NOTICE PROTESTS ALL PROTESTS MUST BE RECEIVED NO LATER THAN 12:00 NOON ON TUESDAY, PRECEDING THE BOARD OF ESTIMATES' MEETING. ALL PROTESTS MUST BE IN WRITING AND STATE: 1. whom you represent, 2. what the issues are, and 3. how the protestant will be harmed by the proposed Board of Estimates' action. Please submit all protests to Board of Estimates, Attn: Clerk, Room 204 City Hall, 100 N. Holliday Street, Baltimore, Maryland 21202. AGENDA BOARD OF ESTIMATES 4/28/10 BOARD OF ESTIMATES' AGENDA ­ APRIL 28, 2010 * * * * * * * * * * THE DEPARTMENT OF FINANCE WILL PRESENT THE PROPOSED ORDINANCE OF ESTIMATES FOR FY 2011 AND AN ORDINANCE TO LEVY AND COLLECT A TAX AND REQUEST AUTHORIZATION TO ADVERTISE THE ORDINANCE OF ESTIMATES 1 AGENDA BOARD OF ESTIMATES 4/28/10 1. Department of Finance ­ Six Year Capital Improvement Program ACTION REQUESTED OF B/E: The Board is requested to adopt the Six-Year Capital Improvement Program for Fiscal Year 2011 through 2016. BACKGROUND/EXPLANATION: The Department of Finance completed its review of the Six-Year Capital Improvement Program for Fiscal Years 2011 through 2016 and recommends adoption. As required by City Charter, the first year of this program represents the Capital Budget for Fiscal Year 2011 and will be included in Part B of the proposed Ordinance of Estimates. The Six-Year Capital Improvement Program is summarized as follows: Dollars in Millions Annual Source 2011 2012 2013 2014 2015 2016 Total Average G.O. Bonds 60.0 50.0 50.0 50.0 50.0 50.0 310.0 88.6 General Fund 2.0 3.1 2.8 2.8 2.8 2.8 16.3 4.6 Motor Vehicle Revenue 0.0 0.0 15.0 15.0 15.0 15.0 60.0 17.1 Revenue Loans 117.9 139.3 106.2 201.5 125.5 38.9 729.2 208.3 Federal 85.7 23.0 60.4 19.5 35.3 20.8 244.7 69.9 State 296.6 35.1 237.7 11.6 11.6 11.6 604.0 172.6 Other 111.6 143.5 71.4 472.7 96.8 42.2 938.3 268.1 Total 673.8 393.9 543.6 773.1 336.9 181.2 2902.5 829.3 2. Board of Finance ­ Six Year Capital Improvement Program The Board of Finance is scheduled to review and make a recommendation to the Board of Estimates on the FY 2011 ­ 2016 Capital Improvement Plan (CIP) at the next scheduled meeting of the Board of Finance on April 26, 2010. As you are aware, by City Charter the review schedule for the CIP includes an endorsement by the Board of Finance. Immediately following the meeting a formal letter of recommendation will be provided to the Board of Estimates. 2 AGENDA BOARD OF ESTIMATES 4/28/10 BOARDS AND COMMISSIONS 1. Prequalification of Contractors In accordance with the Rules for Qualification of Contractors, as amended by the Board on October 30, 1991, the following contractors are recommended: Bay Associates Environmental, Inc. $ 1,206,000.00 E.J. Breneman, L.P. $ 20,208,000.00 Chesapeake Containment Systems, Inc. $ 1,638,000.00 Commercial Interiors, Inc. $ 8,000,000.00 Design Plus Sprinkler, Inc. $ 1,500,000.00 E & R Services, Inc. $ 729,000.00 Joseph B. Fay Co. $ 332,512,000.00 J.G. Leone Enterprises $ 1,500,000.00 Severn Construction Services, LLC. $ 25,000,000.00 Tito Contractors, Inc. $ 8,000,000.00 York Specialty, LLC $ 1,500,000.00 2. Prequalification of Architects and Engineers In accordance with the Resolution Relating to Architectural and Engineering Services, as amended by the Board on June 29, 1994, the Office of Boards and Commissions recommends the approval of the prequalification for the following firms: A. Morton Thomas and Associates, Inc. Architect Engineer Property Line Survey Aresolve Engineering, Inc. Engineer Cho Benn Holback & Associates, Inc. Architect Duffield Associates, Inc. Engineer Hatch Mott MacDonald Architect Engineer Land Survey Property Line Survey 3 AGENDA BOARD OF ESTIMATES 4/28/10 BOARDS AND COMMISSIONS ­ cont'd JSR Associates, Inc. Architect Modjeski and Masters, Inc. Engineer Penza Bailey Architects Architect Rummel, Klepper & Kahl, LLP Engineer Land Survey Shah & Associates, Inc. Engineer Tylin International Engineer 4 AGENDA BOARD OF ESTIMATES 4/28/10 Department of General Services ­ Minor Privilege Permit Applications The Board is requested to approve the following applications for a Minor Privilege Permit. The applications are in order as the Minor Privilege Regulations of the Board and the Building Regulations of Baltimore City. LOCATION APPLICANT PRIVILEGE/SIZE 1. 405 W. Redwood Redwood Partnership, One vestibule St. LLP 7' x 2˝' Annual Charge: $ 491.75 2. 3407 Greenmount Ave. Union Memorial Awning w/ Hospital signage 24'9 x 4' Annual Charge: $ 131.52 3. 201 E. University Union Memorial Single face Parkway Hospital electric sign 93.94 sq. ft. Annual Charge: $ 131.52 4. 239 S. Broadway Estuardo Valdemar Retain flat Rodriguez sign 7'x 2' Annual Charge: $ 29.52 5. 1611 Bank Street Kaitis Dimitrius One cornice sign 6' x 1' Annual Charge: $32.20 5 AGENDA BOARD OF ESTIMATES 4/28/10 BGS ­ cont'd LOCATION APPLICANT PRIVILEGE/SIZE 6. NE Corner Charles/ Distributech Three Newspaper Lexington Streets Boxes NE Corner Charles/ Preston Streets NE Corner Charles/ Pleasant Streets Annual Charge: $ 70.20 These boxes are to be installed and maintained in accordance with Article 25, Subtitle 19 of the Baltimore City Code. There are no objections, since no protests were received. 6 AGENDA BOARD OF ESTIMATES 4/28/10 Mayor's Office of Employment ­ Agreements Development (MOED) The Board is requested to approve and authorize execution of the various agreements. 1. INNOVATIVE TECHNOLOGY CONSULTING $1,587.35 CORPORATION Account: 4000-805310-6310-681405-603051 The organization will provide 26 hours of training for one of its incumbent employees through the initiative known as Maryland Business Works. The incumbent will receive training in VMwarevSphere that includes installation, configuration, and management. The period of the agreement is April 13, 2010 through April 16, 2010. 2. MP3 CAR, INC. $1,475.00 Account: 4000-805310-6310-681505-603051 The organization will provide 35 hours of training for one of its incumbent employees through the initiative known as Maryland Business Works. The employee will complete the training course "Project Management Professional." The period of the agreement is May 10, 2010 through June 27, 2010. 3. THE BALTIMORE MUSEUM OF ART, INC. $ 197.50 Account: 4000-805310-6310-678000-603051 The organization will provide eight hours of training for one incumbent employee of The Baltimore Museum of Art, Inc. through an initiative known as Maryland Business Works. The employee will attend the Association of Fund Raising Professionals International Conference. The period of the agreement is April 12, 2010 through May 14, 2010. 7 AGENDA BOARD OF ESTIMATES 4/28/10 MOED ­ cont'd The agreements are late because the providers recently submitted the requested information. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The agreements have been approved by the Law Department as to form and legal sufficiency.) 8 AGENDA BOARD OF ESTIMATES 4/28/10 Mayor's Office of Employment ­ Revised Budget Development (MOED) ACTION REQUESTED OF B/E: The Board is requested to approve a revised budget for the agreement with the Historic East Baltimore Community Action Coalition (HEBCAC). AMOUNT OF MONEY AND SOURCE: $ 557,911.00 - 1001-000000-6330-475905-603051 106,704.00 - 6015-601510-6390-475905-603051 $ 664,615.00 ­ Revised Budget BACKGROUND/EXPLANATION: On July 1, 2009, the Board approved the initial agreement for one year in the amount of $695,911.00. On December 9, 2009, the Board approved revisions to the budget as follows: General Funds Weinberg Foundation Total Revised Amount $632,911.00 $ 43,524.00 $676,435.00 The net result was a decrease in the level of funding in the amount of $19,476.00. The City general funds were decreased by $63,000.00 and the Weinberg funds were added in the amount of $43,524.00; making the revised contract amount of $676,435.00. This second revision will revise the total budget as follows: General Funds Weinberg Foundation Total Revised Amount $557,911.00 $106,704.00 $664,615.00 This second revision will result in a decrease in funding by $11,820.00. The City general funds will be decreased by $75,000.00 and Weinberg funds will be increased by $63,180.00; making the total level of funding $664,615.00. APPROVED FOR FUNDS BY FINANCE AUDITS NOTES THE REVISIONS. 9 AGENDA BOARD OF ESTIMATES 4/28/10 Mayor's Office of Employment - TRANSFER OF LIFE-TO-DATE Development SICK LEAVE The Board is requested to approve the transfer of LIFE-TO-DATE sick leave days from the listed City employees to the designated employee, Margaret Flannery. The transfer of sick leave days is necessary in order for the designated employee to remain in pay status with continued health coverage. The City employees have asked permission to donate the sick leave days that will be transferred from their LIFE-TO-DATE sick leave balances as follows: NAMES DAYS Donald Peregoy 5 George Mills 5 Frank Triolo 5 Cheryl Horton 5 Myra Williams 4 Ernest Dorsey 2 Patricia Brooks 1 Denise Drinkard 1 Hikmet Karagozlu 1 Tyrone Vaughn 1 Total 30 APPROVED FOR FUNDS BY FINANCE THE LABOR COMMISSIONER RECOMMENDED APPROVAL. 10 AGENDA BOARD OF ESTIMATES 4/28/10 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount Dept. of Housing and Community Development (DHCD) ­ Options 1. Ellen G. Politzer 2224 E. Lanvale G/R $ 770.00 St. $84.00 Funds will be transferred prior to settlement into account 9912-904488-9591-900000-704040, American Brewery Project. 2. Joan Merowitz 1719 Barclay St. G/R $ 466.66 Jacobs $70.00 Funds will be transferred prior to settlement into account 9910-907079-9588-900000-704040, Scattered Site Ground Rent Acquisition Project. 3. Michael Connor 2796˝ Tivoly Ave. L/H $44,000.00 Funds are available in account 9990-908326-9593-900000- 704040, Coldstream-Homestead- Montebello Project. Recission of a Condemnation and Approval an Option: 4. William C. Bullitt, 1212 N. Caroline G/R $ 419.00 Thomas W. Bullitt, St. $57.16 Philip H. Ward, IV, Wachovia Bank, N.A., Trustees under Item 6 of the Last Will & Testament of Orville H. Bullitt, deceased 11 AGENDA BOARD OF ESTIMATES 4/28/10 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount Dept. of Housing and Community Development (DHCD) ­ Options On October 21, 2009, the Board approved acquisition by condemnation of the ground rent interest in the amount of $381.07. Since that time, the original owners have agreed to accept the City offer and would like to proceed with a voluntary settlement. Funds will be transferred prior to settlement into account 9910-906460-9588-900000-704040, Oliver Project. In the event that the option agreement/s fail and settlement cannot be achieved, the Department requests the Board's approval to purchase the interest in the above property/ies by condemnation proceedings for an amount equal to or lesser than the option amount. 