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HomeMy WebLinkAboutWater and Sanitary Service Agreement - Utility Extension and Title Sheet for Audubon Woods Section 2 – Irish Rentals, LLC1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 22, 2020 Mr. Tyler Tadian Irish Rentals, LLC 4404 Technology Dr. South Bend, IN 46628 t j��iiis�icListo�-fi�io�-fie coy-fI RE: Water and Sanitary Service Agreement Dear Mr. Tadian: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 22, 2020, approved the above referenced agreement for the utility extension and title sheet for the Audubon Woods Section 2 proj ect. 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. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR WATER AND SANITARY SERVICE AGREEMENT This Water and Sanitary Service Agreement ("Agreement") is made on the 22ndday of September� 2020 by and between the Irish Rentals, LLC, a domestic limited liability company, with its principal place of business located at 4404 Technology Drive, South Bend, Indiana 46628 ("Owner") and the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works ("City") (Each a "Parry" and collectively the "Parties"). WHEREAS, Owner intends to develop Section 2 of Audubon Woods Subdivision within St. Joseph County, Indiana ("County"), including an additional 7.7 of acres located along Prescott Avenue, Oakdale Avenue and Easton Avenue, for a residential purpose as shown on the attached drawing entitled Exhibit A, attached and incorporated hereto, and; WHEREAS, Owner desires certain commitments from the City, in regard to extending and making additions to existing water and sewer systems to serve said development, and; WHEREAS, the engineering design for said water and sanitary sewer systems have been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana, and be in compliance with the City of South Bend Indiana Construction Standards and Specifications, as amended from time to time, and; WHEREAS, Owner understands the sanitary sewer shall be owned, operated and maintained by the St. Joseph County Sewer and Water Regional District ("District") as per the Amended and Restated Master Agreement ("Master Agreement") between the City and District provided in Exhibit B, with this Agreement serving as an Addendum to that Master Agreement; 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. Recitals The parties hereto acknowledge and agree that the foregoing recitals are incorporated herein as a part of this Agreement. 2. Design and Inspection The Owner has provided the City with Exhibit C, which depicts the proposed water main system for Audubon Woods Section 2, which the City acknowledges conforms to the City's Standards. The Owner and its engineer guarantee the sanitary sewer for Audubon Woods Section 2 meets City's Standards. The City shall approve the designation of the engineer who shall be responsible for the engineering design and inspection in connection with the installation of the proposed water main system. The Owner shall be responsible to provide inspection during construction and to ensure installation of infrastructure conforms to City standards with respect to area planning, adequacy of design, and conforms to City requirements regarding location, size and depth of line, capacity, and quality of construction. The Owner shall allow the City to inspect the water main system construction to ensure conformance to the agreed to standards as set forth in Exhibit C. 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 for construction of the water main system and contact the City's Water Works Department at least two (2) business days in advance to arrange for the attendance of a Water Works staff for testing of the water main system testing. The Owner agrees to perl"orm any, necessary adjustments as reasonably required by the City as a result OfSUCh City inspections. The Owner shall provide to the City a statement from its engineer certifying that the materials and work ni anship including pipes, bedding, thrust, blocks, valves, fire hydrants, manholes, and other related materials and all work associated with the water main and sanitary .1 sewer construction 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, bacteria, compaction and other tests required by the City. All construction, engineering, and