HomeMy WebLinkAboutMOU - Sanitary Sewer Improvements – St. Joseph County
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Members of the Board of Public Works
Michael Schmidt, Assistant City Attorney Public Works
Theresa Heffner, Clerk of Board of Public Works
FROM: Jacob M. Klosinski, P.E., Assistant City Engineer
SUBJECT: Memorandum of Understanding Regarding Sanitary Sewer System
Upgrades
DATE: May 8, 2024
The Department of Public Works, Division of Engineering, and Legal Department vetted
and reviewed the content of the subject Memorandum of Understanding Regarding
Sanitary Sewer System Upgrades between the St. Joseph County Redevelopment
Commission, the St. Joseph County Board of Commissioners, and the City of South Bend,
Indiana Board of Public Works. See attachment for content.
It is our recommendation for the Board of Public Works to approve and execute the subject
Memorandum of Understanding at its meeting on May 14, 2024.
Background
St. Joseph County has secured business investment for multiple properties within the area
designated as the “Indiana Enterprise Center” (IEC) along the State Road 2, Larrison Road,
and Edison Road corridors. As a result of this investment, sanitary sewer system upgrades
are necessary to service this new development and sustain future growth in this area in
New Carlisle, IN.
This effort will include substantial investment by St. Joseph County to replace existing
sanitary sewer pump stations with higher capacity pump stations, constructing new sanitary
pump station(s), upsizing gravity sewers along Smilax Road, Edison Road and Larrison
Road, and constructing new gravity sewer along State Road 2 to service these new
development projects.
The St. Joseph County Redevelopment Commission desires to pay for necessary sanitary
sewer improvements to serve new commercial and industrial customers. This will
effectively replace a substantial portion of sanitary infrastructure that was built during the
last major investment period in New Carlislie, IN and St. Joseph County in the late 1980’s
and early 1990’s when the IN TEK and IN KOTE Sanitary Trunk Sewers were extended to
New Carlisle to provide service for industrial developments and the Town of New Carlisle.
For questions regarding the subject agenda request, contact Jacob M. Klosinski, P.E.
(Ext. 9496) at the Division of Engineering.
MEMORANDUM OF UNDERSTANDING REGARDING SANITARY SEWER SYSTEM
UPGRADE
This Memorandum of Understanding (“MOU”), is made and entered into this ___ day of
___________, 2024 by and between the St. Joseph County Redevelopment Commission (the
“RDC”), the St. Joseph County Board of Commissioners (the “County”), and the City of South
Bend, Indiana Board of Public Works (the “City”) collectively referred to as (the “Parties”).
RECITALS
WHEREAS, the Parties have previously entered into a Memorandum of Understanding
to conduct an engineering study (the “Study”) to review certain utility improvement needs for the
Sanitary Sewer System (the “SSS”) within the Indiana Enterprise Center (“IEC”); and
WHEREAS, the Parties, to meet certain development needs within the IEC, have agreed
that certain improvements recommended in the Study are necessary and in need of completion;
and
WHEREAS, the SSS is currently owned and operated by the City; and
WHEREAS, the RDC desires to pay for certain costs associated with the SSS upgrades
as to be agreed to by the Parties; and
WHEREAS, this MOU serves to summarize the agreement between the parties related to
said funding.
NOW, THEREFORE, in consideration of the foregoing premises and of the promises
and commitments herein contained, the parties hereby understand and agree as follows:
1. SSS Upgrades. Certain SSS upgrades, including but not limited to, Larrison Road
Lift Station and Forcemain Replacement Project, Smilax Road Lift Station and Forcemain
Replacement Project, Niespodziany Road Lift Station and Forcemain Project, Edison Road &
Smilax Road Sanitary Sewer Project, and Larrison Gravity Sewer Project (the “Upgrades”) have
been determined by the Parties to be necessary for current and future development in the IEC.
The Parties further understand and agree that the RDC and the County, in their discretion, shall
make the final decision as to the need and necessity of any of the Upgrades and that by entering
into this Agreement, the RDC and the County does not commit, nor do they bind themselves to
perform all of the Upgrades.
2. Funding for the Upgrades. The RDC agrees to pay for the entire cost, or find
relevant funding sources, of any Upgrades which it agrees to perform and shall dedicate the
Upgrades to the City upon completion of the construction.
3. Ownership and Maintenance. While the City shall maintain ownership of the
Upgrades and be responsible for the continued and future maintenance of the Upgrades, the
construction bidding and inspection process of the contemplated Upgrades and related
infrastructure improvements shall be coordinated by the RDC and the County. The City reserves
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the right to provide additional inspection services as well as the ability to assign an engineer to
the Upgrade project, at its own expense, once construction commences.
4. Sharing of Information. The City, upon request, agrees to share with the RDC
and County, and their engineers and consultants, any and all information reasonably necessary
for design, construction, and completion of the Upgrades. RDC and the County agree and
understand that the City must approve any and all design specifications for the Upgrades, which
approval shall not be unreasonably withheld and shall be provided within a reasonable time, and,
the City may require reasonable changes to specifications so that the Upgrades conform to the
City’s standards. The RDC and the County reserve the right to review the City’s requested
changes and shall not be required to pay for any changes which the RDC and County do not
agree.
5. Bonding. RDC and the County agree and understand that the City shall be named
as a beneficiary of any payment, maintenance, or performance bond contemplated under Title 36
of the Indiana Code or the City’s Prevailing and Supplemental Specifications and that should a
dispute or issue arise related to the integrity of the construction on the Upgrades , RDC and the
County shall apply the proceeds of the bonds to the City. The RDC and County’s requirement
under this Section to apply bond proceeds shall only be applicable to the extent that said
proceeds are payable under the bonds. Application of the bond proceeds shall be the only
financial responsibility of the RDC and the County under this Section. Further, the City agrees
to take any action necessary to make claims under any applicable warranties which may be
available under the Upgrades.
6. The Parties hereto agree and understand that any and all future property
developments which connect to the Upgrades contemplated in this MOU shall be subject to the
City Ordinances, including local rules and rates related to water, sewer, stormwater and system
development charges.
7. Non-Discrimination. Pursuant to Ind. Code § 22-9-1-1-10 and the St. Joseph County
Human Rights Ordinance, no party to this MOU nor any of their contractors or subcontractors
shall discriminate against any employee or applicant for employment, to be employed in the
performance of any work under this MOU with respect to hire, tenure, terms or conditions or
privileges of employment, or any matter directly or indirectly related to employment because of
race, color, religion, sex, disability, national origin, ancestry, or veteran status, or any other
protected class under federal, state, or local law or ordinance. Breach of this covenant may be
regarded as a material breach of this MOU.
8. Duration of MOU. This MOU will remain in full force and effect until the
completion of the SSS Upgrades or termination by either party upon providing thirty (30) days
written notice to the other party.
9. Miscellaneous:
(a) Amendment: This MOU may be amended only by the mutual written consent
of the parties approved and executed in the same manner as this Agreement.
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(b) No Other Agreement. Except as otherwise expressly provided herein, this
MOU supersedes all prior agreements, negotiations, and discussions relative to
the subject matter hereof and is a full integration of the agreement of the parties.
(c) Severability. If any provision, covenant, agreement, or portion thereof or its
application to any person, entity or property is held invalid, such invalidity shall
not affect the application or validity of any other provisions, covenants,
agreements, or portions of this MOU, and to that end, any provisions, covenants,
agreements, or portions of this MOU are declared to be severable.
(d) Indiana Law. This MOU shall be governed by and construed in accordance
with the laws of the State of Indiana.
(e) Notice. Any notices required or permitted under this Agreement shall be
given to the parties at their respective mailing addresses provided below by
deposit in the United States mail, certified mail, return receipt requested, with
proper postage affixed thereto, and which notices shall be effective three (3) days
after date of mailing:
The County:
St. Joseph County Board of Commissioners
County-City Building, 7th Floor
227 W. Jefferson Blvd.
South Bend, Indiana 46601
With copies to:
Michael Misch, Esq.
Counsel for St. Joseph County Board of Commissioners
131 S. Taylor Street
South Bend, IN 46601
The RDC:
St. Joseph County Redevelopment Commission
County-City Building, 11th Floor
227 W. Jefferson Blvd.
South Bend, Indiana 46601
With copies to:
Phillip A. Garrett, Esq.
Counsel for St. Joseph County Redevelopment Commission
Thorne Grodnik, LLP
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420 Lincolnway West
Mishawaka, IN 46544
The City:
City of South Bend, Indiana Board of Public Works
227 W. Jefferson Blvd.
Suite 1300 N
South Bend, Indiana 46601
With copies to:
Sandra Kennedy
Corporation Counsel
227 W. Jefferson Blvd.
Suite 1200 S
South Bend, Indiana 46601
(f) Binding Effect: This MOU shall be binding upon and shall inure to the
benefit of the parties hereto and their respective successors and assigns.
(g) Counterparts: This MOU may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same
agreement.
(h) Venue: Any dispute arising out of or related to this MOU shall be brought
solely and exclusively in the Superior and/or Circuit Courts located in St. Joseph
County, Indiana, and the parties hereto expressly consent to the sole and exclusive
jurisdiction of these courts.
IN WITNESS WHEREOF, the parties have duly executed this MOU pursuant to all
requisite authorizations as of the date first above written.
St. Joseph County Redevelopment Commission:
_________________________________
Dennis Jordan, President
St. Joseph County Board of Commissioners
_______________________________
Carl Baxmeyer, President
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May 14, 2024
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date: 05-08-2024
Name: Jacob M. Klosinski Department of Public Works – Engineering Division
BPW Date: 05-14-2024 Phone Extension: 9496
Required Prior to Submittal to Board
BPW Attorney X Attorney Name Michael Schmidt
Dept. Attorney Attorney Name Michael Schmidt
Purchasing Mickey Lovy / Ron O'Connor
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: Memorandum of
Understanding
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
Memorandum of Understanding Regarding Sanitary Sewer System
Upgrades within the Indiana Enterprise Center
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Special Contract Provisions
Purpose/Description The Dept. of Public Works, Div. of Engineering, and Legal Department
requests the Board of Public Works approval of a Memorandum of
Understanding with St. Joseph County. The MOU will benefit City of South
Bend with improvements to sanitary sewer infrastructure along the IN Tek
and IN Kote Sanitary Trunk Sewers with St. Joseph County and private
investment for design and construction. City of South Bend will own and
operate new pump stations and sewer infrastructure upon commissioning.
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
(%)
New Amount $
Total Percent of Change: Increase %