NOTICES PROTESTS THE CITY OF BALTIMORE WILL BE CLOSED ON TUESDAY, APRIL 26, 2011 IN REMEMBRANCE OF WILLIAM DONALD SCHAEFER. ALL PROTESTS MUST BE RECEIVED NO LATER THAN 8:45 AM ON WEDNESDAY, APRIL 27, 2011 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 04/27/2011 BOARD OF ESTIMATES' AGENDA ­ APRIL 27, 2011 * * * * * * * * * * THE DEPARTMENT OF FINANCE WILL PRESENT THE PROPOSED ORDINANCE OF ESTIMATES FOR FY 2012 AND AN ORDINANCE TO LEVY AND COLLECT A TAX AND REQUEST AUTHORIZATION TO ADVERTISE THE ORDINANCE OF ESTIMATES 1 AGENDA BOARD OF ESTIMATES 04/27/2011 BOARDS AND COMMISSIONS 1. Prequalification of Contractors In accordance with the Rules for Prequalification of Contractors, as amended by the Board on October 30, 1991, the following contractors are recommended: A & A Construction & Utilities, Inc. $ 1,500,000.00 Accent Custom Contracting, Inc. $ 1,500,000.00 Advanced Government & Industrial Security, Inc. 36,000.00 American Contracting & Environmental Services, Inc. $ 45,261,000.00 Balfour Beatty Infrastructure, Inc. $ 728,415,000.00 MARCOR Environmental, LP and Affiliates $ 83,061,000.00 Partition Plus, Inc. $ 1,500,000.00 R & F Construction, LTD $ 8,000,000.00 Shrader Electric Co., Inc. $ 4,860,000.00 TelephoNet Corporation $ 414,000.00 WConcrete, Inc. $ 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: The Adams Design Group, LLC Architect Alpha Const. and Engineering Corp. Architect, Landscape Architect, Engineer, Survey BOTA consulting Engineers Engineer Delon Hampton & Associates, Inc. Architect, Engineer ECS Mid-Atlantic, LLC Architect, Engineer F.X. Browne, Inc. Engineer Grimm & Parker Architects Architect C. C. Johnson & Malhotra Engineer, Survey Khafra Engineering Consultants, Inc. Architect, Engineer McKissick & McKassick of Wash., Inc Architect, Engineer Skelly & Loy, Inc. Engineer, Land Survey Wilbur Smith Associates Landscape Architect Engineer, Survey 2 AGENDA BOARD OF ESTIMATES 04/27/2011 BOARD OF ESTIMATES' AGENDA ­ APRIL 27, 2011 * * * * * * * * * * THE DEPARTMENT OF FINANCE WILL PRESENT THE PROPOSED ORDINANCE OF ESTIMATES FOR FY 2012 AND AN ORDINANCE TO LEVY AND COLLECT A TAX AND REQUEST AUTHORIZATION TO ADVERTISE THE ORDINANCE OF ESTIMATES 1 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Planning ­ Revisions to the Fiscal 2012 ­ 2017 Capital Budget and Capital Improvement Program ACTION REQUESTED OF B/E: The Board is requested to NOTE receipt of the revisions to the FY 2012 Capital Budget and the FY 2012-2017 Capital Improvement Program. On March 3, 2011 the Planning Commission adopted the recommended FY 2012 Capital Budget and FY 2012-2017 Capital Improvement Program. Since March 3, 2011, the Finance Department recommended the following revisions to the Capital Improvement Program previously submitted: AMOUNT OF MONEY AND SOURCE: Account Project Source Change 534-015 Eastside 990-Other Fund $2,000,000.00 Renovations 534-015 Eastside 100-General Funds 200,000.00 Renovations 197-134 Asbestos Mgmt. 100-General Funds 1,000,000.00 Program 474-773 Neighborhood 603-POS­Grant (500,000.00) Swimming 474-773 Neighborhood 604-POS-Matching 100,000.00 Swimming 474-776 Recreation 603-POS-Grant (750,000.00) Facility Exp/Mod 474-776 Recreation 604-POS-Matching (38,000.00) Facility Exp/Mod 474-783 Maryland Com Parks 690-Other State (300,000.00) & Play 588-962 Northwest 612-State Ed. 218,000.00 Neighborhood Trust Improvement 588-963 Park Heights 612-State Ed. 656,000.00 Redev. Trust 588-963 Park Heights 611-State Race (249,000.00) Redev. Track 512-077 Signal 590-Other Federal 172,000.00 Construction Funds 527-175 Bicycle Network 590-Other Federal 1,200,000.00 Strategy Funds $3,709,000.00 2 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Planning ­ cont'd BACKGROUND/EXPLANATION: The recommended program totals $2,981,908,000.00 for capital projects during fiscal years 2012­2017 and $402,427,000.00 to be appropriated in July as part of the FY 2012 budget. The additional new projects increased the recommended program for FY 2012 capital budget to $406,136,000.00 and the FY 2012­2017 capital program increases to $2,985,617,000.00. Previously, the Board NOTED receipt of the Planning Commission's March 3, 2011 recommended Capital Budget for FY 2012 and the Six-Year Capital Improvement Program and REFERRED same to the Director of Finance and the Board of Finance for review and to make a report and recommendations to the Board of Estimates. 3 AGENDA BOARD OF ESTIMATES 04/27/2011 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 2012 through 2017. BACKGROUND/EXPLANATION: The Department of Finance completed its review of the Six-Year Capital Improvement Program for Fiscal Years 2012 through 2017 and recommends adoption. As required by City Charter, the first year of this program represents the Capital Budget for Fiscal Year 2012 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 Thousands) Source 2012 2013 2014 2015 2016 2017 Total G.O. Bonds 50,000 50,000 48,500 48,500 48,000 48,000 293,000 General Fund 9,000 5,700 5,000 6,000 6,000 6,000 37,700 Motor Vehicle Revenue 5,000 5,000 8,000 10,000 12,000 16,000 56,000 Revenue Loans 138,078 223,457 178,937 134,695 58,000 180,434 913,601 Federal 68,191 35,581 36,454 44,321 34,737 27,291 246,575 State 12,410 27,602 172,716 20,877 5,355 5,355 244,315 Other 123,457 178,903 180,068 112,294 57,760 541,944 1,194,426 Total 406,136 526,243 629,675 376,687 221,852 825,024 2,985,617 4 AGENDA BOARD OF ESTIMATES 04/27/2011 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 2012-17 Capital Improvement Plan at the next scheduled meeting of the Board of Finance on April 25, 2011. 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 delivered to the Board of Estimates. 5 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Audits ­ Audit Report and Related Audit Digest The Board is requested to NOTE receipt of the following Audit Report and Related Digest: City of Baltimore Single Audit for the Fiscal Year ended June 30, 2010. 6 AGENDA BOARD OF ESTIMATES 04/27/2011 BOARDS AND COMMISSIONS 1. Prequalification of Contractors In accordance with the Rules for Prequalification of Contractors, as amended by the Board on October 30, 1991, the following contractors are recommended: A + A Construction & Utilities, Inc. $ 1,500,000.00 Accent Custom Contracting, Inc. $ 1,500,000.00 Advanced Government & Industrial Security, Inc. 36,000.00 American Contracting & Environmental Services, Inc. $ 45,261,000.00 Balfour Beatty Infrastructure, Inc. $ 728,415,000.00 MARCOR Environmental, LP and Affiliates $ 83,061,000.00 Partition Plus, Inc. $ 1,500,000.00 R & F Construction, LTD $ 8,000,000.00 Shrader Electric Co., Inc. $ 4,860,000.00 TelephoNet Corporation $ 414,000.00 W Concrete, Inc. $ 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: The Adams Design Group, LLC Architect Alpha Const. and Engineering Corp. Architect Landscape Architect Engineer Survey BOTA consulting Engineers Engineer Delon Hampton & Associates, Inc. Architect, Engineer ECS Mid-Atlantic, LLC Architect, Engineer F.X. Browne, Inc. Engineer Grimm & Parker Architects Architect C. C. Johnson & Malhotra Engineer, Survey Khafra Engineering Consultants, Inc. Architect, Engineer McKissack & McKissack of Wash., Inc Architect, Engineer Skelly and Loy, Inc. Engineer, Land Survey Wilbur Smith Associates Landscape Architect, Engineer, Survey 7 AGENDA BOARD OF ESTIMATES 04/27/2011 Baltimore Development Corporation ­ Memorandum of Understanding ACTION REQUESTED OF B/E: The Board is requested to approve the form of a memorandum of understanding (MOU) for applicants responding to the RFP for the development of a Video Lottery Terminal Facility in Baltimore City. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: This MOU will set forth the City's minimum acceptable revenue requirements to enter into a ground lease for the City owned parcels on which the facility will be located. In November 2008, Maryland voters approved a State of Maryland law approving the constitutional amendment that authorized a maximum of 15,000 video lottery terminals (VLTs) at a maximum of five locations (facilities). In December 2008, The Maryland Video Lottery Facility Location Commission (Location Commission) solicited proposals from qualified applicants seeking to be awarded one of the five Video Lottery Operation Licenses (Operation License). A facility was authorized in the City, if located within a half-mile of Interstate 95 and Interstate 295, on property owned by the City and not adjacent to, or within one-quarter mile of residential property. In February of 2009, the Location Commission received only one application from the Baltimore City Entertainment Group, LLP (BCEG) for the City site. Over the next several months, the Location Commission evaluated the proposal and ultimately denied the BCEG's application in December 2009. 8 AGENDA BOARD OF ESTIMATES 04/27/2011 BDC ­ cont'd The Location Commission is preparing to issue a new RFP for the City site. The City is interested in attracting a first class operator for a gaming and entertainment facility with ancillary uses. The City is expecting a facility that maximizes the natural amenities of the site, creating a destination to be enjoyed by both local residents and visitors. The City plans to generate revenue from the facility in the form of a ground rent payment and various taxes. The State law (Senate Bill 3/2007 Special Session) requires that revenue derived from a facility must be used by the City for a property tax reduction and school construction/renovation. The Location Commission has requested that the City craft a MOU stipulating the minimum acceptable financial terms to the City. The MOU is to be signed by applicants contingent on the award of a VLT License, thereby acknowledging the City's minimum requirements. The MOU is to be included in the response filed by each applicant that is submitted to the Location Commission. Per the MOU, the applicant will pay the City each year as ground rent the minimum of the greater of (1) 2.99% of proceeds (defined in the State Law), or (2) a guaranteed minimum payment of $8,000,000.00 in the first year of operation, $10,000,000.00 in the second year of operation, $12,000,000.00 in the third year of operation, $13,000,000.00 in the fourth year of operation, and $14,000,000.00 in the fifth year of operation and thereafter. The applicant will pay all real estate taxes on the Slots Facility Site beginning on the effective date of the ground lease. After the VLT Facility is open and in operation, the minimum payment to the City for its portion of the annual real estate taxes will be $3,200,000.00 exclusive of any portion payable to the State. If in any year the City's portion of the real estate taxes is less than $3,200,000.00, the applicant will pay the difference between the amounts of the City's portion