HomeMy WebLinkAbout01/08/2015 Agenda ReviewAGENDA REVIEW SESSION JANUARY 8 2015
The Agenda Review Session of the Board of Public Works was convened at 10:32 a.m. on
January 8, 2015, by Board President Gary A. Gilot, with Board Members David Relos, Patrick
Henthorn, and Brian Pawlowski present. Board Member Kathryn Roos was absent. AIso present
was Attorney Michael Schmidt and Attorney Catherine Fanello, Krieg DeVault. Board of Public
Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented
by the public and by City Staff.
Board members discussed the following item(s) from the agenda.
- Professional Services Agreement — Blue & Co., Inc.
Assistant Fire Chief Todd Skwarcan stated this agreement is for the reimbursement of municipal
owned ambulance costs through Medicaid, and is the same agreement the Fire Department enters
into every year. He noted the only difference is they are getting reduced pricing for entering into
a three (3) year agreement. Chief Skwarcan noted the Legal Department added an escape clause
in case it is needed.
- Professional Services Agreement - Gibson Insurance Agency, Inc.
Ms. Penny Price, Administration and Finance, stated this agreement is for Gibson Insurance to
provide policies and handle claims and issues for the City. She noted it is an annual contract.
Attorney Michael Schmidt stated they need to provide e-verify and non -collusion forms. He
added that going forward, all contracts have to have a signed non -collusion form before going on
the agenda. He explained if it is not provided up front, it is easy to forget about it. Mr. Schmidt
noted Indiana Statute requires the form for every contract. Attorney Catherine Fanello stated also
the Board is no longer approving items subject to legal review, so the forms need to lotbe prior to
submittal for the agenda. Mr. Eric Horvath, Public Works Director, questioned if it is needed for
every contract or one-time each year for each vendor. Mr. Gilot stated it is required of all
contracts, each contract is subject to different subcontractors, and different work.
- Quote Award — 2015-2017 Water Works HVAC Systems
Mr. John Wiltrout, Water Works, stated he requested and accepted quotes in his office for this
maintenance contract, and he is recommending the award to the lowest responsive and
responsible vendor, Johnson Controls. Mr. Relos asked if there was a not to exceed amount for
the overtime and holiday charges, or if they were confident that would not push them over the
budget. Mr. Wiltrout stated they have never used overtime or holiday service much in the past
and they weren't concerned about it becoming an issue.
- Change Order and Project Completion Affidavit - Pinhook Water Treatment Plant
Efficiency Improvements
Mr. John Wiltrout, Water Works, stated they have paid the prime contractor, L.D. Docsa, except
for all of the retainage. He noted the contractor isn't paying their subs because they are holding
back for any additional liquidated damages to be charged to them, so they can recover some of
the charges from their subcontractors. Mr. Wiltrout noted also that L.D. Docsa is saying the City
is holding back 10% retainage, but it was originally only 5%, and has now been reduced to 2.7%.
Mr. Gilot stated that is not following the language of the contract, adding they are required to
pay their subs before issuing a close-out. Mr. Gilot suggested it would be premature to act on this
until the issues are worked out. Ms. FaneIlo stated they placed this on the agenda for guidance
from the Board on how they want to handle this. Mr. Horvath stated he has no problem with
doing the final change order, but he is not ready to do the close-out. He added the City should
hold on to the retainage until the issues are resolved.
- Professional Services Agreement — CBClnnovis, Inc.
Ms. Pam Meyer, Community Investment, stated she does not have the e-verify form back and
Legal requested the governing law be changed from Ohio to Indiana. She stated she may need to
delay this contract.
- Amendment No. 1 to Contract — South Bend Heritage Foundation
Ms. Meyer stated this amendment is for expanding the rehabbing contract to include vacant and
abandoned homes in the near west side neighborhoods. Ms. Meyer noted that all of her federal
contracts have the non -collusion language in them and questioned if she needs to have them sign
the City's form also. Ms. Fanello stated it was not necessary if the language was already in the
contract.
- Award Bid — Demolition of Demolition of 118, More or Less, Vacant and Abandoned
Homes, Division D
Mr. Corbitt Kerr, Engineering, stated Divisions A through E were previously awarded minus
Division D. He explained this one was held off for budget reasons and they are now ready to
award. Mr. Horvath noted there was language in the specifications allowing the City to award
within sixty (60) days.
AGENDA REVIEW SESSION JANUARY 8, 2015
- Change Orders and Project Completions Affidavits — Vacant and Abandoned Property
Demolitions, 1,000 Homes in 1,000 Days
Mr. Corbitt Kerr, Engineering, stated both of these decreases in the contracts are due to the
removal of some properties.
- Open Market Purchase Agreement — Hyundai Translead and ICM, Inc,
Mr. Mike Carey, Engineering, stated there were no bids received on the Tractor Trailer Purchase
for Lippert Components, and only one bid that was over budget on the Noble America's Corn
Oil Separation Process, so the City has now gone to the open market for the purchases. Mr.
Gilot asked if he requested several quotes. Mr. Carey stated he did. Ms. Fanello asked if he kept
a spreadsheet with the records of the companies he requested quotes from. Mr. Carey stated he
did. He noted the rebid was done without installation included on ICM's bid that was originally
over budget on the corn oil separation process. Mr. Horvath questioned if Nobles America's had
agree to pay the installation. Mr. Carey stated yes, they signed an affidavit stating they will use
Indiana's common construction prevailing wage rates on the project.
- Discussion Regarding Receipt of Proposals — Sewer Insurance Registry
Mr. Paul South, Street Department, stated he received a Sewer insurance registry proposal
delivered to his office when he was out sick. He noted the proposal was received before the
deadline of December 23, 2014, and had he been at work, he would have brought it to the Clerk
of the Board prior to the opening of the proposals, but he didn't return to work until December
261h. He noted the proposal was responsive to the request for proposals in every other way except
for the location to submit the proposal, which according to the Notice was the Office of the
Board of Works, by 9:30 a.m. on December 23, 2014. Mr. Horvath stated this brings up other
issues. He stated the existing list has two (2) contractor names on it. Can they continue on the Iist
if they don't reapply annually? Mr. South informed the Board that the ordinance is silent on this.
Mr. Horvath stated he would like to allow them to stay on the list if they are doing good work,
and not require them to re -apply every year. He noted there are allowances in the ordinance to
remove contractor names if they aren't performing up to standards, and he would like to keep
good businesses on the list and continue to go out for additional names every couple of months.
Mr. Horvath stated right now there are two (2) rotating companies and he would like to open it
back up in a couple of months. Mr. Horvath stated this company is currently on the list. He asked
if the Board needs to take any action. He suggested the Sewer Department come to the Board
every year and present the registry to the Board to accept or modify based on performance. The
Board agreed this item should be changed to a request for the Board to certify the current
registry.
The Clerk was instructed to post the agenda and notify the media and other persons who have
requested notice of the meeting agenda. No other business came before the Board. The meeting
adjourned at 11:18 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gi ot, President
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David P. Relos, Member
thryn E. Roos, Member
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Patrick M. Henthorn, Member
Brian J. Pawlowski, Member
ATTEST:
inda M. Martin, Clerk