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HomeMy WebLinkAbout11122024 Board of Public Works MeetingAGENDA REVIEW SESSION NOVEMBER 7, 2024 231 The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on November 7, 2024, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board Members Gary Gilot, Murray Miller, Breana 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 Director of City’s Combined Sewer Overflow Long-Term Control Plan, Kieran Fahey, was present to discuss item 13. D.: Professional Services Agreement with Stantec Consulting Services to build out the Federally Mandated Long-Term Control Plan. He explained that he is building out the consent decree that the City has with the DOJ and the EPA and as part of that they have a number of sewage storage tanks to build across the city and we have the first one almost two-thirds of the way at the wastewater treatment plant. The next storage tank, which is a bit more complicated, is going to be in the area of Randolph Sampson, near the retention treatment basin. According to the consent decree, the City must have the design commenced by the 1st of January of 2025. The City put together a preliminary design contract with a lot of value engineering and outside-the-box thinking with Stantec. This is a big project and the contract he presented at the meeting is for $1.3 million. Overall, in the long-term control plan, the cost for this tank is close to 50 million. What he submitted to the Board includes some other small parts of the long-term plan that are also part of that project as well; changes to some routing of sewers, etc. When it comes to building the tank, we will do something like a guaranteed savings contract, or use a construction manager approach. Mr. Miller asked about the guaranteed savings, would it be energy or will they use a CMc. Director Fahey advised that it would likely be energy, but it has not been decided yet stating it is only in a very early stage. This is only for the design of it. We might do something like what we did with the current tank that is underway at the wastewater treatment plant. The City has done energy guaranteed savings but with this new tank, we are open to any option whether it be a design build, although unlikely because they just feel like we need some flexibility to get a better price out for the city. If it's guaranteed savings, or a design build, operate transfer kind of model or could be CMC as well. All these are on the table now. There are no presumptions. The design contract doesn't presume any presumptions at this stage either. Mr. Miller asked if this is for the design work and asked if they are leaving it open to explore what options might be available when it comes to construction. Director Fahey advised that his preference at this stage is not to do a design build. It’s wide open but he feels that they have more options. He feels they can get better prices with a guaranteed energy savings contract of a CMc. The contract he is presenting it just the preliminary design to start thinking about how it'll look, where it'll be, how it'll work. As part of that process, we will very early on hopefully decide on how the procurement of the building will start because with the guaranteed savings with all these other things, the advantages really are only accrued if you bring the builders on early to work with the designer. It’s early on so to be able to have the builder work with the designer will make sense, but at this stage it is just a preliminary design. Mr. Gilot asked if he is generally thinking of an underground tank, mostly underground tank, or above ground. Director Fahey explained that in the long-term control plan it does say below grade (underground). Now depending on the literal lay of the land and what flexibility we might be able to get from EPA depending on potential costs, we would hopefully not tie ourselves to that, but that is the plan now. Mr. Gilot asked if it would be covered below ground. Director Fahey stated that where our current tank and treatment plan is above ground, yes, it would be covered below ground. It is 4.7 million gallons, so a substantial size. Mr. Gilot stated that he would think it comes in at whatever rate it needs to come in at and goes out at a controlled rate. Director Fahey stated yes, with the mechanism inside that would control that rate. Attorney Schmidt advised that he doesn’t anticipate any issues, but he is still reviewing the contract. He noted it is standard for engineering contracts, but there is a slight chance that there might be a change here or there that may hold it until the next meeting. REGULAR MEETING NOVEMBER 12, 2024 232 CHANGE ORDERS Director of Diversity and Inclusion, Cynthia Simmons, was concerned about the percentage of increase for item 8. A. Liberty Tower TIF Project - Parking Garage with RAM Construction Services of Michigan, Inc. She showed concerns for the percentage being over the standard twenty percent (20%). Attorney Schmidt responded that he was also looking into that item, but for different reasons, but he doesn’t have a legal answer yet. He noted that typically the limit is twenty percent (20%), but it can be exceeded if it’s an unforeseen change. He said that he mentioned to President Maradik before the meeting that this one has additional scrutiny on it. OPENING OF QUOTATIONS Assistant City Engineer, Leslie Biek, noted that there will be an item added to the agenda on Tuesday. It will be for a quote opening for the 2024 Electric Vehicle Supply Equipment. She noted that it was requoted after not receiving any bids at the last meeting. CHANGE ORDERS Mr. Miller asked about item 8. C.: Demolition of South Bend Medical Foundation. He noted that it says demo, but they don’t appear to be doing anything. President Maradik advised that the memo stated that they mobilized and there was no clear date on when the utility would be cut off, so they stay mobilized, waiting for the utilities to be cut off. Attorney Schmidt advised that the MRD Group is an out-of-town vendor, so it is likely that they did not demobilize, so there was almost a stand down, if you will. There was a negotiated compromise on this of splitting the fee 50/50 even though it was our failure of a utility to get out there and to do this work in a timely fashion. Director Horvath clarified that it was not entirely true clarifying that Water Utility went out there but could not get the valves shut down. Mr. Miller was concerned that they were not using any local workforce, when a local workforce could have been sent home. Attorney Schmidt added that he thought that they weren’t able to redirect their assets to another project, so they had to wait. It is a negotiated settlement to close out the job. It’s a settlement of a dispute. They raised the issue to us, they gave us the math, and said what it should have cost for the delay. The contractor was willing to accept fifty percent (50%). Mr. Miller stated that you’re saying that they compromised, but they are paying them one hundred dollars an hour. President Maradik advised that based on the memo it says fifty (50) dollars an hour. Attorney Schmidt advised that their claim was for fifty (50) dollars an hour, but we’re essentially paying twenty-five (25) dollars an hour and that was just for the hours. It did not include their losses for things like equipment rental or other costs that they had. CHANGE ORDERS Mr. Miller asked if the change order items for item 8. D.: Fire Station 8 Replacement was from the architect or from the City. Attorney Schmidt advised that this is still one that is gearing up towards closure on this project, so we're looking at it holistically to see where failures have occurred and the specifications and then sort of where to recoup some of these monies associated with these change orders. Senior Engineer Zach Hurst added that all items except for the first are called out as owner-initiated changes that would have been initiated by the Fire Chief. AWARD BIDS AND APPROVE CONTRACTS Mr. Miller asked if there was a waiver issued for item 6. A.: South Bend City Hall Renovation. Attorney Schmidt advised that there will be a waiver on this one when we make the award on Tuesday. The lowest bidder did not meet the goals and determined that they had a good faith effort into trying to achieve those goals, so through granting of the waiver it will be grounds for the Board to award. REGULAR MEETING NOVEMBER 12, 2024 233 Mr. Miller asked if somewhere there is a good-faith effort because they used a couple of contractors outside the geographic scope, and it didn’t count. Attorney Schmidt explained it was determined that they did not utilize proper measure to achieve a good-faith effort waiver. Mr. Miller noted that he didn’t think that Larson Danielson Construction has on their last three (3) projects. Attorney Schmidt advised that on the Morris Raclin project that they received