NOTICE: Resolution effective February 05, 2014. RESOLUTION OF THE BOARD OF ESTIMATES OF BALTIMORE CITY THE REGULATION OF BOARD OF ESTIMATES MEETINGS AND PROTESTS WHEREAS, the Mayor and City Council of Baltimore, acting by and through the Board of Estimates (“Board”), pursuant to Article VI, § 1 et seq. of the Charter of Baltimore City, 1996 Edition, as amended (HEREIN after referred to as “Charter”), is responsible for formulating and executing the fiscal policy of the City, approvals of settlements, acquisitions and dispositions of real property, awarding contracts and supervising purchasing by the City; and other duties as prescribed in the Charter; and WHEREAS, the Board, pursuant to Article VI, § 1 of the Charter is composed of the Mayor, President of the City Council, Comptroller, City Solicitor, and Director of Public Works, and the President of the City Council shall be President of the Board, and one of the members shall act as Secretary; and WHEREAS, the members of the Board meet in public forum each Wednesday at 9:00 a.m. (unless in periodic recess) in the Hyman Pressman Hearing Room to conduct the business of government; and WHEREAS, the Board, pursuant to Article VI, § 2 et seq. of the Charter, may promulgate rules and regulations and summon before it heads of departments, bureaus or divisions, municipal officers, and members of commissions and boards; and WHEREAS, in the interest of promoting better government, order and efficiency the Board wishes to establish certain rules, applicable to all private individuals, business entities, fraternal organizations, special interest groups, associations and other entities, etc. (HEREIN after collectively referred to as “entity”) who wish to speak at the meetings of the Board. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ESTIMATES OF BALTIMORE CITY, that the following rules for the conduct of Board meetings be formally adopted by the Board to apply to all issues to be acted upon, considered, noted, or received at any given meeting: 1. Anyone wishing to speak before the Board, whether individually or as the spokesperson of an entity must notify the Clerk of the Board in writing no later than by noon on the Tuesday preceding any Board meeting, or by an alternative date and time specified in the agenda for the next scheduled meeting. The written protest must state (1) whom you represent and the entity that authorized the representation (2) what the issues are and the facts supporting your position and (3) how the protestant will be harmed by the proposed Board action. 2. Requests to speak on matters submitted to the Board for its information, notation or status report from a previous Board action may be heard at the discretion of the President of the Board. This rule does not preclude the submitting agency from orally presenting the report or matter at the meeting of the Board. 3. Matters may be protested by any entity directly and specifically affected by a pending matter or decision of the Board. The person or entity must submit a written protest of that matter or pending decision. In order for a protest to be considered, the protestant must be present at the Board of Estimates meeting. 4. An entity affected by the disposition of the matter in a way different than an average taxpayer or citizen and who so specifies to the satisfaction of the Board may have their protest heard and considered by the Board. However, the President of the Board reserves the right to call a person or organization to give testimony that he/she determines furthers the effective and fair decision making process of the Board. Protests filed by persons not affected by the disposition of the matter in a way different than an average taxpayer or citizen will be handled and responded to as may be determined by the Clerk of the Board. 5. Protests may be submitted, orally presented and argued by representatives or entities directly impacted by a matter or pending decision before the Board. A Procurement Lobbyist, as defined by Part II, Sec. 8-8 (c) of The City Ethics Code must register with the Board of Ethics as a Procurement Lobbyist in accordance with Section 8-12 of The City Ethics Code. If any member of the Board has sufficient information to determine that Section 8-12 has not been complied with, he or she may make a complaint to the Board of Ethics. 6. The President of the Board shall have the right to limit all speakers to items and issues on the Board agenda, as well as provide a maximum time limit available to a speaker who wishes to address the Board. 7. In the interest of promoting order and efficiency of hearings, persons who are disruptive to the hearing may be required to leave the hearing room. 8. A copy of this Resolution shall be posted in the Department of Legislative Reference, the President of the Board’s web site, and the Secretary to the Board’s web site and shall be included in all Solicitations. 