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AGENDA REVIEW SESSION <br />FEBRUARY 14, 2015 38 <br />an 18% increase; does the contractor know they can't go beyond 20 %. Mr. Kerr stated they are <br />aware of that. <br />- Change Order — Southwood Sewer Separation <br />Mr. Toy Villa, Engineering, stated this deduction was for miscellaneous items not needed. Mr. <br />Horvath noted there was a decrease even though sidewalks were added to the project. <br />- Change Order — Removal of Lead Based Paint at Ivy Tower <br />Mr. Corbitt Kerr, Engineering, stated the original specs for this bid included floors I through 4. <br />The request now is to add floors 5 and 6, but that would take the contract over the 20% <br />maximum threshold for Change Orders. He noted that one of the issues is water is used in the <br />process and it flows downhill, causing re- contamination of the lower floors. Ms. Roos asked <br />what was our original amount and what did our original contract say. Mr. Brock Zeeb, <br />Community Investment, stated the EIA agreement does not have a maximum budget, but the <br />development agreement does. Mr. Zeeb added the removal of the lead based paint contamination <br />was an environmental order and the City agreed it would try not to disrupt the business as much <br />as possible so as to allow moving business around during the process. He noted it was a mutual <br />agreement with the owners of Ivy Tower. He stated that once the contractor got in there and <br />started the process, they found it was not possible for the water flow to not contaminate the lower <br />floors. Mr. Zeeb noted the building is so old and full of holes that it is difficult to tell if it's from <br />the holes in the building letting in water from the outside, but when you are clearing lead, you <br />can't take a chance that it's not the lead based water. Mr. Zeeb explained it was both the City's <br />and the owner's faults that it was bid this way. Mr. Gilot questioned terming this a change order, <br />and asked if the other floors were an alternate to the base bid. Mr. Zeeb stated floors 5 and 6 <br />were not listed and the specifications don't give us the right to add them. He explained that Legal <br />had reviewed the specs for any language that included these other floors. He stated they are now <br />asking for approval of a change order to do some of the work and they will have to rebid the rest. <br />Mr. Kerr informed the Board that when this is rebid, whoever wins this will be responsible for <br />any re- contamination on the lower floors. <br />- Professional Services Agreement — Lawson - Fisher Associates, PC <br />Mr. Corbitt Kerr stated this Olive Street pavement replacement design is an 80120 reimbursement <br />match agreement with INDOT. He noted one of the subcontractor's, VS, working on this is a <br />Minority Business Enterprise. He added the City is in the process of coordinating with the <br />Railroad to combine the two sections of the road work. <br />- Professional Services Agreement — American Structurepoint, Inc. <br />Mr. Corbitt Kerr, Engineering, stated they are still in negotiation on this two -way conversion of <br />Michigan/St. Joseph St. and Main St. from Chippewa St. to LaSalle St., and hope to finalize it by <br />Tuesday. He noted the MBE business, VS, is also going to be a subcontractor on this design job. <br />- Resolution No. 08 -2015 — Ratifying a Guaranteed Energy Savings Contract for Century <br />Center <br />Ms. Therese Dorau, Office of Sustainability, stated the last time this project was before the <br />Board it was for a project development agreement. She noted they are now ready to sign the <br />contract, after having gone back and forth with Century Center and the contractor to finalize <br />everything. She added everything is now agreed upon and finalized and the next step is to get <br />different financing pieces in place and go back to the council to get approval of bond financing. <br />She stated they got a very good interest rate by applying for a special bond for 15 years. Mr. <br />Gilot asked if there was any part that doesn't contribute to the payback. Ms. Dorau stated yes, the <br />roof, it's a big expensive part of the project. Attorney Michael Schmidt said that for today they <br />just want the board to state they are ratifying the terms of the contract for the purpose of the bond <br />council to formalize the agreement. Ms. Dorau noted the hotel //motel tax board is making a <br />pledge to pay this, it is coming out of Century Center capital and hotel /motel tax. She stated that <br />they have finalized the terms and calculations, and now want the resolution approved to take to <br />the Council. Ms. Roos stated that what Mr. Gilot is questioning is the savings is supposed to <br />cover the cost of what you are doing in the energy savings contract. Mr. Gilot questioned if the <br />energy savings is going to be measured each year. Ms. Dorau stated they are not going to <br />measure it each year, they are using a calculation basis to determine the savings. <br />- Permits - Processions <br />Ms, Roos made note of the restrictions requested by the Police and Traffic and Lighting on the <br />Via Crucis procession for no horses; the Bike the Bend for no closed route; and the River Park <br />Parade for no throwing of candy or other items. She stated these applicants must follow these <br />restrictions to receive approval in the future for their events. She noted the Police stated last year <br />the applicants were told this, and didn't conform to the regulations. The Police were concerned <br />about an out of control horse and the clean -up after the event. Ms. Roos noted the route for the <br />Bike the Bend uses residential neighborhoods and main thoroughfares. She explained if the route <br />