of the real estate taxes and the $3,200,000.00 as additional rent. By way of example, if the City's portion of the real estate taxes is $2,600,000.00, the applicant would pay $2,600,000.00 in real estate taxes to the City and $600,000.00 as additional rent. 9 AGENDA BOARD OF ESTIMATES 04/27/2011 BDC ­ cont'd This request is for the approval of the form for the MOU between applicants responding to the RFP and the City for the Video Lottery Terminal project. The MOU will be signed by the applicants setting forth the City's minimum acceptable revenue requirements. After the successful applicant is awarded a VLT License by the State Lottery Commission, additional documents such as the ground lease will be completed and brought to the Board. (The memorandum of understanding has been approved by the Law Department as to form and legal sufficiency.) 10 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of General Services ­ Right-of-Entry Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a right-of-entry agreement with Mr. Robert C. Heinle, et al., grantor. The period of the right-of-entry agreement is effective upon Board approval. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The Department of Public Works, Bureau of Water and Wastewater wishes to enter onto the property known as Ward 26, Section 20, Block 6063, Lots 4 and 5. The property is located adjacent to Biddison Run Stream. The Department will perform work associated with the Biddison Run Stream restoration project to prevent further erosion of the stream bank. This work will be performed at no cost to the property owner. MBE/WBE PARTICIPATION: N/A (The right-of-entry agreement has been approved by the Law Department as to form and legal sufficiency.) 11 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Public Works/ - Developer's Agreement No. 1206 Bureau of General Services ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of developer's agreement no. 1206 with Dayspring Programs, Inc., developer. AMOUNT OF MONEY AND SOURCE: $118,470.00 BACKGROUND/EXPLANATION: The developer would like to make improvements to its proposed construction located in the vicinity of 1125 North Patterson Park Avenue. This project is affiliated with the Historic East Baltimore Community Action Coalition, Inc. (HEBCAC). This developer's agreement will allow the organization to do its own installation, in accordance with Baltimore City standards. A Performance Bond in the amount of $118,470.00 has been issued to Dayspring Programs, Inc. which assumes 100% of the financial responsibility. MBE/WBE PARTICIPATION: City funds will not be utilized for this project, therefore, MBE/WBE participation is not applicable. (The developer's agreement has been approved by the Law Department as to form and legal sufficiency.) 12 AGENDA BOARD OF ESTIMATES 04/27/2011 Mayor's Office of Human Services/ ­ Grant Agreements Homeless Services The Board is requested to approve and authorize execution of the following grant awards: 1. MARIAN HOUSE, INC. $ 47,971.00 Account: 4000-496311-3573-591219-603051 The organization will provide services to four homeless clients. The period of the agreement is December 1, 2010 through November 30, 2011. 2. MARIAN HOUSE, INC. $219,849.00 Account: 4000-496311-3573-591219-603051 The organization will provide housing and supportive services to 15 homeless clients. The period of the agreement is April 1, 2011 through March 31, 2012. The organization provides housing in conjunction with supportive services. The services will include, but not be limited to monthly rental assistance subsidies, security deposits and/or payment for damage to the property if applicable. The agreements are late because the award was recently received from the U.S. Department of Housing and Urban Development. MWBOO GRANTED A WAIVER. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The grant agreements have been approved by the Law Department as to form and legal sufficiency.) 13 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Housing - Community Development and Community Development Block Grant Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Community Development Block Grant (CDBG) with Habitat for Humanity of the Chesapeake, Inc. The period of the grant agreement is July 1, 2010 through June 30, 2011. AMOUNT OF MONEY AND SOURCE: $337,096.00 ­ 2089-208911-5930-431662-603051 BACKGROUND/EXPLANATION: The purpose of this CDBG agreement is to provide CDBG-36 funds to subsidize the sub-grantee's operating expenses. The sub- grantee will complete the rehabilitation of 14 vacant properties for first-time owner-occupancy by low and moderate-income households within the Brooklyn/Curtis Bay, Washington Village/ Pigtown and Monument/McElderry - Fayette areas of the City. All activities will be monitored by City staff. FOR THE FY 2010, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $987,681.00, AS FOLLOWS: MBE: $264,244.00 WBE: $ 97,868.00 On June 30, 2010, 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 2010 Annual Action Plan for the following formula programs: 1. Community Development Block Grant (CDBG) 2. HOME Investment Partnership Act (HOME) 3. Housing Opportunity for People with AIDS (HOPWA) 4. Emergency Shelter Grant Program (ESG) 14 AGENDA BOARD OF ESTIMATES 04/27/2011 DHCD ­ cont'd Upon approval of the resolution, the DHCD's Contract Section began negotiating and processing the CDBG agreements as outlined in the Plan effective July 1, 2010 and beyond. Consequently, this agreement was delayed due to final negotiations and processing. 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.) 15 AGENDA BOARD OF ESTIMATES 04/27/2011 PROPOSALS AND SPECIFICATIONS 1. Department of Transportation - TR 10001R, Replacement of Bridge BC 6521, George's Creek Road Over George's Run BIDS TO BE RECV'D: 05/18/2011 BIDS TO BE OPENED: 05/18/2011 2. Department of Transportation - TR 10310, Pedestrian Lighting in Baltimore City in the Hunting Ridge, Ten Hills, and Franklintown Communities BIDS TO BE RECV'D: 06/22/2011 BIDS TO BE OPENED: 06/22/2011 3. Department of Transportation - TR 11302, Resurfacing Highways at Various Locations Southwest ­ Sector III BIDS TO BE RECV'D: 07/13/2011 BIDS TO BE OPENED: 07/13/2011 16 AGENDA BOARD OF ESTIMATES 04/27/2011 Health Department ­ Notification of Grant Award ACTION REQUESTED OF B/E: The Board is requested to approve and authorize acceptance of a notification of grant award (NGA) from the Maryland Department of Aging (MDoA) State Allocations for FY11. The period of the grant award is October 1, 2010 through September 30, 2011. AMOUNT OF MONEY AND SOURCE: $25,000.00 ­ 5000-536011-3044-273300-404001 BACKGROUND/EXPLANATION: This award will allow the Department to provide funding for seniors under the MDoA ­ Maryland Access Point program. The purpose of this program is to streamline policies and practices at the State and local levels and increase consumer access to information and services for long-term care and support in a comprehensive, flexible, and cost effective manner. The NGA is being presented at this time because it was just received from the MDoA. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. (The grant award notification has been approved by the Law Department as to form and legal sufficiency.) 17 AGENDA BOARD OF ESTIMATES 04/27/2011 Health Department ­ Agreements The Board is requested to approve and authorize execution of the various agreements. 1. BALTIMORE SUBSTANCE ABUSE SYSTEMS, $325,000.00 INC. (BSAS) Account: 4000-497811-3070-287500-603051 The organization will implement treatment services for the Baltimore City Adult District Court Expansion and Enhancement. The BSAS will oversee implementation of the project and contract with sub-grantee providers, liaison with the project evaluator, submit narrative and financial reports to the Department and to the Substance Abuse and Mental Health Services Administration (SAMHSA). The organization will also monitor service delivery to ensure that services are consistent with project requirements as well as attend mandatory SAMHSA grantee meetings. The period of the agreement is September 30, 2010 through September 29, 2011. The agreement is late because the notice of award from SAMHSA was approved on November 17, 2010. 2. CHASE BREXTON HEALTH SERVICES, INC. $ 15,000.00 Account: 5000-530311-3041-605802-603051 The organization will work with the Department to provide information and education services on tobacco use prevention and cessation to Hispanics, Native American adults, women and Gay adults in community settings, and to reduce second hand smoke exposure. The period of the agreement is July 1, 2010 through June 30, 2011. 18 AGENDA BOARD OF ESTIMATES 04/27/2011 Health Department ­ cont'd The agreement is late because the award to Chase Brexton Health Services, Inc. was made late in the fiscal year on December 17, 2010. 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.) 19 AGENDA BOARD OF ESTIMATES 04/27/2011 EXTRA WORK ORDERS AND TRANSFER OF FUNDS * * * * * * The Board is requested to approve all of the Extra Work Orders as listed on the following pages: 21 - 23 The EWOs have been reviewed and approved by the Department of Audits, CORC, and MWBOO unless otherwise indicated. In connection with the Transfers of Funds, pursuant to Charter provisions, reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 20 AGENDA BOARD OF ESTIMATES 04/27/2011 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Transportation 1. EWO #001, $18,103.03 ­ 2009/2010 Bridge Inspection Program, Project No. 1105 $2,499,291.76 - STV, Inc. - - 2. EWO #002, $85,291.30 ­ 2009/2010 Bridge Inspection Program, Project No. 1105 $2,499,291.76 $18,103.03 STV, Inc. - - 3. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $103,394.33 9950-905834-9509 9950-907753-9506-3 MVR Constr. Reserve Design & Studies Forest Avenue Bridge Inspection Bridge Program FY 2009/2010 This transfer will provide funds to cover the costs associated with Change Order Nos. 001 and 002 on the project "Bridge Inspection Program FY 2009/2010" with STV, Inc. for design of the pedestrian bridge located between the Harbor Place & Hyatt Hotel Parking Garage and for bridge inspection for all pedestrian bridges in the Downtown area. 4. EWO #004, $1,045,051.45 ­ Project No. 1136, On-Call Conduit Occupancy Surveys Citywide, Task No.4 $3,000,000.00 $1,954,912.88 KCI/STV Joint - - Venture 21 AGENDA BOARD OF ESTIMATES 04/27/2011 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Transportation 5. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $1,045,051.45 9962-941002-9563 9962-904056-9562 Other Constr. Reserve Conduit Occupancy Conduit Replace- Survey ment Program This transfer will provide funds to cover the costs associated with Project No. 1136, Task No. 4 for conduit occupancy survey for inspection of manholes at various locations with KCI/STV Joint Venture. 