01/29/2014 Board of Public Works Minutes

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AGENDA REVIEW SESSION JANUARY 23, 2014 10 defined; who does what; and an end date. The Board requested the agreement be removed from the agenda until these issues are corrected. - Change Order — East Bank Sewer Separation, Phase 4 Mr. Toy Villa, Engineering, stated this decrease is due to an error in design on quantities. He noted other items offset the cost; the total change on the project is under $59,000. Mr. Henthorn stated it was discovered that they needed lesser quantities once into the project. Mr. Gilot noted pavement can be measured; there shouldn't be such a large discrepancy. He suggested they should talk to the design engineer about accurately quantifying quantities. - Change Order — Pinhook Water Treatment Plant Efficiency Improvements Mr. John Wiltrout, Water Works, stated this Change Order is due to four items. Mr. Eric Horvath, Director of Public Works, noted this does not include the filter mount. Mr. Wiltrout stated they are requesting a four week extension for that item. Mr. Horvath stated four weeks seems too much time; is it appropriate? Mr. Wiltrout stated there will be two workers doing the installation. Mr. Horvath noted it should take half the time for two men and suggested the Board approve two (2) weeks, and count working days. Ms. Roos suggested Mr. Wiltrout monitor them and see how long it takes them. - Request to Advertise -- 2014 Trucking of Belt -Pressed Biosolids for Land Application Mr. Horvath asked if this is more cost effective to do in-house. Mr. Al Greek, Division Manager of Environmental Services, stated the City does not have the trucks. He added they would need to purchase ten (10) trucks to run every day. Mr. Klosinski stated the language in the bid was changed last year to encourage WBE and MBE businesses to bid. He noted they will continue to encourage this again this year. - Special Purchase — ESO Solutions Assistant Chief Andy Myer, Fire Department, stated this request is to replace current software that is not user-friendly and holds up responders due to a server based system. He noted the new industry standard has a mobile side and a server side. He stated the Fire Department looked at different systems and ESO was very price -competitive. He added they worked with IT on training and compatibility and IT is agreeable to the change in software. Ms. Greene noted she had reviewed the contract and requested some changes, which have been made, but she has since noticed an evergreen clause that needs to be removed. She said the Fire Department can do a five (5) year contract. Mr. Horvath stated the other concern is that we own the data. Ms. Greene noted this agreement is a separate business agreement that is standard to these HIPPA contracts. All information is confidential and cannot be shared. Ms. Roos questioned if a yearly escalation clause is built into the five year contract. Chief Myer stated it is not, the cost is gauged on run volume which is approximately between 12,000 to 20,000 calls per year, Mr. Gilot questioned if it is more feasible to hire an outside agent for billing. Chief Myer stated it is not because they bill you 8% of what is billed, not what is collected. He noted the Fire Department does a better job of billing in-house. - Request to Advertise — 2014 Manhole Rehabilitation Ms. Roos stated there were discussions last year about the way the specifications were written for this project. Mr. Paul South, Street Department, agreed and noted they have redone the experience requirements so the contractors have the opportunity to show they can do the work if they don't meet the experience requirements. Mr. Horvath added they can meet the requirements of the prequalification if not they can do a demonstration to show they can do the work. Ms. Greene stated they need to take out the reference to the South Bend Plan in the specs, since it doesn't exist. Mr. Gilot stated there may need to be tweaking in the specs on asphalt materials. PRIVILEGE OF THE FLOOR Attorney Christopher Potts introduced himself as attorney for John Boettcher for the construction of a lift station that has resulted in liquidated damages in the amount of $3,000.00. Mr. Potts stated we object to that finding. He noted Mr. Boettcher acknowledges there was a delay, but he doesn't feel responsible for the delay. He was granted 165 days to install the lift station, and the equipment wasn't delivered for 120 days. Mr. Potts stated he spoke to Attorney Cheryl Greene and she offered a mitigation of what the contract could have called for in liquidated damages. He stated Mr. Boettcher doesn't feel he should be charged anything. Ms. Greene explained this item was on the last agenda. She noted the Board received a recommendation that damages in the amount of $34,000,00, as provided in the contract, could be imposed. She stated the Board took into account all of the information Mr. Boettcher brought forward at that meeting and reduced the charges to $3,000,00. Mr. Gilot explained the Board recognized that Mr. Boettcher has a stellar reputation, but when you are the general contractor, you are responsible for the whole team. He noted although Mr. Boettcher may not be responsible directly, he is responsible for the sub -contractors he hired. Mr. Gilot stated Mr. Boettcher is a good contractor and he did a good