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HomeMy WebLinkAbout09052019 Agenda Review SessionAGENDA REVIEW SESSION SEPTEMBER 5, 2019 263 The Agenda Review Session of the Board of Public Works was convened at 10:34 a.m. on September 5, 2019, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik, Therese Dorau, Genevieve Miller, and Laura O'Sullivan present. Also present was Attorney Clara McDaniels. Board of Public Works Clerk, Linda M. Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. Board members discussed the following item(s) from the agenda. - Reject Bids — Truck Mounted Street Sweeper Mr. D.J. Frost, Attorney Clint Zalas, and Mr. Zach Tanner with Hoosier Equipment were present to speak regarding the rejection of the above bids. Attorney McDaniels stated the Agenda Review meeting is a public meeting for the purpose of city staff submitting agenda items to speak about their agenda items and answer questions of the Board. She requested these gentlemen wait until Privilege of the Floor to address the Board. — License Agreement - FOP Mr. Mark Dollinger, Police Department, stated this is a contract with the FOP to utilize their firing range and facilities. Mr. Eric Horvath, Public Works Director, asked if the terms were the same as previous years. Mr. Dollinger stated there was an increase from $500 to $1,000 over the four (4) year term. Mr. Gilot asked if the environmental lead abatement is the responsibility of the FOP. Mr. Dollinger stated that is his understanding. — Emergency Demolition Quote — Pelley Excavating Ms. Marlaina Johns, Code Enforcement, stated this demolition is a little outside of the ordinary vacant and abandoned demolitions done by Code Enforcement. She noted it is over the budget for emergency demolitions, so they need the Board to approve the allocation of the funds. She explained the Fire Department reached out to Code due to the collapse of the roof that created an unsafe condition that may cause the rest of the building to collapse. Ms. Maradik asked if this is subject to funding. Ms. Johns stated they are using emergency vacant and abandoned funds and funds from the 404 account that will be reimbursed from EDIT funds. - Consulting Agreement - EnFocus Mr. Dan Parker, Controller, stated the City will go live with Kronos on September 13 and they are asking for EnFocus to assist with the process to make sure checks are processed correctly. Ms. Dorau asked if EnFocus has specific Kronos talent. Mr. Parker stated at least one (1) of them does have expertise. He added the City is very complex with Kronos and has a program specific to them set up. He stated the amount is hourly not to exceed the $12,800 amount on the agenda. Mr. Gilot noted he is on the Board of EnFocus, but he has no involvement or financial benefit with this agreement. Ms. Dorau stated it sounds like this is a better process than hiring an outside expert. - Opening of Quotations — 510 S. Main Street Building Improvements Ms. Amanda Pietch, Community Investment, stated this is for the former Salvation Army building for weather amnesty for the homeless. She stated they are hoping to award the quote on Tuesday subject to funding approval on Thursday. - Alley Vacation — East/West Alley West of St. Peter St. to the North/South Alley, North of Howard St. Ms. Maradik asked if there were comments regarding the vacation of the alley. She noted Community Investment determined that the approval should be subject to the replat of the property for access to the north/south alley by all affected parcels. PRIVILEGE OF THE FLOOR Attorney Clint Zalas introduced himself and stated he was present on behalf of Hoosier Equipment for a proposal for a street sweeper that was timely submitted and meets and exceeds the specifications. He added theirs was the only compliant proposal submitted but they received notice yesterday that it was found non -responsive. Mr. Zalas stated they don't see a reason it was non -responsive, adding it was the lowest bid and it is the Board's responsibility to guard the public's coffers and assure the best use of the public's money. He stated they are therefore asking for what reason the bid was deemed non -responsive. Attorney McDaniels stated she prepared a memo to the Board that gives background and specific reasons for both bids being non -responsive. Mr. Gilot stated we appreciate you coming to speak, and we do take the fiduciary responsibility very seriously. He noted he has been doing this for over twenty (20) years, including in Elkhart, and he is pretty certain he has an understanding of the laws. He noted the attorney and technical staff reviewed the bids and found them non -responsive and provided a detailed memo as to why. Attorney Zalas asked if he can get a copy of the memo right now or would he need to do a legal request? Attorney McDaniels stated she preferred he submit a AGENDA REVIEW SESSION SEPTEMBER 5, 2019 264 request. Attorney Zalas asked what she needs in writing and on what form and if he submits it today, can he get it before Tuesday? She confirmed he could. Mr. D.J. Frost, Hoosier Equipment, asked if this does not comply, what's going to happen on Tuesday. Mr. Gilot stated there's been a review by our technical staff and lawyer, and they found both bids non -responsive; the Board is going to reject the bids and rebid. Mr. Zalas asked in accordance with new specifications? Mr. Gilot stated it is not certain there will be a change. Attorney Zalas warned if Mr. Frost is correct and his bid is not non -responsive, and it's rebid with the same specifications, that opens up legal concerns. Attorney McDaniels stated what you will receive from me is a memo that lists point by point why both bids were not responsive. The process is, any ambiguity in the specifications will be clarified and it will be rebid. She noted she has listed the specific reasons why they are both not responsive. Mr. Gilot noted there are at least seven (7) items listed; the rejection will not be based on opinion, but facts. No other business came before the Board. Upon a motion by Mr. Gilot, seconded by Ms. Maradik and carried, the meeting adjourned at 10:53 a.m. BOARD OF PUBLIC WORKS Gary A. A. Maradik, Member Therese J. Dora , M66er Gene ' ve E. Miller, Me_ r �AXaura L. O'Sullivan, Member ATTEST: VL�a M. Martin, erk REGULAR MEETING SEPTEMBER 10, 2019 The Regular Meeting of the Board of Public Works was convened at 9:32 a.m. on Tuesday, September 10, 2019, by Board President Gary A. Gilot, with Board Members Elizabeth Maradik, Therese Dorau, Genevieve Miller, and Laura O'Sullivan present. Also present was Board Attorney Clara McDaniels. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Maradik, seconded by Ms. O'Sullivan and carried, the minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on August 22, August 27, and September 3, 2019, were approved. OPENING OF BIDS — VESTED INTEREST BUILDING ROOF REPAIR — PROJECT NO. 119-049 (RWDA TIF) This was the date set for receiving and opening of sealed bids for the above referenced project. The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found to be sufficient. The following bids were opened and publicly read: MIDLAND ENGINEERING COMPANY, INC. 52369 State Road 933 North South Bend, IN 46637 Bid was signed by: Michael Frahn