HomeMy WebLinkAbout12102024 Board of Public Works MeetingAGENDA REVIEW SESSION DECEMBER 10, 2024 253
The Agenda Review Session of the Board of Public Works was convened at 10:33 a.m. on
December 10, 2024, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, and
Board Members Gary Gilot, Murray Miller, Breana Micou, and Board Attorney Michael Schmidt
present. The Acting Board of Public Works Clerk, Hillary Horvath, presented the Board with a
proposed agenda of items presented by the public and by City Staff.
Board members discussed the following item(s) from the agenda.
RESOLUTIONS
Principle Development Planner for DCI, Skip Morrell, was present to address item 8. A: A
Resolution of the City of South Bend, Indiana Board of Public Works Adopting a Written Fiscal Plan
and Establishing a Policy for the Provision of Services to an Annexation Area in Centre Township
(Lafayette Falls Extension Annexation Area). Mr. Morrell informed the Board that this was a voluntary
annexation proportion of two (2) parcels just south of Lafayette Falls Phase 1 (1), west of US 31 South
that is approximately forty-four (44) acres of residentially zoned, vacant land. He noted the intent to
divide that land into 111 parcels for single dwelling homes and added there are no public works capital
expenditures by the City available off of Griese Lane and water is also available off of Stewart Drive
in Griese Lane. He Noted the annexation would include a portion of US 31 S, but continued to be
maintained by INDOT and the developer is proposing to construct and pay for about a mile of public
roads that will be maintained by the City in the future.
Mr. Gilot asked if there was a sewage lift station that was part of the capital and also asked who the
developer was. Mr. Morrell answered yes. He added that part of the plan before any development is
made will be for them to provide a master utility plan and a full drainage plan. Mr. Morrell also
answered that the development is under a LLC named Lafayette Falls, LLC and stated he believed they
were working with Allen Edwin Homes.
OPENING OF QUOTATIONS
Mr. Miller asked about item 3. B.: WWTP Server Room Fire Suppression System. He asked if this
had MWBE goals to meet. Board members chimed in that it was a very specialized job and a small
quote. Mr. Miller stated he agreed about the specialization and figured the small quote size would
prevent it from being divisible. He stated he wanted to avoid the Board opening quotes and then having
to reject the quotations only to turn around and requote without MWBE goals. A recent quotation
where the Board had to reject and requote without goals was compared to this agenda item.
Mr. Gilot asked why the WWTP still had an internal server room that requires special protection when
it could be taken over by a third party who has the right environment for that kind of set up. Assistant
City Engineer Jacob Klosinski was not available to answer the question, but Director Horvath said he
could have him get in touch with Mr. Gilot.
CHANGE ORDERS AND PROJECT COMPLETION AFFIDAVITS
Attorney Schmidt had information regarding item 6.A.: Snow Route Sign Installation. He stated that
they will be closing this project out. There were no goals due to the dollar amount. He noted Demlon,
LLC was a minority-owned contractor and has been working aggressively with the Department of
Community Investment and the Office of Diversity & Inclusion to quote out the project. Attorney
Schmidt noted they had all minority or women-owned responders to the project which was a great
success.
Attorney Schmidt had information regarding item 7.A.: 2024 Contracted Microsurfacing. He stated
that it did not have goals due to the specialized nature of the project.
Attorney Schmidt had information regarding item 7.B.: Drewry’s Brewery Cleanup Phase I. He
stated that city departments were still investigating if the goals were met. He clarified they appear to
be a little shy of meeting the goals, but it is more complicated than that as there are layers to the work
being done. He emphasized this item could be tabled for Tuesday if they need more time to investigate.
AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
Attorney Schmidt had information regarding item 9.D.: Professional Services Agreement with
HydroDigital, LLC to Operate and Maintain Sensors and Telemetry for the SmartSewer System. He
stated that he had hope to still get this on the agenda for Tuesday’s regular meeting. He informed the
Board it was work related to the CSO project where they are switching providers from Xylem to
HydroDigital, LLC. He noted there were a few legal kinks they were trying to work out before pushing
this agreement through for the Board’s approval.
REGULAR MEETING DECEMBER 10, 2024 254
PRIVILEGE OF THE FLOOR
Project Engineer Patrick Sherman wanted to give a heads up to the Board that recently they had
the bid opening for Four Winds Field Phase III. He stated he is planning to bring a GMP to the last
meeting of the year. He stated the MWBE goals were looking good for where they are at in the
project.
Mr. Gilot asked if the project was on schedule and within the budget. Mr. Sherman replied for such
a large project, yes, they were very close thanks to rescoping some items like the HVAC.
Mr. Gilot asked if they were still evaluating the procurement method and asked if it appears to
have given more flexibility to fit the budget and schedule. Director Horvath chimed in and agreed
the procurement method allowed for that, but the project didn’t come without difficulties that
required adjustments.
Board Attorney Michael Schmidt informed the Board an item could be added to the agenda for
Tuesday regarding a reapproval of a use agreement between the City and Swing Batter Swing,
LLC. In the Spring of 2024, there were a variety of agreements that were updated for the Public
Works Board, VPA Board, and the Redevelopment Board as we transfer the asset and the
management responsibilities of the asset over through the financing deal. The Use Agreement that
would be coming to the Board would extend the use for up to twenty (20) years with the South
Bend Cubs and the MLB. The Major League tweaked it, but not in a way that impacts the City’s
responsibilities, or the dollars related to it.
Lastly, attorney Schmidt emphasized the City and the South Bend Cubs have worked well together
and formed a strong working relationship that they hope to see get stronger through the years to
benefit both the league and the City.
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:51 a.m.
BOARD OF PUBLIC WORKS
_________________________________
Elizabeth A. Maradik, President
_________________________________
Joseph R. Molnar, Vice President
_________________________________
Gary A. Gilot, Member
_________________________________
Murray L. Miller, Member
_________________________________
Breana N. Micou, Member
ATTEST:
_________________________________
Theresa Heffner, Clerk
REGULAR MEETING DECEMBER 10, 2024
The Regular Meeting of the Board of Public Works was convened at 9:30 a.m. on Tuesday,
December 10, 2024, by Board President Elizabeth A. Maradik in the 13th Floor Conference Room
of the County-City Building, 227 W. Jefferson Blvd., South Bend, Indiana. The meeting was also
streamed live to the public via Microsoft Teams. Board Clerk Theresa Heffner confirmed the
presence of Board President Elizabeth A. Maradik, Vice President Joseph Molnar (Joined at 9:37
a.m.), and Board Members Gary Gilot, Murray Miller, Breana Micou, and Board Attorney Michael
Schmidt, with a roll call. President Maradik reminded virtual attendees to mute their microphones
and turn off their cameras when not speaking, and to save their questions and comments for the
Privilege of the Floor.
December 17, 2024
REGULAR MEETING DECEMBER 10, 2024 255
APPROVE MINUTES OF PREVIOUS MEETING
Upon a motion made by Mr. Miller, seconded by Ms. Micou and carried by roll call, the minutes
for the Agenda Review Session and Regular Meetings of the Board held on November 21, and
November 26, 2024, were approved. VP Molnar was absent for the vote.
OPENING OF BIDS – BYER’S SOFTBALL COMPLEX RENOVATIONS – PROJECT NO.
123-071 (PR-00036709)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following bids were opened and publicly read:
PREMIUM CONCRETE SERVICES, INC.
712 Richmond St.
Elkhart, IN 46516
max@premiumservices.group
Bid was submitted by Mr. Max Yeakey
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
Two (2) of Two (2) Addendum Acknowledgements received.
BID:
Base Bid Total $2,902,396
Alternate 1 $151,343
Alternate 2 $56,338
Alternate 3 $85,000
Alternate 4 $44,195
Alternate 5 $136,820
Alternate 6 $223,790
Alternate 7 $22,000
R. YODER CONSTRUCTION INC.
27453 County Road 150
Nappanee, IN 46550
shelly@ryoderconstruction.com
Bid was signed by Mr. Jason Yoder
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
Two (2) of Two (2) Addendum Acknowledgements received.
BID:
Base Bid Total $2,449,470
Alternate 1 $117,863
Alternate 2 $59,421
Alternate 3 $40,000
Alternate 4 $38,810
Alternate 5 $98,000
Alternate 6 $375,675
Alternate 7 $19,580
HRP CONSTRUCTION CO.
5777 Cleveland Road., P.O. Box 266
South Bend, IN 46624
jeredb@hrpconstruction.com; cindyv@hrpconstruction.com
Bid was signed by Mr. Matthew D. Cain
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
Two (2) of Two (2) Addendum Acknowledgements received.
REGULAR MEETING DECEMBER 10, 2024 256
BID:
Base Bid Total $3,320,059.66
Alternate 1 $105,200
Alternate 2 $60,800.30
Alternate 3 $66,500
Alternate 4 $37,815
Alternate 5 $132,750
Alternate 6 $289,010
Alternate 7 $163,000
Upon a motion made by Mr. Miller, seconded by Ms. Micou and carried by roll call, the above
bids were referred to Public Works and VPA for review and recommendation. VP Molnar was
absent for the vote.
OPENING OF BIDS – 2024 NEIGHBORHOOD SERVICES & ENFORCEMENT
DEMOLITIONS – PROJECT NO. 124-051 (PR-00037170)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following Bids were opened and publicly read:
INDIANA EARTH, INC.
10343 McKinley Hwy.
Osceola, IN 46561
estimatorindianaearth@yahoo.com
Bid was signed by Mr. Mark Osler
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum Acknowledgements received.
BASE BID TOTAL: $550,295
RITSCHARD BROS., INC.
1204 W. Sample St.
South Bend, IN 46619
rit1204@datacruz.com
Bid was signed by Mr. Donald Ritschard, Jr.
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
BASE BID TOTAL: $696,719
GREEN DEMOLITION CONTRACTORS, INC.
315 Brighton St., Suite 1
LaPorte, IN 46350
carla@greendemolitioninc.com
Bid was signed by Mr. Michael Brough
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
BASE BID TOTAL: $568,300
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works and Neighborhood Services for review and recommendation.
OPENING OF BIDS – MOMENTUM SITE IMPROVEMENTS – PROJECT NO. 124-018 (PR-
00036154)
REGULAR MEETING DECEMBER 10, 2024 257
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following Bids were opened and publicly read:
LARSON DANIELSON CONSTRUCTION CO., INC.
302 Tyler St.
LaPorte, IN 46350
mcd@ldconstruction.com
Bid was signed by Mr. Brian T. Larson
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
BID:
Base Bid Total $486,424.94
Alternate Total $117,064.44
PREMIUM CONCRETE SERVICES, INC.
712 Richmond St.
Elkhart, IN 46516
max@premiumservices.group
Quotation was submitted by Mr. Max Yeakey
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
BID:
Base Bid Total $459,873
Alternate Total $138,890
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works and Community Investment for review and recommendation.
OPENING OF BIDS – BEACON HEALTH NEW PARKING – PROJECT NO. 123-076A (PR-
00037200)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following Bids were opened and publicly read:
INDIANA EARTH, INC.
10343 McKinley Hwy.
Osceola, IN 46561
estimatorindianaearth@yahoo.com
Bid was signed by Mr. Mark Osler
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum Acknowledgements received.
BID: $2,367,090
GIBSON-LEWIS, LLC
1001 West 11th St.
Mishawaka, IN 46544
GHicks@gl.nceusa.com
Bid was signed by Mr. Nick Gurbick
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum Acknowledgements received.
BID: $2,633,500
REGULAR MEETING DECEMBER 10, 2024 258
RIETH-RILEY CONSTRUCTION CO., INC.
25200 State Road 23
South Bend, IN 46614
jkwilasz@rieth-riley.com;
Bid was signed by Mr. Jacob Kwilasz
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were completed.
