HomeMy WebLinkAbout09262023 Board of Public Works MeetingAGENDA REVIEW SESSION SEPTEMBER 21, 2023 219
The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on September 21, 2023, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar,
and Board Members Gary Gilot, Alexandra Dolz-Lane (absent), 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.
AWARD BIDS AND APPROVE CONTRACTS Project Manager Patrick Sherman was present to answer questions regarding item 4. A.: VPA 2023 Splashpad Renovations. Mr. Sherman noted that the City received two (2) bids for this item. Larson and Danielson was the lowest bidder, but it was determined through conversations
with Public Works, ODI, and legal that they did not make good-faith efforts to meet the MWBE
goals for the project. Premium Concrete’s bid was slightly higher by about $7,500. Larson and Danielson did not meet the MBE or WBE goals and did not show a good-faith effort to be awarded a waiver. Premium Concrete met the MBE goal, but did not meet the WBE goals, but it was determined they showed a good-faith effort to meet the WBE goals, so they were awarded a
waiver. Premium Concrete used to be a WBE certified business, but they discontinued their
certification. Project Manager Sherman also added that the City purchased the equipment for the project separately through the QPA program.
Cynthi Simmons, Director of the Office of Diversity and Inclusion noted that their office would be reaching out to all vendors that do not have the MWBE certifications to see if they can convince them of the benefits.
CHANGE ORDERS
Mr. Miller asked about the percent of increase in the change order for item 5. A.: Monroe Circle Demolition. President Maradik noted that the file included an explanation of unforeseen conditions related to asbestos being encased in the concrete slabs that was not anticipated prior to demolition beginning. Senior Project Engineer Zach Hurst explained that the demolition went
smoothly until it was time to remove the concrete slabs. Abonmarche was the design consultant
on the project and were aware that the possibility existed, but they were not aware of how much pipe would be there. The air ducts travel beneath the slab, in all directions throughout the slab and they were cast monolithically which made it impossible to separate the pipe from the foundation slab and to that end, all the slab needed to be handled as hazardous at a net cost of
five (5) dollars per cubic foot. The City received a credit of a dollar per cubic foot because they
knew they had to remove the slab, but we did not know that it would need be treated as hazardous. VP Molnar asked if Mr. Hurst would have to go back to the RDC Committee for more funding.
Mr. Hurst noted that the project is still within budget.
STREET/ALLEY VACATIONS Gary Gilot asked about item 10. A.: Alley vacation, East/West at 428 S. Harris St. Mr. Gilot asked if there is an arbitrary reason rather than vacating it solely because it is a nuisance alley
that the residents must maintain. If there is a way to differentiate this from others, it should be
stated for the record and explained so that it does not become a common reason for vacations. President Maradik noted that the paperwork in the file explained that when there was streetscape work done in this area, the alley approach was removed. It appears that that end has already been fenced in, but people still try to enter from the other direction and think that they can keep
driving straight through, so this would allow them to block off the other end. Mr. Gilot noted that this looks more like a paper alley. PROJECT COMPLETION AFFIDAVITS Attorney Schmidt advised the Board on item 6. A.: Walker Field House Restoration. He advised
that the City requested to advertise for quoting two (2) or three (3) times; we even tried to go to the open market. Attorney Schmidt thanked the extensive efforts of Project Engineer Rebecca Plantz, as her efforts were what finally made the project awardable. This project was also tied to a grant that the City was subject to lose. The prime contractor here at Acculevel Commercial
REGULAR MEETING SEPTEMBER 26, 2023 220
Group, Inc. is typically a sub-contractor, but they stepped up as prime for this project. They were able to meet the WBE goals and received a good-faith waiver for the MBE goals.
REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS Attorney Schmidt advised the Board on item 7. A.: Angela Blvd. Roadway Improvements request to advertise. He explained that this was a prior project that the City advertised as a joint partnership with Notre Dame. When the pricing came in a little bit higher than the available
budget, Notre Dame was unwilling to do it at the price that came through, so now we are bidding
it with two (2) specifically defined divisions. Each division will have goals attributed to it. One division will be for the City’s portion and the other will be for Notre Dame’s portion. The city also wants to be sure that the goals are properly defined so that goals are met on the entire project.
PRIVILEGE OF THE FLOOR VP Joseph Molnar wanted to give kudos to the waterworks department. The EPA has been doing work at Drewry’s Brewery and a water line broke on the hydrant they were using and it cut off water to the private company next door. Waterworks was out there within a day or two (2) to
fix the issue with quick action when quick action was needed. VP Molnar added that they are
hoping to finish by the end of fall on all debris cleanup and asbestos removal.
Attorney Schmidt advised the Board of an item that was awarded at the last Board meeting for South Well Field Water Main Extension. He advised that it was awarded before fully vetting a
good faith waiver. It was captured through the bids that the lower bidder met the MBE and WBE
goals. During the review, it was identified that the WBE was an Illinois based company that had Indiana certification. So, because there is some reciprocity amongst MBEs and WBEs in Indiana and some other states, the prime contractor in this particular case was C&E Excavating. The Engineering team found that they had a vendor who had IDOA certification and they went with
them not understanding the geographical limitations of our ordinance that requires that you not
only be an Indiana-certified company but also be in our geographic marketplace that is defined in the program plan. Attorney Schmidt noted that he did not notice the item on the agenda, so he did not pull it off until internal conversations were complete. C&E Excavating thought they acted in good faith by using IDOA’s website and thinking it was acceptable for meeting the
goals; it was not so. The goals were not met on this project and it does require a waiver of the
goals. The company would not have provided any good faith efforts because they thought that they had met the goal through the IDOA certification.
Director of the Office of Diversity and Inclusion noted that her office would like to be sure that
this does not happen again in the future. Ideas were discussed on how to work with IDOA to
ensure that certifications that are by reciprocity from another state are marked clearly.
Attorney Schmidt closed by saying there is no further action needed by the Board of Public Works.
Mr. Miller asked if basing the disparity study on this is why it was narrowed. If you go back to the old disparity study, it had a wider range, which made the goals go up higher. Attorney Schmidt advised that there were two (2) counties in Illinois which made the goals go up higher. The reason those counties were removed is that they were tied into a supply purchase that they
were related to specialized equipment. They never should have been in there in the first place.
He continued stating that there needs to be a conversation offline to determine a better way to keep things like this from happening in the future. ODI has committed to working with the appropriate stakeholders to ensure the process is clear for everyone, while not punishing MWBE contractors and subs.
ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 11:10 a.m.
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REGULAR MEETING SEPTEMBER 26, 2023 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, September 26, 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, Alexandra Dolz-Lane (absent), Murray Miller (virtual), 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. Gilot and carried by roll call, the minutes
for the Agenda Review Session and Regular Meetings of the Board held on September 7, and
September 12, 2023, were approved.
OPENING OF BIDS – LIBERTY TOWER TIF PROJECT - PARKING GARAGE – PROJECT NO. 123-054 (PR-00027141)
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:
GOLF ACQUISITION GROUP LLC
141 E. 141ST
Hammond, IN 46327 willmarkunas@golfconstruction.net; zacharybanasik@golfconstruction.net Bid was signed by Mr. Will Markunas 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:
Base Bid Total $1,401,870.75
Alternate Totals $ 237,450.00
BROWNING CHAPMAN, LLC 2101 Bastian Ct.
Westfield, IN 46074 abrowning@browningchapman.com Bid was signed by Mr. Allan Browning 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.
BID:
Base Bid Total $ 978,810.25
October 10, 2023
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Alternate Totals $ 286,785.00
SLATILE ROOFING AND SHEET METAL CO., INC. 1703 S. Ironwood Dr. South Bend, IN 46613 gerald.longerot@slatile.com; debra.carothers@slatile.com
Bid was signed by Mr. Gerald Longerot Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. Two (2) of Two (2) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $1,351,750.00
Alternate Totals $ 263,000.00
RAM CONSTRUCTION SERVICES OF MICHIGAN, INC. 13800 Eckles Rd Livonia, MI 48150 dcanedo@ramservices.com; kknake@ramservices.com
Bid was signed by Mr. Robert T. Mazur
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.
BID:
Base Bid Total $1,025,000.00
Alternate Totals $ 326,700.00
TRISCO SYSTEMS, INC. 2000 Baty Road Lima, OH 45807 office@triscosystems.com, jay_behr@triscosystems.com
Bid was signed by Mr. Brian U. Walter
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:
Base Bid Total $1,739,860.00
Alternate Totals $ 311,009.00
D.C. BYERS COMPANY/ DETROIT INC.
16429 Upton Rd. Suite #3 East Lansing, MI 48823 lansing@dcbyersdetroit.com; dharshbarger@dcbyersdetroit.com Bid was signed by Mr. Doug Harshbarger
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. None of Two (2) Addendum(s) Acknowledgement received.
BID:
Base Bid Total $1,859,207.00
Alternate Totals $ 275,000.00
Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the above bids were referred to Public Works and Community Investment for review and recommendation.
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OPENING OF QUOTATIONS – CENTURY CENTER WATER SOFTENER SYSTEM (PR-00027808)
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:
D.A. DODD2516 N. Home St.
Mishawaka, IN 46545
garrettmcbride@dadodd.com Quotation was submitted by Mr. Garrett McBride Non-Collusion, Non-Discrimination Affidavit Form was NOT completed.
QUOTATION: $69,700.00
*Quote is valid for 10 (ten) days from 9/26/2023
HERMAN & GOETZ INC. 3419 N. Home St.
Mishawaka, IN 46545
tadams@hgservices.com; cgruber@hgservices.com Quotation was submitted by Ms. Kathleen A. Herrman Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $87,844.00
DYNAMIC MECHANICAL SERVICES 1606 Chestnut St. Mishawaka, IN 46545
Mbacsa@Dynamicmechanical.net
Quotation was submitted by Mr. Mike Bacsa Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $81,438.00
EDWARD J. WHITE, INC. 1011 S. Michigan St. South Bend, IN 46601 jbucher@ejwhiteinc.net
Quotation was submitted by Mr. Jeff Bucher, Jr.
Non-Collusion, Non-Discrimination Affidavit Form was completed.
QUOTATION: $80,718.00
Upon a motion made by VP Molnar, seconded by Mr. Gilot and carried by roll call, the above
quotations were referred to Public Works and Venues Parks and Arts for review and recommendation.
AWARD BID AND APPROVE CONTRACT – VPA 2023 SPLASHPAD RENOVATIONS –
PROJECT NO. 123-044 (PR-00026702)
Mr. Patrick Sherman, Engineering, advised the Board that on September 12, 2023, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Sherman recommended that the Board award the contract to the lowest responsive and responsible bidder, Premium Concrete Services, Inc., in the amount of $468,975.50. Therefore, VP Molnar made a
motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Gilot seconded the motion, which carried by roll call.
AWARD BID AND APPROVE CONTRACT – CLEVELAND RD. & AMERITECH DR. INTERSECTION IMPROVEMENTS – PROJECT NO. 122-049 (PR-00026179)
Mr. Scott Kreeger, Engineering, advised the Board that on August 22, 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, Milestone Contractors North, Inc., in the amount of $1,281,000. Therefore, VP Molnar made a
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motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Gilot seconded the motion, which carried by roll call.
AWARD BID AND APPROVE CONTRACT – YOUTH SERVICES BUREAU AND SOUTH BEND THRIVE SUBDIVISION INFRASTRUCTURE IMPROVEMENTS – PROJECT NO. 123-011 (PR-00026650) Mr. Jacob Klosinski, Engineering, advised the Board that on September 12, 2023, bids were
received and opened for the above referenced project. After reviewing those bids, Mr. Klosinski
recommended that the Board award the contract to the lowest responsive and responsible bidder, Rieth-Riley Construction Co., Inc., in the amount of $3,326,371.59; Base Bid Plus Alternate #1 (Unit 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. Gilot seconded the motion,
which carried by roll call.
APPROVE CHANGE ORDER NO. 1 – MONROE CIRCLE DEMOLITION – PROJECT NO. 123-048 (PO-0024348) President Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order
number 1 on behalf of Green Demolition Contractors, Inc., indicating the contract amount be
increased by $455,000 for a new contract sum, including this change order, in the amount of $1,306,600. 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 – WALKER FIELD HOUSE
RESTORATION – PROJECT NO. 120-010R (PO-0021974) President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Acculevel Commercial Group Inc., for the above referenced project, indicating a final cost of $74,040. Upon a motion made by VP Molnar, seconded by Mr.
Gilot and carried by roll call, the project completion affidavit was approved.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – ANGELA BLVD. ROADWAY IMPROVEMENTS – PROJECT NO. 122-059R (PR-00024760& PR-00024761)
In a memorandum to the Board, Ms. Leslie Biek, 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. Gilot 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
No. 1 to
Professional Services Agreement
DLZ Indiana,
LLC
Design Changes Not in
Original Scope for Angela
Blvd. Pedestrian Safety Improvements Project No. 122-059
$34,300; New
Adjusted
Amount; $194,200 (PO-0019975)
VP Molnar /
Mr. Gilot
APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion Carried Clark Birthday Street Closure for Special Event October 7, 2023; 3:00 p.m. to 10:00
p.m.
Haney Ave. between Fellows St. & Columbia St.
VP Molnar / Mr. Gilot
St. Nick 6 Street Closure for Special Event December 2, 2023; 8:00
a.m. to 12:00 p.m.
Brief Closures at St. Joseph Parish, East
Race North to Holy Cross College and Back
VP Molnar / Mr. Gilot
Spirited, LLC Sidewalk Café - Subject to Minimum Tuesday-Thursday 4:00 105 E. Jefferson Blvd. VP Molnar / Mr. Gilot
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ADA Clearance between Street Planters
p.m. to 11:00p.m.; Friday-Saturday 4:00p.m. to 1:00a.m.
APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT - VARIOUS LOCATIONS
ALONG MISHAWAKA AVE. AND PLEASANT AVE.
President Maradik stated an application for an encroachment and revocable permit has been received from River Park Neighborhood Association for the purpose of allowing Vinyl Wrapping of Five (5) Signal Boxes to be placed in the right-of-way at various locations along Mishawaka Ave. and Pleasant Ave. The encroachment shall remain in the right of way until the
time as the Board of Public Works of the City of South Bend shall determine that such
encroachment is in any way impairing or interfering with the highway or with the free and same flow of traffic and subject to the verbiage is oriented away from the street. Upon a motion made by VP Molnar, seconded by Mr. Gilot, and carried by roll call, the encroachment and revocable permit was approved subject to any verbiage on the wraps being places on a side of the signal
box that is oriented away from the street.
FAVORABLE RECOMMENDATION - PETITION TO VACATE THE EAST/WEST ALLEY AT 428 S. HARRIS ST. President Maradik indicated that Ms. Angela Rodriquez, has submitted a request to vacate the
above referenced alley. President Maradik advised the Board is in receipt of favorable
recommendations concerning this vacation petition from the Public Works Department, Fire Department, Police Department, and Community Investment who all state the request does meet the criteria of I.C. 36-7-3-13. Therefore, VP Molnar made a motion recommending approval of the request for vacation. Mr. Gilot seconded the motion which carried by roll call.
APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE President Maradik stated that the Board is in receipt of the following consents to annexation and waivers of rights to remonstrate. The consents indicate that in consideration for permission to tap
into public water/sanitary sewer system of the City, to provide water/sanitary sewer service to
the below referenced properties, the applicants waive and release all rights to remonstrate against or oppose any pending or future annexations of the properties by the City of South Bend:
A.Mr. Brian Miller, PO Box 706, Osceola, IN 46561
1. 18138 S. Cloverleaf Dr. – Water/Sewer (Key No.002-1015-030546)
Upon a motion by VP Molnar, seconded by Mr. Gilot and carried by roll call, the consents to annexation and waivers of rights to remonstrate were approved as submitted.
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
Alvaro Salazar DBA Stone Hard Concrete Contractor Approved 09/14/2023
C & E Excavating, Inc. Contractor Approved 09/26/2023
Crown Concrete Contractors Contractor Approved 09/20/2023
Justins Septic & Excavating LLC Contractor Released 10/13/2023
K. West Group Contractor Released 08/04/2023 Justins Septic & Excavating LLC Excavation Released 10/13/2023
K. West Group Excavation Released 08/04/2023
InfraSource Construction, LLC Excavation Released 09/26/2023 PirTano Construction Co., LLC Excavation Approved 09/08/2023
Alvaro Salazar DBA Stone Hard
Concrete
Occupancy Approved 09/14/2023
C & E Excavating, Inc. Occupancy Approved 09/26/2023
K. West Group Occupancy Released 08/04/2023
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PirTano Construction Co., LLC Occupancy Approved 09/08/2023
QC Communications, Inc. Occupancy Approved 09/11/2023
InfraSource Construction, LLC Occupancy Released 09/26/2023
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified. Mr. Gilot 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. 3,057 (Total # of Accountholders) as of the 3rd Quarter of 2023
In her memo, she stated Water Works customer service staff verified that all 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. Gilot 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-62754, GBLN-62967 09/05/2023 $2,499,315.76
City of South Bend Claims GBLN-62817, GBLN-63347 09/11/2023 $2,805,189.79
City of South Bend Claims GBLN-63400 09/12/2023 $3,045,081.53
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. Gilot, and carried by roll call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
Business Owner Shalonna Diggins, owner of Beauty Suites on Summit, LLC asked about the status of her encroachment application for a sign in the right of way. Board President Maradik explained that there is an internal review done by staff before it comes to the Board of Public Works for approval. She referred to Board Clerk Theresa Heffner for more details. Ms. Heffner
added that SBFD and Engineering had reviewed the application and that we were just waiting on Community Investment to review it. It is anticipated to be on the October 10, 2023 meeting agenda.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the meeting at 10:03 a.m.
October 10, 2023