HomeMy WebLinkAbout08222023 Board of Public Works MeetingAGENDA REVIEW SESSION AUGUST 17, 2023 195
The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on August 17, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar
(arrived at 10:31 a.m.), and Board Members Gary Gilot, Alexandra Dolz-Lane (arrived at 10:32
a.m.), Murray Miller, and Board Attorney Michael Schmidt present. The 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 Project Engineer Scott Kreeger was present to answer questions about item 8. C.: Memorandum for Understanding – Indiana Department of Transportation. He explained that this is for the
milling and paving of Michigan Street to Chippewa. INDOT is working on getting the
documents finalized with their legal team. This would extend their project from the 20-bypass bridge on US-31 to the Chippewa Street roundabout. Mr. Gilot asked how long ago this area was paved. He thought it hadn’t been that long ago.
Mr. Kreeger stated that he is uncertain as to when it was last paved but noted that it has been a while. Mr. Kreeger added that he would get the documents to Attorney Schmidt as soon as he receives them.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Mr. Miller asked about item 8. A.: Amendment to Lease Agreement – Catalyst Two, LLC. He wanted to know the status of the agreement with the SBCSC. VP Molnar explained that this amendment is between the City and the Technology Resource
Center in Ignition Park. There are contingencies put in the lease that would allow us to get out of
the lease without penalty if we move to the SBCS building. Director Horvath explained that they are still looking at the space to see if they can fit everyone in the building, but they are not certain they will be able to get every department in the building.
REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS Mr. Gilot asked if item 7. A.: Wastewater CNG Compressor Upgrade would be replacing the sphere.
Deputy Director Jitin Kain advised that this would be to replace the compressor at Solid Waste.
Director Horvath explained that this is for using solid waste gas for our trash trucks. The spheres have not been operational for a long time.
Mr. Gilot expressed safety concerns with a new compressor.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA Mr. Gilot asked about item 8. D.: Rescission of Professional Services Agreement – Black and Veatch Corporation for electrical improvements.
Director Horvath explained that the City put a hold on this. The thought is to use this funding to put in a generator for backup power. After the initial assessment, it was determined that it would be triple the cost that was in the budget. Generators can be moved around if we encounter a major outage, so we just put this on hold for now.
Mr. Gilot explained that the downtown underground grid of power is different from anywhere else in the City. It has two (2) separate primary feeds and two (2) separate sub-stations, and there is an opportunity to have two (2) feeds. He questioned why the City would add a generator at the Century Center when it is right on the redundant underground grid and can add a second power
service in. He added that it may require an interlock. Director Horvath spoke with Scott Herzceg after the meeting and confirmed that we do have two (2) AEP feeds into Century Center and it is a very reliable and redundant system. The reason for the generator in addition to the two (2) feeds was that it did go out in 2014 due to the fire in the
REGULAR MEETING AUGUST 22, 2023 196
underground system downtown. The Century Center would be used as a shelter if there was a large-scale emergency, so the thinking was that a generator would give additional redundancy.
When this happened in 2014, they were able to run a temporary line to a rented generator and get
Century Center back up and running within hours of it going down. Director Horvath advised that it makes sense to put a hold indefinitely on this project for now. PROJECT COMPLETION AFFIDAVITS
Attorney Schmidt was present to answer questions regarding item 6. A.: Four Winds Field Player
Facility Improvements. He explained that there was a good-faith effort waiver on the WBE goal; the MBE goal was exceeded for this project. PROJECT COMPLETION AFFIDAVITS
Attorney Schmidt was present to answer questions regarding item 6. B.: Morris Performing Arts
Center Carpet Replacement. He explained that there was a good-faith effort waiver on the MBE goal. This should have been categorized differently as it was not commercially reasonable to subdivide, but because it did have goals attached to it, they were able to reach the WBE goal because the prime contractor on the project was a WBE and they self-performed the work.
