HomeMy WebLinkAboutSanitary Sewer Extension Agreement & Title Sh- Sanitary Sewer Extension at Inverness Woods – Westview Capital, LLC
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
September 28, 2021
Mr. Brian Wood
Westview Capital, LLC
2186 E. Centre Ave.
Portage, MI 49002
bwood@allenedwin.com
RE: Sanitary Sewer Extension Agreement
Dear Mr. Wood:
At its September 28, 2021 meeting, the Board of Public Works approved the above
referenced agreement for a sanitary sewer extension at Inverness Woods.
In accordance with the agreement, please forward the following document within ten
(10) business days of the execution of this agreement to my attention at
lhensley@southbendin.gov:
1) Certificate of Insurance naming the City of South Bend as an additional insured.
If you have any further questions regarding this matter, please call this office at (574) 235-9251.
Sincerely,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
AF/lh
SANITARY SEWER EXTENSION AGREEMENT
This Sanitary Sewer Extension Agreement (“Agreement”) is made on the ____ day of
_____, 20__ by and between Fairway, L.L.C. (“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”).
WHEREAS, Owner intends to develop 15 acres of real estate located within St. Joseph
County, Indiana; and
WHEREAS, Owner plans to extend and make additions to existing sanitary sewer systems
to serve said development as shown on the Exhibit A, attached and incorporated hereto (the
"Dedicated Improvements"), and desires certain commitments from City; 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
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. Construction Inspection
28th.
September 21
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 area
planning requirements, 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 limited to: mandrel deflection testing and sanitary sewer taps. The Owner
agrees to perform any necessary adjustments as reasonably requested by the City to ensure the
Dedicated Improvements are constructed in accordance with Exhibit A.
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 and to comply with all
applicable laws.
4. Engineer’s Estimate
The Owner has provided an Engineer’s Estimate (See Exhibit B, incorporated herein by
reference and attachment) for the cost to construct the sanitary sewermain portion of the Dedicated
Improvements, including but not limited to, excavation, pipe materials, and all other appurtenant
materials, supplies and equipment, permit fees, backfill and bedding.
5. Performance Bond
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. The performance bond shall be provided concurrently with the
execution of this Agreement and attached as Exhibit C.
6. 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 10 below.
7. Term
Except as otherwise provided herein, this Agreement shall continue for a period of sixteen (16)
months from the Effective Date of this Agreement, or upon the issuance of the relevant occupancy
permit(s), whichever occurs last.
8. 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's 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 South Bend, Indiana 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
https://southbendin.gov/wp-content/uploads/2020/05/Prevailing-Supplemental-
Specifications.pdf
Owner’s failure to comply with this Section 8 shall be a material breach of this Agreement.
9. System Development Charges
Simultaneously with the execution of this Agreement, the Owner shall pay the City a sum
of $34,006.50 (thirty four thousand, six dollars and 50/100) for access to the City’s sanitary sewer
systems set forth as Exhibit D. For purposes of this section 9 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 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 dollars ($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.
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, h 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. 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
reserves the right to require an additional capital contribution should Owner’s flow rate exceed the
predicted level. Such additional capital contribution will be based on the proportional share of
Owner’s use of the City's sewer sanitary system.
10. Waiver of Remonstration
Owner agrees to waive its right to remonstrate and hereby consents to annexation. Further,
Owner agrees to execute a petition of annexation upon request by the City.
11. 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.
12. 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 Owner and the Dedicated
Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence.
Owner agrees to provide to the City a certificate of insurance evidencing such coverage within ten
(10) days of the execution hereof.
13. 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.
14. Material Breach
In the event either party breaches any of the provisions set forth herein, the non-breaching
party shall provide written notice of the breach to the breaching party. Upon receipt of the notice,
the breaching party shall use its good faith efforts to cure the breach as soon as practical. In the
event the breach is not cured within a reasonable amount of time, the non-breaching party may
terminate this Agreement and pursue its legal and equitable remedies.
15. Governing Law and Jurisdiction
This Agreement shall be construed and interpreted according to the laws of the State of Indiana
and shall be enforced in any court of competent jurisdiction in St. Joseph County, 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.
16. Severability
Wherever possible, each provision of this Agreement shall be interpreted in such a 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.
17. Waiver
No provision of this Agreement will be deemed waived, unless such waiver will be in writing
and signed by the party against which the waiver is sought to be enforced. The waiver will not be
construed to be a waiver of any succeeding breach of any such provision, a waiver of the provision
itself, or a waiver of any other provisions of this Agreement. No delay or omission on the part of
either party to exercise or avail itself of any right, power, or privilege that it has or may have under
this Agreement will operate as a waiver of any breach or default.
18. Time
Time is of the essence of this Agreement.
19. 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.
20. 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.
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.
(Remainder of page intentionally left blank)
September 28, 2021
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STA 1+00 TO 11+00ZDHZDHRAN06-29-20211"=50'1"=5'21-0242178
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STA 11+00 TO 12+17ZDHZDHRAN06-29-20211"=50'1"=5'21-0242179
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PREVENETION PLAN (SWPPP)ZDHZDHRAN06-29-20211"=60'21-02421712“”
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PREVENTION PLAN (SWPPP)ZDHZDHRAN06-29-202121-02421715ASSESSMENT OF CONSTRUCTION PLANELEMENTS (SECTION A)ASSESSMENT OF STORM WATER POLLUTION PREVENTIONPOST CONSTRUCTION COMPONENT (SECTION C)CONSTRUCTION / STORM WATER POLLUTION PREVENTION PLANASSESSMENT OF STORM WATER POLLUTION PREVENTION CONSTRUCTION COMPONENT (SECTION B) “”“”
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PREVENTION PLAN (SWPPP)ZDHZDHRAN06-29-202121-02421716·································
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EXHIBIT B
ENGINEER’S ESTIMATE
Inverness Woods - Phase 2
September 15, 2021
Description Quantity Unit Unit Price Cost
1 Mobilization/Demobilization 1 LS 5.0% $8,240.95
2 Testing 1 LS 2,500.00$ $2,500.00
3 Sanitary Sewer, 8" PVC, SDR 35 1,445 lft 55.00$ $79,475.00
4 Standard Sanitary Manholes 7 EA 3,000.00$ $21,000.00
5 Sanitary Laterals, 6"33 EA 1,500.00$ $49,500.00
Subtotal TOTAL: $160,715.95
As-Builts 1 LS $5,000.00 $5,000.00
TOTAL:$165,715.95
City of South Bend Sanitary Sewer Construction Cost Estimate
Page 1 of 1
EXHIBIT C
PERFORMANCE BOND
EXHIBIT D
SYSTEM DEVELOPMENT CHARGE
Estimate Provided On:8/18/2021
Estimate Provided By:C. Brach
Values Unit Type
Single Family Homes # of Unit Types 33 houses
Estimated Flow (gpd) for Single Family Homes 310 per house
Estimated Total Flow for Single Family Homes 10230 gpd
Estimated Total Flow for Inverness Woods 10230 gpd
ERU calculation 33.000 ERU
ERU rounddown 33 ERU
Sewer SDC Calculation ($1145 per ERU)
Estimated Amount Due for Inverness Woods
Estimated 10% Discounted Total (Payment in full)
Estimate for System Development Charges
Inverness Woods
South Bend, IN
(1) 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 wastewater
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.
(3) System development charges per ERU shall also be collected from existing customers undertaking activities
producing a permanent increase in wastewater flow of greater than three hundred ten (310) gallons per day. This
subsection shall not apply to an existing customer who has, by contract, purchased reserved capacity from the City so
long as the customer's flows remain within the reserved capacity. A permanent increase shall be deemed to have
occurred when the average flow rate for six (6) consecutive months exceeds the current flow rate by at least three
hundred ten (310) gallons per day.
Per the Ordinance of the Common Council of the City of South Bend, System Development Charges are summarized
below from Sections 17-79 and 17-80:
(2) Except as provided in Subsections (5) and (6) of this section, for every new connection to the South Bend Municipal
Sewer Works, a system development charge of one thousand one hundred forty-five dollars ($1,145.00) shall be
collected per ERU and additional portion thereof to be connected. All charges shall be billed by the City at the time the
application for service is filed.
Sec. 17-79. - System Development Charge for Wastewater inside and outside City limits.
(4) For multifamily structures (e.g., apartments, condominiums, mobile home communities), each individual unit shall be
one (1) ERU. For all other types of structures, the ERU calculation shall be based upon the ratio of Average Daily Flow as
computed pursuant to 327 IAC 3-6-11 in relationship to three hundred ten (310) gallons per day. For structures not listed in
327 IAC 3-6-11, the ERU shall be calculated as the relationship between the Average Daily Flow reported in the sewer
capacity certification for the structure and three hundred then (310) gallons per day.
(5) For customers with greater than twenty (20) ERUs as calculated pursuant to subsection (4) of this section, the ERU shall
be adjusted based upon the Peaking Factor as computed herein. The Peaking Factor shall be calculated by dividing
the Peak Daily Flow by the Average Daily Flow, both as reported in the sewer capacity certification. In no event will a
Peaking Factor less than 2.0 be used for purposes of the adjustment described in this subsection. The Peaking Factor
divided by 4.0 (the Peaking Factor for residential connections) will be multiplied by the number of ERUs for purposes of
computing the system development charge owed by the customer. The City Board of Works may execute a contract
with the customer authorizing an increase to the initial System Development Charge based upon actual usage data
that is collected after connection.
37,785.00$
34,006.50$
**Estimate is based on projected uses and calculations provided by owner/consultant**
37,785.00$
(a) The property owner may pay all charges in full prior to time the installation work is commenced. Prepayment of
expenses in advance under this section shall entitle the owner to a ten (10 ) percent discount of the total charge.
Sec. 17-85. - Methods of payment; prepayment with discount; installment plan.
(6) Where a prospective customer seeks to connect a new structure on property which replaces a prior structure of a
similar use what was located on the same property and which was connected to the South Bend Municipal Sewer
Works, no system development charge will be collected. For instance, if the prior structure was a single family structure
and the new structure is to be used as a multi-family structure, a system development charge, as contemplated herein
this section, shall be charged. The Board of Public Works shall make the final determination of whether the new property
structure is a similar use to the prior property structure for the purposes of this subsection.
(4) For multifamily structures (e.g., apartments, condominiums, mobile home communities), each individual unit shall be
one (1) 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 three hundred ten (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 water
capacity certification for the structure and three hundred ten (310) gallons per day.
(5) For customers with greater than twenty (20) ERUs as calculated pursuant to subsection (4) of this section, 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 Board of Works 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.
(6) Where a prospective customer seeks to connect a new structure on property which replaces a prior structure of a
similar use what was located on the same property and which was connected to the South Bend Municipal Water
Works, no system development charge will be collected. For instance, if the prior structure was a single family structure
and the new structure is to be used as a multi-family structure, a system development charge, as contemplated herein
this section, shall be charged. The Board of Public Works shall make the final determination of whether the new property
structure is a similar use to the prior property structure for the purposes of this subsection.
Sec. 17-80. - System Development Charge for Water inside and outside City limits.
(1) 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.
(3) System development charges per ERU shall also be collected from existing customers undertaking activities
producing a permanent increase in water flow of greater than three hundred ten (310) gallons per day. This subsection
shall not apply to an existing customer who has, by contract, purchased reserved capacity from the City so long as the
customer's flows remain within the reserved capacity. A permanent increase shall be deemed to have occurred when
the average flow rate for six (6) consecutive months exceeds the current flow rate by at least three hundred ten (310)
gallons per day.
(2) Except as provided in Subsections (5) and (6) of this section, 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.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 9/22/2021 Department Engineering
Name Kyle Silveus Phone Extension
BPW Date 9/28/2021 Phone Extension -
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 – Required for 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. Resolution
Chg. Order, No. Traffic Control Ease./Encroach
Other: Sanitary Sewer
Extension Agreement
Ease./Encroach
Required Information
Company or Vendor Name Westview Capital, LLC.
New Vendor Yes If Yes, Approved by Purchasing
No C
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Inverness Woods Sewer Extension Agreement
Project Number DP21-011
Funding Source N/A
Account No. N/A
Amount N/A
Terms of Contract N/A
Purpose/Description Sanitary Sewer Extension Agreement. This extension is within the
serviceable area outlined in the Sewer and Water Extension Policy for areas
outside of the City Limits.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount: