Loading...
HomeMy WebLinkAboutDedicated Improvements Agreement - Temp. Asphalt Drive – Beacon Health System Memorial Hospital ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MICOU 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 January 9, 2024 Mr. Mark Bralick Beacon Health System Memorial Hospital 615 N. Michigan St. South Bend, IN 46601 MBralick@beaconhealthsystem.org RE: Dedicated Improvements Agreement Dear Mr. Bralick: At its January 9, 2024 meeting, the Board of Public Works approved the above referenced agreement for installation of temporary asphalt drive approaches at Beacon Tower and replace the sidewalk, curb, and landscaping when the project is finished. Enclosed please find the original of the agreement for your signature. Please sign and return the original agreement to lhensley@southbendin.gov. Please retain a copy for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh MEMORIAL HOSPITAL DEDICATED IMPROVEMENTS AGREEMENT This Beacon Health System Memorial Hospital Dedicated Improvements Agreement (the "Agreement") is made on this _2_nd day of _January_ 2023 by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board of Public Works, and Beacon Health System Memorial Hospital, an Indiana 501(c)3 organization with an address of 615 N Michigan Street, South Bend, Indiana 46601 (the "Owner"), in order for the Owner to temporarily occupy and construct or re-construct dedicated improvements in the public right-of-way (the "R.O.W.") along Bartlett Street and Main Street, adjacent to Owner's project site within the City's municipal boundaries (the "Project Area"). WHEREAS, the City holds title to parts of the Project Area, namely the R.O.W.; and WHEREAS, Owner's project site is located at the property commonly known as Memorial Hospital, 615 N Michigan Street within the City; and WHEREAS, pursuant to the City's municipal code, the City's Engineering Department has granted Owner a permit for the temporary occupancy and a partial temporary closure of the Bartlett Street R.O.W. in order to facilitate construction of Owner's project adjacent thereto; and WHEREAS, Owner intends to repair and/or replace the trees and tree lawn, curbs, sidewalks, and traffic signage in the R.O.W. ("Dedicated Improvements") as more particularly set forth on E xhibit A, which is attached hereto and incorporated herein by reference, upon the completion of its temporary occupancy or use of or in the relevant R.O.W.; and WHEREAS, the City desires that the public utilities, including water main, sanitary sewer, storm sewer, and street lighting, remain protected from damage and accessible for maintenance during the duration of the Owner’s construction project; and WHEREAS, Owner desires the temporary occupancy and partial temporary closure of the R.O.W. from time to time in order to facilitate Owner's project and construct the Dedicated Improvements in the R.O.W.; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, and the above recitals which are incorporated into this Agreement, the adequacy of which consideration the parties expressly acknowledge, Owner and the City agree as follows: 1. 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 as set forth in Exhibit A, in particular with regard to area planning, 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 within the R.O.W. Key milestones shall include but not limited to: hot mix asphalt placement, placement of any drainage apparatus, concrete placement, and tree installation. The Owner agrees to perform any necessary adjustments as reasonably required by the City, in the sole discretion of the City Engineer or her designee, as a result of such inspections. The failure of Owner to comply with this Section l shall be a material breach of this Agreement. 2. Permits It shall be Owner's sole responsibility and expense to obtain all permits associated with the construction and installation of the Dedicated Improvements in the R.O.W. and to comply with all applicable laws. Owner's failure to comply with this Section 2 shall be a material breach of this Agreement. 3. Performance Bond Owner agrees to 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 pursuant to this Agreement. 4. Maintenance Bond Owner agrees to provide the City with a maintenance bond equal to ten percent (10%) of the construction cost covering all work performed pursuant to this Agreement, and such bond shall remain in effect for three (3) years after dedication as described in Section 6 below. 5. Term This Agreement shall continue for a period of three (3) years from the Effective Date of this Agreement, or upon the issuance of the relevant occupancy permit(s), whichever occurs last. 6. Dedication The Owner understands the dedication of the Dedicated Improvements to the City is a requirement for occupancy. Upon completion of the construction of the Dedicated Improvements, substantially as depicted in Exhibit A, 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. It is understood by Owner that no dedication shall be accepted by the City until all required easements have been conveyed, accepted, and recorded by the City. Additionally, prior to dedication, the following must be satisfied: a. All parts and labor must meet the requirements stated in the design specifications as presented to and approved by the City Engineering Department. b. Owner must provide copies of test reports or cut sheets on all materials supplied. c. Owner must provide As-Built drawings in accordance with the City of South Bend Prevailing Specifications for Public Works. Owner's failure to comply with this Section 6 shall be a material breach of this Agreement. 