THE BOARD OF PUBLIC WORKS AND SAFETY HELD ITS REGULARLY SCHEDULED MEETING FOR WEDNESDAY AUGUST 15, 2012 IN THE COUNCIL LOUNGE, SECOND FLOOR, CITY HALL

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1 THE BOARD OF PUBLIC WORKS AND SAFETY HELD ITS REGULARLY SCHEDULED MEETING FOR WEDNESDAY AUGUST 15, 2012 IN THE COUNCIL LOUNGE, SECOND FLOOR, CITY HALL MEMBERS PRESENT DELVERT COLE, PRESIDENT M. CELITA GREEN, VICE PRESIDENT NIQUELLE ALLEN, SECRETARY MEMBERS ABSENT CLOTEAL LABROI, ESQ., DIRECTOR Meeting called to order at 10:07a.m. CLAIMS: SEE EXHIBIT A RATIFICATION OF CLAIMS PAID ON AUGUST 9, 2012 PROTECTIVE SERVICE $ LAW ENF TRAINING $ TOTAL CLAIMS PAID $ Mr. President, I move that we ratify claims for August 9, RATIFICATION OF CLAIMS PAID ON AUGUST 10, 2012 GENERAL FUND $ 32, PROTECTIVE SERVICE $ MOTOR VEHICLE HWY $ CONSOLIDATED AREA $ TOTAL CLAIMS PAID $ 44, Mr. President, I move that we ratify claims for August 10,

2 BOARD LISTING FOR AUGUST 15, 2012 RATIFICATION OF PAYROLL FOR AUGUST 10, 2012 TOTAL PAYROLL $ 1,605, TOTAL PAID $ 1,605, Mr. President, I move that we ratify payroll for August 10, BOARD LISTING FOR AUGUST 15, 2012 APPROVAL OF CLAIMS TO BE PAID ON AUGUST 15, 2012 GENERAL $ 217, YOUTH SERVICES BUREAU $ BROWNFIELD FUND $ 11, PROTECTIVE SERVICE $ EMERGENCY SHELTER $ COMP COURT $ AMBULANCE $ LAW ENF TRAINING $ LOCAL ROADS AND STREETS $ 12, MOTOR VEHICLE HWY $ 14, SOLID WASTE RECYC $ HHS $ PARK DEPT. $ BIO TERRORISM $ COMMUNITY DEVELOPMENT $ 115, MEDIA FUND $ CCD $

3 WCI/ UCI BENEFIT $ 14, FILMING FEES $ HPRP $ 15, TRUCK CITY GARY $ 48, SPECIAL REVENUE $ 272, HOME PROGRAM $ MARQUETTE PARK $ GOLF COURSE FUND $ 12, EMPOWERMENT ZONE $ 29, REDEVELOPMENT BOND $ NOTE PAYMENTS $ 29, ECONOMIC DEVELOPMENT TRUST $ NEIGHBORHOOD STABILIZATION $ 59, TOTAL TO BE PAID $626, Mr. President, I move that we approve claims for August 15, AWARDS REHAB AND LEAD REMOVAL FOR 632 W. 45 th AVENUE COMMUNITY DEVELOPMENT 3700 LINCOLN STREET 500 E. 49 TH AVENUE FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 632 W. 45 TH AVENUE DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 632 W. 45 th Ave. The bidders and the bid amounts are as detailed in the attached bid tabulation analysis. Based upon our review, the following is the lowest, responsible, and responsive bidder for the property. D & R Construction 632 W. 45 th Ave. $11,

4 We therefore recommend that he bid be awarded to this company. NSP PROPERTIES BID OPENED: W. 45 TH Avenue: Cost Estimate $10,601.80; 20%= $ Recommended bid range: $ $12, EJ Construction Inc.: Bid $13, Too high! 2. A+ Rehab Inc.: Bid $15, Too high! 3. Downtown Construction: Bid No bid 4. Myers Builders: Bid $23, Too high! 5. New Level Construction: Bid No bid. 6. TMC Unique J.V.:Bid $13, Too high! 7. Dunes Construction: Bid $22, Too high! 8. Invictius Construction: Bid $20, Too high! 9. Divine Dwelling: Bid $30, Too high! 10. D& R Construction: Bid $11, Within the 20% threshold 11. JMD Construction: Bid $11, Within the 20% threshold Recommendation: D&R Construction Mr. President, I move that we approve the recommendation of the Department to award the property at 632 W. 45 th Avenue to D&R Construction. FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 3700 LINCOLN STREET DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 3700 Lincoln Street. The bidders and the bid amounts are as detailed in the attached bid tabulation analysis. While TMC Unique JV was the apparent low bidder, no documentation was presented to support that there is actually a contractual joint venture relationship between the two contractors. Additionally, TMC signed off as the bidder on this project and TMC is not a general contractor. Per our bid specifications, only general contractors may bid on our work. 4

5 Accordingly, based upon our review, the following is the lowest, responsible, and responsive bidder for the property. JMD Construction, LLC 3700 Lincoln Street $10, We are therefore recommending that he bid be awarded to this company and that a contract be approved by the Board of Public Works. Accordingly, I am requesting that this contract be placed on the Board of Public Works agenda for approval at its next meeting. If you have questions, do not hesitate to contact me. NSP PROPERTIES BID OPENED: Lincoln Street: Cost Estimate $ ; 20%= $ Recommended bid range: $ $ 11, EJ Construction Inc.: Bid $15, Too high! 2. A+ Rehab Inc.: Bid No bid 3. Downtown Construction: Bid No bid 4. Myers Builders: Bid $17, Too high! 5. New Level Construction: Bid No bid. 6. TMC Unique J.V.:Bid $10, within the 20% threshold 7. Dunes Construction: Bid $16, Too high! 8. Invictus Construction: Bid No bid 9. Divine Dwelling: Bid $14, Too high! 10. D& R Construction: Bid No bid. 11. JMD Construction: Bid $10, within the 20% threshold Recommendation: Please be advised that although TMC Unique JV is the lowest, most responsive, and responsible bidder, it has recently been discovered that TMC is not a licensed, general contractor. TMC is a sub contractor. As a result, TMC is not eligible for recommendation at this time. Please accept the second lowest, most responsive, and responsible bidder: JMD Construction. Mr. President, I move that we approve the recommendation of the Department to award the contract for 3700 Lincoln Street to JMD Construction. 5

6 FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 500 E. 49th AVENUE DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 500 E. 49 th Ave. The bidders and the bid amounts are as detailed in the attached bid tabulation analysis. Based upon our review, Dunes Construction, LLC is the lowest, responsible, and responsive bidder at $22, I am requesting that the attached contract be placed on the Board of Works agenda for approval at its next meeting. If you have any questions, do not hesitate to contact me. NSP PROPERTIES BID OPENED: E. 49 th Avenue: Cost Estimate $22,503.55; 20%=$ Recommended bid range: $ 18, $ 27, D&R Construction: Bid $24, Within the 20% threshold 2. Indy Enterprise: Bid $22, Within the 20% threshold 3. GEO AL Construction: Bid $15, Too low! 4. Downtown Construction: Bid $27, Too high! 5. New Level Construction: Bid $39, Too high! 6. Dunes Construction.: Bid $22, Within the 20% threshold 7. Invictus Construction: Bid $41, Too high! 8. Myers Builders: Bid $17, Too low! 9. EJ Construction: Bid=$31, Too high! Recommendation: Dunes Construction Although Indy Enterprise was the lowest bidder, they were not the most responsive and responsible bidder. Mr. President, I move that we approve the recommendation of the Department to award the contract for 500 E. 49 th Avenue to Dunes Construction. D. Cole: It s been moved and properly second. Are there any comments/ questions? I do have a question. The letter indicated in the analysis that Indy Enterprise was the lowest bidder. Indy Enterprise was $22, but it also shows that GEO Construction bidded $15, In the notation it says too low but they did not address why that company was not selected. So I would like to modify the request to be approved pending information about why GEO was also not selected as the lowest bidder. 6

7 CORRESPONDENCES AND AGREEMENTS CORRESPONDENCE FROM THE LAW DEPARTMENT RE: a Public Private Partnership Between the City of Gary and the Gary Railway Company N. Allen: FROM: SCHENELLL MCCLENDON, ASST. CITY ATTORNEY RE: PUBLIC PRIVATE PARTNERSHIP AGREEMENT GARY RAILWAY COMPANY DATE: JULY 31, 2012 The Law Department has reviewed the attached Public Private Partnership Agreement between the Gary Railway Company (Sub Grantee) and the City of Gary (Grantee). The contract is for work to be performed starting on August 1, Pursuant to the contract, the Sub Grantee will be paid the amount of the actual project cost up to $606, The contract is in proper and legal form and is sufficient to adequately protect the interest of the City of Gary. The Law Department did not negotiate said contract and therefore makes no comment on the terms contained therein. The Law Department does not monitor the performance of the contractor. Attached is the agreement. Which is basically an agreement where the City of Gary is acting as a sponsor for the Gary Railway Company to receive funding for a locomotive retrofit for environmental purposes in the City of Gary. And the amount is $606, That amount will be paid through the State, through NIRPC. Not through the City of Gary. The City of Gary is basically a sponsor to acquire the funds on behalf of the Gary Railway Company. I move that we approve the Public Private Partnership. Second 7

8 CORRESPONDENCE FROM THE DEPARTMENT OF GREEN URBANISM RE: Contract for Chauncre Sprouse N. Allen: TO: CLOTEAL LABROI, DIRECTOR FROM: LAUREN RIGA, DIRECTOR RE: GARY CARE II COORDINATOR DATE: AUGUST 15, 2012 Mrs. Chauncre Sprouse is the new Care Level II Project Coordinator. Her contract is for up to $ 9, until the program deliverables have been completed and submitted to the EPA for the completion of the Care II Program. Mrs. Sprouse will finish the Healthy Children/Healthy Homes/Healthy Neighborhoods Initiative to guide the implementation of our Community Action Plan (CAP) priorities and aid to fulfill the deliverables of the EPA grant agreement. FROM: SCHENELLL MCCLENDON, ASST. CITY ATTORNEY RE: PROFESSIONAL SERVICES CONTRACT FOR CHAUNCRE SPROUSE DATE: JULY 31, 2012 The Law Department has reviewed the attached Professional Services Contract between Chauncre Sprouse and the City of Gary. The contract is for work to be preformed between June 6, 2012 and September 30, Pursuant to the contract, the contractor will be paid an amount not to exceed $9, The contract is in proper legal and is sufficient to adequately protect the interest of the city of Gary. The Law Department did not negotiate said contract and therefore makes no comment on the terms contained therein. The Law Department does not monitor the performance of the contractor. Also attached is a QC 40. CONTRACT FOR PROFESSIONAL SERVICES The agreement is effective as of June 6, 0212 by and between the City of Gary, Indiana and Chauncre Sprouse 1. Scope of Services The services to be performed by the contractor on behalf of the City are as follows: 1.1 Contractor shall serve as the Gary CARE (Community Action for a Renewed Environment) Partnership Coordinator. As such she will be responsible for maintaining and building the Gary CARE Partnership and to further facilitate the planning and implementation of the transition of the Partnership to an independent 501c3 that can continue to carry out and update the Community Action Plan developed in the CARE Level 1 Planning Project. Partnership Coordinator will also work with the CARE Partnership, City of Gary Departments, Gary Residents and other grant staff to manage and implement the Care Level II Community Action for Healthy Children, Healthy Homes, and Healthy Neighborhood Grant Program 2. Term of Agreement 2.1 This contract shall be for a term commencing on the effective date and expiring September 30,

9 3. Compensation As compensation for satisfactory performance City agrees to pay contractor an amount not to exceed $ Mr. President, I move that we ratify the agreement between the City of Gary and Mrs. Sprouse as the new Care Level II Project Coordinator. CORRESPONDENCE FROM THE MIS DEPARTMENT RE: Contract for OnSite Computers, LLC Deferred until next week CORRESPONDENCE FROM THE DEPARTMENT OF COMMUNITY DEVELOPMENT RE: Contracts for 632 W. 45 th Avenue 3700 Lincoln Street 500 E. 49 th Avenue FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 632 W. 45 TH AVENUE DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 632 W.45 th Ave. The bidders and the bid amounts are as detailed in the attached bid tabulation analysis. Based upon our review, the following is the lowest responsible and responsive bidder for the property. D & R Construction 632 W. 45 th Avenue $11, TO: ARLENE D. COLVIN, DIRECTOR FROM: INGA LEWIS SHANNON, ATTY. RE: NSP 1 DATE: AUGUST 8, 2012 The Law Office of Inga Lewis Shannon has reviewed the attached Neighborhood Stabilization Program Rehab Services Contract (NSP 1) between D & R Construction Co. Inc. and the City of Gary. The contract is for work to commence within 5 days of the Notice to Proceed at 632 W. 45 th Avenue. Pursuant to 9

10 the contract, the Contractor will be paid an amount not to exceed $11, The agreement is in proper legal form and is sufficient to adequately protect the interests of the City of Gary. The Law Office of Inga Lewis Shannon did not negotiate said contract and therefore makes no comment on the terms contained therein. The Law Office of Inga Lewis Shannon does not monitor the performance of the contractor. A QC 40 and Notice to Proceed is attached. 3. Time of Completion 3.1 Contractor agrees to start work immediately upon written Notice to Proceed. If the Contractor fails to commence work within the time specified the Community Development Department has the right to terminate the agreement Such termination shall be in writing. Contractor agrees to complete work within 45 calendar days Mr. President I move that we approve the agreement between the Community Development Department and D & R Construction for the property at 632 W. 45 th Ave. N. Allen: Second FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 3700 LINCOLN STREET DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 3700 Lincoln Street. The bid was awarded to the following lowest, responsible, and responsible bidder for the listed property: JMD Construction, LLC. $10, TO: ARLENE D. COLVIN, DIRECTOR FROM: INGA LEWIS SHANNON, ATTY. RE: NSP 1 DATE: AUGUST 8, 2012 The Law Office of Inga Lewis Shannon has reviewed the attached Neighborhood Stabilization Program Rehab Services Contract (NSP 1) between JMD Construction Co. Inc. and the City of Gary. The Contract is 10

11 for work to commence within 5 days of the Notice to Proceed at 3700 Lincoln St. Pursuant to the contract, the Contractor will be paid an amount not to exceed $10, The agreement is in proper legal form and is sufficient to adequately protect the interests of the City of Gary. The Law Office of Inga Lewis Shannon did not negotiate said contract and therefore makes no comment in the terms contained therein. The Law office of Inga Lewis Shannon does not monitor the performance of the contractor. QC 40 is attached. 3. Time of Completion 3.1 Contractor agrees to start work immediately upon written Notice to Proceed. If the Contractor fails to commence work within the time specified the Community Development Department has the right to terminate the agreement Such termination shall be in writing. Contractor agrees to complete work within 45 calendar days Mr. President I move that we approve this contract between the City of Gary and JMD Construction LLC for the property at 3700 Lincoln St. N. Allen: Second FROM: ARLENE D. COLVIN, DIRECTOR RE: APPROVAL OF CONTRACT 500 E. 49 th AVENUE DATE: AUGUST 10, 2012 Bids were received by the Board of Public Works and Safety for the rehabilitation of 500 E. 49 th Avenue. The bid was awarded to the following lowest, responsible, and responsible bidder for the listed property: Dunes Construction, LLC. $22, TO: ARLENE D. COLVIN, DIRECTOR FROM: INGA LEWIS SHANNON, ATTY. RE: NSP 1 DATE: AUGUST 8,

12 The Law Office has reviewed the attached CDBG Housing Repair Services Contract between Dunes Construction LLC and Sandra D. Hunt. The contract is for work to commence within 5 days of the Notice to Proceed at 500 E. 49 th Ave. Pursuant to the contract, the Contractor will be paid an amount not to exceed $22, The agreement is in proper legal form and is sufficient to adequately protect the interests of the City of Gary. The Law Office of Inga Lewis Shannon did not negotiate said contract and therefore makes no comment in the terms contained therein. The Law office of Inga Lewis Shannon does not monitor the performance of the contractor. QC 40 is attached. 3. Time of Completion 3.1 Contractor agrees to start work immediately upon written Notice to Proceed. If the Contractor fails to commence work within the time specified the Community Development Department has the right to terminate the agreement Such termination shall be in writing. Contractor agrees to complete work within 45 calendar days Mr. President I move that we approve the Agreement between Dunes Construction, LLC, Sandra D. Hunt and the Department of Community Development N. Allen: Second D. Cole: It s been moved and properly second. Are there any comments/ questions? N. Allen: Yes, we have to make it contingent upon receipt of the information for the award. I would modify that motion to make it contingent upon receiving information regarding the other lowest bidder GEO AL. 12

13 D. Cole: May I have a motion to adjourn this meeting? Move to adjourn. D. Cole: It s been moved and properly second that the meeting for the Board of Public Works and Safety for August 15, 2012 be adjourned. Ordered and so moved. BOARD OF PUBLIC WORKS AND SAFETY DELVERT COLE, PRESIDENT M. CELITA GREEN, VICE PRESIDENT NIQUELLE ALLEN, SECRETARY ATTEST: CLOTEAL LABROI, ESQ., DIRECTOR BOARD OF PUBLIC WORKS AND SAFETY AUGUST 15,