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.
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Councilmen present: |
Thomas Adams, J. Dee Brooks, Diane Brown Wilhelm,
Maureen Donker, Marty Wazbinski |
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Councilmen absent: |
None |
Approval of the minutes of the January 21, 2013 regular meeting was
offered by Councilman Brown Wilhelm and seconded by Councilman Adams. (Motion ADOPTED.)
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.
No public comments were made.
Item withdrawn by applicant.
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.)
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.)
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.)
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.)
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.)
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.)
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.
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Am-Dyn-Ic Fluid Power of Chesterfield, MI |
Kann Mfg of Guttenberg, IA |
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Lubrication Specialists (Amsoil) of Washington,
MI |
Lacal Equipment of Jackson Center, OH |
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Bader & Sons of St. Louis, MI |
Lubrication Engineers of Ft. Worth, TX |
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Bell Equipment of Lake Orion, MI |
McDonald Ford of Freeland, MI |
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Circle Auto Parts of Midland, MI |
Midland Auto Supply (NAPA) of Midland, MI |
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Draves Auto Center of Midland, MI |
ROK Brothers of Millersville, MD |
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General Parts Co. (CarQuest) of Midland, MI |
Shults Equipment of Ithaca, MI |
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Jack Doheny Supply of Northville, MI |
WW Williams of Saginaw, MI |
(Motion ADOPTED.)
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.)
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.)
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.)
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.)
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
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.)
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.
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Selina Tisdale, City