6. EWO #005, $180,982.73 ­ Project 1007, Dundalk Avenue Streetscape $ 518,077.84 $189,273.94 Jacobs Engineering - - Group, Inc. 7. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 199,291.76 9950-904453-9509 9950-903453-9508-3 State Constr. Constr. Reserve Design & Studies Loan Dundalk Avenue Dundalk Avenue Streetscape Streetscape Eastern to City Line This transfer will provide funds to cover the costs associated with Change Order No. 5 on Project No. 1007 with Jacobs Engineering Group, Inc. for design related expenses for the Dundalk Avenue Streetscape. 22 AGENDA BOARD OF ESTIMATES 04/27/2011 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Transportation 8. EWO #022, $100,000.00 ­ Project NO. 1074, Task No. 22, On- Call Consultant Services, Reconstruction, Rehabilitation and/or Resurfacing $250,000.00 $1,340,355.50 Sabra, Wang & - - Associates, Inc. 9. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 78,713.85 9950-905520-9509 MVR Constr. Reserve On-Call Highway Services 84,642.65 9950-917001-9507 MVR Constr. Reserve Federal Highway Aid $163,356.50 ------------------ 9950-904520-9508-3 Design & Studies On-Call Highway Services This transfer will provide funds to cover the deficit in the account and fund costs associated with the award of Task No. 22, under Project No. 01074 to Sabra Wang & Associates, Inc. to provide design solutions, develop erosion & sediment plans, assist the City with ADA design, develop landscape/streetscape plans, and other assignments. 10. EWO #002, $40,392.42 ­ Project No. 889, Edmondson Avenue Bridge Over Gwynns Falls and CSXT Railroad $1,068,231.15 $148,904.00 Greenhorne & - - O'Mara, Inc. 23 AGENDA BOARD OF ESTIMATES 04/27/2011 PERSONNEL MATTERS * * * * * * The Board is requested to approve all of the Personnel matters listed on the following page: 25 All of the Personnel matters have been approved by the EXPENDITURE CONTROL COMMITTEE. All of the contracts have been approved by the Law Department as to form and legal sufficiency. 24 AGENDA BOARD OF ESTIMATES 04/27/2011 PERSONNEL Department of Recreation and Parks Hourly Rate Amount 1. KATHERINE BROWER $35.00 $63,700.00 Account: 5000-578711-4711-361870-601009 Ms. Brower will work as an Urban Planner in the Capital Development Division. Her duties will include but are not limited to developing constituency-based citywide master plans for the City's park system and recreation facilities, designing and conducting surveys and analyzing data to assess community needs. The period of the agreement is effective upon Board approval for one year. 2. DIANA MITCHELL $15.00 $13,650.00 Account: 6000-680411-4731-363403-601009 Ms. Mitchell will work as a Coordinator for the Bureau of Music's Summer Concert Series. Her duties will include but are not limited to obtaining certification on the set-up and operation of the City's StageLine 100 mobile stage, coordinating the rental of the mobile stage for city-wide community events and festivals, and assisting in developing media releases. The period of the agreement is effective upon Board approval for six months, unless terminated sooner. Health Department 3. Create the following one position: 74139 ­ City Planner Supervisor Grade 117 ($56,000.00 - $79,400.00) Job No. 3150 to be determined Cost: $78,535.00 ­ 4000-423111-3150-307900-601001 25 AGENDA BOARD OF ESTIMATES 04/27/2011 TRANSFERS OF FUNDS * * * * * * The Board is requested to approve the Transfers of Funds listed on the following pages: 27 - 29 In accordance with Charter provisions reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 26 AGENDA BOARD OF ESTIMATES 04/27/2011 TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Enoch Pratt Free Library 1. $196,681.70 9936-908200-9458 9936-906060-9457 1st Library Loan Facilities Waverly Library Modernization The Waverly Library was built in 1971 and is in need of renovation. The renovation will address basic structural issues as well as physical improvements that will dramatically affect service delivery. The Branch improvements will provide access to all customers including those with disabilities and offer greater space for public use of technology. In addition, the improvements will provide for appropriate spaces for services to children and teens. This transfer will allow for the awarding of a contract for design and construction administration. The facilities modernization account was created to support renovations in neighborhood libraries and is a holding account until projects are initiated. Department of Planning/Mayoralty Related 2. $500,000.00 9904-902783-9129 9904-903783-9127 3rd Lyric Opera The Lyric Opera The Lyric Opera House Loan House ­ Reserve House ­ Active This transfer will provide funds to the Lyric Opera House to cover costs associated with the renovations and expansion of the backstage area. This expansion will create a more spacious backstage area to enable greater use of the facility by more diverse production companies. 27 AGENDA BOARD OF ESTIMATES 04/27/2011 TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Baltimore Development Corporation (BDC) 3. $200,000.00 9910-901876-9600 9910-905874-9601 Federal Revenue Constr. Res. Brownsfield Industrial Park Clean-Up Development This transfer will provide funds to reimburse the BDC for expenses incurred while administering a clean-up grant program from the Environmental Protection Agency (EPA). In 2006, the City of Baltimore received a $200,000.00 grant from the EPA to assist in the clean-up of the property located at 101 W. Garrett Street. The State of Maryland also received a similar grant for the adjacent parcel and coordinated cleanup activities commenced in September 2010. 4. $ 40,452.00 9910-902483-9600 9910-903483-9601 22nd EDF Constr. Res. S. Balto. Ind. S. Balto. Ind. & Coml. Dev. & Coml. Dev. 46,429.59 9910-903354-9600 9910-904354-9601 22nd EDF Constr. Res. W. Balto. Ind. W. Balto. Ind. & Coml. Dev. & Coml. Dev. 5,391.44 9910-904115-9600 9910-905825-9603 nd 22 EDF Constr. Res. West Side Downtown West Side Initiative 364.00 9910-904982-9600 9910-902879-9601 nd 22 EDF Constr. Res. Coml. Rev. Coml. Rev. Program 3,442.97 9910-905575-9600 9910-906575-9601 nd 22 EDF Constr. Res. E. Balto. Ind. ___________ E. Balto. Ind. & Coml. Dev. $ 96,080.00 & Coml. Dev. 28 AGENDA BOARD OF ESTIMATES 04/27/2011 TRANSFER OF FUNDS BDC ­ cont'd This transfer will provide funds to reimburse Baltimore Development Corporation for eligible capital expenses for the month ending February 28, 2011. 29 AGENDA BOARD OF ESTIMATES 04/27/2011 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 1. F.L. ANDERSON COMPANY $ 49,513.80 Low Bid Solicitation No. B50001904 ­ Firefighter Turnout Boots ­ Fire Department ­ Req. No. R559827 The award is for the period May 1, 2011 to April 30, 2012. 2. GETINGE USA, INC. $ 40,766.00 Low Bid Solicitation No. B50001897 ­ Autoclave Installation and Re- moval ­ Department of Public Works, Bureau of Water and Waste- water ­ Req. No. R569614 Vendors were solicited by posting on CitiBuy. The two bids were opened on April 8, 2011. The award is for the period April 27, 2011 through April 26, 2012. MWBOO GRANTED A WAIVER. 3. GLOBAL MESSENGER CORPORATION $ 24,700.00 Increase Solicitation No. B5000908 ­ Provide Courier Service ­ Health Department ­ P.O. No. P512262 On January 18, 2009, the Board approved the initial award in the amount of $11,257.00. The award contained an option to renew at the sole discretion of the City. Subsequent actions have been approved. An increase in the amount of $24,700.00 is necessary to accommodate other areas of the Health Department requiring courier services. This increase will make the award amount $58,471.00. 30 AGENDA BOARD OF ESTIMATES 04/27/2011 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 4. DUROBAG $ 85,000.00 Renewal Solicitation No. B50000414 ­ Paper Lawn and Leaf Bags ­ Agen- cies Various ­ P.O. No. P502286 On May 21, 2008, the Board approved the initial award in the amount of $120,530.00. The award contained two 1-year renewal options at the sole discretion of the City. Subsequent ac- tions have been approved. This renewal in the amount of $85,000.00 is for the period May 1, 2011 through April 30, 2012, with one 1-year renewal option remaining. MWBOO GRANTED A WAIVER. 5. STU RON SPRING INC., t/a PETER'S SPRING & ALIGNMENT $200,000.00 Increase Solicitation No. BP 06087 ­ Spring and Suspension Repairs ­ Department of General Services ­ P.O. No. P507247 On July 12, 2006, the Board approved the initial award in the amount of $1,700,000.00 to Stu Ron Spring, Inc. and Middleton and Meads. On August 26, 2009, the Board approved a term or- der in the amount of $624,811.18, which was split in half be- tween Stu Ron Spring, Inc. and Middleton and Meads in the amount of $312,405.59 each. Additional funds are required due to an increased need for spring and suspension repair service, making the award amount $483,333.34 to Stu Ron Spring, Inc. t/a Peter's Spring and Alignment. MWBOO SET GOALS OF 2% MBE AND 1% WBE. MBE: B&B Lighting Supply 0.33% Universal Towing, LLC 0.33% Fire Safety Company 0.17% WBE: Robnet, Inc. 0.25% MWBOO FOUND VENDOR IN COMPLIANCE. 31 AGENDA BOARD OF ESTIMATES 04/27/2011 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 6. CHESAPEAKE FORD TRUCK SALES, INC. $100,000.00 Increase Solicitation No. B500001098 ­ O.E.M. Parts and Service for De- troit Engines and Allison Transmissions ­ Department of Gen- eral Services ­ P.O. No. P509140 On July 15, 2009, the Board approved the initial award to Har- bor Truck in the amount of $100,000.00, Chesapeake Ford Truck Sales, Inc. in the amount of $70,000.00 and Johnson & Towers, Inc. in the amount of $30,000.00. On June 23, 2010, the Board approved an increase in the amount of $70,000.00 to Chesapeake Ford Truck Sales, Inc. Due to a higher than anticipated de- mand for parts and services this increase in the amount of $100,000.00 to Chesapeake Ford Truck Sales, Inc. will make its award amount $240,000.00. MWBOO GRANTED A WAIVER. 32 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Finance ­ BPW Capital Project Grant Agreement The Board is requested to approve and authorize execution of the Capital Project Grant Agreement with the State of Maryland act- ing through the Board of Public Works. AMOUNT OF MONEY AND SOURCE: $5,000,000.00 ­ State of Maryland Loan Authorization Maryland Consolidated Capital Bond Loan BACKGROUND/EXPLANATION: Chapter 483 of the 2010 Laws of Maryland authorizes the creation of a State debt in the amount of $5,000,000.00, for property ac- quisition, demolition, and site improvements in the East Balti- more Biotechnology Park area. APPROVED FOR FUNDS BY FINANCE (The capital project grant agreement has been approved by the Law Department as to form and legal sufficiency.) TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $5,000,000.00 9910-904979-9587 9910-906416-9588 State Reviti- East Baltimore EBDI Acquisition lization Funds Redevelopment FY 2011 This transfer will provide state revitalization funds for acquisition costs for the East Baltimore Development Ini- tiative for fiscal year 2011. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Fi- nance having reported favorably thereon.) 33 AGENDA BOARD OF ESTIMATES 04/27/2011 Law Department ­ Claim Settlement and Release Agreements The Board is requested to approve and authorize execution of the settlement and release agreements of the below listed claims. The settlement and release agreements have been reviewed and approved by the Settlement Committee of the Law Department. 1. Deon Johnson, et al. v. $42,500.00 Officer Steven Kolacz, et al. 2. Starr A. Brown v. $125,000.00 Officer Karyn Crisafulli, et al. Account: 1001-000000-2041-195500-603070 (The settlement and release agreements have been approved by the Law Department as to form and legal sufficiency.) 34 AGENDA BOARD OF ESTIMATES 04/27/2011 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS * * * * * * * The Board is requested to approve award of the formally advertised contracts listed on the following page: 36 to the low bidder meeting specifications, or reject bids on those as indicated for the reasons stated. 35 AGENDA BOARD OF ESTIMATES 04/27/2011 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS: Bureau of Purchases 1. B50001847, Audit KPMG, LLP $ 779,745.00 Financial Statements (5-year amt.) for the City of Baltimore MBE: King, King & Associates, P.A. $77,975.00 10.00% WBE: Kahler & Associates $46,785.00 6.00% MWBOO FOUND VENDOR IN COMPLIANCE. 2. B50001865, Emergency REJECTION ­ On March 23, 2011, Medical Supplies nine proposals were received and opened. One bidder's proposal was found non-responsive for bond irregularities. The remaining bidders submission were non- responsive because of a failure to meet bonding or insurance requirements. Therefore, the Board is requested to reject all bids. The solicitation will be posted and advertised again. 3. B50001881, Crew Cab Chas S. Winner $ 56,790.00 with Utility Body d/b/a Winner Ford MWBOO GRANTED A WAIVER. 36 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Housing and ­ Deed of Extinguishment of Community Development Covenants ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a deed of extinguishment of covenants with Timothy 618, LLC, developer, for the property located at 1028 and 1044 N. Broadway Street. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The Homeowner's Addendum requires the owner to occupy the properties after completion, or sell them to an owner-occupant. The properties have been on the market but have not been sold. The owners want to remove the restriction so they can have the property occupied by a tenant, and avoid vandalism. The owners also want to pledge these properties as collateral for a loan to facilitate the rehabilitation of an additional property that they own in the immediate area. (The deed of extinguishment of covenants has been approved by the Law Department as to form and legal sufficiency.) 37 AGENDA BOARD OF ESTIMATES 04/27/2011 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 15 favorable reports on Transfers of Funds approved by the Board of Estimates at its meetings on March 30, 2011 and April 6, 2011. 38 AGENDA BOARD OF ESTIMATES 04/27/2011 Department of Transportation(DOT) ­ Amendment No. 3 to Transit Service Agreement and Consent and Agreement of the City ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of amendment no. 3 to transit service agreement with Veolia Transportation Services, Inc. (Veolia) and the consent and agreement on behalf of Veolia (Assignor) and Banc of America Public Capital Corp. (Assignee). The Board is further requested to authorize the Director of Transportation to exercise an option for Veolia to purchase four additional buses pursuant to a grant from the Federal Transit Administration's Paul Sarbanes' Transit in the Parks Program (TRIPP), that will be used in support of the War of 1812 Bi- centennial Celebration. AMOUNT OF MONEY AND SOURCE: $421,300.00 ­ 6000-617411-2303-248700-603026 (Revenue Contract) BACKGROUND/EXPLANATION: On February 11, 2009, the Board approved a five-year Transit Service Agreement (TSA) with Veolia to provide transit/shuttle services for the Downtown Circulator project, now operating as the Charm City Circulator (CCC). The TSA agreement also provided for the acquisition of 21 DesignLine EcoSaver IV LF Hybrid Electric Vehicles (Equipment). On June 17, 2009, the Board approved amendment no. 1 to the TSA to provide for advertising on the Equipment and making other technical corrections to that document. On December 16, 2009, the Board approved amendment no. 2 to the TSA which, in addition to provisions related to advertising, reduced the amount financed by the City from $6,400,000.00 to $3,500,000.00 reflecting the reduction in the interest rate from 7% to 3.889% and the reduction in the term financed from 12 years to 7 years. These adjustments were based on the assignment of the financial agreement between the City and Veolia to Banc of America Public Capital Corp. 39 AGENDA BOARD OF ESTIMATES 04/27/2011 DOT ­ cont'd As initially planned, the CCC was to operate three routes (Orange, Purple, and Green) using the Eco Saver IV bus manufactured by DesignLine North America, with service beginning in the July 2009. However, continuous delays in delivery of the buses pushed actual deployment of the first route (Orange Route) to January 10, 2010, continued delays in the delivery of the buses coupled with the DOT's dissatisfaction with the vehicle performance prompted the DOT to make changes in the course of action necessary for the successful deployment and operation of the CCC. In response to these issues the DOT has made the following adjustments in its development and deployment planning to provide the level of service that was promised: 1) Veolia's Termination of the Contract with DesignLine: The CCC operation was to be comprised of a fleet of 21 Eco Saver IV buses manufactured by DesignLine North America, with full service beginning in the fall of 2009. As of December 2010 DesignLine has delivered 13 vehicles. The dependability of the vehicles does not meet the level required for the successful operation of the CCC; and the financial viability of DesignLine is very much in question. In response to these issues Veolia, with the City's concurrence, has severed the relationship with DesignLine, and pursuant to the contractual agreement between Veolia and DesignLine, liquidated damages are being sought. Under this agreement, the DOT accelerates its payments to Veolia in the amount of $1,569,432.00 to cover the difference between what Veolia has paid to DesignLine and what the City has paid to Veolia. 2) Short Term Addition of Van Hool Buses to the CCC Fleet: To stabilize the operations of the Orange and Purple routes, and to return to and maintain the promised 10 minute headway, the DOT is leasing five 40' Van Hool low floor transit buses on a 36 month basis. The buses are outfitted in a manner similar to the DesignLine Eco Saver IV buses, and will be used to augment the DesignLine fleet. The lease agreement with ABC Leasing Companies is through Veolia and calls for a monthly payment to Veolia of $5,945.00 per bus for a 36 month commitment of $1,034,100.00. 40 AGENDA BOARD OF ESTIMATES 04/27/2011 DOT ­ cont'd 3) Agreement with Daimler Buses North America: To provide a vehicle that has a track record of reliability, and delivers the level of dependability required for the CCC operations, Veolia, with the City's concurrence, has entered into a agreement with Daimler Buses North America for the manufacture of eight 40' Orion BRT Hybrid buses for the CCC fleet. These buses will bring the CCC fleet for the Orange, Purple, and Green Routes to a total of 21 buses as originally planned. It should be noted that the amended per unit contractual cost for the DesignLine buses was $590,000.00; conversely, the quoted per unit cost of the Orion buses is $501,000.00. 4) Deployment of the East Side Shuttle: In response to continued delays in the planned Green Route, to meet contractual obligations pursuant to Board approved Traffic Mitigation Agreements, and to provide some level of service to the City Hall, Fells Point, Harbor East, and EBDI/Johns Hopkins, an interim service (East Side Shuttle) has been initiated. An interim hourly rate of $85.00 has been agreed to by the parties, retroactively effective to January 3, 2011. This route (which is a condensed version of the Green Route) will operate five days per week, run limited hours, and maintain 15 to 30 minute head ways. The truck buses used on the route will have limited capacity and the number of stops has been reduced from the total number of stops planned for the Green Route. As with the CCC this service is free and is open to the public. It will remain in service until the deployment of the Green Route which is now anticipated to be the late fall of 2011. When considering both the interim bus lease and revised purchase price of the buses, the City will save $421,300.00 from the original contract. AUDITS REVIEWED AND HAD NO OBJECTION. (The amendment no. 3 to transit service agreement and the consent and agreement of City have been approved by the Law Department as to form and legal sufficiency.) 41 AGENDA BOARD OF ESTIMATES 04/27/2011 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount Dept. of Housing and Community Development ­ Condemnation 1. IMC Mortgage 911 N. Castle St. L/H $ 6,980.00 Company Funds are available in Account No. 9910-906416-9588-900000- 704040, EBDI Project, Phase II. DHCD ­ Rescission and Approval 2. Constance R. 1908 N. Castle St. G/R $ 240.00 Caplan, Mark M. $36.00 Caplan, Jonathan C. Caplan, Catherine R. Caplan and Eugene H. Schreiber, Trustees of the Charitable Income Trust under the Will of Caswell J. Caplan Funds are available in Account No. 9910-908087-9588-900000- 704040, Columbus School Project. On February 9, 2011, the Board approved the acquisition by condemnation, of the ground rent interest in 1908 N. Castle St. for the amount of $240.00. However, since that time, the owners have agreed to a voluntary settlement. Therefore, the Board is requested to rescind its previous approval and approve the option for the amount of $240.00. In the event that the option agreement fails and settlement cannot be achieved, the Department requests the Board's approval to purchase the interest in the above property by condemnation proceedings for an amount equal to or lesser than the option amount. 42 AGENDA BOARD OF ESTIMATES 04/27/2011 12:00 NOON ANNOUNCEMENT OF BIDS RECEIVED AND OPENING OF BIDS, AS SCHEDULED 43