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AGENDA REVIEW SESSION JULY 9, 2015 224 contractor not on the registry in emergency situations. And finally, they are requesting the Board of Works be authorized to suspend a contractor in the case of an on -going investigation. Attorney Michael Schmidt noted the power to suspend is only during an active investigation, and it would still allow the vendor to get back on the registry. Mr. Gilot stated these are reasonable changes being requested. Therefore, upon a motion by Mr. Relos, seconded by Ms. Maradik and carried, the Revised City Sewer Insurance Policy was approved. APPROVAL OF PERMIT APPLICATION The following permit application was presented for approval• Applicant Description Date /Time Location Motion Carried South Bend Procession: July 11, 2015; 6:00 a.m. On Route as Maradik/Relos Park Kids' Triathlon to 11:00 p.m. Submitted Department Board members discussed the following item(s) from the agenda. Professional Services Agreement — Workforce Development Ms. Sarah Heintzelman, Community Investment, stated this agreement sets out changes to some of the requirements of the manufacturing training program (SMART) with Workforce Development. She noted the program is working well, this just gives the manufacturer more of an active role in working on the training. Change Orders — Primary Clarifier and Equipment Upgrades Mr. Jacob Klosinski, Environmental Services, stated he is asking that the Board revisit these Change Orders, and approve the ninety -eight (98) day increase for L.D. Dosca due to the weather. He noted there will be some penalties in the form of liquidated damages down the road for delays, but this is just weather related. He added the only change that has been made since he last submitted this is the addition of days included for additional months. He stated they removed fourteen (14) days from the original request for snow, but added back rain days in the same amount. Mr. Gilot stated it is important to include some language if approving these delays, for not setting precedent. He noted they planned poorly for foul weather, and the City didn't want to give them days for that. He added there is data available to show weather patterns for the winters in the area, they could have used that in their project planning. He stated the City needs to make sure they don't continue to do this. Mr. Klosinski explained that Change Order No. 4 is for failure of a beam and hydrogritter crack repairs, and other equipment issues which added seventeen (17) days to the project. Mr. Relos stated so it is basically unforeseen work. Mr. Klosinski stated it is. Mr. Klosinski stated Change Order No. 5 is also for weather days for October, 2014 to February, 2015. He noted the contractor basically lost all of January due to the weather and it affected the critical path for work on the tanks. Mr. Klosinski stated if the equipment had arrived on time, he thought this would have finished on time, noting that added fifteen (15) to sixteen (16) weeks to the delay. Mr. Gilot stated all future specifications should cover work in the winter months to prevent this from happening again. Attorney Michael Schmidt asked if there were any fees the City incurred due to the late delivery of the equipment. Mr. Klosinski stated there weren't any; they were able to operate as normal with the other tanks running. Mr. Gilot noted Mr. Klosinski's charges for engineering services should be incorporated in the delays. Mr. Schmidt agreed. Mr. Klosinski noted he allowed them to take tank 8 down in January knowing there would be a chance they wouldn't be able to complete the repairs. He stated therefore, that some of the delay was his fault. Mr. Gilot stated Mr. Klosinski heard from the Mayor's office at previous Board meetings on the policy decision to take a harder line on change orders. He stated the City doesn't want to set a precedent. - Professional Services Agreement — DLZ Indiana, LLC Mr, Roger Nawrot, Engineering, stated this agreement for the City Cemetery should be removed from the agenda. He noted the Redevelopment Commission has not approved it yet. - Request to Advertise — Century Center Masonry Repairs Mr. Gilot asked if Engineering had any consultation with the architect, Phillip Johnson, on the alterations. He noted the Century Center is a distinguished design, and it would be good to talk to him first. - Alley Vacation — South of Western Ave. Mr. Corbitt Kerr, Engineering, stated the City will need access for trash trucks through an easement. Mr. Gilot stated the petitioner needs to agree to give the city access and engineering should draw it out in detail. He stated the Board will approve the vacation subject to access for