PRIVILEGE OF THE FLOOR Deputy Director Jitin Kain was present to answer questions about an item that did not make it on the agenda but will be added for the Tuesday meeting. He explained that an MOU will be added to the agenda and is between the City, the University of Notre Dame, and Visit South
Bend Mishawaka to share in the cost of constructing an urban trail that connects downtown to
the campus of Notre Dame. The total cost for the project is 11.5 million dollars. The City expects construction to begin next year. Mr. Gilot asked if the trail will have any pedestrian safety kiosk call stations similar to on
campus.
Deputy Director Kain explained that there will not be any safety kiosk, but there will be lighting and raised crossings for safety.
Director of Public Works Eric Horvath added that call stations are not as common anymore
because almost everyone has a cell phone. Vice President Joseph Molnar gave a status update on the Drewry Brewery site. He stated that the Environmental Protection Agency will be on site for about three (3) months to remove all the
debris, and asbestos and to remove the underground storage tanks.
Board Attorney Michael Schmidt advised that there will be an MOU added to the agenda for the Ice Box Expansion and Shiller Unit between American Arena and South Bend Youth Hockey, Inc. South Bend Hockey, Inc. and American Arena entered into an agreement before the
City got involved. The City was able to assist South Bend Youth Hockey, Inc., by purchasing the
chiller through American Arena’s QPA process. The original agreement for the other services that will be done on the project stays in place. The City assisted only with the purchase of the chiller system. This expansion will help them to host tournaments.
VP Molnar asked if Hotel Motels will be part of the MOU. Attorney Schmidt advised that it
would not be part of the MOU. Board Member Gary Gilot raised the idea of a policy for department heads to consider life cycle costs over lowest initial costs on projects they bring to the Board. He would like to see
them look at life cycle costs, rather than replacing in-kind suggesting this could be working into the budget next year. He exclaimed that overall, this will save the taxpayers money. He also wanted to note that he was on record as wanting to be carbon neutral by 2050. Director Horvath explained that this is considered in new projects. In particular, with Fire Station
8 we are looking at energy use and other things. Mr. Gilot noted that the Fire Station 8 project is the project he is concerned about. To get energy efficient equipment would require money from another source, because it is not in the budget.
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Director Horvath advised that it is much cheaper to cool than it is to heat here in South Bend, IN, strictly on energy use only. It makes sense to look at projects over the long term not the short
term. We are always up against budgets, so it is a constant battle to keep projects moving
forward.
Mr. Gilot advised that the Board sends a policy around that offers advice to department heads on new projects. He stated that he realized it may take a budget cycle to get this going.
Director Horvath recommended that tax saving funds could be placed into a sustainability account that could be used on projects for energy efficiency, etc.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 11:04 a.m.
REGULAR MEETING AUGUST 22, 2023
The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, August 22, 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 (arrived at 9:38 a.m.), Alexandra Dolz-Lane, Murray Miller, and Board Attorney Michael Schmidt, with a roll call. President Maradik reminded virtual attendees to mute their microphones and turn off their cameras when not speaking, and to save their questions and comments for the Privilege of the Floor.
APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on August 3, and August 8, 2023, were approved. Mr. Gilot was not present for the vote.
OPENING OF BIDS – CLEVELAND RD. & AMERITECH DR. INTERSECTION IMPROVEMENTS – PROJECT NO. 122-049 (PR-00026179) This was the date set for receiving and opening sealed bids for the above referenced project. The Clerk tendered proof of publication of the 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
September 12, 2023
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akrueger@milestonelp.com Bid was signed by Ms. Lynn J. Bauer
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. Three (3) of Three (3) Addendum(s) Acknowledgement received.
BID TOTAL: $1,281,000.00
PREMIUM CONCRETE SERVICES, INC. 712 Richmond St. Elkhart, IN 46516
rbecker@premiumconcreteonline.com
Bid was signed by Mr. Max 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.
Three (3) of Three (3) Addendum(s) Acknowledgement received.
BID TOTAL: $1,517,321.00
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. Three (3) of Three (3) Addendum(s) Acknowledgement received.
BID TOTAL: $1,639,630.15
RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 ralvarado@rieth-riley.com; dsauer@rieth-riley.com
Bid was signed by Mr. Ruben Alvarado
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. Three (3) of Three (3) Addendum(s) Acknowledgement received.
BID TOTAL: $1,511,791.59
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. Gilot was not present
for the vote.
OPENING OF BIDS – SOUTH WELL FIELD-WATER MAIN EXTENSION – PROJECT NO. 117-059B (PR-00026362)This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to be sufficient. The following Bids were opened and publicly read:
HRP CONSTRUCTION, INC. 5777 Cleveland Rd., P.O. Box 266
South Bend, IN 46624-0266 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.
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Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. One (1) of One (1) Addendum(s) Acknowledgement received.
BID TOTAL: $2,271,000.00
G.E. MARSHALL, INC. 1351 Joliet Rd.
Valparaiso, IN 46385
austin.miller@gemarshall.com Bid was signed by Mr. Frank Marshall 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 One (1) Addendum(s) Acknowledgement received.
BID TOTAL: $2,385,443.87
C & E EXCAVATING, INC.
53767 County Road 9 Elkhart, IN 46514 aclark@candeexcavating.com Bid was signed by Mr. Thad Bessinger
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 One (1) Addendum(s) Acknowledgement received.
BID TOTAL: $1,597,000.00
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above bids were referred to Public Works for review and recommendation.
OPENING OF QUOTATIONS – LEXINGTON AND DARDEN HYDRANT INSTALLATION
–PROJECT NO. 122-053 (PR-00027005)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:
HRP CONSTRUCTION, INC.
5777 Cleveland Rd., P.O. Box 266 South Bend, IN 46624-0266 cindyv@hrpconstruction.com Quotation was submitted by Ms. Nancy Knapik
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
QUOTATION: $398,000.00
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.
AWARD BID AND APPROVE CONTRACT – 2023 CURB AND SIDEWALK PROGRAM – PROJECT NO. 123-001 (PR-00025739)
Ms. Gemma Stanton, Engineering, advised the Board that on August 8, 2023, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Stanton recommended that the Board award the contract to the lowest responsive and responsible bidder, Premium Concrete Services, Inc., in the amount of Division A $64,949; Division B $335,583; Division C $246,378; Division D $157,478; Division E $169,030. 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. 3 (FINAL) – 2022 CONTRACTOR PAVING, ROUND III – PROJECT NO. 122-048 (PO-0020444)
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President Maradik advised that Mr. Scott Kreeger, Engineering, has submitted change order number 3 (final) on behalf of Rieth-Riley Construction Co., Inc., indicating the contract amount
be increased by $117,773.68 for a new contract sum, including this change order, in the amount
of $2,419,480.43. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved.
APPROVE CHANGE ORDER NO. 3 – NORTH WATER TREATMENT PLANT
IMPROVEMENTS – PROJECT NO. 119-011 (PO-0016353)
President Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted change order number 3 on behalf of Bowen Engineering Corporation, indicating the contract amount be increased by $5,687 with an additional one hundred eighty-one (181) days for a new contract sum, including this change order, in the amount of $3,557,327 with a new completion date of
November 30, 2023. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by
roll call, the change order was approved.
APPROVE CHANGE ORDER NO. 1 – NEIGHBORHOOD INFRASTRUCTURE - RIVERSIDE AND LELAND AVE. – PROJECT NO. 121-048AR (PO-0020314)
President Maradik advised that Ms. Leslie Biek, Engineering, has submitted change order
number 1 on behalf of Milestone Contractors North, Inc., indicating the contract amount be decreased by $346.64 for a new contract sum, including this change order, in the amount of $823,653.36. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change order was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – FOUR WINDS FIELD PLAYER FACILITY IMPROVEMENTS – PROJECT NO. 122-021 (PO-0019560) 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 $1,411,868. Upon a motion made by VP Molnar, seconded by Mr.
Miller and carried by roll call, the project completion affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – MORRIS PERFORMING ARTS CENTER CARPET REPLACEMENT – PROJECT NO. 121-029B (PO-0016843)
President Maradik advised that Ms. Rebecca Plantz, Engineering, has submitted the project
completion affidavit on behalf of Carpet Service Outlet, Inc., for the above referenced project, indicating a final cost of $216,774.50. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the project completion affidavit was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET – WASTEWATER CNG COMPRESSOR UPGRADE – PROJECT NO. 119-109 (PR-00027076) 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 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.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – LIBERTY
TOWER TIF PROJECT - PARKING GARAGE – PROJECT NO. 123-054 (PR-00027141)
In a memorandum to the Board, Mr. Zach Hurst, 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.
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following agreements/contracts/proposals/addenda were submitted to the Board for approval: Type Business Description Amount/ Funding Motion/ Second
Amendment
to Lease Agreement
Catalyst Two,
LLC
Extends Lease of
Technology Resource Center in Ignition Park for Three (3) Years from July 1, 2023 to June 30, 2026
N/A VP Molnar /
Mr. Miller
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Professional Services Agreement
Webster Environmental Associates, Inc.
Odor Control Study and Hydrogen Sulfide Evaluation of IN Tek & IN Kote Sanitary Trunk Sewers
NTE $23,500 (PR-00027034) VP Molnar / Mr. Miller
Memorandum of
Understanding
Indiana Department of
Transportation
TABLED: Additional Paving of US31 (Michigan
St.) from INDOT Project
Limits to Chippewa Ave. Project No. 123-066
$978,930.17 (PR-00027021) TABLED VP Molnar /
Mr. Miller
Rescission of Professional Services Agreement
Black and Veatch Corporation
Rescission of Design Services for Century Center Electrical & HVAC Improvements Project No. 122-017
(PO-0024751) VP Molnar / Mr. Miller
Real Property Transfer
Agreement
LaSalle Council, Boy
Scouts of America, Inc. No. 165
Transfer of Property at 1340 South Bend Ave., for
Expansion of Services
N/A VP Molnar / Mr. Miller
Memorandum of Understanding
The University of Notre Dame du Lac & Visit South Bend Mishawaka,
Inc.
Jointly Partner for Redesign, Modernization and Improvements to Right-of-Ways at E. LaSalle Ave., East Bank
of St. Joseph River, N. Hill St., South Bend Ave., Notre Dame Ave., and Angela Blvd. from April 2024 to October 19, 2024
in Two (2) Phases, Urban Trail that Connects DTSB to UND
$11,500,000 VP Molnar / Mr. Miller
Memorandum of Understanding
American Arena, LLC / South Bend Youth Hockey,
Inc.
Ice Box Expansion and Chiller Unit Project No. 123-036
$1,539,292.26 (PR-00026976) VP Molnar / Mr. Miller
APPROVAL OF LICENSE AND PERMIT APPLICATIONS
The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion
Carried
Bergan St.
Block Party
Street Closure for
Special Event
September 2,
2023; 8:00
a.m. to 8:00p.m.
Bergan St. between
Olive St. & Elmer St.
VP Molnar /
Mr. Miller
E. Colfax Ave.
Block Party
Street Closure for
Special Event
September 10,
2023; 3:00 p.m. to 9:00p.m.
E. Colfax Ave.
betweenTwyckenham Dr. &N.Esther St.
VP Molnar /
Mr. Miller
Jesus March Street Closure for Special Event October 7, 2023; 10:00 a.m. to 1:30
p.m.
Adams High School to Four Winds Field, Riley High School to
Four Winds Field,
Charles Black Center to Four Winds Field, Northshore Triangle to Four Winds Field
VP Molnar / Mr. Miller
Maleni’s 5th Birthday Street Closure for Special Event - Revised from July
September 2, 2023; 8:00 a.m. to 12:00
Dale Ave. between E. Dayton St. & Milton St.
VP Molnar / Mr. Miller
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25th Meeting p.m.
N. Coquillard
Dr. Block Party
Street Closure for
Special Event
September 4,
2023; 2:00 p.m. to 8:00p.m.
N. Coquillard Dr.
between Rockne Dr.& Cherry Tree Ln.
VP Molnar /
Mr. Miller
Riley High School Homecoming Parade
Street Closure for Special Event October 6, 2023; 6:00 p.m. to 6:45p.m.
Ireland Rd. (Christian Center) to Miami Blvd. to Jackson Rd.
VP Molnar / 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
Infrasource Construction LLC Excavation Released 08/22/2023
Jeffrey Daugherty dba Daugherty Concrete Occupancy Approved 08/03/2023
Infrasource Construction LLC Occupancy Released 08/22/2023
Bass Septic & Sewer, Inc. Occupancy Approved 08/09/2023
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified. Mr. Miller seconded the motion, which carried by roll call.
RATIFY PREAPPROVED CLAIMS PAYMENTS VP Molnar stated the Board received notices of the following preapproved claim payments from the City’s Department of Administration and Finance:
Name Date Amount of Claim
City of South Bend Claims GLBN- GBLN-60424 07/25/2023 $4,082,375.35
City of South Bend Claims GBLN-60506, GBLN-
60582, GBLN-61100
08/01/2023 $733,415.14
City of South Bend Claims GBLN-61215, GBLN-61220, GBLN-61221 08/01/2023 $7,199,133.38
City of South Bend Claims GBLN-600902 08/01/2023 $2,852,535.61 City of South Bend Claims GBLN-61331 08/08/2023 $4,529,914.94
City of South Bend Claims GBLN-61496, GBLN-
61659
08/15/2023 $2,219,867.95
Each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Therefore, upon a motion by VP Molnar, seconded by Mr. Miller, and carried by roll call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
City Engineer Kara Boyles spoke to the Board members about research findings on the Southeast Park project regarding the pour-in-place playground. There were some questions
regarding the bid package for Sinclair Recreation which has already been awarded, but we
wanted to let you know that we did receive all the accurate forms under the RBO. We did make inquiries in terms of apprenticeship programs and the evidence shows that there is no such apprenticeship program for pour-in-place. Typically, when you are doing a pour-in-place, you are certified to do that kind of work. We think we made a good determination and wanted to
provide an update.
Attorney Schmidt, wanting to make sure he understood everything correctly, stated that the RBO requires an apprenticeship program unless there is not a recognized apprenticeship for the type of work being complete.
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City Engineer Boyles stated he was correct. She continues by adding that there are commonly different things across the city where that happens. Other good examples where there are no
apprenticeship programs include sewer linings, brick spot repairs, and micro surfacing.
Mr. Miller asked if the Board could get a copy of the research that was done. City Engineer Boyles noted that the research is reaching out to people and having conversations.
She added that she can write a memo to the Board.
Board Member Gary Gilot wanted to pass along a compliment regarding a city staff member. He hired the same company that did the carpeting at the Morris and they were very complimentary of Project Engineer Rebecca Plantz. They said that she was a good communicator
through all the hurdles that came with the project.
Board Member Gary Gilot wanted to thank Pat McMahon and thank him for his service with Youth Hockey for many decades. He was a prior Public Works Director and Redevelopment Director. When the City had an item about the Century Center, he was the guy that was involved
in the construction oversight. Pat also played hockey for the University of Notre Dame and had a
passion for making it available to the youth in the area. Pat McMahon from Ice Box Skating Rink in South Bend thanked the Board for supporting the project. He thanked Attorned Schmidt for helping them navigate through everything so quickly.
Eric Parcell, Project Manager with R. Yoder Construction, introduced himself and noted that they were the lowest bidder on Fire Station 8 project, and asked about the status of the project. He was expecting to see it on the agenda soon.
City Engineer Boyles stated that Engineering is waiting on a determination of MWBE goals, so
that is where this project stands right now. Board Member Murray Miller asked if MLK Dream Center was out for bid as he didn’t remember seeing it come to the Board as a request to advertise agenda item.
City Engineer Boyles explained that it came to the Board in the way of a contract with Garmong Construction for the construction manager on the project. They will initiate the process of opening of the bids through the statute.
