NOTICES: 1. On January 22, 2014, the Board of Estimates approved the Resolution on the Regulation of Board of Estimates Meetings and Protests, effective February 05, 2014. Pursuant to the Resolution: a. 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. b. Matters may be protested by a person or any entity directly and specifically affected by a pending matter or decision of the Board. In order for a protest to be considered, the protestant must be present at the Board of Estimates meeting at 9:00 A.M., Room 215 City Hall. c. 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. The full text of the Resolution is posted in the Department of Legislative Reference, the President of the Board’s web site, (http://www.baltimorecitycouncil.com/boe_agenda.htm) and the Secretary to the Board’s web site (http://www.comptroller. baltimorecity.gov/BOE.html). Submit Protests to: Attn: Clerk, Board of Estimates Room 204, City Hall 100 N. Holliday Street Baltimore, Maryland 21202 BOARD OF ESTIMATES’ AGENDA – MARCH 2, 2016 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: American Combustion Industries, Inc. $ 8,000,000.00 Civil Construction, LLC $ 39,852,000.00 Communications Construction Group, LLC $126,414,000.00 Flippo Construction Company, Inc. $ 8,000,000.00 Joseph L. Winkler Company, Inc. $ 8,000,000.00 Kalkreuth Roofing & Sheet Metal, Inc. $ 8,000,000.00 Metra Industries, Inc. $ 50,697,000.00 Mona Electric Group, Inc. $163,143,000.00 P. Flanigan & Sons, Inc. $120,663,000.00 Savin Engineers, P.C. $ 78,462,000.00 The Berg Corporation $ 8,000,000.00 Wagman Heavy Civil, Inc. $517,848,000.00 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: Carroll Engineering, Inc. Engineer Landscape Architect GWWO, Inc./Architects Architect Jacobs Engineering Group, Inc. Engineer Architect KWC Engineering Technologies, Inc. Land Survey AGENDA BOARD OF ESTIMATES 03/02/2016 Parking Authority of – Parking Facility Rate Adjustment Baltimore City (PABC) ACTION REQUESTED OF B/E: The Board is requested to approve an adjustment to the monthly rate at the City-owned Lexington Street Garage that is managed by the PABC. The Parking Facility Rate Adjustment is effective upon Board approval. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The PABC is charged with managing the City of Baltimore’s parking assets. Proper stewardship of those assets requires that the PABC realize the best possible return on the City’s parking investments. Pursuant to Article 31, §13(f)(2) of the Baltimore City Code, subject to the approval of the Board of Estimates, the PABC may set the rates for any parking project. The PABC believes that rate adjustments at this parking facility are warranted at this time. To bring the monthly rate charged at Lexington Street Garage in line with its surrounding facilities, the PABC staff developed the rate adjustment recommendation submitted hereto. This rate adjustment was unanimously approved by the PABC Board of Directors. 2 AGENDA BOARD OF ESTIMATES 03/02/2016 PABC – cont’d Location Proposed Transient Rate Changes Proposed Monthly Rate Changes Lexington Street Regular Monthly Rate Garage No proposed rate adjustments Current Rate Proposed Rate Last Rate Change Regular Rate $125.00 $130.00 May 2011 MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE 3 AGENDA BOARD OF ESTIMATES 03/02/2016 EXTRA WORK ORDERS * * * * * * The Board is requested to approve the Extra Work Orders as listed on the following pages: 5 - 6 The EWOs have been reviewed and approved by the Department of Audits, CORC, and MWBOO unless otherwise indicated. 4 AGENDA BOARD OF ESTIMATES 03/02/2016 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Transportation/Engineering & Construction (DOT) 1. EWO #004, $0.00 – TR 05309, Reisterstown Road Streetscape: Northern Parkway to City Line $9,041,628.00 $35,577.48 Concrete General, 90 97% Inc. days This authorization is requested on behalf of the DOT and provides for a 90-day non-compensable time extension for administrative purposes only. The Notice to Proceed date for this contract was May 27, 2014, with an original contract completion date of February 16, 2016. The 90-day time extension will result in a new completion date of May 16, 2016. 2. EWO #023, ($0.41) – TR 08046, Rehabilitation of Broening Highway from Holabird Avenue to Colgate Creek $14,700,000.00 $1,299,815.21 American Infra- 0 99% structure-MD, Inc. This authorization is requested on behalf of the DOT. The contractor requests compensation for delays incurred from the reconfiguration of both the northern and southern duct banks and related work on Broening Highway. The initial request of 477 calendar days for extended office overhead was negotiated to 70 days. The subcontractor will be compensated for cost escalations for new roadway concrete and reinforcement steel due to these delays. Unused portions of Item #504 (12” Reinforce Portland Cement Concrete PV) will be used to offset the costs of this change order. The decrease in item #504 is $235,950.00. The new item Delay Compensation LS is $235,949.59. The work under this change order has been completed and consultant liability is being investigated. 5 AGENDA BOARD OF ESTIMATES 03/02/2016 EXTRA WORK ORDERS Contract Prev. Apprvd. Time % Awd. Amt. Extra Work Contractor Ext. Compl. Department of Public Works/Engineering & Construction 3. EWO #058, $75,071.00 – W.C. 1164, Towson Finished Water Reservoir Cover and Miscellaneous Repairs $18,393,000.00 $1,156,219.33 The Whiting-Turner 0 0 Contracting Co., Inc. Contract documents require that leak tests be performed on the west basin before backfill operations could take place. Due to the delays in getting the west basin commissioned, the contractor was forced to perform backfill operations in the winter months. The existing backfill was 2% or more above the optimum moisture requirements for acceptability. Thus it took unconventional methods to dry the soil to an acceptable compaction ratio. The Whiting-Turner Contracting Co., Inc. submitted a claim for PCO 95 soil drying in the amount of $96,380.00 and a 17-day time extension. After several meetings, a settlement offer was made in the amount $75,077.00 which includes a 17-day general condition claim of $23,702.00. In a letter dated October 23, 2015, The Whiting- Turner Contracting Co., Inc. accepted the negotiated settlement offer of $75,071.00. 6 AGENDA BOARD OF ESTIMATES 03/02/2016 Space Utilization Committee – Lease Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Lease Agreement with Sylvie VanHelden, Lessee, for the rental of a portion of the property known as School 33, Studio #106 (first floor). The period of the agreement is March 1, 2016 through February 28, 2019, with an option to renew for 2 one-year terms. AMOUNT OF MONEY AND SOURCE: Annual Rent Monthly Installments $4,800.00 $400.00 BACKGROUND/EXPLANATION: The leased premises will be used as an artist’s studio for the Lessee. The Lessor is responsible for heat, electricity and water. The Lessee is responsible for content insurance, janitorial, trash receptacles and security. The Space Utilization Committee approved this Lease Agreement on February 23, 2016. (The Lease Agreement has been approved by the Law Department as to form and legal sufficiency.) 7 AGENDA BOARD OF ESTIMATES 03/02/2016 Space Utilization Committee – Lease Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Lease Agreement with the State of Maryland, Maryland Transit Administration, Lessee, for the rental of a portion of the property known as 801 E. 25th Street, consisting of approximately 28,000 sq. ft. of unpaved land. The period of the agreement is July 1, 2015 through June 30, 2017. AMOUNT OF MONEY AND SOURCE: Annual Rent Monthly Installments $13,450.00 $1,120.83 BACKGROUND/EXPLANATION: The Leased Premises will be used by the Maryland Transit Administration for surface parking in order to accommodate its construction trailers, employees, guests and invitees during the renovation of the Kirk Ave. Bus Division. No improvements other than those related to a paved parking lot will be made to the demised premises, without the prior written approval of the Lessor. Improvements made to the demised premises by the Lessee will be at its sole cost and expense and will be properly graded to drain and paved with suitable hard surfacing. Adjustments to storm drain inlets or utility manholes or conduits and utilities will be performed according to applicable law and construction codes and Lessor’s reasonable specifications and requirements. Except for routine parking and directional signage, the Lessee will not erect any signing, billboard or other form of advertising on the demised premises. The Lessee will return the land to its original unimproved state upon termination of the lease. The Space Utilization Committee approved this Lease Agreement on February 23, 2016. The agreement is late because of administrative delays. (The Lease Agreement has been approved by the Law Department as to form and legal sufficiency.) 8 AGENDA BOARD OF ESTIMATES 03/02/2016 Space Utilization Committee – Inter-Departmental Lease Agreement ___ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Inter-Departmental Lease Agreement between the Department of General Services, Landlord, and the Department of Finance, Tenant, for the rental of the property known as 4 S. Frederick St. (first floor), consisting of approximately 1,896 sq. ft. The period of the agreement is effective upon Board approval for one year, with an option to renew for 5 one-year terms. AMOUNT OF MONEY AND SOURCE: Annual Rent Monthly Installments $13,803.00 $1,150.25 Account: 1001-000000-1550-771400-603013 BACKGROUND/EXPLANATION: The Department of Finance will use the Leased Premises for offices for retirement services to City employees. The Landlord will be responsible for the maintenance of the interior and exterior of the building including the foundation, roof, walls, gutters, downspouts, air conditioning, ventilating and heating system, utilities, interior and exterior lighting of the leased premises. The Tenant will accept the Leased premises in its current existing condition. The Tenant will provide equipment if applicable, necessary for the operation of the Tenant’s programs, including but not limited to telephone and computer services to the Leased 9 AGENDA BOARD OF ESTIMATES 03/02/2016 Space Utilization Committee – cont’d premises. The Tenant will be responsible for placing debris from the leased premises into trash receptacles. The Space Utilization Committee approved this Lease Agreement on February 23, 2016. APPROVED FOR FUNDS BY FINANCE (The Inter-Departmental Lease Agreement has been approved by the Law Department as to form and legal sufficiency.) 10 AGENDA BOARD OF ESTIMATES 03/02/2016 TRANSFERS OF FUNDS * * * * * * The Board is requested to approve the Transfers of Funds listed on the following pages: 12 - 13 In accordance with Charter provisions reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 11 AGENDA BOARD OF ESTIMATES 03/02/2016 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Enoch Pratt Free Library 1. $250,000.00 9936-919089-9458 9936-913039-9457 1st Parks & Public Forest Park Patterson Park Facilities Loan Library Library The Patterson Park Library which opened in 1910 is in need of a new roof in order to provide a safe environment for the public and staff and to protect the investment in collections, furnishings, and equipment. The funds are available from the Forest Park Library project which has not begun and will be deferred to address this significant problem at Patterson Park Library. The Forest Park Library renovation remains in the Library’s six-year capital improvement plan and will be undertaken as funds become available. Department of General Services 2. $100,000.00 9916-908060-9194 9916- 907152 -9197 6th Public Building Engine 46 Roof Engine 50 Roof Loan Replacement - Replacement - Reserve Active Engine 50 has chronic roof leaks which affect normal operation and functions of the firehouse. A full roof replacement is necessary to alleviate the conditions of the building. 3. $100,000.00 9916-908104-9194 9916-910404-9197 General Funds Elevator 4 South 4 South Frederick St. Frederick St. - Elevator - Active Reserve 12 AGENDA BOARD OF ESTIMATES 03/02/2016 TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S Dept. of General Services – cont’d The elevators are nearing the end of their useful life span, as they, at times, do not travel to the correct floors and are constantly out of service. The elevator replacement would allow the building to function normally and will reduce future maintenance and repairs on the equipment. 13 AGENDA BOARD OF ESTIMATES 03/02/2016 Baltimore Police Department – Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Agreement with Carroll Independent Fuel, LLC. The period of the agreement is effective upon Board approval and remains effective until either party terminates the agreement. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: Carroll Independent Fuel, LLC leases certain premises located at 2012 N. Forest Park Ave., Baltimore, MD 21207, (the premises) to an operator of a gas station and convenience store that serves the Windsor Mill and Forest Park communities. Due to an increase in crime in this area, Carroll Fuel has agreed to reimburse the City for some of the expenses related to the deployment of Police Officers at this location to discourage crime and provide a safer environment. The Agreement does not require any commitment of funds by the City. Carroll Independent Fuel, LLC will reimburse the City at the rate of $45.00 per hour plus an administrative fee of $1.00 per hour. This is the rate that the Department officers will be compensated for this deployment, regardless of rank or time in grade. APPROVED FOR FUNDS BY FINANCE (The Agreement has been approved by the Law Department as to form and legal sufficiency.) 14 AGENDA BOARD OF ESTIMATES 03/02/2016 Baltimore Police Department – Mutual Aid Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Mutual Aid Agreement between the City, and the Baltimore Police Department and the City of Frederick with the concurrence of the Frederick Police Department. The agreement is effective upon Board approval. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The Baltimore Police Department reviewed its mutual assistance agreements following the civil unrest of April 2015, and in order to provide for public safety, the Department has initiated mutual aid agreements with various Federal, State, and local law enforcement agencies. Under the terms of this agreement, the Department or the Frederick County Police Department, may request personnel and equipment from the Chief of the other jurisdiction in the event local resources are insufficient to meet public safety requirements. The Chief of the responding jurisdiction will have discretion to decide whether and how to respond to such requests, taking into account the public safety requirements of the responding jurisdictions. The agreement does provide that the requesting jurisdiction will indemnify the responding jurisdiction from third party claims that arise from the assistance provided in the requesting jurisdiction. In the future should the City incur any liability under the Mutual Aid Agreement, then a further request for 15 AGENDA BOARD OF ESTIMATES 03/02/2016 Baltimore Police Department – cont’d authorization of the expenditure of funds from the Board would be submitted and a source of funds identified. APPROVED FOR FUNDS BY FINANCE (The Mutual Aid Agreement has been approved by the Law Department as to form and legal sufficiency.) 16 AGENDA BOARD OF ESTIMATES 03/02/2016 Fire Department – Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Agreement with HealthCare Access Maryland, Inc. (HCAM). The period of the Agreement is effective upon Board approval through June 30, 2016, unless terminated earlier in accordance with the Agreement. AMOUNT OF MONEY AND SOURCE: $178,894.00 – 1001-000000-6100-618500-603026 BACKGROUND/EXPLANATION: The Agreement covers a project known as Operation Care, which was previously provided by then named Baltimore Health Care Access, Inc., (BHCA) in a pilot program in FY 2009. The pilot program was in collaboration with the Baltimore City Health Department and has continued through FY 16. Operation Care personnel follow high risk patients who frequently call for 911 services and match them to health services providers. The expected outcomes of this program are that patients who frequently call 911 will be properly matched with the services that best addresses their needs and secondarily will result in a reduction in the number of calls for emergency medical services. The Department provides the patient data to the HCAM and its staff does the follow-up with the patients. The program is staffed by the HCAM with a project coordinator and an outreach case manager. Operation Care is an unique collaboration between HealthCare Access Maryland, Inc. and the Department. This program resolves a Fire Department EMS dilemma of frequent low acuity 911 callers. The Department uses a great deal of resources to meet the demands of these callers but cannot reduce their impact. There is no way to codify a general approach to this problem for 17 AGENDA BOARD OF ESTIMATES 03/02/2016 Fire Department – cont’d competitive bidding. The collaboration with the HCAM allows each person identified as a high volume caller to be greeted and given compassionate cost effective medical care to reduce the 911 burden. 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 03/02/2016 Health Department – Acceptance of Grant Award and a Two Month Advance of Funds ACTION REQUESTED OF B/E: The Board is requested to approve acceptance of the Notice of Grant Award (NGA) from the U.S. Department of Health and Human Services, Health Resources and Services Administration (HRSA). The period of the grant is March 1, 2016 through February 28, 2017. The Board is also requested to approve a two-month advance of funds to the Associated Black Charities, Inc. (ABC) and the Gay Family Foundation (GFF). The period of the advance of funds is March 1, 2016 through April 30, 2016. AMOUNT OF MONEY AND SOURCE: $8,145,245.00 – 4000-427716-3023-606100-404001 1,331,400.00 – 4000-498716-3023-606100-404001 $9,476,645.00 The Two-Month Advance to ABC and GFF are as follows: Amount Sub Grantee Program Services Budget Account $ 40,000.00 ABC, Inc. Part A – Admin. 4000-427716-3023- 273302-603051 1,153,910.00 ABC, Inc. Part A – 4000-427716-3023- Providers 273303-603051 6,657.00 ABC, Inc. MAI – Admin. 4000-498716-3023- 606101-603051 188,615.00 ABC, Inc. MAI – Providers 4000-498716-3023- 606102-603051 36,537.00 GFF, Ltd. Subgrantee 4000-427716-3023- 273307-603051 $1,425,719.00 19 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d BACKGROUND/EXPLANATION: The advance of funds will allow for continuity of Ryan White Part A formula and Minority AIDS Initiative services while scopes of services and budgets are being reviewed and approved for the current program year. This advance is required because the NGA from the HRSA was received on February 3, 2016. It is anticipated that the agreements will be submitted to the Board at a later date. Any funds advanced to ABC and GFF, prior to the execution of an Agreement are subject to the terms and conditions of the Agreement. The sub-grantee agrees that all expenditures are to be made in accordance with the terms and conditions of the funding source. Acceptance of this grant award will allow the Department to provide funds for essential HIV/AIDS health care and other services to those who lack or are only partially covered by health insurance. Covered services include primary medical care, case management, and assistance in obtaining medications, hospice care, substance abuse treatment, mental health services and other limited services in the areas of housing, transportation, food, legal, childcare, outreach services and other supportive services to persons infected by HIV/AIDS. MBE/WBE PARTICIPATION: N/A APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED THE SUBMITTED DOCUMENTATION AND FOUND THAT IT CONFIRMED THE GRANT AWARD. (The Grant Award terms and conditions have been approved by the Law Department as to form and legal sufficiency.) 20 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – Correction to Expenditure of Funds ACTION REQUESTED OF B/E: The Board is requested to approve and authorize the Correction to Expenditure of Funds for various Senior Centers in the City. The period of the expenditure is July 1, 2015 through June 30, 2016. AMOUNT OF MONEY AND SOURCE: N/A Account: 1001-000000-3255-750700-603041 BACKGROUND/EXPLANATION: On November 18, 2015, the Board approved an expenditure of funds in the amount of $247,344.00, to subsidize the transportation costs for the following Senior Centers in the City: Action-in- Maturity, Inc., Department of Recreation and Parks, Forest Park Senior Center, Inc., Govans Ecumenical Development Corporation (GEDCO), Govans Center for Retired Persons, Inc., and Greenmount Senior Center, Inc. The GEDCO was incorrectly listed. The Board is requested to authorize the removal of GEDCO to add the Allen Center Board, Inc. to the approved list of Senior Centers whose transportation costs will be subsidized. This will allow the Department to subsidize transportation funding for Allen Center Board, Inc. APPROVED FOR FUNDS BY FINANCE 21 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – Employee Expense Statement ACTION REQUESTED OF B/E: The Board is requested to approve the Employee Expense Statement for Dawn O’Neil for the months of October and November 2015. AMOUNT OF MONEY AND SOURCE: $ 33.40 – 1001-000000-3001-599000-603002 19.25 – 1001-000000-3001-599000-603003 56.81 – 1001-000000-3001-599000-603002 43.00 – 1001-000000-3001-599000-603003 $152.46 BACKGROUND/EXPLANATION: Ms. O’Neil’s expense statements were not completed and submitted in a timely manner. The Expense Statements are now outside of the guidelines set forth by AM 240-11. The Administrative Manual, in Section 240-11, states that Employee Expense Reports that are submitted more than 40 workdays after the last calendar day of the month in which the expenses were incurred require Board of Estimates approval. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. 22 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department (BCHD) – Agreements and Amendment to Agreement ________________ The Board is requested to approve and authorize execution of the Agreements and Amendment to Agreement. AGREEMENTS 1. CHASE BREXTON HEALTH SERVICES, INC. $293,435.00 (CHASE BREXTON) Account: 4000-484716-3023-513200-403051 This agreement will provide for clinical STD/HIV prevention services to the Lesbian, Gay, Bisexual, Transgender and Questioning (LGBTQ) community. Chase Brexton has been providing clinical services to the LGBTQ community for more than 30 years. For the purposes of this project, Chase Brexton will be one of the primary providers for Pre-Exposure Prophylaxis (PrEP) targeting men who have sex with men and transgender persons at substantial risk of acquiring HIV. The period of the agreement is September 30, 2015 through September 29, 2016. The agreement is late because this is a new grant from the Department of Health and Human Services, Centers for Disease Control and Prevention (CDC), when approved by the Board on November 4, 2015. Awards to sub-grantees were made in late November, 2015. The sub-grantees were asked to submit a budget, budget narrative, and scope of services. The BCHD thoroughly reviews the entire package before preparing a contract and submitting it to the Board. These budgets are many times revised because of inadequate information from the providers. The review process is required to confirm with the grant requirements. MWBOO GRANTED A WAIVER. 23 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d 2. GRANDFAMILY MATTERS, LLC. $ 44,553.60 Account: 4000-436116-3255-761700-603026 Grandfamily Matters, LLC will provide the services as a liaison for the Grandparents as Parents (GAP) Program. Grandfamily Matters, LLC will visit communities and neighborhoods to develop a relationship with community organizations and residents. The organization will foster, support, and encourage participation in the GAP Program. It will oversee all aspects of the GAP support groups with Baltimore City Public Schools, as well as with community support groups, and other contractual entities providing services to the target population. The period of the agreement is October 1, 2015 through September 30, 2016. The agreement is late because it was recently finalized by the Department. 3. HEALTHY TEEN NETWORK, INC. $15,000.00 Account: 4000-494416-3030-279200-603051 The organization will revise the health education curriculum for child welfare workers and foster care providers for the Baltimore City Teen Pregnancy Prevention Initiative: Out of Home Youth Project to integrate information about human sex trafficking. The period of the agreement is July 1, 2015 through June 30, 2016. The agreement is late because of a Departmental oversight. The Department apologizes for lateness. 4. THE COMMUNITY COLLEGE OF BALTIMORE COUNTY $ 0.00 The Community College of Baltimore County will assign fully 24 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d qualified physician assistant students for clinical rotations in the Department’s Sexually Transmitted Disease Clinics, located at 620 North Caroline Street, Baltimore, MD 21205 and 1515 West North Ave., Baltimore, MD 21217. The period of the agreement is April 1, 2016 through March 31, 2021. 5. SINAI HOSPITAL OF BALTIMORE, INC. $120,780.00 Account: 5000-569716-3023-274412-603051 The Sinai Hospital of Baltimore, Inc. will provide Non- Medical Case Management (NMCM) services to 120 eligible clients who lack insurance or are underinsured. Clients receiving NMCM will be assisted with referrals or service coordination services to address their psychosocial needs. The period of the agreement is July 1, 2015 through June 30, 2016. This agreement is being presented at this time because the State of Maryland Department of Health and Mental Hygiene’s Prevention and Health Promotion Administration programmatically manages Ryan White State Special services. The providers are asked to submit a budget, budget narrative, and scope of services. The Department thoroughly reviews the entire package before preparing a contract and submitting it to the Board of Estimates. These budgets are many times revised because of inadequate information from the providers. This review process is required to confirm with grant requirements. MWBOO GRANTED A WAIVER. 6. SINAI HOSPITAL OF BALTIMORE, INC. $ 2,837.00 Account: 5000-569716-3023-274429-603051 The Sinai Hospital of Baltimore, Inc. will provide State 25 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d Special Medical Case Management Services (MCM) to eligible clients who lack insurance or are underinsured, for this service category, either having private insurance, Maryland Health Insurance Program (MHIP), or Medicare. Services will also be provided on an interim basis to those clients who are applying for Medical Assistance but whose coverage has not been activated. This includes infants born at hospitals who are in need of immediate services until their Medical Assistance is activated. Those clients receiving MCM will be assisted with coordination of their medical care and will be provided treatment adherence counseling, if required in addition to any referrals or service coordination to address their psychosocial needs. The period of the agreement is July 1, 2015 through June 30, 2016. This agreement is being presented at this time because the State of Maryland Department of Health and Mental Hygiene’s Prevention and Health Promotion Administration programmatically manages Ryan White State Special services. The providers are asked to submit a budget, budget narrative, and scope of services. The Department thoroughly reviews the entire package before preparing a contract and submitting it to the Board of Estimates. These budgets are many times revised because of inadequate information from the providers. This review process is required to confirm with grant requirements. 