12 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and ­ Acquisition by Gift Community Development (DHCD) ACTION REQUESTED OF B/E: The Board is requested to approve the acquisition of the property located at 2933 Riggs Avenue as a gift from Ms. Louise Singletary, subject to outstanding municipal liens, except for water bills. AMOUNT OF MONEY AND SOURCE: $600.00 ­ 9910-9588-908087-900000-704044 The City will pay for title work and settlement costs up to $600.00 BACKGROUND/EXPLANATION: The DHCD's Land Resources Division strategically acquires and manages vacant or abandoned properties, ultimately enabling these properties to be returned to productive use and improving Baltimore's neighborhoods. Ms. Singletary has offered to donate to the City title to the property located at 2933 Riggs Avenue. The City will receive clear and marketable title to the property subject only to certain municipal liens. The City has agreed to pay for title work and associated settlement costs. Acceptance of this donation is less costly than acquiring the property by tax sale foreclosure or eminent domain. The liens for 2933 Riggs Avenue are itemized as follows: Cumulative Real Property Taxes 1999-2010 2933 Riggs Avenue Total Tax $ 9,032.21 Interest/Penalties 3,995.52 Other 150.89 Tax Sale Interest 3,455.70 Miscellaneous Bills 8,704.87 Metered Water Account Tax Sale 1,918.62 Rental Registration 0.00 Total Municipal Liens $27,258.00 The municipal liens, other than current water bills, will be administratively abated after settlement. 13 AGENDA BOARD OF ESTIMATES 4/28/10 State's Attorney's Office ­ Cooperative Reimbursement Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a cooperative reimbursement agreement with the Maryland State Department of Human Resources, Child Support Enforcement Administration. The period of the agreement is October 01, 2009 through September 30, 2010. AMOUNT OF MONEY AND SOURCE: $ 959,455.00 ­ 4000-402810-1150-513300 (Federal Funds) 578,127.00 ­ 1001-000000-1150-117900 (General Funds) $1,537,582.00 BACKGROUND/EXPLANATION: This is an annual renewal of federal funding for Child Support Services provided by the Non-Support Division of the State's Attorney's Office. This grant has been in existence for over 25 years. This agreement is late because of stalled contract negotiations. APPROVED FOR FUNDS BY FINANCE. AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. (The cooperative reimbursement agreement has been approved by the Law Department as to form and legal sufficiency.) 14 AGENDA BOARD OF ESTIMATES 4/28/10 TRAVEL REQUESTS Fund Name To Attend Source Amount Office of the Inspector General 1. David Assoc. of Insp. Agency $655.00 McClintock General Spring Budget Conf. Indianápolis, IN May 11 - 14, 2010 (Reg. $325.00) Baltimore Police Department 2. Sharisse 2010 Internet N/A $0.00 Smith Crimes Against Children National Conference Jacksonville, FL May 10 ­ 14, 2010 All costs associated with this travel request will be reimbursed by the ICAC ­ Maryland Chapter. 3. Jeffrey M. The Remington Grant $1,730.00 Jocuns Factory Armorer's Funds School Illion, NY April 27 ­ 30, 2010 (Reg. $725.00) The subsistence rate for this location is $116.00 per day. The Department is requesting permission to rent a vehicle and funds to cover fuel to transport sensitive equipment to and from the school. The additional amount is included in the total. The closest airport to Illion, NY is 60 miles. Rental Vehicle $245.00 Fuel $180.00 15 AGENDA BOARD OF ESTIMATES 4/28/10 TRAVEL REQUESTS Fund Name To Attend Source Amount Baltimore Police Department - cont'd 4. Gayle B. Wireless N/A $0.00 Guilford Enterprise Sheree Symposium 2010 Briscoe Conference Orlando, FL April 25 ­ 30, 2010 The Department was selected as a finalist for the Wireless Leadership Award ­ Public Sector. Ms. Guilford and Ms. Briscoe are presenting at this conference and as a result all of their expenses are being paid for by the conference. There is no cost to the Department. Health Department 5. Aisha HIV/AIDS 2010 Ryan $1,433.08 Darby Social Work White Response Grant Fund Denver, CO May 27 ­ 30, 2010 (Reg. $275.00) The subsistence rate for this location is $224.00 per day. The department has paid for the conference registration in the amount of $275.00 on EA000034983. The airfare in the amount of $370.40 has been paid for on a City issued credit card assigned to Sherry Ketemepi. The aforementioned expenditures are included in the total. 16 AGENDA BOARD OF ESTIMATES 4/28/10 TRAVEL REIMBURSEMENTS Health Department 6. Kimberly Weingarten $1,189.73 On March 1, 2010 through March 4, 2010 Ms. Weingarten traveled to Albuquerque, New Mexico to attend the "The Introduction to Motivational Interviewing" seminar. The subsistence rate for this location is $137.00 per day. The Department is requesting reimbursement to Ms. Weingarten for airfare, hotel, occupancy taxes, food, transportation and conference registration expenses, all of which are included in the total. Airfare $316.30 Hotel $264.00 Occupancy Taxes $ 33.33 Transportation $ 30.00 Food $ 46.10 Registration $500.00 17 AGENDA BOARD OF ESTIMATES 4/28/10 Health Department ­ Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an agreement with the Family League of Baltimore City, Inc. The period of the agreement is October 1, 2009 through September 30, 2010. AMOUNT OF MONEY AND SOURCE: $559,377.00 - 5000-585210-5750-649896-603051 BACKGROUND/EXPLANATION: The organization will provide services for the Strategy to Improve Birth Options. Services will include leadership training, technical assistance, innovative evaluation and the development of a performance monitoring system. The period of the agreement is October 1, 2009 through September 30, 2010. The agreement is late because revisions had to be made to the boilerplate. MWBOO GRANTED A WAIVER. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The agreement has been approved by the Law Department as to form and legal sufficiency.) 18 AGENDA BOARD OF ESTIMATES 4/28/10 TRANSFERS OF FUNDS * * * * * * The Board is requested to approve the Transfers of Funds listed on the following pages: 20 - 23 In accordance with Charter provisions reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 19 AGENDA BOARD OF ESTIMATES 4/28/10 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Baltimore Development Corporation 1. $ 40,970.33 9910-904115-9600 22nd EDF Constr. Res. West Side Initiative 33,510.35 9910-903354-9600 22nd EDF Constr. Res. W. Balto. Ind. & Coml. Dev. 29,792.41 9910-902483-9600 22nd EDF Constr. Res. S. Balto. Ind. & Coml. Dev. 37,253.00 9910-905575-9600 22nd EDF Constr. Res. E. Balto. Ind. & Coml. Dev. 52,148.41 9910-901860-9600 22nd EDF Constr. Res. Ind. & Coml. Financial 7,459.95 9910-902873-9600 22nd EDF Constr. Res. Brownsfield Incentives Fund 37,204.55 9910-904982-9600 22nd EDF Constr. Res. Coml. Revitalization Program 40,971.38 9910-904115-9600 M&CC Constr. Res. West Side Initiative 20 AGENDA BOARD OF ESTIMATES 4/28/10 AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Baltimore Development Corporation 33,508.43 9910-903354-9600 M&CC Constr. Res. W. Balto. Ind. & Coml. Dev. 29,792.13 9910-902483-9600 M&CC Constr. Res. S. Balto. Ind. & Coml. Dev. 37,253.07 9910-905575-9600 M&CC Constr. Res. E. Balto. Ind. & Coml. Dev. 52,148.44 9910-901860-9600 M&CC Constr. Res. Ind. & Coml. Financial 7,461.00 9910-902873-9600 M&CC Constr. Res. Brownsfield I Incentive Fund 37,204.55 9910-904982-9600 M&CC Constr. Res. Coml. Revitalization Program $476,678.00 ---------------- 9910-905852-9601 Economic Dev. Incentives This transfer will provide funds to reimburse the Baltimore Development Corporation for eligible capital expenditures in connection with City-wide projects for the Fourth Quarter of Fiscal Year 2010. 21 AGENDA BOARD OF ESTIMATES 4/28/10 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Baltimore Development Corporation 2. $53,449.49 9910-902483-9600 9910-903483-9601 22nd EDF Constr. Res. S. Balto. S. Balto. Ind. Ind. & Coml. & Coml. Dev. Dev. This transfer will provide funds associated with the completion of the initial phase of a Traffic Impact Study (TIS) for the Video Lottery Terminal (VLT) project. Subsequent phases of the TIS will be paid for by the selected developer for the VLT project. Department of Housing and Community Development 3. $350,000.00 9910-902948-9587 9910-903208-9588 29th CDB Woodbourne/McCabe Woodbourne/McCabe FY2010 Reserve This transfer will provide funding for Woodbourne/McCabe acquisition and demolition of approximately twenty properties. Department of Transportation 4. $198,436.21 9950-904900-9507 Federal Constr. Res. Federal Aid Resurf. 22 AGENDA BOARD OF ESTIMATES 4/28/10 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S 49,609.05 9950-902426-9506 MVR Eastern Ave. Underpass $248,045.26 ----------------- 9950-904147-9527-2 Contingencies Charles St. Resurf. and Streetscape Madison St. to North Ave. This transfer will clear the deficit in the account and cover the costs associated with Change Order No. 37 through 40 of the Contract No. TR 04308R to Civil Construction, LLC. 23 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 1. DOUGLAS SIDNEY GRAPHIC DESIGN, INC. $ 6,867.05 Low Bid Solicitation No. 07000 ­ Youth Brochures ­ Mayor's Office of Employment Development ­ Req. No. R546174 2. NATIONAL SAFETY SUPPLY $ 6,375.00 Low Bid Solicitation No. 07000 ­ Ballistic Shield ­ Police Department ­ Req. No. R541546 3. SOCIAL SOLUTIONS $ 7,745.00 Sole Source Solicitation No. 08000 ­ Software Renewal ­ Mayor's Office of Employment Development ­ Req. No. Various The vendor is the sole provider of this proprietary software. 