12172024 Board of Public Works Meeting

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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.