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AGENDA REVIEW SESSION SEPTEMBER 4, 2014 276 <br />giving extra days for that. He added it is hard to tell without clear documentation whether it was <br />on the part of the manufacturer. Mr. Klosinski explained the delays caused the contractor to <br />exceed the allotted shut -down period of 196 days. He noted imposing that much liquidated <br />damages will be excessive, and the 98 day extension would be deducted from the liquidated <br />days. He added they have only completed two (2) out of eight (8) tanks at this point. Mr. Gilot <br />stated he is inclined to deny this request to send a message that the contractor's future efforts will <br />affect the Board's final action on releasing any liquidated damages. Representatives from L. D. <br />Docsa, Contractor, were present and stated they could provide documentation on the equipment <br />delivery delay. They stated they have picked up on their work moving forward and realize they <br />can't not work. They noted they felt they couldn't do quality work in the severe weather and <br />chose not to work. In hind sight, they stated they shouldn't have taken tank five (5) out of <br />operation. Ms. Roos questioned what they are doing to prevent this from happening again this <br />winter. L.D. Docsa representatives stated they can't let this happen again and they are going to <br />stagger the tanks and have the tanks with the least amount of concrete to do last. They noted they <br />would spend one (1) day last winter just removing the excessive snow to get at the tanks. Mr. <br />Gilot stated they need to show better progress and added he would like to see data of historical <br />progress. Ms. Roos added also what temperature they are able to pour in. Mr. Gilot re- iterated <br />the good will of the Board depends on the contractor's progress going forward. Ms. Roos <br />requested this item be removed from the agenda due to too many issues yet to be resolved. <br />- Change Order and Project Completion Affidavit — Pinhook Water Treatment Plant <br />Efficiency Project <br />Mr. John Wiltrout, Water Works, stated he is requesting liquidated damages of eighteen (18) <br />days be imposed due to the project completion date of May 5, 2013 not being met and <br />completion not until December 20, 2013. He noted he allowed for some inclement weather <br />delays and adjustments to come up with the eighteen (18) days. Ms. Roos stated he needs to go <br />back and figure out how many days of actual delay there were. Mr. Gilot added that should be <br />anything that caused loss of use, not painting or grass planting that is not relevant to the <br />operations. Mr. Gilot recommended Mr. Wiltrout sit with Mr. Eric Horvath and Ms. Kara <br />Boyles, Public Works, before Tuesday and send their recommendation in an email to the Board <br />on Monday. They also need to clarify if any of the work is warranty work, he added. <br />- Award Bid — Hill Street and Colfax Avenue On Site Improvements <br />Mr. Jitin Kain, Community Investment, stated this award was previously tabled by the Board <br />because the developer didn't provide a bank finance letter. He stated that has now been received <br />and he is ready to proceed with the award. <br />- Request to Advertise for Bids — Nine (9) More or Less, Tractor Trailers for Lippert <br />Components, and Corn Oil Separation Process for Noble America's South Bend Ethanol <br />Facility <br />Mr. George King, Purchasing stated he is requiring both companies to sign -off on these <br />purchases giving their approval of the items being purchased. Ms. Roos requested they sign off <br />before the Board approves the advertising. <br />PRIVILEGE OF THE FLOOR <br />Mr. Joseph Shabbaz addressed the Board regarding the use of Minority Contractors on City <br />projects. <br />The Clerk was instructed to post the agenda and notify the media and other persons who have <br />requested notice of the meeting agenda. No other business came before the Board. The meeting <br />adjourned at 12:15 p.m. <br />BOARD OF PUBLIC WORKS <br />Gary A. Gilot, President <br />David P Relos, Member <br />K thryn E. R s, Member <br />Patrick M. Henthorn, Member <br />