9. This Resolution shall apply to all Board meetings which are convened two (2) weeks or more after its formal adoption. BOARD OF ESTIMATES’ AGENDA – JANUARY 29, 2014 BOARDS AND COMMISSIONS 1. Prequalification of Contractors In accordance with the Rules for Prequalification of Contractors, as amended by the Board on October 31, 1991, the following contractors are recommended: Adrian L. Merton, Inc. $139,347,000.00 Clean Venture, Inc. $ 65,241,000.00 Communications Construction $ 57,492,000.00 Group, LLC Controlled Demolition, Inc. $ 8,000,000.00 Dustin Construction, Inc. $ 69,354,000.00 General Paving & Contracting, $ 6,606,000.00 Inc. Insituform Technologies, LLC $557,784,000.00 Miller Pipeline, LLC $487,440,000.00 AGENDA BOARD OF ESTIMATES 01/29/2014 BOARDS AND COMMISSIONS – cont’d 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: Adams Design Group, LLC Architect ARM Group, Inc. Engineer EMA, Inc. Engineer JRS Architects, Inc. Architect Studio 50 Design, LLC Architect 2 AGENDA BOARD OF ESTIMATES 01/29/2014 Law Department – Settlement Agreement and Release The Board is requested to approve the Settlement Agreement and Release for the following claim: 1. Loren Brown, et al. vs. $200,000.00 Officer Gahiji Tshamba, et al. Account No.: 1001-000000-2041-195500-603070. The settlement has been reviewed and approved by the Settlement Committee of the Law Department. (The Settlement Agreement and Release has been approved by the Law Department as to form and legal sufficiency.) 3 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Recreation and Parks – Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Agreement with GreenPlay, LLC. The period of the agreement is effective upon Board approval for one year. AMOUNT OF MONEY AND SOURCE: $53,215.00 – 9938-917022-9474-900000-703032 BACKGROUND/EXPLANATION: GreenPlay, LLC will provide for recreation and open space professional services. GreenPlay, LLC will work with the Department to better define the role of the Department in meeting the recreational needs of the community. The scope of the agreement includes determining core services and completing an assessment of who is providing programs in Baltimore City, what services are provided, and the gaps and duplication of services. The objective is to reactivate the Department and be more focused and purposeful in the services it is providing. GreenPlay, LLC operates a consortium of experts providing services nationally for parks, recreation, open space and related agencies. GreenPlay, LLC staff has diverse backgrounds in parks and recreation administration and management. MBE/WBE PARTICIPATION: MWBOO set goals of 0% MBE and 0% WBE. AUDITS REVIEWED AND HAD NO OBJECTION. (The Agreement has been approved by the Law Department as to form and legal sufficiency.) 4 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Recreation and Parks – cont’d TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $60,000.00 9938-916022-9475 9938-917022-9474 General Reserve – Community Active - Community Fund Center Master Plan Center Master Plan This transfer will provide funds to cover the costs associated with the agreement between the City and GreenPlay, LLC for recreation and open space professional services. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 5 AGENDA BOARD OF ESTIMATES 01/29/2014 Mayor’s Office of Human Services – FY 2014 Head Start/Early Head Start Amended State Supple- mental Continuation Grant Award ACTION REQUESTED OF B/E: The Board is requested to approve and authorize acceptance of the FY 2014 Head Start/Early Head Start Amended State Supple- mental Continuation Grant Award from the Maryland State Department of Education. The period of the grant is November 1, 2013 through October 31, 2014. AMOUNT OF MONEY AND SOURCE: $913,995.00 – 5000-586814-6051-449900-605001 BACKGROUND/EXPLANATION: Baltimore City Head Start is using these Head Start Amended State Supplemental Continuation Grant funds to offset position vacancies and restore program services that were eliminated due to the sequestration. This funding will allow Head Start delegate agencies to mitigate the impact of numerous programmatic changes that were made in July 2013 and to operate at FY 2013 funding levels. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. 6 AGENDA BOARD OF ESTIMATES 01/29/2014 Mayor’s Office of Human Services (MOHS) – Head Start Program Grant Agreements The Board is requested to approve and authorize execution of the various Head Start Program Grant Agreements. The period of the Agreement is November 1, 2013 through October 31, 2014, unless otherwise indicated. Baltimore City Head Start is using Head Start State Amended State Supplemental Grant funds to offset position vacancies, and restore services eliminated or reduced due to the FY 2014 sequestration. Baltimore City Head Start/Early Head Start was awarded $913,995.00 from the Head Start State Amended State Supplemental Grant. 1. YMCA OF CENTRAL MARYLAND, INC./ $ 57,067.00 EMILY PRICE JONES HEAD START PROGRAM Account: 5000-586814-6051-516100-603051 The program will serve 339 children and their families in Baltimore City. 2. METRO DELTA EDUCATIONAL PROGRAMS, $ 51,645.00 INC./METRO DELTA HEAD START PROGRAM Account: 5000-586814-6051-516300-603051 The program will serve 312 children and their families in Baltimore City. 3. ST. VINCENT de PAUL OF BALTIMORE, $ 76,000.00 INC./ST. VINCENT de PAUL HEAD START PROGRAM Account: 5000-586814-6051-516700-603051 The program will serve 860 children and their families in Baltimore City. 7 AGENDA BOARD OF ESTIMATES 01/29/2014 MOHS – cont’d 4. DAYSPRING PROGRAMS, INC./DAYSPRING $ 86,841.00 HEAD START PROGRAM Account: 5000-586814-6051-515600-603051 The program will serve 11 additional children and their families in Baltimore City. MWBOO GRANTED A WAIVER. 