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