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HomeMy WebLinkAboutWater Extension Agreement - Private Extension of Public Water Main for The Landings – University of Notre Dame du Lac (2)1316 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. Richard Bellis University of Notre Dame du Lac RE: Water Extension Agreement Dear Mr. Bellis: 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 the Landings Development at Cripe Street, subject to a waiver of remonstration clause added to the contract. A copy of the agreement, signed by the Board, will be forwarded to you once you have reviewed, signed, and forwarded the revised contract to the City. 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. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR WATER EXTENSION AGREEMENT This Water Extension Agreement ("Agreement") is made on the 23rchay of June202O by and between the University of Notre Dame du Lac, ("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 7.18 acres located at the end of Cripe Street, in the Town of Roseland for an apartment complex intended to be used as married student housing ("Property"); 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 Simultaneously with the execution of this Agreement, the Owner shall pay the City a sum of two hundred seventy-two thousand six hundred forty-six dollars and 00/100 ($272,646.00) for access to the City's water and sanitary sewer systems. For purposes of this section 6 of the Agreement, an equivalent residential unit ("ERU") shall mean a single-family residence. For purposes of customers that are not single-family residences, one ERU shall equal estimated wastewater and water flows of 310 gallons per day, respectively. 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. For every new connection to the South Bend Municipal Water Works, a system development charge of four hundred seventy-five ($475.00) 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 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. 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 litt is: /southbeii(liai,.g(,) ,'wLi-c iii eiitltiL)loadsl201 6(17lSBN-S )cc•-Staii(l-fl AL-06261S- REV-' lIl'WSJ )iiattire. idl' 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 and which accrued prior to the dedication to the City of the Dedicated Improvements. If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement for claims accruing prior to the dedication to the City of the Dedicated Improvements, Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 9. Insurance Until dedication to the City and acceptance by the City of the Dedicated Improvements, 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 Owner and the Dedicated Improvements 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 upon request produce to the City a certificate 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 for occurrences prior to dedication to the City of the Dedicated Improvements, 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. 14. Waiver of Remonstrance The parties acknowledge that the Property, served by the Dedicated Improvements, is not currently within the boundaries of the City. If the City determines that it is in the City's best interest, and legally permissible, to annex the Property, Owner agrees to waive its right to remonstrate against the annexation of the Property. (Remainder of page 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" UNIVERSITY OF NOTRE DAME DU LAC y Printed: t ft-.6L, f t Title: "CITY" BOARD OF PUBLIC WORKS Gary A. Gilot, President V-v� Elizabeth A. Maradik, Member Therese J. Doran, Member Jordan V. Gathers, Member} Joseph R. Molnar, Member ATTEST: �IiZGe�Ct Ci�TGI'71iP Linda M. Martin, Clerk EXHIBIT A DEDICATED IMPROVEMENTS MrM To Maw Mo o P , (M)1gBiC 3 .OL,iZm 5 k uo°uw esiot ..^. .') 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"f�2 T �Y 2F s:.r-rear..dWp.., la•1.4arymorvaePuoo +.6.3 aWd a+•FumS P.l G ' j2 N 0 t p Z z i F a gem = o �rc � ti � z O „G c J m �. • O � v. —' � a 0 �s k f 2 _ 3 � i v . 6 w W J aa g � I 5 A u o z ' x r 0 o w G d F i � x 1 P. o x 'a at e « N w c e '. N • v a s P � il+ a r U > i & e 4 wJ k i ti ar i Ni G c o b 5 uu £ _ Q m �zoCH 3 Q m h fi rn & e°z u+ w a . " z e e u € ao Q p a UP 4 t 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 ❑ 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: A reement ❑ Ease./Encroach Reauired Information Company or Vendor Name University of Notre Dame Du Lac ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MB ❑❑ Yes MBE/WBE Contractor E Completed E-Verify Form Attached ❑ No Proj ect Name The Landings Water Main Extension Agreement Project Number DP 18-098 Funding Source N/A Account No. N/A Amount N/A Terms of Contract N/A Purpose/Description Agreement outlining terms of 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 Completion 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 University of Notre Dame Du Lac ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MB ❑❑ Yes MBE/WBE Contractor E Completed E-Verify Form Attached ❑ No Proj ect Name The Landings Water Main Extension Project Number DP 18-098 Funding Source N/A Account No. N/A Amount N/A Terms of Contract N/A Purpose/Description Private Extension of Public Water Main. 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