7. Indemnification Owner shall indemnify, defend, 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, using counsel acceptable to the City, and to pay promptly any judgment rendered therein. 8. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement, commercial general liability insurance covering the company and activity in the amount not less than Five Million Dollars ($5,000,000) per occurrence. Owner agrees to include the City as an additional insured on any such policy and produce to the City a certificate of insurance evidencing the same within ten (10) days of the execution hereof. To the extent that the City is harmed as a result of the construction of the Dedicated Improvements, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in the Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 9. Assignment This Agreement may not be assigned by Owner, including through a Change in Control event, without the express written consent of the City which such consent may be withheld for any reason. A Change in Control event shall mean either (a) the merger of Owner into or with an unrelated third party entity, (b) a transaction or series of related transactions in which a third party becomes the beneficial owner of fifty percent (50%) or more of the membership units of Owner, or (c) the sale of all or substantially all of the assets of Owner. A violation of this Section 9 shall be a material breach of this Agreement. 10. 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 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 call on the performance bond. 11. 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. 12. 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. 13. 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. 14. Time Time is of the essence of this Agreement. 15. 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. 16. 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 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 Effective Date. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. Beacon Health System Memorial Hospital By:________________________________ ________________, Member January 9, 2024 EXHIBIT A MEMORIAL HOSPITAL DEDICATED IMPROVEMENTS DIMENSIONAL PLAN - PHASE II1"=20'C701.SCALE:DATE:JOB NUMBER:DESIGNED BY:DRAWN BY:REV.DESCRIPTION BY DATE The concepts, designs, plans, details and other information as shown on this document are the sole property of JPR and were created, developed, and presented for use on this specific project.  None of the concepts, designs, plans, details or other information hereon shall be used or disseminated without the expressed written permission of JPR. © 2023 JPR - All Rights Reserved. South Bend, IN p: 574.232.4388 Elkhart, IN p: 574.293.7762 Fort Wayne, IN p: 260.422.2522 MEMORIAL TOWER CONSTRUCTION PROJECT LAY DOWN AREA WALSH GROUP SOUTH BEND IN 46601615 N MICHIGANMARCH, 20232022-0216RJH / JHRJHJ O N E S P E T R I E R A F I N S K IREVIEWED BY:ACH:\2022 Projects\2022-0216\ENG\Tower Lay-Down Area Plans\C601- DIMENSIONAL - II.dwg, 9/11/2023 11:54:53 AM, AutoCAD PDF (General Documentation).pc3 SITE GRADING PLAN - PHASE II1"=20'C801.SCALE:DATE:JOB NUMBER:DESIGNED BY:DRAWN BY:REV.DESCRIPTION BY DATE The concepts, designs, plans, details and other information as shown on this document are the sole property of JPR and were created, developed, and presented for use on this specific project.  None of the concepts, designs, plans, details or other information hereon shall be used or disseminated without the expressed written permission of JPR. © 2023 JPR - All Rights Reserved. South Bend, IN p: 574.232.4388 Elkhart, IN p: 574.293.7762 Fort Wayne, IN p: 260.422.2522 MEMORIAL TOWER CONSTRUCTION PROJECT LAY DOWN AREA WALSH GROUP SOUTH BEND IN 46601615 N MICHIGANMARCH, 20232022-0216RJH / JHRJHJ O N E S P E T R I E R A F I N S K IREVIEWED BY:ACH:\2022 Projects\2022-0216\ENG\Tower Lay-Down Area Plans\C701-GRADING - II.dwg, 9/11/2023 11:55:19 AM, AutoCAD PDF (General Documentation).pc3 SITE DETAILSNONESD101 .SCALE:DATE:JOB NUMBER:DESIGNED BY:DRAWN BY:REV.DESCRIPTION BY DATE The concepts, designs, plans, details and other information as shown on this document are the sole property of JPR and were created, developed, and presented for use on this specific project.  None of the concepts, designs, plans, details or other information hereon shall be used or disseminated without the expressed written permission of JPR. © 2023 JPR - All Rights Reserved. South Bend, IN p: 574.232.4388 Elkhart, IN p: 574.293.7762 Fort Wayne, IN p: 260.422.2522 MEMORIAL TOWER CONSTRUCTION PROJECT LAY DOWN AREA WALSH GROUP SOUTH BEND IN 46601615 N MICHIGANMARCH, 20232022-0216RJH / JHRJHJ O N E S P E T R I E R A F I N S K IREVIEWED BY:ACH:\2022 Projects\2022-0216\ENG\Tower Lay-Down Area Plans\SD101-SITE DETAILS.DWG, 9/11/2023 11:55:33 AM, AutoCAD PDF (General Documentation).pc3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 12/19/2023 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: 1/9/2024 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt 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: Dedicated Improvements Agreement Ease./Encroach Required Information Company or Vendor Name Beacon Medical Group New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name N/A Project Number N/A Funding Source N/A Account No. N/A Amount N/A Terms of Contract Purpose/Description Dedicated improvements agreement to allow Beacon to install temporary asphalt drive approaches for Beacon Tower construction. Sidewalk, curb, and landscaping shall be replaced when the project is finished. 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: