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HomeMy WebLinkAbout08112026 BPW Meeting Minutes - FinalAGENDA REVIEW SESSION AUGUST 6, 2026 177 The Agenda Review Session of the Board of Public Works was convened at 10:31 a.m. on August 6, 2026, by Board President Elizabeth A. Maradik, Vice President Joseph Molnar, Board Member Breana Micou, and Board Attorney Michael Schmidt (virtual) present. Board Members Murray Miller and Abigail Magas were unable to attend. The Board of Public Works Clerk, Hillary R. Horvath, presented the Board with a proposed agenda of items presented by the public and by City Staff. ACTION ITEM APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried Back to School Backpack & School Supply Give Away Street Closure for Special Event August 8, 2026/11:00a.m. to 1:00 p.m. Blaine Ave. between California Ave. and Vassar Ave. Molnar/Micou Board members discussed the following item(s) from the agenda. Board Attorney Michael Schmidt shared with the Board items 8A: Monroe Street Arts Building Roof Replacement – Project No. 125-021AR and 8B: Youth Services Bureau/ South Bend Thrive Subdivision and Off-Site Improvements – Project No. 123-011. He announced that both finalized projects had met and exceeded goals relating to Minority and Women Owned Enterprise standards. Vice President Joseph Molnar shared item 6A: Main Street Viaduct Beautification – Project No. 126-028. He clarified that at the August 11, 2026, Board meeting, the contract would be approved subject to RDC approving its funding on August 13, 2026. PRIVILEGE OF THE FLOOR ADJOURNMENT There being no further business to come before the Board, President Maradik adjourned the meeting at 10:36 a.m. BOARD OF PUBLIC WORKS _________________________________ Elizabeth A. Maradik, President _________________________________ Joseph R. Molnar, Vice President _________________________________ Murray L. Miller, Member _________________________________ Breana N. Micou, Member _________________________________ Abigail E. Magas, Member August 25, 2026 REGULAR MEETING AUGUST 11, 2026, 178 REGULAR MEETING AUGUST 11, 2026 The Regular Meeting of the Board of Public Works was convened at 9:31 a.m. on Tuesday, August 11, 2026, by Board Vice President Joseph Molnar in the 4th Floor Public Meeting Room, Council Chambers of the City Hall Building, 215 S. Martin Luther King Jr. Blvd., Suite 400., South Bend, Indiana. The meeting was also streamed live to the public via Microsoft Teams. Board Clerk Hillary R. Horvath confirmed the presence of Board Vice President Joseph Molnar, and Board Members Murray Miller, Breana Micou, Abigail Magas and Board Attorney Michael Schmidt, with a roll call. Board President Maradik was unable to attend. Vice President Joseph Molnar 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. APPROVE MINUTES OF PREVIOUS MEETING Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the minutes for the Agenda Review Session and Regular Meetings of the Board held on July 23, 2026, and July 28, 2026, were approved. OPENING OF BIDS – 2026 NEIGHBORHOOD SERVICES AND ENFORCEMENT DEMOLITIONS – PROJECT NO. 126-045 (PR-00048966) 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: C&E EXCAVATING, INC. 2831 Dexter Drive Elkhart, IN 46530 bslott@candeexcavating.com Bid was signed by Bryan Slott Non-Collusion, Non-Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted Three (3) MWBE Forms (1.0, 2.0, 2.1) were submitted BID: Base Bids $381,372 RITSCHARD BROS., INC. 1204 W. Sample St South Bend, IN 46619 Rit1204@datacruz.com Bid was signed by Rachelle L. Dolniak Non-Collusion, Non-Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted Three (3) MWBE Forms (1.0, 2.0, 2.1) were submitted BID: Bid Total $494,475 GREEN DEMOLITION CONTRACTORS, INC. 315 Brighton Street LaPorte, IN 46350 kim@greendemolitioninc.com Bid was signed by Michael J. Brough Non-Collusion, Non-Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted. Three (3) MWBE Forms (1.0, 2.0, 2.1) were submitted BID: Base Bid $531,000 REGULAR MEETING AUGUST 11, 2026, 179 INDIANA EARTH, INC. 10343 McKinley Hwy. Osceola, IN 46561 estimatorindianaearth@yahoo.com Bid was signed by Mark Osler Non-Collusion, Non-Discrimination Affidavit Form was completed. Five percent (5%) Bid Bond was submitted. Three (3) MWBE