HomeMy WebLinkAbout07192018 Agenda Review SessionAGENDA REVIEW SESSION JULY 19, 2018 221
The Agenda Review Session of the Board of Public Works was convened at 10:35 a.m. on July
19, 2018, by Board President Gary A. Gilot, with Board Members Suzanna Fritzberg, and
Therese Dorau present. Board Members Elizabeth Maradik and James Mueller were absent. Also
present was Attorney Aladean DeRose. Board of Public Works Clerk, Linda M. Martin,
presented the Board with a proposed agenda of items presented by the public and by City Staff.
PUBLIC HEARING — LEASE OF OFFICE SPACE AT 319 NILES AVENUE
Mr. Gilot advised that this was the date set for the Board's Public Hearing concerning a lease of
office space at 319 Niles Avenue for the City's Human Rights Commission from MedPro
Properties, LLC. Mr. Gilot stated he would open the public hearing and asked if anybody present
wished to speak in favor of the lease. Attorney Aladean DeRose stated this is the current office
of the Human Rights Commission pursuant to a lease entered into in 2012, and approved by the
Board of Works and the Common Council. She stated this is a continuation of that lease, and
there are two (2) issues the Board should take into consideration; necessity and rate. Attorney
DeRose stated Human Rights has now expanded to county -wide coverage, not just city-wide.
This office space has a fully ADA and van accessible parking lot. She noted this was originally
city space that was reconfigured and designed specific to Human Right's needs. Attorney
DeRose stated they looked at comparables and determined $6.65/square foot is the comparable
rate; this one is $7/square foot. She noted the rate will increase gradually, but will still remain
low. Attorney DeRose stated the common space lease is consistent with other's utilities,
insurance, cleaning, accounting services, etc. She concluded that this is a fair and reasonable rent
and if the Board approves the lease, the Common Council will approve it on Monday. She added
there is six (6) month termination language after 2019 included, addressing questions about the
length of the lease. She noted the Controller was not comfortable locking in for five (5) years in
the case that needs should change. Ms. Fritzberg asked if this space or the need for space is
defined by a need for a larger area. Ms. DeRose stated it is not, but this space is flexible and has
the ability to accommodate. Ms. Fritzberg asked if the County will contribute to the lease costs.
Ms. DeRose stated they currently are not, but the City will look at the County contributing for
the services provided. Ms. Dorau asked if there are any plowing or sidewalk clearing services
provided by the City. Ms. DeRose stated there are not. Mr. Gilot stated the original intent was to
keep these offices separate from the County City Building in the instance when someone wants
to file a discrimination suit against a City office. Mr. Gilot summarized, the Board heard it's a
reasonable rate, and the best option for the Human Rights Offices at this time. He asked if there
was anybody else present wishing to speak for or against the proposed lease. There being no one
else present wishing to address the Board concerning this matter, the Public Hearing was closed.
ADOPT RESOLUTION NO. 37-2018 — A RESOLUTION OF THE BOARD OF PUBLIC
WORKS FOR THE CITY OF SOUTH BEND INDIANA REAFFIRMING AND
RECOMMENDING APPROVAL OF THE LEASE OF BUILDING LOCATED AT 319 NILES
AVENUE SOUTH BEND INDIANA FOR USE BY THE SOUTH BEND HUMAN RIGHTS
COMMISSION
Upon a motion made by Ms. Dorau, seconded by Ms. Fritzberg and carried, the following
Resolution was adopted by the Board of Public Works:
RESOLUTION NO.37-2018
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH
BEND, INDIANA, REAFFIRMING AND RECOMMENDING APPROVAL OF THE
LEASE OF BUILDING LOCATED AT 319 NILES AVENUE, SOUTH BEND, INDIANA
FOR USE BY THE SOUTH BEND HUMAN RIGHTS COMMISSION
WHEREAS, the Common Council of the City of South Bend, Indiana, by Resolution
No.4193-12 on July 9, 2012 after taxpayer petition, public hearing and approval by the Board of
Public Works, previously determined that it was necessary for the City of South Bend to enter
into a real estate lease for property located at 319 Niles Avenue, South Bend, Indiana ("the
Property"), as office space used by the South Bend Human Rights Commission ("the HRC");
and
WHEREAS, the City entered into a five-year lease with then -owner 319 Niles, LLC, and
the HRC space of the leased premises was redesigned and reconfigured to the specific needs of
the HRC; and
AGENDA REVIEW SESSION JULY 19, 2018 222
WHEREAS, the original five (5) year lease term has expired, and the City on behalf of
the HRC desires to enter a similar lease for another five year term with owner and landlord
MedPro Properties, LLC a copy of which proposed lease is attached hereto as Exhibit 1; and
WHEREAS, notice of a public hearing of the City's desire to commence a similar lease
with the current owner of the Property was issued by publication in the South Bend Tribune as
prescribed by law under Ind. Code 36-1-10-13, and public hearing was conducted by the Board
of Public Works of the City of South Bend, Indiana ("the Board") pursuant to that notice on July
19, 2018, and no person appeared at that hearing to object to the proposed lease; and
WHEREAS, since the Common Council initially determined the need for this leased
property in 2012, there has been no change in the circumstances of the HRC's need for this fully
accessible space which is convenient to the HRC and its many service applicants which space is
not available in any currently City owned real estate; and
WHEREAS, the Board held a public hearing pursuant to Ind. Code § 36-1-10-13 with
respect to the appropriateness of the proposed lease renewal at its July 19, 2018, meeting; and
WHEREAS, the Board has found that this proposed lease of the same space occupied by
the HRC remains necessary for the HRC; that no similarly appropriate City -owned property
exists at this time or within the near future; and that the lease rate is fair and reasonable.
