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HomeMy WebLinkAbout12172024 Board of Public Works MeetingREGULAR MEETING DECEMBER 17, 2024 264 REGULAR MEETING DECEMBER 17, 2024 The Regular Meeting of the Board of Public Works was convened at 9:49 a.m. on Tuesday, December 17, 2024 (due to technical difficulties), 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, Breana Micou (not present), 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 December 5, 2024, and December 10, 2024, were approved. ELECTION OF 2025 BOARD OF WORKS PRESIDENT AND VICE PRESIDENT Upon a motion made by Joseph Molnar to nominate Liz Maradik for President, seconded by Murray Miller and carried by roll call, Liz Maradik was approved to be President of The Board of Public Works for 2025. Upon a motion made by Gary Gilot to nominate Joseph Molnar for Vice President, seconded by Murray Miller and carried by roll call, Joseph Molnar was approved to be Vice President of The Board of Public Works for 2025. OPENING OF PROPOSALS – CONSTRUCTION MANAGER AS CONSTRUCTION (CMC) SERVICES FOR THE MADISON LIFESTYLE DISTRICT – NEW PARKING GARAGE – PROJECT NO. 123-074 (PR-00037200) This that this was the date set for the receiving and opening of sealed proposals for the above referenced project. Ms. Maradik stated the Proposals will be reviewed and scored based on a matrix system, by a team made up of City representatives. Attorney Schmidt read the names of the following companies submitting proposals: CRG RESIDENTIAL 805 City Center Dr. #160 Carmel, IN 46032 troberts@crgresidential.com Non-Collusion Affidavit Form was Submitted Two (2) of Two (2) Addendums were Submitted CSM GROUP 600 E. Michigan Avenue, Suite A Kalamazoo, MI 49007 todd.mcdonald@csmgroup.com Non-Collusion Affidavit Form was Submitted Two (2) of Two (2) Addendums were Submitted GARMONG 5988 N. Michigan Rd. Indianapolis, IN 46228 pokeson@garmong.net Non-Collusion Affidavit Form was Submitted Two (2) of Two (2) Addendums were Submitted F.A. WILHELM 3914 Prospect St. Indianapolis, IN 46203 MitchDavison@fawilhelm.com REGULAR MEETING DECEMBER 17, 2024 265 Non-Collusion Affidavit Form was Submitted Two (2) of Two (2) Addendums were Submitted SHIEL SEXTON 130 S. Main Street, Suite 140 South Bend, IN 46601 cmetzger@shielsexton.com Non-Collusion Affidavit Form was Submitted Two (2) of Two (2) Addendums were Submitted Mr. Miller asked if this project went out for requests. President Maradik noted that this is an opening of proposals, so there was a request for proposals that outline a series of criteria and information that proposers would need to submit, which would include a price, but usually the pricing is not the only thing that is evaluated when making a determination for awarding a proposal. She added that it was approved at a previous board meeting on November 12. VP Molnar noted that it was posted on our website and followed out normal advertising procedures. Upon a motion made by VP Molnar, seconded by Mr. Miller (noting his issues with this process) and carried by roll call, the above proposals were referred to Public Works and Community Investment, for review and recommendation. AWARD BID AND APPROVE CONTRACT – 2024 NEIGHBORHOOD SERVICES & ENFORCEMENT DEMOLITIONS – PROJECT NO. 124-051 (PR-00037170) Zach Hurst, Engineering, advised the Board that on December 10, 2024, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Hurst recommended that the Board award the contract to the lowest responsive and responsible bidder, Indiana Earth, Inc., in the amount of $550,295. Therefore, VP Molnar made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Mr. Miller seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT – STUDEBAKER MUSEUM HVAC REPLACEMENT – PROJECT NO. 124-020 (PR-00036580) Patrick Sherman, Engineering, advised the Board that on November 26, 2024, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Sherman recommended that the Board award the contract to the lowest responsive and responsible quoter, Herrman & Goetz, in the amount of $84,400. 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. APPROVAL OF REQUEST TO REJECT BIDS/QUOTATIONS AND RE-ADVERTISE – CLEVELAND RD. & PORTAGE AVE. TRAFFIC SIGNAL IMPROVEMENTS – PROJECT NO. 123-063 (PR-00035802) In a memorandum to the Board, Leslie Biek, requested permission to reject all bids and readvertise for the above referenced project due to lowest bidder did not meet MWBE goals nor made good faith effort, and second lowest bidder exceeded available budget. Mr. Miller asked if this went out for Mr. Miller noted that he reviewed the numbers and was not sure how the project was divided to meet the goals. He was concerned that the bids would come back higher since it is being rejected. Assistant City Engineer Leslie Biek stated that Hawk Enterprises, Inc. was the low bidder and they did not put themselves down as WBE company and they did not meet the MBE goals or make a good faither effort to try to find an MBE. The second lowest bidder exceeded the budget, so they are asking to reject all bids and readvertise. She noted that INDOT and the state does not allow primary contractor to include themselves as a WBE even though they are. It is a hard project to subdivide because it is electrical. REGULAR MEETING DECEMBER 17, 2024 266 Director of Diversity and Inclusion Cynthia Simmons advised that there are no provisions in place, so they should have to include another WBE contractor. Mr. Gilot stated that if we have a chance to get one hundred (100) percent participation on the WBE as the prime, why wouldn’t we take that. He doesn’t understand the resistance. VP Molnar asked if it is the ordinance that says that the primes cannot use themselves to meet the goals. Director of Public Works Eric Horvath noted that the second (2) issue is that we require that the MBE and WBE goals to be met or show a good faith effort to meet them, since they are a WBE, they should only have to meet the MBE goals. President Maradik asked if the goals will be re-evaluated when it is readvertised. Assistant City Engineer Biek advised that they will re-evaluate how the goals are met. She added that Hawk Enterprises, Inc. could do all the work except for the concrete. Director Simmons noted that she is open for discussion on the WBE goals. The program plan does say that they can look at other bidders to see if they met the MBE goals. Hawk Enterprise, Inc. made no effort on the MBE goals where others did. Mr. Miller stated that the bids should be handled the same for everyone. He has seen large projects given waivers where some get rejected. He doesn’t want to see the city set a precedent. VP Molnar asked what the price difference was between the lowest bidder and the second (2) lowest bidder. Assistant City Engineer Biek advised that it was a difference of ninety (90) thousand. VP Molnar asked what happens if we readvertise and the still don’t meet the MBE goals. Director Horvath advised that they would need to show that they made a good faith effort. Director Simmon stated that they model their process after INDOT and the state and they do not accept using their own WBE. Attorney Schmidt advised that the state regulation governs the State’s program only, not the City’s. The City’s program does not have similar language and his interpretation is that the City can be flexible in how it counts M or W participation when the Prime contractor is a M or W contractor. Director Simmons noted that the program plan needs to be amended. President Maradik noted that they issue is that the lowest bidder did not meet the MBE goals and the second (2) lowest bidder exceeded the budget. VP Molnar made a motion , but noted his frustration on an item that came to the board and is being rejected due to goals not being met when this is something that will be good for the residents of South Bend Mr. Miller seconded the motion carried by roll call, the above request was approved. APPROVE CHANGE ORDER NO. 1 – 2024 THERMOPLASTIC STRIPING – PROJECT NO. 124-025 (PR-00034249) Ms. Maradik advised that Lidya Abreha, Engineering, has submitted change order number 1 on behalf of CE Hughes Milling, Inc. DBA The Air Marking Co., indicating the contract amount be increased by $4,314 for a new contract sum, including this change order, in the amount of $16,704. Attorney Schmidt advised that there was an issue with eh specifications and some markings that were the city’s error and that is what drove the increase in cost. It was a small quoting project and we acted quickly on the interpretation and it was our fault. REGULAR MEETING DECEMBER 17, 2024 267 Assistant City Engineer Biek added that they striped roundabouts, but there was an error in how the double arrows were quantified. 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 – 2024 CURB AND SIDEWALK PROGRAM, DIVISONS 1,2,3, & 5 – PROJECT NO. 124-009 (PO-0032684: PO-0032686: PO-0032683: PO-0032682) Ms. Maradik advised that Gemma Staton, Engineering, has submitted change order number 1 on behalf of Selge Construction Co., Inc., indicating the contract amount be increased by 71,365.40 for a new contract sum, including this change order, in the amount of $909,146.45. 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 – CLEVELAND RD. & AMERITECH DR. INTERSECTION IMPROVEMENTS – PROJECT NO. 122-049 (PO-0026602) Ms. Maradik advised that Scott Kreeger, Engineering, has submitted the project completion affidavit on behalf of Milestone Contractors North, L.P., for the above referenced project, indicating a final cost of $1,463,270.49. 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 QUALIFICATIONS – SOUTH BEND CENTRAL FIRE STATION & MLK DREAM CENTER SOLAR GUARANTEED ENERGY SAVINGS CONTRACT (GESC) – PROJECT NO. 125-008 In a memorandum to the Board, Lidya Abreha, Engineering, requested permission to advertise for the receipt of qualifications for the above referenced project. Therefore, upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above request was approved. APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA The following agreements/contracts/proposals/addenda were submitted to the Board for approval: Type Business Description Amount/ Funding Motion/ Second Amendment No. 2 to OEA DLZ Indiana, LLC Bidding and Construction Administration Services for Renovation at Byer’s Softball Complex Project No. 123-072 $61,800/ PO-0027427 Molnar / Miller Retaining Wall Construction and Maintenance Agreement HDJ Investments LLC and R Squared Enterprises LLC Agreement with the Owner and Buyer of 627 South Bend Ave. to Construct a Retaining Wall as Part of the South Bend Ave. and Hill Street Project to Resolve the Grade Difference between the Property and the Public ROW Project No. 122-040B NA Molnar / Miller * Professional Services Agreement HydroDigital, LLC Operate and Maintain Sensors and Telemetry for the Smart Sewer System Project No. 121-081 $472,350/ PR-00037780 Molnar / Miller Professional Services Agreement Troyer Group, Inc. Design Services and Concept Design/Budgeting for the West Washington Greenway Project, Project No. 124-070 $38,100 Molnar / Miller Local Roads and Bridges Matching Indiana Department of Transportation 2024 Community Crossings Matching Grant (CCMG) Second Round 50/50 Cost Share for the $388,250/ PR-00036735 Molnar / Miller REGULAR MEETING DECEMBER 17, 2024 268 Grant Agreement Road Rehabilitation of Various City Streets Project No. 124-047 Wastewater Service Agreement Amazon Data Services, Inc. Agreement Defines the Terms of Wastewater services for the New Data Centers Located in the Indiana Enterprise Center NA Molnar / Miller *Mr. Gilot asked if the retaining wall is in the city’s right of way. Senior Engineer Charlie Brach stated that it is on private property. Director Horvath stated that it is adjacent to the sidewalk. APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried Chanukah Menorah Lighting Street Closure for Special Event December 29, 2024/4:00 p.m. to 6:00 p.m. Jon Hunt Plaza in Front of Morris Performing Arts Molar / Miller PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, Ms. Maradik adjourned the meeting at 10:19 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 January 14, 2025