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AGENDA REVIEW SESSION MARCH 19, 2015 79 <br />Commitment for Contractors and Certification of Use of United States Steel Products or <br />Foundry Products was submitted. <br />Ten percent (10%) Bid Bond was submitted <br />M <br />Description Year/Make/Model Unit Price <br />li Complete Unit 2016 Western Star 4700 $171 474 <br />Year <br />Make/Model—Trade In <br />Unit Price <br />1997 <br />Unit 249, International Dump Truck, <br />VIN# 1HTGCAAT2VH441676 <br />$ (2,500) <br />1998 <br />Unit 251, Ford Dump Truck, <br />VIN# 1FDZW86F7WVA15490 <br />$ (2,500) <br />Option# <br />Description <br />Cost <br />Total <br />1 <br />Front Snow Plow <br />$ 10,968 <br />$ <br />2 <br />CNG Fuel System $Nr/A see exception <br />s <br />Upon a motion made by Mr. Gilot, seconded by Mr. Pawlowski and carried, the above bids were <br />referred to Central Services for review and recommendation. <br />RESCIND AWARD OF PROPOSALS — EQUIPMENT PURCHASES FOR NOTRE DAME <br />TURBO AT IGNITION PARK — AIR COMPRESSORS — PROJECT NO. 114-083A AND <br />GAS FIRED COMPRESSED AIR HEATER — PROJECT NO. 114-083C RIVER WEST <br />DEVELOPMENT AREA TIF) <br />In a Memo to the Board, Attorney Michael Schmidt requested the Board rescind the award of the <br />above proposals to Heseco/Sigma Thermal and Ingersoll Rand respectively and approve for the <br />City's Legal and Engineering Departments to negotiate a final best offer for approval. Mr. <br />Schmidt explained on February 24, 2015, the City of South Bend, acting through its Board of <br />Public Works, made an award to Heseco/Sigma Thermal and Ingersoll Rand based upon their <br />respective contract proposals, subject to the successful negotiation of terms and <br />conditions. However, the terms and conditions were included in the City's original request for <br />proposal as well as the inclusion of certain terms in the actual specifications. Attorney Schmidt <br />explained because the terms and conditions were included in the request for proposal and the <br />specifications, it raised the question of whether the Board of Public Works has the power to <br />make an award and then negotiate certain terms and conditions after such an award. He noted the <br />Board does not have the ability to change specifications after making an award. However, <br />pursuant to IC 5-22-9-6, the Board may authorize ongoing discussions with a responsible offeror <br />to negotiate/obtain the best and final offer from such offeror as long as the Board makes the prior <br />determination that the initial offeror submitted a responsible proposal that is reasonably <br />susceptible of being selected for award. Attorney Schmidt stated in his Memo it is his <br />recommendation that the Board rescind its award to Heseco/Sigma Thermal and Ingersoll Rand <br />and pursuant to IC 5-22-9-6, authorize the City's Legal and Engineering Departments to engage <br />in discussions/negotiations with Heseco/Sigma Thermal and Ingersoll Rand so that a finallbest <br />offer can be presented for the Board's approval on March 24, 2015. Attorney Schmidt noted this <br />action requested of the Board is to correct procedural language that was used in order to fix the <br />record to meet the legally correct procedure, and wording in the statute. He added there is no <br />issue with the proposals, and he doesn't anticipate any issues with the vendors. <br />Therefore, upon a motion by Mr, Gilot, seconded by Mr. Pawlowski and carried, the Board <br />approved the rescinding of the award of the proposals as outlined above, and authorized the City <br />Legal and Engineering Departments to negotiate a final/best offer for each project. <br />Board members discussed the following item(s) from the agenda. <br />Professional Services Agreement— SunGard Public Sector <br />Ms. Sue Gerlach, Information'rechnologies, presented the Board with a cost breakout showing a <br />comparison of retaining current hardware versus upgrades. She noted the maintenance of the <br />current system would be almost as much as purchasing upgraded hardware, explaining that the <br />current system is very old and high maintenance. Attorney Michael Schmidt added that there are <br />Opportunities in the contract for IT to remove services that are no longer needed when necessary. <br />