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Home My WebLink AboutRestated and Amended Addendum No 2 - St Joe County Regional Sewer and Water District - Carraige Hills Sewer Service1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SO[ ITH BEND. INDIANA 46601-1 930 �Ga7� PEACE �.. ar �t 1865 CITY OF BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 9, 2019 Don Smessaert St. Joseph County Regional Sewer and Water District 7th Floor, County -City Building RE: Restated and Amended Addendum No. 2 Dear Mr. Smessaert: PHONE 574/235-9251 FAx 574/235-9171 The Board of Public Works, at its meeting held on July 9, 2019, approved the above referenced addendum regarding the establishment of sewer service for the Carriage Hills sub -district. Enclosed please find the original of the addendum for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, rf� � z'( Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU CARRIAGE HILLS SUBDIVISION SUB -DISTRICT PROJECT AMENDED AND RESTATED ADDENDUM NO.2 TO THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA Project Name: CARRIAGE HILLS SUBDIVISION SUB -DISTRICT Original Date: March 28, 2017 Amended and Restated Addendum No. 2 date: July w 1-01 (Application to each service area project by exhibits approved by respective boards) THIS AMENDED AND RESTATED PROJECT ADDENDUM NO. 2 (as amended and stated, the "Project Addendum No, 2"') is Mutually agreed to and made effective the . . day of July, 2019 (the "Effective Date"), by and betwccn the St. Joseph County Regional Water & Sewer District (the "District"), and the City of South Bend, Indiana acting by and through its Board of Public Works ("South Bend"). RECITALS WHEREAS, THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEP1J COUNTY REGIONAL WATER & SEWER DISTRICT AND THE CITY OF SOtiTI-1 BIND, INDIA NA„ was amended and restated on July �I'll, 2019 (as amended and restated, the "Master Agreement'), and such Master Agreement specifically allows for a Project Addendum (as defined in the Master Agreement) to define and address certain project specific issues; and WHEREAS, the District desires to facilitate the connection to sanitary sewers of certain real properties within or contiguous to the Carriage Hills Subdivision ("Carriage Hills"), as set forth in the Project Area Boundary Map as shown in Exhibit "A" ("Project Area); and WHEREAS, the District desires b sanitary sewers of certain real properties, Users") that are within the Project Area; and immediately facilitate the connection to as shown in Exhibit "B" ("Map of Initial WHEREAS, South Bend owns and operates a wastewater treatment plant ("WWTP") with a capacity currently capable of accepting wastewater from its present customers and the estimated number of customers to be served in the Project Area; and WHEREAS, South Bend is agreeable to accepting wastewater from the District and the Project Area and to process and dispose of same; and WHEREAS, the District has applied for a loan through the United States Department of Agriculture Rural Development Loan Program (the "USDA") to facilitate the cost of construction of a wastewater collection system (the "System") in the Carriage Hills Subdivision Sub -District (the "Sub -District"); and WHEREAS, the District intends to issue revenue bonds of the District (the "Bonds") payable from the revenues of the District collected within the Sub -District and USDA will purchase such Bonds to evidence a loan to the District for the purpose of making certain improvements within the Project Area; and WHEREAS, the District and South Bend previously entered into Project Addendum No. 2 dated as of March 28, 2017 in connection with the Project Area ("Original Addendum No. 2"); and WHEREAS, the USDA requires that this Amended and Restated Project Addendum No. 2 comply with 7 C.F.R 1780.62 and 1780.63 (collectively, the "Federal Regs."); and WHEREAS, the District and South Bend desire to amend and restate the Original Addendum No. 2 to comply with the Federal Regs. and to address other terms related to the financing of the Project by the District; NOW, THEREFORE, in consideration of the mutual promises and obligations in the Master Agreement and this Amended and Restated Project Addendum No. 2, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. AGREEMENTS OF THE PARTIES. A) The District has advertised and received bids for the construction of a wastewater collection system (the "System") and, upon the USDA's purchase of the Bonds, will construct a wastewater collection system within the Project Area which shall be adequate to service customers within the Project Area. B) South Bend agrees to accept District as a contract customer for the purpose of providing sanitary sewer service to the District's customers within the Project Area of the Sub -District for a term not less than the repayment term of the Bonds, which is expected to be forty (40) years from the date of issuance of the Bonds. In consideration for providing sanitary sewer service to the District's customers within the Sub -District, South Bend shall collect a fee equal to the sewer rates described in K) below. C) South Bend represents that it will, at all times, operate and maintain its WWTP in an efficient manner. There is sufficient capacity in the WWTP to receive and treat the additional daily flow from the Project Area. In the unlikely event of a temporary or partial failure of the South Bend's waste water treatment service, such temporary or partial failure shall be remedied with all possible dispatch. The service level provided to the Project Area shall be reduced or diminished in the same proportion as services to South Bend's other customers. D) South Bend agrees to allow the District to connect to existing sanitary sewers owned and operated by South Bend at the connection points described below: 1. Proposed connection of 8" to existing 10" VCP Sanitary at the intersection of Briarcliff Lane and Darden Road with an estimated flow of 11,470 gpd and peak flow of 45,880 gpd 2. Proposed connection of 10" to existing 10" PVC Sanitary at the intersection of Ironwood Rd, 240 ft. North of Crownhill Drive with an estimated flow of 41,540 gpd and a peak flow of 166,160 gpd. The existing 10" pipes increase to 12" following the proposed connection to the Project Area. E) The District has determined there are no industrial users in the Sub -District, therefore the District will not be required to adopt and manage a pretreatment program as set forth in paragraph B.v.l. of the Master Agreement. If an industrial user does request to connect to the system within the Sub -District in the future, the District will comply with the terms of paragraph B.v.1. prior to allowing the industrial user to connect to the system. F) All users not already current water user customers of South Bend will be required to have water and or well -water meters to measure their domestic water usage. Further, the meter shall meet the current specifications of South Bend and include a "remote read" feature. G) South Bend reserves the right to review the District's plans for its initial phase of the System to serve the immediate users and determine and approve the plans as acceptable for connection to South Bend's wastewater collection and treatment system. H) The District will require that the System be designed and constructed pursuant to the Indiana Department of Environmental Management ("IDEM") permit issued for the project. 3 I) The District has adopted a sewer use ordinance, a copy of which has been provided to South Bend. Upon the request of South Bend, the District agrees to amend its sewer use ordinance to be consistent with South Bend's existing sewer use ordinance. J) During the term of this Project Addendum No. 2, South Bend will operate, maintain and monitor, and repair the System and address all emergency response calls as well as provide utility locate services (currently known as Indiana811). South Bend will properly report and document any release or backup to the Indiana Department of Environmental Management, and/or other agencies as required, any conditions related to the System that are in violation of federal, state or local laws or regulations, including, without limitation, unauthorized discharges, releases, or overflows from the collection system. South Bend shall concurrently provide to the District a copy of any reports submitted hereunder. K) South Bend agrees to provide billing services for each residential customer within the Sub -District. The District and South Bend shall enter into a billing services agreement at least 90 days prior to the date the first Sub - District bill is due. Each month South Bend will charge and collect from each residential customer within the Sub -District a monthly rate equal to: (i) the then current standard monthly rate charged by South Bend to each of its residential customers under Section 17-21 of the South Bend Municipal Code, as may be amended from time to time, which rate is included in Ordinance No. 2019-01 adopted by the District on June 3, 2019 in connection with the Sub -District (the "District Rate Ordinance"), less a credit equal to an amount as established by the formula set forth in and attached hereto as Exhibit "C" (collectively, the "South Bend Treatment Revenues"), plus (ii) all charges owed to the District by such customer within the Sub - District, including without limitation the amount due to the USDA for principal and interest payable on the Bonds and all administrative fees and expenses, established in the District Rate Ordinance, as may be amended from time to time (collectively, the "District Rate Revenues"). Section 17-21 of the South Bend Municipal Code and the District Rate Ordinance are each incorporated by reference herein and made a part hereof as if fully set forth herein. In the event that South Bend adopts an increase to the sewer rates described in (i) above, the District shall immediately proceed to adopt an amendment to Ordinance No. 2019-01. However, any such increase in rates shall be 0 based on the "just and equitable rates and charges" requirement under Indiana Code 13-26-11-8 and all other applicable requirements under Indiana Code 13-26. L) In order to pay the principal and interest due and payable on the Bonds, South Bend shall transfer the District Rate Revenues to the District by the 151h of each month following the month of collection. In addition, South Bend shall provide the District with a report showing the total amount of current and past due District Rate Revenues collected for each customer of the Sub -District. M) South Bend agrees to obtain usage information (meter readings) from all the users within the Project Area and on a not less than annual basis provide such usage information to the District, including a detail of the usage information for each user in the Project Area. N) The "monthly credit" referenced in Exhibit "C" attached hereto contemplates and includes any system development charges owed to South Bend for connection to South Bend's sewer system as described under Section 17-79 of the South Bend Municipal Code, as may be amended from time to time, and shall represent the assumed collection system net value remaining after the Bonds are retired. O) For so long as the Bonds are outstanding and owned by the USDA, this Project Addendum No. 2 is hereby pledged as security for the payment of principal and interest on the Bonds. II. MISCELLANEOUS PROVISIONS. A. Recordation. This Project Addendum No. 2 to the Master Agreement shall be recorded by South Bend in the Office of the Recorder for St. Joseph County, Indiana. B. Defined Terms. Capitalized terms used herein and not otherwise defined herein shall have the meaning ascribed to them in the Master Agreement. (Signature page follows) 5 IN WITNESS WHEREOF, the Parties hereto have caused this Project Addendum No. 2 to the Master Agreement to be executed as of the day and year first above written. BOARD OF TRUSTEES, ST. JOSEPH COUNTY REGIONAL WATER AND SEWER DISTRICT President ATTEST: Secretary CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC W RKS Gar �jf-iiot,y A.President Genevieve E. Miller, Member Laura O'Sullivan, Member Therese �Drau, Member �. luiza cthx. Maradik, Member ATTES"1" m M .„ ✓.,.,,,,., ..., Linda M. Martin, Clem. EXHIBIT A EXHIBIT B v i ! ls x ��.r �;ra��lrz,�Jaru �, NW T ID 9 . �Cl' p,v tf r, ..mm t 0 � `r's• Z —. — w ... 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Attorney ] Attorney Name Purchasing 1-1 Check the prwo a �atc Item "I ype - ILeyldr Professional Services Agreement Contract Open Market Contract E] Amendment/Addendum Bid Opening] Bid Award E] Quote Opening ❑ Quote Award Proposal Opening I] C/O & PCA No. �] Chg. Order, No. Traffic Control Other: Restated and Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Lured Information (')rµAll Submissions ❑ Proposal ❑ Special Purchase, QPA Req. to Advertise ❑ Title Sheet Reject Bids/Quotes ❑ PCA [� Resolution ❑ Ease./Encroach St Ameel)h COLUity lc2imaa1 Sewer and Water District E] Yes ❑ If Yes, Approved by Purchasing ] No For Change Orders !Only Amount of Increase $ Decrease ($ ) Previous Amount $ Increase % Current Percent of Change: Decrease ( % New Amount $ Increase % Total Percent of Change: Decrease_...%)................................r..� ��.... _..................................................... _... �� , ....................... Time Extension Amount: ..n...._ _. _.� New Completion Date: