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