inspection costs in cormection with these systems shall be borne by the Owner. Owner agrees to provide the City with Section 2 As -Built drawings for- the water main and sanitary sewer in accordance with the City Of South Bend Prevailing Specifications r01- Public Works, which may be found at 3. Permits It shall he Owners sole responsibility and expense to obtain any and all permits associated with the construction and installation of the water main and sanitary sewer systerns in the County's Right of Way and to comply with all applicable laws. 4. Engineer's Estimate I The Owner shall provide an F1'ngineer's Estimate (Exhibit D) for the cost to construct the water main system, including but, not limited to, cost for excavation, installation of and the supply pipe materials, valves, hydrants, and all other appurtenant materials and equipment, County occupancy permit fees, backfill and bedding, pavement, and any other work required for looping the water main. 5. Performance Bond Owner agrees to provide the City with a performance bond for an amount equal to $242,5 80 in connection with Owner's construction of the Improvements (the "Performance Bond"), being equal to 125% of the City -approved constructions costs of the Improvements as listed on Exhibit E attached hereto. Upon the approval of the City of South Bend, Indiana Board of Public Works Project Completion Affidavit ("Project Completion Affidavit"), the obligation to maintain the Performance Bond shall cease without any further action or confirmation required from City. The Owner understands the St. Joseph County Sewer and Water Regional District is responsible for operating, owning, and maintaining the sewer in Audubon Woods Subdivision and understands there is no City requirement for a performance bond for the proposed sewer construction in Section 1 of Audubon Woods Subdivision. 6. Maintenance Bond Within ten (10) days of City's acceptance of the water main system, Owner shall provide the City with a maintenance bond equal to ten percent (10%) of the Engineer's Estimate 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 9 of this Agreement. The Owner understands the St. Joseph County Sewer and Water Regional District is responsible for operating, owning, and maintaining the sewer in Audubon Woods Subdivision. 7. Term Except as otherwise provided herein, the term of this Agreement shall commence as of the Effective Date and shall expire upon completion of construction and successful dedication of the Water main system improvements to the City. 8. System Development Charges Water 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 (1) ERU shall equal estimated water flows of three hundred ten (310) gallons per day. No customer will be less than one (1) ERU. There will be no partial ERU's. The City shall round down to the closest applicable ERU calculation at all times. For every new connection to the South Bend Municipal Water Works, a system development charge of five hundred dollars ($500.00) shall be collected per ERU and additional portion thereof to be connected. All charges shall be billed by the City at the time the application for service is filed. For customers with greater than twenty (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 water 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 system development charge owed by the customer. The City may execute a contract with the customer authorizing an increase to the initial System Development Charge based upon actual usage data that is collected after connection. Sewer For purposes of this section 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 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. 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. 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. Upon the execution of this Agreement, all System Development Charges and Utility Verification fees must be paid. A receipt of payment is provided in Exhibit F of this Agreement. 