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HomeMy WebLinkAbout05/21/2015 Agenda ReviewAGENDA REVIEW SESSION MAY 21,2015 157 The Agenda Review Session of the Board of Public Works was convened at 10:40 a.m. on May 21, 2015, by Board President Gary A. Uilot, with Board Members Kathryn Roos, David Relos, and Brian Pawlowski present. Board Member Elizabeth Maradik was absent. Also present was Attorney Michael Schmidt. Board of Public Works Clerk, Linda Martin, presented the Board with a proposed agenda of items presented by the public and by City Staff. OPENING OF BIDS — 2015 STREETS & SEWER MATERIALS — PROJECT NO. 115- 041(LRSA, MVH, SEWAGE OPERATIONS & MAINTENANCE SEWER INSURANCE & WATER WORKS OPERATIONS) 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 due to the number of items, the names of the bidders only, publicly read. Mr. Gilot announced that a bid tab would be posted on the City website. The Board was asked to read Items No 1, 4, 12, and 14 also. AMERICAN WIRE ROPE AND SLING 5005 Lincolnway East Mishawaka, IN 46544 Bid was signed by: Tony Kuroda 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 not submitted. Indiana Local Business Preference claim submitted. BERNATH, LLC DBA SEAL MASTER INDIANAPOLIS 1010 E. Sumner Ave Indianapolis, IN 46227 Bid was signed by: Jacob Bernath 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 Security Check was submitted. WALSH & KELLY 24358 State Road 23 South Bend, IN 46614 Bid was signed by: Dustin Hilary 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. Indiana Local Business Preference claim submitted OZINGA READY MIX 2341 W. Jefferson Street Plymouth, IN 46563 Bid was signed by: Scott Underwood 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. AGENDA REVIEW SESSION MAY21.2015 159 Bid was signed by: Tim Miller 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 Security Check was submitted. Indiana Local Business Preference claim submitted RIETH-RILEY CONSTRUCTION CO. INC. 25200 State Road 23 South Bend, IN 46614 Bid was signed by: Todd J. Kulczar 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. Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the above bids were referred to Engineering for review and recommendation. OPENING OF BIDS — HILL STREET IMPROVEMENTS PHASE II — PROJECT NO. 113- 024A (REDA 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: RIETH-RILEY CONSTRUCTION CO.. INC 25200 State Road 23 South Bend, IN 46614 Bid was signed by: Robert A. Nichols II 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 percent (5%) Bid Bond was submitted BID: $124,101.50 NORTHERN CONSTRUCTION SERVICES CORP PO Box 1299 Niles, MI 49120 Bid was signed by: Daniel L. Kulwicki, Jr. 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 percent (5%) Bid Bond was submitted BID: $173,486.00 WALSH & EELLY. INC. 24358 State Road 23 South Bend, IN 46614 Bid was signed by: Dustin Hilary AGENDA REVIEW SESSION MAY 21, 2015 160 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 percent (5%) Bid Bond was submitted BID: $149,899.30 SELGE CONSTRUCTION CO., INC. 2833 S. 11"' Street Niles, MI 49120 Bid was signed by: Robert Kuhns 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 percent (5%) Bid Bond was submitted BID: $171,596.00 Upon a motion made by Ms. Roos, seconded by Mc Relos and carried, the above bids were referred to Engineering and Community Investment for review and recommendation. Board members discussed the following item(s) from the agenda. - Reject Bids — Bi-Fuel Compressed Natural Gas/Gasoline Vehicle Conversions Mr. Matt Chlebowski, Central Services, stated they are asking to reject these bids on the conversions of vehicles to natural gas because they were not budgeted for. He explained that these are older vehicles that are more than halfway through their life cycle so they are not worth spending the funds on at this point. _ - Award Bids — Two -Way Radios Mr. Gilot asked if the Radio Shop had tested the frequency on these. Mr. Kevin Smith, Central Services, stated eventually they will have to increase their coverage for the digital radios, but they don't see any problems. He noted this is a not to exceed amount, and the bids came in under that amount. Mr. Gilot asked if each department will have their own channel. Mr. Smith stated that currently they do, but they won't with the new radios, they are not channel based. He stated they are based on talk channel availability and the system manages which channel based on use. Mr. Gilut questioned the purchase of the 800 MHz radios. Mr. Smith stated they determined those were too expensive. - Opening of Proposals — Safe Routes to School Ms. Roos stated these proposals are necessary because this project is a matching grant that is federally funded and requires a different process including a requirement to solicit proposals for the construction inspection services. Mr. Roger Nawrot noted the proposals have been advertised on the INDOT website for thirty (30) days. - Award Bid — Equipment Purchase for Nello Corporation Mr. Mike Carey, Engineering, informed the Board that this was the only bidder on this equipment and they were responsive. RATIFY OPEN MARKET PURCHASE AND AUTHORIZE NEGOTIATIONS EQUIPMENT PURCHASE FOR NOTRE DAME TURBO AT IGNIFION PARK CLOSED CIRCUIT COOLERS — PROJECT NO 114-038D (RWDA TIF) Attorney Michael Schmidt stated they are asking for authorization from the Board today to — engage this company, Baltimore Aircoil Company, c/o Sundquist Company, LLC to finalize their offer to be responsible to the other parties involved in the project. Ms. Roos requested they make sure they get late additions to the Clerk of the Board within twenty-four (24) hours in advance of the meeting to be appropriately placed on the agenda. Therefore, Ms. Roos made a motion that the recommendation be accepted and the City be authorized to negotiate a final agreement. Mr. Relos seconded the motion, which carried. - Reject Bids - Hotel LaSalle Renovations Mr. Michael Carey, Engineering, stated they are asking to reject the bids received for divisions C, D, and E due to WBE/MBE participation not met, and no good faith efforts shown on the part AGENDA REVIEW SESSION MAY 21,2015 161 of the bidders. He added they are still working on the award of divisions A, B, and F. Ms. Roos questioned if they are asking to rebid these. Attorney Michael Schmidt stated public bidding law allows the City to go out to the open market. He added they will still get three (3) quotes with the same specs. He noted the Open Market Special Purchase allows them to have the authority to negotiate with the bidder if good faith efforts are not met. Ms. Roos asked if they felt the non - responsiveness was due to the bidders not understanding the form, or they just simply didn't do it. Attorney Schmidt stated it is difficult to determine from what was submitted. He noted some of the bidders felt since they were doing the work themselves, they didn't need to meet the requirements. Mr. IIorvath concurred and stated that is a big part, some of the vendors are not accustomed to doing these types of projects and didn't feel it necessary to fill out the forms. Ms. Roos asked what the time frame to solicit quotes is. Mr. IIorvath stated it is a minimum of three (3) weeks. Mr. Gilot suggested wouldn't it be easier to hire one prime contractor and let them take care of these details. Mr. Horvath agreed, but explained they try to parcel out pieces of the bid, noting it's more difficult under redevelopment projects. Ms. Roos stated her concern is the commitment to the administration's priority to MBF/WBE contractors. She stated they need to commit and be consistent in their commitment. She added based on the conversations, she feels the bidders didn't understand the requirements of the forms. She noted it is important, therefore, to make sure there are mandatory pre -bid meetings to explain and answer the questions. Mr. Horvath stated they need to weigh in on the timing and if it is an issue to rebid; and the option to have a little more flexibility to negotiate. Attorney Schmidt noted they can negotiate, but it doesn't mean they need to compromise. Mr. Pawlowski stated the conversations he heard indicated the vendors didn't feel they needed to fill out the forms. Attorney Schmidt stated when the bidders see that their bids are rejected as non -responsive to the MBE/WBE requirements, they will realize the seriousness of the failure to complete the forms. - Revised Project Completion Affidavit — Pinhook Water Treatment Efficiency Improvements Mr. Toy Villa, Engineering, stated this is an amendment to the previous completion affidavit that the Board approved on September 9, 2014 subject to negotiations. He stated the liquidated damages were reduced from eighteen (18) to thirteen (13) days based on some damages L.D. Docsa was entitled to on the City's part. He added their attorney found a clause if the client doesn't pay within a certain time frame, the contractor can charge the City. Mr. Horvath explained they decided rather than they cut the City a check and the City cut them a check, it -- was agreed on to reduce the damages. - Reject Bids — Wastewater Treatment Plant Grit and Screening Improvements Mr. Al Greek, Environmental Services, stated the Engineer's estimate on this project was $1,500,000.00, but the bids came in at $2,500,000.00, exceeding the budget. Mr. Horvath stated they are having the Engineer of record do an analysis and they will take a look at where it went wrong. - Professional Services Agreement — Greeley and Hansen, LLC Ms. Roos stated the cost of this agreement, $74,000.00 shouldn't be on the City, it should fall on the general contractor. She asked if that should be noted somewhere in a memo or letter to the contractor. Attorney Schmidt stated there will be a record in the Minutes of the Board and the memo in the file prepared by Environmental Services. - Professional Services Agreement — OJS Building Services, Inc. Ms. Roos asked Mr. Jim Monroe, Morris Performing Arts Center, when was the last time this was bid. He stated it was bid last year and he created a quote package this year and this was the lowest of three (3) quotes received. She asked why he is asking for a three (3) year agreement. Mr. Monroe stated it gives guaranteed pricing that won't increase. - Non -Residential Block Party Ms. Faheemah Fowler, Applicant, stated she was asked to come to the Board meeting to address any questions the Board might have regarding her block party application. She explained her block party request was for a graduation party for one individual, not the whole block. She noted, however, that the whole block is in compliance, and there are a number of other Riley High School students on the block. She stated everyone is excited and all the neighbors signed off and will attend. She stated she spoke to City staff and they gave her direction on what form to use. Mr. Gilot apologized for the miscommunication she received from City staff, but the Board got away from private block parties several years ago and they are afraid this will set a precedent. Mr. Gilot stated in the past when someone has wanted to close a street for a private party the Board has recommended thy use a park facility close to their home, and suggested Rum Village Park picnic shelter as an altemative. Ms. Fowler said she would like Rum Village. Mr. Gilot asked her to work with Mr. Pawlowski on getting a shelter at Rum Village Park. He added her AGENDA REVIEW SESSION MAY 21, 2015 162 request to have her party beyond the 8:00 limit for block parties would not be a problem, noting she would need to follow the noise ordinance which allows noise until 11:00 p.m. at the latest. - Traffic Restriction - One (1) Four (4) Hour Handicapped Parking Sign — Colfax Ave. and Michigan St. Ms. Roos questioned why this four (4) hour limit sign was being requested. Ms. Martin explained this request is to allow enough time for handicapped parking for shows at the Morris Performing Arts Center. No other business came before the Board. Upon a motion by Mr. Gilot, seconded by Ms. Roos and carried, the meeting adjourned at 11:52 a.m. BOARD OF PUBLIC WORKS a Gary A. Gilot, President David P. Relos, Member Roos, ATTEST: i dam M. Martin, Clerk Member REGULAR MEETING MAY 26 2015 The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on May 26, 2015, by Board President Gary A. Gilot, with Board Members David Relos, Kathryn E. Roos, and Elizabeth Mamdik present, Board Member Brian Pawlowski joined the meeting in progress at 9:38 a.m. Also present was Board Attorney Michael Schmidt. ADDITION TO THE AGNEDA Mr. Gilot noted the addition to the agenda of Resolution No. 24-2015. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the Minutes of the Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on May 7, 2015, May 12, 2015, and May 19, 2015, were approved. PUBLIC HEARING — NEW MASSAGE ESTABLISHMENT LICENSE — TOP ORIENTAL MASSAGE PARLOR _ Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a new Massage Establishment license for the new owners of the Top Oriental Massage Parlor, 421 N. Hickory Rd., South Bend, IN. He opened the Hearing and noted favorable recommendations were received from the Fire Department, Building Department, and Police Department. Mr. Gilot asked if there was anyone present wishing to speak for or against the issue of the license. There being no one present wishing to address the Board concerning this matter, the Public Hearing was closed. Therefore, upon a motion made by Ms. Roos, seconded by Mr. Relos and carried, the License application was approved.