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Sewer Main Line Extension Agreement - St Joseph County
SEWER MAIN LINE EXTENSION AGREEMENT This Sewer Main Line Extension Agreement ("Agreement") is made on the 23rd day of May, 2017 by and between St. Joseph County, Indiana ("County") and the City of South Bend, a municipal corporation existing under the laws of Indiana ("City"), acting by and through its Board of Public Works. WHEREAS, County has constructed a sewer main line for the benefit of a planned development located adjacent to Walnut Road and U.S. Highway 20 near New Carlisle, Indiana, as described in the Donohue & Associates study attached and incorporated herein as Exhibit A ("Donohue Study"). WHEREAS, the sewer main line is located in the area ("Service Area") depicted in Exhibit B, attached and incorporated herein; and WHEREAS, the engineering design for said sanitary sewer systems has been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana; and WHEREAS, the County shall be responsible for the bidding and construction of the sewer main line, and all expenses related thereto. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, County and the City agree as follows: 1. Connection to City Sewer Line The City shall inspect the newly constructed sanitary sewer system prior to authorizing its connection to the City's sewer line. The County shall provide the City with drawings of record which shall conform to City standards. The County shall be responsible to provide inspection reports and to ensure the engineer's and contractor's conformance to area planning, adequacy of design, and conformance to City requirements regarding location, size and depth of line, capacity and arrangement of lift stations, and quality of construction. The County shall provide to the City a statement from the project engineer certifying that the materials and workmanship including pipes, bedding, manholes, lift station equipment and other related materials and work meet the City's specifications and standards. Upon request of the City, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for inflow/infiltration, exfiltration, deflection, pressure, leaks, compaction and other tests required by the City. All construction, engineering and inspection cost in connection with these systems shall be borne by the County. 2. Permits It shall be County's sole responsibility and expense to obtain any and all permits associated with the construction and installation of the sanitary sewer systems. 3. Capital Contribution The City will not require any capital contribution from the County for the County's construction and subsequent connection of a sewer main line. However, the County has an affirmative obligation to notify all potential customers who may connect to this sewer main line, that upon application for service, such applicant shall owe the City a capital contribution as described herein this paragraph. For purposes of this section "ERU" shall be defined as an equivalent residential unit which means a single family residence. For purposes of customers that are not single family residences, one ERU shall equal estimated wastewater flows of 310 gallons per day. No customer will be less than one ERU. For every new connection to the South Bend Municipal Sewer Works, a capital contribution of $1,145 shall be collected per ERU and additional portion thereof to be connected. All charges shall be paid to the City at the time the application for connection is filed. For multifamily structures (e.g., apartments, condominiums, mobile home communities), each individual unit shall be one ERU. For all other types of structures, the ERU calculation shall be based upon the ratio of Average Daily Flow as computed pursuant to 327 IAC 3-6-11 in relationship to 310 gallons per day. For structures not listed in 327 IAC 3-6-11, the ERU shall be calculated as the relationship between the Average Daily Flow reported in the sewer capacity certification for the structure and 310 gallons per day. For customers with greater than 20 ERUs, the ERU shall be adjusted based upon the Peaking Factor as computed herein. The Peaking Factor shall be calculated by dividing the Peak Daily Flow by the Average Daily Flow, both as reported in the sewer capacity certification. In no event will a Peaking Factor less than 2.0 be used for purposes of the adjustment described in this Subsection. The Peaking Factor divided by 4.0 (the Peaking Factor for residential connections) will be multiplied by the number of ERUs for purposes of computing the capital contribution owed by the customer. The City may execute a contract with the customer authorizing an increase to the initial capital contribution based upon actual usage data that is collected after connection. 4. Fees Pursuant to the City of South Bend Ordinance ("Ordinance") as in existence at the time of this Agreement, any future customer of the City's sewer system shall pay a monthly fee in the amount consistent with that of other retail customers of the City and be subject to rate changes in sewer fees in the same manner that all City retail customers are subject to rate changes. For wastewater collection service rendered to customers whose connection is located outside the corporate limits of the City, a surcharge of 14% shall be added to the total amount billed. Further, such customers who are located in the Service Area are specifically exempted from pursuing an exception under Sec. 17-81 of the Ordinance, however, it is agreed upon by the parties hereto that the New Carlisle Water Treatment Plant qualifies for the credit under Sec. 17- 81 of the Ordinance. 5. Non -Compete Absent a waiver granted by the Mayor of South Bend, the County agrees not to enter into any development agreement with a company currently located within the corporate limits of the City which would result in said company relocating to an area within the Service Area. 6. Waiver of Remonstration The parties hereto agree and understand that entities that connect to the sanitary sewer line located in the Service Area are not required to consent to annexation to the City. 7. Dedication Upon completion of the construction of said sanitary sewer systems, County shall dedicate to the City the sanitary sewer system improvements as depicted in Exhibit C. Along with the dedication of said sanitary sewer system improvements, the County shall provide the City with either an easement to the dedicated sanitary sewer line or, when necessary, a separate access agreement, which grants to the City, the right to access the sanitary sewer line at the City's discretion. 8. Joint Study The parties hereto agree to conduct a joint study to determine the overall capacity of the City's wastewater utility that provides services to the Service Area and adjacent areas in western St, Joseph County and ensure that the future developmental sanitary needs of the Service Area can be met. The joint study will provide information on the capacity and condition of the sewer lines located in western St. Joseph County, including but not limited to, the line commonly referred to as the I/N Tek and UN Kote sanitary sewer line. The joint study will also address potential alternatives for adding capacity to western St. Joseph County. The County, with the consent of the City, shall select a consultant to perform the joint study. The parties hereto shall mutually agree on the payment portion of the joint study after receiving the estimate from the selected consultant. 9. Service Area Sewer Line Improvements Should a capacity limitation in the sewer main line extending to the City's wastewater treatment plant occur as a result of any connection made from the Service Area, the parties agree to work together to resolve this issue before additional connections are made. 10. Maintenance Bond County agrees to provide the City with a maintenance bond covering all work performed by the County pursuant to this Agreement and such bond shall remain in effect for three (3) years after dedication as described in Section 7 above. A copy of the maintenance bond is attached hereto as Exhibit D. 11. Indemnification County agrees and undertakes to indemnify and hold the City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement. If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, County agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 12. Assignment This Agreement may not be assigned by the County without the express written consent of the City which such consent may be withheld for any reason. Any violation of this limitation shall terminate the City's obligation and forfeit the County's rights under this Agreement. 13. Severability Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidatingthe remainder of such provision or the remaining provisions of this Agreement. 14. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Indiana. It is further agreed that all provisions of law now or hereafter in effect relating to sewer service by the City shall be applicable to this agreement. 15. Entire Agreement C�z V MA! iaj�� ULk Elizabeth A. Maradik, Member ATTEST: r _ Linda Martin, Clerk of the Board of Public Works EXHIBIT A DONOHUE & ASSOCIATES STUDY Ken Herceg & Associates A Division of Donohue & Associates, Inc. 100 N. Michigan St., Suite 510 South Bend, IN 46601 574,288.4580 1 donohue-associates.com September 21, 2015 Ms. Jessica Clark, PE County Engineer City -County Building, 71h Floor 227 W. Jefferson Blvd. South Bend, Indiana 46601 Re: DRAFT Opinion of Probable Cost and Sewer Capacity Analysis St. Joseph Energy Center Infrastructure Improvements Dear Ms. Clark: In accordance with the Task Order No. 3 executed on August 24, 2015, Donohue I Herceg and Associates (Donohue) is hereby pleased to submit to you the following report regarding the development of an Opinion of Probable Cost for the proposed St. Joseph Energy Center (SJEC) well field, water treatment plant (WTP) and associated infrastructure. In addition, this report also includes the analysis results of the capacity that will remain in the sanitary sewer recommended in 2002, given the SJEC has recently reported wastewater flow of 340,000 gallons per day (gpd). OPINION OF PROBABLE COST The Opinion of Probable Cost for the construction of the SJEC WTP, associated well field and the "Infrastructure Improvement Projects Supporting Energy Center Development" are based on the compilation, analysis and consideration of previous information, including: • Technical Specification -- Greensand Filtration System, by Power Engineers/Burns and Roe (6/19/15) • July 2002 Bid Totals received by St. Joseph County for the "Infrastructure Improvement Projects Supporting Energy Center Development" project, updated to 2016 dollars In addition, information discussed during the September 3, 2015 technical meeting held on the 71h Floor of 100 N. Michigan Street in South Bend was also used in developing the probable costs included with this document. The development of the Opinion of Probable Cost for the new WTP and associated well field started with the development of an initial conceptual layout. Discussion and coordination with SJEC have resulted in the determination that the proposed WTP and associated well field will be roughly located in the southeast quadrant of the SJEC property (refer to Exhibit A). In addition to identifying the approximate location of the proposed wells, transmissions mains and WTP, the conceptual layout also Ms. Jessica Clark DRAFT SJEC Cost Opinion & Sewer Analysis Page 2 1 September 21, 2015 included the development of process and equipment specific arrangements for the WTP (refer to Exhibits 81 and B2). To provide comparable project cost analyses, the development of the Opinion of Probable Cost for the "Infrastructure Improvement Projects Supporting Energy Center Development" has been split and estimated into the following underground utility projects: • Walnut Road Sanitary Sewer Extension (North to US 20) • Walnut Road & US 20 Water Main Connection (West) • US 20 Sanitary Sewer Extension (East) • US 20 Water Main Extension (East) Based on estimated costs of construction for the year 2016, the included Opinion of Probable Cost (refer to Table 1 and Exhibits C through C-5) identify that the probable costs associated with the proposed SJEC will summate to approximately $26.0 million, of which approximately $18.3 million is anticipated to be funded by the developer of SJEC. Table I- Opinion of Probable Cost Summary Co 3.. W 4.:` U5 Fields Oevelopment,.Aquifer Analysis, Design & ,$2,675 Q00 $2,675 000 traction iut Road Sanitary Sewer Extension.(North to US 20).:$1,552,000 $1,552,000 5.New ;GS W.at4 5`20 Water -Main. connection (West) '' $2,14.2.1000 wer Extension (East) $2,456,000 $2,4561000. i Extension (East) $2,525,000 eat. Plant on St.. Joseph Energy Center Site $11,617,000 $11,617,000. is (e.g. Existing WTP Upgrades, Permitting).:', $3,037,000 $21,000 • $26,004,0.00 $18,321,000... SEWER CAPACITY ANALYSIS General This review of the conceptual sewer sizes was performed to confirm the sewer sizes planned for the St. Joseph County Economic Development District 2 (SJCEDD2) area due to flow revisions from the St. Joseph Energy Center (SJEC). Previous flow estimates by Allegheny Power had indicated flow rates of 1.08 MGD (750 gpm). The most recent flow figures from SJEC indicate a maximum discharge rate of 0.34 MGD. This cursory review was performed to validate the proposed sewer sizing in light of the recent changes in the reported flow rates. Previous documents identifying the area included the following: Ms. Jessica Clark SJEC Cost Opinion & Sewer Analysis Page 3 1 September 21, 2015 DRAFT • Sanitary Sewer Master Plan I/N KOTE -- I/N TEK TIF District, Olive Township, St Joseph County City Project 96-27 by Ken Herceg & Associates, dated September 1996, revised April 1997. • Water and Sanitary Sewer master Plan Updates and Revisions SJC Economic Development District No. 2, by Ken Herceg & Associates, dated December 2001. • St Joseph Energy Center Exhibits 2, 3 and 4 (title of master document from developer unknown). • Infrastructure Improvements Map, St. Joseph County Economic Development District 2, by Donohue/Herceg dated September 26, 2013 titled Sanitary Sewer and Water, Sheet 1 of 1. Areas Included The area included in the analysis of the sewer sizes was limited to those areas in SJCEDD2 which could generally discharge into the Walnut Road sewer north of Edison Road, and then along US 20 from Smilax Road to Walnut Road. Refer to the attached Sanitary Sewer Sizing Review (Exhibit D) and the areas outlined in red for the parcels included in the analysis. The other changes made in the analysis since the Master Plan and Update included the addition of approximately 120 acres of undeveloped land located east of Walnut Road, north of Edison Road, west of the existing I/N TEK I/N KOTE plant, and south of the Railroad (area already owned by I/N TEK but could be used for expansion). This area could be tributary to the Edison Road sewer or the 20-inch I/N TEK sewer, however it should be noted that some of these facilities are currently near capacity. These areas were added to the analysis to offer maximum flexibility far future capacity balancing between the interceptors serving the area. One other item to note about the area of this analysis is that there is a higher than normal concentration of wetlands, power and pipeline right-of-way, railroads, regulated drains or other public right-of-ways. Generally there were no considerations made for the likely decreases in developable areas due to them; however, Areas I and O have much of their developable areas filled with these features which resulted in the reduction of potentially developable acreage by 50%. It should be noted that this reduced amount may still be an optimistic projection of developable area. In the other Areas, these same features (right-of-way, railroads, drains, etc.) certainly have an impact on the calculations, but are not likely to impact the results to the degree necessary that will change the sewer sizing recommendations. Given this, these features are neglected in the analysis of the other Areas for the sake of simplicity. MetliodoloU This analysis calculated a flow for each area identified in Exhibit D (attached), based on the number of acres in each area times a flow rate per acre. The flow rate utilized was 2,200 gpd/Ac, which is the same rate that was used for all previous analyses for SJCEDD2. Note that this flow rate was used for the sake of standard comparison with all previous analyses, whereas in reality, the figure is higher than most development types experience. However, if numerous high water demand industries locate within the SJCEDD2, then the figure of 2,200 gpd/Ac may not be high enough to represent the actual flow conditions. For example, the existing I/N TEK, I/N KOTE plant and the proposed SJEC flows exceed this Ms. Jessica Clark DRAFT SJEC Cost Opinion & Sewer Analysis Page 4 1 September 21, 2015 flow rate; however, as the District builds out, additional warehousing and/or low water demand manufacturing will likely develop eventually and lower the actual average rate. Additional analyses of the flow rates within SJCEDD2 are recommended as the district develops, but are not currently required for the purpose of this analysis. The flows identified from tributary areas and the 2,200 gpd/Ac flow rate, were summed together for each leg of the sewer system as shown in the Sewer Capacity Calculations (Exhibit E, attached). The original calculations did not include a peaking factor since industrial flows typically do not have extreme peaks like residential or commercial flaws. If a particular industry does have extensive peaking factors, the local pretreatment ordinance will typically require that flows be regulated at the discharge to be no more than a certain rate or peaking factor. Very often the peak rate is identified as 1.5 or 2 times the average or normal rate. Another way to consider the peaking factor is to use a typical peaking factor like one based on the Ten States Standards methodology. Since it is unclear which peaking factor would be appropriate, all three methods (no peaking factor, 2.0 peaking, and Ten States Standards peaking factor) were calculated and shown in the Sewer Capacity Calculations. Results For this analysis, it was apparent that using the Ten States peaking factor would produce extremely high flow rates, which together with other flows from the District, would likely exceed the downstream sewer capacity at the eastern boundary of SJCEDD2. The use of the Ten States peaking factor would also exceed the currently planned sewer sizes significantly for the segments along US 20. Since this method produced extreme results, which could be regulated by other means such as pretreatment ordinances, the need to provide sewer capacity to convey the results with Ten States peaking factors was considered to be excessive. Similarly, the lack of any peaking factor was felt to be somewhat risky since there is no safety factor built into the design for accidental releases or discharges somewhat in excess of planned rates. Therefore, the recommended sewer size was established as the size that could convey the flow with a 2.0 peaking factor in all cases. It should be noted that the sizes and slopes recommended originally easily conveyed the design flow rates and could be considered as valid design approaches if the SCJEDD2 would restrict development activities to a peak discharge rate of 2,200 gpd/Ac for all areas, or reduce the allowable flows in some areas if previous development activity generated higher peak flows. If policies and procedures to track capacity utilization and limit peak discharge rates are not in place already to track development within the SJCEDD2 boundaries, it is strongly recommended that such systems be immediately developed and implemented to limit peak discharge rates to no more than 2 times the design rate of 2,200 gpd/Ac or some lesser rate. The sewer capacity calculations were generally done assuming that the minimum slope for the pipe size was used. Sewer sizing analysis for conveyance of the calculated flows with a peaking factor of 2.0 did not result in any changes to the sewer sizing as originally planned. It is also recommended that the 24-inch sewer planned for the Walnut Road section north of the railroad tracks be extended under the RR to the south side of the tracks, instead of the 16-inch sewer that was planned for the crossing. This extension is recommended to assure that adequate capacity is Ms. Jessica Clark DRAFT SJEC Cost Opinion & Sewer Analysis Page 5 1 September 21, 2015 provided at the crossing if additional development activity outside the SJCEDD2 boundaries is directed to this sewer, or higher flows from areas on the south side of the tracks are allowed in time. It should also be noted that a 24-inch sewer will require a slightly larger (36-inch or 42-inch) steel casing pipe under the railroad, depending on the carrier pipe material. Discussion During this review, several items were noted that warrant mention for a full understanding of the conditions surrounding the recommended sewer sizing. First, the area currently located outside SJCEDD2 boundaries west of Walnut Road, up to Wintergreen Road (1/2 mile west of the SJCEDD2 boundary) and north of Edison Road may eventually be included within the SJCEDD2 service area due to the topography of the area. This area slopes generally northeasterly from elevation 790 to 750 at the SJCEDD2 boundary along Niespodziany Ditch. This inclusion would add 320 acres to the drainage basin, and would have to be evaluated carefully to determine how much available capacity remained in the downstream sewer along US 20. It appears the available capacity of the 30-inch sewer on US 20 would be the potential constraint limiting such a connection. Evaluation of the actual flows at the time of development would be needed to determine if actual flows were less than planned. Steeper slopes for additional capacity along US 20 was considered and rejected due to only minimal cover in the upper reaches of the sewersystem. Undeveloped areas north of SJCEDD2's boundaries north of US 20 could also eventually flow into the district, but were not included in this analysis. Similar to the areas west of Walnut Road, no other likely connection points for this area exists. There are no economic forces to draw development activity to those areas currently, but as available land within SJCEDD2 is developed there may eventually be demand for these areas to connect. Evaluation of the actual flows at the time of development would be needed to determine if actual flows were less than planned in the critical sewer link on US 20 west of Smilax Road. During this analysis it was noted that although adequate sewer capacity can be developed with the proposed sewers to serve all the designated areas within the District, there is a high probability that additional lift stations or potentially low pressure sewers may be needed to connect all areas. This is due to the relatively shallow connection point at US 20 and Smilax, which has an invert elevation only about 10 feet below grade. Using minimum grades and only negligible (0.05 feet) fall through manholes, the invert connection at the SJEC is only about 5.5 feet below grade, and gravity flow from Area P along Niespodziany Ditch is unlikely. Similarly, the northern edge of the District (Areas B, C, D, E, F, G and H) has low elevations, and the Taylor Ditch crossing will not permit gravity flow to the interceptor on US 20. Alternative sewer alignments/configurations north of US 20 may be considered to minimize pumping, but would likely be difficult to sequence construction. Due to the relatively shallow sewer depths, it is probable that even developments immediately adjacent to US 20 or Walnut Road may be required to pump into the sewer system via lift stations and force mains due to their site -specific design requirements. Ms. Jessica Clark DRAFT SJEC Cost Opinion & Sewer Analysis Page b 1 September 21, 2015 Conclusion The reported SJEC sanitary flow of 340,000 gpd will utilize approximately 8.2% of the capacity of the proposed 24-inch sewer along US 20, east of Walnut Road. The remaining sanitary sewer capacity of 3.795 MGD will then be available for continued development throughout the western and northern portions of SJCEDD2. However, it is important to reiterate that, even with the abundant amount of available capacity in the proposed 24-inch and 30-inch lines along US 20, the shallow depth of the receiving sewer at US 20 and Smilax Road will result in portions of the upstream reaches of the SJCEDD2 area needing to utilize lift station and force mains to convey their sanitary flows to the nearest gravity sewer lines. If there is any additional information that we may provide, or if you have any questions that we may be able to answer, please let us know at your convenience. Thank you for the opportunity to assist you and St. Joseph County with the development of this project, we appreciate your continued confidence. Sincerely, Kenneth P. Herceg, PE, LS Vice President Enclosures: As noted Copy: Andrew Kosteilney — St. Joseph County Bill Shalliol —St. Joseph County ; _�; � �aa a ma_ m/- cer»s»��*e _ w . "- . - - � � -- - - -- - - - - . amm #.eo_� w "«w __a!' a_ av_m-1'A_ mDae� e_« is§ § • & LU - ; § [ �\ )�k £§ tZ §#k § !E �e §§ \� ! 2 k k/ m ` ]k Tol � k© S Elz /§ ; ) � z�j m# k■ SEE k k ) � � } : § \k k§ � ,. .- J y ALd-I1avd 1N�wlv3ad. a3�vM 1noAVl oN€a1lnd3 1Vnia'amoo w = �_ p� m m 4 ., ... .__,..�_.., „_�_.,� __ _„_ .......�_ — ............. ......,__ ._.-.._.......,_.,_..,......,. ._ VNVIUNVA1Nnoo Hd3SW 1S ALillaVdAN3WIV3a.la3.LVMUNVa1313113M a31N3o A'Ja3N3 Hd3SGP IS S �, o u s a r n Exhibit C St. Joseph County Economic Development District No. 2 Costs Associated with the Proposed St. Joseph Energy Center (Note: Items 1,2,4 & 5 under each major category is to be paid by the St. Joseph Energy Center)` Sept. 21, 2015 Opinion of Cost Estimate Summa - 2016 Dollars No]l Project Description Est. Cost Comments Design Engineering Cost 1 Well Fields Development, Aquifer Analysis & Design $290,000 Some In Progress 2 Walnut Road Sanitary Sewer Extension (North to US 20) $95,000 3 Walnut Road & US 20 Water Main connection (West) $131,000 4 US 20 Sanitary Sewer Extension (East) $150,000 4a US 20 Water Main Extension (East) $154,000 5 New GS Water Treat. Plant on St. Joseph Energy Center Site $611,000 Total Cost = $1,431,000 Bidding Services 1 Well Fields, Pumps Piping & Enclosures $3,000 2 Walnut Road Sanitary Sewer Extension (North to US 20) $3,000 3 Walnut Road & US 20 Water Main connection (West) $3,000 4 US 20 Sanitary Sewer Extension (East) $3,000 4a US 20 Water Main Extension (East) $3,000 5 New GS Water Treat. Plant on St, Joseph Energy Center Site $8,000 Total Cost = $23,000 Construction Cost 1 Well Fields, Pumps Piping & Enclosures $2,205,000 12 MGD 2 Walnut Road Sanitary Sewer Extension (North to US 20) $1,346,000 3 Walnut Road & US 20 Water Main connection (West) $1,859,000 4 US 20 Sanitary Sewer Extension (East) $2,132,000 4a US 20 Water Main Extension (East) $2,192,000 5 New GS Water Treat, Plant on St. Joseph Energy Center Site $10,183,000 12 MGD Total Cost = $19,917,000 Construction Administration and Observation Cost 1 Well Fields, Pumps Piping & Enclosures $177,000 2 Walnut Road Sanitary Sewer Extension (North to US 20) $108,000 3 Walnut Road & US 20 Water Main connection (West) $149,000 4 US 20 Sanitary Sewer Extension (East) $171,000 4a US 20 Water Main Extension (East) $176 000 5 New GS Water Treat. Plant on St. Joseph Energy Center Site $815,000 Total Cost = $1,596,000 Other Project Costs 6 Permits - Sanitary $27,000 7 Permits - Water $27,000 8 ROW & Litigation (Lake Property & Walnut @ US 20) $21,000 33% San Sewer 9 ROW & Litigation (Lake Property & Walnut @ US 20) $43,000 67% Water 10 Existing (I/N Tek) Water Treatment Plant Upgrade $2,919,000 Total Cost - $3,037,000 Estimated Total Cost = $26,004,000 *Portion of Above Costs Anticipated to be Paid by the St. Joseph Energy Center = $18,321,000 Total Cost of Construction (Rounded to the nearest $1,000) Exhibit C-1 INITIAL CAPITAL COST ESTIMATE - Phase 1 Anticipated Construction Year: 2016 General Description This estimate includes costs for two (2) new wells that would supply water for Phase 1 of the WTP and includes the cost of the wells (pumps), valve vaults and well houses. Unit Cost Initial Cost ITEM Units Quantity ($) ($) Additional Well Development & Testing EA 2 78,000 156,000 Well Pumps & Piping Systems EA 3 110,000 330,000 Wellhouses EA 3 40,000 120.000 Welifield transmission mains 12" CL50 DIP LF 1,200 73 87,555 16" CL50 DIP LF 1,100 97 106,502 20" CL50 DIP LF 300 128 38,316 12" MJ 45 Bend EA 6 2,472 14,832 16" MJ 45 Bend EA 2 2,966 5,933 16" x 12" MJ-MJ Reducer EA 1 2,472 2,472 20" x 16" MJ-MJ Reducer EA 1 2,884 2,884 16" x 12" MJ-MJ Tee EA 1 5,356 5,356 20" x 16" MJ-MJ Tee EA 1 6,736 6,736 12" Butterfly Valve EA 3 7,622 22,866 20" Butterfly Valve EA 1 15,038 15,038 Subtotal 914,490 Contingency 20% 182,898 Subtotal (rounded to nearest $1,000) 1,097,000 Contractor Overhead & Profit 15% 165,O00 Total Construction Cost 1,262,000 Exhibit C-1 r INITIAL CAPITAL COST ESTIMATE - Phase 2 Anticipated Construction Year: 2017 General Description In Phase II, two (2) additional wells would be installed to supply the additional 6 mgd with new transmission mains required for each. Unit Cost Initial Cost ITEM Units Quantity {$) ($} Additional Well Development & Testing EA 2 78,000 156,000 Well Pumps & Piping Systems EA 2 110,000 220,000 Wellhouses EA 2 40,000 80,000 Welifield transmission mains 12" CL50 DIP LF 600 72 43,260 16" CL50 DIP LF 1,000 97 96,820 20" CL50 DIP LF 120 128 15,326 12" MJ 45 Bend EA 6 2,472 14,832 20" MJ 45 Bend EA 2 4,687 9,373 16" x 12" MJ-MJ Reducer EA 1 2,472 2,472 20" x 16" MJ-MJ Reducer EA 1 2,884 2,884 16" x 12" MJ-MJ Tee EA 1 5,356 5,356 20" x 16" MJ-MJ Tee EA 1 6,736 6,736 12" Butterfly Valve EA 2 7,622 15,244 20" Butterfly Valve EA 1 15,038 15,038 Subtotal 683,342 Contingency 20% 136,668 Subtotal (rounded to nearest $1,000) 820,000 Contractor Overhead & Profit 15% 123,000 Total Construction Cost 943,000 EXHIBIT C-2 St. Joseph County 2016 - OPINION OF CONSTRUCTION COST ESTIMATE Economic Development District No. 2 Walnut Road Sanitary Sewer Extension (From 1,900 ft. N. of Edison Rd - North to US 20) Sept. 21, 2015 1 !Con!ruction Engineering 1 LSUM $11,225.32 $11,225.32 2 ilization and Demobilization 1 LSUM $56,126.60 $56,126.60 3 Clearing Right of Way 1 LSUM $22,450,64 $22,450.64 4 Dewatering 1 LSUM $450,828.00 $450,828,00 5 Compacted Aggregate, No. 53 200 TON $34.99 $6,998.00 6 Compacted Aggregate, No. 73 213 Ton $28.98 $6,172.74 7 Milling, Asphalt, 1 1/4" 3,700 SY $2.58 $9,546.00 8 HMA, Surface, Type B 221 TON $90.17 $19,927.57 9 HMA, Intermediate, Type B 211 TON $69.77 $14,721.47 10 HMA, Base, Type B 422 TON $67.62 $28,535.64 11 PCCP Patching Full Depth 43 SY $223.27 $9,600.61 12 HMA for Approaches, Type B 200 TON $119.15 $23,830.00 13 Fertilizer 754 LBS $0.43 $324.22 14 Mulching Material 1.9 TON $431.51 $819.87 15 Seed Mixture U 142 LBS $6.44 $914.48 16 Field Office A 6 MO $2,093.13 $12,558.78 17 Pipe, Sanitary Sewer, 15-inch 1,130 LFT $68.70 $77,631.00 18 Pipe, Sanitary Sewer, 24-inch 1,824 LFT $75.14 $137,055.36 19 15` Sanitary Sewer Plug or Cap 1 EA $359.59 $359.59 20 Manhole, Sanitary, Standard, w/Casting, Complete 11 EA $3,649.56 $40,145.16 21 Maintaining Traffic 1 LSUM $11,225.92 $11,225.92 22 Jacked Pipe, 36-inch, w/ carrier pipe 480 LFT $574.27 $275,649.60 23 Sanitary Service Lateral, 6° PVC 2 EA $635.45 $1,270.90 24 Sign, Sheet, with Legend, 0.080" 12 SFT $24.69 $296.28 25 Railroad Protective Liability Insurance 1 LSUM $5,367.00 $5,367.00 Total = $1,223,580.75 Contingency (10%) = $122,358.07 Total Cost of Construction (Rounded to the nearest $1000) 1 1 1 $1,346,000,00 EXHIBIT C-3 St. Joseph County 2016 - OPINION OF CONSTRUCTION COST ESTIMATE Economic Development District No. 2 Walnut Road & US 20 Water Main Connection (So. of NSC Rail and on US 20) West Sept. 21, 201 1 Construction Engineering 1 LSUM $16,768.80 $16,768.80 2 Mobilization and Demobilization 1 LSUM $83,843.98 $83,843.98 3 r4 ClearingRight of Way1 LSUM $33,537.59 $33,537.59 Dewatering 1 LSUM $193,212.00 $193,212,00 5 HMA for Approaches, Type B 200 TON $119.15 $23,829.48 6 Fertilizer 2146 LBS $0.43 $921.41 7 Mulching Material 5.4 TON $431.51 $2,330.14 8 Seed Mixture U 403 LBS $6.44 $2,595,48 9 Field Office A 6 MO $2,093.13 $12,558.78 10 Maintaining Traffic 1 LSUM $16,768.80 $16,768.80 11 Pipe, Water Main, 10-inch, Ductile Iron 20 LFT $63.00 $1,260.00 12 Pipe, Water Main, 12-inch, Ductile Iron 258 LFT $64.98 $16,764.84 13 Pipe, Water Main, 16-inch, Ductile Iron 4866 LFT $97.46 $474,240.36 14 Jacked Pipe, 30-inch, wl carrier pipe 380 LFT $532.00 $202,160.00 15 Fire Hydrant Assembly 9 EA $7,406.46 $66,658.14 16 Butterfl Valve, 16-inch 11 EA $14,490.90 $159,399.90 17 16" x 16" x 6" Tee 9 EA $2,576.16 $23,185.44 18 22.5° 16" Bend 8 EA $2,254.14 $18,033.12 19 16" x 16" x 16" Tee 1 EA $3,864.24 $3,864.24 20 16" x 12" Reducer 1 EA $1,824.78 $1,824,78 21 45' 12" Bend 2 EA $1,395.42 $2,790.84 22 Sign, Sheet, with Legend, 0.080" 12 SIFT $24.69 $296.26 23 Pressure Reducing Station 1 LSUM $118,074,00 $118,074.00 24 16" x 16" x 16" Tapping Sleeve wl Valve and B 3 LSUM $26,835.001 $80,505.00 25 Railroad Protective Liability Insurance 1 LSUM $5,367.001 $5,367.00 26 Water Meter Pit (Fittings Valves Etc) 1 LSUM $128,808.001 $128,808.00 Total = $1,689,598.37 Contin enc (10%) $168,959.84 Total Cost of Construction (Rounded to the nearest $1000) 1 1 $1,859,000.00 EXHIBIT C-4 St. Joseph County 2016 - OPINION OF CONSTRUCTION COST ESTIMATE Economic Development District No. 2 US-20 Sanitary Sewer Extension (Walnut Rd. to Smilax Rd.) Sept. 21, 2015 e ■- � a 18 ` • 1 Construction Engineering 1 LSUM $17,779.44 $17,779.44 2 Mobilization and Demobilization 1 LSUM $88,897.21 $88,897,21 3 ClearingRi ht of Way 1 LSUM $35,558.88 $35,558.88 4 Curb, Remove 140 LFT $15.03 $2,103.86 5 Pipe, Remove 7308 LFT $7.51 $54,910.85 6 Dewaterin 1 LSUM $590,370.00 $590,370.00 7 Compacted Aggregate, No. 53 67 TON $41.86 $2,804.79 8 PCCP Patching Full Depth 360 SY $223.27 $80,376.19 9 Combined Concrete Curb & Gutter 140 LFT $34.35 $4,808.83 10 HMA for Approaches, Type B 67 TON $140.62 $9,421.23 11 PCCP for Approaches, 6" 40 SY $48.30 $1,932.12 12 Seed Mixture U 450 LBS $6.44 $2,898.18 13 Fertilizer 2370 LBS $0.43 $1,017.58 14 Mulching Material 5.92 TON $431.51 $2,554.52 15 Pipe, SanitarySewer, 8-inch 20 LFT $48.30 $966.06 16 Pipe, Sanita Sewer, 24-inch 2004 LFT $75.14 $150 576.55 17 Pipe, Sanitary Sewer, 30-inch 5643 LFT $86.95 $490,632.89 18 Manhole, Sanitary, Standard, w/Casting, Comple 7 EA $3,864.24 $27,049.68 19 Manhole, Sanitar y, Type B, wlCastin ,Com fete 15 1 EA $4,830.30 $72,454.50 20 Manhole, Sanitary, Drop, w/Casting, Complete 1 EA $8,587.20 $8,587.20 21 Maintaining Traffic 1 LSUM $17,779.4411 $17,779.44 22 Jacked Pipe, 36-inch, w/ carrier pipe 296 LFT $622.0011 $184,112.00 23 Jacked Pipe, 42-inch, w/ carrier pipe 110 LFT $757.0011 $83,270.00 24 Sanitary Service Lateral, 6" PVC 7 EA $858.72 $6,011.04 25 Connection to Existing Structure 1 EA $1,073.40 $1,073.40 Total = $1,937,946.47 Contingency (10%)= $193,794.65 Total Cost of Construction (Rounded to the nearest $1000) 1 $2,132,000.00 EXHIBIT C-4a St. Joseph County 2016 - OPINION OF CONSTRUCTION COST ESTIMATE Economic Development District No. 2 US 20 Water Main from Walnut Rd. to Smilax Rd So. of US 20 18.201 1 Construction Engineering 1 LSUM $15,401.00 $15,401.00 2 Mobilization and Demobilization 1 LSUM $75,210.00 $75,210.00 3 r4 ClearingRight of Way1 LSUM $25,000.00 $25,000.00 Dewatering 1 LSUM $450,000.00 $450,000.00 5 HMA for Approaches, Type B 100 TON $119.15 $11,914.74 8 PCCP Patching Full Depth 120 SY 223.27 $26,792.40 6 Fertilizer 2400 LBS $0.43 $1,030.46 7 Mulching Material 6 TON $431.51 $2,589.04 8 Seed Mixture U 470 LBS $6.44 $3,026.99 9 Field Office A 4 MO $2,093.13 $8,372.52 10 Maintaining Traffic 1 LSUM $15,401.00 $15,401.00 11 Pipe, Water Main, 10-inch, Ductile Iron 20 LFT $63.00 $1,260.00 12 Pipe, Water Main, 12-inch, Ductile Iron 30 LFT $64.98 $1,949.40 13 Pipe, Water Main, 16-inch, Ductile Iron 8930 LFT $97.46 $870,317.80 14 Jacked Pipe, 30-inch, wl carrier pipe 220 LFT $532.48 $117,145.60 15 Fire Hydrant Assembly 23 EA $7,406.46 $170,348.58 16 Butterfly Valve, 16-inch 9 EA $14,490.90 $130,418.10 17 16" x 16" x 6" Tee 7 EA $2,576.16 $18,033.12 18 22.50 16" Bend 6 EA $2,254.14 $13,524.84 19 16" x 16" x 16" Tee 1 EA $3,864.24 $3,864.24 20 16" x 12" Reducer 1 EA $1,824.78 $1,824.78 450 12" Bend 1 EA $1,395.42 $1,395.42 H2223 Sign, Sheet, with Legend, 0.080" 12 SFT $24.69 $296.26 16" x 16" x 16" Tappinq Sleeve wl Valve and Bon 1 LSUMI $26,835.00 $26,835.00 Total = $1,991,951.29 ]Contingency (10%) = $199,195.13 Total Cost of Construction (Rounded to the nearest $1000 $2,192,000.00 Exhibit 0-5 INITIAL CAPITAL COST ESTIMATE - Phase 1 Anticipated Construction Year: 2016 General Description This estimate includes costs for a greensand filter assembly consisting of two 3-cell 10' x 35' vessels. The filters will provide iron and manganese removal for up to 6 mgd of well water at a flltration rate of no more than 6 gpmisq ft. Ancillary process equipment items such as hypochlo€ite storage, chlorine metering pumps, and blowers for air scour are included, as well as a 600K gallon steel filtered water storage tank and (2) filtered water pumps to supply finished water to the customer. A treatment process building is included to house all process equipment. Filter backwash will be sent to a backwash wastewater lagoon. Backwash waste drained from the lagoon to a wetwell will be pumped to the City of South Bend's sewer system. Unit Cost Initial Cost ITEM Units Quantity M M Arch itecturallStructural Earthwork 158,773 Concrete 122,237 Buildings 468,650 Greensand Filtration Assembly with Media LS 1 1,294,556 1,294,556 Filtered Water Tank (600K gallons) EA 1 798,250 798,250 Filtered Water Pumps EA 2 216,300 432,600 Filtered Water Transmission Mains 20" CL50 DIP LF 400 128 51,088 Blowers EA 2 27,810 55,620 Chemical Unloading Station LS 1 15,000 15,000 Hypochlo€ite Storage Tank (9000 gallons) Ea 1 24,720 24,720 Hypochlorite closing Dual Pump Skid EA 1 30,900 30,900 Backwash Wastewater Lift Station EA 1 154,500 154,600 Wastewater Transmission Main 6" CL50 DIP LF 2,000 64 127,685 Subtotal 3,734,577 Site Civil % 3% 164,761 Process -Mechanical Piping Systems % 10% 540,203 Plumbing % 2% 109,841 HVAC % 2% 109,841 Electrical % 8% 439,362 Instrumentation and Controls % 7% 384,442 Subtotal 5,492, 025 Contingency 20% 1,098,405 Subtotal (rounded to nearest $1,000) 6,590,000 Contractor Overhead & Profit 15% 989,000 Total Construction Cost 7,679,000 Exhibit C-5 INITIAL, CAPITAL COST ESTIMATE - Phase 2 Anticipated Construction Year: 2017 General Description In Phase II, two (2) additional greensand filtration vessels would be installed to double the plant capacity to 12 mgd. One additional filtered water pump would be installed to double finished wafer pumping capacity while retaining one standby unit. Unit Cost Initial Cost ITEM Units Quantity ($} {$) Architectural/Structural Earthwork 15,381 Greensand Filtration Assembly with Media LS 1 1,294,556 1,294,556 Filtered Water Pumps EA 1 216,300 216,300 Subtotal 1,547,002 Civil % 3% 56,598 Process -Mechanical Piping Systems % 5% 94,329 Electrical % 5% 94,329 Instrumentation and Controls % 5% 94,329 Subtotal 1,886,587 Contingency 20% 377,317 Subtotal (rounded to nearest $1,000) 2,264,000 Contractor Overhead & Profit 1.9% 340,000 Total Construction Cost 2,604,000 Exhibit D LEGEND E%ISTIHG SANITARY SEWER FUTl1RE EANTIARY EEiYER uuinrrurunuiuriu.+ri EXISTING. FORCE MAIN SANITARY SEWER uuuuriuuuiurnuu�u nnuRE FORGE MAW GANFFARYGEIYFR .. EXISTING WATER FLAN FUWRE%YAM MAW EXISTRIC LTfT STATION FUTURE IIrT STATION ;; .;m: c,:-:.s L%,Lt?; olsWlcT W. TwO(t sARo AQ o Pi A exa DEVELOPED AREAS PRESSURE R✓'PUCING VALVE STATION r'-1coQ' Sewer Drainage Area Boundary Area Identifier "00" Ac Area Size in Acres SANITARY SEWER SIZING REVIEW 8/28/15 SANITARY SEWER & WATER M.A.S . M 1738i INFRASTRUCTURE IMPROVEMENTS xPA « ST. JOSEPH COUNTY ECONOMIC }]DONC?HUF HERCEG W DEVELOPMENT DISTRICT 2 05.o Exhibit E Sewer Capacity Calculations Energy Center to Existing 30" Sewer At US 20 and Smilax Road 28-Aug-15 Section Area Flow in MGD @ 22000PD/AC Peak Flow Peaking Factor Method in MGD Sewer Size (Pia In Inches) Sewer Slope (ft/fti Capacity in MGD Current Size Shown Recommended Size Walnut- Edison to RRTracks Energy Center q p 100 120 60 0.34 0.264 0.132 0.736 3.086 Ten States 2.000 Flat Rate Nana 2.271 1,412 0.736 15 0.0015 1.617 .4 -4-4 18 0.0012 2.352 21 0,001 3.238 Walnut - RR Tracks to US 20 O (limited) 1 L Plus Walnut - Edison to RR Tracks 70/2 45 30 0.077 0.099 0.066 0.736 0.978 2.964 Ten States 2.000 Flat Rate None 2.899 1.956 0.978 18 0.0012 2.352 21 0.001 3.238 24 0.0008 4.135 -4 -4-4 US 20 - West of Walnut A 1([imfted) 80 45/2 0.176 0.050 0.226 3.545 Ten States 2.000 Flat Rate None 0,799 o,451 0.2255 12 0.0022 1.080 15 0.0015 1,617 4 -4 A 18 0.0012 2.352 Walnut- North of US 20 8 C 80 60 0.176 0,132 0.309 3.433 Ten States 2.000 Flat Rate None 1.057 0.616 0.309 12 0,0022 1480 t AA 15 0.0015 1.617 18 0.0012 2.352 US 20 - Walnut to Spruce 0 K M Plus Walnut- North of US 20 Plus US 20- West of Walnut Plus Walnut - RR Tracks to US 20 40 25 40 0.088 0.055 0,088 0,308 0.2255 0.978 1.7425 2.713 Ten States 2.000 Flat Rate None 4.727 3.485 1.7425 24 0.0008 4.135 .4 t A 27 0.00067 5.181 30 0.00058 6.384 Spruce - North of US 20 E F 60 60 0.132 0,132 0.264 3.489 Ten States 2.000 Flat Rate None 0.921 0.528 C.264 12 0.0022 1,080 15 0.0015 1,617 4 18 0.0017 2,352 US 20-Spruce to Smi€ax7 G H N Plus Spruce- North of US 20 Plus US 20- Walnut to Spruce 170 80 160 1210 0.374 0.176 0.352 0.264 1.7425 2.9095 2.490 Ten States 2.000 fiat Rate None 7.244 5.817 2.9085 27 30 36 0.00067 0,00058 0.00016 5.181 6.384 9.245 l EXHIBIT B DEPICTION OF SERVICE AREA %E S III k EXHIBIT C DEPICTION OF SEWER INFRASTRUCTURE tloz'et Aerv u 0 6Jotabed 321f113f]N15'C2f.�Nl a3M3S A214'llNtiS o30N31X3 02E 1fEN�tlM'8 UZ-Sft 3 n HONO© cc ..0.. AalHXA h g' tih I Y" uN n us ao 3 � I f I 1 ; J i I ,I I 11' j i I r n ( a , I 3 p I � I ��'�2'•�9H 'SS,ly3�. I +I _ I z� I I 1,I I I I I I Is I I �I t :I I a I I •i I I I � . I J .p — AUKinAE 25i+611N _. _3 I NAT ILiE tuc a.ecv 0 41NVS(i c n21f1Jof12i.4StltI�Nl 213M35 A2ltllI�ib'S ©30N31X3 ©211E1N'1tlM 9 OZ-Sfl anHONOa 911�IH7(3 �0 4loEaS 3i �HONOG C� 32!(]lol12I1Sb'23�NI i13M35 ALItfiINtlG36N31X3 Uii 1f1NltlM 9 8Z-Sfl .,0..1 EIIHX�l I I; o. I _ RI I I.- I - aI Is 81 f is I I 5 I �f r ll Dt'81 VEW �o ea �21f11ofi2ii5tlLiNl 21�M�S 121tliINVS NtlS ❑3aN31X3 ail 1f1N"itlM 8 QZ•S[1 m4oNoacc „a,, IISIHX3 0 A, I � W I � I b I� � Ilk .lP.IXS V 4.. { o I LINE A 0 EXHIBIT D MAINTENANCE BOND BOARD OF COMMISSIONERS ST. JOSEPH COUNTY, INDIANA, ROAD - CONSTRUCTION CONTRACT THIS AGREEMENT MADE and entered into this 2nd day of AUGUST , 2016 between SELGE CONSTRUCTION CO. INC. , hereafter called the "Contractor" and the Board of County Commissioners of St. Joseph County, Indiana, hereinafter called the `.`Board or Commission". WITNESS TO: That the Contractor.covenant and agrees to make the following improvements as fully set out in the Notice to Bidders, Standard Specifications, Special Provisions, Plans and/or Bid Proposal for: PROJECT NO.: R&S 91601/2-1 DESCRIPTION: NCDA- SANITARY SEWER & WATER IMPROVEMENTS COMPLETION DATE: SUBSTANTIAL COMPLETION MAY 1 2017 289 CALENDAR DAYS FOR ACCEPTANCE FOR FINAL PAYMENT THE unit prices for this improvement were those prices as received and accepted by the ST. JOSEPH COUNTY BOARD OF COMMISSIONERS. In the event the Contractor fails or refuses to complete all improvements as fully set out in the Notice to Bidders, Standard Specifications, Special Provisions, Plans and/or Bid Proposal, then the Contractor is in default of this Contract. The Board shall notify .in writing the Contractor in default and shall have the right to execute the performance bond to complete the.contract. THAT the Contractor further agrees to guarantee the materials and workmanship against any defects during the contract through a Performance Bond and a Maintenance Bond for A period up to three (3) years from the date of final acceptance of this improvement by the Commission. Upon written notice from the Commission the Contractor will remove and replace with no cost to the Commission, anydefective workmanship or materials which may appear within the warranty period and pay for any.damage. to other property caused by this defect. THAT Contractor further guarantees to any subcontractor, and their successors and assigns for the payment of any indebtedness to a person for labor and services performed, materials furnished, or services rendered through a Payment Bond that may not be released until one (1) yr after the Board's final settlement with the Contractor. THAT the Contractor further agrees to notify the Engineer when this improvement is complete. This notification shall be in the form of a Completion Affidavit, signed by the Contractor. Upon final acceptance of the improvement by the Engineer the Contractor's final estimate will be presented to the Commission for final payment. The Commission will retain the Maintenance Bond containing the warranty. BOARD OF COMMISSIONERS 0L� Y RI .SI NT -- Andrew T. Kostielney VICE PRESIDENT — Dave Thomas i Mborah A, Fleming, D D. ATTEST:ArA (--' UDITOR — Michael J. Hamann CONTRACTOR _Selge Construction Co., Inc. (2� S' ture .lames Boyles, Vice President TITLE CERTIFICATION (To be completed by Contractor of a Corporation]. I Vicki A. Priest certify that I am the Secretaryof the corporation named as Contractor herein: that ,lames Boyles who signed this Agreement on behalf of the Contractor was then said corporation; that said Agreement was signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. INSURANCE FORMS RECEIVED selg construction Co., lnc. Corporation Binder Seat & SEWER - CONSTRUCTION BOARD OF COMMISSIONERS Bond No. INC6=6 ST. JOSEPH COUNTY, INDIANA PAYMENT BOND (PUBLIC WORKS) SOW ALL MEN BY THESE PRESENTS THAT WE, —Selge Construction Co., Inc., 2833 S. 11`h Street, Niles , MT 49T20_, (Contractor Narne & Address) hereafter called the Principal and Merchants Bonding Company (Mutual), 6700 Westown Parkway, West Des Moines, Iowa, 50266 (Surety Company Name & Address) hereafter called the Surety, are held and firmly bound unto the Board of Commissioners, St. Joseph County, Indiana, hereinafter called the Commission, in the amount of 100 percent of the contract bid amount which is the penal sum of _Four Million, Three Hundred Forty Eight Thousand, Three Hundred seventy Bight and twelve cents [$4,348,378A21 for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above Principal did on this day, _2"d of August, 2016_, enters into a contract with the Commission for Project Description: R&S 9160172-1: NEW CARLISLE DEVELOPMENT AREA -- WATER & SEWER IMPROVEMENTS which said contract is made a part of this Bond the same as though set forth herein. NOW, THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by him to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, and their successors and assigns, materials, men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract. This Payment Bond is for the benefit of the subcontractors, laborers, material suppliers, and those performing services and we agreeing, and assenting that this undertaking shall be for the benefit of any material, man or laborer having a just claim as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. The said Surety, for value received, hereby stipulates and agrees that any modification, omission, change, extension of time, alteration or addition to the terms of the contract or the work to be performed hereunder or the plans, drawings, and specifications accompanying the same; or defect in the public work contract; or a defect in the proceedings preliminary to the letting and awarding of the public works contract does not discharge the Surety and shall in any way affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications. Signed, sealed and acknowledged in the presence of Solge Constructs. n Co., Inc. Cunt ctor James 8g i s, Vice President Merchants Bonding Company (Mutual) A —OWiu�esses , rety J. Kevin Hughes, Aitorney-i " "act BOAD OF COUNTY COM TONERS: 1 j{ T — Andrew T Kosdulney V CE PRESIDENT -- Dave Thomas MEMf3ER — Deborah A:'Fleitting, D,M.D ATT .,ST: AUDITOR Michael J. Hamann MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporaltons of the State of Iowa (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Connie J Messer; Dawn M Pequignot; Elaine K Miller; Harold E Everett; J Kevin Hughes, Jada M Karst; Marie E Comparet; Melody S Hoeri; Thomas J VanDyck; Tom McGovern their true and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver on behalf of the Companies, as Surety, bonds, undertakings and other written obligations In the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: FORTY MILLION ($40,000,000.00) DOLLARS This Power -of -Attorney Is granted and is signed and sealed by facsimile under and by authority of the following fay -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -In -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof," "The signature of any authorized officer and the seal of the Company may be affixed by racsimite or electron€c transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations In favor of the Florida Department of Transportation only, It Is agreed that the power and authority hereby given to the Attorney -in -Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It Is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor and/or Its assignee, shall not relieve this surety company of any of Its obligations under Its bond. In connection with obligations In favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney -in -Fact cannot be modified or revoked unless prior written personal notice of such Intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. 