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HomeMy WebLinkAbout04/03/12 Board of Public Works Claims ReviewCLAIMS REVIEW MEETING APRIL 3 2012 116 A Claims Review Meeting of the Board of Public Works was convened at 8:35 a.m. on April 3, 2012 by Board President Gary A. Gilot with Board Members Donald Inks and Kathryn Roos present. Also present was Attorney Cheryl Greene. ADDITIONS TO THE AGENDA Mr. Gilot noted the addition to the agenda of Resolution No. 18 -2012, and ratification of closing documents related to the Main Street and Lafayette Street project. AWARD BID AND APPROVE CONTRACT— HANSEL CENTER RENOVATION — PROJECT NO. 111 -064 (AEDA TIF) Mr. Greg Kil, Kil Architecture, stated that on March 22, 2012, bids were received and opened for the above referenced project. He reviewed all six (6) bids received with Mr. Carl Littrell, Engineering, Engineering staff, and the City Legal Department, and they found that four (4) bidders did not complete all of the required information of the bid proposal form. Mr. Kil stated that Brown and Brown did not include the required unit prices, and The Robert Henry Corporation, Larson - Danielson, and Ziolkowski did not fill in the time schedule information. He noted that left Casteel Construction and Gibson -Lewis as the only two responsive and responsible bidders. Of those, Gibson -Lewis was the low bidder. Mr. Kil stated he is therefore recommending the award of the bid to the lowest responsive and responsible bidder Gibson - Lewis, LLC, 1001 West 1 lth Street, Mishawaka, Indiana 46544, in the amount of $1,647,500.00 which is the Base Bid plus all add -in Alternates. He noted Alternate No. 8 is a deduction and that is not being included in the award. Mr. Gilot asked if all partners in the project, including South Bend Heritage, were in concurrence with the award. Mr. Kil stated they are. Ms. Greene stated there is a Memo from Mr. Littrell to the Board concurring with Mr. Kil's bid recommendation that should be made part of the record. Ms. Greene stated she reviewed the bids and specs to assess their legal compliance and found only two bidders, Casteel and Gibson -Lewis in compliance with all of the requirements of the bid specs. The other four (4) bidders omitted amounts or information that would constitute a material variance. Ms. Greene stated in reviewing Indiana Code and the Court's interpretation of material variance, these omissions would be non- responsive to the bid specs. Mr. Gilot stated the bidders are told when to start and when to finish in the bid specs, is where they are asked on the bid sheet relative to the award of the project. Mr. Kil stated they need to know when the contractor can start after the award and when they will finish. He noted this is one of the things that is taken into consideration in their review and award of the bid; how soon the bidder can start and when they can finish. Mr. Littrell stated that Mr. Eric Brown from Brown and Brown Construction was present and asked the Board to give him an opportunity to speak since he came specifically about this bid. Mr. Brown stated he spent a lot of time and put a lot of effort into preparing his bid, and his was the low bidder. He questioned the City spending $90,000.00 more on the project just because he left the unit price amounts blank. He stated he didn't have time to obtain all of the unit prices and they would not affect the final bid. He stated in the past entering unit prices did not affect the bid award and his company has a process for figuring the total cost with the unit costs figured in. He noted that on the unit prices he did obtain, they were so high; the Board would have thrown his bid out. He stated they have to figure what is relevant and include the total in their cost. Mr. Brown added he did not see anything in the bid specs that stated the bid can be thrown out based on omission of unit prices. Mr. Gilot stated the unit prices are important and are part of the bid sheet. He noted he has asked the architect if they intended to use the unit prices and if they would affect the total cost of the project, and they said it would. Mr. Gilot added the City retained a licensed architect to review the specs and they need to stand behind his review. Mr. Gilot requested Mr. Brown re -read the specs. He noted it is so clear in the wording of the specs that all blanks must be filled in, that if the City didn't stand behind that, they would be challenged. Mr. Gilot added there are six bids, all from very good firms, and it is unfortunate that four (4) of them did not complete all of the required information of the bid specs. He noted he hopes they will learn from their mistakes. Mr. Gilot added that the total cost of this project is being shared with several partners in the project and the City has committed $796,000.00 to the cost. Therefore, Mr. Gilot made a motion that the recommendation be accepted and the bid be awarded and the Construction Contract approved as outlined above. Mr. Inks seconded the motion, which carried. AWARD BID AND APPROVE CONTRACT- WESTERN AVENUE AND LAUREL STREET SIGNALIZATION IMPROVEMENTS — PROJECT NO. 111 -079 LRSA Mr. Toy Villa, Engineering, advised the Board that on March 8, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Villa recommended that the Board award the contract to the lowest responsive and responsible bidder Martell Electric, LLC, 4601 Cleveland Rd., South Bend, Indiana 46628, in the amount of $128,000.00. Therefore, Mr. Inks made a motion that the recommendation be accepted and the bid be awarded CLAIMS REVIEW MEETING APRIL 3 2012 117 and the Construction Contract approved as outlined above. Ms. Roos seconded the motion, which carried. REJECT BIDS — EWING AVENUE AND FELLOWS STREET SIGNALIZATION IMPROVEMENTS — PROJECT NO. 111 -072 LRSA Mr, Carl Littrell, Engineering, advised the Board that on March 13, 2012, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Littrell recommended that the Board reject all bids due to all of them coming in over budget. Mr. Littrell stated in his memorandum that the project scope needs to be scaled back or the project budgeted in next year's budget. Therefore, Mr. Inks made a motion that the recommendation be accepted and all bids be rejected. Ms. Roos seconded the motion, which carried. APPROVE_ REQUEST TO RE-SCHEDULE BID OPENING AND BID DUE DATE — EAST BANK STORM SEWER PHASE III --- PROJECT NO. 111 -069 In a Memorandum to the Board, Mr, Carl Littrell, Engineering, informed that the East Bank Storm Sewer, Phase III, is scheduled for bid opening on April 5, 2012; however, the Common Wage Determination that will apply to this project will not be made until April 4, 2012. He noted that amount of time is insufficient for contractors to adequately prepare their bids for opening less than twenty -four (24) hours later. Therefore, Mr. Littrell recommended that based on IC 36- 1-12-4(b), the Board approve an Addendum to the Specifications be sent to all planholders notifying them of the rescheduled bid opening date of April 10, 2012, and the Board announce the new date at the regularly scheduled opening meeting of April 5, 2012. Ms. Greene stated the Board has the authority to give notice and delay a bid opening, they cannot open bids before the due date. She noted this was a request to delay the bid due date and the bid opening date. Upon a motion by Mr. Gilot, seconded by Mr. Inks and carried, the request was approved as outlined above. ADOPT RESOLUTION NO. 18 -2012 — AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO GOLF CARTS Upon a motion made by Mr. Inks, seconded by Ms. Roos and carried, the following Resolution was adopted by the Board of Public Works: RESOLUTION. 18 -2012 A RESOLUTION OF THE BOARD OF WORKS OF THE CITY OF SOUTH BEND AUTHORIZING THE EXECUTION AND DELIVERY OF A MASTER LEASE AGREEMENT AND OTHER DOCUMENTS RELATED TO GOLF CARTS WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board ") is the contracting body for the City of South Bend, Indiana (the "City ") pursuant to Indiana Code § 36- 9-6; and WHEREAS, the CITY OF SOUTH BEND ( "Lessee ") desires to obtain certain equipment (the "Equipment ") described in Equipment Schedule No. 04 to the Master Lease Agreement (collectively, the "Lease ") with SUNTRUST EQUIPMENT FINANCE & LEASING CORP., the form of which is attached hereto and incorporated herein as Exhibit "A" has been available for review by the governing body of Lessee prior to this meeting; and WHEREAS, the Equipment is essential for the Lessee to perform its governmental functions; and WHEREAS, the funds made available under the Lease will be deposited with SUNTRUST BANK (the "Escrow Agent ") pursuant to an Escrow Agreement between Lessee and the Escrow Agent (the "Escrow Agreement ") and will be applied to the acquisition of the Equipment in accordance with said Escrow Agreement; and WHEREAS, Lessee has taken the necessary steps, including those relating to any applicable legal bidding requirements, to arrange for the acquisition of the Equipment; and WHEREAS, Lessee proposes to enter into the Lease with SUNTRUST EQUIPMENT FINANCE & LEASING CORP. and the Escrow Agreement with the Escrow Agent substantially in the forms presented to this meeting. CLAIMS REVIEW MEETING APRIL 3 2012 118 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS FOR THE CITY OF SOUTH BEND, INDIANA AS FOLLOWS: Section 1. It is hereby found and determined that the terms of the Lease and the Escrow Agreement (collectively, the "Financing Documents ") in the forms presented to this meeting and incorporated in this resolution are in the best interests of Lessee for the acquisition of the Equipment. Section 2. The Financing Documents and the acquisition and financing of the Equipment under