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<br />REGULAR MEETING MARCH 24, 2003
<br />Mr. Inks and carried the request to advertise for the receipt of bids and the Title Sheet were
<br />approved.
<br />APPROVE CHANGE ORDER - OLIVER PLOW DEMOLITION - PHASE II - BIANCHI
<br />INDUSTRIAL SERVICES, INC. - PROJECT NO, 100-092B
<br />Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted Change Order
<br />No. 2, on behalf of Bianchi Industrial Services, Inc., 208 Longbranch Road, Suite 300, Syracuse,
<br />New York, indicating that the Contract amount be increased by $108,703.26 for a new Contract
<br />sum including this Change Order in the amount of $1,803,703.26. Upon a motion made by Mr.
<br />Gilot, seconded by Mr. Littrell and carried, the Change Order was approved.
<br />APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT - SOUTH
<br />MICHIGAN STREET IMPROVEMENTS - L.L. GEANS - PROJECT NO. 102-007
<br />Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change
<br />Order on behalf of L.L. Geans, 1923 North Home Street, Mishawaka, Indiana, indicating that the
<br />contract amount be increased by $69,256.69 for a new contract sum including this Change Order in
<br />the amount of $288,220.38. Mr. Bodnar, stated the total change orders issued that increase the scope
<br />of the project may not exceed 20% of the amount of the original contract. A change order issued as
<br />a result of circumstances that could have been reasonably foreseen does not increase the scope of the
<br />project. In this case, the successful and all other bidders read the verbal description but relied on the
<br />numbers our engineer provided as to the amount of sidewalk removal, pouring a new sidewalk, etc.
<br />The figures were correct, as apparently, at least for some blocks, on one side of the street must not
<br />have been counted. This is not the typical circumstances to which the "not reasonably foreseen"
<br />exception applies. However, this was not an obvious mistake. The highest of the bids was not more
<br />than 15% higher than the lowest. There is no question that the contractor has performed the work
<br />and that the cost per square foot is not greater than in the original contract. The magnitude of the
<br />mistake is unprecedented and thus not reasonably foreseeable and therefore qualifies as an exception
<br />to the 20% rule. Additionally submitted was the Project Completion Affidavit indicating this new
<br />final cost. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Final Change
<br />Order and the Project Completion Affidavit were approved subject to filing of the appropriate three-
<br />year Maintenance Bond.
<br />APPROVE FINAL CHANGE ORDER AND PROJECT COMPLETION AFFIDAVIT -
<br />SOUTHEAST NEIGHBORHOOD DEMOLITIONS - WARNER & SONS - PROJECT NO 103-
<br />024
<br />Mr. Gilot advised that Mr. Toy Villa, Public Construction Manager, has submitted the Final Change
<br />Order on behalf of Warner & Sons, 29099 US Highway 33, Elkhart, Indiana, with no monetary
<br />change, and the contract sum including this Change Order in the amount of $17,450.00.
<br />Additionally submitted was the Project Completion Affidavit indicating this new final cost. Upon
<br />a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Final Change Order and the
<br />Project Completion Affidavit were approved subject to filing of the appropriate three-year
<br />Maintenance Bond.
<br />APPROVE CERTIFICATE OF COMPLETION AND FINAL WAIVER OF LIEN - PUBLIC
<br />WORKS SERVICE CENTER - KEN HERCEG & ASSOCIATES - PROJECT NO 101-001
<br />Mr. Gilot advised that Mr. Littrell, City Engineer, has submitted the Certificate of Completion and
<br />Final Waiver of Lien, for the above referred to project, indicating a final cost of $6,795,558.00.
<br />Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the Certificate of Completion
<br />and Final Waiver of Lien were approved.
<br />ADOPT RESOLUTION NO.24-2003 APPOINTING AN APPRAISER FOR 52600 OLIVE ROAD
<br />Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the following Resolution was
<br />adopted by the Board of Public Works:
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