03/27/12 Board of Public Works Minutes

Home Browse Search

PUBLIC AGENDA SESSION MARCH 22,,2012 97 Ms. Greene informed Mr. Dave Relos, Community and Economic Development, that her only concern with this project is the City must have an easement to do the work on this property. Mr. Relos stated Attorney Larry Meteiver is working on that currently and should have it ready by the Tuesday Board meeting. Mr. Gilot asked if Kathryn Roos, Mayor's Office, had reviewed the design, noting she is interested in reviewing architect plans for new projects. Mr. Relos stated the drawings are not complete; there was a meeting Monday with Holladay Properties and the drawings should be done this week. - Nimtz Parkway Multi -Use Path, Phase I — Study and Redesign Mr. Dave Relos, Community and Economic Development, stated this redesign with Abonmarche is for extra lighting that is needed and the addition of extra circuitry to facilitate the lighting. - Lease Agreement — Northeast Neighborhood Revitalization Organization, Inc. Mr. Gilot asked if these standard lease agreements were re- written to put some of the responsibility for the inspections of the property on the leasee. He noted for a $1.00 lease, some of the liability should be taken off the City; it's a pretty good deal for the leasee. Ms. Liz Maradik stated it had been re- written to address that issue. After review, Mr. Gilot noted that an insurance requirement has been included and that should be sufficient. Ms. Greene stated, however, there should be some affirmative obligation to inspect and report on the property on the part of the leasee. Mr. Inks stated this lease is with the NNRO, who in turn leases the property out. He noted the responsibility for the safety inspection should be placed on the NNRO because that is who the City enters into a contract with. - Professional Services Contract — Indiana Foreclosure Prevention Network Counseling Ms. Pam Meyer, Community and Economic Development, stated this contract is for housing counseling regarding delinquency and foreclosure, and is paid to the City based on the number of referrals. She noted the $75,466.00 is the maximum amount the City will receive. - Agreement — Verizon Mr. Dave Tungate, Water Works stated Water Works will be testing some air cards for streaming from out in the field and they were asked to sign this no -cost agreement prior to the demonstration. He noted their current cards are too slow, but he needs to confirm these new cards will work for Water Work's purposes before he commits to purchasing. Ms. Greene made note that the agreement allows them to test for only two weeks before they become financially responsible, and they are financially responsible for any damage to the cards. Mr. Tungate stated he is aware of the terms and intends to try them for only a couple of days. He noted he will be the only one handling the cards. - Professional Services Supplemental Agreement No. 2 — DLZ Indiana Mr. Andy Lamberis, DLZ, stated the cost for this professional service includes costs for permits and working with the Historical Preservation Commission to get this work for the Michigan Street Lift Station Replacement done. Mr. Jacob Klosinski, Environmental Services, stated this is a very complex project. He noted there is a lot to deal with when digging under Michigan Street. - Change Order — River Commons Lift Station Replacement Mr. John Engstrom, Engineering, stated this Change Order is due to the equipment and pump that was installed not performing as proposed. He noted he believes Jones and Henry did a design error on this project, and Legal is looking at it to determine if the financial responsibility should be placed on Jones and Henry. Ms. Greene noted there is a legal requirement to do testing to determine if it is working, and before they can determine who is at fault, the testing must be complete. Mr. Gilot summarized Jones and Henry designed it wrong; the City picked a cost effective solution to fix the problem, but the legal obligation for the design error is with Jones and Henry. Mr. Gilot asked if they normally send their pump calculations with their specifications. Mr. Engstrom stated he asked for them last year and never received them. - Parking Easement Agreement — South Bend Silver Hawks Mr, Larry Meteiver, Legal, stated this is a parking easement agreement for the Silver Hawks to use several public parking lots currently owned by several City entities including the Board of Public Works, the Park Board, and the Redevelopment Commission. He noted that the lot labeled "H" is to be jointly shared with the new Veterans Hospital and they need to make sure the lease doesn't interfere with the hospital. He noted all of the leases are written as one year agreements that have provisions to cancel out any of the lots at any time. Mr. Gilot noted the framework of the agreements is a problem; why would you take public land and let a private for profit