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10/09/12 Board of Public Works Minutes
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10/09/12 Board of Public Works Minutes
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Board of Public Works
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Minutes
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10/4/2012
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AGENDA REVIEW SESSION OCTOBER 4, 2012 323 <br />Greene added that according to Bloomberg, a leading business and financial news organization, <br />Rosenbauer International was not convicted, nor was it fined in the price fixing incident because <br />it reported the violations to the German Federal Cartel Office in 2010. The German government <br />has since cleared both Metz Aerials and Rosenbauer International AG to bid and issued a <br />Certificate evidencing the same. Ms. Greene noted that her research supports that Rosenbauer <br />South Dakota was not a party to the price fixing matter investigated by the German Federal <br />Cartel Office. Ms. Greene added that RSD can only be deemed in violation of the City's bid <br />specification if there is sufficient evidence to support that it is a subsidiary of a parent company <br />that was convicted or fined for "price fixing, bid rigging or collusion in any domestic or <br />international fire apparatus market ". Her research confirmed that RSD is owned 100% by <br />Rosenbauer America; Rosenbauer America's Board of Managers makes all decisions for RSD; <br />and Rosenbauer America's Board of Managers is an independent board that is not controlled by <br />any other decision - making authority, including, but not limited to Rosenbauer International AG <br />and /or Metz Aerials. Therefore, Ms. Greene stated it is her legal opinion that neither Rosenbauer <br />South Dakota, LLC nor its parent company, Rosenbauer America, LLC have been convicted or <br />fined for price fixing, bid rigging, or collusion in any domestic or international fire apparatus <br />market and is therefore, the valid lowest, responsible, responsive bidder for the custom top <br />mount pumpers. Upon a motion by Mr. Neal to accept Legal's rendering and ratify the Board's <br />award of September 25, 2012, seconded by Mr. Mecham and carried, the legal report confirming <br />award to Rosenbauer South Dakota, LLC as the lowest responsive and responsible bidder was <br />approved. Ms. Greene requested the Legal Memo be incorporated in its entirety into the record. <br />Board members discussed the following item(s) from the agenda: <br />- Encroachment — Carl Kay Memorials <br />Mr. Bill Schalliol, Community and Economic Development, stated the City bought <br />property owned by Carl Kay Memorial for the purpose of extending Barbie Street. He noted the <br />property has a fence and some landscaping on it and the City will retain the fence and <br />landscaping on the property. He noted the area is very tight but this will not obstruct views. <br />- Award Bid — Water Treatment Chemicals <br />Mr. Neal noted this bid is being split between five (5) different companies, a good sign of a <br />competitive bid. He questioned how many bids were received. Mr. George King, Purchasing, <br />stated ten (10) bids were received, two (2) of which were deemed non- responsive. Ms. Greene <br />added that two (2) bidders submitted Local Business Preference forms. Mr. Gilot asked if there <br />were any increases in cost. Mr. Wiltrout noted that both Potassium Permanganate and Blended <br />Phosphate Sequestrant increased by $1.00 /lb. Mr. Gilot asked what the Water Department does <br />with Dry Polymer Flocculent. Mr. Wiltrout noted that is a Wastewater chemical; this bid is for <br />both departments. Mr. Gilot noted the funding should indicate it is being split. <br />- Professional Services Proposal — Short Elliott Hendrickson <br />Ms. Greene questioned Mr. John Wiltrout, Water Works, on how this particular vendor was <br />selected for the Pinhook Water Treatment Plant Efficiency Improvements. Mr. Wiltrout stated <br />they have done good work before on historical buildings for the Water Department. She <br />questioned if there was a local company that could do this work. Mr. Wiltrout stated Short Elliott <br />Hendrickson is subcontracting with a local company, DLZ, on this project. Ms. Greene noted <br />DLZ is an MBE/WBE company. <br />- Bid Award (Report from Legal) — Custom Top Mount Pumpers <br />Mr. Gilot noted Rosenbauer, the company awarded the above bid, has energy savings options <br />for their pumpers with generators for back -up when the trucks are idling for any length of time. <br />He asked Fire Chief Cox if they can also circulate the pump water. Chief Cox stated they didn't <br />have that option, but when it was brought up to Rosenbauer, they stated it had never been <br />requested before, but it was a good idea that they would add to the functions of the generator. He <br />noted the generators currently run the lights, heater, and air conditioning which could potentially <br />create long range savings that would pay back the $19,000.00 option within seven (7) to eight (8) <br />years. Mr. Gilot asked how long the Fire Department keeps their trucks. Chief Cox stated some <br />are as old as twenty (20) years, but the average is fifteen (15) years. <br />- Special Purchase — Command Fire Apparatus <br />Fire Chief Steve Cox stated that representatives from the Fire Department went to Long <br />Island to look over this used 1996 Pierce Lance pumper unit and were very impressed. He stated <br />it is owned by a volunteer department and has only 35,000 miles on it. He noted it is in better <br />shape than some of the Fire Department's newer units. Mr. Gilot questioned if there would be <br />update expenses to the truck. Chief Cox stated there wouldn't. He noted that the current owner's <br />would deliver the truck on a flatbed truck so it won't accumulate more miles on a drive here. Mr. <br />
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