Attorney Schmidt advised that there are some internal discussions going on about how the bids
will be received, that actual submission of the bids and associated with the scope of work and the twenty (20) to thirty (30) different bid packages is grouped under that construction management contract. This was the pre-construction services that was talked about a meeting ago that was captured under the $28,892 agreement. Garmong Construction is going to bid these packages out
and once they are received and reviewed, that sets the Guaranteed Maximum Price for the
project. Garmong will be using Building Connected to receive the bids. Attorney Schmidt advised that he has pushed back on the Engineering team on how the bids are going to be accepted.
City Engineer Boyles noted that she can send the link that was put up on the City’s website on
Monday that will take you to the Building Connected site which gives you all the information and notes the pre bid meeting that will take place on August 30th. It also shows that there are twenty-two (22) bid packages to submit and has a bid due date of September 19th. The question is if the bids will be received here during a public meeting and understanding the requirements of
that. Mr. Miller asked if Garmong will still need to follow all the bid requirements. He also asked if there was a request to advertise.
Attorney Schmidt advised that the advertising is grouped into the entirety of the project when we assigned those duties over to Garmong as the construction manager. They are essentially our prime contractor for this type of work. The way the statute works is that it allows them to go and solicit the first tier contractors, which then get reviewed by the City, but they get selected in this handholding process. We are not separately advertising twenty (20) or more projects through the
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Board of Public Works. It is one project which was advertised and went through the proper statutory procedures. Then there are subcontractors that are going underneath that.
Mr. Gilot explained that we have a lot of experience with Design-Bid-Build opened here. This is our first time with the contractor-at-risk prime doing a design-build approach to try and save money. We have a budget for an important project and our experience lately on Design-Bid-Build has been awful in terms of bids being way over estimated. We are hoping this new method
will allow us to work with a prime contractor and take some of the risk that they see out of it and
get us a guaranteed price that is within our budget. Mr. Gilot added that the transparency of a package coming back here even though it is the prime’s duty is important.
Attorney Schmidt advised that he has communicated that it will be the Board’s expectation to
have a more hands-on role in these first-tier sub-contractors, which may be different from what
Garmong has dealt with in other projects throughout the state.
City Engineer Boyles advised that no one disagrees with the concept of having the bids received here in a public meeting.
Mr. Gilot noted that he is new to this statute, and does not even know if a prime in this situation
is obligated to take the lowest responsible responses of the package, or if they can just pick the
one that is the best fit for a myriad of reasons to a matrix.
City Engineer Boyles stated that is correct. It is not strictly the lowest, responsible, responsive bidder on each package. We have other requirements, so MBE and WBE or other things might
drive their selection.
Attorney Schmidt explained that there is greater flexibility permitted. There is still the expectation that they weigh the responsibility and the responsiveness of the first-tier subcontractors bidding on this project. The statute is vague, but we are also making sure we are
transparent to the best of our abilities.
Attorney Schmidt advised that there is a request to advertise requirement. By accepting Garmong as your construction management company, you are essentially assigning that responsibility to request to advertise to the construction management company. They need to advertise those
projects or the scope of the work for the twenty-two (22) bid packages. Garmong has done that. They then have to be opened up at a specific date through a specific time, similar to how Public Works was performing the job with a traditional design.
Mr. Miller asked where they advertised at.
Attorney Schmidt stated that they advertised through Building Connected. It is also on the City’s website as of Monday.
Mr. Gilot asked if we still use ARC Planwell for projects.
President Maradik noted that the link that is on our website will direct people to the Building Connected system that Garmong is using.
Mr. Miller shared concerns with how the project was advertised, noting that it was directed to
more of the southern part of the state. He assumed it would follow the regular public bidding statute.
Mr. Gilot advised that it should be posted to the City’s website and in the virtual plan room (ARC).
City Engineer Boyles advised that the link is on the City’s website and that Clerk Heffner would check on the posting to ARC Planwell.
REGULAR MEETING AUGUST 22, 2023 205
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:12 a.m.
September 12, 2023