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PUBLIC AGENDA SESSION MARCH 3 2016 74 The Agenda Review Session of the Board of Public Works was convened at 10:38 a.m. on March 3, 2016: by Board President Gary A. Gilot, with Board Members Elizabeth Maradik and Therese Dorau present. Also present was Attorney Michael Schmidt. James Mueller and David Relos were absent. The meeting was held in the 13' Floor Boardroom, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Board of Public Works Acting Clerk, Lee Bene, presented the Board with a proposed agenda of items presented by the public and by City Staff. Type Business Description Amount/ Motion/ Authorization I Sandra J. Purchase Right -of -Way fur Parcel 6 Funding $72.500.00 Second Maradik/ of Just Case; SJC (Total Acquisition); Chippewa (SSDA TIF) Dorau Compensation Treasurer; Avenue at Michigan and Main Policemen's Streets Federal Credit Union Authorization SB Purchase Temporary Right -of -Way; $72,500.00 Maradik/ of Just Entertainment, Michigan Street and Main Street (SSDA TIF) Dorau Compensation LP from 500 ft. south to 400 ft. north of Chippewa Avenue and Chippewa Avenue from 500 ft. west of Main St to 500 Ft east of Michigan St (Eproxiiiiately 1,350 sq. ft.) Privilege of the Floor: Mr. Peter Elzinga, Grand River Construction, Inc., requested privilege of the floor to discuss the City's rejection of the Waste Water "freatment Plant's digester 2 Cover Welding claim and the subject of potential liquidated damages. Mr. Elzinga would like the Board to reconsider the denial due to it being based on faulty workmanship. He maintains that Grand River followed construction and testing procedures according to the contracted specifications as they are required therefore they are not responsible for the outcome. He further maintains that every joint was tested and passed or fixed and retested until passed. Dan Mason, Mason Engineering, spoke to the defective testing methods being identified while the work was being completed, relaying that false positive were common and petitioned to follow a top welding method which was denied. Mr. Elzinga stated the correction was extremely significant and challenging. Ultimately Mason Engineering figured it out and completed other covers with top and bottom side welds where bottom side welds specified or top side only if not specified. Mr. Mason and Mr. Elzinga maintain the fault lie with the specifications not their performance. Trent Montemayor; P.E., Greeley & Hansen, said the specifications are clear that welds are to be leak -tight. Further, the front end documents specify the contractor is responsible to repair, at no cost, regardless of owner approval, for a one year warranty period. Mr. Elzinga maintains all work was completed and the digester is operational. Grand River maintains the work of locating the leaks and following corrective actions and repairs were beyond the scope of the original agreement. He feels that Grand River would prevail if this issue were to be pursued through litigation. He proposes that should the City drop the liquidated damages claim, Grand River would not pursue compensation for the repair costs as a resolution. Michael Schmidt requested confirmation of Mr. Elzinga's authority to act on behalf of the company. Mr. Elzinga confirmed he was a vice president with such authority and further, Mr. David Coates, Chief Financial Officer, was also present. Board members discussed the following item(s) from the agenda. Clarification on exemption of use of steel products made in United States if cost savings of more than 15%, contractor may use foreign -made steel products without being in violation of contractual obligations. - - Opening of Bids Mr. Jacob Klosinski, Enviromnental Services, stated his intent to recommend an award of the 2016 Trucking of Belt -Pressed Biosolids for Land Application contract during the March 22