Board of Works

BOARD OF PUBLIC WORKS AND SAFETY MINUTES December 8, 2015 Regular Session: The Board of Public Works and Safety met in regular session on Tuesday, December 8, 2015 at 9:00 a.m. in the Common Council Chambers. Members present were: Gary Henriott, Cindy Murray, Dawn Ross, Norm Childress and Ron Shriner. Ed Chosnek, City Attorney, was also present. President Henriott called the meeting to order. The Pledge of Allegiance was given to the flag of our Country. MINUTES Mrs. Murray moved for approval of the minutes from the December 1, 2015 regular meeting. Mrs. Ross seconded. Passed. OLD BUSINESS Contract- Long Center Renovation and Improvements (Commercial Air) Mr. Shriner moved to remove this item from the Table. Mr. Childress seconded. Removed. Dennis Carson, Economic Development Director, presented to the Board and recommended approval of a Contract for the Long Center Renovation and Improvements-Mechanical work with Commercial Air. Mr. Dennis stated that Commercial Air was the low bidder but there have been questions regarding responsiveness and irresponsibleness according to the City of Lafayette ordinances. Alex Gonzalez, Kettlehut Construction, spoke about the due-diligence on Kettlehut’s part. Mr. Gonzalez stated that after the original bids were received, they were instructed by the City of Lafayette to contact other project owners for each bid package that included Commercial Air. Mr. Gonzalez spoke with Tippecanoe School Corporation and Purdue University. Both entities/owners had some project specific concerns but nothing in their opinion rising to a level of being unresponsive or irresponsible. Each entity/owner that Mr. Gonzalez spoke with additionally stated that they would contract again with Commercial Air, if they were the low bidders. Mr. Gonzalez stated that Kettlehut Construction wrote a letter of recommendation to the Board of Works in favor of Commercial Air doing the project. Mr. Shriner asked Mr. Gonzalez about any reservations that the other entities/owners had with Commercial Air. Mr. Gonzalez stated that the only reservations that each owner had been the schedule, but each owner additional said that it was all taken care of. Mr. Shriner asked if scheduling issues are a normal part of the business. Mr. Gonzalez stated that it could be but all depends on manpower and seasonal timing. Mr. Gonzalez stated that each project has a schedule that has to be maintained and there are always conversations with each contractor about that schedule. Mrs. Murray asked with Commercial Air’s past experience will there be a lot of change orders generated? Mr. Gonzalez stated that either entity/owner said that it was not out of the ordinary for that. Tim Gatewood, President of Commercial Air, spoke. Mrs. Ross asked Mr. Gatewood if he will be doing the work the “right” way. Mr. Gatewood stated that is his intention on all projects. Mr. Gatewood stated that they are a $20 million a year company with 30-40 projects per year. Mr. Gatewood stated that Commercial Air has never defaulted on a contract, always completed projects and customers give recommendations when they are done with the work. Mr. Shriner asked if working in an old building is not anything that will be daunting to be able to get done. Mr. Gatewood stated that retro-fit projects will Board of Public Works and Safety December 8, 2015 Page 2 be done properly. President Henriott asked about the Delphi Opera house and the issues they had with Commercial Air. Mr. Gatewood explained that the original contract was to be completed by May but in April, Mr. Gatewood realized that the project was not going to be done on time. Mr. Gatewood talked to the opera house about going into overtime to pay for that since the opera house lost the schedule. Mr. Gatewood stated that the opera house was out of range on their scope of work and didn’t ask for a re-fit schedule until September. Mr. Gatewood again offered them the overtime option but the opera house did not want to do that. Mr. Childress stated that the Board received a couple letters of recommendation. Mr. Childress read aloud Ordinance 2010-15 “ the capacity of the bidder to perform the contract promptly and efficiently, or within the time specified, without delay or interference” and also read “the quality of the bidders’ past performance, including performance of previous contracts, whether or not such performance was with the City”. Mr. Childress stated that the letter that was provided to the Board from Circle Design Group Inc. irrespective of scheduling issues; and read the following: “We found the Contractor to be irresponsible in executing the work. The most representative example was responding our observation reports of deficit work. We would be advised items were complete and our follow-up observation found the contrary. This occurred many times even for the same items. We would not be in favor of selecting or recommending this contractor for future work”. Mr. Childress went on to read the following from the Delphi Opera House recommendation: “Work was very slow and held up other contractors from getting their work completed on time. Their HVAC work was less than what was desired for the project. Slow to respond to correct issues and punch lists”. Mr. Childress stated that Mr. Gatewood was given an opportunity to respond to those two statements and what the Board received from Mr. Gatewood was three letters. Mr. Childress read the following from one of those three letters: “I am happy to provide a reference for Commercial Air Inc., a commercial mechanical contractor I have worked with in the past five (5) years. During which time they have provided our company with excellent service in HVAC and plumbing. Their work has been a success with any contract we have had with them. I can confidently recommend Commercial Air Inc. as solid professional experts in their field”. Mr. Childress stated that he only needs to read one because all three letters are the exact same words. Mr. Childress stated that this issue is cut on the ability to perform and integrity. Mr. Gatewood stated that he only provided recommendations for work that was done within Tippecanoe County but there have been many other jobs that have been done correctly. President Henriott stated that the two things that are required are the lowest responsible & responsive bidder. President Henriott stated that Mr. Gonzalez has been responsive but the issue is if he is responsible. President Henriott stated that the Board has information on both sides of the issue. Mrs. Murray moved for approval. Mrs. Ross seconded. Passed. Mr. Childress opposed the passage of the contract. Notice to Proceed- Long Center Renovation and Improvements (Commercial Air) Mrs. Ross moved to remove this item from the Table. Mr. Shriner seconded. Removed. Mr. Carson presented to the Board and recommended approval of the Notice to Proceed for the Long Center Renovation and Improvements with Commercial Air. Mr. Carson stated the original notice to proceed has been amended to reflect a start on December 8, 2015 with a date of completion of all work being September 15, 2016. Mrs. Murray moved for approval reflecting the amendment. Mr. Shriner seconded. Passed. Mr. Childress opposed the passage of the notice to proceed. NEW BUSINESS Engineering Acceptance to Maintenance for Utility Service-Southern Winds Apartments Subdivision Board of Public Works and Safety December 8, 2015 Page 3 Bob Foley, Engineering, presented to the Board and recommended approval of an Acceptance for Maintenance for Utility Service for Southern Winds Apartments Subdivision with Atlas Excavating. The City of Lafayette asked Atlas to oversize a water main so water could get to Veteran’s Memorial Parkway. The 3-year maintenance bond is in the amount of $16,166.00 and has been provided. Mr. Foley stated that it has passed all inspections and testing. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Change Order #1-Building Demolition for 1181, 1183 & 1185 Sagamore Parkway Jenny Leshney, Public Works Director, presented to the Board and recommended approval of Change Order #1 for the Building Demolition for 1181, 1183 & 1185 Sagamore Parkway with ICR Construction in the amount of $88,788.72. Mrs. Leshney stated that upon removal of the building slab there was additional contaminated soil and water because of old leaking hydraulic lift pits. Also, the tanks that were uncovered were different sizes than they originally thought. Mrs. Murray moved for approval. Mr. Childress seconded. Passed. Certificate of Completion-Building Demolition for 1181, 1183 & 1185 Sagamore Parkway Mrs. Leshney presented to the Board and recommended approval of a Certificate of Completion for the Building Demolition for 1181, 1183 & 1185 Sagamore Parkway with ICR Construction. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Legal Counsel Resolution 05-2015 A Resolution of the Board of Public Works and Safety of the City of Lafayette, Indiana, Recommending the Participation of Said City in the Motor Fuel Budgeting Program of the Indiana Bond Bank for the 2016 Budget Year, the Execution of the Qualified Entity Reimbursement Agreement in Connection Therewith and Other Related Matters Mike Jones, Controller, presented to the Board and recommended approval of Resolution 05-2015 A Resolution of the Board of Public Works and Safety of the City of Lafayette, Indiana, Recommending the Participation of Said City in the Motor Fuel Budgeting Program of the Indiana Bond Bank for the 2016 Budget Year, the Execution of the Qualified Entity Reimbursement Agreement in Connection Therewith and Other Related Matters. Mr. Jones stated that participating in the program acts as an insurance policy against the price fluctuations. Mr. Jones explained the process and function of the bond bank. Mr. Childress moved for approval. Mrs. Murray seconded. Passed. Economic Development Change Order #3-Long Center Renovation Roofing-Horning Roofing Dennis Carson, Economic Development Director, presented to the Board and recommended approval of Change Order #3 for the Long Center Renovations for Roofing with Horning Roofing in the amount of $4,697.00 with the new contract amount $161,345.00. Mr. Carson stated that when the existing roof was removed there were additional conditions under the rood did not match what was anticipated. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Board of Public Works and Safety December 8, 2015 Page 4 Lafayette Housing Authority Amendment #1-Agreement between the City of Lafayette and Habitat for Humanity of Lafayette for the Home Repair Program 2014-2015 Patrick Ringwald, Project Manager, presented to the Board and recommended approval of Amendment #1 for the Agreement between the City of Lafayette and Habitat for Humanity of Lafayette for the Home Repair Program 2014-2015. Mr. Ringwald stated that this amendment will provide the following: an expansion of the service area to include all low-moderate income neighborhoods within the City of Lafayette; an extension of the completion date to March 31, 2016; and an allowance in the budget of $5,000.00 for Habitat’s home repair coordinator. Mr. Shriner moved for approval. Mr. Childress seconded. Passed. Agreement between Lafayette Housing Consortium and Faith Community Development Corporation CHDO Operating Funds Agreement 2015-2016 Valerie Oakley, Project Manager, presented to the Board and recommended approval of an Agreement between Lafayette Housing Consortium and Faith Community Development Corporation CHDO Operating Funds Agreement 2015-2016 in the amount of $15,000.00. Mrs. Ross moved for approval. Mr. Childress seconded. Passed. Agreement between Lafayette Housing Consortium and New Chauncey Housing, Inc CHDO Operating Funds Agreement 2015-2016 Mrs. Oakley presented to the Board and recommended approval of an Agreement between the Lafayette Housing Consortium and New Chauncey Housing, Inc CHDO Operating Funds Agreement 2015-2016 in the amount of $15,661.00. Mr. Shriner moved for approval. Mrs. Murray seconded. Passed. CLAIMS Mike Jones, Controller, presented for Board approval, Claims in the amount of $1,939,364.80. President Henriott asked if there were any further questions and there were none. Mrs. Murray moved for approval. Mr. Shriner seconded. Passed. MISCELLLANEOUS Proclamation-Indiana Statehood Day The Mayor read the following Proclamation: To All Whom These Presents May Come, Greetings: WHEREAS, Friday, December 11 marks the 199th anniversary of the day President James Madison signed the act admitting Indiana as the 19th state of the Union; and WHEREAS, the history of our state, our county, our community and its people is valuable to our shared experience, and we recognize and celebrate the growth and greatness of our state and the limitless potential inherent in its future; and Board of Public Works and Safety December 8, 2015 Page 5 WHEREAS, on this occasion of Indiana’s 199th birthday, we honor the beginning of the Bicentennial year in Indiana, celebrating our history and igniting the future for coming generations of Indiana citizens; and WHEREAS, our community plans to honor this singular time in Indiana history by honoring our past, setting the course for our future and preparing a path for our youth, and raises a flag for the Bicentennial year to remind all who visit our fair city of our part in this special year; NOW, THEREFORE, I, Tony Roswarski, Mayor of Lafayette, do hereby proclaim December 11, 2015 as INDIANA STATEHOOD DAY AND THE OFFICIAL KICKOFF OF THE BICENTENNIAL and invite all citizens to duly note this occasion and celebrate the upcoming year. In Testimony Whereof, I hereto set my hand and cause to be affixed the official seal of office. Proclaimed at the city of Lafayette, Indiana this 11th day of December, 2015 on the 199th anniversary of Indiana Statehood and in the 239th year of Independence of the United States of America. Time: 9:27 a.m. BOARD OF PUBLIC WORKS AND SAFETY Gary Henriott s/s President ATTEST: Mindy Miller s/s st Mindy Miller, 1 Deputy Clerk Minutes written by Mindy Miller, 1st Deputy Clerk *A digital audio recording of this meeting is available in the Lafayette City Clerk’s Office. Board of Public Works and Safety December 8, 2015 Page 6