HomeMy WebLinkAboutWater Extension Agreement - Private Extension of Public Water Main for N. Hill St. and St. Vincent St. – Patrick O’Brien Enterprises, LLC1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
June 23, 2020
Mr. Patrick S. O'Brien
Patrick O'Brien Enterprises, LLC
..... ..............................................................
RE: Water Extension Agreement
Dear Mr. O'Brien:
PHONE 574/ 235-9251
FAx 574/ 235-9171
The Board of Public Works, at its meeting held on June 23, 2020, approved the above
referenced agreement for a private extension of the public water main for N. Hill St. and St.
Vincent St.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
s/Linda M. Martin, Clerk
Enclosure
GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DoRAtj JORDAN V. GATHERS JOSEPH R. MOLNAR
WATER EXTENSION AGREEMENT
This Water Extension Agreement ("Agreement") is made on the 23rdday of June 2020
by and between Patrick O'Brien Enterprises, LLC, ("Owner") and the Civil City of South Bend, a
municipal corporation existing under the laws of Indiana, acting by and through its Board of Public
Works ("City")
WHEREAS, the Owner intends to develop certain real property located at 1102 and 1104 N
Hill Street, South Bend, Indiana 46617 ("Property"); and
WHEREAS, the Property consists of two lots that will be subdivided into three lots with
a single-family residential structure placed on each lost; and
WHEREAS, the Owner desires to connect to the City's water system; and
WHEREAS, the City's water system does not currently extend to the Property, and, in
order to connect to the Property, the water system will need to be extended in a manner consistent
with the depiction on Exhibit A attached and incorporated hereto (hereafter referred to as
"Dedicated Improvements"); and
WHEREAS, the engineering design for said Dedicated Improvements has been, or will
be, accomplished by competent professional engineers registered and licensed in the State of
Indiana; and
WHEREAS, the parties desire to accomplish the Dedicated Improvements in that manner
and under the terms set forth herein; and
NOW, THEREFORE, in consideration of the obligations, terms and conditions contained
herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as
follows:
1. Design
The Owner shall consult the City and allow the City Engineer or her designee input prior
to designating the project engineer who shall be responsible for the engineering design and
inspection in connection with the installation of the Dedicated Improvements (the "Project
Engineer"). The Owner shall inspect the site during construction to ensure the Project Engineer's
conformance to area planning requirements, adequacy of design, and conformance to the City's
specifications and standards regarding location, size and depth of line, and quality of construction
of the Dedicated Improvements. The Owner shall provide the plans with a City of South Bend
cover sheet and specifications for the Dedicated Improvements along with a cost estimate to the
City. 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, bacteria, compaction and other tests required by the City. All construction, engineering and
inspection cost in connection with the Dedicated Improvements shall be borne by the Owner.
2. Construction Inspection
The Owner has provided the City with Exhibit A, which depicts drawings of the Dedicated
Improvements, which the City acknowledges conforms to the City's standards. The Owner shall
allow the City to inspect the Dedicated Improvements during construction to ensure conformance
to the agreed standards set forth in Exhibit A, in particular with regard to adequacy of design, and
quality of construction. The Owner shall contact the City's Engineering Department at least two
(2) business days in advance to arrange for the attendance of a City inspector at key milestones
throughout work. Key milestones shall include but not be limited to water main taps. The Owner
agrees to perform any necessary adjustments as reasonably required by the City Engineer (or her
designee) in her sole discretion, as a result of such inspections. The failure of Owner to comply
with this Section shall be a material breach of this Agreement.
3. Permits
It shall be Owner's sole responsibility and expense to obtain any and all permits associated
with the construction and installation of the Dedicated Improvements.
4. Performance Bond
Concurrently upon the execution of this Agreement or within seven (7) days thereof, Owner
shall provide the City with a performance bond for an amount equal to one hundred twenty—five
percent (125%) of the construction cost covering all work performed or to be performed pursuant
to this Agreement. Owner's failure to provide the performance bond as prescribed herein shall
cause this Agreement to be immediately terminated and of no effect, without the requirement of
notice. Surety shall be posted in perpetuity until the acceptance of the Completion Affidavit,
Maintenance Bond, and Waiver of Lien.
5. Maintenance Bond
Within ten (10) days of City's acceptance of the Dedicated Improvements, Owner shall provide
the City with a maintenance bond equal to ten percent (10%) of the construction cost covering all
work performed or to be performed pursuant to this Agreement, and such bond shall remain in
effect for three (3) years after dedication as described in Section 7 below.
6. Capital Contribution
The parties acknowledge that the division of two lots into three lots and the placement of
residential structures on each parcel, including the newly created lot, requires one new
connection to the City's water and sewer services, and, per the City's Municipal Code § 17-80,
a system development charge is required for the new connection. The system development
charge for a residential structure has been calculated as $1,620; however, the Owner's estimate
of the cost of the Dedicated Improvement is $67,750. In consideration for the Owner's
construction of the Dedicated Improvements and its performance of other obligations set forth
in this Agreement, the City agrees not to charge or accept payment of the system development
charge from the Owner, provided that the terms of this Agreement are satisfactorily and timely
completed by the Owner, as determined by the City in its sole discretion.
7. Dedication
Upon completion of the construction of the Dedicated Improvements substantially as
depicted in Exhibit A, the Owner shall dedicate to the City the Dedicated Improvements as public
infrastructure. The Owner shall use its best efforts to work with the City to ensure that the
Dedicated Improvements are dedicated to the City in a timely manner. Additionally, prior to
dedication, the following must be satisfied:
a. All parts and labor must meet the standards and requirements stated in the design
specifications as presented to and accepted by the City Engineering Department.
b. Lien waivers must be received with regard to all workmanship and materials used in
connection with these improvements.
c. The Completion Affidavit must be furnished to Owner by the Board of Public Works.
d. Owner must provide copies of test reports or cut sheets on all materials supplied.
e. Owner must provide As -Built
drawings in
accordance
with the
City
of South
Bend
Prevailing Specifications
for Public
Works,
which
may
be
found
at gp.coiteaL]oa s/20i /07/S11 N Rc Staid f1NAl..,.
..
.0626 i II.Z V 2...... 11. q� /,..SJV�21uf! d f
Owner's failure to comply with this Section 7 shall be a material breach of this Agreement.
8. Indemnification
Owner 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, Owner agrees to defend such action or proceedings at its own expense and
to pay any judgment rendered therein.
9. Insurance
Owner, or the owner's contractor, at Owner's sole expense, shall maintain during the term of this
Agreement commercial general liability insurance covering the Company and the Activity in an
amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner, agrees to
include the City as an additional insured on any such policy and produce to the City a certifi cate
of insurance evidencing the same. To the extent that the City is harmed as a result of the Owner's
connection to the City's water and sanitary sewer systems, Owner hereby grants the City first
priority on any proceeds received from the Owner's insurance. Notwithstanding anything in this
Agreement to the contrary, the City does not waive any governmental immunity or liability
limitations available to it under Indiana law.
10. Assignment
This Agreement may not be assigned by the Owner 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 Owner's rights under this Agreement.
11. 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 water and sewer
service by the City shall be applicable to this Agreement.
12. Entire Agreement
This Agreement sets forth the entire agreement and understanding between the Owner and the
City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements,
and understanding of any and every nature between them.
13. Corporate Authority
The person signing on behalf of the Owner represents that he/she has been duly authorized to
execute this Agreement on behalf of said Owner.
(Remainder ofpage intentionally left blank)
IN WITNESS WHEREOF, the Owner and the City, through their duly authorized
representatives, have caused this Agreement to be executed as of the date first written above. The
parties have read and understand the foregoing terms of this Agreement and do, by their
respective signatures, hereby agree to its terms.
"OWNER"
PATRICK O'BRIEN ENTERPRISES LLC
"CITY"
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Elizabeth A. Maradik, Member
Therese J. Dorau, Member
Jordan V. Gathers, Member
Joseph R. Molnar, Member
ATTEST:
Linda M. Martin, Clerk
EXHIBIT A
DEDICATED IMPROVEMENTS
k
m+u 6u3 I cW+d ManmS Pue� � G ' N
a zo w
0 0 0 0 0 0 0 0 0 (�D r n e e
S
�m �m
N O CO CD V N O CO CD
V V M M M M M N N
LO
04
o 0
y � I
i--i ,e 3 a�cb.00 5
3
W Z
W Z Qcm
w
0-4
CL
I
5� w GK
fn O
e d
r �
�y o
w O U
w o o
r w
z
vz W
H LLJ z
WOE
NWN w O
�Nn min
S
Z
W
1 � N m O
�1 O
TWo� I m�
z LJ o L332ILS IIIH
P-4
W
O
E4
: N„ 11
-i oroe
I
V 0 M M M M O .0 CND
s
EAU k' €
� 58
.=s
€fi §�Gg ..=! 43:
8 d GW.. N tea.
WO®DO®ICJ
W g g g o as a €a m n _'-
J
- - _-
(� n_ a
=s W
o® ., s ia=
yo a 3t
Z ®oz000`N r�
s� c
=d
8
4 P
'fie oo
cQ �
- 4 ■ � £kc
N 3
1.=
€s
III ��-� yo
.5 rY
�u
�E�Wa
III �
x -
y
k
W
<ga
I-W b� :$ a Ng€ Aso
y
�' �
-
o
o
a
m
i S
N
h
f
¢
ti
t�
rc
o
V "
a
w
Lu
66
a
IIN
Elw
,
J
W
s
z
zy
�a
w
N
s
t
w
rc
rc�
P
F
F
a
a
y
0
z
"1
w
d
6
0
�
r6
Cam...
a,
LL
n�,
f
p
o
s
p
�
• m
c
r
y
a
N
N
J
xo
w
r
a
Er
e
� y
K t L
tY
g
u �+
r 8
s
g wz
oG
�o
0
N
r Av < aw
� ate, `oa wz
�o
ox�
No
� z6
IE
as
wELIw�
z)1 6ELL
El
�V e
�6
Wa - - gn==o 0 ta
zo
-------------
w
x � a
a mN
z 6
� ° o
L G Va
ww
• -� � �> G aJwi �arw
o z
W�` z zpo4 n o
3w
w wz
z o m
o �o Hai
'E4
VL
12
x
x
a t
o ury
s
a h�
w
m
w
0
N
r
� o
� a,s
R3
p-------------
i r
t i dp
y S
F
4
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/17/20
Department
Name Kyle Silveus Engineering
BPW Date 6/23/20 Phone Extension 9083
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer ❑ Officer Name
BPW Attorney ® Attorney Name Clara McDaniels
Dept. Attorney ❑ Attorney Name
Purchasing ❑
Check the Appropriate Item Type — Reuirec or All Submissions
❑ Professional Services Agreement ❑ Contract ❑ Proposal
❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA
❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes
❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA
❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution
® Other: Water Main ❑ Ease./Encroach
Extension Agreement
Company or Vendor Name
New Vendor
MBE/WBE Contractor
Proj ect Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description
Information
Patrick O'Brien Enterprises, LLC
❑ Yes❑ If Yes, Approved by Purchasing
❑ No
E] MBE
❑ WBE Completed E-Verify Form Attached ❑ Yes
No
Hill and St. Vincent — Water Main Extension
DP20-003
N/A
N/A
N/A
N/A
Private Extension of Public Water Main.
For Change Orders Only
Amount of ❑ Increase $
❑ Decrease ($ )
Previous Amount
Increase
Current Percent of Change: Decrease
New Amount
Increase
Total Percent of Change: Decrease
Time Extension Amount:
New Combletion Date:
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 6/15/20
Department
Name Kyle Silveus Engineering
BPW Date 6/23/20 Phone Extension 9083
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
❑
Officer Name
and Inclusion Officer
BPW Attorney
®
Attorney Name Clara McDaniels
Dept. Attorney
❑
Attorney Name
Purchasing
❑
Check the Appropriate
Item Type — Reuirec or All Submissions
❑ Professional Services Agreement
❑ Contract
❑ Proposal
❑ Open Market Contract
❑ Amendment/Addendum
❑ Special Purchase, QPA
❑ Bid Opening
❑ Bid Award
❑ Req. to Advertise ® Title Sheet
❑ Quote Opening
❑ Quote Award
❑ Reject Bids/Quotes
❑ Proposal Opening
❑ C/O & PCA No.
❑ PCA
❑ Chg. Order, No.
❑ Traffic Control
❑ Resolution
❑ Other:
❑ Ease./Encroach
Reauired Information
Company or Vendor Name
Patrick O'Brien Enterprises, LLC,
❑ Yes[:] If Yes, Approved by Purchasing
New Vendor
❑ No
MB
❑❑ Yes
MBE/WBE Contractor
E Completed E-Verify Form Attached
❑ No
Proj ect Name
Hill and St. Vincent — Water Main Extension
Project Number
DP20-003
Funding Source
N/A
Account No.
N/A
Amount
N/A
Terms of Contract
N/A
Purpose/Description
Private Extension of Public Water Main.
For Change Orders Only
Amount of ❑
Increase $
❑
Decrease ($ )
Previous Amount
$
Increase %
Current Percent of Change:
Decrease ( %)
New Amount
$
Increase %
Total Percent of Change:
Decrease ( %)
Time Extension Amount:
New Completion Date:
Ep
Q �B
N n
Z U Z
Z _ �
LLI z a -
o Z W o a� av
QElLLI"
Z LLI 3 -
H
O w Z Z "a,
DC Q V LU LLI
~ cc Z O
Z
ElLLI
_
J U Q zN w =--
mLL
Z a J a ow
W o15
LLa
LU
o
Q �z
F Lu
Z �O
O �
z
d J
W
a
,cao�oo Neoocn i
W� w
LJJ m / Q
u g
000r0lN b/ o �
z
O
LU
OFM V) Q
� U
uz 133a1s ,w�iw
f w Q
a �
N
El
ftoNow
�w
z
� W ts w
V Q�
U =
'
m
0 w
m
o
� v o
oa a�moo env '�
0
v