10/09/12 Board of Public Works Minutes

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