11/28/2005 Board of Public Works Minutes

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0371 PUBLIC AGENDA SESSION NOVEMBER 23, 2005 The Public Agenda Session of the Board of Public Works was convened at 10:35 a.m. on Wednesday, November 23, 2005, by Board President Gary A. Gilot, with Mr. Carl P. Littrell and Mr. Donald E. Inks present. Also present was board Attorney Thomas Bodnar. Board of Public Works Clerk Angela Jacob presented the Board with a proposed agenda of items presented by the public and by City Staff. AGENDA ITEM ADDED - Bid Protest — Studebaker Area "A" Demolition Board members discussed the following item(s) from that list. - Proposal — Installation of Signs in Ten Locations Around Perimeter of South Bend Mr. Bill Schalliol, Community and Economic Development, stated North American Signs will prepare and install the signs. Easements from eight of the ten property owners have been completed. - Deed of Dedication — U.S. 31 Industrial Park This Deed of Dedication will dedicate the right of way of a stub street located in the U.S. 21 Industrial Park. - Resolution No. 70-2005 — Elevator Maintenance Agreement for Wayne Street Parking Garage Mr. Tim Williams, Community and Economic Development, and Attorney Shawn Peterson, Legal Department, stated the current maintenance agreement expires January 2006. The proposed Agreement with KONE, Inc. is for five years, with a yearly option for renewal. The Board suggested that the elevators for all the parking garages, as well as for the Leighton Center, be placed under the same maintenance agreement, and asked if a Request for Proposals for an elevator maintenance agreement could be accomplished. In the meantime, Mr. Williams and Mr. Peterson will contact KONE to see if this particular Agreement could be changed to a shorter term. BID PROTEST — STUDEBAKER AREA "A" DEMOLITION Mr. Thomas Bodnar, attorney for the Board, presented an oral report of his findings concerning a Bid Protest filed by Homrich, Inc. pleading that the Board should not award a contract for the Studebaker Area "A" Demolition project because the bid of the apparent low bidder, J&L Management Corporation, was flawed. Homrich alleges that J&L's failure to include a bid bond with the bid package opened August 8, 2005 should disqualify the bid. Mr. Bodnar noted that although it is true, as stated in the amended minutes of the August 8 meeting, that no Bid Bond was included in the J&L bid, the Bid Bond dated August 8, 2005 was submitted later. He also noted that the pre -qualification process of and review of the information in the bid documents confirm that J&l. Management Corporation is a responsible bidder. All documentation (correspondence/letters/memos) supported J&L's statements that the Bid Bond was ordered from a licensed broker two weeks before the bid opening and J & L obtained no advantage. Indiana law has always been that non -material variances are waivable, and a 1993 statutory change (I.C. 36.1-12-4(b)(10)) expands the Board's discretion to waive an irregularity such as the late filing of a bid bond. The aim of the public bid statutes is to get the lowest bid through honest competition and that would be met by the denial of the protest. Therefore, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried. the Bid Protest was denied on the basis of legal counsel. APPROVAL/RELEASE OF SURETY FOR SECONDARY SUBDIVISION OAKS" Mr. Gilot stated Garden Homes submitted a check from Meridian Title in the amount of $141,279.00 for the completion of this subdivision. The Engineer's Report has since indicated that all the improvements have been made, except for asphalt surface and sidewalk ramps. Garden Homes submitted two (2) checks in the amount of $20,657.00 and $39,734.00 for the remainder of the required improvements. Upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the original surety was approved and