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REGULAR MEETING AUGUST 14, 2012 261
<br />potentially creating an unsafe condition and a liability to the City. The Change Order that has
<br />been issued for this project could not have been reasonably foreseen and, as such, does not
<br />constitute increase in the scope of work for the project and is therefore not subject to the 20%
<br />limitation, and complies with IC 36- 1- 12- 18(d). Ms. Greene stated the only question for the
<br />future is are we properly inspecting to account for future consideration. Mr. Gilot questioned if
<br />this should be awarded in unit prices also. Ms. Greene agreed it should be, adding that would
<br />allow for more flexibility in the future. Mr. John Pemberton Sr., Sewer Department, stated that
<br />since the program was implemented, more "out of site, out of mind" problems are being
<br />discovered. He added they had no idea how bad the condition of some of the manholes were. Mr.
<br />Gilot noted by inserting new liners, rather than rebuilding the manholes, they are saving about
<br />$8,000.00 to $11,000.00 per manhole. Mr. Neal asked if there is a loss of volume by inserting a
<br />liner. Mr. Pemberton stated there isn't, and more importantly, they still have plenty of room for
<br />a man or a camera to be lowered into the hole. Ms. Roos asked how many holes they are
<br />repairing a year. Mr. Pemberton stated they are doing approximately one - hundred, sixty (160)
<br />manholes a year. He added they are inspecting about twenty (20) to twenty -five (25) a day, five
<br />(5) days a week, except in the winter months. Mr. Gilot asked if Sewers has a rating system to
<br />prioritize their repairs. Mr. Pemberton stated they do. Upon a motion made by Ms. Roos,
<br />seconded by Mr. Inks and carried, the Change Order was approved.
<br />APPROVE CHANGE ORDER NO. 3 — DIAMOND AVENUE TRUNK STORM SEWER —
<br />PROJECT NO. 109 -033B (2011 SEWER BOND)
<br />Mr. Gilot advised that Mr. Toy Villa, Engineering, has submitted Change Order No. 3 on behalf
<br />of HRP Construction, 5777 Cleveland Road, South Bend, Indiana 46628 indicating the contract
<br />amount be increased by $5,500.00 for a modified contract sum, including this Change Order, in
<br />the amount of $3,575,819.00. Upon a motion made by Mr. Inks, seconded by Ms. Roos and
<br />carried, the Change Order was approved.
<br />APPROVE CHANGE ORDER NO. 1 — INSTALLATION OF 62.9 KW HYDROELECTRIC
<br />TURBINE — PROJECT NO. 111 -0 10 ( EECBG GRANT/UTILITY ACCOUNT)
<br />Mr. Gilot advised that Mr. Jonathan Burke, Energy Office, has submitted Change Order No. 1 on
<br />behalf of Koontz - Wagner Construction Services, LLC, 3801 Voorde Drive, South Bend, Indiana
<br />46628, indicating the contract amount be increased by $151,606.00 for a modified contract sum,
<br />including this Change Order, in the amount of $268,723.00. In a memo to the Board, Mr. Burke
<br />explained that 2.22% of the increase is attributed to extra expenses authorized by the original
<br />contract. The remainder is due to unforeseen conditions that could not have been reasonably
<br />anticipated at the time the original bid documents were prepared, and include an additional
<br />contingency fund in the amount of $10,000.00. Ms. Greene noted that the majority of the
<br />changes are not changes to the scope but are due to unforeseen circumstances and don't count
<br />against the 20% cap. Mr. Burke noted that the City is only responsible for $23,433.49 of the total
<br />increase; the rest is covered by the EECBG Grant. Upon a motion made by Ms. Roos, seconded
<br />by Mr. Inks and carried, the Change Order was approved.
<br />APPROVE CHANGE ORDER NO. 1 2012 INFRARED PAVEMENT PATCHING —
<br />PROJECT NO. 112 -003 (SEWER DEPARTMENT)
<br />Mr. Gilot advised that Mr. Pete Kaminski, Street Department, has submitted Change Order No. 1
<br />on behalf of Asphalt Restoration Services, PO Box 2484, South Bend, Indiana 46680, indicating
<br />the contract amount be increased by $36,000.00 for a modified contract sum, including this
<br />Change Order, in the amount, Not to Exceed, of $216,000.00. Mr. Gilot explained that the Sewer
<br />Department's needs were not included when this was bid, and they now want to piggy -back on
<br />the Street Department's bid. Ms. Greene noted this caps out the allowable increase for this
<br />project and any future needs will have to be bid out. Upon a motion made by Mr. Inks, seconded
<br />by Mr. Neal and carried, the Change Order was approved.
<br />APPROVE CHANGE ORDER NO. 1 — 2012 STREET MATERIALS — PROJECT NO. 112 -001
<br />(STREET DEPARTMENT
<br />Mr. Gilot advised that Mr. Pete Kaminski, Street Department, has submitted Change Order No. 1
<br />on behalf of Bit Mat Products of Indiana, Inc., PO Box 428, Ashley, Indiana 46705, indicating
<br />the contract amount be increased by $40,000.00 for a modified contract sum, including this
<br />Change Order, in the amount of $240,000.00. Mr. Kaminski stated in a Memo that due to the
<br />drought conditions, additional Earthbind alley material is needed to stabilize the alley conditions
<br />before the Operation Releaf program starts up. Upon a motion made by Mr. Inks, seconded by
<br />Ms. Roos and carried, the Change Order was approved.
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