HomeMy WebLinkAboutTitle Sheet - Four Winds Casino Resort Sewer Extension Proj No. DP 19-81January 25, 2022
GARY A. GILOT ELIZABETH A. MARADIK JORDAN V. GATHERS JOSEPH R. MOLNAR
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
December 17, 2020
Mr. Matthew Wesaw
Pokagon Band of Potawatomi Indians & Pokagon Gaming Authority
58620 Sink Rd.
Dowagiac, MI 49047
RE: Amendment No. 1 to Water Service and Sewer Service Agreement
Dear Mr. Wesaw:
The Board of Public Works, at its meeting held on December 17, 2020, approved the above
referenced amendment for the easement and payment terms and conditions related to the full
build-out phase of the Four Winds South Bend Casino in the amount of $500,000 as a
contribution from the Pokagon Band to the City for design and construction services.
Enclosed please find the original of the amendment for your signature. Please sign and return
the original amendment to lhensley@southbendin.gov. Please retain a copy 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
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENVIRONMENTAL SERVICES
TO: Members of the Board of Public Works
Clara McDaniels, Assistant City Attorney Public Works
Linda M. Martin, Clerk
FROM: Jacob M. Klosinski, P.E., Assistant City Engineer
SUBJECT: Amendment No. 1 to a Water Service and Sewer Service Agreement
between the City of South Bend, Indiana, Pokagon Band of Potawatomi
Indians and the Pokagon Gaming Authority
Agenda Request – Amendment
DATE: December 11, 2020
The City of South Bend, Indiana Department of Public Works, the Pokagon Band of Potawatomi
Indians and the Pokagon Gaming Authority desire the Board of Public Works approval of
Amendment No. 1 to the existing Water and Sewer Agreement between the subject parties as it
relates to the Full Build-Out Phase of the Four Winds South Bend site.
Please refer to the subject Amendment No. 1 which details the financial obligations and contribution
requirements of the City of South Bend, Indiana, the Pokagon Band of Potawatomi Indians, and the
Pokagon Gaming Authority as it relates to Amendment No. 1.
For questions regarding the subject agenda request, contact Jacob M. Klosinski (Ext. 9496) at
the Division of Engineering.
AMENDMENT NO. 1
to
WATER SERVICE AND SEWER SERVICE AGREEMENT
This Amendment modifies the Water Service and Sewer Service Agreement
made on the 22nd day of March, 2016 by and between the POKAGON BAND
OF POTAWATOMI INDIANS (the “Band”), the POKAGON GAMING
AUTHORITY, an unincorporated instrumentality of the Band (“PGA”), and
the CITY OF SOUTH BEND, a municipal corporation existing under the
laws of Indiana (the “City”).
RECITALS
A. WHEREAS on November 28, 2016 pursuant to a final agency
determination by the Assistant Secretary – Indian Affairs for the U.S.
Department of the Interior, the United States accepted the conveyance of
approximately 166 acres located in the southeast quadrant of Prairie Avenue
(State Road 23) and US -31 in South Bend, Indiana (“Site”) Site in trust for the
Band;
B. WHEREAS the Water Service and Sewer Service Agreement
entered into on March 22, 2016 (hereinafter referred to as the “Water/Sewer
Agreement”) by the City, the Band and PGA (the Band and PGA collectively,
the “Band Parties”) provides that the Band Parties will install an Initial Phase
water and sanitary sewer infrastructure to serve the Phase I Development of
the Site and will install a Full Build -Out Phase water and sewer infrastructure
to serve additional development on the Site if projected additional water and
sewer demands reach the “Full Build -Out Threshold” criteria described in the
Water/Sewer Agreement;
C. WHEREAS in October of 2019, PGA commenced construction on
a Phase II Development of the Site which, when complete, is projected to
trigger the Full Build-Out Threshold requiring the Full Build -Out Phase of
water and sanitary sewer systems serving the Site;
D. WHEREAS the Water/Sewer Agreement reflects the City’s desire
that the Full build -Out Phase water system extension and sewer system
extension be designed and constructed in a manner that will serve the City’s
plans for expanding services to future customers and the Band Parties support
the City in its effort to fulfill its goal under the terms and conditions of th e
Water/Sewer Agreement and this Amendment.
