09/04/2014 Agenda Review - Laserfiche WebLink

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AGENDA REVIEW SESSION SEPTEMBER 4 2014 275 Ms. Pamela Meyer, Community Investment, stated she is presenting three agreements for the Board's approval; one with South Bend Heritage Foundation, one with the Near Northwest Neighborhood, Inc., and one with the Urban Enterprise Association of South Bend, Inc. She explained the funds were awarded from the State for blight elimination. The properties, Ms. Meyer explained, will be transferred from the County to the Board of Works for demolition. Memorandum of Understanding, License Agreement, and Resolution No. 44-2014 Attorney Greene stated she has three inter -related items to present to the Board regarding the construction of a Professional Batting Cage by Swing Batter Swing. The property is owned by the Board of Park Commissioners and wraps around the Four Winds Stadium. The property development will need to go through the subdivision process and there is some urgency because they are hoping to break ground on October 1, 2014. Ms. Greene stated the Board of Park Commissioners approved the Memorandum of Understanding yesterday at a Special Meeting of the Board to transfer the property to the Board of Public Works and authorized her to approve and prepare any further documents necessary to facilitate the process. She noted the Board of Works will now enter into a License Agreement with Swing Batter Swing to indemnify the City and allow Swing Batter Swing access to the property for the purpose of constructing the batting cage on the property. She noted the Memorandum of Understanding includes language in the event of a change in the ownership of the team, the City has the first right of refusal to purchase the property back. She added a cross -access agreement will need to be worked out for the parking lot. Ms. Greene stated the facility will be a public benefit and will be open to the public. - Change Order — Century Center Hall A & B Floor Finish Improvements Mr. Toy Villa, Engineering, stated this increase was due to unforeseen conditions from extra cracking discovered in the floor that needed grinding. - Change Order — South Bend Fire Department Training Center Mr. Toy Villa, Engineering, stated this increase is due to the creation of a blind spot at the intersection of High Street and Sample Street from the installation of the fencing around the Training Center. He explained they are doing additional work to revamp that area for better visibility and will then closeout this project. - Special Purchase — Three Unmarked Police Vehicles for Drug Unit Lieutenant Chris Voros, Police Department, stated these vehicles will be paid for from the asset forfeiture funds. Attorney Greene noted the vendor and vehicle descriptions are confidential due to the nature of the vehicles use. - New Installation - Residential Parking Zone The Board questioned Mr. Corbitt Kerr, City Engineer, on the process used in determining this location at 1217 N. Notre Dame Ave. as meeting the requirements of a residential parking zone. Mr. Gilot and Ms. Roos noted local Ordinance governs the establishment of a residential parking zone and there are very clear guidelines to follow. They questioned if these residents would be given residential parking stickers for their cars. Mr. Kerr stated no, they were just installing a sign restricting parking from 6:00 a.m. to 6:00 p.m. for residents only. Mr. Gilot questioned how they would enforce this without stickers in the cars and re -iterated there is a process that must be followed for establishing these zones. Ms. Roos suggested the Board table this request for now. - Change Order — Primary Clarifier Rehabilitation and Equipment Upgrades — Project No. 111-071 Mr. Jacob Klosinski, Environmental Services, stated this Change Order was previously tabled by the Board at their August 12, 2014 meeting. He stated he is bringing it back at this time to ask the Board's consideration of approval of an extension of ninety-eight (98) days due to severe inclement weather last winter that affected the contractor's ability to pour concrete for this project. Ms. Roos questioned the amount of days, noting it seemed excessive and questioned why the contractor didn't anticipate inclement weather at the time they bid on the project. She noted they knew they would be working in the winter and they should have taken this into consideration. Ms. Greene stated you can pour concrete in the cold, however this last winter was extreme, and had they proceeded with the work, the City shouldn't accept work done in those conditions. Ms. Roos stated she understands some delay but this seems excessive. Mr. Klosinski stated this is a very specific mix not pourable in this winter's conditions. He added there were delays in delivery of equipment to the contractor also. Ms. Roos questioned whose fault the delays were. Mr. Klosinski stated the manufacturer of the equipment had delays. Ms. Roos noted that is not the City's responsibility, the contractor should impose damages on the manufacturer for the delay. Attorney Greene stated the language in this contract states time is subject to the Board's approval. Ms. Roos stated the delay in delivery of equipment is not the City's responsibility and the contractor set up a schedule knowing they couldn't pour in normal winter anyways. All of this should not be the City's problem. Mr. Eric Horvath, Director of Public Works, noted typically when you get equipment, there is some delay in delivery but he can't see