Forms (1.0, 2.0, 2.1) were submitted BID: Bid Total $549,300 Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above bids were referred to Public Works and NSE for review and recommendation. OPENING OF BIDS – POTAWATOMI PARK IMPROVEMENTS PHASE IIA – PROJECT NO. 125-050A (PR-00049016) 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: C&E EXCAVATING, INC. 2831 Dexter Drive Elkhart, IN 46530 bslott@candeexcavating.com Bid was signed by Bryan Slott Non-Collusion, Non-Discrimination Affidavit Form was completed Five percent (5%) Bid Bond was submitted Three (3) MWBE Forms (1.0, 2.0, 2.1) were submitted Three (3) of Three (3) Addendum Acknowledgements received. BID: Base Bids $1,504,620 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 hgritton@rieth-rileyc.com Bid was signed by 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. Three (3) of Three (3) Addendum Acknowledgements received. BID: Base Bids $1,491,256.91 MILESTONE CONTRACTORS L.P. 24358 State Road 23 South Bend, IN 46614 akrueger@milestonelp.com, epillipow@milestonelp.com Bid was signed by Dustin P. Hilary 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. Three (3) of Three (3) Addendum Acknowledgements received. BID: Base Bids $1,767,488 REGULAR MEETING AUGUST 11, 2026, 180 Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above bids were referred to Public Works, DCI, and VPA for review and recommendation. OPENING OF BIDS – THE YARD PROJECT – PROJECT NO. 126-020A (PR-00048967) 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: HRP CONSTRUCTION INC. 7775 Old Cleveland Rd., PO Box 266 South Bend, IN 46624 mattc@hrpconstruction.com Bid was signed by 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(s) Acknowledgement received. BID: Base Bids $297,464.75 RIETH-RILEY CONSTRUCTION CO., INC. 25200 State Road 23 South Bend, IN 46614 dsnodderly@rieth-riley.com Bid was signed by Ruben Alvarado 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(s) Acknowledgement received. BID: Base Bids $229,900 MILESTONE CONTRACTORS L.P. 24358 State Road 23 South Bend, IN 46614 akrueger@milestonelp.com Bid was signed by Dustin P. Hilary 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(s) Acknowledgement received. BID: Base Bids $387,729 Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above bids were referred to Public Works and DCI for review and recommendation. OPENING OF PROPOSALS – CMC HOWARD PARK BANDSHELL – PROJECT NO. 125- 052 (RIVER EAST TIF) Lidya Abreha, Engineering, advised that this was the date set for the receiving and opening of sealed proposals for the above referenced project. VP Molnar stated the Proposals will be reviewed and scored based on a matrix system, by a team made up of City representatives. Attorney Michael Schmidt read the names of the following companies submitting proposals: ZIOLKOWSKI CONSTRUCTION, INC. REGULAR MEETING AUGUST 11, 2026, 181 SHEIL SEXTON WIEGAND CONSTRUCTION LARSON-DANIELSON F.A WILHEM A motion was made by Ms. Magas, seconded by Ms. Micou and carried by VP Molnar during roll call. Mr. Miller voted to oppose but was in the minority. The above proposals were referred to Public Works, DCI, and VPA for review and recommendation. OPENING OF PROPOSALS – COAL LINE TRAIL PHASE 3 – PROJECT NO. 123-007 Caitlin Wyant, Engineering, advised that this was the date set for the receiving and opening of sealed proposals for the above referenced project. VP Molnar stated the Proposals will be reviewed and scored based on a matrix system, by a team made up of City representatives. Attorney Michael Schmidt read the names of the following companies submitting proposals: TROYER GROUP SJCA, INC. AMERICAN STRUCTUREPOINT UNITED CONSULTING Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above proposals were referred to Public Works and DCI for review and recommendation. AWARD BID AND APPROVE CONTRACT – 2026 CONTRACTOR PAVING ROUND 4 – PROJECT NO. 126-044 (PR-00048607) Dan Jones, Engineering, advised the Board that on August 11, 2026, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Jones recommended that the Board award the contract to the lowest responsive and responsible bidder, Milestone Contractors, L.P., in the amount of $2,545,248. Therefore, Mr. Miller made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Ms. Magas seconded the motion, which carried by roll call. AWARD BID AND APPROVE CONTRACT – SPEC D - 2026 OR NEWER ALL WHEEL DRIVE POLICE PURSUIT UTILITY VEHICLES – (PR-00048646) Michael Bartley, Central Services, advised the Board that on July 28, 2026, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Bartley recommended that the Board award the contract to the lowest responsive and responsible bidder, Michiana Chrysler Dodge Jeep Ram, in the amount of $1,155,330. Therefore, Mr. Miller made a motion that the recommendation be accepted, and the bid be awarded, and the contract approved as outlined above. Ms. Magas seconded the motion, which carried by roll call. TABLED – AWARD BID AND APPROVE CONTRACT – SPEC E – PD UPFIT EQUIPMENT – (PR-00048665) Kevin Smith, Central Services, advised the Board that on July 28, 2026, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Smith recommended that the Board table the bid until further details were acquired from the bidders. Therefore, Mr. Miller made a motion that the awarding of bids be tabled until the August 25, 2026, meeting. Ms. Magas seconded the motion, which carried by roll call. REGULAR MEETING AUGUST 11, 2026, 182 TABLED – AWARD BID AND APPROVE CONTRACT – SPEC E – PD UPFIT EQUIPMENT – (PR-00048665) Kevin Smith, Central Services, advised the Board that on July 28, 2026, bids were received and opened for the above referenced project. After reviewing those bids, Mr. Smith recommended that the Board table the bid until further details were acquired from the bidders. Therefore, Mr. Miller made a motion that the awarding of bids be tabled until the August 25, 2026, meeting. Ms. Magas seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT – MAIN STREET VIADUCT BEAUTIFICATION – PROJECT NO. 126-028 (PR-00047826) Nifemi Oluwatomini, Engineering advised the Board that on July 14, 2026, quotations were received and opened for the above referenced project. After reviewing those quotations, Mr. Oluwatomini recommended that the Board award the contract to the lowest responsive and responsible quoter, Acorn Landscaping, LLC, in the amount of $48,600. Therefore, Mr. Miller made a motion that the recommendation be accepted, the quotation be awarded, and the contract approved as outlined above, subject to RDC approval of funding at their August 13, 2026, meeting. Ms. Magas seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT – O’BRIEN CENTER EV CHARGERS – PROJECT NO. 126-0136 (PR-00049416) Lidya Abreha, Engineer, advised the Board that on August 3, 2026, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Abreha recommended that the Board award the contract to the lowest responsive and responsible quoter, Martell Electric, LLC, in the amount of $23,371. Therefore, Mr. Miller made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Ms. Magas seconded the motion, which carried by roll call. AWARD QUOTATION AND APPROVE CONTRACT – PARKING GARAGE EV CHARGERS – PROJECT NO. 126-038 (PR-00049415) Lidya Abreha, Engineering, advised the Board that on August 3, 2026, quotations were received and opened for the above referenced project. After reviewing those quotations, Ms. Abreha recommended that the Board award the contract to the lowest responsive and responsible quoter, Pemberton Davis, in the amount of $36,560. Therefore, Mr. Miller made a motion that the recommendation be accepted, and the quotation be awarded, and the contract approved as outlined above. Ms. Magas seconded the motion, which carried by roll call. TABLED - APPROVE CHANGE ORDER NO. 2 – DYLAN DR. LIGHTING IMPROVEMENTS – PROJECT NO. 119-047 (PO-0041225 VP Molnar advised that Caitlin Wyant, Engineering has submitted change order number 2 on behalf of Michiana Contracting, indicating the contract amount be increased by $120,434.02 for a new contract sum, including this change order, in the amount of $475,868.94. This change order is still under review and discussion, Ms. Wyant asked that the above change order be tabled until further notice. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the change order was Tabled. APPROVE PROJECT COMPLETION AFFIDAVIT – MONROE STREET ARTS BUILDING ROOF REPLACEMENT – PROJECT NO. 125-021AR (PO-0039742) VP Molnar advised that Kyle Ludlow, Engineering, has submitted the project completion affidavit on behalf of Slatile Roofing and Sheet Metal Co., Inc., for the above referenced project, indicating a final cost of $341,632. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the project completion affidavit was approved. APPROVE PROJECT COMPLETION AFFIDAVIT – YOUTH SERVICES BUREAU/SOUTH BEND THRIVE SUBDIVISION AND OFF-SITE IMPROVEMENTS – PROJECT NO. 123-011 (PO-0029777) VP Molnar advised that Jacob Klosinski, Engineering, has submitted the project completion affidavit on behalf of Rieth-Riley Construction Co., Inc., for the above referenced project, REGULAR MEETING AUGUST 11, 2026, 183 indicating a final cost of $3,546,311.69. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the project completion affidavit was approved. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – MARION STREET TRAIL – PROJECT NO. 125-070 (PR-00049413) In a memorandum to the Board, Caitlin Wyant, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the title sheet. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above request to advertise was approved, and the title sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – IRELAND RD. SIDEWALK EXTENSION – PROJECT NO. 125-036 (PR-00049414) In a memorandum to the Board, Caitlin Wyant, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the title sheet. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above request to advertise was approved, and the title sheet was approved and signed. APPROVAL OF REQUEST TO ADVERTISE FOR THE RECEIPT OF BIDS AND TITLE SHEET – SAGE ROAD SANITARY PUMP STATION IMPROVEMENTS – PROJECT NO. 124-057 In a memorandum to the Board, Jacob Klosinski, Engineering, requested permission to advertise for the receipt of bids for the above referenced project. Also presented at this time for approval and execution was the title sheet. Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the above request to advertise was approved, and the title sheet was approved and signed. ADOPT RESOLUTION NO. 25-2026 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT AUTHORITY Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the following resolution was adopted by the Board of Public Works: RESOLUTION NO. 25-2026 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA, BOARD OF PUBLIC WORKS AUTHORIZING THE TRANSFER OF REAL PROPERTY TO THE SOUTH BEND REDEVELOPMENT AUTHORITY WHEREAS, the City of South Bend, Indiana, Board of Public Works (the "Board of Public Works") exists pursuant to I.C. § 36-4-9-5, holds real property owned by the City of South Bend, Indiana (the "City") pursuant to I.C. § 36-9-6-3, and is authorized to transfer such property to another governmental entity pursuant to I.C. § 36-1-11-8; and WHEREAS, the South Bend Redevelopment Authority (the “Authority”) has been created pursuant to Indiana Code 36-7-14.5 as a separate body, corporate and politic, and as an instrumentality of the City of South Bend, Indiana (the “City”), is authorized to hold and dispose of real property pursuant to Indiana Code Section 36-7-14.5-12(a)(4) and (5), and is authorized to receive such property from another governmental entity pursuant to Indiana Code Section 36-1- 11-8; and WHEREAS, the City has determined to undertake certain local public improvement projects in the River West Development Area including all or any portion of the following: (i) Coal Line Trail Phase III which consists of the extension of the existing Coal Line Trail from Lincoln Way West to the Martin Luther King Jr. Dream Center, and any related improvements; (ii) College Street streetscape improvements in connection with Phase III of the Coal Line Trail, and any related improvements; (iii) infrastructure improvements consisting of roads, storm water, sewer, and water utility infrastructure improvements along or adjacent to Old Cleveland Road, and any related improvements; (iv) the acquisition, construction, renovation and equipping of a new Rum Village Neighborhood REGULAR MEETING AUGUST 11, 2026, 184 Center, and any related improvements; (v) acquisition of land in the near west side of the City for a new neighborhood park, and any related improvements; (vi) infrastructure improvements to support the redevelopment of the former Drewry’s property and improvements to the adjacent Muessel Grove Park, and any related improvements; (vii) acquisition, construction and equipping of a new parking garage structure attached to the Morris Performing Arts Center, and any related improvements; and (viii) all projects related to any of the projects described in clauses (i) through and including (vii) (clauses (i) through and including (viii), collectively, the “Projects”); and WHEREAS, the Common Council of the City has adopted Resolution No. 26-20, approving of the issuance of the Bonds by the Authority, pursuant to Indiana Code 36-7- 14.5-19 and the execution and delivery of the Lease, as approved by the Authority and the Redevelopment Commission (the “Commission”), pursuant to Indiana Code 36-7-14-25.2, in order to provide for the financing of the Projects, all upon the following conditions: (a) the maximum aggregate principal amount of the Bonds shall not exceed $33,000,000; (b) the Bonds shall have a final maturity date which is not later than fifteen (15) years from the date of their issuance; (c) the maximum annual lease rental payment during the term of the Lease shall not exceed $5,000,000; (d) the maximum interest rate on any tax- exempt series of the Bonds shall not exceed six and one-half percent (6.50%) per annum and on any taxable series of the Bonds the maximum interest rate shall not exceed eight percent (8.00%) per annum; (e) the Bonds will be subject to optional redemption prior to maturity not earlier than five (5) years after the date of issuance of the Bonds; (f) the maximum term of the Lease shall not exceed nineteen (19) years; and (g) interest on the Bonds may be capitalized or paid from the proceeds of the Bonds based upon the recommendation of the municipal advisor to the Authority; and WHEREAS, in order to provide a source of funding to pay the principal of and interest on the Bonds when due, the Authority and Commission have authorized a form of Lease dated as of July 1, 2026 (the “Lease”) providing for the lease of certain property in the City as more fully described in the Lease (the “Leased Premises”); and WHEREAS, the Board of Public Works holds certain real property located in the City described in Exhibit A (the “Property”); and WHEREAS, the Authority desires to acquire an interest in the Leased Premises for the purpose of leasing the Property pursuant to the terms of the Lease; and WHEREAS, in order to effectuate the bond transaction, the Board of Public Works desires to convey the Property to the Authority pursuant to I.C. § 36-1-11-8 and subject to the terms of this Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF SOUTH BEND BOARD OF PUBLIC WORKS AS FOLLOWS: 1. The Board of Public Works hereby approves the transfer of the Leased Premises from the Board of Public Works in accordance with I.C. § 36-1-11- 8, the Act. The President of the Board (the “President”) is authorized and directed, in the name of the City, to execute and deliver a quit claim deed in a form substantially similar to the document attached hereto as Exhibit A, conveying all of the Board of Public Works’ right, title, and interest in the Property to the Authority. 2. The Board of Public Works authorizes Erin Michaels of the City’s Department of Community Investment to deliver the Deed for recordation to the Office of the Recorder of St. Joseph County, Indiana and execute any other document necessary to affect the Authority’s acceptance of the Leased Premises from the Board of Public Works. 3. This Resolution will be in full force and effect upon its adoption by the Board of Public Works. REGULAR MEETING AUGUST 11, 2026, 185 ADOPTED at a meeting of the City of South Bend, Indiana, Board of Public Works held on August 11, 2026, in the City Hall Council Chambers, 3rd Floor, 215 S. Dr. Martin Luther King, Jr., Boulevard, South Bend, Indiana, 46601. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Murray L. Miller s/ Breana N. Micou s/ Abigail E. Magas ATTEST: s/ Hillary R. Horvath, Clerk ADOPT RESOLUTION NO. 26-2026 – A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A CERTIFICATE OF COMPLETION FOR AFFORDABLE HOMEMATTERS INDIANA LLC RELATING TO BUYER’S POST- CLOSING DEVELOPMENT OBLIGATIONS Upon a motion made by Mr. Miller, seconded by Ms. Magas and carried by roll call, the following resolution was adopted by the Board of Public Works: RESOLUTION NO. 26-2026 A RESOLUTION OF THE CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS APPROVING A CERTIFICATE OF COMPLETION FOR AFFORDABLE HOMEMATTERS INDIANA LLC RELATING TO BUYER’S POST-CLOSING DEVELOPMENT OBLIGATIONS WHEREAS, the City of South Bend, Indiana’s (the “City”) Board of Public Works (“the Board”) exists pursuant to Indiana Code Section 36-4-9-5, as amended from time to time (the “Act”); and WHEREAS, the City, pursuant to that certain Real Property Transfer Agreement by and between the City and Affordable HomeMatters Indiana LLC (the “Buyer”), dated June 25, 2024 (the “Agreement”) conveyed to the Buyer certain real property, including the parcels described in attached Exhibit 1 (the “Property”) by the special warranty deed recorded on October 10, 2024 as Document No. 2024-23970 in the Office of the Recorder of St. Joseph County, Indiana; and WHEREAS, Section 7 of the Agreement established certain obligations of the Buyer following its acceptance of the Deed from the City (the "Buyer’s Post-Closing Development Obligations"); and WHEREAS, the Property conveyed pursuant to the Agreement consists of multiple parcels, some of which have satisfied the Buyer’s Post-Closing Development Obligations and others of which have not; and WHEREAS, the City hereby acknowledges and affirms that the Buyer has performed all of the Buyer’s Post-Closing Development Obligations that are applicable to the parcels described in Exhibit 1 and has provided satisfactory evidence of the same; and WHEREAS, the proposed form of Certificate of Completion applies only to the parcels described in Exhibit 1 and does not release any obligations or reversionary interests applicable to any other parcels conveyed pursuant to the Agreement; and WHEREAS, in order to release the City’s reversionary interest in the parcels described in Exhibit 1, the City must issue and record a Certificate of Completion as a conclusive determination of the Buyer’s satisfaction of the Buyer’s Post-Closing Development Obligations with respect to such parcels; and REGULAR MEETING AUGUST 11, 2026, 186 WHEREAS, the form of the proposed Certificate of Completion has been presented to the Board at this public meeting and is attached hereto as Exhibit 1. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, AS FOLLOWS: SECTION 1. The Board hereby approves the form of Certificate of Completion attached as Exhibit 1, substantially in the form presented at this meeting, with such non- material modifications as may be approved by legal counsel for the City prior to execution and recording. SECTION 2. This Resolution shall take effect, and be in full force and effect, upon passage and approval by the Board, in conformance with applicable law. ADOPTED at a meeting of the Board of Public Works of the City of South Bend, Indiana held in person and electronically on August 11, 2026. CITY OF SOUTH BEND BOARD OF PUBLIC WORKS s/ Elizabeth A. Maradik s/ Joseph R. Molnar s/ Murray L. Miller s/ Breana N. Micou s/ Abigail E. Magas ATTEST: s/ Hillary R. Horvath, 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 Professional Services Agreement Arcadis U.S., Inc. Smart Sewer System Upgrades Evaluation $157,500 Miller/Magas Memorandu m of Understandi ng South Bend Community School Corporation Agreement for an Improvement Project to the Area Adjacent to Marshall Traditional School including Resurfacing of Byron Dr., Adding a Crosswalk, and Replacement of Sidewalks N/A Miller/Magas Deed of Dedication Paul & Kimberly Chimienti Dedication of a Portion of the Parcel at 2514 Flat Creek Dr. for Public Right of Way N/A Miller/Magas Deed of Dedication Justin & Erin Seifer Dedication of a Portion of the Parcel at 2519 Flat Creek Dr. for Public Right of Way N/A Miller/Magas Professional Services Agreement Lochmueller Group, Inc. Design Services for Roadway, Sidewalk and a Trail Path on Lincoln Way between College St. and Wilber St. for the $174,700 (PR- 00049408), pending RDC approval at Miller/Magas REGULAR MEETING AUGUST 11, 2026, 187 College St. Improvement Project, Project No. 126- 050 the August 13, 2026, meeting APPROVAL OF LICENSE AND PERMIT APPLICATIONS The following license and permit applications were presented for approval: Applicant Description Date/Time Location Motion Carried NNRO’s Back to School Health Fair Street Closure for Special Event August 14, 2026/1:00 p.m. to 4:00 p.m. Howard St. between St. Peter St. and St. Louis Blvd. Miller/Magas Boots on the Bend Street Closure for Special Event August 14, 2026/2:00 p.m. to 11:15 p.m. St. Joseph County Fairgrounds Miller/Magas Monroe Street Block Party Street Closure for Special Event August 15, 2026/2:00 p.m. to 5:00 p.m. Monroe St. between Sunnyside St. and Twyckenham St. Miller/Magas Farmer’s Market Car Show Street Closure for Special Event August 29, 2026/10:00 a.m. to 2:00 p.m. Beyer Ave. between Mishawaka Ave. to Northside Blvd. Miller/Magas 2026 NNN Arts Cafe Street Closure for Special Event October 11, 2026/12:00 p.m. to 6:00p.m. California Ave. between Sherman Ave. and Portage Ave. Miller/Magas APPROVE CONSENTS TO ANNEXATION AND WAIVER OF RIGHTS TO REMONSTRATE VP Molnar stated that the Board is in receipt of the following consents to annexation and waivers of rights to remonstrate. The consents indicate that in consideration for permission to tap into public water/sanitary sewer system of the City, to provide water/sanitary sewer service to the below referenced properties, the applicants waive and release all rights to remonstrate against or oppose any pending or future annexations of the properties by the City of South Bend: A. Scott Slagan, 825 S. Waukegan Rd., Lake Forest, IL 60045 1. 53170 Grassy Knoll Dr.– Water/Sewer (Key No. 71-02-24-354- 0146.000-029) Upon a motion by Mr. Miller, seconded by Ms. Magas and carried by roll call, the consents to annexation and waivers of rights to remonstrate were approved as submitted. 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 Firm Foundation Concrete Contractor Approved July 17, 2026 Stanton Construction Contractor Released July 24, 2026 Capstone Building & Remodeling LLC Contractor Released September 1, 2026 Hoosierland Excavating, Inc. DBA Hoosierland Electrical Services Excavation Approved July 22, 2026 Ancon Construction Co., Inc. Excavation Approved July 24, 2026 REGULAR MEETING AUGUST 11, 2026, 188 Dotlich Trucking and Excavating Inc. Excavation Approved July 27, 2026 American Mechanical LLC Excavation Approved July 28, 2026 NextGen Earthworks LLC Occupancy Released August 19, 2026 Hoosierland Excavating, Inc. DBA Hoosierland Electrical Services Occupancy Approved July 22, 2026 Dotlich Trucking and Excavating Inc. Occupancy Approved July 27, 2026 Firm Foundation Concrete Occupancy Approved July 16, 2026 American Mechanical LLC Occupancy Approved July 28, 2026 Profit Concrete Leveling LLC Occupancy Approved August 3, 2026 Mr. Miller made a motion that the bond’s approval and/or release as outlined above be ratified. Ms. Magas 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-0139039; GBLN-0139402; GBLN-0139503 06/30/2026 $5,082,950.34 City of South Bend Claims GBLN-0139542; GBLN-0139661; GBLN-0139781 07/08/2026 $4,306,850.83 City of South Bend Claims GBLN-0139804; GBLN-01399939; GBLN-0140655 07/11/2026 $2,154,405.95 City of South Bend Claims GBLN-0140834; GBLN-0140708; GBLN-0141247 07/21/2026 $2,47,359.75 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 Mr. Miller, seconded by Ms. Magas, and carried by roll call, the Board ratified the preapproved claims payments. PRIVILEGE OF THE FLOOR Diane Benman, homeowner of 745 Lawndale Ave, came before the Board to discuss an issue. She shared that following the construction of sidewalks on the 700 block of Lawndale Ave, contractors had laid new grass and sod in the surrounding area. The new sod included jimsonweed, a highly poisonous weed of the nightshade family. She shared concerns about the quickness of the weed’s spread throughout the surrounding streets and its danger towards neighbors, children, and pets. Benman brought with her before-and-after photos of the weed’s spread and mentioned that although she had called the City before, nothing had been done regarding the situation. VP Molnar asked her to stay after the adjournment of the meeting to exchange contact information and discuss the matter in greater detail. ADJOURNMENT There being no further business to come before the Board, VP Molnar adjourned the meeting at 10:02 a.m. _________________________________ Elizabeth A. Maradik, President _________________________________ Joseph R. Molnar, Vice President