that through good-faith effort. The Four Wind Stadium Renovation has not been fully determined. Mr. Miller added that they are bidding on the last phase of the project and so far they haven’t hit any goals. Attorney Schmidt noted that we must trust throughout the bidding process. Mr. Gilot asked if they had the capacity to complete all the projects. Director Horvath advised that they know what the timelines are for each project and the liquidated damages are significant. PROJECT COMPLETION AFFIDAVITS Attorney Schmidt noted that for item 9. A.: Neighborhoods Infrastructure – Ford St. & Walnut St. Intersection, the goals were met. PROJECT COMPLETION AFFIDAVITS Attorney Schmidt noted that for item 9. B.: 2023 Residency Demolitions, the goals were met. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:49 a.m. BOARD OF PUBLIC WORKS _________________________________ Elizabeth A. Maradik, President _________________________________ Joseph R. Molnar, Vice President _________________________________ Gary A. Gilot, Member _________________________________ Murray L. Miller, Member _________________________________ Breana N. Micou, Member REGULAR MEETING NOVEMBER 12, 2024 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, November 12, 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 (not present), Murray Miller (not present), Breana 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 November 26, 2024 REGULAR MEETING NOVEMBER 12, 2024 234 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on October 17, and October 22, 2024, were approved. APPROVE 2025 CITY EMPLOYEE HOLIDAY SCHEDULE Upon a motion by VP Molnar, seconded by Ms. Micou and carried by a roll call, the Board approved the city employee holiday schedule for the 2025. APPROVE 2025 BOARD OF PUBLIC WORKS MEETING SCHEDULE Upon a motion by VP Molnar, seconded by Ms. Micou and carried by a roll call, the Board approved the meeting schedules for the 2025 Agenda Review and Regular meetings of the Board of Public Works. OPENING OF BIDS – SALE OF CITY-OWNED PROPERTY – 137 S. MEADE ST. 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 bid was opened and publicly read: CARLOS CHANON 137 S. Meade St. South Bend, IN 46619 mariachanon@gmail.com BID: $1,551 Plus Fees Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above bids were referred to Community Investment for review and recommendation. OPENING OF BIDS – CLEVELAND RD. & PORTAGE AVE. TRAFFIC SIGNAL IMPROVEMENTS – PROJECT NO. 123-063 (PR-00035802) 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: HAWK ENTERPRISES, INC. 1850 E. North St. Crown Point, IN 46307 caylee@hawk-inc.com Bid was signed by Ms. Johanna Plank 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. BID: Base Bid $237,467 MICHIANA CONTRACTING 7843 Lilac Road PO Box 929 Plymouth, IN 46563 skirkpatrick@michianacontracting.com Bid was signed by Mr. Scott Kirkpatrick 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. BID: Base Bid $331,920 REGULAR MEETING NOVEMBER 12, 2024 235 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above bids were referred to Public Works for review and recommendation. OPENING OF BIDS – 2024 COMMUNITY CROSSINGS ROUND 2 – PROJECT NO. 124-047 (PR-00036735) 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: RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 ralvarado@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 Acknowledgements received. BID: Division 1-6 Total $1,035,980 Division 1 $264,646 Division 2 $297,720 Division 3 $214,564 Division 4 $166,200 Division 5 $92,850 MILESTONE CONTRACTORS, L.P. 24358 SR 23 South Bend, IN 46614 akrueger@milestonelp.com; dhilary@milestonelp.com Bid was signed by Dustin P. Hilary Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. Three (3) of Three (3) Addendum Acknowledgements received. BID: Division 1-6 Total $1,169,600 Division 1 $288,237 Division 2 $334,668 Division 3 $235,096 Division 4 $197,224 Division 5 $114,375 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above bids were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – STUDEBAKER MUSEUM SKYLIGHT REPLACEMENT – PROJECT NO. 124-019 (PR-00034498) 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: SHAFFNER HEANEY AND ASSOCIATES 2508 S. Main St. South Bend, IN 46614 dgreco@shaproducts.com Quotation was submitted by Mr. Douglas Greco Non-Collusion, Non-Discrimination Affidavit Form was completed. REGULAR MEETING NOVEMBER 12, 2024 236 QUOTATION: Base Quote $76,947 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above quotations were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – LOCUST WATER BOOSTER PUMP STATION IMPROVEMENTS – PROJECT NO. 124-058 (WATER WORKS – WATER CAPITAL) 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: ENGINEERED SOLUTIONS MIDWEST, INC. 5609 W. 74 St. Indianapolis, IN 46278 thovda@engeeredsolutions.com Bid was signed by Mr. Tim Hovda Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. QUOTATION: Base Quote $138,223 PEERLESS MIDWEST, INC. 55860 N. Russell Industrial Pkwy. Mishawaka, IN 46545 Frank.williams@peerlessmidwest.com Bid was signed by Mr. Frank Williams Non-Collusion, Non-Discrimination Affidavit Form was completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. QUOTATION: Base Quote $141,787 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above quotations were referred to Public Works for review and recommendation. OPENING OF QUOTATIONS – 20245 ELECTRIC VEHICLE SUPPLY EQUIPMENT INSTATLLATION – 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: BARNES CONCEPTS, LLC. 2214 Teakwood Circle Unit D Highland, IN 45322 antuanbarnes@hotmail.com Bid was signed by Mr. Antuan Barnes Non-Collusion, Non-Discrimination Affidavit Form was not completed. Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed. One (1) of One (1) Addendum(s) Acknowledgement received QUOTATION: Base Quote $79,586.60 Division 1 $22,073 Division 2 $28,470 Division 3 $24,520 Division 4 $4,523.60 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above quotations were referred to Community Investment and Public Works for review and recommendation. REGULAR MEETING NOVEMBER 12, 2024 237 AWARD BID AND APPROVE CONTRACT – SOUTH BEND CITY HALL RENOVATION – PROJECT NO. 124-001 (PR-00036764) Rebecca Plantz, Engineering, advised the Board that on October 22, 2024, bids were received and opened for the above referenced project. After reviewing those bids, Ms. Plantz recommended that the Board award the contract to the lowest responsive and responsible bidder, Larson-Danielson Construction Co., Inc., in the amount of $7,327,000, base bid plus alternate six (6). Therefore, VP Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Ms. Micou seconded the motion, which carried by roll call. APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS AND RE-ADVERTISE – MOMENTUM TIF PROJECT – SITE WORK – PROJECT NO. 124-018 (PR-00036154) In a memorandum to the Board, Zach Hurst, requested permission to reject all bids for the above referenced project due to Bids exceeded available budget and asked to re-advertise. Therefore, upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above request was approved. APPROVE CHANGE ORDER NO. 2 (FINAL) – LIBERTY TOWER TIF PROJECT- PARKING GARAGE – PROJECT NO. 123-054R (PO-0029080) President Maradik advised that Zach Hurst, Engineering, has submitted change order number 2 & final on behalf of RAM Construction Services of Michigan, Inc., indicating the contract amount be increased by $30,950 for a new contract sum, including this change order, in the amount of $1,599,908.75 and an additional sixty (60) days with a new completion date of October 30,2024. Attorney Schmidt noted for the Board that Change Order #1 exceeded the twenty percent (20%) threshold. The law looks at that and removes the change order from the actual scope of the project, so the percentage of increase as far as the law is concerned on this is actually just the one point nine seven percent (1.97%) that's being asked of the Board to increase right now. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 1 (FINAL) – DREWERY’S BREWERY CLEANUP, PHASE I – PROJECT NO. 119-031C (PO-0030582) President Maradik advised that Zach Hurst, Engineering, has submitted change order number 1 & final on behalf of Indiana Earth, Inc., indicating the contract amount be decreased by $42,572.17 for a new contract sum, including this change order, in the amount of $490,400 and an additional thirty-eight (38) days with a new completion date of September 9, 2024. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 2 – DEMOLITION OF SOUTH BEND MEDICAL FOUNDATION – PROJECT NO. 123-076 (PO-0031911) President Maradik advised that Zach Hurst, Engineering, has submitted change order number 2 on behalf of The MRD Group, Inc., indicating the contract amount be increased by $36,000 for a new contract sum, including this change order, in the amount of $1,838,562.50. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the change order was approved. APPROVE CHANGE ORDER NO. 6 (FINAL) – FIRE STATION 8 REPLACEMENT – PROJECT NO. 122-034 (PO-0026318) President Maradik advised that Zach Hurst, Engineering, has submitted change order number 6 and Final on behalf of R Yoder Construction, Inc., indicating the contract amount be increased by $32,807 for a new contract sum, including this change order, in the amount of $4,087,535.70. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the change order was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – NEIGHBORHOOD INFRASTRUCTURE = FORD ST. & WALNUT ST. INTERSECTION – PROJECT NO. 121- 048C (PO-0020878) 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 $467,264.65. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the project completion affidavit was approved. REGULAR MEETING NOVEMBER 12, 2024 238 APPROVE PROJECT COMPLETION AFFIDAVIT – 2023 RESIDENTIAL DEMOLITIONS – PROJECT NO. 123-068 (PO-0027986) President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Ritschard Bros., Inc., for the above referenced project, indicating a final cost of $337,494. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the project completion affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – 2024 NEIGHBORHOOD SERVICES & ENFORCEMENT DEMOLITION – PROJECT NO. 124-051 (PR-00037170) In a memorandum to the Board, 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 Ms. Micou and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS – BEACON HEALTH NEW PARKING – PROJECT NO. 123-076A (PR-00037200) In a memorandum to the Board, 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 Ms. Micou and carried by roll call, the above request was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF PROPOSALS – MADISON LIFESTYLE DISTRICT – NEW PARKING GARAGE – PROJECT NO. 123-074 (RIVER WEST DA TIF) In a memorandum to the Board, 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 Ms. Micou and carried by roll call, the above request was approved. APPROVAL OF TITLE SHEET – SAFE ROUTES TO SCHOOLS – MUESSEL PRIMARY AND HOLY CROSS SCHOOL AREA – PROJECT NO. 122-006 In a memorandum to the Board, Gemma Staton, Engineering, advised that the title sheet for the above referenced project was being presented at this time for execution. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the above request to advertise was approved, and the title sheet was approved and signed. ADOPT RESOLUTION NO. 24-2024 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & COMPANY, INC. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the following resolution was adopted by the Board of Public Works: RESOLUTION NO. 24-2024 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS FOR THE DISPOSAL OF SURPLUS PROPERTY WHEREAS, I.C. 36-9-6-1 gives the Board of Public Works of the City of South Bend the right and duty to have custody of, control of, use of, and dispose of in accordance with Indiana statutes, all real and personal property owned by the City of South Bend; and WHEREAS, the Common Council of the City of South Bend passed as amended on January 11, 1988, Ordinance No. 7847-88 which mandates the Board of Public Works of the City of South Bend to determine that the sidearm of a police officer who retires in good standing is surplus property and no longer useful to the City of South Bend; and WHEREAS, PATROLMAN FIRST CLASS BENJAMIN CANARECCI retired effective August 10th, 2024 from the South Bend Police Department after seven (7) years of service, and the Board of Public Safety of the City of South Bend has determined that he retired in good standing; and WHEREAS, I.C. 5-22-22-1 permits and establishes procedure for disposal of personal property which is no longer needed by the City and which is unfit for the purpose for which it was intended; REGULAR MEETING NOVEMBER 12, 2024 239 NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City of South Bend that handgun Serial No. NDS9972, a Smith and Wesson M&P Handgun, is no longer needed by the City and is unfit for the purpose for which it was intended and has an estimated fair market value of less than Five Hundred Dollars ($500.00). BE IT FURTHER RESOLVED that said property be disposed of and removed from the City inventory. ADOPTED this 12th day of November 2024. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Breana N. Micou ATTEST: s/ Theresa Heffner, Clerk ADOPT RESOLUTION NO. 24-2024 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & COMPANY, INC. Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the following resolution was adopted by the Board of Public Works: RESOLUTION NO. 25-2024 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS APPROVING THE TRANSFER OF PROPERTY TO MCCORMICK & COMPANY, INC. WHEREAS, the City of South Bend Board of Public Works (“Board”) is the contracting body for the City of South Bend, Indiana (“City”); and WHEREAS, the Board has custody of real property owned by the City pursuant to Ind. Code Section 36-9-6-3; and WHEREAS, the City is the owner of a certain parcel of real estate, more accurately described as 8.44 Ac Tract Mid Pt S Side Se 1/4 Beg 990' W & 40' N Of Se Cor Se Sec 28-38-2e with a street address of 3425 Lathrop Street, South Bend, Indiana 46628 (the “Property”); and WHEREAS, the City and McCormick & Company, Inc. (“McCormick”) entered into a certain lease agreement dated June 1, 1976 (“Lease”), attached and incorporated herein as Exhibit 1 which afforded and incentivized McCormick’s use of the Property; and WHEREAS, pursuant to the Lease, McCormick had certain financial obligations to the City; and WHEREAS, the City committed to transfer ownership of the Property for One Dollar ($1.00) upon McCormick’s successful completion of its financial obligations to the City, which included the repayment of all amounts due under the original financial terms of the Lease; and WHEREAS, McCormick has openly and notoriously been in possession of the Property since executing the Lease; and WHEREAS, McCormick completed all its financial obligations under the Lease in 2001; and WHEREAS, McCormick has, at all times, been current with all property tax obligations pursuant to the Property and improvements thereon; and REGULAR MEETING NOVEMBER 12, 2024 240 WHEREAS, the City and McCormick represent that it was an oversight which led to the failure to properly document the conveyance of the Property to McCormick in 2001 upon McCormick’s successful completion of its financial obligations under the Lease; and WHEREAS, the City wishes to convey title to the Property via Quit Claim Deed, attached and incorporated herein as Exhibit 2; and WHEREAS, McCormick agrees to execute an Indemnification Agreement for the benefit of the City as part of the conveyance of the Property, attached an incorporated herein as Exhibit 3. WHEREAS, the Board attempted to take action to convey title of the Property to McCormick on May 14, 2024 by way of Resolution No. 16-2024, however the original copy of the Quit Claim Deed was never delivered to McCormick, nor was it recorded; and WHEREAS, the Board wishes to reaffirm Resolution No. 16-2024 and execute a Quit Claim Deed for the benefit of McCormick, attached and incorporated herein as Exhibit 2, for the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board hereby ratifies and approves the transfer of the property located at 3425 Lathrop Street, South Bend, Indiana 46628 to McCormick & Company, Inc. for the consideration of One Dollar ($1.00) in recognition of McCormick’s fulfillment of its obligations under a certain lease agreement with the City dated June 1, 1976. 2. The President and Clerk of the Board of Public, or their designees, are authorized and instructed to execute and attest, respectively, to the conveyance of the property via a Quit Claim Deed for the benefit of McCormick & Company, Inc. 3. This Resolution will be in full force and effect upon its adoption by the Board. ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on November 12, 2024. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Breana 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 Certificate of Completion 466 Works Community Development Corporation Issuing Certificate of Completion for Completed Single-Family Residential unit at 210 E. Broadway that was Completed Within Five Years of Donation Agreement dated 10/13/2020 NA Molnar / Micou Ratify Emergency Repair Contract Milestone Contractors North, Inc. Emergency 24” Water Main Repair on Lafayette Blvd. $91,290.34/ PR-00036362 Molnar / Micou *Subject to receiving a detailed memo for the file Professional Services Agreement Jones Petrie Rafinski Corporation Guardrail Warranty Study, Cost Estimates, and Design Services for 2024 & 2025 Guardrails Installation and $80,000/ PR-00037223 Molnar / Micou REGULAR MEETING NOVEMBER 12, 2024 241 Replacement Project No. 124-026 Professional Services Agreement Stantec Consulting Services Building out the Federally Mandated Long-Term Control Plan Project No. 124-039 $1,322,000/ PR-00037223 Molnar / Micou Water and Sewer Dedication Campus View (87) Dedication of Public Water Main and Sanitary Sewer Main Built to serve the Campus View Development NA Molnar / Micou Amendment No. 2 to Professional Services Agreement Jones Petrie Rafinski Corporation Additional Design Fee for Construction Phase Services for Four Winds Renovation and Expansion Project No. 123-046 $788,545/ PR-00030958 Molnar / Micou APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried DTSB Tree Lighting Ceremony Street Closure for Special Event December 6, 2024 (Rain Date: December 7, 2024); 3:00 p.m. to 11:00 p.m. Washington St. between Michigan St. & MLK Molnar / Micou DTBS Holiday Light Parade Street Closure for Special Event December 13, 2024 (Rain Date: December 20, 2024); 6:00 p.m. to 8:00 p.m. Frances St. between E. Washington St. & E. Wayne St. Molnar / Micou Santa Run Street Closure for Special Event December 14, 2024 (Rain Date: December 21, 2024); 7:30 a.m. to 10:30 a.m. W. Western between S. Michigan St. & Scott St. (crossings) Molnar / Micou APPROVAL OF REVOCABLE PERMIT FOR ENCROACHMENT – BAKERY GROUP, LLC President Maradik stated an application for an encroachment and revocable permit has been received from Bakery Group LLC for the purpose of allowing new steps to be placed in the right- of-way at 908 Portage 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. 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 – YMCA OF MICHIANA President Maradik stated an application for an encroachment and revocable permit has been received from YMCA of Michiana for the purpose of allowing installation of a blade mounted sign at 111 W. Jefferson Blvd. 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 Ms. Micou and carried by roll call, the encroachment and revocable permit was approved. APPROVE/DENY TRAFFIC CONTROL DEVICES REGULAR MEETING NOVEMBER 12, 2024 242 Upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the following traffic control device request was approved: NEW INSTALLATION: Three (3) Honorary Street Signs LOCATION: Grant St.& Delaware St., Grant St. & Calvert St., and Grant St. & Indiana Ave. REMARKS: All Criteria Met NEW INSTALLATION: Handicapped Accessible Parking Space Sign LOCATION(S): 611 S. Carlisle St. 838 Huey St. 3021 Hartzer St. REMARKS: All Criteria Met REMOVAL: Handicapped Accessible Parking Space Sign LOCATION: 2126 S. Scott St. REMARKS: All Criteria Met 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. Ms. Cheryl & Ms. Diane Macri, 19277 Oakdale Ave. South Bend, IN 46637 1. 21721 Sandybrook Dr. – Water (Key No.71-03-15-178-007.000-008) Upon a motion by VP Molnar, seconded by Ms. Micou and carried by roll call, the consents to annexation and waivers of rights to remonstrate were approved as submitted. 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: St. John Mittlehauser & Associates, 812 N. Wilber St. There being no further discussion, upon a motion made by VP Molnar, seconded by Ms. Micou and carried by roll call, the wastewater discharge permit(s) was approved. 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 Bowman Flooring Contractor, LLC Contractor Approved October 25, 2024 CE Hughes Milling, Inc. DBA The Airmarking Company Occupancy Approved October 16, 2024 TRG Services, Inc. Occupancy Approved April 30, 2024 Bowman Flooring Contractor, LLC Occupancy Approved October 25, 2024 Darius Hariston DBA HD Home Improvements, LLC Occupancy Approved November 1, 2024 VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified. Ms. Micou 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: REGULAR MEETING NOVEMBER 12, 2024 243 Name Date Amount of Claim City of South Bend Claims GBLN-0092215; GBLN-0092321 10/21/2024 $751,831.98 City of South Bend Claims GBLN-0092209; GBLN-0092132 10/22/2024 $2,083,063.01 City of South Bend Claims GBLN-0092534; GBLN-0093063; GBLN-0093123 10/29/2024 $1,823,356.34 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 Ms. Micou, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:01 a.m. BOARD OF PUBLIC WORKS _________________________________ Elizabeth A. Maradik, President _________________________________ Joseph R. Molnar, Vice President _________________________________ Gary A. Gilot, Member _________________________________ Murray L. Miller, Member _________________________________ Breana N. Micou, Member November 26, 2024