One (1) of One (1) Addendum Acknowledgements received.
BID: $2,748,341.61
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works for review and recommendation.
OPENING OF BIDS – DEPARTMENT OF PUBLIC WORKS SERVICE CENTER RE-
ROOFING – PROJECT NO. R124-032B (PR-00033345)
This was the date set for receiving and opening sealed bids for the above referenced project. The
Clerk tendered proof of publication of the Notice in the South Bend Tribune, which was found to
be sufficient. The following Bids were opened and publicly read:
SLATILE ROOFING AND SHEET METAL CO., INC.
1703 S. Ironwood Drive
South Bend, IN 46613
Ken.hoy@slatile.com
Bid was signed by Mr. Gerald Langerot
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were submitted.
One (1) of One (1) Addendum Acknowledgements received.
BID:
Base Bid $898,812
Base Bid No Bid
HOEKSTRA ROOFING COMPANY
1963 Olmstead Road
Kalamazoo, MI 49048
jeff@hoekstraroofing.com
Bid was signed by Mr. Tom Lundquist
Non-Collusion, Non-Discrimination Affidavit Form was completed.
Five percent (5%) Bid Bond was submitted.
Three (3) Forms MWBE-1.0, 2.0, 2.1 were submitted.
One (1) of One (1) Addendum Acknowledgements received.
BID:
Base Bid A $620,200
Base Bid B No Bid
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
bids were referred to Public Works for review and recommendation.
OPENING OF QUOTATIONS – 2024 ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)
INSTALLATION – PROJECT NO. 124-052 (PR-00036757)
President Maradik advised that this was the date set for the receiving and opening of sealed
quotations for the above referenced project. The following quotations were opened and read:
MICHIANA CONTRACTING
7843 Lilac Road
PO Box 929
Plymouth, IN 46563
REGULAR MEETING DECEMBER 10, 2024 259
skirkpatrick@michianacontracting.com
Bid was signed by Mr. Scott Kirkpatrick
Non-Collusion, Non-Discrimination Affidavit Form was completed.
BID:
Base Quote $104,395
BARNES CONCEPTS, LLC.
2214 Teakwood Circle Unit D
Highland, IN 46322
antuanbarnes@hotmail.com
Bid was signed by Mr. Antuan Barnes
Non-Collusion, Non-Discrimination Affidavit Form was NOT completed.
QUOTATION:
Base Quote $49,325
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
quotations were referred to Public Works and Community Investment for review and
recommendation.
OPENING OF QUOTATIONS – WWTP SERVER ROOM FIRE SUPPRESSIONS SYSTEM –
PROJECT NO. 124-038 (PR-00035314)
President Maradik advised that this was the date set for the receiving and opening of sealed
quotations for the above referenced project. The following quotations were opened and read:
NO QUOTATIONS RECEIVED
OPENING OF PROPOSALS – OLIVE WTP SOLAR GUARANTEED ENERGY SAVINGS
CONTRACT (GESC) – PROJECT NO. 124-050
Gemma Staton, Engineering, advised that this was the date set for the receiving and opening of
sealed proposals for the above referenced project. President Maradik stated the Proposals will be
reviewed and scored based on a matrix system, by a team made up of City representatives. Attorney
Schmidt read the names of the following companies submitting proposals:
SCHNEIDER ELECTRIC
6 Commercial Road
Huntington, IN 46750
VEREGY
6406 Castleway Ct. Suite #100
Indianapolis, IN 46250
AMERESCO INC.
111 Speen Street, Suite #410
Framingham, MA 01701
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the above
proposals were referred to the review team for review and recommendation.
APPROVE CHANGE ORDER NO. 1 (FINAL) – 2023 CURB & SIDEWALK PROEJCT
DIVISION A-E – PROJECT NO. 123-001 (PO-002574: PO-0025752: PO-0025807: PO-0025751:
PO-0026219)
President Maradik advised that Gemma Staton, Engineering, has submitted change order number
1(Final) on behalf of Premium Concrete Services, indicating the contract amount be decreased by
$16,443.43 for a new contract sum, including this change order, in the amount of $956,974.57.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change
order was approved.
APPROVE CHANGE ORDER NO. 2 – CLEVELAND RD. & AMERITECH INTERSECTION
IMPROVEMENTS – PROJECT NO. 122-049 (PO-0026602)
REGULAR MEETING DECEMBER 10, 2024 260
President Maradik advised that Scott Kreeger, Engineering, has submitted change order number 2
on behalf of Milestone Contractors North, Inc., indicating the contract amount be increased by
$31,488.59 for a new contract sum, including this change order, in the amount of $1,463,270.49.
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the change
order was approved.
APPROVE CHANGE ORDER NO. 1 (FINAL) AND PROJECT COMPLETION AFFIDAVIT –
SNOW ROUTE SIGN INSTALLATION – PROJECT NO. 123-077 (PO-0032222 & PO-
0032223)
President Maradik advised that Kyle Ludlow, Engineering, has submitted change order number 1
(final) on behalf of Demlon LLC, indicating the contract amount be decreased by $1,350 for a new
contract sum, including this change order, of $43,650. Also submitted was the project completion
affidavit indicating this new final cost of $43,650. Upon a motion made by VP Molnar, seconded
by Mr. Miller and carried by roll call, change order number 1 (final) and the project completion
affidavit were approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – 2024 CONTRACTED
MICROSURFACING – PROJECT NO. 124-049 (PO-0032976)
President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion
affidavit on behalf of Asphalt Restoration Services, for the above referenced project, indicating a
final cost of $106,804.65. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried
by roll call, the project completion affidavit was approved.
APPROVE PROJECT COMPLETION AFFIDAVIT – DREWRY’S BREWERY CLEANUP
PHASE I – PROJECT NO. 119-031C (PO-0030582)
President Maradik advised that Kyle Ludlow, Engineering, has submitted the project completion
affidavit on behalf of Indiana Earth, Inc., for the above referenced project, indicating a final cost
of $447,827.83. Attorney Schmidt advised the board that there was an approved utilization plan
that reduced the scope of the project and even though the original goals were not met, the utilization
plan was approved. Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by
roll call, the project completion affidavit was approved.
ADOPT RESOLUTION NO. 28-2024 – A RESOLUTION OF THE CITY OF SOUTH BEND,
INDIANA BOARD OF PUBLIC WORKS ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR PROVISION OF SERVICES TO AN ANEXATION AREA
IN CENTRE TOWNHIP (LAFAYETTE FALLS LAFAYETTE FALLS EXTENSION
ANNEXATION AREA)
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the following
resolution was adopted by the Board of Public Works:
RESOLUTION NO. 28-2024
A RESOLUTION OF THE BOARD OF PUBLIC WORKS OF THE CITY OF
SOUTH BEND, INDIANA ADOPTING A WRITTEN FISCAL PLAN AND
ESTABLISHING A POLICY FOR THE PROVISION OF SERVICES TO AN
ANNEXATION AREA IN CENTRE TOWNSHIP
(LAFAYETTE FALLS EXTENSION ANNEXATION AREA)
WHEREAS, there has been submitted to the Common Council of the City of South Bend,
Indiana, an Ordinance and a petition by all (100%) property owners which proposes the annexation
of real estate located in Centre Township, St. Joseph County, Indiana, which is more particularly
described at Page 13 of Exhibit “A” attached hereto; and
WHEREAS, the territory proposed to be annexed encompasses approximately 44.6 acres
of vacant land, which property is at least 12.5% contiguous to the current City limits, i.e., 59.2%
contiguous, generally located south of Lafayette Falls Phase I Annexation Area and west of S U.S.-
31 Highway. It is anticipated that the annexation area will be used primarily for single unit
dwellings; and
WHEREAS, the development will require a basic level of municipal public services of a
non-capital improvement nature, including street and road maintenance, street sweeping, flushing,
snow removal, and sewage collection, as well as services of a capital improvement nature,
REGULAR MEETING DECEMBER 10, 2024 261
including street and road construction, street lighting, a sanitary sewer system, a water distribution
system, and a storm water system and drainage plan; and
WHEREAS, the Board of Public Works now desires to establish and adopt a fiscal plan
and establish a definite policy showing: (1) the cost estimates of services of a non-capital nature,
including street and road maintenance, street sweeping, flushing, and snow removal, and sewage
collection, and other non-capital services normally provided within the corporate boundaries; and
services of a capital improvement nature including street and road construction, street lighting, a
sanitary sewer extension, a water distribution system, and a storm water system to be furnished to
the territory to be annexed; (2) the method(s) of financing those services; (3) the plan for the
organization and extension of those services; (4) that services of a non-capital nature will be
provided to the annexed area within one (1) year after the effective date of the annexation, and that
they will be provided in a manner equivalent in standard and scope to similar non-capital services
provided to areas within the corporate boundaries of the City of South Bend, regardless of similar
topography, patterns of land use, and population density; (5) that services of a capital improvement
nature will be provided to the annexed area within three (3) years after the effective date of the
annexation within the same manner as those services are provided to areas within the corporate
boundaries of the City of South Bend regardless of similar topography, patterns of land use, or
population density, and in a manner consistent with federal, state and local laws, procedures, and
planning criteria; and (6) the plan for hiring the employees of other governmental entities whose
jobs will be eliminated by the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF
THE CITY OF SOUTH BEND, INDIANA, AS FOLLOWS:
Section I. It is in the best interest of the City of South Bend and the area proposed to be
annexed that the real property described more particularly at Page 13 of Exhibit “A” attached
hereto be annexed to the City of South Bend.
Section II. That it shall be and hereby is now declared and established that it is the policy
of the City of South Bend, by and through its Board of Public Works, to furnish to said territory
services of a non-capital nature, such as street and road maintenance, street sweeping, flushing,
and snow removal, within one (1) year of the effective date of the annexation in a manner
equivalent in standard and scope to services furnished by the City to other areas of the City
regardless of similar topography, patterns of land utilization, and population density; and to furnish
to said territory, services of a capital improvement nature such as street and road construction, a
street light system, a sanitary sewer system, a water distribution system, a storm water system and
drainage plan, within three (3) years of the effective date of the annexation in the same manner as
those services are provided to areas within the corporate boundaries of the City of South Bend
regardless of similar topography, patterns of land use, or population density.
Section III. That the Board of Public Works shall and does hereby now establish and adopt
the Fiscal Plan, attached hereto and incorporated herein as Exhibit “A”, and made a part hereof,
for the furnishing of said services to the territory to be annexed, which provides, among other
things, that the public sanitary sewer and water network is available with capacity sufficient to
service this area with costs for extensions, any improvements in sewer or water capacity, and a
City-approved drainage system to be paid for by the developer, all in compliance with state and
local law; that no additional street lighting will be necessary and any future lighting especially of
a decorative nature or with underground wiring will be at the developer/owner’s expense; and that
no new public streets will be required.
Section IV. To the extent required by the City, sidewalks should be provided by the
owner/developer along public streets and must comply with the Americans with Disabilities Act
(ADA) under the PROWAG standards.
Section V. It is required as a condition of annexation that any future alterations to the
property meet the City of South Bend’s building and zoning requirements.
Adopted the 10th day of December, 2024.
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
REGULAR MEETING DECEMBER 10, 2024 262
s/ Elizabeth A. Maradik
s/ Joseph R. Molnar
s/ Gary A. Gilot
s/ Murray L. Miller
s/ Breana N. Micou
ATTEST:
s/ Theresa Heffner, Clerk
APPROVAL OF AGREEMENTS/CONTRACTS/PROPOSALS/ADDENDA
The following agreements/contracts/proposals/addenda were submitted to the Board for approval:
Type Business Description Amount/
Funding
Motion/
Second
Deed of
Dedication
Abybend, Inc. Additional Right-of-Way
at 4401 S. Michigan St.
Project No. DP23-058
NA Molnar / Miller
Amendment
No. 2 to OEA
Abonmarche
Consultants,
Inc.
Additional Design Work
to Accommodate Owner
Requested Changes, due
to Unforeseen Conditions
for the DTSB-ND Trail
Project No. 122-040
$19,800/
PO-0025863
Molnar / Miller
Professional
Services
Agreement
United
Consulting
Engineering Services for
the Safe Route to Schools
for Muessel Primary and
Holy Cross School Area
Project No. 122-006
$157,600/
PR-00037652
Molnar / Miller
Amendment
No. 2 to OEA
M/E Design
Services
Additional Design
Services for Requoting the
HVAC Units at the
Studebaker Museum
Project No. 124-020
$630/
PO-0030281
Molnar / Miller
Contract Veregy Guaranteed Energy
Savings Contract to Install
Solar Energy Generation
and Energy Savings
Upgrades at the WWTP
Project No. 124-015
$2,267,831
PR-00037710
Molnar / Miller
Amendment
No. 1 to Use
Agreement
Swing Batter
Swing, LLC
Use Agreement between
Swing Batter Swing, LLC
(SB Cubs) and City for
Coveleski Stadium
NA Molnar / Miller
APPROVE/DENY TRAFFIC CONTROL DEVICES
Upon a motion made by VP Molnar, seconded by Mr. Miller and carried by roll call, the following
traffic control device request was approved:
NEW INSTALLATION: School Zone Signage
LOCATION: St. Thomas More Academy – 308 S. Scott Street
REMARKS: All Criteria Met
RATIFY APPROVAL AND/OR RELEASE CONTRACTOR, EXCAVATION, AND
OCCUPANCY BONDS
The Division of Engineering Permit Department recommended that the following bonds be ratified
pursuant to Resolution 100-2000 and/or released as follows:
Business Bond Type Approved/
Released Effective Date
Modway Homes LLC Contractor Approved November 22,
2024
REGULAR MEETING DECEMBER 10, 2024 263
Advanced Engineering Services,
Inc.
Excavation Released December 7,
2024
Go With the Flo LLC Excavation Approved November 25,
2025
Modway Homes LLC Occupancy Approved November 22,
2024
Go with the Flo LLC Occupancy Approved November 25,
2025
Advanced Engineering Occupancy Released December 7,
2024
VP Molnar made a motion that the bond’s approval and/or release as outlined above be ratified.
Mr. Miller seconded the motion, which carried by roll call.
RATIFY PREAPPROVED CLAIMS PAYMENTS
VP Molnar stated the Board received notices of the following preapproved claim payments from
the City’s Department of Administration and Finance:
Name Date Amount of Claim
City of South Bend Claims GBLN-0094459,
GBLN-0094643
11/19/2024 $918,827.76
City of South Bend Claims GBLN-0094905,
GBLN-0094964
11/26/20024 $6,067,893.07
City of South Bend Claims GBLN-0095199,
GBLN-0095214
12/03/2024 $2,655,605.08
City of South Bend Claims GBLN-0095376,
GBLN-0095533, GBLN-0095684
12/05/2024 $2,916,788.76
Each claim is fully supported by an invoice; the person receiving the goods or services has
approved the claims; and the claims have been filed with the City Fiscal Officer and certified for
accuracy. Therefore, upon a motion by VP Molnar, seconded by Mr. Miller, and carried by roll
call, the Board ratified the preapproved claims payments.
PRIVILEGE OF THE FLOOR
ADJOURNMENT
There being no further business to come before the Board, President Maradik adjourned the
meeting at 10:09 a.m.
BOARD OF PUBLIC WORKS
_________________________________
Elizabeth A. Maradik, President
_________________________________
Joseph R. Molnar, Vice President
_________________________________
Gary A. Gilot, Member
_________________________________
Murray L. Miller, Member
_________________________________
Breana N. Micou, Member
December 17, 2024