9. Dedication Upon completion of construction of the Section 2 water main, the Owner shall dedicate the system to the City, inclusive of all water main system improvements as depicted in Exhibit C and provide City with As-Builts of the water main and sanitary sewer systems. The water main system shall be located in County right-of-way and have no obstructions for future maintenance and access by the City. The Owner agrees also to provide the City with any As -Built records in its possession for the Section 1 of the Audubon Woods Subdivision (See, Exhibit G). The City has no record of the final as-builts for the sewer and water system in Section 1 and the infrastructure was built and not dedicated to the City. The City understands that the Owner is not the successor in interest to the Section 1 developer. However, the Owner has informed the City that it has some of the documentation from the Section 1 developer in its possession and is willing to provide such documentation to the City. Upon City acceptance of the water systems and successful construction of the sewer system for Section 2 by the Owner's contractor and receipt of the water main records the Owner has in its possession for Section 1 development, the City will accept the construction records for Section 1 as being complete, subject to the Owner placing the final hot mix asphalt surface on all the streets in Section 2 of the Audubon Woods Subdivision. The City's formal completion affidavit as provided by the Engineering Division's Permit Manager will be utilized for Section 2 water main system. The Owner understands the proposed and existing sanitary sewer and existing Lift Station shall be maintained by the St. Joseph County Water and Sewer District and holds the City harmless in perpetuity for operating, servicing, or maintaining the sanitary sewer infrastructure in the Audubon Woods Subdivision Sections 1 and 2. 10. 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 Owner's construction or maintenance of the water main and sanitary sewer system in accordance with this Agreement. If any action is brought against City, its officers, employees, or contractors seeking to recover for any loss, costs, damages or expenses incurred by the City in connection with Owner's construction of the said infrastructure in accordance with this Agreement, Owner agrees to defend such action or proceeding at its own expense. This Section 10 survives the termination or expiration of this Agreement. 11. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement commercial general liability insurance covering the Owner 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 such policy and provide a copy of the Certificate of Insurance to the City as Exhibit H. Notwithstanding anything in the Agreement to the contrary, City does not waive any governmental immunity or liability limitations available to City under Indiana law, Notwithstanding any provisions of this Agreement to the contrary, in no event shall Owner be liable to City for any amount (whether as a result of insured event, pursuant to any indemnity provided by Owner hereunder, or otherwise) in excess of the maximum liability of City under applicable law (including, without limitation, the Indiana Tort Claims Act). Owner may terminate the insurance required hereunder upon the successful dedication of the Water Utility System to the City. 12. Assignment This Agreement may not be assigned by the Owner without the express written consent of the City, such consent shall not be unreasonably withheld, conditioned or delayed. 13. Material Breach The parties agree that a material breach of this Agreement by Owner would have a material adverse effect upon the City. In the event of a breach by Owner of any of its obligations hereunder, the Owner shall cure such breach, if curable, within seven (7) days after receipt of written notice thereof from the City. Upon the failure by the Owner to cure any such breach, or if the breach is material and incurable, the City may immediately terminate this Agreement and file a claim under the performance bond. 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 water and sewer service by the City shall be applicable to this agreement. 15. 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 invalidating the remainder of such provision or the remaining provisions of this Agreement. 16. 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. 17. 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 day and year 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. IRISH RENTALS, LLC _ r i CITY OF SOUTH BEND INDIANA BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member 't:% t_,��, ., 1 L➢" Laic �.. Therese J. Dorau, Member t .-v, Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: �Ivdd �fC7�lif Linda M. Martin, Clerk EXHIBIT A: AUDUBON WOODS SUBDIVISION MAP OF SECTION 2 US-N8£1-£ L '03S -- .. N OMl N01103S "SOOOM N090anv - F p 3H:)SVWNOOVN: ro „ m > do � a � 9 w J ameHF on r zr�� pm 5� oN \ azz -�$ r� e Z �a z� m W LL rcim z� �&m H 0 �p z _-< - �9 �Wz ;mod �z, z Q o; z i.€ �1i �nm zp - '^az N`orcWG =N� �� s �_a <o - - - dWm Eops= H o z a a INa ap €a"s ear < H In Ks w _ 8 �pu'e�` �s E ��o �� 5. o`o W d 8. ~ z - oaEWoW o_�_ o` ` o Za oo �� -_ o = a> ' o -- o` w �< S € wON � o'6W-<-mawm $o � ucoe=sNo-o- gU a' ak z su=H a N _ =gym sa 'o- " o P z ,`o - X m_ m o =.. W x_W 'o tld_d_ a`p-a o o ------ - Q J i =m M/a .a9, 3AN d NdN,3N ---- V — — --- T— — —, — —T— —T— --I-- — — —od m �I W�o�4M SL'BfOI 3.Z0.5 LOO9 II� IlNO ON6 35 'NOI1100tl aONtlN ONtll39da 3NIl 193M� u�i l- O n .98'bB =obz z 3 n ry eM ry aN�N aY� c�i� iV N ng� s�g3e g z —Cta Lf u .LB'B9 ,00'BB .00'OL J! SU—N.00'L9 - ,00'LB 98'BS 9l0 H CiJ —0 ON C3 _o, _ m_-%,Z-N ,ZB'fff _ _w �' M1L.ZQON u� 26'Li5 (m/a ,OV) 3—Y 110—dd s ,00ze PREscOii � �02 w w w _ �a m z - � N Le -- -.00'L. -- „ m �o m.Li,zaooN ,ZZ'ZL� z = p f,\ 3N0 NOIlO39 5000m III NOe000tl III 3NIl 15tl3 III ,oa'as � III III III III ` o M n / s �� M M ^ n a a o // r -T m z/ \ �� r T iaa saooM Noenam —� — T � I a ( z-- o P a _ _�= SO) OtlOa Hill 32a-NBfl-SL 'O39 >/l 39 3NIl 193m-7� — — �r m w w �Ab o m f�pSo Am ��rzss•z m„eL,iaoary — � zw ' , r main / 5, n 3..LL,Z0.0S s� .BS 90L h u�i .� 'II 1 3„f0,Z0.o5 P i .N OOL HH ,ao'aal ei e C255 Q �3,>Z,ZdOa Q I .00'OOl o F RN-Mi-EL '03S ..... �sq= �+wuw�s m ll'91 tib 6� Y 2$ Cq OMl N01103S'SaOOM Noonanv 3HONVWNOIVNS �o-y =ate NIP go' 4a = mw �- N > € go �3ov+Q F° a m �j o � Nam - oz a ski o 'aN o�'=" �o0 1 -NN 0 ¢ JQaQ N N G} H , z z '��' °ate` -> �€ €m€4 ° - Ow G owoa3r�o€��mo2oomo v��a<moM=oo2N o�=€ €€a w \C g.,1-'»'..�M1a=q o H w Z w Vzo "Of "a 2: uj -O wss, o,: 9a=wo��gd�€,-aJ�da =rc syoo.wr'b°��,°`,w��apd€o w� W Q z O oNy� "S�o=aopo H N o m - �O. ? _o—Y� ao W ap=��WNwgo w_=z V8q gz��oo� gz.Q.Wz) 4 €4z�t�� p Y =5 -N5 a~�sw gs�€ i -H � g Q � O Q v g o z �oyo�°S a.�o����pOomo�g �€ U A=g{wsa w ono u �o E°oQ 3 x no�����W�o�s�'�'o" - ^ooszo�z'o EXHIBIT B: AUDUBON WOODS SUBDIVISION AGREEMENT BETWEEN THE ST. JOSEPH COUNTY SEWER AND WATER REGIONAL DISTRICT AND CITY OF SOUTH BEND ADDENDUM TO THE MASTER AGREEMENT BY AND BETWEEN THE ST.,JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA Project Narne: AUTEN ROAD -SR 933 SUB -DISTRICT Date: October 5, 2010 (Application to each service area project by exhibits approved by respective boards) THIS PROJECT ADDENDUM NO. I is mutually agreed to and made effective the day of October 2010 (the "Effective Date"), by and between the St. Joseph County Regional Water & Sewer District, and the City of South Bend, Indiana acting by and through its Board of Public Works. RECITALS WHEREAS, THE MASTER AGREEMENT BY AND BETWEEN THE ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT, AND THE CITY OF SOUTH BEND, INDIANA, dated effective Augustil.,2010, (the "Master Agreement"), specifically allows for Project Addendums, as set forth therein, to define and address certain project specific issues; and WHEREAS, the St. Joseph County Regional Water & Sewer District ("District") desires to facilitate the connection to sanitary sewers of certain real properties within the vicinity of the intersection of Auten Road and SR 933, as set forth in the PROJECT AREA Boundary Map" as shown in Exhibit A ("AUTEN ROAD -SR 933 SUB- DISTRICT); and WHEREAS, the District desires to immediately facilitate the connection to sanitary sewers of certain real properties, as shown in Exhibit B ("MAP OF IMMEDIATE tJSI­.,1'RS"), and listed in Exhibit C ("LIST OF PROPERTIES TO BE CONNECTED") that are within the PROJECT AREA; and WHEREAS, South Bend has a wastewater facilities near the Project Area and said facilities have sufficient capacity to serve the Project Area; and WHEREAS, South Bend is agreeable to accepting wastewater from the District and this PROJECT AREA and to process and dispose of same. NOW, THEREFORE, in consideration of the mutual promises and