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Home My WebLink AboutWater Service and Sewer lateral Constuction Agreement - Heritage Townhomes, LLC 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 September 24, 2024 Mr. JP Wielgos, III Heritage Townhomes, LLC 1130 South Bend Ave., Suite 350 South Bend, IN 46617 r.priest@presidiohills.com; bmcmorrow@v3co.com RE: Heritage Townhomes Water Service and Sewer Lateral Construction Agreement Dear Mr. JP Wielgos, III: At its September 24, 2024 meeting, the Board of Public Works approved the above referenced Agreement for the Heritage Townhomes in the estimated amount of $40,699.55. Enclosed please find a copy of the Agreement 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/hh Page 1 of 1 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Charlotte Brach, P.E, Senior Engineer SUBJECT: Heritage Townhomes Water Service and Sewer Lateral Construction Agreement DATE: September 12, 2024 Attached for Board of Public Works review and approval is an agreement for the City to construct water services and sewer laterals for Heritage Townhomes as part of the City’s construction contract for the Notre Dame to Downtown South Bend Trail and for the developer to reimburse the City for the cost of that construction. Heritage Townhomes LLC is developing townhomes on several parcels along South Bend Avenue within the limits of the Notre Dame to Downtown South Bend Trail project. In order to get the water services and sewer laterals installed during road construction on South Bend Avenue and avoid cuts into the brand-new road after construction is completed, the City coordinated with the developer to include the water services and sewer laterals required for the development in the trail project. Developers are responsible for the cost of water service and sewer lateral installations for their development, and the developer will reimburse the City for the cost of this work. This mutually beneficial agreement allows for the City to ensure that the services are installed before the road construction is done and there will not be a need to cut into the new road, and also allows the developer to get the work done at a lower cost to them since the City is already reconstructing the road. -1- WATER SERVICE AND SEWER LATERAL CONSTRUCTION AGREEMENT THIS WATER SERVICE AND SEWER LATERAL CONSTRUCTION AGREEMENT (“Agreement”) is entered into on this 24th day of September 2024, by the City of South Bend, Indiana, acting through its Board of Public Works (“City”) and Heritage Townhomes, LLC, an Indiana Limited Liability Company with an address of 1130 South Bend Avenue, Suite 350, South Bend, IN 46617 (the “Owner”), in order for the Owner to compensate the City for construction of water and/or sewer service connections in the public right-of-way (the “R.O.W.”) along South Bend Avenue within the City’s municipal boundaries (the “Project Area”). WHEREAS, the City holds title to the Project Area, including the R.O.W. and desires to make improvements set forth in Exhibit A, which is attached hereto and incorporated herein by reference ; and WHEREAS, Owner’s Project Site is located at the properties with addresses of 743, 749, 755, and 761 South Bend Avenue, and 707 St Peter Street within the City; and WHEREAS, the City desires to make improvements in its R.O.W. and prevent pavement cuts to improved area during its useful life; and WHEREAS, in connection with the needs of Owner’s project, Owner desires to establish or maintain water services and sewer laterals (“Private Utility Services”) to Owner’s project site; and NOW, THEREFORE, for and in consideration of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, it is agreed as follows: Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 -2- 1. City agrees to construct Private Utility Services from the water and/or sewer main to the extent of the R.O.W. as shown in Exhibit A. 2. City also agrees to construct a small section of new sewer main in parallel with the existing sewer main in order to avoid additional excavation work to connect to the deep existing sewer main. 3. The Owner shall compensate the City for the construction of Private Utility Services and the additional parallel sewer main on the basis of linear feet of pipe, and each manhole constructed. The Owner shall pay these costs to the City as shown in Exhibit B. The Owner shall pay the City in full in no less than Sixty (60) days after the construction of Private Utility Services and receipt of an invoice from the City. The Owner shall not utilize the Private Utility Services until the payment is made. Costs outlined in Exhibit B are estimates and are subject to change once actual construction costs are determined. 4. The Owner is also responsible for any System Development Charges that apply to the project site for water and sewer usage. The Owner shall not utilize the Private Utility Services until the System Development Charges are paid. 5. City reserves the right to terminate this Agreement in its sole discretion, including due to cancellation of the project shown in Exhibit A. Should the City terminate this Agreement, it shall be the owner’s sole responsibility to construct Private Utility Services in the R.O.W. in a manner consistent with the City’s required specifications. Should the Owner terminate this Agreement, a lien will be applied to the Owner’s Project Site stated above, and the Private Utility Services will not be allowed to be utilized. Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 -3- 6. The Owner agrees and undertakes to indemnify and hold City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys’ fees, which 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 City or its respective agents, employees, successors, or assigns, in connection with this Agreement, the Owner agrees to defend such action or proceedings at its own expense and to pay any judgment rendered therein. 7. This Agreement may not be assigned by the Owner without the express written consent of City which such consent may be withheld for any reason. Any violation of this limitation shall terminate this Agreement and forfeit the Owner’s rights under this Agreement. 8. This Agreement shall be construed and interpreted according to the laws of the State of Indiana. 9. This Agreement sets forth the entire agreement and understanding between the parties as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 10. The person signing on behalf of the Owner represents that he/she has been duly authorized to execute this Agreement on behalf of the Owner. Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 -4- IN WITNESS WHEREOF, City and the Owner, 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. Date: _________________________ Date: _________________________ HERITAGE TOWNHOMES, LLC CITY OF SOUTH BEND BOARD OF PUBLIC WORKS ______________________________ ______________________________ JP Wielgos, III Elizabeth A. Maradik, President Its Registered Agent ______________________________ Joseph R. Molnar, Vice President ______________________________ Gary A. Gilot, Member ______________________________ Murray L. Miller, Member ______________________________ Breana N. Micou, Member Member Attest: ______________________________ Theresa Heffner, Clerk Board of Public Works Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 9/4/2024 September 24, 2024 -5- EXHIBIT “A”: PROJECT AREA IMPROVEMENTS Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 ΔΔΔ02-21-2024R DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER PROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2022 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture· Land Surveying Benton Harbor Lafayette Ft. Wayne Portage Goshen South Bend Grand Haven South Haven Hobart Valparaiso DOWNTOWN SOUTH BEND TO NOTRE DAME TRAIL HILL STREET AND SOUTH BEND AVENUE CITY PROJECT NO. 122-040B PLAN AND PROFILE SOUTH BEND AVENUE STA. 192+50 TO STA. 197+50ZDHZDHCAKMARCH 20241"=20'1"=5'23-13109117195+00 Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 -6- EXHIBIT “B”: ESTIMATED CHARGES TO OWNER Item No. Description Quantity Unit Unit Price Total Amount 1 WATER SERVICE CONSTRUCTION 190 LFT $96.86 $18,403.40 2 SEWER LATERAL CONSTRUCTION 50 LFT $166.44 $8,322.00 3 SANITARY SEWER PIPE, 8” 95 LFT $49.37 $4,690.15 4 SANITARY SEWER MANHOLE, TYPE A 2 EA $4,642.00 $9,284 TOTAL $40,699.55 Docusign Envelope ID: 395E9793-41A5-4D2F-9D6C-E09D036CF745 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 9/12/24 Name: Charlotte Brach Department of Public Works – Engineering Division BPW Date: 9/24/24 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X 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: Water Service and Sewer Lateral Construction Agreement Ease./Encroach Required Information Company or Vendor Name Heritage Townhomes, LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Heritage Townhomes Project Number DP24-024 Funding Source Developer Account No. PR/PO # N/A Amount $40,699.55 (estimate, paid by the developer to the City) Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Agreement for the developer of the Heritage Townhomes on South Bend Ave to reimburse the City for water services and sewer laterals installed for the development as part of the ND-DTSB Trail project. 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: