HomeMy WebLinkAbout10222024 Board of Public Works MeetingAGENDA REVIEW SESSION OCTOBER 17, 2024 220
The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on October
17, 2024, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar (not present),
and Board Members Gary Gilot, Murray Miller, Briana Micou (not present), 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.
OPENING OF BIDS
Murray Miller asked for details regarding the roof membrane for item 2. C.: Department of Public
Works Service Center Roofing Replacement. He asked if the membrane was specific to one (1)
manufacture versus Tri-Polymer Allow (TPA) and thermoplastic polyolefin (TPO). Project
Engineer Lydia Abreha explained that the specifications didn't have a specific manufacturer and it
allowed for contractors to submit any alternate manufacturers if they felt so.
She did issue an addendum to make sure that there's an alternate for TPO and TPA.
OPENING OF OUOTATIONS
Gary Gilot asked about item 3. A.: 2024 Electric Vehicle Supply Equipment. He noted that earlier
we offered free charging but wondered if the equipment will become a metered service to people
in the future. Director of Public Works Eric Horvath explained that the city did an electric vehicle
study to show where these charging locations should be in the future and they programmed it in
so that all these can be converted to being able to charge money at a future date.
Mr. Gilot stated that to facilitate market penetration he is fine with it being free, but long term it
makes sense to start charging for the electric.
REQUEST TO ADVERTISE FOR THE RECEIPT OF QUALIFICATIONS
Mr. Gilot asked which well fields or properties would be involved in item 8. A.: Division of Water
Solar Guaranteed Energy Savings Contract.
Director Horvath explained that they are doing one (1) for the wastewater plant which is on the
West side of the road, kind of by the digesters there on that open land and then we are looking at
Olive St. for the water side, which will be that open area. He noted there are pole barn buildings
where we store equipment and then there is wells along there. There is that whole open field that
will accommodate close to half a megawatt of solar. We have left it open incase there are creative
ideas by the energy savings companies, but we are anticipating that open field.
Mr. Gilot asked if it would be a combination of water and wastewater capital. Director Horvath
stated that they have already done the wastewater one (1), so this is just for water.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Mr. Gilot asked if item 10. A.: Amendment No. 4 to Owner Engineering Agreement with RATIO
Architects, LLC was a change from what RATIO was originally asked to do.
Project Manager Patrick Sherman advised that there was a space on the 1 st floor that was originally
going to be used as a tenant space and VPA, with the help of Martin Curtis, Former Dean of the
Ernestine Raclin School of the Arts at Indiana University South Bend, wanted to use the facility
more to develop equity in the arts program. He stated they are going to convert that tenants space
into a programming space for them. He clarified that the amendment is for RATIO to redevelop
that space, including all the finishes, and that's going to be required. There's also going to be some
offices going in the back for them as well. The Board can expect in the future that there will be a
change order to add some scope to the project, but this project is funded.
AGREEMENT/CONTRACT/PROPOSALS/ADDENDA
President Maradik noted for the Board items 10. F., 10. G., 10.H., Open Market Contracts for 619-
621 Sherman Ave. TIF Project — Foundation Installation for New Duplex on Near Northwest Side.
She wanted to bring them to the Board's attention because they have had discussions before about
open market contracts.
Attorney Schmidt advised that the city did go out to solicit quotes but didn't receive any quotes
back. Since they're all under the appropriate dollar threshold, which he believed to be $50,000, it
does allow flexibility to go out to open market when under the statute. The policy behind that is
REGULAR MEETING OCTOBER 22, 2024 221
when you have work that needs to be completed and nobody's quoting on it or bidding on it and
the the dollar amount is lower, they make that distinction between the quoting and bidding of being
able to go out to open market. The Board is in good standing to make those approvals on Tuesday.
PROJECT COMPLETION AFFIDAVITS
Attorney Schmidt addressed the MWBE goals for item 6. A.: LaSalle Avenue Streetscape, stating
that this item may get tabled on Tuesday because there is a gap in B2Gnow (a diversity
management and compliance software) on one (1) of the sub -contractors. We have every reason
to believe that the contractor's subcontractors have been paid appropriately, but we want to
confirm.