'In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 10th day or August 20163 „„r,Nrrpr�q' '`•��`' MERCHANTS BONDING COMPANY(MUTUAL) `'��1 jO : 0�10,N�'`• MERCHANTS N O , ATI NAL BONDING INC, 4,•�. 1933 it t STATE OF IOWA n�f,ugiy,,,�` •`•• • • .. •'• COUNTY OF Dallas ss, President On this 1 Oth day of August 2016 , before me appeared Larry Taylor, to me personally known, who being by me sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC_; and that the seals affixed to the foregoing instrument are the Corporate seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. WENDY WOODY v Commission Number 784654 z My Commission Expires /owp- June 20 2017 1VotaryPubt County, lows (Expiration of notary's commission does not Invalidate this Instrument) I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL RO€r'DtNG, INC„ do hereby certify that the above and foregoing is a true and correct copy of the POWER -OF -ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of September 2,116 secretary POA 0014 (6115) �acoRo� CERTIFICATE CIF LIABILITY INSURANCE DATEIMId9/16/2016I016Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pol€cy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In ffeu of such andorsement(s). PRODUCER Gibson Insurance Agency, Inc. NAME: T Stacy Christlieb PHONE (BOO) B14-2122 C Na; (0001836-2122 130 S Main St, Ste 400 ooAEs,schristlieb@gibsonins.com INSURER 5 AFFORDING COVERAGE NAIC If PO Box 11177 South Bend IN 46601--0177 INSURER AAZ6riSuke Ins CO 194BB INSURED INSURER B.Travelers Prop Cas Co of Amer 25674 INSURERC: Selge Construction Co Inc 2833 S 11th St INSURERD: IN90RERE: INSURER F : Niles MI 49120-4421 COVERAGES CERTIFICATEA€tIMRFR-08-31-16/17 Liability RFVIRIOMM11KARFR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IIN.iR TYPkOFINSORANCE O G UMBER POLIOYEFF P P LIMITS X COMMERCIAL GENERAL LIABILITY EACHOCCORRENCE S 1,000, 000 DAMAOE TO RENTED PREMISES EaoccUrcance S 300,000 A CLAIMS -MADE a OCCUR X MEDEXP(Anyone, poison j S 1D,000 XCU CPPRO902400101 8/3112016 0/31/2017 Contractual LiabilityPERSONAL&ADVINJURY $ 1.,000,000 X UMITAPPLIES PER: GENERAL AGGREGATE 3 2,OOD, 000 GEN'LAGGREGATE POLICY N JEC n LOG PRODUCTS - COMPIUPAGG $ 2,OOD,000 _ $ OTHER: AUTOMOBILE LIABILITY COMBINED 810Lt aMIT (En accldenl $ 1,000,000 80tHLY INJURY (Per person) $ A X ANY AUTO BODILYINJURY(Peraccident) S ALL AUTOS AUTOSULED CA20982410101 0/31/2016 8/31/2017 NON -OWNED X HIRED AUTOS fX AUTOS PROPER? DAMAGE Per accident S _ S X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10 000 OOO AGGREGATE S l0 000 000 A EXCESS LIAR CLAIMS -MADE DED I X I RETENTIONS 0 g ICO20982430101 8/31/2016 8/31/2017 1 WORKERS CCMPENSATIO14 X TA7lJTE OT YIN AND EMPLOYE"' LIABILITYANY E.LEACHACaoENT _ S v 500 Q0U PROPRIETOMPARfNERrtXECUTNE NIA EL OfSEASE - EA FMPLOYSI S 500 000 A OFFtCEMMEMBER EXCLUOED7 (Mandatory In NH) WC20982a401 0/31/203.6 8/3L/2017 If yyes d"enbeunder DESCRIPTION OF OPERATIONS baTw, E.L DISEASE - POLICY LIMIT $ 500 000 * Excena Umbrella ZUP1180085016 8/31/2016 6/31/2017 Each Occurrence $131000,000 Aggregate $13, 000 , D00 DESCRIPTION OF OPERATIONS t LOCATIONS 1 VENCLES (ACORD 101, Additional Remarks Schock le, may be attached If more apace Is regUlredE Certificate holder, Chicago South Shore and South Bend are additional insured with respect to general liability and auto liability coverages regarding work performed by the insured. Norfolk Southern Railway Company Three Commercial Place Norfolk, VA 23510 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLFDBEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ins Agency/ELLIE Jew ©1988.2014 ACORD CORPORATION. All rinhts resarvarl_ ACORD 26 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 imunll ROAD, WATER & SEWER — CONSTRUCTION BOARD OF COMMISSIONERS ST, JOSEPH COUNTY, INDIANA MAINTENANCE BOND (PUBLIC WORKS) KNOW ALL MEN BY THESE PRESENTS THAT WE, _Selge Construction Co., Inc., 2833 S. I lo' Street, Niles, MI 49120_, (Contractor Name & Address) hereafter called the Principal and (Surety Company Name & Address) hereafter called the Surety, are held and firmly bound unto the Board of Commissioners, St, Joseph County, Indiana, and the Civil City of South Bend, Indiana, hereinafter called the Commission, in the amount of 10 percent of the contract bid amount for the sanitary sewer and applicable lump sum items which is the penal sum of Two Hundred Nineteen Thousand, Eight Hundred Twenty -Five and No Cents [$219,825A01_ for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that whereas the above Principal did on this day, _August 2, 2016, enters into a contract with the Commission for Project Description: R&S 91601f2-1: NEW CARLISLE DEVELOPMENT AREA --- WATER & SEWER IMPROVEMENTS which said contract is made a part of this Bond the same as though set forth herein. NOW, THEREFORE, if the said Principal shall well and faithfully do and perform the things agreed by him to be done and performed according to the terms of said contract, and shall pay all lawful claims of subcontractors, materials, men and laborers, for labor performed and materials furnished in the carrying forward, performing or completing of said contract, and furthermore warranting and guaranteeing the workmanship and material in this improvements for a period of time established herein, for a period of three (3) years from the date of final acceptance, and as provided in the contract, we agreeing, and assenting that this undertaking shall be for the benefit of any material, man or laborer having a just claim as well as for the obligee herein, then this obligation shall be void, otherwise the same shall remain in full force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall in no event exceed the penal amount of this obligation as herein stated. The said Surety, for value received, hereby stipulates and agrees that no change, extension oftime, alteration or addition to the terms of the contract or the work to be performed hereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, an it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. Signed, sealed and acknowledged in the presence of Contractor Witnesses BOARD OF COUNTY COMMISSIONERS: PRESIDENT —Andrew 1'. Kostielney VICE PRESIDENT --Dave Thomas MEMBER — Deborah A. Fleming, D.M.D. By: Surety—��--�- ATTEST: AUDITOR -- Michael J. Hamann