Loading...
HomeMy WebLinkAbout03232017 Agenda Review SessionAGENDA REVIEW SESSION MARCH 23, 2017 74 The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on March 23, 2017, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik and Therese Dorau present. Board Members Suzanna Fritzberg and James Mueller were absent. Also present was Attorney Michael Schmidt. The meeting was held in the 13th Floor Boardroom, County -City Building, 227 W. Jefferson Blvd., South Bend, Indiana. Board of Public Works Clerk, Linda Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. CLAIMS — WATER AND SEWER OVER -CHARGES APPEAL — ROGER VALDISERRI Mr. Gilot stated the Board heard the details of this water and sewer overcharge for Mr. Roger Valdiserri, 18441 Cypress Drive, South Bend, Indiana, at their last meeting. He noted it was clearly an error. Attorney Schmidt summarized the details stating this was brought before the Board at their last meeting and tabled to look at the Rules and Regulations which were amended at the Board's meeting of March 14, 2017. Attorney Schmidt stated it is his recommendation that the Water Works recommendation to the Board be approved for the payment of years 2009 through 2015 overcharges in the amount of $3,170.78, including $120 in plumbing expense because Water Works demanded they get a plumber. Mr. Schmidt informed the Board that under Indiana law, damages are designed to compensate the injured party and return them to the former state they would have been before the damages accrued. He noted Indiana law is clear that the compensation has to be established by satisfactory evidence. Mr. Schmidt stated Water Works provided detailed comparisons from 2009 to 2015 of what was billed and what should have been billed, so this is the actual amount he recommends the Board award. Mr. Schmidt noted this does not include interest they requested because that would not be definable as Indiana law requires. Mr. Gilot asked if this comes with a release of claims. Attorney Schmidt stated, no, but if they accept this, that will be offered. He noted that they aren't required to accept this offer, but if they don't, legally they would probably only be allowed two (2) years compensation. Therefore, upon a motion by Ms. Maradik, seconded by Ms. Dorau and carried, the Board approved Water Works to compensate the Valdiserri's in the amount of $3,170.78 for overcharges from 2009 to 2015 and including $120 in plumber's bills. Board members discussed the following item(s) from the agenda. - Proposal — public-finance.com Mr. John Murphy, City Controller, stated this proposal is for 2017 vehicle and equipment leases. He explained the process is to compile a list of all the vehicles and equipment and send out to multiple companies for financing rates. He noted this one was sent to eleven (11) companies and publicfinance.com provided the best rate 2.073%. Mr. Murphy stated all of the companies submitting proposals are reputable companies and he tries to get local participation, but it comes down to cost. - Professional Services Agreement — Creative Financial Staffing Mr. Murphy stated the Fire department has had a temporary Financial Director for the last couple of years, and they are now hiring him full-time. He stated this is a placement fee to the staffing agency that is part of the contract. - Purchase Agreements and Uniform Acquisition Offers Mr. Dave Relos, Community Investment, stated these are the purchase agreements for property for the new Fire Station No. 9. Fire Chief Steve Cox stated this has been a long process going on for twenty (20) years. He stated the City held multiple public meetings and met with the neighborhood. He stated they felt this end result was the best decision to address the needs of the public, Fire Department, and green spaces. Chief Cox thanked Mr. Relos for all his work to get these done, noting it was not an easy process and took a lot of negotiating. Attorney Schmidt explained the process consisted of condemnation letters, an opportunity to accept the City's offer or make a counter-offer. He stated the City is now accepting the counter-offers. Mr. Schmidt noted the work Mr. Relos did avoided the need for an outside agency to negotiate and helped get the residents relocated. Mr. Relos stated there is one other part needed to complete this process; someone needs authorization to sign the closing documents. He requested that be him and questioned if that should be done through a resolution or if it can be part of a motion. Mr. Gilot and Mr. Schmidt agreed that it can be done in the oral motion. Chief Cox stated he wanted to make note, because they have received numerous requests to view the plans, this is just the property authorization, there are no specs or plans, no architect has been hired yet. Ms. Dorau asked if there will be demolitions also. Chief Cox stated there will be. Ms. Dorau questioned how that will impact the Fire Department's budget with the addition of these acquisitions and AGENDA REVIEW SESSION MARCH 23, 2017 75 demolitions. Chief Cox noted they had more money than anticipated come in from the EMS fund so it's not a huge impact. - Software License and Services Agreement — AMCS Group Mr. Dan O'Connor, Information Technologies, stated there are two (2) parts to this route planner system for Solid Waste trucks including another module for the ELEMOS system with license fees and implementation of the new module. Mr. Jitin Kain, Public Works, stated the City looked at local options for a possibility and explored pilots before choosing this module with AMCS Group. - Professional Services Agreement — Black and Veatch Corporation Mr. Kieran Fahey, Engineering, stated they have accumulated a lot of data on the Long Term Control Plan and now Black and Veatch will review all of it and make recommendations based on their findings. - Professional Services Agreement — CWA Consulting Services, LLC Ms. Kim Thompson, Water Works, stated this agreement is a part of the industrial pre-treatment permit requirement to re-evaluate local limits. - Professional Services Agreement — DLZ Indiana, LLC Mr. Jacob Klosinski, Waste Water, stated this agreement is for the rehab of the Farmington Lift Station, not for a replacement. - Resolution No. 12-2017 — Write -Off Uncollectable Accounts Ms. Roxanne Lawson, Water Works, stated this request is for the write off for 2015 and 2016 uncollectable water accounts. She explained due to an oversight, 2015 accounts were never submitted to the Board, they went directly to the controller's office. Mr. Eric Horvath, Public Works Director, explained the process gone through prior to submitting these for write-off. He noted they do a phone call, a red bill, another call, send it through collections, and finally if that fails, they write them off. Mr. Gilot noted it is a very small percentage, less than 1 % of their revenue. - Honorary Sign Mr. Henry Davis, Petitioner, stated this request is for placement of an honorary street sign for Ms. Gail Brodie, past president of the LaSalle Park Neighborhood Association. Mr. Marvin Crayton stated Ms. Brody took care of the LaSalle Park area for fifteen (15) years, and prior to that, his mother did. He noted the Board honored his mother with a walk around the park, and now they would like to honor Ms. Brodie for all her work. Mr. Crayton stated she's referred to as the Mayor of the Lake. Mr. Davis noted they have been working with the neighborhood to make this happen, including the fund raising. Mr. Gilot reviewed the comments and noted they were all favorable subject to payment prior to manufacturing of the signs by the Street Department. Mr. Davis questioned who he should work with on payment. Mr. Horvath stated he would coordinate with the Street Department and have them contact him. He noted if the Board approves it on Tuesday, once you make the payment and the Board approves, you can move ahead. The Board discussed the need to revise the 2009 Resolution requirement that an honorary sign be only for a deceased person. - Award Bids — Newman Center Window & Door Repair Mr. Corbitt Kerr, Community Investment, stated he is requesting the award of Alternates 2 and 3 only and rescinding the Base Bid. He stated there were two (2) bidders, and J. W. Wentz and Sons was the low bidder on each item. - Change Order — Coquillard Primary Safe Routes to School Mr. Kevin Fink, Engineering, explained back in September 2016, the Board approved Change Order Nos. 2 and 3 that equated to an increase of 18.54%. The change orders included line item overruns and underruns of less than $20,000. For INDOT projects, line item overruns/underruns valuing less than $20,000 do not require a formal change order. For this reason the change order submitted to INDOT did not include this $35,586.75. In October Change Order No. 4 was submitted to the Board for an increase of 3.44%. Due to the overrun/underrun amounts omissions with INDOT's change order, the amount was incorrectly reported. What was submitted to the Board showed 14.79%, when the total change represented 21.98% increase. Mr. Fink stated when the final change order was submitted by the architect to close-out the project, the error was discovered. Attorney Schmidt stated the contractor did the work, the work was valid and done with the best intentions, and it is his recommendation the Board make payment. Mr. Fink confirmed all of these safe route projects are eligible for an 80/20 split with the State, but we have to go back and request that. He noted this is an INDOT LPA agreement with the Board. Mr. Horvath stated it is bid by INDOT, the City is a subcontractor and the agreement goes through both the State and the Board. Mr. Fink stated previously we stamped the State's change order but he has changed the form submitted to the Board to prevent these errors. He explained he's AGENDA REVIEW SESSION MARCH 23, 2017 76 1 changed the Board's form, and would request the Board allow an employee to sign for INDOT's change order. - Revision — Handicapped Parking Mr. Kevin Fink, Engineering, stated the City is adding a van accessible handicap parking space in front of the County -City Building so they need to relocate two reserved handicapped spaces on Jefferson Blvd. - Addendum No. 2 to Master Agreement Ms. Kara Boyles, City Engineer, stated this addendum with the St. Joseph County Regional Water and Sewer District is to update the master agreement adding Carriage Hills as a sewer customer to the City. - Discussion — Water and Wastewater Chemicals Bid Attorney Schmidt informed the Board that after the bid opening for water chemicals at the last meeting of the Board, an absolute tie was discovered on one chemical. He stated there was no local preference, and neither company bid on any other chemicals. Attorney Schmidt stated Indiana law is pretty unclear on how to handle these types of situations. He stated some states have gone to coin tosses, and that is a potential resolution. Another option, he suggested is to contact the vendors and ask them to split the bid as evenly as possible. Mr. Schmidt stated the Notice to Bidders includes language that the Board reserves the right to make decisions in the best interest of the City. Mr. Eric Horvath, Director of Public Works, stated if it's a big dollar value, he would recommend the Board reject and rebid the one chemical, but if it's not a huge dollar amount, he would suggest the Board flip a coin. The Board questioned the amount of the bid. Mr. George King, Purchasing, stated the value is slightly over $40,000. Ms. Maradik stated if we reject it, it's now low enough that it's a quote; can it be quoted? Attorney Schmidt stated there are some legal processes to follow. The Board recommended both bidders be contacted and consulted with to see if a coin toss would be preferred or if the bid should be divided or re -bid. No other business came before the Board. Upon a motion by Ms. Dorau, seconded by Ms. Maradik and carried, the meeting adjourned at 11:33 a.m. 0 BOARD OF PUBLIC WO S /�(V, d Gary A. QTi ot, President Elizabeth A. Maradik, Member Therese J. gorau, Memler Jar A. Mueller, Member Suzanna Mritzberg, emb . r ATTEST: 4ida M. Martin, lerk REGULAR MEETING MARCH 28, 2017 The Regular Meeting of the Board of Public Works was convened at 9:32 a.m. on March 28, 2017, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik, and Therese Dorau present. Board Members Suzanna Fritzberg and James Mueller were absent. Also present was Attorney Elliot Anderson. ADDITION TO THE AGENDA Mr. Gilot announced the addition to the agenda of an agreement for ELEMOS software.