ms. DeRose and removed
from the City inventory, effective immediately upon the adoption of this resolution.
ADOPTED this 25th day of July, 2023. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Gary A. Gilot
REGULAR MEETING JULY 25, 2023 180
s/ Jordan V. Gathers s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk
ADOPT RESOLUTION NO. 35-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS AUTHORIZING THE APPOINTMENT OF A RESPONSIBLE CORPORATE OFFICER FOR THE REGULATORY PURPOSE OF REPORTING ACTIVITY RELATED TO RENEWABLE FUEL STANDARD PROGRAM OPERATED BY SOUTH BEND WASTEWATER UTILITY
Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the
following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 35-2023
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA AUTHORIZING THE APPOINTMENT OF A RESPONSIBLE CORPORATE OFFICER FOR THE REGULATORY PURPOSE OF REPORTING ACTIVITY RELATED TO RENEWABLE FUEL STANDARD PROGRAM OPERATED BY THE SOUTH BEND WASTEWATER UTILITY
The undersigned, being all of the members of the Board of Public Works (“BPW”) for the City of South Bend, Indiana (the “City”), by this written consent (this ‘Written Consent”) in accordance with the
broad powers authorized under Indiana Code § 36-9-2-1 et. al, hereby adopt the following resolution.
Appointment of ‘Responsible Corporate Officer’ for Regulatory Purposes WHEREAS, due to the nature of the activities of the City, the City is required, through a
Responsible Corporate Officer (“RCO”), to make certain submissions and certifications to the
United States Environmental Protection Agency (the “EPA”) pursuant to its Renewable Fuel
Standard Program; WHEREAS, the BPW deems it advisable and in the best interests of the City to designate Nancy Clay as the RCO for the City for such regulatory purposes (such appointment, the “RCO Appointment”); and
NOW THEREFORE, IT IS HEREBY RESOLVED, that Nancy Clay be, and hereby is,
appointed, authorized, and designated in all respects to be the RCO for the City with effect from the Effective Date (as defined below); FURTHER RESOLVED, that the RCO is hereby authorized and directed to execute and deliver, in the name and on behalf of the City, any documents as required or contemplated by the
foregoing resolution in accordance with the terms set forth in the foregoing resolution.
FURTHER RESOLVED, that the RCO is, authorized, in the name and on behalf of the City, to
prepare, execute, deliver and file such certificates, documents, instruments and other papers and to do or cause to be done all such acts and things as the managers, officers, or any of them, may deem necessary
or appropriate to effect fully the intents and purposes of any and all of these resolutions; and it is
FURTHER RESOLVED, that all acts and things previously done and performed or caused to be done and performed by the RCO, in the name and on behalf of the City prior to the Effective Date of this
Written Consent, in connection with the actions and transactions contemplated by the foregoing resolutions be, and they hereby are, ratified, confirmed and approved in all respects.
IN WITNESS WHEREOF, the undersigned have each executed this Written Consent and this Written Consent shall be effective as of the last signature date set forth below (the “Effective Date”).
ADOPTED this 25th day of July 2023. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS
s/ Elizabeth A. Maradik s/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk
REGULAR MEETING JULY 25, 2023 181
ADOPT RESOLUTION NO. 36-2023 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL
PROPERTY TO THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
Upon a motion made by Mr. Gathers, seconded by Mr. Miller and carried by roll call, the
following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 36-2023
A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE CITY OF SOUTH BEND REDEVELOPMENT COMMISSION
WHEREAS, the City of South Bend, Indiana, Board of Public Works (the “Board”) exists pursuant to Indiana Code Section 36-4-9-5, holds 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 Redevelopment Commission, the governing body of the City of South Bend, Indiana, Department of Redevelopment (the “Commission”), exists and operates pursuant to Indiana Code Section 36-7-14 (the “Act”); and
WHEREAS, the Board owns one (1) parcel of real property in the City on La Porte Ave., more particularly described on Exhibit A (the "Property"); and
WHEREAS, the Board desires to convey the Property to the Commission pursuant to Ind.