E. WHEREAS subsequent to entering into the Water/Sewer
Agreement, the City determined that certain changes to the design for the Full
Build-Out Phase water system described in the Water/Sewer Agreement were
Page 2 of 7
desirable to better align with the City’s long -range planning and to bring
service to a larger number of customers expected to reside southwest of the
Site.
F. WHEREAS changes to the Full Build -Out Phase water system
proposed by the City will significantly increase the scope and cost of the work
described in the Water/Sewer Agreement and, as a result, the City proposes to
assume the sole responsibility for the design and construction of the Full Build -
Out Phase for the water system in exchange for a financial contribution from
the Band Parties in the amount of $500,000, which amount represents the
Band Parties’ equitable share of the increased cost for the design and
construction of the modified Full Build -Out Phase water system;
NOW, THEREFORE, in consideration of the obligations, terms and
conditions contained herein, the adequacy of which the parties expressly
acknowledge, the Band, PGA, and the City agree as follows:
1. Recitals true. The above recitals are true.
2. Amendments.
A. Exhibit A, Exhibit C -1, Exhibit C-2, and Exhibit C -3 to the Water/Sewer
Agreement are deleted and are replaced by Exhibit A, Exhibit C -1,
Exhibit C-2, and Exhibit C -3 attached hereto.
B. As contemplated in Paragraph 4(b)(1) of the Water/Sewer Agreement,
the Band Parties and the City agree that the design and construction
of the Full-Build-Out Phase water system and sewer system shall
commence prior to the date the Full Build-Out Threshold is met. The
Band Parties and the City further agree to work diligently and
cooperatively in good faith to complete the design and construction
work of the Full Build -Out Phase to ensure that it is fully operational
not later than the date of completion of the Phase II Development of the
Site.
C. Subparagraph 4(b)(1)(A) is amended in its entirety to state as follows:
(A). To complete the loop of the watermain that is located off the
Site; and.
D. Paragraph 5(b) is amended by deleting in its entirety the first sentence
and replacing it with the following new sentence: “Provide to the City
all design plans for the Initial Phase improvements to the water system
Page 3 of 7
and the sewer system and for the Full Build -Out Phase improvements
to the water system located on the Site and to the sewer system located
on the Site and off the Site.
E. Paragraph 5(f) is amended in its entirety to state as follows:
(f). Not later than the date of completion of the Phase II
Development of the Site , at the Band Parties’ cost, design
and obtain all City, State or other regulatory permits
required by law, and construct the Full Build -Out Phase
improvements to the sewer system located off the Site. Such
improvements are limited to the following:
(1). Bore and jack to install a 24″ diameter sewer trunkline
Extension from the Site Boundary north under Prairie
Avenue;
(2). Install a 36″ diameter sewer trunkline Extension from
Prairie Avenue along an easement to be acquired and
continuing through an existing easement to the Calvert
Street Lift Station;
(3). During the 18-month build out, the discharg e from the
lift station cannot exceed 225 gpm due to the existing
capacity of the Locust Road sewer main; and
F. Section 5 is amended by insert ing the following new Paragraph (g) and
Paragraph (h) immediately after Paragraph (f) and by revising the
letters of all subsequent Paragraphs in Section 5 accordingly:
(g). Contribute $500,000 to the City to assist with the cost of
design and construction of the off-site portion of the Full
Build-Out Phase water system , which contribution shall be
made by the Band within fifteen (15) days from the date of
completion of the off-site portion of the Full Build -Out Phase
water system.
(h) The Band Parties shall not be responsible for payment to the
City of any connector charges, assessment fees, or other costs
for connecting to the Full Build -Out water system or sewer
system and, in exchange, the Band Parties shall forego their
right to receive a rebate of all amounts the City receives from
subsequent connector charges and assessment fees paid by
Page 4 of 7
other customers for non-mainline connections to a trunkline
sewer Extension or a water supply Extension that directly
extends from the Site but is located off the Site if such
extension was paid for entirely by the Band Parties .
G. Section 6 is amended by i nserting at the beginning of Section 6 the
following new Paragraph (a), new Paragraph (b), and new Paragraph
(c) and by revising the letters of all subsequent Paragraphs in Section
6 accordingly:
(a). Prepare all design plans for the off-site portion of the Full
Build-Out Phase water system improvements. The design
plans will be prepared at the City’s expense and shall be
approved by the applicable regulatory agencies, and other
governmental bodies prior to construction.
(b). Not later than the date of completion of the Phase II
Development of the Site, at the City’s cost, design and obtain
all City, State or other regulatory permit s required by law,
and construct the Full Build -Out Phase improvements to the
water system located off the Site. The City shall, at its cost,
be solely responsible for obtaining any easements that may
be needed to construct the off-Site portion of the water
system improvements and for completing all connections
between the off-Site and on-Site water system
improvements.
(c). If and when desired by the City at its discretion in order to
extend City water services to customers located south of US -
31, the City shall, it its sole cost, bore and jack to install a
12″ diameter waterline Extension from the Site boundary
south under US-31.
H. Section 6 is amended by deleting in its entirety the last sentence of
Paragraph (e)(formerly Paragraph (b)) and replacing it with the
following new sentence: “The Band Parties and the City shall endeavor
in good faith to reach agreement regarding the selection of a qualified
firm to conduct the inspections and testing, the cost of which will be
borne by the party responsible in this Agreement for the design and
construction of the improvements being inspected and tested .”
Page 5 of 7
I.Section 6 is amended by deleting in its entirety Paragraph (j)(formerly
Paragraph (h)).
3.Miscellaneous Provisions.
(a). No Other Amendments . Except as expressly amended or waived
hereby, all terms and conditions contained in the Water/Sewer
Agreement, as amended or waived by this Amendment No. 1, shall
remain unchanged and in full force and effect in accordance with their
respective terms. All references in the Water/Sewer Agreement to “this
Agreement” and “herein” and all references to the Agreement in any
exhibits or attachments to the Agreement and in any documents
executed in connection with the Agreement shall mean the Agreement
as hereby amended .
(b). Severability. If any provision, or any portion of any provision, of this
Amendment No. 1 is found to be invalid or unenforceable, such
unenforceable provision, or unenforceable portion of such provision,
shall be deemed severed from the remainder of this A mendment and
shall not cause the remainder of this A mendment to be invalid or
unenforceable. If any provision, or any portion of any provision, of this
Amendment is deemed invalid due to its scope or breadth, such
provision shall be deemed valid to the extent of the scope or breadth
permitted by law.
(c). Entire Agreement. This Amendment No. 1 and the Water Service and
Sewer Service Agreement made by and between the parties on March
22, 2016 contain the entire understanding and agreement of the par ties
hereto and supersede all other prior agreements and understandings,
written or oral between the parties. There are no oral agreements.
(d). Preparation of Agreement. This Amendment No. 1 was drafted and
entered into after careful review and upon the advice of competent
counsel; it shall not be construed more strongly for or against any party.
(e). Execution. This Amendment No. 1 may be executed in counterparts,
all of which taken together shall constitute one document.
(f). Authorization. Each person signing for an entity warrants that he or
she is duly authorized to do so.
Page 6 of 7
This Amendment No. 1 was executed as of December ___, 2020.
POKAGON BAND OF
POTAWATOMI INDIANS
By: _______________________________
Matthew Wesaw, Tribal Chairman
By: _______________________________
Kelly Curran, Tribal Secretary
Date: ______________________________
POKAGON GAMING
AUTHORITY
By: ______________________________
Matthew Wesaw, President/CEO
By: ______________________________
Kelly Curran, Board Secretary
Date: _____________________________
17,
Page 7 of 7
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
By: ________________________________
Gary A. Gilot, Board President
By: ________________________________
Elizabeth A. Maradik, Member
By: ________________________________
Jordan V. Gathers, Member
By: ________________________________
Joseph R. Molnar, Member
ATTEST:
By: ________________________________
Linda M. Martin, Clerk
Date: ______________________________ December 17, 2020
Exhibit A
Description of Layouts for the
Initial Phase and Full Build -Out Phase
Exhibit A is an engineer’s drawing showing the layouts for the Initial Phase
and Full Build -Out Phase of the water system and sewer system serving the
Site.
Calvert St
RENEWABLE RDCALVERT RD.
SR2
3/
P
R
AI
RI
E
A
V
E.
U
S
2
0
/
3
1
LOCUST RD.WATER SERVICE AND
SEWER AGREEMENT
EXHIBIT A
DESCRIPTION OF LAYOUTS
ACCORDING TO FULL
BUILD-OUT
36" SS36" SSCALVERT RD.
LIFT STATION
SITE LIFT STATION
TO BE ABANDONED
AFTER CONNECTION
TO CALVERT ROAD
LIFT STATION
8" SS
12" W
8
"
W
24"
S
S
12"
W
12" W
12
"
W
8"
S
S
SEE EXHIBIT C2 FOR
DELINEATION OF
PUBLIC AND PRIVATE
SYSTEM LIMITS 8" W8" SS8" SS
12" W
6" FM
6" FM
N
END OF FULL
BUILDOUT PHASE
8" SS8" WLEGEND
PUBLIC
SANITARY
SEWER
PUBLIC
WATER
MAIN
8" SS
12" W
PRIVATE
SANITARY
SEWER
PRIVATE
WATER
MAIN
8" SS
12" W
24" SS
ICE TRL.MAGNOLIA RD.WABASH ST.PROSPECT ST.MEADE ST.FAIRVIEW RD.
VICTORIA ST.SR23/PRAIRIE AVE.U
S
2
0
/
3
1
END OF FULL
BUILDOUT PHASE
MYRTLE RD.SITE
BOUNDARY
WATER MAIN
SOUTHWEST
OF THIS POINT
TO BE DESIGNED
AND INSTALLED
BY THE CITY OF
SOUTH BEND
Page 9 of 11
Exhibit C-1
Description and Drawing of Public Portion
Subject to City’s Ongoing Maintenance and Repair
Xref ..\B20 By Others\Architectural-HBG\HBG Building.dwg LOCUST RDWATER SERVICE AND SEWER
AGREEMENT
EXHIBIT C1
DESCRIPTION AND DRAWING
OF PUBLIC PORTION
SUBJECT TO CITY'S ONGOING
MAINTENANCE AND REPAIR
SEE EXHIBIT C2
FOR DELINEATION
OF PUBLIC AND
PRIVATE SYSTEM LIMITS
LEGEND
PUBLIC SANITARY SEWER
PUBLIC WATER MAIN
8" SS
12" W
N
ALL PROPOSED WATER AND
SEWER FACILITIES SHALL BE
PUBLIC WITHIN PROPOSED
EASEMENTS AND RIGHT OF
WAY EXCEPT AS NOTED.
PRIVATE SANITARY SEWER
PRIVATE WATER MAIN
8" SS
12" W RENEWABLE RDCALVERT RD.
SR23/
P
R
AI
RI
E
A
V
E.
U
S
2
0
/
3
1
36" SS36" SSCALVERT RD.
LIFT STATION
SITE LIFT
STATION
8" SS
12" W
8
"
W
24"
S
S
12"
W
12" W
12
"
W
8"
S
S 8" W8" SS8" SS
12" W
6" FM
6" FM
END OF FULL
BUILDOUT PHASE
8" SS8" W24" SS
ICE TRL.MAGNOLIA RD.WABASH ST.PROSPECT ST.MEADE ST.FAIRVIEW RD.
VICTORIA ST.SR23/PRAIRIE AVE.U
S
2
0
/
3
1
END OF FULL
BUILDOUT PHASE
MYRTLE RD.SITE
BOUNDARY
Page 10 of 11
Exhibit C-2
Description and Drawing of Public Portion
Subject to City’s Ongoing Maintenance and Repair
WATER SERVICE AND SEWER
AGREEMENT
EXHIBIT C2
DESCRIPTION AND DRAWING
OF PUBLIC PORTION
SUBJECT TO CITY'S ONGOING
MAINTENANCE AND REPAIR
N
LEGEND
PUBLIC
SANITARY
SEWER
PUBLIC
WATER
MAIN
8" SS
12" W
PRIVATE
SANITARY
SEWER
PRIVATE
WATER
MAIN
8" SS
12" W
PARKING GARAGE
UTILITY BUILDING
24" SS
8"
S
S
12" W
12" W
6" W
PUBLIC
SANITARY
PRIVATE
SANITARY
PUBLIC
WATER
PRIVATE
WATER
12"
W
GAMING FACILITY
U
S
2
0
/
3
1
R
OW
Page 11 of 11
Exhibit C-3
Description and Drawing of Public Portion
Subject to City’s Ongoing Maintenance and Repair
Xref ..\B20 By Others\Architectural-HBG\HBG Building.dwgRENEWABLE RDCALVERT RD.
SR23/
P
R
AI
RI
E
A
V
E.
U
S
2
0
/
3
1 LOCUST RDOFFSITE SEWER
EASEMENT
CALVERT RD.
LIFT STATION
SITE BOUNDARY
N
ALL WATER AND SEWER
FACILITIES SHALL BE PUBLIC
WITHIN PROPOSED EASEMENTS
AND RIGHT OF WAY EXCEPT AS
NOTED.
SEWER AND
WATER
EASEMENT
SEWER AND
WATER
EASEMENT
WATER SERVICE AND SEWER
AGREEMENT
EXHIBIT C3
DESCRIPTION AND DRAWING
OF PUBLIC PORTION
SUBJECT TO CITY'S ONGOING
MAINTENANCE AND REPAIR
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 11, 2020
Name Jacob M. Klosinski
Department
Engineering/Utilities
BPW Date December 17, 2020 Phone Extension Ext. 9496
Review and Approval Required Prior to Submittal to Board
Diversity Compliance
and Inclusion Officer Officer Name Michael Patton
BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name Clara McDaniels
Purchasing Michael Schmidt
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. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name
Amendment No. 1 to Resolution No. 19-2016; Amendment to Water
Service and Sewer Service Agreement with Pokagon Band of Potawatomi
Indians (the “Band”) and the Pokagon Gaming Authority (PGA)
Project Number
Funding Source
Account No.
Amount Refer to Easement Agreement regarding contributions and payment terms
Terms of Contract Refer to Easement Agreement regarding terms and conditions
Purpose/Description Public Works requests the approval of the subject Amendment No. 1 to a an
existing Water Service and Sewer Service Agreement which further defines
the obligations of the City, the Band and PGA under the water service and
sewer service agreement with respect to the Full Build-Out Phase of the Four
Winds South Bend Casino.
For Change Orders Only
Amount of Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
(%)
New Amount $
Total Percent of Change: Increase %
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 1/18/2022
Name Sue Ellen Doudrick Department Engineering
BPW Date 1/25/2022 Phone Extension 5922
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name
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. PCA
Chg. Order, No. Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name n/a
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Four Winds Casino Resort Sewer Extension
Project Number DP 19-81
Funding Source Privately Funded
Account No. n/a
Amount n/a
Terms of Contract n/a
Purpose/Description Installation of gravity sewer from Four Winds Casino to existing lift Station a
the intersection of Renewable Road and West Calvert Street. The sewer will
serve the casino hotel property and other future developments in the area in
the future.
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:
New Completion Date: