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: