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HomeMy WebLinkAboutBPW-07-01-91BOARD OF PUBLIC WORKS AND SAFETY MEETING MINUTES JULY 1, 1991 ONE CIVIC SQUARE/COUNCIL CHAMBERS The meeting of the Carmel Board of Public Works and Safety was called to order by Mayor Dorothy J. Hancock. Members David Taylor and Billy Walker were present. Also in attendance were City Attorney Steve Andrews and Clerk- Treasurer Susan W. Jones. HINUTE$/June 17. 1991: David Taylor offered corrections to the minutes on the last page in the last paragraph by inserting the last name of employee Dawn Pattyn and to include the word "the" on the fifth line of type on the same page. With those corrections Billy Walker moved to approve the minutes. The motion was seconded by Taylor. Walker and Taylor voted aye. Hancock did not vote since she was not in attendance at that meeting. Hotion carried. CLAIMS: Walker made a motion to approve claims dated June 18, 1991, pages 1-13 in the amount of $203,055.20. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Walker made a motion to approve claims dated June 25, 1991, pages 1-2 in the amount of $325,865.25. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. Walker made a motion to approve claims dated June 26, 1991, page 1 in the amount of $75.00. The motion was seconded by Hancock. Ail members voted aye. Motion carried. Walker made a motion to approve claims dated June 27, 1991, page 1 in the amount of $11,000,000.00. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. CERTIFICATE OF SUBSTANTIAL COMPLETION/WASTEWATER TREATMENT PLANT/DON SILVEY: Silvey stated the certificates were for the aeration tanks numbers 8,9 and 10, chlorine contact tank and secondary clarifier. Silvey stated the reason he had not gone ahead and accepted these previously is that when he went through and looked at them initially everything appeared to be fine. When they were put into service he found some problems. Silvey stated the contractor has gone back and taken care of those problems and accordingly asked the Board to accept these items and that the mayor be authorized to sign the certificate of .substantial completion papers. Silvey said with the time delay he was unable to bring the final certificate because he needed to match the current date with contractors signatures but the items are acceptable and have been completed. Walker so moved based on Silvey's recommendation. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. NLATERNITY LEAVE POLICY/STEVE ANDREWS/RESOLUTION 7-1-91-1: Andrews explained the reason for this policy. Andrews said basically the employee gives notice to her department head of her intention to take leave and at that time designates whether she wishes to apply her vacation and sick pay before or after her leave is completed. Walker wanted the resolution to state that the employee should give notice in writing so there can be no question later on. Andrews then added that to the resolution in the first paragraph. Walker so moved. Taylor seconded the motion. Ail members voted aye. Taylor moved to adopt Resolution 7-1-91-1 as amended. Walker seconded the motion. Ail members voted aye. Hotion carried. SIGNATURES/PROJECT ~886/116TH AND GRAY ROAD/BUTLER.FAIRNLRiN AND SEUFERT: Tom Welch presented the cover sheet for the ll6th and Gray Road intersection project ~886 and asked for signatures of the Board. Walker moved to sign for the project ~886, ll6th Street and Gray Road intersection. Taylor seconded the motion. Ail members voted aye. Hotion carried. SUPPLEMENTAL AGREEMENT/ENGINEERING/TRAFFIC SIGNAL/PJkNGE LINE ROAD AND MEDICAL DRIVE/ A&F ENGINEERING: Mr. William Fehribach, A & F explained the need for an amendment to the original agreement. He stated the reason for the amendment is that the maximum has been reached on the original agreement and with the additional work that was required for the changes at Range Line Road and ll6th Street and Range Line Road and Carmel Drive will exceed the maximum. The amendment increases the maximum contract amount by a total of $5,299.00. However, this is still an hourly rate agreement and will the engineers will only be reimbursed for the time and materials spent on the project. However, this amount will not be reimbursed by the State and Federal government. Fehribach stated there was not sufficient time to get the change approved and the maximum reimbursement from the State and the Federal governments has already been reached on this project. In addition, Fehribach stated the State holds one and one-half percent of the 15% to cover the expenses incurred by the State on a local project. The total cost for the project is $97,825.00 with the city's share being slightly more than 6.2%. Andrews said he had reviewed the contract and it was in order. Hancock stated she had talked with the State Board of Accounts and they had said that the additional money could be paid from that line item regardless of the appropriation amount since the refund from the State would be going back into that line item. Taylor moved to approve the agreement which would raise the contract to, and not to exceed $16,250.00 with the city's share to be approximately $6,085.00. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. HNTB/ADMINISTRATIVE SERVICE CONTRACT: Andrews explained that the firm of HNTB has been working with the city in both Phase I and Phase II of Civic Square. Andrews stated their contracted has ended and in fact ended back in February. Andrews said they have provided additional services that they have not been compensated for and are continuing to provide services for follow-up items on Phase II and even some problems that have been brought out under Phase I. Andrews felt it was not proper for them to continue to work without some kind of an agreement with the city. The mayor stated this would be for consulting. Andrews stated that it was his intention for them to paid from the consulting line item in the BPW budget. Taylor stated the contract does not call for a specific amount on an hourly basis or a maximum in the amount that can be paid. The mayor stated it would have to be watched to make sure money was there. The mayor stated the city did not do the financial statement so there is money in that line item. The mayor said the city ran into a time crunch and couldn't get it completed and she canceled the contract. Andrews said they have been conducting services to the City since February 15, 1991 and have not been paid. The total amount due right now is $3,300.00 Walker asked if HNTB has a contract right now to do Phase I and Phase II. Walker asked if the city had accepted Phase I and Phase II as having been completed. Andrews stated the contract has expired and the city accepted Phase I and Phase II a very long time ago. Walker asked if there were any contingencies written in like if there was any kind of fraud discovered during a certain time period. Andrews stated no but there were warranties. Andrews said there was a 60 day carry-over from the date of substantial completion that HNTB was working with the City but after that they have continued to do work. Andrews cited problems with the heating and air conditioning system in Phase II and problems with the roof on the Fire Station in Phase I. Andrews said they have used HNTB to decide what is wrong, whose fault is it, who is going to pay for it and things such as this. Andrews said he wasn't an expert on these items and needs to talk with somebody about it. He stated so does Bonnie Callahan and Terri Carter or whoever is administering the problems. Walker agreed 100% that HNTB would be the natural people to do this kind of work but really has a problem with something that is so new having to pay consulting fees to get things fixed. Walker asked if HNTB had someone on the job at all times. Andrews and the mayor stated not on Phase I but they did have someone on the job during Phase II. Walker wanted to see a bill on what services were provided and how they relate. Andrews suggested this item be tabled until that could be done. James Kienle, AIA, Associate with HNTB spoke to the Board and said he could give Walker a breakdown. ~e said the bill was approximately $3,300 but did not include June. Walker asked if those problems listed have been alleviated. Kienle said there continues to be some things and directed the Board to article 1 of the contract with listed continued problems. The Board stated they did not have a copy. Kienle said a lot of the problems were follow-up on warranty items. Kienle said this was not their work they were checking into but the work of the contractors involved. Andrews said part of the $3,300 was from people and/or employees of the City calling HNTB before calling anybody else. Andrews cited problems with the air conditioning. He said an employee would call Johnson Controls and Johnson would say it wasn't there problem and then the employee would call HNTB and get them involved. Andrews said this happened a lot this spring with the air conditioning and last winter with the heat. Taylor said he didn't understand. If the city is having a problem with the air conditioning and heating, why was someone calling the architect and not calling the person who installed it. The mayor stated that is why the city needed HNTB because Johnson Control says it is not their problem and Ripberger said it isn't their problem either so the City needs a mediator to determine whose problem is it. Walker said the thing that really bothers him is that if you pay "x" number of dollars for a service for a building to be built, it should be correct. Walker said he had a problem with paying "x" more dollars to see that someone oversees what should have been overseen before. Walker said that was his bottom line. Kienle said he understood but he ~asn't responsible for the contractor's work that we are talking about. Kienle said for example the first item on the list is to re-inspect the project and updating the punch list for the building corporation meetings. Kienle said the contractor didn't have the entire list finished. Kienle said it wasn't HNTB's fault that the contractor isn't finished but it necessitates their involvement to see the work is completed. Walker asked Kienle whose fault was that. Kienle responded it was the contractor's fault. Walker suggested the contractor should pay HNTB. Kienle said HNTB doesn't have a contract with the contractor. Walker said if the contractor has not met their obligation then they should be billed. Andrews said the building corporation is retaining $30,000 on the project and about $14,000 has been allocated to HNTB, above and beyond the contract, for just this type of thing. Walker asked if the $3,300 would be applied to this $14,000. Andrews said he wasn't sure why this $3,300 couldn't be applied to this but wanted to double check the terms of paying from the retainer. Taylor asked why this agreement wouldn't be between HNTB and the building corporation and not the city. Andrews stated it was because the building corporation is trying to wind-up as it relates to Phase II and wants to close it this month. Walker made a motion to table this item until July 15 in order to get a better understanding of what is going on. Andrews asked Walker what it is exactly that he is wants in the way of information. Walker stated he wanted a breakdown on contingencies as what exactly has been paid out of them and what the problem has been and how it is being resolved. Walker said he didn't think the city should have to pay without knowing why. Walker wanted to know about the $3,300. Andrews stated the city hasn't paid anything to date. Walker wanted to know why the city was paying anything at all. The mayor and Andrews said it was ~ecause the city was generating the calls and complaints. Andrews said some of the problems have been because employees have screwed around with the heating control system. Walker said if that has been verified then that is a horse of a different color. Andrews said that is the type of problem they are finding causing the additional expense. Kienle asked what HNTB should do in the meantime since they have been providing a service and have not been paid. Andrews and the mayor both stated not to take the calls and not provide the service. Taylor seconded the motion to table this item until July 15. Ail members voted aye. Hotion carried. REEDER ROOFING/MASTER FIRE STATION; Andrews stated there has been a problem with the slate roof on the master fire station. That problem is that the slate does not stay where it is supposed to stay and has a tendency to slide down and as a result H.G. Roofing and Consulting, Inc. was contacted and they inspected the roof. They found a majority of the problems were with Reeder Roofing, the original contractor and part of it wasn't. Andrews stated there was a letter submitted by Reeder (see attached) on what repairs will be done. Andrews said that the storm last year did some damage the company that did the repair work also ~aused some problems but Reeder would be re-doing that work. Reeder did not want to repair the valleys at this time and Andrews was requesting Reeder put something in writing that if the valleys either leaked or needed to be repaired because of them failing to repair them at this time, they would come back and do it. Andrews said Reeder has agreed to that. Andrews wanted to Board to instruct him to write to Reeder and request the work be done and to get a letter on them having to come back at some later point to repair the valleys. Andrews also stated that when those roofs were designed there is no guard or block over the entryway, in the event a piece of shale should come loose and slide down and with the condition it is in right now, that could be very dangerous. Andrews said HNTB did a design at the city's request to put a guard over the doors in the entryway so that if some of the roofing should come down the pieces would be diverted. Andrews said those were never contemplated as part of the original project and would be something that needs to be added in the approximate amount of S4,000. Andrews stated that would only be for the Fire Station and there are no such guards on City Hall or the Police Station. Andrews was not looking for that authorization at this time but needed authorization to repair the roof. Andrews said it would make sense to have them installed when they are up on the roof doing the actual repair. Andrews said this would be at no cost to the city except for the guards. Walker wanted to know if that would be a point for litigation if the roof was improperly installed to safeguard citizens and/or employees. Andrews said he didn't know but if someone were hurt he assumed law suits would be filed and that would be the city's defense. Walker suggested Andrews write a letter about the valleys and that they proceed with the work and get the roof repaired. Walker also asked Andrews to try and get guards installed at a reasonable prlce Andrews said a quote has been received and the cost is somewhere between S3.000 and $4,000. Walker asked if "they" were willing to pay half. Andrews said that hasn't been discussed but he doubted it. The mayor so moved. Walker seconded the motion. Ail members voted aye. Hotion carried. MUTUAL AID/DUAL RESPONSE WRITTEN AGREEMENTS/CHIEF COUTS: Chief Couts asked for the Board to approve contracts with Washington Township Fire Department (Harion County) and Pike Township Fire Department (Harion County) for mutual aid and dual response. The chief explained this was already being done but felt a contract was in order. Andrews had reviewed and approved the contracts. Walker so moved. The motion was seconded by Taylor. Ail members voted aye. Hotion carried. RESOLUTION TO ESTABLISH TRANSFER OR DEMOLITION OF SURPLUS ITEMS/DON ALLEN/CARMEL POLICE DEPARTMENT: Assistant Chief Allen requested, through the form of a resolution (7-i-91-2) that the Board allow the service revolvers of two retiring police officers be declared surplus in order to present to them upon their retirement. Allen also wanted the same procedure done for the old badges in order to mount them on plaques for the officers. Taylor moved to adopt Resolution 7-1-91-2. The motion was seconded by Hancock. Ail members voted aye. Hotion carried. Walker voted with "reservation" because he wanted the revolvers rendered inoperable before they were presented. ADDITIONS TO AGENDA: The mayor stated there were three items to add to the agenda. 1. Fire and Zoning Contracts with Clay Township 2. Resolution for Bond Release 3. Rahebi/Hot Dog Stands/Additional Locations FIRE AND ZONING CONTRACTS/CLAY TOWNSHIP/1991: The mayor stated the contracts sent out were in error and corrected copies were distributed. The mayor stated the contracts were basically the same as have been done in previous years. The mayor summarized by stating that in the event the township pays in their portion through installments throughout the year and if at the end of the year the city has not spent the entire 100% of the budget then their 38% is credited back on their first payment the next time. The mayor stated the zoning agreement has changed slightly. The mayor said the Department of Community Development, Plan Commission and BZA are self-sufficient because of the fees they generate. Due to that the township has not paid the city anything. This new contract gives them their 38% back if there is anything left over. Walker asked about additional appropriations and if the township participates in those expenditures. Christine Altman, attorney for the township stated in the past that the township has participated in those appropriations but probably there needs to be an amendment to the contract which would call for a certain amount of days notice and that the appropriation must be mutually agreed upon. Altman pointed out on the fire contract that due to the budget process that the contracts are never adopted until work together. Altman and Andrews said they would work together and get this taken care of and would return within 30 days with an amendment. Walker moved to approve the fire protection contract and make an amendment to clarify section 8 on page 3. Taylor seconded the motion. All members voted aye. Motion carried. Altman said the zoning contract does acknowledge the joinder agreement concerning parks. Altman said the Parks Board adds two more appointments to the Plan Commission and the contract spells out who is going to appoint who. Altman said this contract may have to be amended if the Park Department is no longer with the city. Taylor moved to approve the zoning contract. Walker seconded the motion. All members voted aye. The mayor stated there were contracts. Altman said she signed. no signatures of the trustee on the would take them back and get them RESOLUTION/BOND RELEASE/7-1-91-3/SAFCO DEVELOPMENT/EXTERIOR STREET IMPROVEMENTS: Walker moved to approve the bond release for Safco Development,-exterior streets in the amount of $42,880. The~motion was seconded by Taylor. All members voted aye. Motion carried. HOT DOd STAND/NEW LOCATIONS: Walker moved to table this item on the agenda because Mr. Rahebi was not present. The motion was seconded by Taylor. Ail members voted aye. Motion carried. There being no further business before the Board the meeting was duly adjourned. Respectfully submitted, ATTEST: