HomeMy WebLinkAbout02/19/2015 Agenda ReviewAGENDA REVIEW SESSION FEBRUARY 19 2015 35
The Agenda Review Session of the Board of Public Works was convened at 10:34 a.m. on
February 19, 2015, by Board President Gary A. Gilot, with Board Members David Relos,
Kathryn Roos, Patrick Henthorn, and Brian Pawlowski present. Also present was Attorney
Michael Schmidt. 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.
CHANGE TO THE AGENDA
Mr. Gilot noted the request to remove the bid award of the twenty-five (25) cubic yard packers
from the agenda.
OPENING OF PROPOSALS — EQUIPMENT PURCHASE FOR NOTRE DAME TURBO AT
IGNITION PARK AIR COMPRESSORS— PROJECT NO. 114-083A RIVER WEST
DEVELOPMENT AREA TIF)
This was the date set for receiving and opening of sealed proposals for the above referenced
project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the
Tri-County News, which were found to be sufficient. Mr. Gilot explained that the award of these
three proposals will be based on a scoring matrix, of which cost is only part of the total.
Therefore, he stated he would only read the names of the contractors submitting proposals into
the record. The following names of companies submitting proposals were read:
BRABAZON PUMP COMPRESSOR VACUUM
2232 Benson Avenue
St. Paul, MN 55116
Proposal was signed by: David Kaner, Area Manager
F. S. ELLIOTT CO., LLC
5710 Melton Road
Export, PA 15632-8948
Proposal was signed by: Keith L. Macurdy, CFO
ATLAS COPCO COMPRESSORS, LLC
2501 Landmeier Road
Elk Grove Village, IL 60007
Proposal was signed by. Dane Koch, Sales Manager
Attorney Michael Schmidt noted Brabazon did not include a bid bond. A representative from the
company stated they read the specs and didn't think a bid bond was required to be included.
After review of the language in the specs, Mr. Schmidt read that the specs state no bid bond is
required to be submitted with the proposal, but may be required at the award. Mr. Schmidt noted
that Brabazon's Affidavit was not notarized, and there was no acknowledgement of the addenda
included with the proposal. Mr. Gilot stated it is within the Board's authority to waive the
irregularities. Ms. Roos requested that Legal review the specs to determine what was required
with the proposals.
At 12:05 p.m., Ms. Lee Bene, Engineering, brought the Board a late proposal that had just
arrived from Atlas Copco, and stated the currier was in an accident due to the weather. The
Board determined they would accept the proposal due to the extreme weather conditions and the
fact that there were no dollar amounts or other information read into the record, only the names
of the companies submitting proposals. Attorney Schmidt noted there was no acknowledgement
of the addendum included in Atlas' proposal and they proposed different terms and conditions so
it would need further review.
At 12:10 p.m. Mr. Mike Carey, Engineering, informed the Board that Engineering received
notice that another proposal was on the way, and they are trying to determine where the FedEx
truck is. The Board determined that since no numbers were read, only names of businesses
submitting proposals, they would accept any proposals by the close of business today. The Board
determined they would recess until 3:30 p.m. to allow deliveries due to the unusual extreme
weather conditions.
OPENING OF PROPOSALS — EQUIPMENT PURCHASE FOR NOTRE DAME TURBO AT
IGNITION PARK — VACUUM BLOWER SYSTEM — PROJECT NO. 114-083B RIVER
WEST DEVELOPMENT AREA TIF
AGENDA REVIEW SESSION FEBRUARY 19 2015 36
This was the date set for receiving and opening of sealed proposals for the above referenced
project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the
Tri-County News, which were found to be sufficient. The following company's name was read:
HOWDEN NORTH AMERICA, INC.
2475 George Urban Blvd
Depew, NY 14043-2022
Proposal was signed by: Scott Evans, Vice President of Finance and CFO
Attorney Michael Schmidt noted that the contractor made revisions to the City's terms and
conditions, and submitted two options. He stated this will need legal review. Upon a motion by
Ms. Roos, seconded by Mr. Henthorn and carried, the proposal was referred to the review team
for review and recommendation.
OPENING OF PROPOSALS — EQUIPMENT PURCHASE FOR NOTRE DAME TURBO AT
IGNITION PARK — GAS FIRED COMPRESSED AIR HEATER — PROJECT NO. 114-083C
(RIVER WEST DEVELOPMENT AREA TIF)
This was the date set for receiving and opening of sealed proposals for the above referenced
project. The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the
Tri-County News, which were found to be sufficient. The following company name was read:
HESECO
1288 Oakcrest Avenue
Roseville, MN 55113
Proposal was signed by: Alan Deutsch
Attorney Michael Schmidt noted that the contractor made revisions to the City's terms and
conditions. He stated this will need legal review. Upon a motion by Ms. Roos, seconded by Mr.
Henthorn and carried, the proposal was referred to the review committee for review and
recommendation.
OPENING OF BIDS — ACM PANELS FOR IGNITION PARK BUILDINGS 1 & 2 —
PROJECT NO. 115-006 (RIVER WEST DEVELOPMENT AREA TIF)
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-
County News, which were found to be sufficient. The following bids were opened and publicly
read:
TFC CANOPY
A Division of Centurion Industries
1107 North Taylor
Garrett, IN 46738
Bid was signed by: Victor C. Baumgartner, Operations Manager
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding
Investment with Iran, Employment Eligibility Verification, Non -Discrimination
Commitment for Contractors and Certification of Use of United States Steel Products or
Foundry Products was submitted.
Five (5%) Bid Bond was submitted.
BID: $542,657,00
SHAFFNER HEANEY ASSOCIATES INC.
Exterior Systems Professionals
2508 South Main Street
South Bend, IN 46614
Bid was signed by: Doug Zachary, Sales Associate
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding
Investment with Iran, Employment Eligibility Verification, Non -Discrimination
AGENDA REVIEW SESSION
FEBRUARY 19 2015 37
Commitment for Contractors and Certification of Use of United States Steel Products or
Foundry Products was submitted.
Five (5%) Bid Bond was submitted.
BID: $409,851.00
Upon a motion by Ms. Roos, seconded by Mr. Relos and carried, the above bids were referred to
Community Investment for review and recommendation.
Ms. Roos asked that the Engineering and Community Investment staff please make sure on these
non-traditional bids that they are over -communicating with the bidders to let them know what is
required as far as bid bonds, and legal forms. Mr. Eric Horvath, Director of Public Works, agreed
and stated it's a good point because these types of projects are so unique these companies
wouldn't traditionally be bidding with the City. Ms. Roos added it is easy to miss parts of the
requirements because the specifications are so large.
Board members discussed the following item(s) from the agenda.
Resolution No. 01-2015 — Write -Off of Uncollectable Utility Accounts
Mr. Antonio Sergio, Water Works, stated the total write-off is about $500,000.00. Mr. Horvath
noted this is anything in Sewers, Water, and Trash that the City can't lien. Mr. Gilot noted the
largest write-off is sewers because that is the largest revenue base. Ms. Roos asked if these are
purely residential. Mr. Sergio stated there are some commercial accounts also. Ms. Roos
questioned if there are any punitive remedies available on commercial accounts such as denial of
license in the future. Mr. Horvath stated these are mostly customers that have left town and
aren't operating anymore, adding we've shut off the water to the business, but still try to collect.
- Opening of Bids — Multi -Use Dump Trucks and Tandem Axle Multi -Use Dump Trucks
Mr. Jeff Hudak, Central Services, noted the agenda had these two bid openings listed for
Tuesday, but the bids had not yet been advertised so there wouldn't be bids to open and they
should be removed from the agenda.
- Request to Advertise — Trucks and Police Cars
Mr. Hudak stated these four-wheel drive trucks are for Code Enforcement. He noted typically
Code was getting compact cars. After discussions with the new director, it was decided it was
better to have trucks to allow the inspectors to pick up trash items. He noted currently they write
up a report of trash and call it in for someone else to pick up. This way they can just pick it up.
Ms. Roos questioned if these and the Police cars were CNG. Mr. Hudak stated they are and
there is a CNG conversion option on the Police cars.
- Opening of Bids — Cargo Van
Mr. Hudak noted the last day for ordering the cargo vans is February 27, 2015 so he would like
to ask to award this bid on Tuesday.
Professional Services Agreement — Plante Moran, PLC
Mr. John Murphy, Controller, stated they did a request for proposals and received four (4) and
selected Plante Moran, PLC for a three year agreement for preparation assistance of 2014-2016
comprehensive annual financial report. He stated they thought about outsourcing the entire
budget report, but found out that didn't meet State Board of Accounts regulations. Mr. Gilot
noted this being a professional services agreement, they didn't have to go with the low cost; the
selection was based on the best proposal. Mr. Murphy agreed, cost was not the only factor, this
company gave the best proposal.
- Letter of Intent — Activate Healthcare, LLC
Attorney Schmidt stated this letter of intent sets forth a relationship agreement, but his main
concern was it outlines confidentiality provisions, but not what the options are for remedy for the
City. Mr. Murphy noted they are setting up a separate department for all of the records, for
tracking purposes. Mr. Gilot requested he put his comments into a memo for the Board's files.
Mr. Murphy noted this is not the final contract, the final will be coming and will be much larger.
- Opening of Bids — Equipment Purchase for Nello Corporation
Mr. Corbitt Kerr, Engineering, stated they will send out an addendum with a checklist for
vendors to accommodate Ms. Roos' earlier request for over -communicating on these odd
projects. Mr. Kerr noted there is a problem with posting equipment because it is done on the City
website and anybody can sign in to look at the specs, and not necessarily bid on them.
- Change Order — Ignition Park Site Improvements, Buildings 1 & 2
Mr. Toy Villa, Engineering, stated this increase is due to the addition of a dry well, and changing
the size of storm pipes. Ms. Roos questioned why this wasn't caught in the front end. Mr. Kerr
stated they changed where the outfall is going to be located and it caused a change in the size of
the pipes. He added this is not increasing the amount the City is spending. Ms. Roos noted this is
AGENDA REVIEW SESSION
FEBRUARY 14, 2015 38
an 18% increase; does the contractor know they can't go beyond 20%. Mr. Kerr stated they are
aware of that.
- Change Order — Southwood Sewer Separation
Mr. Toy Villa, Engineering, stated this deduction was for miscellaneous items not needed. Mr.
Horvath noted there was a decrease even though sidewalks were added to the project.
- Change Order — Removal of Lead Based Paint at Ivy- Tower
Mr. Corbitt Kerr, Engineering, stated the original specs for this bid included floors I through 4.
The request now is to add floors 5 and 6, but that would take the contract over the 20%
maximum threshold for Change Orders. He noted that one of the issues is water is used in the
process and it flows downhill, causing re -contamination of the lower floors. Ms. Roos asked
what was our original amount and what did our original contract say. Mr. Brock Zeeb,
Community Investment, stated the EIA agreement does not have a maximum budget, but the
development agreement does. Mr. Zeeb added the removal of the lead based paint contamination
was an environmental order and the City agreed it would try not to disrupt the business as much
as possible so as to allow moving business around during the process. He noted it was a mutual
agreement with the owners of Ivy Tower. He stated that once the contractor got in there and
started the process, they found it was not possible for the water flow to not contaminate the lower
floors. Mr. Zeeb noted the building is so old and full of holes that it is difficult to tell if it's from
the holes in the building letting in water from the outside, but when you are clearing lead, you
can't take a chance that it's not the lead based water. Mr. Zeeb explained it was both the City's
and the owner's faults that it was bid this way. Mr. Gilot questioned terming this a change order,
and asked if the other floors were an alternate to the base bid. Mr. Zeeb stated floors 5 and 6
were not listed and the specifications don't give us the right to add them. He explained that Legal
had reviewed the specs for any language that included these other floors. He stated they are now
asking for approval of a change order to do some of the work and they will have to rebid the rest.
Mr. Kerr informed the Board that when this is rebid, whoever wins this will be responsible for
any re -contamination on the lower floors.
- Professional Services Agreement — Lawson -Fisher Associates, PC
Mr. Corbitt Kerr stated this Olive Street pavement replacement design is an 80/20 reimbursement
match agreement with INDOT. He noted one of the subcontractor's, VS, working on this is a
Minority Business Enterprise. He added the City is in the process of coordinating with the
Railroad to combine the two sections of the road work.
- Professional Services Agreement — American Structurepoint, Inc.
Mr. Corbitt Kerr, Engineering, stated they are still in negotiation on this two-way conversion of
Michigan/St. Joseph St. and Main St. from Chippewa St. to LaSalle St., and hope to finalize it by
Tuesday. He noted the MBE business, VS, is also going to be a subcontractor on this design job.
- Resolution No. 08-2015 — Ratifying a Guaranteed Energy Savings Contract for Century
Center
Ms. Therese Dorau, Office of Sustainability, stated the last time this project was before the
Board it was for a project development agreement. She noted they are now ready to sign the
contract, after having gone back and forth with Century Center and the contractor to finalize
everything. She added everything is now agreed upon and finalized and the next step is to get
different financing pieces in place and go back to the council to get approval of bond financing.
She stated they got a very good interest rate by applying for a special bond for 15 years. Mr.
Gilot asked if there was any part that doesn't contribute to the payback. Ms. Dorau stated yes, the
roof, it's a big expensive part of the project. Attorney Michael Schmidt said that for today they
just want the board to state they are ratifying the terms of the contract for the purpose of the bond
council to formalize the agreement. Ms. Dorau noted the hotel//motel tax board is making a
pledge to pay this, it is coming out of Century Center capital and hotel/motel tax. She stated that
they have finalized the terms and calculations, and now want the resolution approved to take to
the Council. Ms. Roos stated that what Mr. Gilot is questioning is the savings is supposed to
cover the cost of what you are doing in the energy savings contract. Mr. Gilot questioned if the
energy savings is going to be measured each year. Ms. Dorau stated they are not going to
measure it each year, they are using a calculation basis to determine the savings.
- Permits - Processions
Ms, Roos made note of the restrictions requested by the Police and Traffic and Lighting on the
Via Crucis procession for no horses; the Bike the Bend for no closed route; and the River Park
Parade for no throwing of candy or other items. She stated these applicants must follow these
restrictions to receive approval in the future for their events. She noted the Police stated last year
the applicants were told this, and didn't conform to the regulations. The Police were concerned
about an out of control horse and the clean-up after the event. Ms. Roos noted the route for the
Bike the Bend uses residential neighborhoods and main thoroughfares. She explained if the route
AGENDA REVIEW SESSION FEBRUARY 19 2015 39
were closed, residents would not be able to get out of their driveways and streets, and it is not
logical to attempt to close main thoroughfares to traffic. Ms. Roos read the comments by the
Police Department regarding the River Park Parade participants throwing items from the floats
and causing injury to bystanders.
BOARD RECESSES
Upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the Board recessed at 12:13
p.m. and announced they would reconvene at 3:30 p.m. today for the purpose of opening
proposals received late due to extreme weather conditions.
BOARD RECONVENES
Upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the Board reconvened at 3:30
p.m. Mr. Gilot explained that the weather conditions were out of the control of the Board and
FedEx was unable to make deliveries on time. Mr. Eric Horvath, Public Works Director, noted
the additional proposals received this afternoon were all dated by the mail service before today's
opening. He added that no amounts were read into the record at this morning's meeting, so there
was no advantage possible.