7. THE JOHNS HOPKINS UNIVERSITY (JHU) $236,467.00 Account: 5000-569716-3023-274443-603051 The JHU will provide comprehensive, HIV primary care to 80 new clients. The period of the agreement is July 1, 2015 through June 30, 2016. The agreement is late because the Department of Health and Mental Hygiene’s Prevention and Health Promotion Administration programmatically manages State Special services. The providers are asked to submit a budget, 26 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d budget narrative, and scope of services. The BCHD thoroughly reviews the entire package before preparing a contract and submitting it to the Board. These budgets are many times revised because of inadequate information from the providers. This review process is required to confirm with the grant requirements. MWBOO GRANTED A WAIVER. 8. THE JOHNS HOPKINS UNIVERSITY (JHU) $82,733.00 Account: 5000-569716-3023-274442-603051 Johns Hopkins University AIDS Service (JHUAS) is a multi- disciplinary program of over 180 practitioners dedicated to treatment and prevention of HIV infection. Through the substance abuse program, JHUAS will provide integratedbehavioral care for HIV positive patients with co-occurring substance abuse and mental health disorder who also receive medical care from JHUAS. Techniques used in delivery of service include motivational interviewing, continue behavioral treatment and combines pharmacotherapy for mental health illness and counseling by a drug addict specialist. Counseling strategies include individual and group meetings with the substance abuse counselor. The period of the agreement is July 1, 2015 through June 30, 2016. The agreement is late because the DHMH Prevention and Health Promotion Administration programmatically manages State Special services. The providers are asked to submit a budget, budget narrative, and scope of services. The BCHD thoroughly reviews the entire package before preparing a contract and submitting it to the Board. These budgets are many times revised because of inadequate information from the providers. This review process is required to confirm with the grant requirements. MWBOO GRANTED A WAIVER. 27 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Dept. – cont’d RATIFICATION TO AMENDMENT TO AGREEMENT 9. JOHNS HOPKINS UNIVERSITY BLOOMBERG $0.00 SCHOOL OF HEALTH On October 30, 2013, the Board approved the initial grant agreement with the Abell Foundation in the amount of $50,000.00 for the period of October 1, 2013 through September 30, 2014. On August 20, 2014, the Board approved the agreement with Johns Hopkins Bloomberg School of Public Health in the amount of $9,927.00 for the period of November 1, 2013 through September 30, 2014. On October 29, 2014, the Board approved the first no-cost extension to the grant agreement to cover the period October 1, 2014 through January 31, 2015. However, due to oversight the agreement with Johns Hopkins Bloomberg School of Public Health was not amended to reflect the extended project period. On August 26, 2015, the Board approved a second no-cost extension to the grant for the period October 1, 2014 through January 31, 2015. On June 19, 2015, the Department requested and received approval from the Abell Foundation for a third no-cost extension for the period January 31, 2015 through September 1, 2015. Once more the no-cost extension was not processed for Board approval. The Board is requested to ratify the amendment to the agreement with Johns Hopkins Bloomberg School of Public Health to cover both no-cost extension periods of October 1, 2014 through January 31, 2015 and January 31, 2015 through September 1, 2015. The Board is also requested to approve and authorize payment for services provided. AUDITS NOTED THE RATIFICATION OF THE TIME EXTENSION. 28 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Dept. – cont’d RATIFICATIONS OF AGREEMENTS 10. THE JOHNS HOPKINS UNIVERSITY (JHU) $186,955.00 Account: 4000-499015-3023-513200-603051 JHU’s Center for Child Health Research developed STD materials for the Provider Detailing Kit, managed the improvements for the PRISM and Insight software interfaces, and more comprehensively evaluate the Department’s social marketing campaign. Services were provided during the period of January 1, 2015 through December 31, 2015. The agreement is late because of a protracted process in reaching an acceptable budget and scope of work. MWBOO GRANTED A WAIVER. 11. SINAI HOSPITAL OF BALTIMORE, INC. $ 2,900.00 Account: 5000-569716-3023-274430-603051 The HIV Support Services program at Sinai Hospital has been providing Non-Medical Case Management services to HIV+ and HIV indeterminate individuals for over 20 years. Non- Medical Case Management will be provided to 35 clients who need assistance coordinating their medical care and/or are eligible to receive Medical Case Management through another source, such as their assigned managed care organization via enrollments in Medical Assistance. Services were provided during the period of July 1, 2015 through July 31, 2015. This agreement is being presented at this time because the State of Maryland Department of Health and Mental Hygiene’s Prevention and Health Promotion Administration programmatically manages Ryan White State Special services. The providers are asked to submit a budget, budget narrative, and scope of services. The Department thoroughly 29 AGENDA BOARD OF ESTIMATES 03/02/2016 Health Department – cont’d reviews the entire package before preparing a contract and submitting it to the Board of Estimates. These budgets are many times revised because of inadequate information from the providers. This review process is required to confirm with grant requirements. 12. FAMILY HEALTH CENTERS OF BALTIMORE, INC. $25,000.00 Account: 5000-570416-3041-605800-603051 The organization will work with the Department to improve the prevention, identification, and control of hypertension, diabetes, and pre-diabetes among City residents in zip code 21225. The goal is to create a report to identify existing activities, opportunities and challenges related to increased use of self-measured blood pressure monitoring tied with clinical support and identify and implement systems to facilitate the indemnification of undiagnosed, uncontrolled and/or people with diabetes. The period of the agreement was July 1, 2015 through September 30, 2015. The agreement is late because the Department’s budget submission to the Department of Health and Mental Hygiene’s was not approved until late in the fiscal year, this delayed the processing. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Agreements and Amendment to Agreement have been approved by the Law Department as to form and legal sufficiency.) 30 AGENDA BOARD OF ESTIMATES 03/02/2016 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount Dept. of Housing and Community Development (DHCD)– Options 1. Pacific Enterprise, 2232 E. North G/R $ 825.00 LLC Avenue $90.00 Funds are available in account 9910-905507-9588-900000-704040, AG Demolition Project. 2. Ethel Davis, a Life 2232 E. North L/H $21,250.00 Estate with Full Avenue Powers Remainder to Gary Jerome Davis Funds are available in account 9910-905507-9588-900000-704040, AG Demolition Project. 3. Abdullah Altashy 1600 Argyle Avenue L/H $10,367.00 Funds are available in account 9910-905507-9588-900000-704040, AG Demolition Project. 4. AG Investments, LLC. 1905 N. Castle St. G/R $ 240.00 $36.00 Funds are available in account 9910-907079-9588-900000-704040. DHCD – Rescissions and Approvals of Options 5. Ruby A. Herbert 4745 Park Heights L/H $16,000.00 Avenue Funds are available in account 9910-903183-9588-900000-704040, Park Heights Project. On November 25, 2015, the Board approved the acquisition of the leasehold interest by condemnation, in 4745 Park Heights 31 AGENDA BOARD OF ESTIMATES 03/02/2016 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount DHCD – Rescissions and Approvals – cont’d Avenue. The owner is now willing to sell the property to the City for its appraised value of $16,000.00. Therefore, the Board is requested to rescind the original request and approve an option to purchase the leasehold interest in 4745 Park Heights Avenue. 6. Timothy J. 2722 Reisterstown G/R $ 1,100.00 Oursler, Trustee Road $120.00 Funds are available in account 9910-908044-9588-900000-704040, Enterprise Reisterstown Road Project. On November 18, 2015, the Board approved the acquisition of the $120.00 ground rent interest, by condemnation, in 2722 Reisterstown Road for $1,000.00. Since the original approval, the owner has negotiated a sale price and would like to proceed with a voluntary settlement. Therefore, the Board is requested to rescind the prior approval and approve an option to purchase the $120.00 ground rent interest in 2722 Reisterstown Road. In the event that the option agreement/s fail/s 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 amounts. 32 AGENDA BOARD OF ESTIMATES 03/02/2016 OPTIONS/CONDEMNATION/QUICK-TAKES: Owner(s) Property Interest Amount DHCD – Condemnations 7. Herbert N. Jennings 2714 Reisterstown G/R $ 640.00 and Estella J. Road $96.00 Jennings Funds are available in account 9910-908044-9588-900000-704040, Enterprise Reisterstown Road Project. 33 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of General Services – Amendment No. 2 to Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Amendment No. 2 to Agreement with Johnson, Mirmiran & Thompson, Inc. (JMT), for Project 1126J. The Amendment will extend the Agreement through March 26, 2017. AMOUNT OF MONEY AND SOURCE: N/A, Funds will be identified as Tasks are processed. BACKGROUND/EXPLANATION: On March 27, 2013, the Board approved the original agreement for two years with an upset limit in the amount of $1,831,748.40. On March 18, 2015, the Board approved an extension to the agreement for one year, which will expire on March 26, 2016. Due to extra work that needs to be assigned to the JMT, the Department is requesting a time extension. MBE/WBE PARTICIPATION: The Consultant will comply with the MBE goal of 23% and WBE goal of 10% that was approved in the original agreement for Project 1126. AUDITS NOTED THE TIME EXTENSION AND WILL REVIEW TASK ASSIGNMENTS. (The Amendment No. 2 to Agreement has been approved by the Law Department as to form and legal sufficiency.) 34 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Housing and - Community Development Block Community Development__ Grant Agreements __________ The Board is requested to approve and authorize execution of the Community Development Block Grant Agreements. 1. THE FAMILY TREE, INC. $26,420.00 Account: 2089-208916-5930-666826-603051 This agreement will provide CDBG funds to subsidize the Sub-grantee’s operating costs. The funds will support the Sub-grantee’s Family Clearinghouse-Parenting for Success Initiative in order to provide a triage model of support services along a continuum of need to low- to moderate- income families to prevent child abuse and neglect within the City. The Sub-grantee will continuously monitor service utilization, service quality and program effectiveness. The period of the agreement is January 1, 2016 through December 31, 2016. 2. MORGAN STATE UNIVERSITY (MSU) $85,860.00 Accounts: 2089-208915-5930-434380-603051 $42,930.00 2089-208916-5930-434380-603051 $42,930.00 This agreement will support MSU’s Institute for Urban Research, Community Development Resource Center (IUR/CDRC). The IUR/CDRC will produce special reports for neighborhoods of Sandtown-Winchester, East Baltimore Midway and Ashburton that will contain administrative data and up-to-date statistics to provide in-depth analysis, as well as challenges and opportunities that confront the selected neighborhoods. Also, two half-day seminars will be conducted for the City communities covering topics that will assist in community development efforts. The period of the agreement is January 1, 2016 through December 31, 2016. 35 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d FOR FY 2016, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $22,518.00, AS FOLLOWS: MBE: $6,079.86 WBE: $2,251.80 3. CASA DE MARYLAND, INC. $140,000.00 Accounts: 2089-208916-5930-426426-603051 $ 59,343.37 2089-208916-5930-426429-603051 $ 22,790.78 2089-208916-5930-426434-603051 $ 57,865.85 Through this agreement, the sub-grantee will provide a variety of public services for day laborers and low-wage workers, including permanent and temporary employment placement services, education programs, information and referral services and legal services, representation and workshops. Services will be provided through the sub- grantee’s Baltimore Welcome Center located at 2224 E. Fayette Street in the City. The period of the agreement is July 1, 2015 through June 30, 2016. FOR FY 2016, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $29,752.57, AS FOLLOWS: MBE: $8,033.19 WBE: $2,975.25 36 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d 4. BELAIR-EDISON NEIGHBORHOODS, INC. (BENI) $94,650.00 Account: 2089-208916-5930-436872-603051 $25,650.00 2089-208916-5930-436881-603051 $10,000.00 2089-208916-5930-436883-603051 $ 4,850.00 2089-208916-5930-436891-603051 $54,150.00 This agreement will provide funds to subsidize BENI’s operating expenses. BENI will continue to provide homeownership counseling services to low-and moderate- income persons. BENI will also work to facilitate economic development in the Belair-Edison Commercial Business District. FOR FY 2016, MBE AND WBE PARTICIPATION GOALS FOR THE ORGANIZATION WERE SET ON THE AMOUNT OF $39,945.00, AS FOLLOWS: MBE: $10,785.15 WBE: $ 3,994.50 On June 17, 2015, 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 2015 Annual Action Plan for the following formula programs: 1. Community Development Block Grant (CDBG) 2. HOME 3. Emergency Solutions Grant (ESG) 4. Housing Opportunities for Persons with AIDS (HOPWA) 37 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d Upon approval of the resolution, the DHCD’s Contracts Section began negotiating and processing the CDBG Agreements as outlined in the Plan to be effective July 1, 2015 and beyond. Consequently, these agreements were delayed due to final negotiations and processing. 5. EAST BALTIMORE DEVELOPMENT, INC. $3,500,000.00 Accounts: 9982-910412-9593-900009-706047 $ 553,782.00 9988-911412-9593-900009-706047 $ 446,218.00 9990-912412-9593-900009-706047 $1,500,000.00 9995-913412-9593-900009-706047 $1,000,000.00 This agreement will provide funds to support the development of a community park in East Baltimore to be known as Eager Park. Eager Park will be a six acre, three linear block park located between Ashland Ave. north to Biddle St. and along the 900 to 1100 blocks of N. Wolfe St. The funds will be used to support the site improvements associated with park construction. Upon completion, the park will provide such amenities as green space for exercise, community garden, a farmers’ market, a playground and amphitheater for outdoor concerts and movies. The period of the agreement is effective upon Board approval for one year. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Community Development Block Grant Agreements have been approved by the Law Department as to form and legal sufficiency.) 38 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Housing and – Home Investment Partnership Community Development Program Loan ACTION REQUESTED OF B/E: The Board is requested to approve a HOME Investment Partnerships Program Loan in the amount of $1,280,000.00 to Franklin Flats LLC, for the property known as Franklin Lofts & Flats located at 20 E. Franklin Street. The Board is further requested to authorize the Commissioner of the Department of Housing and Community Development to execute any and all documents to effectuate this transaction SUBJECT to review and approval for form and legal sufficiency by the Department of Law. AMOUNT OF MONEY AND SOURCE: Sources Uses Capital One $ 950,000.00 Construction $ 9,898,188.00 Permanent Loan Cost (includes contingency) MD CDA Rental 1,940,000.00 Fees Related to 1,320,250.00 Housing Program Construction: HOME Loan 1,280,000.00 Financing Costs 811,586.00 Tax Credit 11,839,568.00 Developer Fee 1,813,727.00 Equity Deferred Fee 266,786.00 Guarantees and 201,946.00 Reserves: Acquisition 2,100,000.00 Costs Syndication 130,657.00 Related Costs ______________ Total: $16,276,354.00 Total: $16,276,354.00 Account: 9910-901270-9610 BACKGROUND/EXPLANATION: The proceeds of the HOME loan will be used to support a portion of the hard construction costs of the adaptive reuse and the new construction of 41 residential units of affordable housing. 39 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d Osprey Property Company LLC is a for-profit real estate developer specializing in affordable housing and commercial development projects. The company has a 27-year history of successfully completing development projects throughout the Mid- Atlantic region, including Baltimore. The subject of this request, 20 East Franklin Street, is located in the Mount Vernon cultural district of downtown Baltimore at the northwest corner of East Franklin Street as it intersects with St. Paul Street and is an approximately 9,700 square feet rectangular shaped parcel. The building now stands vacant after use as offices and, most recently, as a charter school. The proposed Project will: 1) convert a vacant structure on a high- profile corner of downtown Baltimore to active use, 2) help reduce the stock of underutilized real estate in the City and contribute to the on-going revitalization of the downtown and Mount Vernon neighborhoods; and 3) will require both rehabilitation of a portion of the existing building, as well as new construction. Upon completion, the proposed development will have a gross building area of approximately 50,000 square feet and contain 41 units (20 one-bedroom units, 16 two-bedroom units and 5 three-bedroom units) and will be known as “Franklin Flats & Lofts” (the Project). In addition to the residential units, the Project will contain a multi-purpose room, resident lounge, tenant storage, and laundry room. The new construction portion will be a five and one-half story building built over a concrete podium which will allow for 11 secured parking spaces. All 41 units will be affordable to families earning less than 60% of the Area Median Income, adjusted for family size (AMI). The Housing Authority of Baltimore City (HABC) will provide Project Based Section 8 vouchers through a renewable Housing Assistance Payment contract (the HAP Contract) for 7 one-bedroom Non-Elderly Disabled (NEDs) units as defined under the Bailey Consent Decree. The City and the HABC will require all seven units to be restricted for exclusive use for at least 15 years in accordance with and meeting the requirements of the Bailey Consent Decree. A NED refers to a family whose sole member, head 40 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d of household, or head of household’s spouse is a person with a disability who is under age 62, who is eligible for a one- bedroom public housing unit or for a two-bedroom public housing unit because a second bedroom is needed for disability-related reasons, and who is on the HABC waiting list for public or Section 8 subsidized housing. The HOME Loan will be used solely to finance a portion of the hard construction costs of the Project. An appraisal was prepared on October 23, 2015, by Cushman & Wakefield. The future prospective investment value of the stabilized Project, assuming affordable rents, was determined to be $3,050,000.00 (the prospective investment value of the stabilized Project assuming market rents was determined to be $6,300,000.00). The appraised value is below the total cost of the project. This is common in transactions involving Low Income Housing Tax Credit (LIHTC) and affordable housing. The LIHTC provides equity, which achieves its return through a federal tax credit rather than through the value of the property. Without the value of the LIHTC financing, projects with restricted rents could not be financed. Since the reduced rents decrease the appraised value, the combined debt is well under the appraised value, leaving only the equity exposed, which is, as noted above relaying on tax incentives rather than the property. The Department is comfortable recommending the HOME Loan under these circumstances. Participating Parties: A. Developer Franklin Flats LLC, an affiliate of Osprey Property Company LLC will act as owner/borrower for the project. The Women’s Housing Coalition, Inc. will be the non-profit partner of the borrower and will assist the property manager to provide appropriate resident services. Osprey Property Company LLC will guarantee construction completion and will also act as the Administrative Member of the Borrower. 41 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d B. General Contractor/Architect Hamel Builders will act as the general contractor. Cho Benn Holback will provide architectural services. C. Participating Lenders: Capital One Bank – 1st Lien permanent loan and 3rd Lien construction bridge loan Capital One Bank will make a construction loan in the approximate amount of $9,100,000.00 (the CONA Loan). The CONA Loan will be comprised of a permanent loan in the approximate amount of $950,000.00 (the CONA Permanent Loan) and a bridge loan in the approximate amount of $8,150,000.00 (the CONA Bridge Loan). The CONA Permanent Loan will have a construction period of 24 months before any allowable extensions. During this period, the interest rate on the CONA Permanent Loan will be approximately 250 basis points over one-month LIBOR. Following the construction loan period, the CONA Permanent Loan will have a fixed interest rate which is currently estimated to be 6.00%, a term of 15 years, with an amortization schedule of 30 years. The CONA Bridge Loan will have a term of 24 months from the date of loan closing (plus any applicable extensions), will have approximately 250 basis points over one-month LIBOR, and will require monthly interest payments. MD CDA RHP Loan – 2nd Lien Construction/2nd Lien Permanent MD CDA will make a loan from its Rental Housing Program in an amount up to $1,940,000.00 (the RHP Loan) to fund permitted development costs. No interest will be charged on the RHP Loan during the construction period of 18 months, which will include up to three months for cost certification. The RHP Loan will have a permanent loan term of 40 years following completion of construction during which time principal and contingent interest will be due and payable in accordance with the CDA program requirements and applicable loan documents. 42 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d Baltimore City HOME Loan – 4th Lien Construction/3rd Lien Permanent The HOME Loan will be in the approximate amount of $1,280,000.00 and will have the same construction loan period as the RHP Loan. Following construction completion, the HOME Loan will have a 40 year permanent loan period (the HOME Permanent Loan Period). The interest rate on the HOME Loan will be 0%. No payment on the HOME Loan will be required during construction, but during the HOME Permanent Loan Period, principal and contingent interest will be due and payable in accordance with the CDA program requirements and applicable loan documents. The outstanding principal balance and any deferred and accrued interest is due and payable on the last day of the HOME Permanent Loan Period. The HOME Loan will be long-term, subordinate, non-recourse debt. MBE/WBE PARTICIPATION: Article 5, Subtitle 28 of the Baltimore City Code for Minority and Women’s Business Opportunity is fully applicable and no request for a waiver has been made. THE DEPARMTENT OF FINANCE REVIEWED AND RECOMMENDED APPROVAL. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $1,280,000.00 9910-923006-9609 9910-901270-9610 Federal HOME HOME FY 2015 Franklin Lots & FY 2015 Reserve Flats Apartments This transfer will provide Federal HOME funds to Franklin Flats LLC to support a portion of the construction costs of the rehabilitation and new construction of Franklin Lofts and Flats Apartments. (In accordance with Charter provisions a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon). 43 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Housing and – Home Investment Partnership Community Development Program Loan ACTION REQUESTED OF B/E: The Board is requested to approve a HOME Investment Partnership Program Loan in the amount of $780,035.00 to Orchard Ridge Rental V, LLC, for the properties known as Orchard Ridge Phase V Project located at 4316 Friar Field Run; 4325-4329 Orchard Ridge Blvd.; 4317-4323½ Orchard Ridge Blvd.; 4303-4315½ Orchard Ridge Blvd.; 4301-4301½ Orchard Ridge Blvd.; 3807 Strawberry Field Lane; 4300-4314 Friar Field Run; 3801 Strawberry Field Lane; 3802-3816 Strawberry Field Lane; 4201-4225 Orchard Ridge Blvd.; and 3869-3889 Sinclair Lane all in Baltimore City. The Board is also requested to authorize the Commissioner of the Department of Housing and Community Development to execute any and all documents to effectuate this transaction SUBJECT to review and approval for form and legal sufficiency by the Department of Law. AMOUNT OF MONEY AND SOURCE: Sources Uses Sun Trust Bank $ 2,260,956.00 Acquisition $ 1,184,891.00 Loan Costs MD CDA Rental 2,000,000.00 Construction 12,477,431.00 Housing Cost (includes Program contingency) HOME Loan 780,035.00 Fees Related to 1,209,943.00 Construction: Tax Credit 12,925,505.00 Financing Costs 606,311.00 Equity ______________ Developer Fee 1,985,441.00 Guarantees and 345,961.00 Reserves: Syndication 156,518.00 Related Costs ______________ Total: $17,966,496.00 Total: $17,966,496.00 Account: 9910-906280-9610 44 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d BACKGROUND/EXPLANATION: The proceeds of the HOME loan will be used to support a portion of the hard construction costs of the new construction of 65 residential units of affordable housing of which 58 are to be affordable and 7 units are to be market rate rental housing. The Housing Authority of Baltimore City (HABC) owns a 60-acre site located between Sinclair Lane and Erdman Avenue, where the former Freedom Village Apartments and Claremont Homes used to be located, and is proceeding with a master-planned community known as Orchard Ridge. Orchard Ridge is being built with an approximately 478 newly constructed mixed-income rental and for- sale housing units and a community center. Orchard Ridge is expected to be constructed in seven phases. The HABC has invested funds for the demolition of the existing buildings and City funds have been invested for infrastructure design and construction. After a Request for Qualifications process that began in 2004, the contract for the real estate redevelopment was awarded to the Developer on May 10, 2005. Construction has been completed for all of the prior phases: (i) Rental Phase I, (ii) Rental Phase II, (iii) Rental Phase III, (iv) Rental Phase IV, and (v) Homeownership Phase I. Habitat for Humanity of the Chesapeake is also undertaking a second homeownership phase on the Orchard Ridge site. The subject of this request is the sixth phase of development, Rental Phase V, which will provide 65 new rental units (the Project), of which 58 units will be required to be made available for families with incomes at or below 60% of the area median income (the HOME Restricted Units). The remaining seven rental units will be market rate. The Project is structured as follows: HABC will enter into a ground lease with Orchard Ridge Rental V, LLC (the Borrower) for the lease of the land and will retain a long-term ownership interest in the Project by creating a wholly owned subsidiary to act as a non-managing member of the Borrower. Within the Project, 10 one-bedroom units will be set 45 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d aside for the NED Units and six units (including 5 three-bedroom units and 1 four-bedroom unit) will be set aside for UFAS/LTA residents (the LTA units). These 16 units will have Project Based Section 8 Vouchers (the Vouchers) for persons earning 30% or less of the Area Median Income, adjusted for family size (AMI). Of the remaining 49 units, seven will be set aside for persons earning up to 50% of the AMI, 35 units will be set aside for persons earning up to 60% of the AMI, and seven units will have no income restrictions. The Borrower will enter into a Development Agreement with Penrose Properties, LLC to develop the Project. The HABC will also provide the Vouchers through a renewable Housing Assistance Payment contract for the 16 units described above in order to meet the Bailey Consent Decree. The City and the HABC will require that the NED Units will be reserved for exclusive use for at least six years for Non-Elderly Persons with Disabilities (NED) and the LTA Units will be maintained as long-term affordable (LTA) in accordance with and meeting the requirements of the Bailey Consent Decree. A NED refers to a family whose sole member, head of household, or head of household’s spouse is a person with a disability who is under age 62, who is eligible for a one-bedroom public housing unit or for a two-bedroom public housing unit because a second bedroom is needed for disability-related reasons, and who is on an HABC waiting list for public or Section 8 subsidized housing. The HOME Loan will be used solely to finance a portion of the hard construction costs of the Project. An appraisal, dated as of February 1, 2016, but with an effective date of November 13, 2015, was prepared by Novogradac and Company LLP. The prospective market value, “As Complete and Stabilized” of the Borrower’s leasehold interest, assuming restricted rents, as of June 2017, is $6,100,000.00. The appraised value is below the total cost of the Project. This is common in transactions involving LIHTC and affordable housing. The LIHTC provides equity, which achieves its return through a 46 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d federal tax credit rather than through the value of the property. Without the value of the LIHTC financing, projects with restricted rents could not be financed. Since the reduced rents decrease the appraised value, the combined debt is well under the appraised value, leaving only the equity exposed, which is, as noted above relying on tax incentives rather than the property. The DHCD is comfortable recommending the HOME Loan under these circumstances. Participating Parties: A. Developer Penrose Properties, LLC and Rellim Development, LLC, will act as co-developers for the Project. Penrose Development, LLC will guarantee construction completion and will also act as the (Managing member of the managing member) of the Borrower. B. General Contractor/Architect Harkins Builders, Inc. will act as the general contractor. Wallace, Roberts & Todd, LLC will provide architectural services. C. Participating Lenders: Sun Trust Bank – 1st Lien permanent loan Sun Trust Bank will make a construction/permanent loan in the approximate amount of $2,260,956.00 (the Sun Trust Permanent Loan) for a term of 16 years from the end of the Construction Loan Period amortized on a 30-year schedule no later than 24 months after conversion to the permanent phase. The interest rate of the Sun Trust Permanent Loan is expected to be 260 basis points over one month LIBOR during construction and 230 basis points over the one month LIBOR during the permanent loan period. As a condition of the loan, the Borrower will be required to enter into an interest rate swap with Sun Trust Bank. 47 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d MD CDA RHP Loan – 2nd Lien Construction/2nd Lien Permanent The Community Development Administration, a unit of the Division of Development Finance of the Department of Housing and Community Development, a principal department of the State of Maryland (CDA), will make a loan from its Rental Housing Program in an amount up to $2,000,000.00 (the RHP) to fund permitted development costs. No interest will be charged on the RHP Loan during the construction period of no greater than 24 months, which will include up to three months for cost certification. The RHP Loan will have a Permanent loan term of 40 years following completion of construction during which time interest will be charged at a rate of 2% per annum and payments from 75% of available surplus cash will amortize the RHP Loan on a level schedule. Sun Trust Bank – 3rd Lien Construction Loan Sun Trust Bank will make a bridge loan (the SunTrust Bridge Loan) in the approximate amount of $3,739,044.00. The SunTrust Bridge Loan will be for 24 months, plus any applicable extension, from the date of the loan closing and the interest rate will be equal to the one-month LIBOR Index plus a margin of 2.60% with monthly interest payments. The SunTrust Bridge Loan is expected to be repaid from the equity generated by the sale of the low-income housing tax credits. Baltimore City HOME Program – 4th Lien Construction/3rd Lien Permanent Loan The construction loan period will be coterminous with the RHP Loan, and its permanent loan period (the Permanent Loan Period) will be 40 years from the date of conversion to the permanent loan period (the HOME Maturity Date). The interest rate during the construction period and Permanent Loan Period will be set at 0%. No payments on the HOME Loan will be required during construction, but following completion of construction, annual payments of principal 48 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d and interest will be due from the Borrower in an amount necessary to fully amortize the principal sum through the term of the HOME Loan (the HOME Payments). However, any HOME Payments made by the Borrower will be paid from that portion of the 75% of surplus cash generated by the Project that remains after the payment of the RHP Loan, and to the extent such surplus cash is not available, the HOME Payment due and owing will be deferred. The outstanding principal balance and any deferred and accrued interest is due and payable on the HOME Maturity Date. The HOME Loan will be long-term, subordinate, non-recourse debt. MBE/WBE PARTICIPATION: Article 5, Subtitle 28 of the Baltimore City Code for Minority and Women’s Business Opportunity is fully applicable and no request for a waiver has been made. THE DEPARMTENT OF FINANCE REVIEWED AND RECOMMENDED APPROVAL. TRANFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $780,035.00 9910-923006-9609 9910-906280-9610 Federal HOME HOME FY 2015 Orchard Ridge FY 2015 Reserve Rental Phase V This transfer will provide Federal HOME funds to Orchard Ridge Rental V, LLC to support a portion of the construction costs of the Orchard Ridge Rental Phase V. (In accordance with Charter provisions a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon). 49 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Housing and – Land Disposition Agreement Community Development___ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Land Disposition Agreement with Lydia Alexander, Developer, for the sale of the City-owned property located at 1441 Montpelier Street. AMOUNT OF MONEY AND SOURCE: $1,000.00 BACKGROUND/EXPLANATION: The purchaser intends to use the lot as green space. Ms. Alexander currently owns the adjacent property located at 1443 Montpelier Street and lives at 1445 Montpelier Street. The lot was journalized and approved for sale on December 5, 2012. STATEMENT OF PURPOSE AND RATIONALE FOR SALE BELOW THE PRICE DETERMINED BY THE WAIVER VALUATION PROCESS: Pursuant to the Baltimore City’s Appraisal Policy, 1441 Montpelier St., is assessed at $1,000.00 and is being sold at the same price of $1,000.00. Also, in accordance with the Appraisal Policy, “unimproved real property with an assessed value of $2,500.00 or less will not require an appraisal.” MBE/WBE PARTICIPATION: N/A (The Land Disposition Agreement has been approved by the Law Department as to form and legal sufficiency.) 50 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Housing and – Land Disposition Agreement Community Development ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Land Disposition Agreement with Necktie SF Joint Venture, Developer, for the sale of the City-owned properties located at 1424 Druid Hill Avenue and 503 Mosher Street, in the Upton Marble Neighborhood. AMOUNT OF MONEY AND SOURCE: $ 1,000.00 – 1424 Druid Hill Avenue 1,000.00 – 503 Mosher Street $ 2,000.00 – Purchase price payable at the time of settlement BACKGROUND/EXPLANATION: The project will consist of converting and using the vacant lots for parking and green space. The Developer plans to invest approximately $51,889.00 into this project. The project will be privately funded. The authority to sell this property is Article 11, Section 15 of the Baltimore City Charter and Article 28 of the Baltimore City Code (2010 Edition). STATEMENT OF PURPOSE AND RATIONALE FOR SALE BELOW THE PRICE DETERMINED BY THE WAIVER VALUATION PROCESS: ____ Not Applicable. 1424 Druid Hill Avenue and 503 Mosher Street are valued at $1,000.00 each. Pursuant to the Baltimore City Appraisal Policy, properties assessed below $2,500.00 by the State Assessment and Taxation do not have to be appraised for value, as such, appraisals are not necessary for these properties. 51 AGENDA BOARD OF ESTIMATES 03/02/2016 DHCD – cont’d MBE/WBE PARTICIPATION: The Developer will purchase the properties for a price that is less than $50,000.00 and will receive no City funds or incentives for the purchase or rehabilitation; therefore, MBE/WBE is not applicable. (The Land Disposition Agreement has been approved by the Law Department as to form and legal sufficiency.) A PROTEST WAS RECEIVED FROM THE UPTON HISTORIC MARBLE HILL PRESERVATION COMPLIANCE BOARD. 52 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases 1. F.W. HAXEL COMPANY $ 12,000.00 Renewal Solicitation No. B50003400 – Banner Supplies & Sewing – Department of Public Works – Office of the Director – P.O. No. P526634 On March 13, 2014, the City Purchasing Agent approved the initial award in the amount of $8,000.00. The award contained two renewal options. On September 30, 2014, the City Purchasing Agent approved an increase in the amount of $4,000.00. On January 23, 2015, the City Purchasing Agent approved the first renewal in the amount of $12,000.00. This final renewal in the amount of $12,000.00 is for the period March 10, 2016 through March 9, 2017. 2. MID-ATLANTIC CAR WASH TECHNOLOGY, INC. T/A WASH TECH $ 0.00 Renewal Solicitation No. B50002351 – OEM Parts and Service for the Tandem Rite Touch Car Wash – Department of General Services – Fleet Management Division – P.O. No. P519848 On April 4, 2012, the Board approved the initial award in the amount of $15,000.00. The award contained two 1-year renewal options. Subsequent actions have been approved. This final renewal in the amount of $0.00 is for the period April 1, 2016 through March 31, 2017. 3. WASTE EQUIPMENT SALES AND SERVICE, LLC $24,500.00 Increase Solicitation No. B50003265 – OEM Parts and Service for Steller K-Pacs – Department of General Services – Fleet Management – P.O. No. P525784 53 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases On December 3, 2013, the City Purchasing Agent approved the initial award in the amount of $24,500.00. New hook-lift trucks with Stellar bodies were purchased, resulting in an increased need for parts and repair service provided under this contract. This increase in the amount of $24,500.00 will make the award amount $49,000.00. The contract expires December 2, 2016. 4. SHERWOOD-LOGAN & ASSOCIATES, INC. $ 30,023.10 Sole Source Solicitation No. 08000 – Restock Hayward Gordon Parts – Department of Public Works, Bureau of Water & Wastewater – Req. No. R723026 The vendor is the sole authorized supplier and distributor of these items in our area. 5. ACCURATE INSULATION LLC $ 31,701.00 Low Bid Solicitation No. 07000 – Sealing the Building Envelope – Department of Public Works, Office of Sustainable Energy – Req. No. 723572 The Sustainable Energy group of DPW has received grant money from the Maryland Energy Administration for sealing the building envelope of Carrie Murray Nature Center. Three bids were received. Award is recommended to the lowest bidder. 6. THOMPSON’S GAS & ELECTRIC SERVICE, INC. $229,280.00 Renewal Contract No. B50001944 – Propane – Department of Recreation and Parks, etc. – P.O. No. P520119 54 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases On March 14, 2012, the Board approved the initial award in the amount of $229,280.00. The award contained two 1-year renewal options. On February 26, 2014, the Board approved the first renewal in the amount of $229,280.00. This final renewal in the amount of $229,280.00 is for the period March 14, 2016 through March 13, 2018. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 7. MCAFEE ELECTION SERVICES, INC. $ 0.00 Renewal Contract No. 06000 – Election Services – Board of Elections – P.O. No. P531956 On February 5, 2014, the Board approved the initial award in the amount of $1,079,530.00. The award contained two 2- year renewal options. On June 17, 2015, the Board approved an increase in the amount of $435,369.00. The State of Maryland has implemented new voting machines with respective new procedures for the upcoming 2016 elections that will require additional setup work for both the primary and general elections. This renewal in the amount of $0.00 is for the period February 5, 2016 through February 4, 2018, with one 2-year renewal option remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 8. ORASURE TECHNOLOGIES, INC. $150,000.00 Renewal Contract No. 08000 – Oraquick Advance HIV Test Kits – Health Department – P.O. No. P522548 On January 24, 2013, the City Purchasing Agent approved the initial award in the amount of $24,450.00. The award contained two 1-year renewal options. Subsequent actions have been approved. This final renewal in the amount of 55 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases $150,000.00 is for the period February 15, 2016 through February 14, 2017. The above amount is the City’s estimated requirement. 9. NETSMART TECHNOLOGIES, INC. $ 46,308.06 Renewal Contract No. 08000 – Software Maintenance Support – Health Department – P.O. Nos. P520596 and P520608 On June 20, 2012, the Board approved the initial award in the amount of $31,050.00. The award contained four 1-year renewal options. Subsequent actions have been approved. This final renewal in the amount of $46,308.06 is for the period March 21, 2016 through March 20, 2017. The above amount is the City’s estimated requirement. 10. ITEM 1 UNIVAR USA, INC. $ 250,000.00 ITEM 2 KUEHNE CHEMICAL COMPANY, 3,000,000.00 INC. ITEM 3 KLEEN-RITE CORPORATION 150,000.00 $3,400,000.00 Renewal Contract No. B50002309 – 15% Sodium Hypochlorite – Department of Public Works, Bureau of Water and Wastewater, Recreation and Parks – P.O. Nos. P520017, P520018 and P520019 On April 4, 2012, the Board approved the initial award in the amount of $3,270,000.00. The award contained four 1- year renewal options. Three renewals have been exercised. 56 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases This final renewal in the amount of $3,400,000.00 is for the period May 1, 2016 through April 30, 2017. The above amount is the City’s estimated requirement. 11. CROVATO PRODUCTS AND SERVICES, LLC $110,000.00 Increase Contract No. 06000 – BG Chemicals – Department of General Services, Fleet Management – P.O. No. P524844 On September 4, 2013, the Board approved the initial award in the amount of $150,000.00. The award contained two 1- year renewal options. On February 11, 2015, the Board approved an increase in the amount of $100,000.00. In order to continue to provide BG Chemicals for automatic transmissions in City fleet vehicles an increase in the amount of $110,000.00 is necessary. This increase will make the award amount $360,000.00. The contract expires on September 30, 2016, with two 1-year renewal options remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 12. PHILADELPHIA MIXING SOLUTIONS, LTD $ 81,794.00 Sole Source Contract No. 08000 – Anoxic Mixer Replacement Parts – Department of Public Works Wastewater Facilities – Req. No. R718252 The vendor is the sole manufacturer and distributor of these products compatible with currently installed equipment. This is a one-time purchase. The above amount is the City’s estimated requirement. 57 AGENDA BOARD OF ESTIMATES 03/02/2016 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. Therefore, pursuant to Article VI, Section 11 (e)(i) of the City Charter, the procurement of the equipment and/or service is recommended. 13. ENVIRONMENTAL SERVICE AND EQUIPMENT COMPANY, INC. $300,000.00 Sole Source Contract No. 08000 – Wallace & Tiernan Chlorinator Parts, Accessories – Department of Public Works - Water and Wastewater – Req. Nos. R716872 and R723064 The vendor is the manufacturer’s sole authorized source of these products, which must be compatible with currently installed equipment. The period of the award is March 2, 2016 through March 1, 2018, with one 2-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. 14. POWER & TELEPHONE SUPPLY COMPANY $177,284.85 Selected Source Contract No. 06000 – Traffic Signal Cables – Department of Transportation – Safety Division – Req. No. R709158 This item has been placed out for bid on two occasions with no bids received. The selected incumbent vendor submitted a quote that was determined to be fair and reasonable. The 58 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases period of the award is March 2, 2016 through March 1, 2018, with three 1-year renewal options remaining. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 15. ATLANTIC EMERGENCY SOLUTIONS, INC. $2,295,743.00 Selected Source Contract No. 06000 – Police Command Unit and a Mid-Mount Ladder Truck – Department of General Services – Req. Nos. R716560 and R719783 The two units are being purchased from a Cooperative Purchasing Contract Agreement #07-1835 with the Baltimore Regional Cooperative Purchasing Committee and Houston- Galveston Area Council. The units will replace older equipment in the City’s fleet as part of Fleet Management’s planned replacement program. 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. 16. NESTLES WATERS NORTH AMERICA, INC. $ 0.00 Extension 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 59 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases renewal options. Both renewals have been exercised. An extension is required to meet Citywide requirements until a new contract can be awarded. This extension is for the period March 23, 2016 through May 31, 2016. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 17. BLACKBOARD, INC. $ 71,888.51 Extension Harford County Community College Contract No. 08P-008-E- Learning Content Management System – Department of Human Resources (DHR) – P.O. No. P529992 On February 23, 2011, the Board approved the initial award in the amount of $298,841.59. The award contained two 1- year renewal options. All renewals options have been exercised and subsequent actions have been approved. This extension will allow DHR to evaluate replacement options without suspending the current program. This extension is for the period February 23, 2016 through February 22, 2017. MWBOO GRANTED A WAIVER. 18. UNIVERSITY OF BALTIMORE SCHAEFER CENTER FOR PUBLIC POLICY $ 0.00 Extension Baltimore County Contract No. BC2057085 Election Judge Training Services – Board of Elections – P.O. No. P531955 On July 11, 2007, the Board approved the initial award in the amount of $290,000.00. The award contained seven 1- year renewal options. The last renewal was approved on June 17, 2015, which made the total contract amount $2,149,903.00. The State of Maryland has implemented new voting machines and procedures for the upcoming 2016 elections requiring increased training. This extension is 60 AGENDA BOARD OF ESTIMATES 03/02/2016 INFORMAL AWARDS, RENEWALS, INCREASES TO CONTRACTS AND EXTENSIONS VENDOR AMOUNT OF AWARD AWARD BASIS Bureau of Purchases requested to assure continuity of training being provided for the primary elections through to the general elections including all early voting. The above amount is the City’s estimated requirement. MWBOO GRANTED A WAIVER. 61 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – 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. 801 Aliceanna St. Help II, LLC Two awnings @ 2’8” x 8’6” ea. Annual Charge: $140.60 2. 801 Aliceanna St. Help II, LLC One Canopy k/a 807 Aliceanna St. 83 sq. ft. Annual Charge: $174.30 3. 600 S. Broadway 600 Broadway One awning w/ k/a 1641 Fleet St. Apartments, LLC signage 14’ x 3’ Annual Charge: $123.40 4. 1003 S. Charles St. Bonnie Scherr Retain single face electric sign 15’ x 3’ Annual Charge: $168.72 5. 3320 Eastern Ave. Reval Real Two flat signs @ Estate Eastern 13.8 sq. ft. ea. Ave., LLC Annual Charge: $ 70.40 62 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – cont’d LOCATION APPLICANT PRIVILEGE/SIZE 6. 100 E. Pratt St. 100 East Pratt Two single face Street Business electric signs @ Trust 33.25 sq. ft. ea., one double face electric sign 10.02 sq. ft. Annual Charge: $351.30 7. 428 E. Preston St. Komar Properties 13 Footings @ Limited Partner- 24 linear ft. ea. ship Annual Charge: $733.20 Since no protests were received, there are no objections to approval. 63 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation - Developer’s Agreement No. 1430 ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Developer’s Agreement No. 1430 with Franklin Flats, LLC. AMOUNT OF MONEY AND SOURCE: $77,983.00 BACKGROUND/EXPLANATION: The Developer would like to install new water service to its proposed new building located in the vicinity of 20 East Franklin St. 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 $77,983.00 has been issued to Franklin Flats, LLC, which assumes 100% of the financial responsibility. MBE/WBE PARTICIPATION: N/A (The Developer’s Agreement No. 1430 has been approved by the Law Department as to form and legal sufficiency.) 64 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation (DOT) – Employee Expense Statement ACTION REQUESTED OF B/E: The Board is requested to approve the expense statement for Ms. Iantha McCallum for the month of September, 2015. AMOUNT OF MONEY AND SOURCE: $24.00 – 1001-000000-5034-384500-603033 - Mileage BACKGROUND/EXPLANATION: The DOT TEC Division received the mileage report past the submission date to the Department of Finance. The Administrative Manual, in Section 240-11, states that Employee Expense Reports that are submitted more than 40 work days after the last calendar day of the month in which the expenses were incurred require Board of Estimates approval. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. 65 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – Resolution Authorizing the Filing of an Application with the Mary- land Transit Administration of the Maryland Department of Trans- portation for Federal Financial Assistance ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Resolution Authorizing the Filing of an Application with the Maryland Transit Administration (MTA) of the Maryland Department of Transportation (MDOT) for Federal Financial Assistance. The Board is further requested to approve and authorize the Director of the Department of Transportation to apply for grants for a mass transportation program. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The MTA is the designated recipient in Maryland for grants under the Federal Transit Act. The Administrator of the MTA of the MDOT is authorized to make grants to counties and to local governments for a mass transportation program of projects. (The Resolution Authorizing the Filing of an Application with the Maryland Department of Transportation for Federal Financial Assistance has been approved by the Law Department as to form and legal sufficiency.) 66 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – Traffic Mitigation Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Traffic Mitigation Agreement with 602 Howard Properties, LLC. The period of the agreement will commence upon Board approval and termination will be deemed in writing by the Department of Transportation. AMOUNT OF MONEY AND SOURCE: $10,424.11 – 9950-906082-9512-000000-490375 BACKGROUND/EXPLANATION: Baltimore City Ordinance 11-529, approved on May 9, 2012, determined that a Traffic Impact Study was required for the Development. The Developer proposes to perform the Scope of Work for 602 N. Howard St. at 602-612, 612.5 & 614 N. Howard St. approximately 90,250 sq. ft. of mini storage with 285 storage units and 4,000 sq. ft. of retail. The Developer agrees to make a one-time contribution in the amount of $10,424.11 to fund the City’s mu1timodal transportation improvements in the development’s vicinity. (The Traffic Mitigation Agreement has been approved by the Law Department as to form and legal sufficiency.) 67 AGENDA BOARD OF ESTIMATES 03/02/2016 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 Agreement with Gannett Fleming, Inc., for Project No. 1135, On-Call Consultant Services for Federal Aid Bridges within the City of Baltimore. This amendment to agreement will extend the period of the agreement through March 29, 2017. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: On March 30, 2011, the Board approved the original agreement for five years with Gannett Fleming, Inc. in the amount of $3,000,000.00. Under the agreement, Gannett Fleming, Inc. will assist the Transportation, Engineering & Construction Division in the replacement or rehabilitation design of bridge structures, geotechnical design services/soil borings and other related civil and structural engineer designs. The Department is requesting a one-year time extension to complete on going task. DBE PARTICIPATION: The Consultant will comply with Title 49 Code of Federal Regulations Part 26 and the DBE goals established in the original agreement. DBE: 25.00% AUDITS NOTED THE TIME EXTENSION AND WILL REVIEW TASK ASSIGNMENTS. (The Amendment No. 1 to Agreement has been approved by the Law Department as to form and legal sufficiency.) 68 AGENDA BOARD OF ESTIMATES 03/02/2016 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 Agreement with STV, Inc., for Project No. 1135, On-Call Consultant Services for Federal Aid Bridges within the City of Baltimore. This amendment to agreement will extend the period of the agreement through February 22, 2017. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: On February 23, 2011, the Board approved the original agreement with STV, Inc. in the amount of $3,000,000.00 for five years. Under the agreement STV, Inc. assists the Transportation, Engineering & Construction Division in the replacement or rehabilitation design of bridge structures, geotechnical design services/soil borings and other related civil and structural engineer designs. DBE PARTICIPATION: The Consultant will comply with Title 49 Code of Federal Regulations Part 26 and the DBE goals established in the original agreement. DBE: 25.00% AUDITS NOTED THE TIME EXTENSION AND WILL REVIEW TASK ASSIGNMENTS. (The Amendment No. 1 to Agreement has been approved by the Law Department as to form and legal sufficiency.) 69 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – Amendment No. 2 to Agreement ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Amendment No. 2 to Agreement with KCI Technologies, Inc./STV, Incorporated JV, for Project No. 1190, On-Call Consultant Engineering Design, Review and Evaluation Services Conduit. This amendment no. 2 to agreement will extend the period of the agreement through June 10, 2017. AMOUNT OF MONEY AND SOURCE: $2,500,000.00 – Upset limit BACKGROUND/EXPLANATION: On June 11, 2014, the Board approved the original agreement with KCI Technologies, Inc./STV, Incorporated JV, in the amount of $1,000,000.00, to assist the Transportation, Engineering & Construction Division in managing various On-Call Engineering Services. On June 17, 2015, the Board approved Amendment No. 1 for a one year time extension and an increase to the upset limit by $500,000.00 to fully complete assigned tasks to fully complete extra work. The Department is requesting an increase in the upset limit of $2,500,000.00 which includes but is not limited to accommodating a proposal for fast track comprehensive citywide manhole inspections, GIS entry activity and continuation of on-site support under Amendment No. 2. The increase in the upset limit will result in a total upset limit of $4,000,000.00. MBE/WBE PARTICIPATION: The Consultant will comply with Article No. 5, Subtitle 28 of the Baltimore City Code and the MBE and WBE goals established in the original agreement. 70 AGENDA BOARD OF ESTIMATES 03/02/2016 DOT – cont’d MBE: 27.00% WBE: 10.00% AUDITS NOTED THE TIME EXTENSION AND INCREASE AND WILL REVIEW TASK ASSIGNMENTS. (The Amendment No. 2 to Agreement has been approved by the Law Department as to form and legal sufficiency.) 71 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Transportation – Task Assignment ACTION REQUESTED OF B/E: The Board is requested to approve the assignment of Task No. 2 to McCormick Taylor, Inc. for Project 1225, On-Call Design Consultant Services for Resurfacing and Reconstruction Task No. 2. AMOUNT OF MONEY AND SOURCE: $199,931.15 – 9950-906312-9527-900020-703032 BACKGROUND/EXPLANATION: This authorization provides for the evaluation of the electrical power system at the Inner Harbor Promenade and the climate adaptation measure outlined in the Baltimore Climate Action Plan aimed to reduce Maryland’s vulnerability to climate change. MBE/WBE PARTICIPATION: The Consultant will comply with Article 5, Subtitle 28 of the Baltimore City Code and the MBE/WBE goals established in the original agreement. MBE: 27.00% WBE: 10.00% MWBOO SET GOALS OF 27% MBE AND 10% WBE. MWBOO FOUND VENDOR IN COMPLIANCE. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. 72 AGENDA BOARD OF ESTIMATES 03/02/2016 DOT – cont’d TRANSFERS OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $213,000.00 9950-903173-9528 9950-906312-9527-3 MVR Constr. Reserve - Design Inner Harbor Downtown Pedestrian Infrastructure/UT Lighting This transfer will fund the costs associated with Task No. 2 on Project 1225 On-Call Design Consultant Services for Resurfacing and Reconstruction Projects with McCormick Taylor, Inc. (In accordance with Charter provisions reports have been requested from the Planning Commission, the Director of Finance having reported favorably thereon). 73 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Public Works – Post-Installation Monitoring Agreement___________________ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of the Post-Installation Monitoring Agreement with Blue Water Baltimore (BWB). The period of the agreement is effective upon Board approval for one year or until the upset limit is reached. AMOUNT OF MONEY AND SOURCE: $7,895.00 – 2072-000000-5181-390700-603026 BACKGROUND/EXPLANATION: The BWB in partnership with Biohabits, The Center for Watershed Protection, Baltimore City Department of Transportation (DOT), and the Baltimore Department of Public Works worked over the last three years on a pilot project to determine the cost effectiveness of installing pervious alleys and curbside bioretention bumpouts in treating stormwater run-off. The project was installed by Blue Water Baltimore, with matching funds provided by the Department. BWB will perform stormwater runoff monitoring and analysis from two alleyways and two bump- out retrofits as part of the Blue Alleys stormwater management project. The agency will examine the cost effectiveness of retrofitting these practices in already built out areas of the City. In order to quantify the stormwater treatment potential of these practices, Blue Water Baltimore will provide post installation monitoring. The runoff data will be analyzed and a final report prepared. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Post-Installation Monitoring Agreement has been approved by the Law Department as to form and legal sufficiency.) 74 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Public Works/Office – Task Assignment of Engineering & Construction__ ACTION REQUESTED OF B/E: The Board is requested to approve the assignment of Task No. 001 to Alpha Corporation, under Project No. 1501, On-Call Project and Construction Management Assistance Services. The period of this task is approximately 12 months. AMOUNT OF MONEY AND SOURCE: $104,221.32 – 9956-904564-9551-900010-706063 104,221.32 – 9956-905565-9551-900020-703032 104,221.32 – 9960-909614-9557-900020-706063 104,221.32 – 9960-905136-9557-900020-706063 $416,885.28 BACKGROUND/EXPLANATION: The Office is in need of assistance from Alpha Corporation to provide construction management services to various projects including, but not limited to SC 877 ENR Modifications Phase II- Demolition to Existing Facilities at Back River Wastewater Treatment Plant SC 882-ENR at the Back River Wastewater Treatment Plant Project 2, Activated Sludge Plant Number 4, WC 1311R AMI/R Urgent Need Pavement & Sidewalk Restoration, Various Locations, and WC 1262 East Baltimore Midway Neighborhood & Vicinity Water Main Replacements for the Bureau of Water & Wastewater, Department of Public Works. MBE/WBE PARTICIPATION: The Consultant will comply with Article 5, Subtitle 28 of the Baltimore City Code and the MBE and WBE goals established in the original agreement. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND FOUND THE BASIS FOR COMPENSATION CONSISTENT WITH CITY POLICY. 75 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Public Works – Full Release of Retainage Agreement________________ ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of a Full Release of Retainage Agreement for Allan Myers MD, Inc. for WC No. 1160R Montebello Plant 2 Finished Water Reservoir Cover. AMOUNT OF MONEY AND SOURCE: $318,489.28 – 9960-904694-9557-000000-200001 BACKGROUND/EXPLANATION: As of October 20, 2015, Allan Myers MD, Inc. has completed 100% of all work for WC 1160R. The Contractor has requested a Full Release of Retainage in the amount of $318,489.28. Currently, the City is holding $318,489.28 in retainage for the referenced project and the contractor is requesting to reduce the amount of Retainage to $0.00. APPROVED FOR FUNDS BY FINANCE AUDITS REVIEWED AND HAD NO OBJECTION. (The Full Release of Retainage Agreement has been approved by the Law Department as to form and legal sufficiency.) 76 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Public Works/Office – Amendment No. 1 to Agreement Of Engineering and Construction ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of Amendment No. 1 to Agreement with Whitman, Requardt & Associates, LLP under Project No. 1124W, Wastewater Engineering Services for the Improvements to Herring Run Collection System. This amendment no. 1 to agreement will extend the period of the agreement through August 22, 2017. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: Whitman, Requardt & Associates, LLP was awarded an agreement on February 23, 2011 to provide engineering services for the Improvements to Herring Run Sewershed Collection System in compliance with the Consent Decree for a period of five years. This Amendment will allow the consultant to continue to provide post award engineering services which include but are not limited to attending additional progress meetings, site visits, responding to requests for information, review of submittals, technical consultations, review of proposed change orders and review of post-rehabilitation videos. Whitman, Requardt & Associates, LLP was originally approved by the Office of Boards and Commissions and Architectural Awards Commission. MBE/WBE PARTICIPATION: The Consultant will continue to comply with Article 5, Subtitle 28 of the Baltimore City Code and the MBE and WBE goals established in the original agreement. APPROVED FOR FUNDS BY FINANCE AUDITS NOTED THE TIME EXTENSION. (The Amendment No. 1 to Agreement has been approved by the Law Department as to form and legal sufficiency.) 77 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS * * * * * * * The Board is requested to approve award of the formally advertised contracts listed on the following pages: 79 - 86 to the low bidder meeting specifications, or reject the bid on those as indicated for the reasons stated. In connection with the Transfers of Funds, pursuant to Charter provisions, a report has been requested from the Planning Commission, the Director of Finance having reported favorably thereon. 78 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS DPW/Department of Recreation & Parks 1. RP 15819, Leakin Phoenix Experiential $ 201,375.00 Park Challenge Designs, LLC Course The contract is a specialized job; therefore, no MBE/WBE goals are required. 2. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $200,000.00 9938-907049-9475 9938-908049-9474 State - Program Cahill Community Cahill Community Open Space Center – Reserve Center – Active This transfer will provide funds to cover the costs associated with the award of RP 15819, Leakin Park Challenge Course to Phoenix Experiential Designs, LLC. 3. RP 13806, Sloman DSM Properties, LLC $1,287,696.00 Drive and Parking Loop Improvements MBE: Priority Construction $154,550.00 12% Corporation WBE: S&L Trucking, LLC $ 25,755.00 2% MWBOO GRANTED A WAIVER. 79 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS DPW/Department of Recreation & Parks - cont’d 4. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 300,000.00 9938-907042-9475 General Fund FY15 Park Roadway Improvements Reserve 435,000.00 9938-933005-9475 General Fund Gwynns Falls Athletic Fields - Reserve 196,000.00 9938-933005-9475 Rec & Parks 26th Gwynns Falls Athletic Series Fields - Reserve 90,000.00 9938-909064-9475 Parks & Public FY16 Athletic Facilities 1st Field Renovations Series 270,000.00 9938-909064-9475 State – Program FY16 Athletic Open Space_____ Field Renovations $1,291,000.00 9938-909042-9474 (Active) – Sloman Drive and Parking Lot This transfer will provide funds to cover costs associated with the award of Sloman Dr. & Parking Loop Improvements in Gwynns Falls Park, Contract No. RP 13806 to DSM Properties, LLC. 80 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Department of Public Works (DPW)/Office of Eng. & Constr. 5. S.C. 903, Improve- Spiniello Companies $25,283,300.00 ments to Patapsco Sewershed DBE/MBE: JJ Adams Fuel Oil Co. $ 598,101.00 2.37% Shekinah Group, LLC 3,700,000.00 14.63% DBE/WBE: Advantage Manhole $2,104,025.00 8.32% R & R Contracting 1,383,322.00 5.47% Utilities, Inc. M. Luis Construction 557,981.00 2.21% 6. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 2,287,662.98 9956-919616-9549 County Appro. Constr. Res. Sewer Rehab-Patapsco 11,216,841.02 " " Wastewater Revenue Bonds 12,229,840.00 9956-933001-9549 State Revenue Constr. Res. Unallocated 7,639,612.00 9956-905528-9549 State Revenue Constr. Res. Patapsco Wastewater Treatment Plant $33,373,956.00 81 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS (DPW)/Office of Eng. & Constr. – cont’d TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 2,528,330.00 ---------------- 9950-907603-9551-2 Extra Work 2,528,330.00 ---------------- 9950-907603-9551-3 Design 1,516,998.00 ---------------- 9950-907603-9551-5 Inspection 25,283,300.00 ---------------- 9950-907603-9551-6 Construction 1,516,998.00 ---------------- 9950-907603-9551-9 Administration $33,373,956.00 The funds will be used to cover the cost of S.C. 903, Improvements to the Patapsco Sewershed. 7. S.C. 937, Improve- SAK Construction, $ 6,590,680.00 ments to Sanitary LLC Sewers in HR07A and Along Chester- field Avenue in Herring Run Sewer- shed DBE/MBE: Daco Construction $1,121,000.00 17.01% Corp. DBE/WBE: TFE Resources, Ltd. $ 56,676.00 0.86% Royale Construction, 269,201.00 4.08% Inc. Advantage Manhole & 740,000.00 11.22% Concrete 82 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS (DPW)/Office of Eng. & Constr. – cont’d 8. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $ 3,723,208.00 9956-907624-9549 Wastewater Constr. Res. Revenue Bonds Wastewater Rehab Prog. – Herring Run 5,145,588.00 9956-933001-9549 State Revenue Constr. Res. Unallocated Wastewater $ 8,868,796.00 $ 659,068.00 -------------- 9956-903654-9551-2 Extra Work 659,068.00 -------------- 9956-903654-9551-3 Engineering 564,539.00 -------------- 9956-903654-9551-5 Inspection 6,590,680.00 -------------- 9956-903654-9551-6 Construction 395,441.00 -------------- 9956-903654-9551-9 Administration $ 8,868,796.00 The funds are needed to cover the cost of the award for S.C. 937, Improvements to Sanitary Sewers in the Herring Run Sewershed Along Chesterfield Avenue. 9. W.C. 1342, AMI/R Spiniello Companies $5,853,375.00 Urgent Need Metering Infrastructure Repair & Replacement, Various Locations 83 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS (DPW)/Office of Eng. & Constr. – cont’d MBE: Machado Construction Co., $439,907.00 7.52% Inc. Shekinah Group, LLC 438,100.00 7.48% $878,007.00 15.00% WBE: R&R Contracting Utilities, $293,000.00 5.00% Inc. MWBOO FOUND VENDOR IN COMPLIANCE. A PROTEST WAS RECEIVED FROM METRA INDUSTRIES. A PROTEST WAS RECEIVED FROM R.E. HARRINGTON PLUMBING AND HEATING CO., INC. A RESPONSE TO THE PROTESTS FROM METRA INDUSTRIES AND R.E. HARRINGTON PLUMBING AND HEATING CO., INC. WAS RECEIVED FROM SPINIELLO COMPANIES. 10. TRANSFER OF FUNDS AMOUNT FROM ACCOUNT/S TO ACCOUNT/S $4,175,126.50 9960-909100-9558 Water Revenue Constr. Res. Bonds Water Infrastruc- ture Rehab. 900,000.00 " " Baltimore Co. 3,275,126.50 9960-906133-9558 Baltimore Co. Constr. Reserve _____________ Meter Replacement $8,350,253.00 84 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS (DPW)/Office of Eng. & Constr. – cont’d $ 585,338.00 -------------- 9960-908604-9557-2 Extra Work 585,338.00 -------------- 9960-908604-9557-3 Engineering 975,000.00 -------------- 9960-908604-9557-3 Engineering 5,853,375.00 -------------- 9960-908604-9557-6 Construction 351,202.00 -------------- 9960-908604-9557-9 Administration $ 8,350,253.00 The funds are required to cover the cost of the award for WC 1342, AMI/R Urgent Need Metering Infrastructure Repair & Replacement at Various Locations. Bureau of Purchases 11. B50004352, Armed Metropolitan Protective $ 150,000.00 Security Guards Service, Inc. (Health Department) MWBOO SET GOALS OF 0% MBE AND 0% WBE. 85 AGENDA BOARD OF ESTIMATES 03/02/2016 RECOMMENDATIONS FOR CONTRACT AWARDS/REJECTIONS Bureau of Purchases – cont’d 12. B50004390, OEM Fire Line Equipment, LLC $ 150,000.00 Parts and Service For LTI Ladder Trucks (Dept. of General Services) MWBOO GRANTED A WAIVER. 13. B50004440, Crew Cowles Ford, Inc. $ 174,662.00 Cab Truck with a Dump Body (Dept. of General Services) MWBOO GRANTED A WAIVER. 86 AGENDA BOARD OF ESTIMATES 03/02/2016 CITY COUNCIL BILL: 15-0611 – An Ordinance concerning Admissions and Amusement Tax – Arena Artistic Performance Exemption for the purpose of exempting certain artistic performances from the admissions and amusement tax; defining certain terms; and generally relating to the admissions and amusement tax. The Law Department is favorable with comments. Law Department Comments The Law Department reviewed the City Council Bill 15-0611 for form and legal sufficiency. The bill exempts certain artistic performances from the admissions and amusement tax. The City Council can provide for classifications among the categories of admissions and charge different admission tax rates within those classifications, including exemptions, so long as there is a rational basis to support the disparate treatment. Exempting artistic performances at the City-owned Arena located at 201 West Baltimore Street from the amusement tax, but not exempting: (1) other performances at the Arena, or (2) artistic performances at other venues, which like the Arena, are not located within an arts district, creates a classification that must have a rational basis to justify the different treatment of similarly situated activities. In this case, the justification could be the promotion of “artistic works’ at the A rena, a venue which typically showcases sports, such as hockey and basketball, as well as popular musical groups. The record at the hearing should include a statement of such justification, or it should be included in the bill. 87 AGENDA BOARD OF ESTIMATES 03/02/2016 CITY COUNCIL BILL: 15-0611 – cont’d The Department of Finance is opposed. Department of Finance Analysis This bill would exempt from the City's Admission and Amusement Tax the gross receipts from any admission or amusement charge levied for attendance of a performance or exhibition of an artistic work at the City-owned Arena located at 201 W. Baltimore Street (currently known as Royal Farms Arena). “ Artistic Work” is given the meaning stated in the State Economic Development Article §4-701(B): §4-701 Definitions (a) In general -- In this subtitle the following words have the meanings indicated. (b) Artistic work – “Artistic work” means an original and creative work that: (1) is created, written, composed, or executed; and (2) falls into one of the following categories: (i) a book or other writing; (ii) a play or performance of a play; (iii) a musical composition or the performance of a musical composition; 88 AGENDA BOARD OF ESTIMATES 03/02/2016 CITY COUNCIL BILL: 15-0611 – cont’d (iv) a painting or other picture; (v) a sculpture; (vi) traditional or fine crafts; (vii) the creation of a film or the acting within a film ; (viii) the creation of a dance or the performance of a dance; (ix)the creation of original jewelry, clothing, or design ; or (x) any other product generated as a result of a work listed in items (i) through (ix) of this paragraph. This would include concerts, theatrical performances, art shows, craft shows, jewelry shows, dance competitions, comedy shows, and any other work which could fall under this rather broad definition. While sporting events are routinely held at the A rena and would remain for the most part taxable, one could go so far as to argue that all future professional wrestling events at the Arena could make a case for tax exempt status (professional wrestling is a composed and rather well- choreographed theatrical performance). 89 AGENDA BOARD OF ESTIMATES 03/02/2016 CITY COUNCIL BILL: 15-0611 – cont’d Fiscal Impact Due to the flexibility of the definition of “Artistic Work,” the Department of Finance estimates that the admission and amusement tax revenue from qualifying events will be between $500,000.00 and $1,200,000.00. Uncertainty exists over categories of future bookings which will result in varying amounts of exempt bookings. Additionally, due to the flexible nature of the definition of “Artistic Work,” the Department of Finance cautions that the lost revenue could be substantial. Additionally, the exemption adds additional complexity and cost for the Maryland Comptroller's Office in verifying and auditing exemptions making it likely that events that are not entitled to the exemption may apply and be g iven the exemption without recourse. As a matter of economic efficiency in tax policy, this bill may result in a distortion of demand among venues in the City of Baltimore. A lower t i c k e t p r i c e w i l l , of course, increase demand for the Royal Farms Arena and lower demand for other venues. Therefore, the Department of Finance opposes City Council Bill 15-0611 given the City's current financial situation and the loss of Admission and Amusement Tax revenue this bill represents. 90 AGENDA BOARD OF ESTIMATES 03/02/2016 CITY COUNCIL BILL 15-0562 – An Ordinance concerning Sale of Property – 10 South Frederick 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 10 South Frederick Street (Ward 04, Section 11, Block 1351, Lot 003) and no longer needed for public use; and providing for a special effective date. ALL REPORTS RECEIVED WERE FAVORABLE. 91 AGENDA BOARD OF ESTIMATES 03/02/2016 Department of Recreation – Environmental Covenant and Parks ACTION REQUESTED OF B/E: The Board is requested to approve and authorize execution of an Environmental Covenant with the Maryland Department of the Environment (MDE) regarding a portion of Middle Branch Park, located at 2913 Waterview Avenue (the Property). The term of the Covenant is perpetual, effective upon Board approval. AMOUNT OF MONEY AND SOURCE: N/A BACKGROUND/EXPLANATION: The Board previously approved this covenant on December 8, 2014. However, the Covenant was not fully executed and signed by the MDE. The MDE has requested changes to be made to the identification of the Property, as well as to incorporate changes made to the MDE’s format. The updated Covenant has been approved by all parties. This Covenant will regulate use or transfer of a portion of Middle Branch Park. A portion of the Property was used as a salvage yard from at least 1966 to 1975; while the MDE’s preliminary assessment of the property concluded that no further investigation is needed, the MDE recommends that the Covenant be put in place to restrict excavation without proper contingency for dealing with waste. The Covenant will impose health and safety restrictions on the excavation and handling of all soil and groundwater at the Property, and the City will be required to notify all future successors in interest of the restrictions and the language of the Covenant. (The terms and conditions of the Environmental Covenant has been approved by the Law Department as to form and legal sufficiency) 92 AGENDA BOARD OF ESTIMATES 03/02/2016 TRAVEL REQUESTS Fund Name To Attend Source Amount Employees Retirement System 1. Gary Gilkey NCPERS 2016 Special $2,449.06 Annual Conference Funds & Exhibition ERS San Diego, CA May 13 – 18, 2016 The subsistence rate for this location is $217.00 per day. The hotel rate is $265.00 per night, plus hotel taxes of $33.72 per night. The Department is requesting additional subsistence of $48.00 per night for hotel costs and $40.00 per day for food and incidentals. The Department is requesting an additional $40.00 for food and incidentals because of the length of travel and time zone difference. 2. Doris Y. Brightful NCPERS 2016 Special $2,263.56 Annual Conference Funds & Exhibition ERS San Diego, CA May 13 – 18, 2016 The subsistence rate for this location is $217.00 per day. The hotel rate is $265.00 per night, plus hotel taxes of $33.72 per night. The Department is requesting additional subsistence of $48.00 per night for hotel costs and $40.00 per day for food and incidentals. The Department is requesting an additional $40.00 for food and incidentals because of the length of travel and time zone difference. 93 AGENDA BOARD OF ESTIMATES 03/02/2016 TRAVEL REQUESTS Fund Name To Attend Source Amount Department of Public Works/Office of Asset Management 3. Kris Carter AWWA – Water Loss Water $1,202.62 Seminar Utility Bethleham, PA Mar. 15 - 16, 2016 (Reg. Fee $795.00) The subsistence rate for this location is $150.00 per night. The cost of the hotel is $135.00 per night plus hotel taxes of $12.88 per night. The registration fee in the amount of $795.00 was pre-paid on a City-issued credit card assigned to Ms. Tianna Haines. The Department is requesting additional subsistence of $25.00 for meals and incidentals. Therefore, the attendee will be disbursed $407.62. Department of Public Works/ Office of Engineering and Construction_ 4. Wazir Quadri WEF - Collections Waste $1,600.47 System Conference Water 2016 Utility Atlanta, GA May 1 – 4, 2016 (Reg. Fee $680.00) The registration costs of $680.00 and the transportation costs of $162.95 were prepaid using a City-issued credit card assigned to Tianna Haines. Therefore, the disbursement to Mr. Quadri is $757.52. 94 AGENDA BOARD OF ESTIMATES 03/02/2016 RETROACTIVE TRAVEL APPROVAL Fund Name To Attend Source Amount State’s Attorney’s Office Name To Attend Source Amount 5. Daniel Kim Intelligence-Driven General $ 696.34 Prosecution Funds Symposium 3 New York, N Dec. 2 – 4, 2015 6. Albert Peisinger " " " " $1,026.45 7. Christine Celeste " " " " $1,000.72 8. Charles Blomquist " " " " $1,002.61 Mr. Kim drove his personal vehicle from Baltimore City, MD to Harford County, MD. He picked-up Ms. Celeste and Mr. Blomquist from the State’s Attorney’s Office and then drove to Mr. Peisinger. Mr. Peisinger drove his personal vehicle from Harford County, MD to New York, NY. He transported Mr. Kim, Ms. Celeste, and Mr. Bloomquist. The subsistence rate for this location is $380.00 per day. Mr. Kim and Mr. Peisinger shared a hotel room. The hotel cost for the first night was $449.00 plus hotel taxes of $69.73 and for the second night $429.00 plus hotel taxes of $66.77. The hotel cost was in the amount of $878.00 was paid by a City-issued procurement card assigned to Ms. Robin Haskins. The hotel cost for Ms. Celeste and Mr. Blomquist each was $399.00 for the first night plus hotel taxes of $62.35 and $379.00 for the second night plus hotel taxes of $59.41. The Department is requesting an additional subsistence of $36.00 for hotel balances and $158.00 for meals and incidentals. The hotel costs in the amount of $878.00 each were paid by a City-issued procurement card assigned to Ms. Robin Haskins. 95 AGENDA BOARD OF ESTIMATES 03/02/2016 TRAVEL REIMBURSEMENT: State’s Attorney’s Office – cont’d The amount to be disbursed to the attendees for out-of-pocket expenses is as follows: Expenses Actual Expenses Reimbursement Mr. Kim Hotel $ 439.00 Paid* Hotel Taxes 68.25 Paid* Mileage 36.80 $ 36.80 Tolls 8.00 8.00 Food 144.29 144.29 $ 696.34 $189.09 Mr. Peisinger Hotel $ 439.00 Paid*& Hotel Taxes 68.25 Paid* Hotel Parking 120.00 $120.00 Food 153.95 153.95 Mileage 190.90 190.90 Tolls 54.35 54.35 $1,026.45 $519.20 Ms. Celeste Hotel $ 778.00 Paid* Hotel Taxes 121.76 Paid* Taxi 21.96 $ 21.96 Food 135.85 79.00 $1,000.72 $ 100.96 Mr. Blomquist Hotel $ 778.00 Paid* Hotel Taxes 121.76 Paid* Taxi 23.85 $ 23.85 Food 79.00 79.00 $1,002.61 $ 102.85 96 AGENDA BOARD OF ESTIMATES 03/02/2016 TRAVEL REIMBURSEMENT: State’s Attorney’s Office – cont’d * The hotel costs were paid by City-issued procurement card assigned to Ms. Robin Haskins. This retroactive travel request and travel reimbursement is late due to the deactivation of the procurement cards which delayed securing arrangements and illness of staff responsible for processing and submitting requests. 12:00 NOON ANNOUNCEMENTS OF BIDS RECEIVED AND OPENING OF BIDS, AS SCHEDULED 97