Code 36-1-11-8 for the purpose of making the Property available for re-use and redevelopment
in accordance with the Commission's purposes and powers under the Act; and
WHEREAS, it is anticipated that the Commission will adopt a resolution accepting the Board's conveyance of the Property to the Commission and appointing a representative to accept and record the deed received from the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS:
1.The Board hereby approves the conveyance of the Property to the Commission inaccordance with Indiana Code Section 36-1-11-8.
2.The President and Clerk of the Board are authorized and instructed to execute andattest, respectively, a quit claim deed in substantially the form attached hereto as Exhibit B,
conveying all of the Board's right, title, and interest in the Property to the Commission.
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 Commission, as well as to execute any other document
necessary to affect the Board’s conveyance to the Commission.
4. 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 July
25, 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/ Gary A. Gilot s/ Jordan V. Gathers s/ Murray L. Miller
ATTEST: s/ Theresa Heffner, Clerk
REGULAR MEETING JULY 25, 2023 182
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
Renewal Contract for Towing Services
ASAP Towing & Recovery, Inc.
One-Year Extension to Service Agreement for South Bend Police Department for Towing
and Storage Services till July 31, 2024
N/A Mr. Gathers / Mr. Miller *Mr. Gilot asked that Officer Knepper provide documentation for the file that Vic’s Towing did not want to extend their contract.
Service Exchange Agreement
CASIE Center & St. Joseph Co. Special Victims Unit
Renewal of Service Agreement for South Bend Police Department for Investigation Services
from January 1, 2023 till December 31, 2028
N/A Mr. Gathers / Mr. Miller
Amendment
No. 4 to
Owner- Engineer Agreement
Lawson-Fisher Associates P.C. Added Construction
Administration and
Regulatory Agency Coordination for West Gate Repair Project No. 122-063
$14,800; New Adjusted Total $80,700 (PR-00026331)
Mr. Gathers / Mr. Miller
Professional Services
Agreement
Black & Veatch
Corporation Design Services for Wastewater Treatment
Plant Dissolved Air
Flotation Building Improvements Project No. 123-031
$408,225
(Design),
120.417
(Construction Administration ); Total $528,642
Mr. Gathers /
Mr. Miller
Exclusive Municipal
Sanitary
Sewer Easement
4502 S.
Michigan Street LLC
Original Easement (Mike’s Carwash)
Approved March 14, 2023
Needs to Be Rescinded & Replaced Due to Pipeline Easement Conflicts with Sanitary Sewer Easement Project No. DP22-006
N/A Mr. Gathers / Mr. Miller
Recommendation for
Acceptance
Lawson-Fisher Associates Signing of Report of Contract Final Inspection
and Recommendation for Acceptance for Coal Line Trail, Phase I Project No. 115-063
N/A Mr. Gathers / 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
Smart Park Inc. Public Parking Facility - Renewal 7:00 a.m. to 7:00 p.m. 133 N. Main St. Mr. Gathers / Mr. Miller
Smart Park Inc. Public Parking Facility – New - See DCI Comments- Zoning Special Exception required
7:00 a.m. to 7:00 p.m. 220 W. Colfax Ave. Mr. Gathers / Mr. Miller * Subject to obtaining a zoning special exception and installing required signage Community Block Party Street Closure for Special Event
August 5,
2023; 8:00 a.m. to 4:00 p.m.
E. Dubail St. between
Fellows St. & S. St.
Joseph St.
Mr. Gathers / Mr. Miller
Eddy Street Commons Coffee & Cars
Street Closure for
Special Event
August 12, 2023; 6:00 a.m. to 2:00
N. Eddy St. between Angela Blvd. & Napoleon St.
Mr. Gathers /
Mr. Miller
REGULAR MEETING JULY 25, 2023 183
p.m.
Family Fun
Color Run
Street Closure for
Special Event
August 5,
2023; 7:00 a.m. to 1:00 p.m.
Intermittent Closures
W. Western Ave. to Laurel St. to Western Ave. to Chapin St.
Mr. Gathers /
Mr. Miller
Fusion Fest Street Closure for Special Event September 8- 10, 2023; 8:00 a.m. to 5:00 p.m. Cleanup
on 9/11 till
8:00 a.m.
E. Jefferson Blvd.
between Dr. Martin Luther King, Jr. Blvd. & S. St. Louis Blvd., S. St. Louis Blvd.
between E. Jefferson Blvd. & E. Wayne St.
Mr. Gathers / Mr. Miller
Malenis 5th
Birthday
Street Closure for
Special Event
August 26,
2023; 8:00 a.m. to 12:00 p.m.
Dale Ave. between E.
Dayton St. & Milton St.
Mr. Gathers /
Mr. Miller
Neighborhood Rally in the Alley
Street Closure for
Special Event
August 19, 2023; 3:00 p.m. to 11:00
p.m.
East/West Alley between N. Notre Dame Ave. & N. St. Peter St.
Mr. Gathers /
Mr. Miller
Near Northwest Neighborhood
Arts Café
Street Closure for Special Event
October 1,
2023; 9:00
a.m. to 8:00 p.m.
California Ave. between Sherman
Ave. & Cottage Grove Ave.
Mr. Gathers / Mr. Miller
Pop-Up Event Street Closure for Special Event
August 5,
2023; 1:00 p.m. to 7:00 p.m.
McPherson St.
between Napier St. & Western Ave.
Mr. Gathers / Mr. Miller
Porch-A- Paloosa Street Closure for Special Event August 16, 2023; 2:00 p.m. to 11:00
p.m.
N. Hill St. between Colfax Ave. & Northern Electric Parking Lot
Mr. Gathers / Mr. Miller
SBC-5K Peace Run Street Closure for Special Event
August 19,
2023; 7:00
a.m. to 12:00 p.m.
Intermittent Closures at Notre Dame Ave., Corby Blvd., N Hill St., N. Niles Ave.
Mr. Gathers / Mr. Miller
St. Casimir
Parish Festival
Street Closure for
Special Event
September 3,
2023; 6:00 a.m. to 7:00 p.m.
Dunham St. between
Webster St. & S.
Walnut St.
Mr. Gathers /
Mr. Miller
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
Exterior Solution, LLC Contractor Approved 07/12/2023
Sign Craft Industries, Inc. Contractor Approved 01/19/2023
Blue River Environmental & Restoration, Inc. Contractor Released 08/04/2023
Finer Finish Inc. Contractor Released 08/09/2023 Feitz Masonry LLC Contractor Released 08/17/2023
Lobito's Roofing LLC Contractor Released 08/09/2023
Ortiz Construction Contractor Released 08/03/2023
Ortiz Construction Contractor Released 08/03/2023
Shamrock Contractors LLC Contractor Released 08/09/2023
Mat Corp of Michiana Inc. Excavation Released 08/01/2023
Rees Yoder dba RL Yoder Excavating Excavation Approved 07/11/2023
Claudia’s Cleaning Service, LLC Occupancy Approved 07/17/2023
REGULAR MEETING JULY 25, 2023 184
Exterior Solution, LLC Occupancy Approved 07/12/2023
Rans Custom Building, Inc. Occupancy Released 08/11/2023
St. Joseph Co. Public Library Occupancy Released 07/25/2023
Rees Yoder dba RL Yoder Excavating Occupancy Approved 07/11/2023
Mr. Gathers 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-58780 07/07/2023 $1,478,018.03
City of South Bend Claims GBLN-59346 07/07/2023 $1,287,229.28
City of South Bend Claims GBLN-58537, GBLN- 59058, GBLN-59244 07/07/2023 $10,590.33
City of South Bend Claims GBLN-59689 07/11/2023 $1,127,121.22
City of South Bend Claims GBLN-59454, GBLN- 59726, GBLN-59748 07/12/2023 $2,546,680.44
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 Mr. Gathers, 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 9:56 a.m.
BOARD OF PUBLIC WORKS
August 8, 2023