NOW, THEREFORE, BE IT RESOLVED by the Board of Public Works of the City
of South Bend, Indiana, as follows:
Section I. The improved building located at 319 Niles Avenue currently used as the
administrative office of the South Bend Human Rights Commission remains needed for that
purpose, and it is appropriate to continue the City's tenancy at the Property.
Section II. The rental rate of the Property under the proposed lease (Exhibit 1) is fair and
reasonable.
Section III. The City of South Bend is authorized to enter the lease of the Property as
substantially set out in Exhibit 1 after review by the South Bend Common Council, and either
Lonnie Douglas, Human Rights Commission Director, or Christina Brooks, Diversity and
Inclusion Officer is authorized to execute Exhibit 1 on behalf of the City. However, pursuant to
Ind. Code 36-1-10-13(d), the Board may modify, confirm, or rescind such lease except that it
may not increase the rental rate as set out in the published notice.
Section IV. This Resolution shall be in full force and effect from and after its adoption
by the Board.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
s/ Gary A. Gilot
s/ Therese J. Dorau
s/ Suzanna M. Fritzberg
ATTEST:
s/Linda M. Martin, Clerk
Board members discussed the following item(s) from the agenda.
- Unified Lease Agreement — Canon Solutions America, Inc.
Mr. Shawn Delahanty, IT, stated there are four (4) pieces to this lease for printer fleet
replacement. He explained there is the lease of all new machines, and the Managed Print Service
that covers all parts, labor, and supplies excluding paper. The UniFlow service will offer options
such as allowing printing anywhere in the city. Mr. Dan O'Connor added you can put a code in
at the printer to print, explaining this will decrease the number of wasted print jobs that are sent
to the printer and never picked up. Mr. Gilot questioned the operating amount on the agenda. Mr.
O'Connor stated the $42,000 is an estimate based on previous historical use. He noted the lease
is for sixty (60) months. Ms. Fritzberg asked if you have options to track individual print
amounts. Mr. Delahanty stated there are those options as well as others that can help reduce costs
such as limiting color printing.
AGENDA REVIEW SESSION JULY 19, 2018 223
- Quotation — ADSi
Mr. O'Connor stated this agreement is for a police records management system. He noted at the
first of the year the Police Department switched over to the National Incident Based Reporting
System (NIBRS) for crime reporting and have encountered some challenges with the system.
When contacted for assistance, Application System Data suggested creating tables to help
address some of those reporting challenges. He noted this is not an amendment to a previous
agreement, but legal has created a short one (1) page agreement to address the terms.
- Commercial Entity Agreement — Square, Inc.
Mr. O'Connor stated this agreement is for the East Race and other places, where needed, for
point of sales for City iPads. He noted there is no cost associated.
- Memorandum of Understanding — Teamsters Local Union No. 364
Mr. Matt Chlebowski, Central Services, informed the Board they are having a difficult time
filling mechanic positions at the garage, especially in afternoon and third shifts. He stated this
MOU is a request to give a raise to all Mechanics 3, 4, and 5 to help hire and retain. He noted
they have met with the union stewards and they agreed to the request and signed the MOU. Mr.
Gilot asked if the Controller has reviewed it and is good with it. Mr. Chlebowski stated she has.
Ms. Dorau asked if this MOU lasts the length of contract. Mr. Chlebowski stated it does.
- Resolution No. 36-2018 — Annexation in German Township
Mr. Michael Divita, Community Investment, stated this annexation is for the South Bend
Chocolate property at Lincolnway West and Olive St. He noted it includes 13.2 acres of the
property that is not in the city. Mr. Divita stated there are no public works additional costs, the
City has already committed to doing sewers, and the water is in place.
- Special Purchase — Midwest Meter
Mr. Ed Herman, Water Works, stated this request is for radio receivers and hardware to read and
program water meters in the field. He explained they need units for each meter man after
switching to new meters this year. Ms. Dorau asked how many this covers. Mr. Herman stated
this will cover eight (8) plus three (3) tablets.
- Opening of Quotations — Lamppost Lighting Program
Mr. Gilot asked if these lights will be solar, adding he had heard the City would be switching to
solar. Mr. Roger Nawrot, Engineering, stated these are solar. He noted the substantial savings in
the cost of the lampposts due to the switch. Mr. Gilot added there is no need for a licensed
electrician for installation also.
- Terminate Contract and Award Quotation — 2018 Tree and Stump Removal
Mr. Nawrot explained the contractor awarded this project is from Niles, Michigan and didn't
want to post the bond to work in the City's right-of-way. He noted they requested to terminate
their contract because they realized their bid was not going to cover their expenses. He stated the
second low quote from Kachur Tree Service is only about $3,000 more.
- Professional Services Agreement — Lawson -Fisher Associates P.C.
Mr. Nawrot stated this agreement is for help with purchasing nineteen (19) lots for right-of-way
for the Ironwood Dr./Rockne Dr. intersection improvements project.
- Professional Services Agreement — Lawson -Fisher Associates
Mr. Nawrot explained this design service is to repair the East Bank Trail slope that was damaged
during recent flooding. He noted insurance or FEMA should fund the work.
No other business came before the Board. Upon a motion by Ms. Fritzberg, seconded by Ms.
Dorau and carried, the meeting adjourned at 11:29 a.m.
BOARD OF PUBLIC WORKS
Gary A. Gil t, President
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Eliza A. Maradik, Member
Therese J. Dorau, Member
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AGENDA REVIEW SESSION
JULY 19, 2018 224
ATTEST:
i da M. Martin, Clerk
James A. Mueller, Member
REGULAR MEETING JULY 24, 2018
The Regular Meeting of the Board of Public Works was convened at 9:35 a.m. on Tuesday, July
24, 2018, by Board President Gary A. Gilot, with Board Members Suzanna Fritzberg and
Elizabeth Maradik present. Board Members Therese Dorau and James Mueller were absent. Also
present was Board Attorney Clara McDaniels.
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Ms. Maradik, seconded by Ms. Fritzberg and carried, the Minutes of the
Agenda Review Session, Regular Meeting and Claims Meeting of the Board held on July 5, July
10, and July 17, 2018, were approved.
REJECT BIDS — ERSKINE CLUBHOUSE RENOVATION — PROJECT NO 116 108 (SSDA
TIF)
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. Mr. Kyle Silveus, Engineering, requested bids be rejected, noting the bid
opening has been delayed until August by addendum. Upon a motion by Ms. Maradik, seconded
by Ms. Fritzberg and carried, the Board rejected bids.
OPENING OF BIDS — NORTH STATION WELL NO. 1 REPLACEMENT — PROJECT NO.
117-031 (WATER WORKS ENGINEERING)
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. The following bids were opened and publicly read:
R. YODER CONSTRUCTION
27453 CR 150
Nappanee, IN 46550
Bid was signed by: Kevin Yoder
Non -Collusion, Non -Discrimination Affidavit Form was completed
Five percent (5%) Bid Bond was submitted
BID: $519,600.00
Upon a motion made by Ms. Maradik, seconded by Ms. Fritzberg and carried, the above bid was
referred to Engineering for review and recommendation.
OPENING OF BIDS — MIAMI BASIN DRAINAGE IMPROVEMENTS — PROJECT NO. 116-
082C (SSDA TIF)
This was the date set for receiving and opening of sealed bids for the above referenced project.
The Clerk tendered proof of publication of Notice in the South Bend Tribune, which was found
to be sufficient. The following bids were opened and publicly read:
HRP CONSTRUCTION INC.
5777 Cleveland Road, PO Box 266
South Bend, IN 46624
Bid was signed by: Matthew Cain
Non -Collusion, Non -Discrimination Affidavit Form was completed
Five percent (5%) Bid Bond was submitted
BID: $493,000.00