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AGENDA REVIEW SESSION JULY 7, 2022 159 <br /> <br />The Agenda Review Session of the Board of Public Works was convened at 10:30 a.m. on July <br />7, 2022, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and Board <br />Members Gary Gilot, Jordan Gathers (arrived virtually at 10.47 a.m.), Murray Miller, and Board <br />Attorney Clara McDaniels (virtual) present. Board of Public Works Clerk, Theresa Heffner, <br />presented the Board with a proposed agenda of items presented by the public and by City Staff. <br /> <br />Board members discussed the following item(s) from the agenda. <br /> <br />CHANGE ORDERS <br />Project Engineer Finnian Cavanaugh was present to discuss item 5.A. the Coal Line Trail, Phase <br />I. Mr. Cavanaugh noted that there are a lot of different line items included in this change order <br />that includes some additional work. Change order fifteen (15) was an adjustment in the way <br />items were paid that resulted in the avoidance of a charge that was brought to the city. The City <br />is responsible for twenty percent (20%) of the cost which is broken down in the memo to the <br />Board. Gary Gilot asked if it was a project controlled by INDOT, and Mr. Cavanaugh confirmed. <br /> <br />REJECT BIDS AND QUOTATIONS <br />Assistant City Engineer Leslie Biek was present to discuss item 4.B. the 2022 Community <br />Crossings Road Rehabilitation. Ms. Biek explained that the bid is being rejected because it <br />exceeded the project budget by double and because Milestone Contractors North Inc. stated that <br />they could not complete the project by the required completion date of October 31, 2022. Ms. <br />Biek explained that both Reith Riley and Milestone Contractors expressed interest if the <br />completion date could be extended. <br /> <br />Mr. Gilot asked if there were concerns about MWBE capacity for this project. Ms. Biek <br />mentioned that Milestone Contractors did state their concerns about MWBE capacity in the letter <br />to the Board with their bid, but they did submit MWBE documents. Murray Miller stated that <br />Milestone Contractors were concerned about the availability of MWBE to contract work out to. <br />Ms. Biek stated that sometimes they can hire people on to do the work, but they are not always <br />available. Mr. Gilot noted that the Office of Diversity and Inclusion could possibly help grow <br />some of the MWBE firms in our area. <br /> <br />Mr. Gilot asked Attorney McDaniels if the engineers use the same bid document in the open <br />market and they only adjust the timeline for the project completion deadline, would the project <br />need to be rebid. Attorney Daniels recommended that if there were no time constraints, <br />Engineering should rebid the project even if the only thing changing is the completion deadline <br />because of the length of the planned completion deadline into 2023. Ms. Biek noted possible <br />INDOT timing complications. Due to CCMG funding, INDOT requires a signed contract with a <br />contractor by 8/19/22. If re-bidding, the soonest we could open bids is 8/9 and award on 8/23. <br />President Maradik and Mr. Gilot stated that a special meeting could be called to accommodate, <br />or the Board could take action at an agenda review session. President Maradik stated that Ms. <br />Biek should speak with INDOT to see if the signed contract deadline date is flexible then include <br />a request to advertise so that the project could be rebid. <br /> <br />Mr. Gilot asked if the Board were to give contractors until August of 2023 to complete the <br />project, would they hold the prices with no escalation to the City. Attorney McDaniels noted that <br />she has seen vendors build pricing escalations into their contracts. Mr. Gilot advised that index <br />pricing would benefit both sides and would allow for pricing to adjust up or down depending on <br />the market. Mr. Gilot also noted that the project could be broken up to allow for flexibility in the <br />project. <br /> <br />AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA <br />Ms. Biek was present to discuss item 7.D. the Amendment No.1 to Owner-Engineer Agreement <br />– A & Z Engineering, LLC. Ms. Biek explained that they would be putting a bump in the road <br />between Dean Street and Sherwood Street where the road shifts slightly and cars are not shifting <br />over which results in accidents with parked cars along the road. She noted that this is a zero-cost <br />amendment. <br /> <br />AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA <br />Mr. Gilot asked about item 7.B. Professional Services Agreement with Shive Hattery <br />Architecture + Engineering. Mr. Gilot pointed out to Attorney McDaniels that they have a <br />substantial section of their own terms and conditions inserted into the boilerplate contract that