the terms and conditions as described in the Financing Documents are hereby approved. The Ci Controller of Lessee and any other officer of Lessee who shall have power to execute contracts on behalf of Lessee be, and each of them hereby is, authorized to execute, acknowledge and deliver the Financing Documents with any changes, insertions and omissions therein as may be approved by the officers who execute the Financing Documents, such approval to be conclusively evidenced by such execution and delivery of the Financing Documents. The Board of Public Works of the Lessee is hereby authorized to affix the official seal of Lessee to the Financing Documents and attest the same. Section 3. The proper officers of Lessee be, and each of them hereby is, authorized and directed to execute and deliver any and all papers, instruments, opinions, certificates, affidavits and other documents and to do or cause to be done any and all other acts and things necessary or proper for carrying out this resolution and the Financing Documents. Section 4. The undersigned further certifies that the above resolution has not been repealed or amended and remains in full force and effect and further certifies that the Lease and Escrow Agreement executed on behalf of Lessee are the same as presented at such meeting of the governing body of Lessee, excepting only such changes, insertions and omissions as shall have been approved by the officers who executed the same. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held on April 3, 2012 at 1308 County -City Building, 227 W. Jefferson Boulevard, South Bend, Indiana 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Gary A. Gilot s/ Donald E. Inks s /Kathryn E. Roos ATTEST: s /Linda M. Martin, Clerk RATIFY CLOSING DOCUMENTS Mr. Larry Meteiver, Legal, stated these documents are the Administrative Settlement papers for the last total take of property at 4043 South Michigan Street, for the Main Street and Lafayette Street project. He noted the acquisition price was $350,000.00 plus an administrative settlement cost of $129,500.00. Mr. Metiever noted Mr. Gilot has signed the papers in his authority as the Board President to speed up the process, and he is now asking the Board to ratify the documents. Therefore, upon a motion by Mr. Inks, seconded by Ms. Roos and carried, Mr. Gilot's approval of the Administrative Settlement and CIosing Statement was ratified. APPROVE CLAIMS Mr. Inks stated that a request to pay claims has been received by the Board; each claim is fully supported by an invoice; the person receiving the goods or services has approved the claims; and the claims have been filed with the City Fiscal Officer and certified for accuracy. Mr. Inks stated the following claims were submitted to the board for approval: Name City of South Bend City of South Bend City of South Bend City of South Bend Amount of Claim $947,699.19 $1,086,083.13 $1,203,766.95 $3,167,507.87 Date 03127112, and 03/31/12 04/03/12 03/30/12 03/30/12 CLAIMS REVIEW MEETING APRIL 3 2012 119 Mr. Inks made a motion that the City of South Bend claims be approved as submitted. Ms. Roos seconded the motion, which carried. PRIVILEGE OF THE FLOOR Mr. Murray Miller, Local No. 645, asked the Board what the purpose is of the light at the intersection of Western Avenue and Laurel Street. Mr. Gilot stated it is for safety and security of pedestrians. He noted it is near the Kroc Center. Mr. Miller asked if it was put up for the Kroc Center, Mr. Littrell added it is also near the Housing Authority Apartments. Mr. Miller stated those apartments have been there for years and there was never a light put up. Mr. Gilot stated .... the Kroc Center has some 7,000 members and continues to grow; that warrants a traffic signal. He noted when there is a large event at the center, a light is necessary to help with overflow traffic. Ms. Greene added that it is no different than adding a light at an intersection when putting in a mall, or any type of business that increases foot and vehicle traffic. Mr. Miller asked what the situation was with the award of the East Bank Sewer Separation No. 2 at the last Board meeting. He noted the Board stated there was an issue with the award of the project. Mr. Gilot stated the project had to be awarded before the prevailing wage rates expired this week. Mr. Miller asked if the award had to be made or the project had to be bid before the wage rates expired. Mr. Gilot answered that the award has to be made; common wage rates are established when the contract to bid the project is entered into. ADJOURNMENT There being no further business to come before the Board, upon a motion made by Mr. Gilot, seconded by Mr. Inks and carried, the meeting adjourned at 9:01 a.m. BOARD OF PUBLIC WORKS '- (k , Gary A. Gilot President._,_ S * r F Donald E. Inks, Member Kathryn E. Roos, Member ATTEST: Linda M. Martin, Clerk