February 11, 2013

 

A regular meeting of the City Council was held on Monday, February 11, 2013, at 7:00 p.m. in the Council Chambers of City Hall.  Mayor Donker presided.  The Pledge of Allegiance to the Flag was recited in unison.

 

Councilmen present:

Thomas Adams, J. Dee Brooks, Diane Brown Wilhelm, Maureen Donker, Marty Wazbinski

Councilmen absent:

None

 

MINUTES

Approval of the minutes of the January 21, 2013 regular meeting was offered by Councilman Brown Wilhelm and seconded by Councilman Adams.  (Motion ADOPTED.)

 

WALK FOR WARMTH DAY

Communications Coordinator Libby Richart introduced Marilyn Rease, Outreach Coordinator for Mid Michigan Community Action Agency.  The following resolution was then offered by Councilman Wazbinski and seconded by Councilman Brooks:

 

RESOLVED, that the Mayor is authorized to issue the attached proclamation designating February 23, 2013, as Walk for Warmth Day in Midland.  (Motion ADOPTED.)  Mayor Donker presented Ms. Rease with the proclamation. 

 

PUBLIC COMMENTS

No public comments were made.

 

FINAL PLAT OF TROTTER’S POINTE

Item withdrawn by applicant.

 

GRANT FOR BARSTOW WOODS PARK IMPROVEMENTS

Public Services Director Karen Murphy presented information on a grant from the Barstow Family Foundation for improvements at Barstow Woods Park.  The following resolution was then offered by Councilman Adams and seconded by Councilman Brown Wilhelm:

 

WHEREAS, Parks staff have identified a project at Barstow Woods Park including removal of invasive species, reinstatement of a tree identification tagging program, and installation of six additional park benches; and

WHEREAS, the Barstow Family Foundation has awarded the City a grant for $16,880 to fund this project; now therefore

RESOLVED, that the City Council hereby accepts this generous grant of $16,880 from the Barstow Family Foundation for improvements at Barstow Woods Park.  (Motion ADOPTED.)

 

CITY AND COUNTY OF MIDLAND JOINT BUILDING AUTHORITY APPOINTMENTS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, the Articles of Incorporation of the City and County of Midland Joint Building Authority provide that the Authority shall be directed and governed by a Commission of the Authority consisting of three members, one to be elected by the Midland City Council, one to be elected by the Midland County Board of Commissioners, and one to be elected by the joint action of the City Council and the County Board of Commissioners; and

WEHREAS, the four-year term of Jon Lynch to represent the City of Midland on said Commission expired on January 24, 2013; and

WHEREAS, the four-year term of Margaret “Ranny” Riecker as the jointly elected member of said Commission expired on February 7, 2013; and

WHEREAS, jointly elected commissioner Margaret “Ranny” Riecker has chosen to not seek re-election and Jenee Velasquez has agreed to fill this position; now therefore

RESOLVED, that Jon Lynch be and hereby is re-elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term expiring on January 24, 2017; and

RESOLVED FURTHER, that Jenee Velasquez be and hereby is elected to the office of Commissioner of the City and County of Midland Joint Building Authority for a term expiring on February 7, 2017.  (Motion ADOPTED.)

 

DIESEL FUEL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, City Council adopted a resolution on December 17, 2007 that allows the Purchasing Agent to purchase full tankers of unleaded gasoline and diesel fuel exceeding $20,000, and seek approval for the purchase at the next City Council meeting; and

WHEREAS, City Council reviewed the process on December 21, 2009 and decided to continue as it still provides a significant cost savings to the City; and

WHEREAS, the volatility of the fuel market does not allow for staff to follow the usual sealed bid process for purchases exceeding $20,000; and

WHEREAS, staff instead uses a competitive bid process whereby fuel vendors fax in prices that are valid for a particular day with the bid awarded to the lowest priced vendor; now therefore

RESOLVED, that the requirements for sealed proposals for the purchase of fuel are waived due to the volatility of the fuel market; and

RESOLVED FURTHER, that the purchase of 13,400 gallons of Winter Blend diesel fuel from Hirschman Oil of Reese, Michigan for $40,066 executed by the Purchasing Agent on January 21, 2013, is hereby approved.  (Motion ADOPTED.)

 

ANNUAL CRUSHED LIMESTONE PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing 22A Crushed Limestone; and

WHEREAS, funds have been provided in the General Fund and Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Bunting Sand & Gravel Products, Inc. of West Branch, Michigan for delivering approximately 2,500 tons of 22A Crushed Limestone at a cost of $12.45 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

ANNUAL CONCRETE PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for concrete and related materials; and

WHEREAS, sufficient funds are included in the Operating Supplies line item in General Fund and Street Fund activities and the total amount of purchases will not exceed the funding; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Elmers Crane and Dozer, Inc. of Traverse City, Michigan for furnishing concrete and related materials at the unit prices contained in their January 22, 2013 response to our Bid No. 3485 in accord with the proposal and the City specifications.  (Motion ADOPTED.)

 

ANNUAL BITUMINOUS MATERIAL PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for furnishing bituminous materials; and

WHEREAS, funds have been provided in the Local and Major Street Fund budgets; now therefore

RESOLVED, that the City Purchasing Agent is authorized to issue a purchase order to Pyramid Paving & Contracting Co. of Bay City, Michigan for furnishing and loading onto City trucks approximately 800 tons of Bituminous Mixture #2 for hot mix patching at a cost of $48.30 per ton in accordance with the proposal and City specifications.  (Motion ADOPTED.)

 

AUTO PARTS SUPPLY CONTRACTS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, sealed proposals were advertised and received in accord with Article II of Chapter 2 of the Midland Code of Ordinances for Bid No. 3471, “Auto Parts Supply”; and

WHEREAS, adequate funds have been provided in the Equipment Revolving Fund budget for the purchase of the parts; now therefore

RESOLVED, that the City Purchasing Agent is authorized to enter into an agreement with the vendors listed below to secure the price discounts as set forth in their bid responses, in accordance with the proposal and City specifications.

Am-Dyn-Ic Fluid Power of Chesterfield, MI

Kann Mfg of Guttenberg, IA

Lubrication Specialists (Amsoil) of Washington, MI

Lacal Equipment of Jackson Center, OH

Bader & Sons of St. Louis, MI

Lubrication Engineers of Ft. Worth, TX

Bell Equipment of Lake Orion, MI

McDonald Ford of Freeland, MI

Circle Auto Parts of Midland, MI

Midland Auto Supply (NAPA) of Midland, MI

Draves Auto Center of Midland, MI

ROK Brothers of Millersville, MD

General Parts Co. (CarQuest) of Midland, MI

Shults Equipment of Ithaca, MI

Jack Doheny Supply of Northville, MI

WW Williams of Saginaw, MI

(Motion ADOPTED.)

 

POLICE CAR AND DETECTIVE VEHICLE PURCHASE

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, bids for light duty vehicles are solicited by the State of Michigan, and the City of Midland is authorized to make purchases from this program; and

WHEREAS, sufficient funding for the purchase of a police patrol car and a detective vehicle is included in the FY 2012-13 Equipment Revolving Fund budget for Capital Outlay, Vehicles and the 2012-13 Police Department Fund budget for Capital Outlay, Vehicles; now therefore

RESOLVED, that the Purchasing Agent is authorized to issue a purchase order to the State of Michigan’s selected vendor, Snethkamp Dodge of Lansing, Michigan, in the amount of $43,817.42 for the purchase of one Dodge Charger police patrol car and one Dodge Journey detective vehicle in accordance with the State of Michigan Extended Purchasing Program proposal and specifications.  (Motion ADOPTED.)

 

PO INCREASE FOR REFUSE ENCLOSURE CONSTRUCTION - DOWNTOWN

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, sealed bids for construction of two refuse enclosures in the downtown district, Bid No. 3455, have been advertised and received in accord with Section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low bid was accepted from JBS Construction of Mt. Pleasant and a purchase order was issued in the amount of $34,642.00; and

WHEREAS, a $300.00 clerical error on the original purchase order was identified and cold-weather construction methods in the amount of $2,400.00 were incurred during construction; and        

WHEREAS, funding has been budgeted for this purpose in the 2012/13 DDA account # 297.6090.97.020; now therefore

RESOLVED, that an increase in the purchase order to JBS Construction of Mt. Pleasant is hereby authorized in the amount of $2,700.00 to correct a clerical error and provide for cold-weather construction methods bringing the total amount of the purchase order to $37,342.00.  (Motion ADOPTED.)

 

AMENDMENT TO BARSTOW AIRPORT DESIGN SERVICES AGREEMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, a design services agreement amendment has been submitted to the City of Midland by Mead & Hunt, Inc. for increased scope of work related to the design of pavement reconstruction for the terminal building apron pavement at Jack Barstow Municipal Airport; and

WHEREAS, the City of Midland supports having said design services rendered at an estimated City cost share of $512; now therefore

RESOLVED, that the City Council hereby approves the proposed design services agreement amendment with Mead & Hunt, Inc. of Lansing, Michigan, and authorizes the Mayor and City Clerk to execute the agreement on behalf of the City of Midland once the City Attorney has approved the contract as to final form; and

RESOLVED FURTHER, the City of Midland approval is based on funding through a state and federal grant whereas the City cost share for all phases of this project is 5% in accordance with Federal, State, and local cost sharing formulas.  (Motion ADOPTED.)

 

WWTP – PHASE IV SLUICE GATE REPLACEMENT

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, in September 2008, Stantec Consulting of Michigan completed a report entitled “Wastewater Treatment Plant – Concrete Repairs” for the City of Midland to identify and review the concrete and masonry deterioration at various structures throughout the City’s Wastewater Treatment Plant (WWTP); and

WHEREAS, based on the findings in the report, staff prioritized the repairs in conjunction with the estimates for construction cost, and Phases I through III have already been completed; and

WHEREAS, in July 2012, Council authorized Stantec to provide Phase IV detailed design, bidding assistance, and construction phase engineering services for the replacement of sluice gates and repairs to miscellaneous structures at the WWTP site; and

WHEREAS, the main focus of Phase IV improvements at the WWTP are the 11 1960’s and 1970’s vintage cast iron sluice gates (or isolation valves) used to isolate various areas of the plant by diverting flows, primarily for maintenance activities; and

WHEREAS, Phase IV improvements also include the removal and replacement of the lintel on the filter garage, which is severely deteriorated, causing brick and mortar failure; and

WHEREAS, on January 15, 2013, bids were opened for Wastewater Treatment Plant Improvements Phase IV Sluice Gate Replacement, Bid No. 3481, in accord with Sec. 2-18 of the Code of Ordinances for the City of Midland; and 

WHEREAS, the low bid submitted by Grand River Construction of Hudsonville in the amount of $195,900.00 has been reviewed by Stantec and Wastewater staff, and is deemed acceptable; and

WHEREAS, funds have been budgeted in Wastewater Fund Project WW1101 - WWTP Improvements for this purpose; now therefore

RESOLVED, that the City of Midland authorizes the Mayor and City Clerk to execute a construction contract with Grand River Construction of Hudsonville, in the amount of $195,900.00, for Phase IV improvements at the Wastewater Treatment Plant, as part of the proposed wastewater system improvements, subject to document approval by the City Attorney; and

RESOLVED FURTHER, that the City Manager is authorized to approve change orders in an aggregate amount not to exceed $15,000.00.  (Motion ADOPTED.)

 

TRENCHLESS SEWER REPAIRS

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, staff actively inspects sanitary and storm sewers throughout the City to identify needed sewer pipe repairs and replacements, and when a repair or replacement is necessary, it is classified as either an emergency (fix immediately) or as maintenance (schedule and coordinate with other maintenance); and 

WHEREAS, staff have identified and prioritized stretches of sanitary sewer pipe that are faulty and are prime candidates for lining; and

WHEREAS, on January 29, 2013, sealed bids for Trenchless Sewer Repairs, Bid No. 3490, were advertised and received in accord with section 2-18 of the Midland Code of Ordinances; and

WHEREAS, the low total bid for the specified sizes and lengths of pipe was submitted by Inland Waters Pollution Control, Inc. of Detroit in the amount of $525,928.00, but surpasses available funding for sewer lining in the current budget; and

WHEREAS, with the removal of the Revere St. stretch of pipe, the adjusted low bid becomes $435,676.00 ($525,928.00 - $90,252.00) and is within the level of funding provided for that purpose in the 2012/13 Wastewater Fund, account #590.9120.97.050 – Sewer System; now therefore

RESOLVED, that a purchase order to Inland Waters Pollution Control, Inc. in the amount of $435,676.00 for the lining of sanitary sewers of varying diameters and lengths, is hereby authorized; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $20,000.00.  (Motion ADOPTED.)

 

CONTRACTUAL REPAIR SERVICES – WATER DISTRIBUTION

The following resolution was offered by Councilman Brown Wilhelm and seconded by Councilman Adams:

 

WHEREAS, annual bids for restoration repair unit prices are received each year for a 12-month period ending December 31 so as not to change vendors in the middle of a construction season; and

WHEREAS, on Tuesday, January 22, 2013, sealed proposals were received and opened for Bid No. 3489 for calendar year 2013 unit prices of Contractual Repair Services; and

WHEREAS, staff has reviewed the bid responses received and has determined that the unit cost bids submitted by Earthmovers of Midland, LLC are acceptable and will provide the lowest overall annual bid; and

WHEREAS, funding is provided in the 2012/13 Water Fund account #591.8285.93.036 – Repairs & Maintenance; now therefore

RESOLVED, that unit cost bids provided by Earthmovers of Midland, LLC are hereby accepted and a purchase order is authorized in the amount of $124,500.00 for the six-month period of January 1, 2013 to June 30, 2013; and

RESOLVED FURTHER, that the City Manager is authorized to approve changes to the purchase order in an aggregate amount not to exceed $10,000.00.  (Motion ADOPTED.)

 

BAY COUNTY ROAD COMMISSION RAW WATER SERVICE AGREEMENT

Utilities Director Noel Bush introduced Saginaw-Midland Municipal Water Supply Corporation Director Mike Quinnell who presented the Wholesale Raw Water Service Agreement between the Saginaw-Midland Municipal Water Supply Corporation and the Bay County Road Commission.  The following resolution was then offered by Councilman Brooks and seconded by Councilman Brown Wilhelm:

 

WHEREAS, the Saginaw-Midland Municipal Water Supply Corporation (Corporation) was formed and began operations in 1948 and operates as a non-profit entity pursuant to Act No. 233 of Michigan Public Acts of 1955, as amended, to be a supplier of bulk Lake Huron water to its owners, the City of Saginaw and the City of Midland, as well as to other communities along the pipeline route; and

WHEREAS, the Bay County Road Commission (BCRC) desires to obtain a supply of raw-unfiltered water to serve areas in Bay County, including Bay City; and

WHEREAS, supplying water on a wholesale basis requires that the BCRC own, operate, and maintain a filtered water treatment system, in accordance with the rules of the Michigan Department of Environmental Quality and the provisions of the Safe Drinking Water Act (Act 399 PA 1976 and as amended), consisting of water treatment facilities, water storage facilities, and supplements thereto, as required to supply potable water needs of its residents and its customers; and

WHEREAS, in accordance with the operating agreement between the City of Midland and the Corporation, the City must approve all wholesale water contracts; now therefore

RESOLVED, that the Mayor and City Clerk are hereby authorized to execute the wholesale raw water service agreement between the Saginaw-Midland Municipal Water Supply Corporation and the Bay County Road Commission, upon document approval by the City Attorney.  (Motion ADOPTED.)

 

Being no further business the meeting adjourned at 7:30 p.m.

 

 

______________________________________

            Selina Tisdale, City Clerk