4. DOLLAMUR, LP $12,000.00 Low Bid Solicitation No. B50001386 ­ Swain Grappling Mats ­ Police Department ­ Req. No. R541596 5. HOME PARAMOUNT PEST CONTROL COMPANIES, INC. $24,000.00 Low Bid Solicitation No. B50001394 ­ Integrated Pest Management Services ­ Department of Health ­ Req. No. R542085 6. MILLENIUM AUTO $875.00 Ratification PARTS, INC. $ 0.00 Term Order Solicitation No. B50000975 ­ Used Foreign and Domestic Auto Parts ­ Department of Public Works ­ Req. No. P507524 On April 1, 2009, the Board approved the initial award in the amount of $24,000.00. Due to an administrative error, contract number B50000975 for Used Foreign and Domestic 24 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases Auto Parts expired on March 31, 2010, with two one-year renewal options remaining. However, the vendor continued to meet the City's needs. It is requested that expenditures from April 1, 2010 through April 27, 2010 in the amount of $875.00 be ratified, and that a term purchase order be approved under the same terms and conditions as B50000975, including the remaining one-year renewal option for the period April 1, 2010 through March 31, 2011. 7. BALTIMORE GAS & ELECTRIC COMPANY $ 5,863.00 Selected Source Solicitation No. 08000 ­ Connect Main Service Meter - Department of Recreation and Parks ­ Req. No. R543629 The Baltimore Gas and Electric Company provides the connections and services for new installations in the City of Baltimore. 8. GTSI CORP. $12,616.00 Selected Source Solicitation No. 06000 ­ Antivirus License Renewal - Department of Recreation and Parks ­ Req. No. R545087 This is for licenses for proprietary software already installed at the Department of Recreation and Parks. The period of the award is April 28, 2010 through April 27, 2011, with two one-year renewal options. 9. SPARKLE & SHINE JANITORIAL SERVICE $ 6,600.00 Low Bid Solicitation No. B50001409 ­ Janitorial Services ­ Department of Housing and Community Development ­ Req. No. R539215 The period of the award is May 1, 2010 through April 30, 2011, with three one-year renewal options. 25 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 10. SHARED TECHNOLOGIES, INC. $10,963.38 Selected Source Solicitation No. 06000 ­ Annual Maintenance for Octel Overture Voice Mail System ­ Office of the Comptroller ­ Req. No. R547141 The vendor has provided the maintenance for the Octel Overture 350 voicemail system for the Municipal Telephone Exchange for the last six years, and is the only available authorized maintenance vendor that has unique knowledge and experience with the City's aging system. Pricing is considered fair and reasonable. The period of the award is May 29, 1010 through May 28, 2011. 11. SPARKLE & SHINE JANITORIAL SERVICE $ 6,000.00 Low Bid Solicitation No. B50001408 ­ Janitorial Services ­ Department of Housing and Community Development ­ Req. No. R539210 The period of the award is May 1, 2010 through April 30, 2011 with three one-year renewals. 12. DUNCAN TECHNOLOGIES $30,000.00 Renewal Solicitation No. 08000 ­ Duncan Parking Meter Repair Parts ­ Agencies Various ­ Req. Nos. Various On May 7, 2008, the Board approved the initial award in the amount of $30,000.00. The award contained two one-year renewal options at the sole discretion of the City. The period of the renewal is May 1, 2010 through April 30, 2011, with one-year renewal option remaining. 26 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases It is hereby certified that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. There- fore, pursuant to Article VI, Section 11 (d)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 13. FERNO-WASHINGTON $31,497.00 Sole Source Solicitation No. 08000 ­ Stretchers ­ Fire Department ­ Req. No. R541503 The vendor is the manufacturer and sole distributor of this brand of stretcher, which is required to maintain con- tinuity of operations and training with current stretchers. It is hereby certified that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. There- fore, pursuant to Article VI, Section 11 (d)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 14. LAWMEN SUPPLY COMPANY $53,390.00 Sole Source Solicitation No. 08000 ­ Tasers ­ Police Department ­ Req. No. R546328 This taser model is currently being used throughout the Police Department, and the agency wishes to maintain uniformity of operations and training. The vendor is the sole distributor of Taser International products in Maryland. 27 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases It is hereby certified that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. There- fore, pursuant to Article VI, Section 11 (d)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 15. ORACLE AMERICA, INC. $68,746.00 Sole Source Solicitation No. 08000 ­ Annual Support for Oracle Software ­ Police Department ­ Req. No. R536931 Oracle America, Inc. is proprietor and the sole provider of the software support for the software already in use at the Police Department. The vendor has been providing services, but to date, no payment has been made because the Bureau of Purchases and the Law Department have been negotiating the final prices with the vendor. The vendor has agreed to bill the City based on the GSA schedule for IT products. It is hereby certified that the above procurement is of such a nature that no advantage will result in seeking nor would it be practical to obtain competitive bids. There- fore, pursuant to Article VI, Section 11 (d)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 28 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 16. SHERWIN WILLIAMS COMPANY d/b/a DOBCO $ 0.00 Renewal Solicitation No. BP-07179 ­ Thermoplastic, White Alkyd ­ Department of Transportation ­ Req. No. R503026 On July 11, 2007, the Board approved the initial three year award in the amount of $350,000.00. The award contained one 2-year renewal option at the sole discretion of the City. This renewal is for the period June 1, 2010 through May 31, 2012. MWBOO GRANTED A WAIVER. 17. MARTIN'S INC. $3,222,000.00 Renewal Solicitation No. BP-07134 ­ Summer Food Service Program for Children ­ Department of Housing and Community Development ­ Req. No. R543999 On May 23, 2007, the Board approved the initial award in the amount of $1,451,790.00. The award contained four 1- year renewal options at the sole discretion of the City. Subsequent actions have been approved. This is the third 1-year renewal in the amount of $3,222,000.00 for the period June 14, 2010 through June 13, 2011. MWBOO SET GOALS OF 17% MBE AND 9% WBE. MBE: Class Act Catering 17% WBE: Shalom Caterers 7% MR Enterprises 2% MWBOO FOUND VENDOR IN COMPLIANCE. 29 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases Amount 1st Call 2nd Call 3rd Call 18. AMERICA ON DEMAND OF MD, INC. $ 5,075,000.00 1, 2, 3 none none 4 & 7 TRUSTWORTHY STAFFING SOLUTIONS 605,000.00 14, 16, 13,15 none & 17 EXCEL STAFFING & PERSONNEL SERVICES 2,285,000.00 none 8 & 17 16 TOWNSEND CAREERS, 12, 13 11, 16, none LLC 3,140,000.00 & 17 18 & 20 $11,105,000.00 Increase Solicitation No. B50001026 ­ Provide Temporary Personnel ­ Agencies Various ­ Req. No. N/A On July 29, 2009, the Board approved the initial award in the amount of $5,000,000.00 to eight vendors. Subsequent actions have been approved. Due to inclusion of the Health Department's School Nursing Program under this contract, and its resultant cost, the initial award amount has been depleted. To ensure continuity of services, the Board is requested to approve the increases for the contractors. Additional funds will be sought as MWBOO compliance reviews are completed for other contractors under this contract. This increase in the amount of $11,105,000.00 makes the total award amount $16,105,000.00. MWBOO SET MBE AND WBE GOALS AT 15% MBE AND 15% WBE. 30 AGENDA BOARD OF ESTIMATES 4/28/10 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases America on Demand MBE: Proper Staffing, Inc. 15% WBE: Beacon Staffing Alternatives, Inc. 15% Trustworthy Staffing Solutions MBE: Lacy's Professional Nursing Services 15% WBE: All Staffing, Inc. 15% Excel Staffing and Personnel Services MBE: Dependable Nursing Services 15% WBE: Kennedy Personnel Services 15% Townsend Careers MBE: SYM, Inc. 15% WBE: Dockside Solutions, Inc. 15% MWBOO FOUND VENDORS IN COMPLIANCE. 31 AGENDA BOARD OF ESTIMATES 4/28/10 Baltimore Development Corporation ­ Amendment No. 1 to Charter Agreement ACTION REQUESTED BY B/E: The Board is requested to approve and authorize execution of amendment no. 1 to charter agreement with the Living Classrooms Foundation, Inc. (LCF) and Potomac Riverboat Company (Potomac). AMOUNT OF MONEY AND SOURCES: N/A BACKGROUND/EXPLANATION: On April 17, 1996, the City and the LCF entered into a charter agreement set to expire on April 17, 2011. Under this agreement the LCF was permitted to maintain and use the clipper ship known as the Minnie V (the "Ship") for educational, cultural, historic, job training and tourism purposes. In 2009, the LCF made an internal policy change related to its maximum weight carrying capacity on the Ship for safety reasons which reduced its passenger capacity by approximately 50%. Due to this decision the LCF is no longer able to maintain or utilize the Ship for its primary function of education and cultural purposes. Under this amendment the LCF will move the Ship to the Potomac River for use by the Potomac in conjunction with its Potomac River Boating tours to offer Children Museum cruises at National Harbor, sunset public cruises and private charters for the remainder of term under the charter agreement. In exchange for the use of the Ship, the Potomac will be responsible for certain maintenance obligations on the Ship. MBE/WBE PARTICIPATION: N/A (The amendment no. 1 to charter agreement has been approved by the Law Department as to form and legal sufficiency.) 32 AGENDA BOARD OF ESTIMATES 4/28/10 Baltimore Development Corporation ­ Relocation Expenses ACTION REQUESTED OF B/E: The Board is requested to approve and authorize the final claim for actual costs associated with relocation of Mr. Jae Ok Chang d/b/a New Paul's Luncheonette from 104 Park Avenue to 901 North Point Boulevard, Dundalk, Maryland d/b/a M&J Carryout. AMOUNT OF MONEY AND SOURCE: $8,310.22 ­ 9910-905826-9603 (22nd EDF) BACKGROUND/EXPLANATION: In accordance with the Market Center Urban Renewal Plan, the City relocated Mr. Chang's restaurant following the purchase of the 104 Park Avenue property in which New Paul's was a tenant. In 2009, Mr. Chang's business was relocated to 901 North Point Boulevard, in Dundalk, and reopened as M&J Carryout. This final claim is for miscellaneous expenses, including bulk advertising, postage, signage, and engineering services for one of the sites considered for relocating their restaurant. AUDITS REVIEWED AND HAD NO OBJECTION. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $8,310.22 9910-904115-9600 9910-905826-9603 22nd EDF Constr. Res. Westside Relocation Westside Initiative This transfer will provide funds for the final business relocation claim for Mr. Jae Ok Chang, d/b/a New Paul's Luncheonette, n/k/a M&J Carryout from 104 Park Avenue to 901 North Point Boulevard, which is associated with the Westside redevelopment project in accordance with the Market Center Urban Renewal Plan. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 33 AGENDA BOARD OF ESTIMATES 4/28/10 Fire Department ­ Grant Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the grant agreement with the Federal Emergency Management Agency. The period of the agreement is April 2, 2010 through April 1, 2011. AMOUNT OF MONEY AND SOURCE: $ 906,080.00 ­ 4000-458310-2120-227700 (Federal) 226,520.00 ­ 1001-000000-2120-226300 (City) $1,132,600.00 BACKGROUND/EXPLANATION: This grant agreement will provide funds for the establishment of a wellness and fitness program for the Baltimore City Fire Department. The City share of the cost is 20% or $226,520.00. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. (The grant agreement has been approved by the Law Department as to form and legal sufficiency.) 34 AGENDA BOARD OF ESTIMATES 4/28/10 Fire Department ­ Retroactive Payments The Board is requested to approve retroactive payments to the following retirees: Position Amount 1. DARLENE CLARK-REEDY Paramedic CRT $19,349.19 Account: 1001-000000-3190-308700-601061 2. KEVIN KELLY Firefighter $17,226.15 3. JEROME FORESTELL Firefighter $19,959.00 4. BLAKELY J. NEWMUIS Firefighter $19,667.66 5. C.J. JOHNSON Firefighter Paramedic $16,838.84 6. ISSAC A. BLACKSTONE Firefighter Paramedic $34,361.19 7. ROGER S. REED Firefighter Paramedic $23,172.28 Apprentice 8. ANTONIO DiLEONARDI Fire Pump Operator/ $16,080.41 ALS 9. STEPHEN A. MARKOV Fire Pump Operator/ $18,933.48 ALS 10. MATTHEW McNAMARA Fire Emergency Vehicle $16,969.71 Driver/ALS Account: 1001-000000-2120-226300-601061 As a result of an arbitration decision and award in FMCS Case No. 080115-01440-1, the City will pay the above-listed retired employees an additional 90 days (terminal leave) full pay and benefits. 35 AGENDA BOARD OF ESTIMATES 4/28/10 Fire Department ­ cont'd Position Amount 11. RODNEY S. WILLIAMS Fire Captain $62,009.01 12. GERARD A. LOUDEN Fire Pump Operator $55,838.65 Account: 1001-000000-2120-226300-601061 As a result of an arbitration decision and award in FMCS Case No. 080115-01440-1, the City will pay the above-listed retired employees an additional 6 months plus 90 days (terminal leave) full pay and benefits. 13. HENRY FORD Firefighter Paramedic $21,758.64 Apprentice Account: 1001-000000-2120-226300-601061 Mr. Ford transferred into the Fire Department's Apprentice- ship program and did not receive proper credit for his longevity steps. This was recently discovered while working with Fire & Police Retirement on the 90 day terminal leave settlement. This retroactive adjustment will make Mr. Ford whole from the City. APPROVED FOR FUNDS BY FINANCE 36 AGENDA BOARD OF ESTIMATES 4/28/10 Space Utilization Committee - Lease Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a lease agreement with Loyola University of Maryland for a portion of the property known as 3301 Waterview Avenue, Block 7610, Lot 15, being on the lower level, consisting of 20% of the total leased space. The period of the agreement is January 1, 2010 through December 31, 2010, with no renewal options. AMOUNT OF MONEY AND SOURCE: $1,427.00 - Annually BACKGROUND/EXPLANATION: The space will be used as storage space for the lessee boats. The lessee must obtain approval from the Facility Administrator prior to making any improvements to the storage space. The lessee is responsible for keeping the storage area clean and in an orderly manner and obtaining liability insurance. The lessor will be responsible for fire insurance. The Space Utilization Committee approved the lease at its meeting on April 14, 2010. The lease agreement is late because of a delay in the tenant submitting the signed lease to the Department of Real Estate. (The lease agreement has been approved by the Law Department as to form and legal sufficiency.) 37 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Real Estate - Contract of Sale, SCOPE Project The Board is requested to approve and authorize execution of the contract of sale for the following property. Purchaser Property Sale Price JAG 2009, LLC 1214 W. Lombard St. $5,000.00 The purchaser agrees to complete the renovation of the property and obtain a Certificate of Occupancy no later than 18 months from the date of settlement. On May 28, 2003, the Board approved an agreement with the Baltimore Economy and Efficiency Foundation, Inc. and the Greater Baltimore Board of Realtors, Inc. to allow the sale of City-owned properties under the SCOPE Project, which is an acronym for Selling City Owned Properties Efficiently. Under this project, real estate brokers are responsible for marketing the properties and providing the City with sale contracts. Upon closing, they will be paid 8% of the sale proceeds, with a $2,500.00 minimum fee. (The contract of sale has been approved by the Law Department as to form and legal sufficiency.) 38 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and - Supportive Housing Community Development (DHCD)/ Program Grant Agreements Baltimore Homeless Services The Board is requested to approve and authorize execution of the following supportive housing grant agreements. SUPPORTIVE HOUSING PROGRAM GRANT AGREEMENTS (SHPG) 1. GOVANS ECUMENICAL DEVELOPMENT CORPORATION/ $ 33,524.00 (GEDCO) Account: 4000-496210-3570-591450-603051 The organization will hire one full-time equivalent employee Case Manager to provide services to 30 individuals with HIV/AIDS, who are housed in Shelter Plus Care housing units or are currently homeless. The period of the agreement is August 1, 2009 through July 31, 2010. 2. ST. VINCENT DE PAUL OF BALTIMORE, INC. $ 54,030.00 Account: 4000-496211-3570-591429-603051 The organization will work to stabilize the mental and physical health clients by providing a safe, affordable and well supported place to live for 15 homeless families. The program will enable the clients to live as independently as possible. The organization will establish a written Client Grievance Procedure with regard to termination of housing assistance, which will be posted and made available to the clients. The period of the agreement is March 1, 2010 through February 28, 2011. 3. PRISONER'S AID ASSOCIATION OF MD, INC. $ 57,307.00 Account: 4000-496211-3570-591425-603051 The organization will operate transitional housing with supportive services for approximately 16 homeless female 39 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD/Baltimore Homeless ­ cont'd ex-offenders. The organization will work to stabilize the mental and physical health of the clients by providing a safe, affordable and well supported place to live, and to assist them in transitioning to permanent housing to enable the clients to live as independently as possible. The period of the agreement is March 1, 2010 through February 28, 2011. The requests are late because of delays at the administrative level. 4. WOMEN'S HOUSING COALITION, INC. $ 54,530.00 Account: 4000-496211-3570-591435-603051 The organization will provide housing and supportive services to approximately 14 single, formerly homeless women at the Calverton Residence at 119 E. 25th Street. The goal of the program is to assist women to achieve and maintain economic, residential and emotional stability and return to independent living. The period of the agreement is July 1, 2010 through June 30, 2011. 5. PROJECT PLASE, INC. $ 72,240.00 Account: 4000-496211-3570-591426-603051 The organization will provide housing and supportive services to approximately 10 homeless men and women with HIV/AIDS and/or are dually diagnosed. Housing will be provided in 10 single room occupancy units at the permanent housing facility located at 1814 Maryland Avenue. The period of the agreement is October 1, 2010 through September 30, 2011. 40 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD/Baltimore Homeless ­ cont'd 6. JOBS, HOUSING & RECOVERY, INC. $ 97,662.00 Account: 4000-496211-3570-591458-603051 The organization will provide housing and supportive services to approximately 28 homeless and disabled individuals. The grant funds will reimburse the organization for the cost of leasing seven 4-bedroom apartment units for a period of one year with the understanding that the organization will bear the staff costs to operate the program, as well as the cost for all required supportive services provided to the homeless and disabled clients who will be housed in the apartments. The period of the agreement is October 1, 2010 through September 30, 2011. 7. MARIAN HOUSE, INC. $ 30,396.00 Account: 4000-496211-3570-591459-603051 The organization will provide permanent housing and supportive services to 19 homeless women; 14 are receiving Shelter Plus Care subsidies and five who are living in Section 8 units. The period of the agreement is December 1, 2010 through November 30, 2011. MWBOO GRANTED A WAIVER. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Supportive Housing Program Grant agreements have been approved by the Law Department as to form and legal sufficiency.) 41 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and ­ Agreements Community Development (DHCD) The Board is requested to approve and authorize execution of the various agreements. 1. PARKS AND PEOPLE FOUNDATION, INC. $ 80,000.00 Account: 4000-485710-5750-644000-603051 The organization's Green Jobs Training/Career Development Program will provide training, education, and employment for persons, ages 14-25 to green, clean, and beautify the public housing communities of Cherry Hill and Perkins Homes. The funds will be used to create 12 part-time trainee positions. The period of the agreement is October 1, 2009 through September 30, 2010. MWBOO GRANTED A WAIVER. 2. BANNER NEIGHBORHOOD COMMUNITY $ 25,000.00 CORPORATION, INC. Account: 4000-485710-5750-642500-603051 The organization will operate a home maintenance program for elderly low and moderate-income, single family, owner- occupants, at no cost in the Patterson Park area of the City. The organization will also retain one full-time position. The period of the agreement is October 1, 2009 through September 30, 2010. FOR FY 2010, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $8,500.00, AS FOLLOWS: MBE: $1,275.00 WBE: $ 425.00 On May 27, 2009, the Board approved a Resolution authorizing the Department of Housing and Community Development (DHCD), on 42 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd behalf of the Mayor and City Council, to accept American Recovery and Reinvestment Act of 2009 (ARRA) funds for the Community Development Block Grant (CDBG-R) Program. Upon receipt of the Housing and Urban Development grant agreement for the CDBG-R funds on July 24, 2009, the DHCD's Contract Section began negotiating and processing CDBG-R agreements as awarded in the Substantial Amendment to the 2008 Annual Action Plan to be effective beginning October 1, 2009 and beyond. Consequently, the agreements were delayed due to final negotiations and processing. 3. NEIGHBORHOOD HOUSING SERVICES $477,974.00 OF BALTIMORE, INC. (NHS) Accounts: 2089-000000-5930-433526-603051 $ 9,470.00 2089-000000-5930-433562-603051 $ 67,743.00 2089-000000-5930-433583-603051 $ 761.00 2089-208910-5930-433526-603051 $125,267.00 2089-208910-5930-433562-603051 $183,628.00 2089-208910-5930-433581-603051 $ 68,554.00 2089-208910-5930-433583-603051 $ 22,551.00 The NHS will provide public information, housing counseling and rehabilitation services. The services will include rehabilitation loan underwriting and the development of rehabilitation specifications. The NHS will service each loan. The NHS will also continue the rehabilitation of properties for low and moderate-income owner occupancy. The period of the agreement is September 1, 2009 through August 31, 2010. FOR FY 2010, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $29,552.00, AS FOLLOWS: MBE: $4,433.00 WBE: $2,069.00 43 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd 4. PARK HEIGHTS RENAISSANCE, INC. $100,000.00 Account: 2089-208910-5930-682162-603051 The organization will make deferred rehabilitation loans to low and moderate income owner occupant households that reside in the Park Heights Stabilization area as defined by the Park Heights Master Plan. The funds will be used to subsidize the agency's operating cost. The period of the agreement is July 1, 2009 through June 30, 2010. FOR FY 2010, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $14,000.00, AS FOLLOWS: MBE: $1,400.00 WBE: $ 700.00 5. CIVIC WORKS, INC. $146,500.00 Accounts: 2089-208910-5930-531303-603051 $ 97,000.00 2089-208910-5930-531326-603051 $ 7,600.00 2089-208910-5930-531334-603051 $ 37,900.00 2089-208910-5930-531381-603051 $ 4,000.00 The organization will provide to members of the Community Lot Program landscape training while converting vacant lots in low and moderate income areas into viable parks and gardens. Members of the Construction Apprentice Program will learn basic housing rehabilitation skills under the ongoing direction and supervision of Habitat for Humanity of the Chesapeake's Construction Manager. The funds will be used to subsidize the agency's operating costs. The period of the agreement is October 1, 2009 through September 30, 2010. 44 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd FOR FY 2010, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $27,134.00, AS FOLLOWS: MBE: $2,713.00 WBE: $1,356.00 6. HABITAT FOR HUMANITY OF THE $240,904.00 CHESAPEAKE, INC. Account: 2089-208910-5930-431662-603051 The organization will complete the acquisition and rehabil- itation of 19 vacant properties for first-time-owner-occu- pancy by low and moderate-income households within the Brooklyn/Curtis Bay, Pen Lucy, Washington Village/Pigtown and Monument-McElderry-Fayette areas of Baltimore City. the funds will be used to subsidize the agency's operating costs. The period of the agreement is July 1, 2009 through June 30, 2010. On May 13, 2009, the Board approved the Resolution authorizing the Commissioner of the Department of Housing and Community Development (DHCD), on behalf of the Mayor and City Council, to file a Federal FY 2009 Annual Action Plan for the following formula programs: 1. Community Development Block Grant (CDBG) 2. HOME Investment Partnership Act (HOME) 3. American Dream Downpayment Initiative (HOME) 4. Housing Opportunity for People with AIDS (HOPWA) 5. Emergency Shelter Grant Program (ESG) The DHCD began negotiating and processing the CDBG agreements effective July 1, 2009 and beyond, as outlined in the Plan, pending approval of the Resolution. Consequently, the agreements were delayed due to final negotiations and processing. 45 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The agreements have been approved by the Law Department as to form and legal sufficiency.) 46 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and - Home Investment Partnership Community Development Program Predevelopment Loan ACTION REQUESTED OF B/E: The Board is requested to approve a Home Investment Partnerships Program Predevelopment Loan to Uplands Rental Phase I, LLC (Uplands Rental). The Board is also requested to authorize the Commissioner of the Department of Housing and Community Development to execute any, and all legal documents to effectuate this transaction subject to the review and approval for form and legal sufficiency by the Department of Law. AMOUNT OF MONEY AND SOURCE: Sources Uses HOME Funds $640,000.00 Architecture Design $484,900.00 Predevelopment Engineering -- Civil 122,000.00 or Geotech Tap Fees/Permit Fees 21,000.00 Market Study/appraisal 12,100.00 TOTAL $640,000.00 $640,000.00 Account No. 9910-907083-9610-900000-706032 BACKGROUND/EXPLANATION: The Uplands redevelopment is a new community on the former Uplands Apartment site. It is expected to consist of over 200 mixed-income rental units and over 550 for-sale units on approximately 60 acres of land. The redevelopment is expected to occur in two rental phases and five homeownership phases. The total development cost of the new development is expected to exceed $250,000,000.00. In addition to the rental and for-sale units, a variety of community investments are expected to be made, including open space, a clubhouse, and other community amenities. The Uplands Rental Phase I Project is the first rental phase of the redevelopment and will consist of approximately 104 units. The units in the Uplands Rental Phase I Project will be affordable to individuals and households making between 30% area median income, adjusted for family size, and 115% area median income, adjusted for family size. 47 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd The pre-development loan will be used solely to finance a portion of the pre-development costs incurred by Uplands Rental, such as design and engineering fees, the costs of engineering and geotechnical reports, permit fees, an appraisal and market studies, and other similar costs and fees incurred during the predevelopment process. PARTICIPATING PARTIES: A) Developer Pennrose Properties, LLC (Pennrose) will form a limited liability company to act as the developer of Uplands Rental Phase I. The members of the limited liability company are expected to be Pennrose Properties, LLC, KMJ Uplands, LLC, and Southwest Baltimore Community Development Corporation, Inc. Uplands Rental Phase I Managing Member, LLC, a for-profit subsidiary of Pennrose, will be formed to act as the managing member of Uplands Rental. B) General Contractor/Architect Harkins Builders, Inc. will act as the general contractor. Architectural services will be provided by Wallace, Roberts & Todd, LLC. Engineering services will be provided by STV, Inc. C) Lenders Baltimore City -- The Pre-development Loan The Predevelopment Loan will be made from the City's Home Investment Partnerships Program in an amount not to exceed $640,000.00. No payment of principal or interest on the pre- development loan will be due until maturity, which will be five years from the effective date of the permanent loan. However, it is expected that prior to the maturity date, the predevelopment loan, combined with additional funds, will be converted into a construction/permanent loan in the approximate principal amount of $1,000,000.00. 48 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd MBE/WBE PARTICIPATION: Article 5, Subtitle 28 of the Baltimore City Code Minority and Women's Business Program is fully applicable and no request for waiver or exception has been made. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $640,000.00 9910-926010-9609 9910-907083-9610 Home FY 2010 Uplands Rental Phase I This transfer of funds will provide HOME funds to Uplands Rental Phase I, LLC for planning and development of rental housing in the Uplands community for fiscal year 2010. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 49 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and ­ Loan Subordinations Community Development ACTION REQUESTED OF B/E: The Board is requested to approve acceptance of the quarterly reports from the Department of Housing and Community Development outlining loan subordination requests from homeowners. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: On February 25, 2005, the Board approved a Loan Subordination Policy from the Department. Under this policy, the Department was given authority to execute subordination agreements for homeowners seeking to refinance first mortgages provided the owner received no cash out from the refinance. The Finance Review Committee reviewed and approved ten subordination agreements during this past quarter. This allows the City's second lien position to remain unchanged. All other requests from homeowners for equity withdrawal when refinancing are presented to the Board and the Director of Finance for approval, as per the policy previously approved by the Board. 50 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Housing and ­ Funding Level Adjustments Community Development ACTION REQUESTED OF B/E: The Board is requested to approve the adjusted funding levels for various non-profit developers participating in the Neighborhood Stabilization Program. AMOUNT OF MONEY AND SOURCE: 9910-910099-9588-900000-700000 BACKGROUND/EXPLANATION: No new funds are requested by this action, only existing funds are being re-allocated. On December 8, 2009, the Board approved resolutions to implement the funding of the Neighborhood Stabilization Program to non- profit housing developers. An adjustment is required to ensure that each developer partner is able to fully complete their portion of the program by August 27, 2010, the federal deadline for obligation of funds. The program is funded by a combination of Federal and State Neighborhood Stabilization funds and does not require the expenditure of City money. The changes are summarized below: Non Profit Federal Funds Change New Total Empire Homes $ 600,000.00 $ 750,000.00 $1,350,000.00 Habitat for Humanity 1,000,000.00 ($ 200,000.00) 800,000.00 St. Ambrose 1,650,000.00 ($ 550,000.00) 1,100,000.00 Total Allocated $3,250,000.00 $3,250,000.00 Unallocated 862,239.00 862,239.00 Total $4,112,239.00 $4,112,239.00 51 AGENDA BOARD OF ESTIMATES 4/28/10 DHCD ­ cont'd The Department of Housing anticipates these changes will allow the various developers to fully complete their requirements by August 27, 2010 on the basis of current activity and projected progress. MBE/WBE PARTICIPATION: Article 5, Subtitle 28 of the Baltimore City Code Minority and Women's Business Program is fully applicable and no requests for wavier or exception or waiver has been made. THE DIRECTOR OF FINANCE REVIEWED AND RECOMMENDED APPROVAL. APPROVED FOR FUNDS BY FINANCE 52 AGENDA BOARD OF ESTIMATES 4/28/10 Baltimore National Heritage Area ­ Memorandum of Understanding ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a memorandum of understanding with the Maryland State Highway Administration. The period of the MOU is effective upon Board approval for four years. AMOUNT OF MONEY AND SOURCE: $60,800.00 - 5000-591410-6390-484700-603026 10,200.00 ­ Baltimore Heritage Areas Authority 5,000.00 ­ Baltimore City Information Technology Staff (In kind services) $76,000.00 BACKGROUND/EXPLANATION: The MOU will fund the cost for research and content development for exhibits and signs for the Charles Street National Scenic Byway and for interpretive signage and marketing materials for the Charles Street, Charm City Circulator. In October 2009, Charles Street was designated a National Scenic Byway by the Federal Highway Administration. Baltimore City and Baltimore County cooperated to prepare a Charles Street Byway Management Plan. The project produces interpretive materials for the Charles Street Scenic Byway. This product will help provide an excellent experience for heritage tourists and will assist the Baltimore Heritage Area in its efforts to increase tourism and the associated positive economic impact on the City. APPROVED FOR FUNDS BY FINANCE (The MOU has been approved by the Law Department as to form and legal sufficiency.) 53 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Planning ­ Report on Previously Approved Transfers of Funds At previous meetings, the Board of Estimates approved Transfers of Funds subject to receipt of favorable reports from the Planning Commission, the Director of Finance having reported favorably thereon, as required by the provisions of the City Charter. Today, the Board is requested to NOTE 16 favorable reports on Transfers of Funds approved by the Board of Estimates at its meetings on April 7, and 14, 2010. 54 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Planning ­ Amendment No. 1 to Grant Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an amendment to a grant agreement with the State of Maryland, Department of Natural Resources, Critical Area Commission (Commission) for the Chesapeake and Atlantic Coastal Bays and Baltimore City. AMOUNT OF MONEY AND SOURCE: $31,000.00 - Original Award (17,000.00) ­ Reduction in Grant $14,000.00 ­ Revised Award ­ 5000-507410-1870-517600-600000 BACKGROUND/EXPLANATION: The Commission has notified the Department of the reduction in available funding for this grant agreement. The original grant award was in the amount of $31,000.00. The new grant award will be $14,000.00. Due to State budget cuts, the reduced amount is all the Commission can offer the City. There is no local match required but the Department does provide staff services which are funded under the Department's current operating budget. This grant extends State support of the City's Critical Area Management Program provided since 1988. APPROVED FOR FUNDS BY FINANCE AUDITS NOTED THE REVISIONS. (The amendment no. 1 to the grant agreement has been approved by the Law Department as to form and legal sufficiency.) 55 AGENDA BOARD OF ESTIMATES 4/28/10 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS * * * * * * * The Board is requested to approve award of the formally advertised contract listed on the following pages: 57 - 58 to the low bidder meeting specifications, or reject bids on those as indicated for the reasons stated. 56 AGENDA BOARD OF ESTIMATES 4/28/10 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS: Bureau of Purchases 1. B50001368, Steel Sub Power-Lite $358,200.00 Base for Light Poles Industries, Inc. MWBOO GRANTED A WAIVER 2. B50001372, Medium Duty Beltway $136,399.00 Tow Trucks International, LLC MWBOO GRANTED A WAIVER 3. B50001373, Oil Goldsborough's $79,816.00 Containment Vessel Marine MWBOO GRANTED A WAIVER 4. B50001380, Rollback Beltway $196,098.00 Tow Trucks International, LLC MWBOO GRANTED A WAIVER 5. B50001393, 2010 John Security $60,360.00 Deere 5075E Utility Equipment Co. Tractors MWBOO GRANTED A WAIVER 6. B50001400, One Ton 4x4 Chas S. Winner $76,970.00 Utility Body Pickup d/b/a Trucks Winner Ford MWBOO GRANTED A WAIVER 57 AGENDA BOARD OF ESTIMATES 4/28/10 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS: Bureau of Purchases 7. B50001421, Materials REJECTION ­ One bid was received Used for Signs, and opened on April 7, 2010. The Banners and Posters bid was found to be non-responsive, as it failed to include prices on all the items on which the award was based. The solicitation will be re-bid at a later date. 58 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Transportation ­ Amendment No. 1 to Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of amendment no. 1 to the agreement with Johnson, Mirmiran & Thompson, Inc. for Project 1060, On-Call Traffic Engineering Studies. The agreement will be in effect through March 05, 2011 or until the upset limit is reached, whichever occurs first. AMOUNT OF MONEY AND SOURCE: $100,000.00 ­ Account numbers will be determined by each individual task assigned BACKGROUND/EXPLANATION: On March 5, 2008, the Board approved a three-year agreement with Johnson, Mirmiran & Thompson, Inc., to perform engineering design services. The Department is requesting an increase of $100,000.00 to the upset limit, which is needed to complete the extra work. This increase will bring the total upset limit to $850,000.00 and maintain the three-year duration from March 05, 2008 to March 05, 2011. MWBOO SET MBE GOALS AT 21% AND WBE GOALS AT 9%. APPROVED FOR FUNDS BY FINANCE AUDITS NOTED THE INCREASE IN THE UPSET LIMIT AND WILL REVIEW THE TASK ASSIGNMENTS. (The amendment no. 1 to agreement has been approved by the Law Department as to form and legal sufficiency.) 59 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Transportation ­ Expenditure of Funds ACTION REQUESTED OF B/E: The Board is requested to approve and authorize an expenditure of funds to pay the Maryland Chapter of American Concrete Institution for ACI Field Grade 1 Training, Written and Performance Exams. The training period is scheduled for May through October 2010. AMOUNT OF MONEY AND SOURCE: $11,220.00 ­ 3001-000000-5030-384900-603020 BACKGROUND/EXPLANATION: The American Concrete Institution-Maryland Chapter will provide training to 34 Public Works Inspectors at $330.00 per person. The training is necessary to permit certification of 34 Inspectors to test concrete materials and to ensure the Department is in compliance with federal regulations. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. 60 AGENDA BOARD OF ESTIMATES 4/28/10 Bureau of Solid Waste ­ Expenditure of Funds ACTION REQUESTED OF B/E: The Board is requested to retroactively approve an expenditure of funds to pay the Living Classrooms Foundation for cleaning services provided during the period of August 01, 2009 through February 12, 2010. AMOUNT OF MONEY AND SOURCE: $ 172,445.86 - 3001-000000-5130-386500-603026 BACKGROUND/EXPLANATION: The Bureau of Solid Waste (Solid Waste) entered into a one-year agreement with the Living Classrooms Foundation (Living Classrooms) to provide cleaning services in the McElderry Park Safe Zone and its immediate buffer zone. The agreement was approved by the Board on July 25, 2007 and it contained the option to renew for two additional one-year terms. Solid Waste opted to renew the agreement for an additional one-year period under the same terms and conditions as the original agreement that was approved by the Board in July of 2008. The funding for these services provided by the Living Classrooms Foundation was significantly reduced for fiscal year 2010. Subsequently, the agreement could not be renewed for the second year. Solid Waste intended to submit a request for a new agreement for reduced services to the Board for approval. However, because of mitigating circumstances, a new agreement was not prepared and submitted, and the Living Classrooms Foundation continued to provide cleaning services. 61 AGENDA BOARD OF ESTIMATES 4/28/10 Bureau of Solid Waste ­ cont'd Because of the mid-year budget reduction, Solid Waste had to notify Living Classrooms Foundation to discontinue providing cleaning services. Solid Waste has been billed by the Living Classrooms for the cleaning services provided from August 1, 2009 through February 12, 2010. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION 62 AGENDA BOARD OF ESTIMATES 4/28/10 Bureau of Water and Wastewater (BW&WW) ­ Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an agreement with URS Corporation, for S.C. 856, Post Award Ser- vices for Improvements to Herring Run Interceptors, Phase 2 ­ From Argonne Drive to City/County Line. The period of the agreement is effective upon Board approval for three years or until the upset limit is reached, whichever occurs first. AMOUNT OF MONEY AND SOURCE: $195,937.01 ­ Wastewater Revenue Bonds 136,159.62 ­ Baltimore County $332,096.63 ­ 9956-906410-9551-900020-703032 BACKGROUND/EXPLANATION: The Board approved the original agreement for S.C. 856 for the design of Improvements to Herring Run Interceptors on March 28, 2007. The final design for S.C. 856 required that the contract be completed in two phases. Phase 1 work will be performed as S.C. 871. Phase 2 work will be performed as S.C. 856. Task C.8 of the agreement provided that at the option of the City and for a fee to be negotiated, the consultant may provide Post Award Services. The City will now exercise the option so the consultant can provide engineering services such as: pre-construction meeting, coordination, review and tracking of shop drawings and/or submittals, technical consultations, Request for Information and change orders review, conditional and final acceptance reviews and as-built and record drawings reviews. 63 AGENDA BOARD OF ESTIMATES 4/28/10 BW&WW ­ cont'd The consultant was originally approved by the Office of Board and Commissions and Architectural and Engineering Awards Commissions. MBE/WBE PARTICIPATION: MBE: EBA Engineering, Inc. $71,773.01 21.61% WBE: Phoenix Engineering, Inc. $24,360.76 7.34% APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. (The agreement has been approved by the Law Department as to form and legal sufficiency.) 64 AGENDA BOARD OF ESTIMATES 4/28/10 Bureau of Water and Wastewater ­ Sewer Surcharge Adjustment ACTION REQUESTED OF B/E: The Board is requested to concur with an adjustment of the 2010 Sewer Surcharge assessed to Shasta Beverages. The Board is also requested to refund the company $6,880.18 for calendar year 2010. AMOUNT OF MONEY AND SOURCE: $6,880.18 ­ 2070-000000-5500-506500-402190 BACKGROUND/EXPLANATION: Article 25 of the Baltimore City Code (2000 ed., as amended) grants the City the authority to assess industries a sewer surcharge for industrial waste. Industries are billed in advance each January covering the period of January 1 through December 31 of each billing year. Shasta Beverages was originally accesses $49,479.09 for Calendar year 2010. In a email dated March 16, 2010, the company requested that the surcharge be reconsidered because the production exemptions for the quarter ending June 17, 2009 had not been credited to the company's account. The Bureau agreed that reconsideration was warranted and recalculated the surcharge to reflect the additional 353,800 cubic feet of water that was utilized in production in the above stated quarters but not included in the sewer surcharge assessment. This resulted in a revised assessment of $42,598.91 and represents a reduction of $6,880.18. As Shasta Beverages has paid the original amount, a refund will be necessary. The Department requests that the Board concur with the decision to assess Shasta Beverages $42,598.91 for Calendar Year 2010 and to refund the company $6,880.18. 65 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Public Works ­ Contract ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a contract with The County Commissioners of Carroll County, Maryland, (Carroll County) a body corporate. The period of the contract is effective upon Board approval for two years. AMOUNT OF MONEY AND SOURCE: $3,666.66 ­ 2071-000000-5520-397801-603026 ­ DPW (Not to Exceed) $3,666.66 - Carroll County $7,333.32 ­ USGS match BACKGROUND/EXPLANATION: On February 14, 2007 the Board approved an agreement with Carroll County to jointly participate in the development of a Comprehensive Water Quality Monitoring Evaluation and Design Program for the Reservoirs and Watersheds. The City will partner with Carroll and Baltimore County to contribute funds to finance the United States Geological Survey (USGS) to develop a Comprehensive Water Quality Monitoring Evaluation and Design Program for the reservoirs and watersheds. This will be done to foster cooperation under the Reservoir Watershed Management agreement signed in 1984, reaffirmed in 1990 and resigned in 2005 by the City, State and the surrounding jurisdictions. The Reservoir Watershed Management Agreement calls for the surrounding jurisdictions to voluntary adopt an Action Strategy for reducing pollution in the City's reservoir drainage areas. APPROVED FOR FUNDS BY FINANCE (The contract has been approved by the Law Department as to form and legal sufficiency.) 66 AGENDA BOARD OF ESTIMATES 4/28/10 Bureau of Water & Wastewater ­ Amendment No. 3 to Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an amendment no. 3 to the agreement with EA Engineering Science and Technology, Inc. for project No. 1046. The amendment extends the period of the agreement through May 08, 2011. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: On May 9, 2007 the Board approved the original agreement in the amount of $1,457,725.00 with the contractor to provide construction engineering and inspection services as needed on capital projects. The Board approved amendment no. 1 on February 28, 2008 to exercise the first one-year option. On April 29, 2009 the Board approved amendment no. 2 to exercise the second one-year option. This amendment is for a no-cost time extension which will extend the contract one additional year through May 08, 2011. MBE/WBE PARTICIPATION: The consultant will comply with the MWBOO goals established in the original agreement. AUDITS NOTED THIS NO-COST TIME EXTENSION. (The amendment no. 3 to the agreement has been approved by the Law Department as to form and legal sufficiency.) 67 AGENDA BOARD OF ESTIMATES 4/28/10 Dept. of General Services (DGS) ­ Agreement for Energy Performance Contracting Phase I-Baltimore Convention Center ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an agreement for energy performance contracting phase I with Constellation Energy Projects & Services Group, Inc. (Constellation), for Energy Performance Contract PBE 10820, Phase I, Baltimore Convention Center (BCC). The period of the agreement is effective upon Board approval and will continue until acceptance or rejection of the Energy Service Company's (ESCO) Phase II Proposal (to be submitted by ESCO at the end of Phase I agreement for possible Phase II work) by the City. The Phase II Proposal will be completed by ESCO no later than 8 months following the approval of the Phase I agreement. AMOUNT OF MONEY AND SOURCE: No funds are required at this time. Upon acceptance of the Constellation's report and proposal for Phase II by the City, the cost of Phase I study, $83,684.00, will be included in Phase II costs and a Phase II agreement will be presented to the Board for approval. However, if the Phase I report and Phase II proposal do not meet expected guaranteed energy savings and the report is not accepted by the DGS, the City will not be obligated to pay the cost of this study. The project costs will be financed by the City and paid for by energy savings guaranteed by the contractor. BACKGROUND/EXPLANATION: The BCC solicited proposals from three State-approved ESCOs, namely Energy System Group (ESG), Pepco Energy Services, and Constellation to provide energy savings improvements in the Convention Center. Based on the performance of the presentation made by each ESCO, Constellation was selected for the Phase I energy performance contact. 68 AGENDA BOARD OF ESTIMATES 4/28/10 DGS ­ cont'd Under this Phase I program, Constellation will provide an engineering audit, survey, cost analysis, and proposal of financing needed to develop a comprehensive energy efficiency and guaranteed savings program to meet the objectives of the City, based on a minimal goal of 20% reduction in the total annual energy usage for the BCC. This work will be done while maintaining or enhancing comfort levels in all parts of the BCC affected by the ECMs. The maximum project payback is 12 to 15 years. MBE/WBE PARTICIPATION: MWBOO granted a waiver of MBE and WBE goals requirements for Phase I due to the risk associated with the energy savings guarantee and the specialized nature of work. The Constellation will comply with Article 5, Subtitle 28 of the Baltimore City Code and MBE and WBE goals in Phase II which will be established upon completion of the Phase I Study. AUDITS REVIEWED AND HAD NO OBJECTION. (The agreement for energy performance contracting phase I has been approved by the Law Department as to form and legal sufficiency.) 69 AGENDA BOARD OF ESTIMATES 4/28/10 Department of General Services (DGS) ­ Agreement for Energy Performance Contracting Phase I-Downtown City Buildings ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an agreement for energy performance contracting Phase I with Johnson Controls, Inc. (JCI), for Energy Performance Contract PBE 10822, Phase I, Downtown City Buildings. The period of the agreement is effective upon Board approval and will continue until acceptance or rejection of the Energy Service Company's (ESCO) Phase II Proposal (to be submitted by ESCO at the end of Phase I agreement for possible Phase II work) by the City. The Phase II Proposal will be completed by ESCO no later than 8 months following the approval of the Phase I agreement. AMOUNT OF MONEY AND SOURCE: No funds are required at this time. Upon acceptance of the JCI's report and proposal for Phase II by the City, the cost of Phase I study, $73,800.00, will be included in Phase II cost and the Phase II agreement will be presented to the Board for approval. However, if the Phase I report and Phase II proposal do not meet expected guaranteed energy savings and the report is not accepted by the DGS, the City will not be obligated to pay the cost of this study. The Project costs will be financed by the City and paid for by energy savings guaranteed by the contractor. BACKGROUND/EXPLANATION: Under Phase I program, the JCI will provide an engineering audit, survey, cost analysis, and proposal of financing needed to develop a comprehensive energy efficiency and guaranteed savings program to meet the objectives of the City. Included within the engineering audit will be the investigation and development of scope for a facility assessment program for the following buildings: 1) City Hall, 2) People's Court, 3) Guilford Municipal Building, 4) Police Headquarters, 5) Police Annex, 6) Central District Police station, 7) MECU Building, and 8) The Baltimore Animal Rescue and Care Shelter, in South Baltimore. 70 AGENDA BOARD OF ESTIMATES 4/28/10 DGS ­ cont'd The objectives are based on a minimum goal of 20% reduction in total annual energy usage for the listed downtown city buildings. This work will be done while maintaining or enhancing comfort levels in all parts of the assigned buildings affected by the ECMs. The maximum project payback is 12 to 15 years. Additionally the City will be utilizing AARA stimulus funding to support this project. The ARRA stimulus funding has strict time- sensitive guidelines which must be met by the City in order to have access to this funding. Some of the buildings included in this contract were upgraded under an energy performance contract by Custom Energy (CE) in 2003, and JCI is either installing additional energy savings measures or updating those installed by CE, in which case the energy savings to support the project are limited to the difference between the updated measures and the CE-installed measures. MBE/WBE PARTICIPATION: The JCI will comply with Article 5, Subtitle 28 of the Baltimore City Code and MBE and WBE goals in Phase II which will be established upon the completion of the Phase I Study. MWBOO granted a waiver of MBE and WBE goals requirements for Phase I due to the risk associated with the energy savings guarantee and the specialized nature of work. AUDITS REVIEWED AND HAD NO OBJECTION. (The agreement for energy performance contracting Phase I has been approved by the Law Department as to form and legal sufficiency.) 71 AGENDA BOARD OF ESTIMATES 4/28/10 Parking Authority ­ Amendment to Parking Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an amendment to the parking agreement with the United States Army Corps of Engineers (Corps). AMOUNT OF MONEY AND SOURCE: Monthly Charge No. of Passes $1,288.00 10 There will be a 3% escalation on the anniversary of the commencement of the Original Agreement. BACKGROUND/EXPLANATION: On October 1, 2008, the Board approved the original agreement which provided 32 parking passes to the Corps, for $125.00 per pass per month for the Redwood Street Garage. This amendment increases the number of passes provided to the Corps to 42. A 3% increase has since been applied pursuant to the original agreement. All other terms and conditions of the agreement remain unchanged. APPROVED FOR FUNDS BY FINANCE (The amendment to the parking agreement has been approved by the Law Department as to form and legal sufficiency.) 72 AGENDA BOARD OF ESTIMATES 4/28/10 CITY COUNCIL BILLS: 09-0411 ­ An ordinance concerning the sale of property - 4900 Boston Street for the purpose of authorizing the Mayor and City Council of Baltimore to sell, at either public or private sale, all its interest in certain property known as 4900 Boston Street (block 6820, lot 055) and no longer needed for public use; and providing for a special effective date. THE PLANNING COMMISSION RECOMMENDS THAT CITY COUNCIL BILL 09-0411 BE APPROVED, SUBJECT TO THE INCORPORATION OF THE UPDATED RIGHT-OF-WAY PLAT DATED JANUARY 28, 2010 IN THE PROPOSED LEGISLATION. THE DEPARTMENT OF PUBLIC WORKS SUPPORTS THE PASSAGE OF CITY COUNCIL BILL 09-0411 WITH THE UNDERSTANDING THAT A 20-FOOT WIDE RIGHT-OF-WAY WILL BE RESERVED FOR FUTURE CITY USE. THE BUREAU OF THE BUDGET AND MANAGEMENT RESEARCH HAS NO OBJECTION TO THE PASSAGE OF CITY COUNCIL BILL 09-0411 BASED ON THE STIPULATION THAT A 20-FOOT RIGHT-OF-WAY IS RESERVED FOR CITY USE AND PENDING A FAVORABLE REPORT FROM THE DEPARTMENT OF PUBLIC WORKS CONCERNING THE PROTECTION OF THE CITY'S UTILITY INTERESTS. ALL REPORTS RECEIVED WERE FAVORABLE. 10-0434 ­ An Ordinance concerning Stormwater Management ­ For the purpose of modifying the provisions governing stormwater management to comply with new requirements of State law: requiring the development, review, and approval of phased plans for stormwater management; establishing certain minimum control requirements to manage stormwater by using environmental site design to the maximum extent practicable; requiring certain design techniques and certain structural and non- structural practices; requiring certain reports and inspections; providing for certain exemptions, waivers, and variances; imposing certain fees; defining and redefining certain terms; correcting, clarifying, and 73 AGENDA BOARD OF ESTIMATES 4/28/10 CITY COUNCIL BILLS ­ cont'd conforming related language; providing for a special effective date; and generally relating to the protection, maintenance, and enhancement of the public health, safety, and welfare through the management of the stormwater. THE DEPARTMENTS OF PUBLIC WORKS AND HOUSING AND COMMUNITY DEVELOPMENT SUPPORT THE PASSAGE OF CITY COUNCIL BILL NO. 10- 0434, INCLUDING THE AMENDMENTS REQUIRED BY THE MARYLAND DEPARTMENT OF THE ENVIRONMENT (MDE). THE DEPARTMENTS OF FINANCE AND THE COMMISSION ON SUSTAINABILITY SUPPORT THE PASSAGE OF THE BILL. THE BALTIMORE POLICE DEPARTMENT DEFERS TO THE DEPARTMENTS OF LAW AND PUBLIC WORKS. BALTIMORE DEVELOPMENT SUPPORTS PASSAGE PROVIDED THAT APPROPRIATE GRANDFATHERING IS INCLUDED TO ALLOW "SHOVEL READY" PROJECTS TO MOVE FORWARD BASED ON APPROVED MASTER STORMWATER PLANS AND THE CITY MAINTAINS THE COMPLIANCE FLEXIBILITY THAT APPEARS TO BE CONTEMPLATED IN THE BILL AS DRAFTED WITHOUT THE MDE AMENDMENT. SUBJECT TO REQUIRED AMENDMENTS, THE DEPARTMENT OF LAW APPROVED THE BILL FOR FORM AND LEGAL SUFFICIENCY. On April 14, 2010, the Board deferred City Council Bill 10-0434 pending further hearings. The hearings have concluded and further amendments were made to City Council Bill 10-0434. By memorandum dated April 26, 2010, the Director of the Department of Public Works requests the Board to approve City Council Bill 10-0434 as amended and shown in the Unofficial Reprint dated April 23, 2010, as approved by the Land Use and Transportation Committee on April 23, 2010. The Maryland Stormwater Act of 2007 updated the requirements and standards development must follow to control the effects of runoff and sediment and erosion control when these sites disturb 5,000 square feet or more of land through development activity. The 2007 Act revisions require stronger controls for runoff and 74 AGENDA BOARD OF ESTIMATES 4/28/10 CITY COUNCIL BILLS ­ cont'd must use Environmental Site Design practices to the maximum extent practicable to control the quantity and quality of stormwater runoff. The intent is to mimic, as much as is possible, the pre-development hydrologic characteristics of the development site through the use of multiple small scale nonstructural green technologies (e.g. swales, rain gardens, limited impervious areas) to optimize conservation of natural features, minimize impervious areas, prevent soil erosion, maintain the integrity of stream channels, and minimize pollutants in stormwater runoff. Jurisdictions have until May 4, 2010 to adopt State approved changes to their stormwater management programs. The provisions of City Council Bill 10- 0434, as amended, will allow for the updating of the City's Stormwater Management law to comply with the Maryland Stormwater Act of 2007. The amendments to City Council Bill 10-0434 include the emergency regulations language, as well as previously provided Maryland Department of the Environment (MDE) technical and clarification amendments. The emergency regulations provide jurisdictions with the ability to consider allowing projects that may have been delayed in moving forward due to economic circumstances, but have met the criteria of Preliminary Plan Approval, to receive and Administrative Waiver. In addition to the technical amendments and the emergency regulations language approved by MDE, a third set of amendments were considered to provide a public comment period for sites that may be considered for waivers. An initial review by the MDE found the language not to conflict with the state law or regulations and would therefore be deemed acceptable. These amendments were reviewed and modified by the Law Department for form and legal sufficiency. 75 AGENDA BOARD OF ESTIMATES 4/28/10 Department of Real Estate - Deed ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a deed with Mercy Medical Center, Inc., for the closing and conveyance of the former beds of a certain street and alleys lying within the area bounded by Pleasant Street, St. Paul Place, the Orleans Street Viaduct and Calvert Street, and the subterranean rights under East Pleasant Street, which has been legally closed. AMOUNT OF MONEY AND SOURCE: $1,200,000.00 ­ appraised value BACKGROUND/EXPLANATION: On September 17, 2007 and on March 27, 2008, the City entered into closing agreements with Mercy Medical Center, Inc., for the closing and conveyance of the former beds of a certain street and alleys lying within the area bounded by Pleasant Street, St. Paul Place, the Orleans Street Viaduct and Calvert Street and the subterranean rights under East Pleasant Street. The closing and conveyance is for the expansion of Mercy Medical Center, Inc's hospital facilities. In the closing agreements, Mercy Medical Center, Inc., agreed to pay the fair market value for the property. The sale for the closing and conveyance was authorized by means of sales Ordinance No. 07-0605, approved on November 27, 2007 and Ordinance No. 09-0178, approved on June 16, 2009. The street closing process is intricate, involves public notice, and other procedures before the deed can be prepared for submission to the Board of Estimates. The process has now concluded and the deed was recently submitted by the Department of Public Works to the Law Department. The Law Department has completed its review of the deed, and therefore it is being submitted to the Board of Estimates. (The deed has been approved by the Law Department for form and legal sufficiency.) 76 AGENDA BOARD OF ESTIMATES 4/28/10 PROPOSALS AND SPECIFICATIONS Department of Transportation ­ TR 08028, Banger Street Reconstruction from Hollins Ferry Road to Dead End BIDS TO BE RECV'D: 06/09/2010 BIDS TO BE OPENED: 06/09/2010 Bureau of Water and Wastewater ­ SC 855, Enhanced Nutrient Removal Modifications to Existing Facilities At Patapsco WWTP BIDS TO BE RECV'D: 06/30/2010 BIDS TO BE OPENED: 06/30/2010 12:00 NOON ANNOUNCEMENT OF BIDS RECEIVED AND OPENING OF BIDS, AS SCHEDULED 77