obligations in the Master Agreement and this Project Addendum No. 1, the adequacy of which is hereby acknowledged, the Parties agree as follows: 1. AGREEMENTS OF THE PARTIES. A) South Bend agrees to accept District as a satellite bulk customer for the purpose of providing sanitary sewer service to the PROJECT AREA ("AlFfEN ROAD -SR 933 SUB -DISTRICT"). B) The District has performed an industrial user survey to determine the number and type of industrial users that discharge into the District's system. As of the execution of this agreement, there are no industrial users in this Sub -District, therefore the District will not be required to adopt and manage a pretreatment program as set forth in paragraph B.v. 1. of the Master Agreement. If an industrial user does request to connect to the system 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►. Q All users 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. D) South Bend has reviewed the District's plans for its initial phase of the sewer system (to serve the immediate users), as detailed in the Audubon Woods sanitary sewer plans dated '11A '_ 0�1 _ and prepared by Aboninarche Consultants; and has determined the plans to be acceptable for connection to the South Bend collection and treatment system. Due to the characteristics of this Sub -District, the District is not required to utilize South Bend's lift station or monitoring standards. E) The District will require that the sanitary sewer system be designed and constructed pursuant to the IDEM permit issued for the project. F) 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. G) The District will maintain and monitor this collection system and refer emergency response calls to District's maintenance personnel or service provider. The District 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 District System that are in violation of federal, state or local laws or regulations, including, 10 without limitation, unauthorized discharges, releases, or overflows from the collection system. The District shall concurrently provide to South Bend a copy of any reports submitted hereunder. H) South Bend will charge the District a Base Monthly Charge (based upon an equivalent Meter Size) and a Treatment Charge (based upon usage) at their standards rates set forth in the City of South Bend Sewer Use and Rate Ordinance ("South Bend Ordinance"). Initially the parties agree that equivalent Meter Size is three (3) inches. The District agrees, however, that the District will notify South Bend in writing if the District intends to delete immediate users or add additional users, in which case, Paragraph I shall be used to adjust the equivalent Meter Size. 1) The equivalent Meter Size for determining the Monthly Base Charge will be calculated as follows: Meter Size in Equivalent Factor inches in EDUs '/4 1.00 1 1.60 1 1/2 3.40 2 4.90 3 19.0 4 36.0 6 76.0 8 89.0 10 150 12 230 J) South Bend agrees to obtain usage information (meter readings) from all the users with in the project area and will utilize this information as a basis for calculating the Treatment Charge to the District. Further, South Bend will supply the District with a detail of the usage information for each user in the PROJECT AREA. South Bend agrees to provide the District forty-five (45) days from the date the Treatment Charge is provided to the District for the District to remit payment to South Bend. 3 H. MISCELLANEOUS PROVISIONS. A. Recordation. This Project Addendum to the Master Agreement shall be recorded in the Office of the Recorder for St. Joseph County, Indiana. B. Defined Terms. Capitalized terms used herein and not otherwise defined shall have the meaning ascribed to them in the Master Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Master Agreement to be executed as of the day and year first above written. 9- Date: OttoUer o 9 2010 Date: October-," 1 , 2010 ST. JOSEPH COUNTY REGIONAL WATER & SEWER DISTRICT Z C-0-'-. _ fit -'S- A N g CITY OF SOUTH BEND, INDIANA 'A I 'rintcd an iu Tit c o ri sighinl'-'� Printed Nume and Tille Printed Name and Tit ATTEST 411,1111e,T(Ndn�ca.. 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EE2r Imam xi %Qg� egcAae"€,A� mUl ; mid sgg3v �o 3�SC ,[ ----------- — _ __p RE � A•A E 3SS F$R EiR� ��R� 'fib � ',,, � � � S� P�R6 g"obi Ri� Q Q ?$ O w z z z � O � w P Ike � Z gg aZ R z mil p r o00 p m w �a ra c� N a o �& d� g � 0 s Et 5 s a r U) z z s O V \ W cc i b < C t Mz &4 t F a a Ha � f �oo�< a lg6 Rip ( M11 EXHIBIT D: AUDUBON WOODS SUBDIVISION ENGINEER'S ESTIMATE (SECTION 2 ONLY) I 1� 11 ir rJ10111 1! 1 �!IA Engineering • Architecture • Land Surveyinc AUDUBON WOODS - SECTION 2 19-0552 Water Main Construction Cost Estimate September 1, 2020 Description Quantity Unit Unit Price Cost 1. Construction Engineering 1 LS 1.5% $2,663 2. Mobilization/Demobilization 1 LS 5.0% $8,876 3. MOT 1 LS $ 1,000.00 $1,000 4. Watermain Testing 1 LS $ 850.00 $850 5. Restoration 1 LS $ 2,250.00 $2,250 6. Erosion Control 1 LS $5,000.00 $5,000 7. Water Main, 8" 1,085 LFT $55.00 $59,675 8. Water Service, 1" 25 EA $1,500.00 $37,500 9. Fire Hydrant Assembly 3 EA $3,250.00 $9,750 10. Concrete Curb & Gutter 1,100 Ift $ 17.00 $18,700 11. 6" Compacted Aggregate 200 TON $ 25.00 $5,000 12. HMA Patching 252 TON $ 150.00 $37,800 Subtotal TOTAL: $189,064 As-Builts 1 $5,000.00 $5,000 Notes - TOTAL: $194,064 HMA Patching Includes Removals, 3.5" HMA Base, 2" HMA Intermediate and 1.5" HMA Surface for a 5' wide trench over the water main. HMA to meet already APPROVED St. Joseph County Roadway Plans and Specifications. Fire hydrant ASSEMBLY includes all valves, 6" pipe and fittings for hydrant installation. Watermain Includes all fittings and valves necessary for installation. Page 1 of 1 EXHIBIT E: AUDUBON WOODS SUBDIVISION PERFORMANCE BOND (SECTION 2 ONLY) EXHIBIT F: AUDUBON WOODS SUBDIVISION RECEIPT OF SYSTEM DEVELOPMENT AND UTILITY VERIFICATION FEES (SECTION 2 ONLY) v. 2018.10.12 City of South Bend Department of Public Works Utility Verification Form pJf'il'it,v ^„,1 erificafio rP ,lee ,,.f 0 .l.d City of South Bend/Public Works Permit Office 227 W. Jefferson Blvd South Bend, IN 46601 Pursuant to the City of South Bend Municipal Code § 6-4.1 and 17-79 through 17-87, the Permit Manager's Office has verified available utilities and connection requirements. This form is for the express purposes of notifying an applicant of whether City utilities are available in a particular location and what requirements are necessary for connection. IT DOES NOT GUARANTEE CONNECTION TO CITY UTILITIES or CONSTITUTE A TAP PERMIT. The applicant must meet the requirements below prior to receiving tap permits to connect to City utilities: Prop Property Owner's Name: �� ,� C Address/Lot #/Subdivision: Audubon Woods Section 2 City, State, ZIP: South Bend, IN 0 Single -Family Residential ❑ Inside City ❑ Outside City & 1 /8 Contiguous ❑ Other m Outside City & Not 1 /8 Contiguous The applicant is requesting the following connections: 0 Water 0 Sanitary Sewer No. of ERUs*: 25 Peak Factor: _4 * Equivalent Residential Unit (ERU) = 310 GPD Residential Peak Factor = 4 TIRE "too IM City Connection Fee 36,450.00 System Development Charge is billed by the City at the time the application for service is filed. ❑ Wastewater Survey for Nonresidential Establishments (Note: May require industrial discharge permit and pre-treatment) ❑ Waiver of Remonstration to Annexation Agreement ❑ Annexation ❑ Requires System Improvements Public Works Authorized Signature: Date:_qWl By executing this Utility Verification Form, you hereby acknowledge the statements contained herein are true and accurate. If the City later determines that you misrepresented any statement on this Utility Verification Form, you will be charged the corrected City connection fee. You understand the requirements to connect to City utilities as set forth under South Bend City Ordinance and agree to meet the requirements set forth above. le Property Owner or Representative Signature: r� Date: II O Property Owner or Representative Phone: ** Form is not valid without Authorized Signature and Property Owner or Agent's Signature ** UVF Fee Paid Date:- City of South Bend Engineering Division/Permit Office 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 Receipt No. 2127 Date: 9/14/20 Payment Type Check/Ref # Amount Check 5830 $ 10,687.50 From: Irish Rentals, LLC Project Address: Audubon Woods Section 2 For Project Name or Number: SDCs for Water - Audubon Woods Section 2 Comments: ISDCs water Payment received by: City of South Bend Engineering Division/Permit Office 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 Receipt No. 2128 Date: 9/ 14/20 Payment Type Check/Ref # Amount Check 5869 $ 25,762.50 From: Irish Rentals, LLC Project Address: Audubon Woods Section 2 For Project Name or Number: SDCs for Sewer - Audubon Woods Section 2 Comments: ISDCs sewer Payment received by: City of South Bend Engineering Division/Permit Office 227 W. Jefferson Blvd., Suite 1316 South Bend, IN 46601 Receipt No. 2129 Date: 9/ 14/20 Payment Type Check/Ref # Amount Check 5840 $ 50.00 From: Irish Rentals, LLC Project Address: Audubon Woods Section 2 For Project Name or Number: UVF fee for Water/Sewer - Audubon Woods Section 2 Comments: Payment received by: EXHIBIT G AUDUBON WOODS SUBDIVISION WATER RECORD DRAWINGS (SECTION 1 ONLY) 'r c d I) to o � nil .dbp � 9w �= 2 z °5 NQ I z W �� � g a a o w a uj g w p < oY o �da w mm ¢ z "Z' Z 3. w 6 J 333 D O m cr o z 3 Q o a w° �y d wz yLij ^' om m� a x z �o mmmlimn� � u� U Z z ' �.d Cis M a w� O K d 4a4 v) >m >a-¢om F as z. 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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(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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 lieu of such endorsements . PRODUCER 574-277-0234 HOLLAND INSURANCE GROUP 64081 N. Ironwood Rd., P.O. Box 6458 NAME CT Lynn Chiu PHONE 574-277-0234 FAX 574-277-0286 (A/C, No, EXt): (A/C, No): aDORIL lynn@hollandinsurancegroup.com South Bend, IN 46660-6458 S. Lynn Chiu - Holland INSURERS AFFORDING COVERAGE NAIC # INSURERA:Wesffield Group 24112 INSURED Cooreman Real Estate Group Inc. Irish Rentals LLC / Irish Realty / Westwood Shore Associates Inc. / Cooreman Land Planning Inc. INSURER B: Liberty Mutual Insurance INSURER C : Coorsmith Properties LLC / Irish Custom Homes LLC 4404 Techr to Y Dr South Bend, IN-46628 INSURER D: INSURER E: INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL INSD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR X CWP3787625 01/01/2020 01/01/2021 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence 100,000 $ MED EXP (Anyoneperson) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L X AGGREGATE LIMIT APPLIES PER: POLICY JECT PRO - El ❑ LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY X CWP3787625 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT Ea accident 1,000,000 $ X BODILY INJURY Perperson) $ BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident $ A X UMBRELLA LAB EXCESS LAB X OCCUR CLAIMS -MADE X CWP3787625 01/01/2020 01/01/2021 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED X RETENTION $ 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A WC5-39S-329527-019 01/04/2020 01/04/2021 X PER OTH- STATUTE ER E.L. EACH ACCIDENT 100,000 $ E.L. DISEASE - EA EMPLOYE $ 1 OO,000 E.L. DISEASE -POLICY LIMIT 500,000 $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of South Bend Y THE EXPIRATION DATE THEREOF, NOTICE ACCORDANCE WITH THE POLICY PROVISIONS. WILL BE DELIVERED IN 227 W. Jefferson Blvd South Bend, IN 46601 AUTHORIZED REPRESENTATIVE S. Lynn Chiu - Holland clu� ACORD 25 (2016/03) © 1988-2015 ACORD CORPOiTION. All rights reserved. The ACORD name and logo are registered marks of ACORD Vv xqnsg�al M- Bond No. NFB5921079 KN01W ALL PERSONS BY THESE PRESENTS, that we Irish Rentals, LLC as Principal, and OLE? REMLIC SURETY -CQMPANY authorized to do business in the State of Indiana as Surety are held and firmly bound unto City of South Bond ry as obligee, in the penal SUM Of.Two Hundred FortyTwo Theusand Five Hundred EV)N and 001100 ($ 242,580.00 DOLLARS, lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by the presents. WHEREAS, Irish RenUs, LLC has agreed to construct in Audubon Woods - Section 2 the following improvements: Water Main Construction, Parcel No. 00210030,057, South Bond, IN NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said principal shall construct, or have constructed, the improvements herein described' and shall save the Obligee harmless from any loss, cost or damage by reason of its failure to complete said work, then this obligation shall be null and:: void, otherwise to remain in full force and effect. Signed, sealed and dated this 17th day of September -------------- O 2020 Irish Rentals. LLC By: /;�,cwCJ L12, OLD REPUBLIC SURETY OMEAN Lydia A. Mantle, Attorney -in -Fact ORSC 46459 Page 1 of 1 yt't * it OLD REPUBLIC SURETY COMPANY POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: NEVIN BEYER, BETH A. SEIBERT, LYDIA A. MANTLE, AIMEE R. HORVATH of HARRISBURG, PA its true and lawful Attomey(s)4n-Fad, with full power and authority for and on behalf of the company as surety, to execute and deliver and affix the seal of the company thereto (tf a seal Is required), bonds, undertakings, recognizances or other written obligations In the nature thereof, (other than bail bonds, bank depositary bonds, mortgage deficiency bonds, mortgage gruaratrty bonds, guarantees of instaitment paper and note guanmW bonds, aW-1hourance worker compensation bands guaranteeing payment of benef9ts, asbestos abatement conbaet bonds, waste management bonds, hazardous waste remedtatfon bonds or black lung bonds), as follows: ALL WRITTEN INSTRUMENTS and to bind OLD REPUBLIC SURETY COMPANY thereby, and a8 of the ads of said Attomeys-in-Fad, pursuant to these presents, are ratified and confirmed. This appointment is made under and by authority of the board of directors at a special meeting held on February 18, 1982. This Power of Attorney is signed and seated by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18,1982. RESOLVED that, the president, any vice-president or assistant vice president, In conjunction with the secretary or any assistant secretary, may appoint attorneys -In -fact or agents vA% authority as defined or limited in the Instrument evidencing the appointment In each case, for and on behalf of the comparry to execute end deliver and affix the seat of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney -in -fact or agent and revoke any Power of Attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (1) when signed by the president, any vice president or assistant vice president, and attested and sealed (f a seal be required) by any secretary or assistant secretary; or (ii) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attomey-in-fad or agent; or (dij when duly executed and sealed (if a seal be required) by one or more attomeys-in-fad or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by the company to such person or persons. RESOLVED FURTHER that the signature of any authorized officer and the seal of the company may be affixed by facsimile 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 affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer. and its corporate seal to be affixed this 18th day of March 2020 OLD REPUBLIC SURETY COMPANY ^a' ---'�A ILa �! SEAL i Asas ant Seareta. w +� President STATE OF WISCONSIN, COUNTY OF WAUKESHA - SS awr3 d On this 1801 day of Mardi 2020 personally came before me, Alan P"Ic and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swum, did severally depose and aay: that May we the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. y. •tx5t3'v�. My Commission Expires: Seotember 28, 2022 CERTIFICATE (Ekpiraiton of notary's commission does not hma[idote tlds Immmeat) 1, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the fiiregotap -�ttd Attached Power of Attorney remains In full force and has not been revoked; and furthermore, that the Resolutions of the board of directors sit 16rth, in Power of Attorney, are now in force. _ CX17th SePtOMbO& 72-6400 as �t SEA i Signed and seated at the City of Brookfield, WI this day of ns� � 8aff s ORSC 22262 (3-08) Asais. at BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 9/16/2020 Department Name Charlotte Brach Engineering BPW Date 9/22/2020 Phone Extension 9246 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 — Professional Services Agreement ❑ Contract ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ® Other: Utility Extension Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description ❑ Amendment/Addendum ❑ Bid Award ❑ Quote Award ❑ C/O & PCA No. ❑ Traffic Control Information All Submissions U Proposal ❑ Special Purchase, QPA ❑ Req. to Advertise ® Title Sheet ❑ Reject Bids/Quotes ❑ PCA ❑ Resolution ❑ Ease./Encroach ❑ Yes[:] If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached Yes ❑ No Audubon Woods Section 2 DP 19-004 Utility Extension Agreement and title sheet for Audubon Woods Section 2. 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: