01/08/2015 Agenda Review - Laserfiche WebLink

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AGENDA REVIEW SESSION JANUARY 8 2015 The Agenda Review Session of the Board of Public Works was convened at 10:32 a.m. on January 8, 2015, by Board President Gary A. Gilot, with Board Members David Relos, Patrick Henthorn, and Brian Pawlowski present. Board Member Kathryn Roos was absent. AIso present was Attorney Michael Schmidt and Attorney Catherine Fanello, Krieg DeVault. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from the agenda. - Professional Services Agreement — Blue & Co., Inc. Assistant Fire Chief Todd Skwarcan stated this agreement is for the reimbursement of municipal owned ambulance costs through Medicaid, and is the same agreement the Fire Department enters into every year. He noted the only difference is they are getting reduced pricing for entering into a three (3) year agreement. Chief Skwarcan noted the Legal Department added an escape clause in case it is needed. - Professional Services Agreement - Gibson Insurance Agency, Inc. Ms. Penny Price, Administration and Finance, stated this agreement is for Gibson Insurance to provide policies and handle claims and issues for the City. She noted it is an annual contract. Attorney Michael Schmidt stated they need to provide e-verify and non -collusion forms. He added that going forward, all contracts have to have a signed non -collusion form before going on the agenda. He explained if it is not provided up front, it is easy to forget about it. Mr. Schmidt noted Indiana Statute requires the form for every contract. Attorney Catherine Fanello stated also the Board is no longer approving items subject to legal review, so the forms need to lotbe prior to submittal for the agenda. Mr. Eric Horvath, Public Works Director, questioned if it is needed for every contract or one-time each year for each vendor. Mr. Gilot stated it is required of all contracts, each contract is subject to different subcontractors, and different work. - Quote Award — 2015-2017 Water Works HVAC Systems Mr. John Wiltrout, Water Works, stated he requested and accepted quotes in his office for this maintenance contract, and he is recommending the award to the lowest responsive and responsible vendor, Johnson Controls. Mr. Relos asked if there was a not to exceed amount for the overtime and holiday charges, or if they were confident that would not push them over the budget. Mr. Wiltrout stated they have never used overtime or holiday service much in the past and they weren't concerned about it becoming an issue. - Change Order and Project Completion Affidavit - Pinhook Water Treatment Plant Efficiency Improvements Mr. John Wiltrout, Water Works, stated they have paid the prime contractor, L.D. Docsa, except for all of the retainage. He noted the contractor isn't paying their subs because they are holding back for any additional liquidated damages to be charged to them, so they can recover some of the charges from their subcontractors. Mr. Wiltrout noted also that L.D. Docsa is saying the City is holding back 10% retainage, but it was originally only 5%, and has now been reduced to 2.7%. Mr. Gilot stated that is not following the language of the contract, adding they are required to pay their subs before issuing a close-out. Mr. Gilot suggested it would be premature to act on this until the issues are worked out. Ms. FaneIlo stated they placed this on the agenda for guidance from the Board on how they want to handle this. Mr. Horvath stated he has no problem with doing the final change order, but he is not ready to do the close-out. He added the City should hold on to the retainage until the issues are resolved. - Professional Services Agreement — CBClnnovis, Inc. Ms. Pam Meyer, Community Investment, stated she does not have the e-verify form back and Legal requested the governing law be changed from Ohio to Indiana. She stated she may need to delay this contract. - Amendment No. 1 to Contract — South Bend Heritage Foundation Ms. Meyer stated this amendment is for expanding the rehabbing contract to include vacant and abandoned homes in the near west side neighborhoods. Ms. Meyer noted that all of her federal contracts have the non -collusion language in them and questioned if she needs to have them sign the City's form also. Ms. Fanello stated it was not necessary if the language was already in the contract. - Award Bid — Demolition of Demolition of 118, More or Less, Vacant and Abandoned Homes, Division D Mr. Corbitt Kerr, Engineering, stated Divisions A through E were previously awarded minus Division D. He explained this one was held off for budget reasons and they are now ready to award. Mr. Horvath noted there was language in the specifications allowing the City to award within sixty (60) days.