5. SAINT BERNARDINE’S ROMAN CATHOLIC $ 31,979.00 CONGREGATION, INC./ST. BERNARDINE’S HEAD START PROGRAM Account: 5000-586814-6051-516410-603051 The program will serve 191 children and their families in Baltimore City. 6. ASSOCIATED CATHOLIC CHARITIES, INC./ $ 46,137.00 ST. JEROME’S HEAD START PROGRAM Account: 5000-586814-6051-516600-603051 The program will serve 276 children and their families in Baltimore City. 7. ST. VERONICA’S ROMAN CATHOLIC $ 48,614.00 CONGREGATION, INC./ST. VERONICA’S HEAD START PROGRAM Account: 5000-586814-6051-515900-603051 The program will serve 289 children and their families in Baltimore City. 8 AGENDA BOARD OF ESTIMATES 01/29/2014 MOHS – cont’d 8. MORGAN STATE UNIVERSITY FOUNDATION $ 37,030.00 INC./MORGAN STATE UNIVERSITY HEAD START PROGRAM Account: 5000-586814-6051-554000-603051 The program will serve 224 children and their families in Baltimore City. 9. UNION BAPTIST CHURCH–SCHOOL, $ 35,326.00 INC./UNION BAPTIST-HARVEY JOHNSON HEAD START PROGRAM Account: 5000-586814-6051-516000-603051 The program will serve 214 children and their families in Baltimore City. 10. UNITY METHODIST CHURCH/UMOJA $ 30,885.00 HEAD START PROGRAM Account: 5000-586814-6051-517000-603051 The program will serve 187 children and their families in Baltimore City. The Head Start Program Grant Agreements are late because of delays in the administrative review process. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Head Start Program Grant Agreements have been approved by the Law Department as to form and legal sufficiency.) 9 AGENDA BOARD OF ESTIMATES 01/29/2014 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 1. LIFE FITNESS, INC. $ 30,352.19 Low Bid Solicitation No. B50003301 – Fitness Equipment at Morrell Park Recreation Center – Department of Recreation and Parks – Req. No. R649764 The period of the award is January 15, 2014 through April 30, 2014. 2. SMITH-BLAIR, INC. $ 36,136.53 Low Bid Solicitation No. B50003318 – Couplings – Department of Public Works – Req. No. R652087 The period of the award is January 22, 2014 through January 21, 2015, with three 1-year renewal options. 3. TENNANT SALES AND SERVICES COMPANY $ 45,776.00 Low Bid Solicitation No. 07000 – Tennant Scrubber Model No. T20 – Convention Center – Req. No. R651787 4. D&B CONSTRUCTION, INC. $500,000.00 Increase Contract No. B50002539 – Snow Removal Services III – Department of Transportation – P.O. No. P522184 On November 21, 2012, the Board approved the initial award in the amount of $200,000.00. The contract expired on April 25, 2013. The award contained two 1-year renewal options. Due to the increased demand for snow removal an increase in the amount of $500,000.00 is necessary. This increase in the amount of $500,000.00 will make the total award amount $700,000.00. MWBOO GRANTED A WAIVER. 10 AGENDA BOARD OF ESTIMATES 01/29/2014 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 5. LORENZ LAWN & LANDSCAPE, INC., d/b/a LORENZ, INC. $1,000,000.00 Increase Contract No. B50002652 – Snow Removal Services – Department of Transportation – P.O. No. P522527 On January 9, 2013, the Board approved the initial award in the amount of $200,000.00 to A Halcon Contractors, Inc., Donald Fritts Home Remodeling, Lorenz, Inc. and M. Luis Construction Company, Inc. The award contained three 1-year renewal options. On March 20, 2013, the Board rescinded the award to Donald Fritts Home Remodeling, and approved an increase in the amount of $150,000.00 to Lorenz, Inc. Due to an increased demand for snow removal services an increase in the amount of $1,000,000.00 is necessary. This increase in the amount of $1,000,000.00 will make the award amount $1,350,000.00. MWBOO GRANTED A WAIVER. 6. TASER INTERNATIONAL INC. $ 26,000.00 Increase Contract No. B50003166 – Tasers and Related Equipment – Police Department – P.O. No. P516657 On November 6, 2013, the Board approved the initial award in the amount of $1,500,000.00. The contract expires on October 29, 2014. The award contained four 1-year renewal options. On December 5, 2013, the City Purchasing Agent approved an increase in the amount of $15,000.00. This increase in the amount of $26,000.00 is necessary to utilize new grant funding for required cartridges. This increase in the amount of $26,000.00 will make the award amount $1,541,000.00. MWBOO GRANTED A WAIVER. 7. MITCHELL PLUMBING & HEATING, INC. $ 400,000.00 Increase Contract No. B50002088 – Drain Cleaning Services – Department of General Services – P.O. No. P518386 On September 14, 2011, the Board approved the initial award in 11 AGENDA BOARD OF ESTIMATES 01/29/2014 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases the amount of $138,230.00. The contract expires on September 13, 2014. The award contained one 2-year renewal option. On March 27, 2013, the Board approved an increase in the amount of $100,000.00. On August 28, 2013, the Board approved an increase in the amount of $200,000.00. Due to increased usage of the contract an increase in the amount of $400,000.00 is necessary. This increase in the amount of $400,000.00 will make the award amount $838,230.00. 8. NESTLES WATERS NORTH AMERICA, d/b/a DEER PARK $ 200,000.00 Renewal Contract No. B50001266 – Bottled Water – Department of Finance, Various Agencies – Req. Nos. Various On March 24, 2010, the Board approved the initial award in the amount of $200,000.00. The award contained two 1-year renewal options. On January 25, 2012, the Board approved the first renewal in the amount of $200,000.00. This final renewal in the amount of $200,000.00 is for the period March 24, 2014 through March 23, 2016. MWBOO GRANTED A WAIVER. 9. HOLABIRD ENTERPRISES OF MARYLAND, INC. $ 150,000.00 Extension Contract No. B50000672 – Heavy Duty Automatic Transmissions – Department of General Services – P.O. No. P507501 On January 28, 2009, the Board approved the initial award in the amount of $450,000.00. The award contained two 1-year renewal options. Subsequent actions have been approved. This extension in the amount of $450,000.00 is necessary to allow time to complete the solicitation process for a new contract. This extension in the amount of $450,000.00 is for the period January 28, 2014 through April 30, 2014. 12 AGENDA BOARD OF ESTIMATES 01/29/2014 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases THE VENDOR COMMITTED TO 5% FOR MBE AND 0% FOR WBE. MBE: Millennium Auto Parts & $ 8,467.90 0.79% Towing & Service Repair Grady Wright & Associates, 3,693.50 0.34% Inc. Total $12,161.40 1.13% WBE: N/A MWBOO FOUND VENDOR IN COMPLIANCE. 10. GEN-PROBE SALES & $ 125,000.00 Ratification SALES SERVICE, INC. 297,909.00 and Renewal $ 422,909.00 Contract No. 08000 – Chlamydia Trachmatis Test Kits – Health Department – P.O. No. P522011 On November 21, 2012, the Board approved the initial award in the amount $283,000.00. The award contained two 1-year renewal options. The period of the ratification is October 10, 2013 through January 28, 2014. The period of the renewal is January 29, 2014 through February 16, 2015, with one 1-year renewal option remaining. 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. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. MWBOO GRANTED A WAIVER. 13 AGENDA BOARD OF ESTIMATES 01/29/2014 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 11. DEPENDABLE NURSING SERVICES, LLC $290,000.00 PERSONAL TOUCH HOME AIDES OF BALTIMORE, INC. 290,000.00 TRUSTWORTHY STAFFING SOLUTIONS, LLC 311,200.00 CHESAPEAKE MEDICAL STAFFING, LLC 0.00 $891,200.00 Increase Contract No. B50002394 – Personal Care & Homemaker Services – Health Department – P.O. Nos. Various On October 17, 2012, the Board approved the initial award in the amount of $432,525.00. The award contained two 2-year renewal options. On May 3, 2013, the City Purchasing Agent approved an increase in the amount of $33,000.00. On July 3, 2013, the Board approved an increase in the amount of $353,029.00. On October 3, 2013, the City Purchasing Agent approved an increase in the amount of $95,300.00. This increase in the amount of $891,200.00 will be used for the remainder of the fiscal year. The contract expires on October 16, 2014, with two 2-year renewal options remaining. MWBOO GRANTED A WAIVER. 14 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Housing and – Community Development Block Community Development Grant Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Community Development Block Grant Agreement (CDBG) with Coalition to End Childhood Lead Poisoning, Inc. (CECLP). The period of the CDBG agreement is September 1, 2013 through August 31, 2014. AMOUNT OF MONEY AND SOURCE: $185,400.00 – 2089-208914-5930-436763-603051 BACKGROUND/EXPLANATION: The CECLP is dedicated to preventing childhood lead poisoning through advocacy, outreach, and education. Working in partnership with the community, the CECLP is committed to ensuring that all children grow up in affordable, lead-safe housing. In addition, the CECLP wants to ensure that community- based solutions for lead-safe housing are implemented which will result in healthier children and healthier communities. Under the terms of this agreement, the CECLP, through its Safe at Home Green and Healthy Homes Program, will implement a comprehensive approach to reduce childhood lead poisoning, asthma episodes, and other home-based environmental health and safety hazards in Baltimore’s older, low, and moderate-income communities. FOR FY 2014, THE MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $68,500.00, AS FOLLOWS: MBE: $18,495.00 WBE: $ 6,850.00 On June 26, 2013, the Board approved the Resolution authorizing the Commissioner of the Department of Housing and Community 15 AGENDA BOARD OF ESTIMATES 01/29/2014 DHCD – cont’d Development (DHCD), on behalf of the Mayor and City Council, to file a Federal FY 2013 Annual Action Plan for the following formula programs: 1. Community Development Block Grant (CDBG) 2. HOME Investment Partnership Act (HOME) 3. Emergency Shelter Grant Entitlement (ESG) 4. Housing Opportunity for People with AIDS (HOPWA) The DHCD began negotiating and processing the CDBG agreements effective July 1, 2013 and beyond, as outlined in the Plan, pending approval of the Resolution. Consequently, the agreements were delayed due to final negotiations and processing. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Community Development Block Grant Agreement has been approved by the Law Department as to form and legal sufficiency.) 16 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of General Services (DGS) – Takeover Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Takeover Agreement with Westfield Insurance Company. AMOUNT OF MONEY AND SOURCE: $33,534.10 – 9938-901721-9474-000000-702064 BACKGROUND/EXPLANATION: The DGS requests the Board’s approval of the Takeover Agreement with the Surety for Warren-Ehret Company of Maryland, Inc. (W-E) to ensure completion of Contract No. PB 07813, James Gross and Madison Square Recreation Centers HVAC System Upgrades. Pursuant to this Agreement, the $33,534.10 remaining due and owing under Contract PB 07813 is to be paid to Westfield Insurance Company and sent to Daniel Pentecost, Surety Claims Counsel, Westfield Group. By letter of October 25, 2011, the City notified W-E’s Surety in writing of W-E’s continuing failure to prosecute the work required under the contract and requested that the Surety cure W-E’s default by ensuring completion of the Contract. On or about April 5, 2013, the DGS formally terminated for default its contract with W-E and made a demand on the Surety for performance of W-E’s remaining obligation under Contract No. 07813. The Surety has advised the DGS that it has engaged a contractor, G.E. Tignall, Inc., to complete the remaining obligations under W-E’s contract. The City wishes to enter into a Takeover Agreement with the Surety to formalize the Surety’s obligation under the Performance Bond to complete the contractual obligations of W-E. MBE/WBE PARTICIPATION: On October 3, 2013, the Chief of MWBOO waived the need to provide further MBE/WBE participation in the performance of this work. 17 AGENDA BOARD OF ESTIMATES 01/29/2014 DGS – cont’d APPROVED FOR FUNDS BY FINANCE (The Takeover Agreement has been approved by the Law Department as to form and legal sufficiency.) 18 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of General Services - Easement Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Easement Agreement with Gilman School, Inc. AMOUNT OF MONEY AND SOURCE: $1.00 – if demanded BACKGROUND/EXPLANATION: The City, acting by and through its Department of Transportation, is proposing to construct traffic signal equipment and road improvements on a portion of the property owned by Gilman School, Inc., located at 5407 Roland Avenue. This Easement Agreement will allow the City’s contractor to construct roadway improvements and install and maintain signal equipment, in conjunction with the Roland Avenue and Northern Parkway Safety and Roadway Improvement Project, Contract No. TR 12314. MBE/WBE PARTICIPATION: N/A (The Easement Agreement has been approved by the Law Department as to form and legal sufficiency.) 19 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of General Services - Developer’s Agreement No. 1320 ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Developer’s Agreement No. 1320 with Wells CRP Building, LLC, developer. AMOUNT OF MONEY AND SOURCE: $180,374.00 BACKGROUND/EXPLANATION: The developer would like to install a new water service, sanitary and roadway improvements to its proposed construction located at 2 East Wells Street. This Developer’s Agreement will allow the organization to do its own installation in accordance with Baltimore City standards. An Irrevocable Letter of Credit in the amount of $180,374.00 has been issued to Wells CRP Building, LLC 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 No. 1320 has been approved by the Law Department as to form and legal sufficiency.) 20 AGENDA BOARD OF ESTIMATES 01/29/2014 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 to the Minor Privilege Regulations of the Board and the Building Regulations of Baltimore City. LOCATION APPLICANT PRIVILEGE/SIZE 1. 814 N. Calvert St. Alan A. Gertner Retain awning 6’ x 5’ Annual Charge: $119.51 2. 1400 Key Highway DBF, LLC Outdoor seating 24’ x 4’ Annual Charge: $561.50 Since no protests were received, there are no objections to approval. 21 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Transportation - Partial Release of Retainage Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Partial Release of Retainage Agreement for Allied Contractors, Inc., for Contract No. TR 10011RR, Conduit System Repairs at Various Locations Citywide JOC. AMOUNT OF MONEY AND SOURCE: $140,009.09 – 9962-906054-9562-000000-200001 BACKGROUND/EXPLANATION: All work on Contract No. TR 10011RR is substantially completed and all punch list items are complete. The contractor has requested a Partial Release of Retainage in the amount of $140,009.09. The City has $142,009.09 that it is holding in retainage. The remaining $2,000.00 is sufficient to protect the interests of the City. Pursuant to Section 10.04-81 of Specifications, a Final Inspection for Contract No. TR 10011RR was held on May 17, 2013. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Partial Release of Retainage Agreement has been approved by the Law Department as to form and legal sufficiency.) 22 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Transportation – Task Assignment ACTION REQUESTED OF B/E: The Board is requested to approve the assignment of Task No. 19, to Louis Berger Water Services, Inc., under Project 1161, On- Call Construction Project Management Services. AMOUNT OF MONEY AND SOURCE: $56,516.08 - 9950-903378-9508-900020-703032 BACKGROUND/EXPLANATION: This authorization provides for technology support with Primavera, which is used by the Department to manage both construction and design projects. MBE/WBE PARTICIPATION: The consultant will comply with Article 5, Subtitle 28 of the Baltimore City Code and the goals of 27% MBE and 9% WBE established in the original agreement. MWBOO FOUND VENDOR IN COMPLIANCE. AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. 23 AGENDA BOARD OF ESTIMATES 01/29/2014 Department of Transportation – cont’d TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $56,516.08 9950-903378-9509 9950-902378-9508-3 MVR Constr. Reserve Design & Study Transportation DOT Archive Archive Inventory Inventory This transfer will fund the costs associated with Task No. 19, Project No. 1161, On-Call Construction Project Management Services, with Louis Berger Water Services, Inc. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 24 AGENDA BOARD OF ESTIMATES 01/29/2014 Bureau of Water and – Amendment No. 3 to Agreement Wastewater (BW&WW) ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Amendment No. 3 to Agreement with KCI Technologies, Inc., for Project 1118, Improvements to the Wastewater Collection System for Consent Decree Wet Weather Compliance. AMOUNT OF MONEY AND SOURCE: $572,173.54 – Wastewater Revenue Bonds 427,780.22 – Baltimore County $999,953.76 – 9956-902588-9551-900020-702064 BACKGROUND/EXPLANATION: On September 22, 2010, KCI Technologies, Inc. was awarded a contract to provide engineering and technical support for Project 1118, Improvements to the Wastewater Collection System for Consent Decree Wet Weather Compliance for a three year period ending on September 21, 2013. The agreement contained the option to extend the contract duration for five one-year terms. The Amendment No. 2 was approved on June 5, 2013 and exercised the first option to extend the agreement by 12 months until September 21, 2014. This Amendment No. 3 will increase the total upset limit for this contract to $6,678,646.23 and will provide funding for the first optional extension approved on June 05, 2013. During the course of this amendment, KCI Technologies, Inc. will provide additional services including the implementation of the Consent Decree-required fats, oils and grease program (coordination with various agencies, inspection services, and planning of grease abatement treatment). KCI Technologies, Inc. will also provide expanded services within the Utility Asset Management Division which will move the City into a proactive maintenance mode with the goal of solving problems before they become emergencies. Engineering, design, and construction management services relating to the elimination of sanitary sewer overflows and basement backups will be performed. KCI Technologies, Inc. was approved by the Office of Boards and Commissions and the Architectural and Engineering Awards Commission. 25 AGENDA BOARD OF ESTIMATES 01/29/2014 BW&WW – cont’d MBE/WBE PARTICIPATION: The Consultant will continue to comply with all terms and conditions of the MBE/WBE programs in accordance with Baltimore City Code Article 5, Subtitle 28. AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. (The Amendment No. 3 to Agreement has been approved by the Law Department as to form and legal sufficiency.) TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 629,420.00 9956-903627-9549 Wastewater Constr. Reserve Revenue Bonds Wet Weather Program 470,580.00 9956-905410-9549 Balto. County Constr. Reserve $1,100,000.00 Herring Run Inter- Captor $ 999,997.35 ----------------- 9956-902588-9551-3 Design 100,002.65 ----------------- 9956-902588-9551-9 $1,100,000.00 Administrative The funds are needed for Project 1118, Amendment No. 3, Improvements to Wastewater Collection System for Consent Decree Compliance. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 26 AGENDA BOARD OF ESTIMATES 01/29/2014 Bureau of Water and Wastewater (BW&WW) – Consultant Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Consultant Agreement with EBA Engineering, Inc., for Project No. 1180.4, Small Water Main Replacement and Rehabilitation Design at Various, FY 2013 (WC 1284, WC 1285, WC 1286). The Agreement is effective upon Board approval for two years, or until the upset limit is reached, whichever occurs first. AMOUNT OF MONEY AND SOURCE: $900,000.00 – 9960-915617-9557-900020-703032 BACKGROUND/EXPLANATION: EBA Engineering, Inc. will provide water main design and engineering services related to the existing water infrastructure that has been identified by the City at various locations for replacement and/or rehabilitation. The scope of work includes preparation of contract documents including plans, specifications, cost estimates, permit applications, community outreach meetings, right-of-ways, and etc. The consultant was approved by the Office of Boards and Commissions and Architectural and Engineering Awards Commissions. MBE/WBE PARTICIPATION: MBE: Sabra Wang & Associates, Inc. $ 90,000.00 10.00% Dhillion Engineering, Inc. 102,969.26 11.44% * DM Enterprises of Baltimore, 50,100.00 5.57% LLC $243,069.26 27.01% *DM Enterprises of Baltimore, LLC is currently not in good standing with the Maryland Department of Assessment and Taxation. If awarded, the bidder will be allowed to substitute an approved MBE, if awarded, DM Enterprises of Baltimore, LLC is not in good standing at the time of award. 27 AGENDA BOARD OF ESTIMATES 01/29/2014 BW&WW – cont’d WBE: Phoenix Engineering, Inc. $ 48,596.87 5.40% J A Rice, Inc. 49,948.41 5.55% Russell Corrosion 20,118.60 2.23% Consultants, Inc. $118,663.88 13.18% MWBOO FOUND VENDOR IN COMPLIANCE. AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. (The Consultant Agreement has been approved by the Law Department as to form and legal sufficiency.) TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $1,000,000.00 9960-909100-9558 9960-915617-9557-3 Water Revenue Constr. Reserve Design Bonds Infrastructure Rehabilitation The funds are needed to cover the costs of Project 1180.4, Small Water Main Replacement and Rehabilitation Design – Various Locations. (In accordance with Charter requirements, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon.) 28 AGENDA BOARD OF ESTIMATES 01/29/2014 CITY COUNCIL BILL: 13-0296 - An Ordinance concerning the Sale of Property - 3814 Ednor Road 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 3814 Ednor Road (Ward 9, Section 22, Block 3972N, Lot 026) and no longer needed for public use; and providing for a special effective date. ALL REPORTS RECEIVED WERE FAVORABLE. 29 AGENDA BOARD OF ESTIMATES 01/29/2014 Police Department – Professional Services Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Professional Services Agreement with Ms. Adriana Medina (Contractor). The Agreement is effective upon Board approval for one year. AMOUNT OF MONEY AND SOURCE: $7,000.00 – 6000-611214-2013-197500-603026 BACKGROUND/EXPLANATION: The Contractor will provide training development in the administration of cultural diversity training programs at the Department’s Education and Training Section, with a primary teaching focus on recruit training. The training curriculum will be coordinated with the Director of Education and Training. It is anticipated that the training commitment will be ten hours per session/recruit class. The Department plans to hold seven Academy Classes during the period of the contract. The contractor will be responsible for providing all instructors and subject matter experts to provide specific training modules. APPROVED FOR FUNDS BY FINANCE. AUDITS REVIEWED AND HAD NO OBJECTIONS. (The Professional Services Agreement has been approved by the Law Department as to form and legal sufficiency.) 30 AGENDA BOARD OF ESTIMATES 01/29/2014 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS * * * * * * * The Board is requested to approve award of the formally advertised contracts listed on the following pages: 32 - 35 to the low bidder meeting specifications, or reject bids on those as indicated for the reasons stated. In connection with the Transfer of Funds, reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon, as required by the provisions of the City Charter. 31 AGENDA BOARD OF ESTIMATES 01/29/2014 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Department of General Services 1. GS 13808, Library #28 Bob Andrews Construction, $129,548.00 Generator Access and Inc. Fueling MWBOO SET THE MBE GOAL AT 18% AND THE WBE GOAL AT 0%. MBE: Wilson Point Steel, Inc. $25,000.00 19.29% MWBOO FOUND VENDOR IN COMPLIANCE Department of Public Works/Department of Recreation and Parks 2. RP 12819, Druid Hill Worcester Eisenbrant, $ 249,280.00 Park Pavilion Recon- Inc. struction MBE: James Little d/b/a Little Con- $57,350.00 23.09% tractors Global Roofing & Construction, 11,550.00 4.65% Inc. $68,900.00 27.74% WBE: Omega Painting & Contracting, Inc. $ 4,325.00 1.74% The Dirt Express Company 10,800.00 4.34% $15,125.00 6.08% MWBOO FOUND VENDOR IN COMPLIANCE. 32 AGENDA BOARD OF ESTIMATES 01/29/2014 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Bureau of Water and Wastewater 3. SC 909, Improvements Inland Waters $11,197,595.89 to Sanitary Sewers Pollution Control, in the Eastern Portion Inc. of the Herring Run Sewershed MWBOO SET THE MBE GOAL OF 10%: African American (AA): 6% Asian American (ASA): 1% Hispanic American (HA): 3% MBE: AA: JLN Construction Services, $ 671,855.76 6.00% LLC AsA: Kim Engineering, Inc. 111,975.96 1.00% HA: Daco Construction 335,927.88 3.00% Corporation $1,119,759.60 10.00% WBE: Peer Consultants, P.C. $ 223,951.92 2.00% MWBOO FOUND VENDOR IN COMPLIANCE. 4. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $10,494,387.17 9956-907624-9549 Wastewater Constr. Reserve Revenue Bonds Wastewater Rehab.- Program - Herring Run 4,286,439.83 " " Baltimore County $14,780,827.00 $ 1,119,760.00 ----------------- 9956-906652-9551-2 Extra Work 1,119,760.00 ----------------- 9956-906652-9551-3 Engineering 671,855.11 ----------------- 9956-906652-9551-5 Inspection 33 AGENDA BOARD OF ESTIMATES 01/29/2014 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Bureau of Water and Wastewater – cont’d AMOUNT FROM ACCOUNT/S TO ACCOUNT/S 11,197,595.89 ----------------- 9956-906652-9551-6 Construction 671,856.00 ----------------- 9956-906652-9551-9 $14,780,827.00 Administration The funds are needed to cover the costs of SC 909, Improve- ments to Sanitary Sewers in the Eastern Portion of the Herring Run Sewershed. Bureau of Purchases 5. B50003236, Maintenance $ 6,000,000.00 & Repair Services for Denver-Elek, Inc. Plumbing and Heating R.F. Warder, Inc. Systems J.F. Fischer, Inc. (Dept. of General Services, DPW, etc.) This is a requirements contract. However, the vendor will supply the City’s requirement be it more or less. Award is recommended to the three low responsive bidders who will be required to submit lump sum quotes for individual assignments based upon the unit bid prices. MWBOO SET THE MBE GOAL AT 27% AND THE WBE GOAL AT 0%. DENVER-ELEK, INC. MBE: Spears Mechanical 30% Contractors, Inc. MWBOO FOUND VENDOR IN COMPLIANCE. R.F. WARDER, INC. MBE: AWA Mechanical, Inc. 27% MWBOO FOUND VENDOR IN COMPLIANCE. 34 AGENDA BOARD OF ESTIMATES 01/29/2014 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Bureau of Purchases - cont’d J.F. FISCHER, INC. MBE: Horton Mechanical $681,700.00 30% Contractors, Inc. MWBOO FOUND VENDOR IN COMPLIANCE. 6. B50003292, Vehicle, The Best Battery $ 700,000.00 Motorcycle, Generator Company, Inc. and Lawn & Garden Batteries (Agencies: Various) MWBOO GRANTED A WAIVER. 35 AGENDA BOARD OF ESTIMATES 01/29/2014 TRAVEL REQUESTS Fund Name To Attend Source Amount Fire & Police Employees’ Retirement System 1. William Hudson 2014 Trustees and Special $1,919.00 Administrators Funds- Institutes Fire & Lake Buena Vista, FL Police Feb. 15 – 20, 2014 (Reg. Fee $1,140.00) 36 AGENDA BOARD OF ESTIMATES 01/29/2014 PERSONNEL MATTERS * * * * * * The Board is requested to approve all of the Personnel matters listed on the following pages: 38 - 40 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. 37 AGENDA BOARD OF ESTIMATES 01/29/2014 PERSONNEL Department of Human Resources Rate of Pay Amount 1. CARLA MURPHY $200.00 for $ 7,000.00 the first session, $170.00 for each succeeding session (session lasting no more than 3 hours) and $325.00 for each written report 2. JOHN WOODS $200.00 for $ 7,000.00 the first session, $170.00 for each succeeding session (session lasting no more than 3 hours) and $325.00 for each written report Account: 1001-000000-1603-172500-603026 The cost incurred for each hearing is charged to the appellant’s agency. The above-listed individuals will continue to work as Hearing Officers. Ms. Murphy will also work as a Chief Hearing Officer. The Baltimore City Charter permits an investigation for employees discharged, reduced, or suspended for more than 30 days after the completion of the probationary period. The Hearing Officer presides over these investigations and submits a recommendation to the Civil Service Commissioners for approval. The period of the agreement is effective upon Board approval for one year. 38 AGENDA BOARD OF ESTIMATES 01/29/2014 PERSONNEL Department of Human Resources – cont’d 3. Create the following position: 10248 – HR Policy Analyst Grade 116 ($55,000.00 - $77,500.00) Job No.: to be determined by BBMR Costs: $98,817.00 – 1001-000000-1601-172500-601001 Department of Recreation and Parks Rate of Pay Amount 4. NANCY JARVIS $32.00 per hour $ 6,400.00 5. PHYLLIS FRIELLO $32.00 per hour $ 6,400.00 6. JULIE PITTET $32.00 per hour $ 6,400.00 Account: 6000-680514-4713-363400-601009 The above listed individuals will continue to work as Contract Services Specialist II (Ice Skating Instructors). Their duties will include, but will not be limited to providing instructions in figure skating skills for participants in the “Learn to Skate” and summer camp programs. The program will include skills that are basic for the U.S. Figure Skating National Proficiency Tests and evaluation of student performance to determine mastery of specific skills and advancement to the next level. These individuals will also assist students in planning an individual presentation program set to music, provide skating instructions to members of the Youth and Adult Performance Troupe, and provide skating instructions to all levels of the Adult Skating Seminar. The period of the agreement is effective upon Board approval for one year. 39 AGENDA BOARD OF ESTIMATES 01/29/2014 PERSONNEL Department of Human Resources Rate of Pay Amount Department of General Services 7. JAN WALECKA $40.91 per hour $75,000.00 Account: 1001-000000-1982-194700-601009 Ms. Walecka will continue to work as a Contract Services Specialist II (Architectural Project Management Specialist). Her duties will include, but will not be limited to managing multiple and ongoing specialty architectural design and construction contracts for munici- pal buildings and facilities. Ms. Walecka will also provide direction in master planning, architectural and financial aspects. She will represent the Department with City, State, and Federal agencies by providing architectural project management services on complex LEED certified projects, and submit a progress report on a weekly basis regarding all projects. The period of the agreement is effective upon Board approval for one year. 40 AGENDA BOARD OF ESTIMATES 01/29/2014 PROPOSAL AND SPECIFICATIONS 1. Department of Transportation – TR 13305, Resurfacing Highways at Various Locations, Northwest- Sector II BIDS TO BE RECV’D: 02/26/2014 BIDS TO BE OPENED: 02/26/2014 2. Department of Transportation – TR 13306, Resurfacing Highways at Various Locations, Southeast- Sector III BIDS TO BE RECV’D: 02/26/2014 BIDS TO BE OPENED: 02/26/2014 12:00 NOON ANNOUNCEMENTS OF BIDS RECEIVED AND OPENING OF BIDS, AS SCHEDULED 41