HomeMy WebLinkAbout02272024 Board of Public Works MeetingAGENDA REVIEW SESSION FEBRUARY 22, 2024 27
The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on
February 22, 2024, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar
(absent), and Board Members Gary Gilot, Murray Miller, Briana Micou, 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
City Attorney Jenna Throw was present to answer questions about item 8. A.:MOU – Teamsters
Local Union No. 364.
Mr. Miller asked if this was in the negotiating. City Attorney Throw advised that it was
discussed last year during the budget cycle and the Common Council approved some of these
increases during the budget meetings. Once we saw what the Council was able to approve, there
is one (1) that still needs to be cleaned up with Council that is going through the first reading on
Monday and then the rest of the rates reflect the Teamster’s Agreement to what the Council
passed in the budget cycle.
Mr. Gilot asked if the Board needs to approve subject to Common Council approval. City
Attorney Throw advised that all but one (1) items have already been approved by the Common
Council during the budget cycle. We just wanted to clean up the MOU and the Teamsters were
also in agreement to establish the new wage table for equipment services going into negotiations
this summer. She stated she believed it is Machinist five (5) that still needs to be heard by
Council.
Attorney Schmidt advised that the Board can approve it on Tuesday, it just won ’t be effective
until the Council approves. City Attorney Throw advised that the Board of Public Works is the
signatory to the MOU.
City Attorney Throw added that if Jeff Hudak was online he could confirm that these rates were
increased to try to make them a little bit more competitive in the private sector.
AWARD BIDS AND APPROVE CONTRACTS
Senior Engineer Zach Hurst was present to advise the Board that item 3. A.: Demolition of 1000
W. Sample St. – Former Fun FX Building will be changed to Reject all Bids and Request to Re-
advertise for the receipt of bids. The two (2) lowest bids did not meet the MBE and WBE goals.
The third lowest bid does appear to be complete and responsive, however, it is a price differential
of $275,000, so he did not feel that we can move forward at that price.
Mr. Miller asked why Green Demolition did not meet the goals. Senior Engineer Hurst stated
that Green Demolition made an error in their bid submission by counting a WBE as an MBE as
well. The error was very out of character, they have been good about compliance, but a
paperwork error that unfortunately cannot be navigated.
CHANGE ORDERS
Senior Engineer Hurst was present to answer questions regarding item 4. A.:430 Cottage Grove
Ave. TIF Project for Miscellaneous Repairs. He explained that the city is partnering with a
developer names Jordan Richardson, who runs Property Brothers. He is working to rehab a
couple of duplexes here on the Northwest side. The scope of the work is basically reframing the
front porch. As soon as they got the porch ripped off, they ran into some rotting wood with some
gunshot holes, so just some unforeseen extra removal and replacement. In addition, there are
some flat spots along the foundation where the water does not properly grade away, so a little
more work is needed than anticipated.
Mr. Miller asked if the repairs were being paid for by the homeowner or the City. Senior
Engineer Hurst stated the repairs are covered through a City TIF fund through the
Redevelopment Commission. Generally, with these development agreements, the developer must
invest around $850,000 and the city is investing around $150,000.
REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS
REGULAR MEETING FEBRUARY 27, 2024 28
Senior Engineer Hurst was present to answer questions regarding item 6. C.: Drewry’s Brewery
Cleanup, Phase I – Outbuilding & Demolition Debris. He provided a PowerPoint presentation to
show pictures of the work that will be involved in the demolition of the outbuildings. He advised
that it will be challenging and dangerous for the laborers and operators to get in there and knock
this stuff out. We want to make sure they can get it hauled out properly and make sure they have
room to work.
Cynthia Simmons, Director of Diversity/Inclusion, asked if the site has always been asbestos free
because one (1) of the public outcries was that they were afraid that asbestos was flying in the air
and that they were not properly demolishing the site. Senior Engineer Hurst explained that
asbestos has been the big concern there on the site and that is what the Environmental Protection
Agency (EPA) came on site to do. They moved all the piles around and they had certified
asbestos trained personnel out there, so everything was handled in accordance with state and
federal regulations, but that is really why the EPA was out there specifically to clean up all that
asbestos that has been intermingled everywhere. They attacked the asbestos in the construction
debris piles and went into all the buildings, got into the walls, they took down any piping they
could find, so any known environmental issue on this site was remediated by EPA and they just
recently sent us a report outlining all the efforts that they had done there.
Mr. Gilot commented that a legacy Studebaker building with environmental issues and hazards
for demolition remediation and so on, the bigger demolition contractors have three (3) way
clamping buckets and they have those dinosaur looking things that chew the building apart and
so it is much more mechanized and less risk to do. Senior Engineer Hurst noted that he is hoping
so. It may necessitate somebody with the right equipment because it is a dangerous situation out
there.
Paula Sours asked to be included in the notification when the City is ready to begin the
advertising process.
RESOLUTIONS
Aaron Knepper was present to answer questions about item 7. A.: Asset disposal for Twenty-two
(22) Shotguns and Eleven (11) Handguns.
Mr. Gilot sought clarification by asking if the guns would be put on the street. Aaron Knepper
responded that these guns are not going for general sales, they are being traded to Keisler’s
place. They will be sold only to other police agencies or military agencies. They will not be
going to citizens at all and then the SBPD gets a credit through their agency.
CHANGE ORDERS
Mr. Miller asked if the third-party testing was left out of the specifications by the architects for
item 4.C: Fire Station No.8 Replacement.
Senior Engineer Hurst noted yes, we have a couple architecture issues on this one and we are
keeping track of those as we go along.
INDUSTRIAL WASTEWATER DISCHARGE PERMITS
Mr. Gilot asked about item 11. A.: Messer, LLC and whether hydrogen sulfide should be added
to the permit so that it can be monitored. Board Clerk Heffner reached out the Serena Lozano-
Shane after the meeting to get a response to Mr. Gilot’s question. She responded with:
“To answer [Mr. Gilot’s] question, we have the authority to monitor any of our Industrial
Users for H2S levels according to Permit Part IV (A) (2) (o). Specific prohibitions. No
permittee shall introduce or cause to be introduced certain pollutants, substances, or
wastewater into any public sewers or directly or indirectly into the POTW. Those
pollutants, substances or wastewater prohibited by this subsection shall not be processed
or stored in such a manner that they could be discharged to the POTW. The following
described pollutants are expressly prohibited: Noxious or malodorous liquids, gases,
solids, or other wastewater which, either singly or by interaction with other wastes, are
sufficient to create a public nuisance or a hazard to life, or to prevent entry into the
sewers for maintenance or repair.”
REGULAR MEETING FEBRUARY 27, 2024 29
PRIVILEGE OF THE FLOOR
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:55 a.m.
REGULAR MEETING FEBRUARY 27, 2024
The Regular Meeting of the Board of Public Works was convened at 9:29 a.m. on Tuesday,
February 27, 2024, 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, Murray Miller, Briana Micou, 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 February 8, and
February 13, 2024, were approved.
OPENING OF BIDS – WASTEWATER CNG COMPRESSOR UPGRADE – PROJECT NO.
119-109R (PR-00027076)
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:
KOONTZ-WAGNER SERVICES
3801 Voorde Dr., Suite B
South Bend, IN 46628
bscott@kwservices.com
Bid was signed by Mr. Anthony J. Maloney, III
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:
Base Bid Total $1,545,000.00
March 12, 2024
REGULAR MEETING FEBRUARY 27, 2024 30
Alternate #1 Total $78,388.84
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 BIDS – WASTEWATER TREATMENT PLANT DEGRIT BUILDING YARD
PIPING REPLACEMENT – PROJECT NO. 123-031A (PR-00030459)
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 Road
South Bend, IN 46624
jeredb@hrpconstruction.com; cindyv@hrpconstruction.com
Bid was signed by Mr. Matthew D. Cain
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum(s) Acknowledgement received.
BASE BID TOTAL: 479,000.00
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.
APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS – DEMOLITION OF 1000 W.
SAMPLE ST. - FORMER FUN FX BUILDING – PROJECT NO. 123-014 (PR-00030442)
In a memorandum to the Board, Mr. Zach Hurst, Engineering, requested permission to reject all
bids for the above referenced project due to bidders being non-responsive and requests to re-
advertise. Therefore, upon a motion made by VP Molnar, seconded by Mr. Miller and carried by
roll call, the above request was approved.
After the vote, Mr. Gilot asked if all the bidders were non-responsive on the WMBE goals.
Dairus Lipsey, Contract Compliance Administrator for the Office of Diversity and Inclusion,
noted that the two (2) lowest bids were non-responsive while the other bid exceeded the budget.
President Maradik noted that there was a difference of $275,000 between the second and third
bids.
APPROVE CHANGE ORDER NO. 1 – 430 COTTAGE GROVE AVE. TIF PROJECT - MISC.
REPAIRS – PROJECT NO. 123-062G (PO-0027981)
President. Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order
number 1 on behalf of TRCC LLC, indicating the contract amount be increased by $8,210 for a
new contract sum, including this change order, in the amount of $38,810. 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 – VPA SPLASHPAD RENOVATIONS – PROJECT NO.
123-044 (PO-0026735)
President Maradik advised that Mr. Patrick Sherman, Engineering, has submitted change order
number 1 on behalf of Premium Concrete Services Inc., indicating the contract amount be
increased by $13,459.50 for a new contract sum, including this change order, in the amount of
$482,435. 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. 2 – FIRE STATION NO. 8 REPLACEMENT – PROJECT
NO. 122-034 (PO-0026318)
President Maradik advised that Mr. Zach Hurst, Engineering, has submitted change order
number 2 on behalf of R Yoder Construction, indicating the contract amount be increased by
$101,833 for a new contract sum, including this change order, in the amount of $3,882,440.37.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change
order was approved.
REGULAR MEETING FEBRUARY 27, 2024 31
APPROVE CHANGE ORDER NO. 2 – 2023 TRAFFIC CALMING – PROJECT NO. 122-
014C (PO-23430, 23429, 23419, 23411, 23428, 23427)
President Maradik advised that Ms. Charlotte Brach, Engineering, has submitted change order
number 2 on behalf of Selge Construction Co., Inc., indicating the contract amount be increased
by $268,013.46 with an additional one hundred eighty-six (186) days for a new contract sum,
including this change order, in the amount of $2,078,240.31 with a new completion date of May
1, 2024. 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 – CENTURY CENTER SKYWAY
RESTROOM UPGRADE – PROJECT NO. 123-042 (PO-0024694)
President Maradik advised that Mr. Kyle Ludlow, Engineering, has submitted the project
completion affidavit on behalf of Larson-Danielson Construction Co., Inc., for the above
referenced project, indicating a final cost of $171,056. 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 – IRELAND ROAD & IRONWOOD DRIVE INTERSECTION IMPROVEMENTS –
PROJECT NO. 123-050 (PR-00031353)
In a memorandum to the Board, Mr. Scott Kreeger, 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 AND TITLE
SHEET – 2024 COMMUNITY CROSSINGS – PROJECT NO. 124-006 (PR-00031357)
In a memorandum to the Board, Mr. Scott Kreeger, 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 – DREWRY’S
BREWERY CLEANUP, PHASE I - OUTBUILDING & DEMOLITION DEBRIS – PROJECT
NO. 119-031C (PR-00030871)
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.
ADOPT RESOLUTION NO. 07-2024 – A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS APPROVING THE TRADE-IN OF CITY-OWNED
PROPERTY ON PROPERTY OF SIMILAR NATURE
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the
following resolution was adopted by the Board of Public Works:
RESOLUTION NO. 07-2024
A RESOLUTION OF THE SOUTH BEND BOARD OF PUBLIC WORKS
APPROVING THE TRADE-IN OF CITY-OWNED PROPERTY ON PROPERTY
OF SIMILAR NATURE
WHEREAS, it has been determined by the Board of Public Works of the City of South
Bend that the following described property is unfit for the purpose for which it was intended and
should traded-in for property of a similar nature:
TWENTY (20) REMINGTON SHOTGUNS
EIGHT (8) SMITH & WESSON HANDGUNS
THREE (3) SIG SAUER HANDGUNS
REGULAR MEETING FEBRUARY 27, 2024 32
WHEREAS, I.C. 36-1-11-9 authorized the Board of Public Works to trade in or exchange
City-owned property for partial or full reduction in the purchase price of property of similar
nature.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, AS FOLLOWS:
1.The following described property shall be traded-in for property of a similar nature
and shall be removed from the inventory of the City of South Bend:
Twenty (20) Remington 870 Marine Magnums
Eight (8) Smith & Wesson M&P 2.0s
Three (3) Sig Sauer P229s
ADOPTED this 27 Day of FEBRUARY 2024.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Elizabeth A. Maradik
s/ Joseph R. Molnar
s/ Gary A. Gilot
s/ Murray L. Miller
s/ Brena N. Micou
ATTEST:
s/ Theresa Heffner, Clerk
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following agreements/contracts/proposals/addenda were submitted to the Board for
approval:
Type Business Description Amount/
Funding
Motion/
Second
Memorandum
of
Understanding
Teamsters
Local Union
No. 364
Agreement between the
City for Increased Wage
Rates in the Equipment
Services Work Group
N/A VP Molnar /
Mr. Miller
Amendment
No. 1 to
Owner-
Engineer
Agreement
DLZ Indiana,
LLC
Design Services for
Renovations at Byer’s
Softball Complex Project
No. 123-072
$288,850; New
Adjusted Total
$353,850
(PO-0027427)
VP Molnar /
Mr. Miller
Professional
Services
Agreement
Alliance
Architects, Inc.
Design Services for
Skylight Replacement at
Studebaker National
Museum Project No. 124-
019
NTE $5,000
(Hourly)
(PR-00031337)
VP Molnar /
Mr. Miller
Amendment
No. 1 to
Owner-
Engineer
Agreement
HWC
Engineering,
Inc.
Design Services for
Traffic Calming and
Connectivity to Rum
Village at Walker Field
Park Project No. 123-058
$212,500; New
Adjusted Total
$304,000
(PO-0026221)
VP Molnar /
Mr. Miller
Deed of
Dedication
City of South
Bend
Plat Correcting the Right-
of-Way along Fellows St.
and Dean Johnson Blvd.
N/A VP Molnar /
Mr. Miller
Deed of
Dedication
City of South
Bend
Plat Correcting the Right-
of-Way along Calvert St.
West of New Energy
N/A VP Molnar /
Mr. Miller
Amendment
No. 1 to
Owner-
Engineer
Agreement
Jones Petrie
Rafinski Corp.
Additional Engineering
Services for Wayfinding
Signage Program, Phase
III Project No. 123-013
$3,200; New
Adjusted Total
$13,200
(PO-0020823)
VP Molnar /
Mr. Miller
APPROVAL OF LICENSE AND PERMIT APPLICATIONS
REGULAR MEETING FEBRUARY 27, 2024 33
The following license and permit applications were presented for approval:
Applicant Description Date/Time Location Motion
Carried
LAZ Parking
Midwest, LLC
Public Parking
Facility - Renewal
1228 N. Eddy St. VP Molnar /
Mr. Miller *
Smart Parking
Inc.
Public Parking
Facility - Renewal
133 N. Main St. VP Molnar /
Mr. Miller *
Memorial
Hospital of
South
Bend/Beacon
Health System
Public Parking
Facility - Renewal
707 N. Michigan St.
(Bartlett), 621
Memorial Dr.
(Lafayette), 100 W.
Navarre St. (Navarre)
VP Molnar /
Mr. Miller *
HGR Group
Inc.
Long Term
Occupancy Permit -
30 Yard Dumpster
Occupying Parking
Lane
February 21,
2024 through
April 21,
2025
213 W. Washington
St.
VP Molnar /
Mr. Miller
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call,
the following traffic control device request was approved:
REMOVAL: Handicapped Accessible Parking Space Sign
LOCATION: 1318 N. Huey St.
REMARKS: All Criteria Met
DENIED INSTALLATION: Handicapped Accessible Parking Space Sign
LOCATION: 1116 N. Kaley St.
REMARKS: All Criteria Met
APPROVE RENEWAL OF INDUSTRIAL WASTEWATER DISCHARGE PERMIT(S)
In a Memorandum to the Board, Ms. Serena Lozano-Shane, Division of Wastewater, submitted
the following wastewater discharge permit(s) for renewal and recommended approval:
Messer, LLC, 3809 West Calvert St.
There being no further discussion, upon a motion made by VP Molnar, seconded by Mr. Miller
and carried by roll call, the wastewater discharge permit(s) was approved.
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-703058,
GBLN-73059, GBLN-73068
02/05/2024 $4,986,113.05
City of South Bend Claims GBLN-72758 02/06/2024 $1,628,348.34
City of South Bend Claims GBLN-73142 02/13/2024 $1,763,389.08
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
Scott Calentine with an office at 3570 Blackthorn Ct., South Bend, IN 46628, spoke to the
Board about his concerns with the Fire Station 8 project on Twyckenham Drive. He noted that he
works with several contractors in many different trades in the community. Through
conversations with the different trades and with people at the Building Department, he believes
there have been up to three (3) contractors on the project that are not registered with the City. He
*Subject to updated signage.
REGULAR MEETING FEBRUARY 27, 2024 34
has concerns on how the responsible bidder ordinance is being looked into when the bids are
awarded. Recently he saw a change order come through for up to $100,000 and in the original
bid, he believes the contractor left some things out which made him question what the change
order was for. Being a public bid, he thinks that the bidder should have to bid everything in the
package and not leave things out to add in as a change order later. He question ed to the Board to
determine who in the Engineering Department or the Board of Public Works is researching these
contractors and the second and third tier subcontractors to ensure they are following the policies
that the Common Council and the Mayor put in place.
President Maradik stated that for the responsible bidder ordinance, the MWBE goals are done
through Public Works with the Office of Diversity and Inclusion as a part of the review of the
bids. The contractors that are onsite are reviewed by Public Works and part of reviewing the bids
and working with the contractor on who their subs are. She referred Mr. Calentine to the
Engineer that works on the project for any additional follow ups.
Scott Calentine added that his concern is that the contractors are awarded the work through the
general contractor and are being vetted through e-verification, certified payroll, apprenticeship
programs, and all of the language on the RBO is in place.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 9:49 a.m.
March 12, 2024