Attorney Schmidt addressed the MWBE goals for item 6.B.: Campeau Street Streetscape, stating
that the goals were met.
Attorney Schmidt addressed the MWBE goals for item 6. 2023 Traffic Calming Divisions 1-5,
stating that the goals were exceeded.
PRIVILEGE OF THE FLOOR
Board Member Gary Gilot noted an email from a homeowner, Mr. Shearer, about a utility pole
that belongs to AEP. He noted we have directed him to AEP a number of times, but he is asking
the city to do something at the next Board meeting.
Director of Public Works Horvath stated that he meant to forward the email to AEP, so they know
what is going on. Mr. Shearer wants a yes or a no, but there were a lot of questions in the email.
Ultimately it is an issue between him and AEP.
Attorney Schmidt stated that back in May we brought to the Board a quick claim deed for some
property associated with McCormick out by the airport and sort of a redevelopment deal from
many moons ago. Through reasons unknown, the Board properly took action to authorize the quick
claim deed and it was part of a resolution that sort of spoke to this. We have been unable to find
the original copy of the quick claim deed though we did scan the resolution and everything in.
Long story short, McCormick is unable to record the deed because it doesn't have an original copy
of the claim deed so we're going to sort of modify the resolution because the Board already took
action and had notarized the deed. For the resolution, if he gets it done in time, the Board is going
to have a second resolution, which is basically going to mirror the first resolution, but it is also
going to have a little section that explains that while the Board took action, this was never recorded,
so the Board is taking additional action to make sure that the deed gets recorded.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:44 a.m.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
Joseph R. Molnar, Vice President
Briana Micou, Member
41111-1-
Attest: Theresa M. Heffner, Clerk
Date: November 12, 2024
REGULAR MEETING OCTOBER 22, 2024 222
REGULAR MEETING OCTOBER 22, 2024
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday,
October 22, 2024, by Board President Elizabeth A. Maradik in the 13t1i 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
(virtual), 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 October 3, and October
8, 2024, were approved.
OPENING OF BIDS — SOUTH BEND CITY HALL RENOVATIONS — PROJECT NO. 124-001
(ECONOMIC DEVELOPMENT LIT)
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:
MICHUDA-CRUZ INDIANA, JV LLC
115 S. Court St., Suite E
Crown Point, IN 46307
smcquillan&michuda. com
Bid was signed by Mr. Josef Michuda
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 Acknowledgements received.
On
Base Bid
$8,107,117
Base Bid Plus Alternatives
Total Not
Submitted by
Contractor
Alternate #1
$112,589
Alternate #2
$652,408
Alternate #3
$224,986
Alternate #4
$1,144,447
Alternate #5
$40,013
Alternate #6
$39,297
LARSON-DANIELSON CONSTRUCTION CO.. INC.
302 Tyler Street
LaPorte, IN 46350
btl&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.
Three (3) of Three (3) Addendum Acknowledgements received.
I:
Base Bid
$7,282,000
Base Bid Plus Alternates
$9,373,750
Alternate #1
$91,500
Alternate #2
$641,000
Alternate #3
$203,000
REGULAR MEETING
OCTOBER 22, 2024 223
Alternate #4
$1,073,250
Alternate #5
$38,000
Alternate #6
$45,000
GIBSON-LEWIS, LLC
1001 W. I lth Street
Mishawaka, IN 46544
ngurbickggl.nceusa. com
Bid was signed by Mr. Nick Gurbick
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 Acknowledgements received.
Base Bid
$7,995,000
Base Bid Plus Alternates
$9,870,000
Alternate #1
$130,000
Alternate #2
$603,000
Alternate #3
$82,000
Alternate #4
$983,000
Alternate #5
$36,000
Alternate #6
$41,000
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 — MOMENTUM TIF PROJECT — PROJECT NO. 124-018 (PR-00036154)
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:
LARSON-DANIELSON CONSTRUCTION CO.. INC.
302 Tyler Street
LaPorte, IN 46350
btl (d,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.
Three (3) of Three (3) Addendum Acknowledgements received.
IC P
Base Bid I $625,898.27
Alternates Total $162,892.92
PANZICA BUILDING CORPORATION
416 E. Monroe St., Suite 320
South Bend, IN 46601
estimating&greendemolitioninc.com; kimkgreendemolitioninc.com
Bid was signed by Mr. Kaine Kanczuzewski
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 Acknowledgements received.
I:
REGULAR MEETING
OCTOBER 22, 2024 224
Base Bid $621,200
Alternates Total $132,348
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works and Community Investment for review and recommendation.
OPENING OF BIDS — DEPARTMENT OF PUBLIC WORKS SERVICE CENTER ROOFING
REPLACEMENT —PROJECT NO. 124-032B (PR-00033345)
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:
NO BIDS RECEIVED
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, a request to
readvertise was approved.
OPENING OF QUOTATIONS — 2024 ELECTRIC VEHICLE SUPPLY EQUIPMENT —
PROJECT NO. 124-052 (PR-00036757)
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:
NO QUOTATIONS RECEIVED
OPENING OF QUOTATIONS — STUDEBAKER MUSEUM HVAC REPLACEMENT —
PROJECT NO. 124-020 (PR-00036580)
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:
HERRMAN & GOETZ
3419 N. Home St.
Mishawaka, IN 46545
tadams(&,,hgservices. com
Quotation was submitted by Mr. Thomas Adams
Non -Collusion, Non -Discrimination Affidavit Form was completed.
One (1) of One (1) Addendum Acknowledgement received.
)UOTATION:
Base Quote 1$108,648
EDWARD J. WHITE, INC.
1011 S. Michigan St.
South Bend, IN 46601
bul cher(&,jwhiteinc.net
Quotation was submitted by Mr. Jeff Bucher, Jr.
Non -Collusion, Non -Discrimination Affidavit Form was completed.
One (1) of One (1) Addendum Acknowledgement received.
)UOTATION:
Base Quote $69,765
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 QUOTATION AND APPROVE CONTRACT — WWTP ACCESS DRIVE MILLING
& RESURFACE — PROJECT NO. 124-060 (PR-00036123)
Jacob Klosinski, Engineering, advised the Board that on October 8, 2024, quotations were received
and opened for the above referenced project. After reviewing those quotations, Mr. Klosinski
REGULAR MEETING OCTOBER 22, 2024 225
recommended that the Board award the contract to the lowest responsive and responsible quoter,
Milestone Contractors L.P., in the amount of $35,938. Therefore, VP Molnar 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.
APPROVE CHANGE ORDER NO. 1 (FINAL) — DEMOLITION OF 1000 W. SAMPLE ST. —
FORMER FUN F/X BUILDING — PROJECT NO. 123-014R (PO-0030913)
President Maradik advised that Zach Hurst, Engineering, has submitted change order number 1
and Final on behalf of Green Demolition Contractors Inc., indicating the contract amount be
increased by $21,200 for a new contract sum, including this change order, in the amount of
$550,000. 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 — LASALLE PARK IMPROVEMENTS — PROJECT NO.
121-015 PO-00240481
President Maradik advised that Patrick Sherman, Engineering, has submitted change order number
3 on behalf of HRP Construction, indicating the contract amount be decreased by $31,496.51 for
a new contract sum, including this change order, in the amount of $2,477,386.51. 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 (FINAL) — NEIGHBORHOOD IMPROVEMENTS —
LONGFELLOW AND SOUTH — PROJECT NO. 121-048B (PO-0020877)
President Maradik advised that Leslie Biek, Engineering, has submitted change order number 2 &
Final on behalf of Rieth-Riley Construction Co., Inc/, indicating the contract amount be increased
by $7,747.28 for a new contract sum, including this change order, in the amount of $521,159.99.
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 — LASALLE AVENUE STREETSCAPE —
PROJECT NO. 122-013R (PO-0023705)
President Maradik advised that 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 $6,025,155.26. Upon a motion to table made by VP Molnar, seconded by
Mr. Miller and carried by roll call, the project completion affidavit was tabled.
APPROVE PROJECT COMPLETION AFFIDAVIT — CAMPEAU STREET STREETSCAPE —
PROJECT NO. 121-073 (PO-0020079)
President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion
affidavit on behalf of Rieth-Riley Construction Co., Inc., for the above referenced project,
indicating a final cost of $2,148,206.99. 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 — 2023 TRAFFIC CALMING DIVISIONS
1-5 — PROJECT NO. 122-014C (PO-0023430; PO-0023429; PO-0023419; PO-0023411; PO-
0023428; PO-0023426)
President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion
affidavit on behalf of Selge Construction Co., Inc, for the above referenced project, indicating a
final cost of $2,070,804.81. 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 — 2024
COMMUNITY CROSSINGS ROUND 2 — PROJECT NO. 124-047 (LOCAL ROAD & STREET
WEST TIE)
In a memorandum to the Board, Scott Kreeger, 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.
REGULAR MEETING
OCTOBER 22, 2024 226
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET — DRAINAGE IMPROVEMENTS PROJECT — GARLAND CIRCLE — PROJECT NO.
123-006 PR-STORMWATER INFRASTRUCTURE)
In a memorandum to the Board, Rebecca Plantz, 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 to table made by VP Molnar, seconded by Mr.
Miller and carried by roll call, the above request to advertise including title sheet was tabled.
APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE
SHEET — BYER'S SOFTBALL COMPLEX 2024 RENOVATION — PROJECT NO. 123-071
(PR-00036709)
In a memorandum to the Board, Patrick Sherman, 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 QUALIFICATIONS —
DIVISION OF WATER SOLAR GESC — PROJECT NO. 124-050 (WATER CAPTIAL)
In a memorandum to the Board, Gemma Sherman, Engineering, requested permission to advertise
for the receipt of qualifications for the above referenced project. 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.
ADOPT RESOLUTION NO. 23-024 — A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISIONS OF SERVICES TO AN ANNEXATION
AREA IN WARREN TOWNSHIP (CLEVELAND POPPY ANNEXATION AREA)
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.23-2024
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF
SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN WARREN TOWNSHIP
(CLEVELAND POPPY ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation
of real estate located in Warren Township, St. Joseph County, Indiana, which is more particularly
described at Page 13 of Exhibit "A" attached hereto; and
WHEREAS, the territory proposed to be annexed encompasses approximately 21.8 acres
of land, which property is at least 12.5% contiguous to the current City limits, i.e., 16.8%
contiguous, generally located at the northeast corner of Poppy Road and Cleveland Road (25471,
25481, and 25491 Cleveland Road). It is anticipated that the annexation area will be used for
office, warehouse, and storage development; and
WHEREAS, the development will require a basic level of municipal public services of a
non -capital improvement nature, including street and road maintenance, street sweeping, flushing,
snow removal, and sewage collection, as well as services of a capital improvement nature,
including street and road construction, street lighting, a sanitary sewer system, a water distribution
system, and a storm water system and drainage plan; and
WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan
and establish a definite policy showing: (1) the cost estimates of services of a non -capital nature,
including street and road maintenance, street sweeping, flushing, and snow removal, and sewage
collection, and other non -capital services normally provided within the corporate boundaries; and
services of a capital improvement nature including street and road construction, street lighting, a
REGULAR MEETING OCTOBER 22, 2024 227
sanitary sewer extension, a water distribution system, and a storm water system to be furnished to
the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non -capital nature will be
provided to the annexed area within one (1) year after the effective date of the annexation, and that
they will be provided in a manner equivalent in standard and scope to similar non -capital services
provided to areas within the corporate boundaries of the City of South Bend, regardless of similar
topography, patterns of land use, and population density; (5) that services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date of the
annexation within the same manner as those services are provided to areas within the corporate
boundaries of the City of South Bend regardless of similar topography, patterns of land use, or
population density, and in a manner consistent with federal, state and local laws, procedures, and
planning criteria; and (6) the plan for hiring the employees of other governmental entities whose
jobs will be eliminated by the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the real property described more particularly at Page 13 of Exhibit "A" attached
hereto be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and established that it is the policy
of the City of South Bend, by and through its Board of Public Works, to furnish to said territory
services of a non -capital nature, such as street and road maintenance, street sweeping, flushing,
and snow removal, within one (1) year of the effective date of the annexation in a manner
equivalent in standard and scope to services furnished by the City to other areas of the City
regardless of similar topography, patterns of land utilization, and population density; and to furnish
to said territory, services of a capital improvement nature such as street and road construction, a
street light system, a sanitary sewer system, a water distribution system, a storm water system and
drainage plan, within three (3) years of the effective date of the annexation in the same manner as
those services are provided to areas within the corporate boundaries of the City of South Bend
regardless of similar topography, patterns of land use, or population density.
Section III. That the Board of Public Works shall and does hereby now establish and adopt
the Fiscal Plan, attached hereto and incorporated herein as Exhibit "A", and made a part hereof,
for the furnishing of said services to the territory to be annexed, which provides, among other
things, that the public sanitary sewer and water network is available with capacity sufficient to
service this area with costs for extensions, any improvements in sewer or water capacity, and a
City -approved drainage system to be paid for by the developer, all in compliance with state and
local law; that no additional street lighting will be necessary and any future lighting especially of
a decorative nature or with underground wiring will be at the developer/owner's expense; and that
no new public streets will be required.
Section IV. To the extent required by the City, sidewalks should be provided by the
owner/developer along public streets and must comply with the Americans with Disabilities Act
(ADA) under the PROWAG standards.
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend's building and zoning requirements.
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 Heffiier, Clerk
REGULAR MEETING
OCTOBER 22, 2024 228
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following agreements/contracts/proposals/addenda were submitted to the Board for approval:
Type
Business
Description
Amount/
Motion/
Funding
Second
Dedicated
24136 Prairie
Dedicated Improvements
Molnar / Miller
Improvements
C-Store
for Public Upgrades on
Agreement
Victoria Street as Part of
the Redevelopment of
2413 Prairie
Amendment
Abonmarche
Amendment to Design
$8,300
Molnar / Miller
No. 2 to
Consultants,
Contract for the DTSB-
New Adjusted
Professional
Inc.
ND Trail for Additional
Total $639,600
Services
Design Work to
(PR-00025863)
Agreement
Accommondate Owner
Requested Changes
Utility
Robert Henry
Easement for Public Water
Molnar / Miller
Easement
Corporation
Main along Renewable
Energy Drive through
Private Property at 3161
Youngs Ct.
Amendment
RATIO
Additional Design Fee for
$49,925
Molnar / Miller
No. 4 to
Architects, LLC
Work Related to Creating
New Adjusted
Owner-
an Equity in the Arts
Total
Engineer
Programming Space and
$1,730,800
Agreement
for Additional Interior
(PR-00013835)
Design Work for the
Morris Performing Arts
Center Expansion
Professional
McCormick
On -Call Design for
NTE $104,200
Molnar / Miller
Services
Engineering,
Miscellaneous Stormwater
Hourly
Agreement
LLC
Infrastructure
Improvement Projects for
2025
Open Market
Mike's
Award 619 Sherman Ave.
$8,320
Molnar / Miller
Contract
Concrete &
TIF Project —Foundation
Construction
Installation for New
Duplex on Near Northwest
Side
Open Market
Mike's
Award 620 Sherman Ave.
$8,320
Molnar / Miller
Contract
Concrete &
TIF Project - Foundation
Construction
Installation for New
Duplex on Near Northwest
Side
Open Market
Mike's
Award 621 Sherman Ave.
$8,320
Molnar / Miller
Contract
Concrete &
TIF Project - Foundation
Construction
Installation for New
Duplex on Near Northwest
Side
Professional
Jones Petrie
Updating Project Plans
NTE $11,100
Molnar / Miller
Services
Rafinski
and Specifications from
(PR-00036551)
Agreement
2020 to bid in 2025 for
Dylan Drive Lighting
Updates
APPROVAL OF LICENSE AND PERMIT APPLICATIONS
The following license and permit applications were presented for approval:
Applicant
Description
Date/Time
Location
Motion
Carried
Annual
Street Closure for
October 27,
Manitou Place
Molnar /
Halloween
Special Event
2024; 2:30
between Forest Ave.
Miller
Party
p.m. to 5:30
and Park Ave.
p.m.
REGULAR MEETING OCTOBER 22, 2024 229
APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — 1145 N. EDDY ST. STE.
140
President Maradik stated an application for an encroachment and revocable permit has been
received from Hayes Design Co., for the purpose of allowing a blade mounted sign to be placed in
the right-of-way at 1145 N. Eddy St. 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. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll
call, the encroachment and revocable permit was approved.
APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT — 1234 N. EDDY ST. STE.
126
President Maradik stated an application for an encroachment and revocable permit has been
received from Hayes Design Co., for the purpose of allowing a blade mounted sign to be placed in
the right-of-way at 1234 N. Eddy St. 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. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll
call, the encroachment and revocable permit was approved.
UNFAVORABLE RECOMMENDATION - PETITION TO VACATE THE ALLEY BETWEEN
520 COLUMBIA ST. AND 524 COLUMBIA ST.
President Maradik indicated that Mr. Gerald Frye, has submitted a request to vacate the above
referenced alley. President Maradik advised the Board is in receipt of unfavorable
recommendations concerning this vacation petition from the Public Works Department, and
Community Investment who stated the request does not meet the criteria of I.C. 36-7-3-13.
President Maradik also noted that the applicant was wanting to turn it into a driveway which is not
an option because they would only own half of the alley and the approach would have to be
replaced with a curb. Therefore, VP Molnar made a motion to send an unfavorable
recommendation to the Common Council. Mr. Miller seconded the motion which carried by roll
call.
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
Higher Grounds Tree Care LLC
Excavation
Approved
October 8, 2024
Higher Grounds Tree Care LLC
Occupancy
Approved
October 2, 2024
Beer & Slabaugh Inc.
Occupancy
Approved
October 8, 2024
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 GBLN-0089609;
GBLN-0089610
09/23/2024
$4,438.65
City of South Bend Claims GBLN-0090633;
GBLN-0090648; GBLN-0090725
09/30/2024
$1,912,733.94
City of South Bend Claims GBLN-0089963
10/01/2024
$4,398,176.79
City of South Bend Claims GBLN-0090988
10/08/2024
$5,893,429.69
City of South Bend Claims GBLN-0091498;
GBLN-0091768
10/15/2024
$1,722,059.19
City of South Bend Claims GBLN-0091389;
GBLN-0091390; GBLN-0091943
10/17/2024
$745,472.04
REGULAR MEETING OCTOBER 22, 2024 230
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
Resident Jerry Shearer, of South Bend stated that he owns vacant lots 825 and 829 on Dubail.
Vacant lot #6 is west of 825 and 833 is east of 829. Bowman creek flows across all the properties.
829 and 833 have a joint driveway agreement. There is a utility pole at the rear of 833. He wanted
to know if engineers were able to determine 1) if a legal agreement exists that allows for access
and 2) if the utility pole had ever been replaced.
President Maradik stated that regarding the specific questions that he asked today. The city is not
able to determine if there is a legal agreement that exists between the property owner and AEP,
because that would be a private agreement, and you would need to have that communication
directly with AEP. President Maradik stated she did not know whether the pole was ever replaced,
but noted employees have talked to AEP to get some clarification on some previous questions that
Mr. Shearer asked and someone with the Board will reach out and share the information that AEP
shared with the city.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 9:58 a.m.
CITY OF SOUTH BEND, INDIANA
BOARD OF PUBLIC WORKS
Elizabeth A. Maradik, President
Gary A. Gilot, Member
Murray L. Miller, Member
z�z 7Tt
Joseph R. Molnar, Vice President
Briana Micou, Member
Attest: Theresa M. Heffner, Clerk
Date: November 12.2024