OPENING OF PROPOSALS — EQUIPMENT PURCHASE FOR NOTRE DAME TURBO AT
IGNITION PARK — AIR COMPRESSORS— PROJECT NO. 114-083A RIVER WEST
DEVELOPMENT AREA TIF
The following proposals were opened by the Board and the names read into the record:
INGERSOLL RAND
2501 Landmeier Road
Elk Grove Village, IL 60007
Proposal was signed by: Jason Grodeon, Account Manager
IPS
2108 Crown View Drive
Charlotte, NC 28227
Proposal was signed by: Ed Borkey, P.E.
Mr. Schmidt noted that Ingersoll Rand provided their own terms and conditions and did not
included the Affidavit. He stated IPS submitted two options. Upon a motion by Ms. Roos,
seconded by Mr. Relos and carried, the proposals were referred to the review committee for
review and recommendation.
OPENING OF PROPOSALS — E UIPMENT PURCHASE FOR NOTRE DAME TURBO AT
IGNITION PARK — VACUUM BLOWER SYSTEM -- PROJECT NO. 114-083B RIVER
WEST DEVELOPMENT AREA TIF)
The following proposal was opened by the Board and the names of the companies read into the
record:
_DRESSER, INC., A GE OIL & GAS COMPANY
900 West Mount Street
Connersville, IN 47331
Proposal was signed by: Philip Baker, Commercial Manager
Attorney Schmidt noted Dresser provided their own terms and conditions and added comments
and clarifications to their proposal. Upon a motion by Mr. Gilot, seconded by Ms. Roos and
carried, the proposal was referred to the review team.
No other business came before the Board. Upon a motion by Mr. Gilot, seconded by Ms. Roos
and carried, the meeting adjourned at 3:45 p.m.
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
AGENDA REVIEW SESSION FEBRUARY 19, 2015 40
avid P. Relos, Member
Member
Member
Member
ATTEST:
inda M. Martin, Clerk
REGULAR MEETING FEBRUARY 24 2015
The Regular Meeting of the Board of Public Works was convened at 9.34 a.m. on Tuesday,
February 24, 2015, by Board President Gary A. Gilot, with Board Members David Relos, and
Patrick Henthorn present. Board members Kathryn E. Roos and Brian Pawlowski were absent.
Also present was Board Attorney Michael Schmidt. Lee Bene, Secretary, was present as acting
Clerk of the Board.
CHANGES TO THE AGENDA
Mr. Gilot noted the addition to the agenda of Resolution No. 09-2015, Adopting Common
Construction Wage Rates. Also noted was the removal of the Letter of Intent with Activate
Healthcare, LLC.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Gary Gilot, seconded by David Relos and carried, the minutes of the
Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on February 5,
2015, February 10, 2015, and February 17, 2015, were approved.
OPENING OF BIDS 2015 TRUCKING OF BELT PRESSED BIO-SOLIDS FOR LAND
APPLICATION (ORGANIC RESOURCES CONTRACTUAL SERVICES)
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proofs of publication of Notice in the South Bend Tribune and the Tri-
County News, which were found to be sufficient. The following bids were opened and publicly
read:
TRUCKS R US INC.
23942 State Road 2
South Bend, IN 46619
Bid was signed by: Casey D. Berger, Secretary
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding
Investment with Iran, Employment Eligibility Verification, Non -Discrimination
Commitment for Contractors and Certification of Use of United States Steel Products or
Foundry Products was submitted.
Ten percent (10%) Bid Bond was submitted.
BID: $85.00 per truck, per hour
FANIO SERVICES, INC.
28015 State Road 23
North Liberty, IN 46554
Bid was signed by: Cindy Elliott, President
Contractor's Non -Collusion Affidavit, Non -Debarment Affidavit, Certification Regarding
Investment with Iran, Employment Eligibility Verification, Non -Discrimination