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HomeMy WebLinkAboutDedicated Improvements Agreement - 2413 Prairie C-Store1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 Mr. Mandeep Singh 2413 Prairie C-Store 5307 Western Ave. South Bend, IN 46619 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS October 22, 2024 RE: Dedicated Improvements Agreement — 2413 Prairie C-Store Dear Mr. Singh: At its October 22, 2024 meeting, the Board of Public Works approved the above referenced agreement for the improvements for public street upgrades on Victoria St. as part of the redevelopment of 2413 Prairie. 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA N. MIcou DEDICATED IMPROVEMENTS AGREEMENT This Dedicated Improvements Agreement (the "Agreement") is made on this 11 day of June 2024, by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board of Public Works (the "Board"), and Expo Empire Property, LLC, (CEO Mandeep Singh) a Convenience Store and Gas Station with an address of 2413 Prairie Avenue, South Bend 46614 (the "Mandeep Singh"), 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 Victoria Street and Prairie 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 WHEREAS, Owner's project site is located at the property with address of 2413 Prairie Avenue, South Bend 46614 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 Victoria Street R.O.W. and Prairie Avenue R.O.W. in order to facilitate construction of Owner's project adjacent thereto; and WHEREAS, in connection with the needs of Owner's project, Owner desires to construct a convenience store and gas station; and WHEREAS, Owner intends to repair and/or replace the sidewalks, curbs, lighting, landscaping, trees, and drive approaches, and patch the roadway in the R.O.W. ("Dedicated Improvements") as more particularly set forth on Exhibit 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, 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 WHEREAS, in order for the Board to grant long term occupancy of the R.O.W., this Agreement must be executed. 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. Recitals The parties hereto acknowledge and agree that the foregoing recitals are incorporated herein as a part of this Agreement. 2. 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 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, light installation, 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 1 shall be a material breach of this Agreement. 3. 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. 4. Performance Bond Concurrently upon the execution of this Agreement or within seven (7) days thereof, 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. 5. 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 6 below. 6. 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. 7. 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, which may be found at hlt 2s:Hsouthbendin. gov/M-contentluploads/2O l 8/O7/SBN-Spec-Stand-FINAL-062618- REV-2 BPWSi nature.pdf 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 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. By Pri: Tit CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member Murray L. Miller, Member e'4�-2rt Joseph R. Molnar, Vice President Briana Micou, Member Attest: Theresa M. Heffner, Clerk Date: October 22, 2024 EXHIBIT A DEDICATED IMPROVEMENTS St. Joseph County/South Bend "C" Store Retail Building Victoria Street Right of Way Construction Estimate June 11, 2024 A. Right of Way Work DescriplioJ Qrranti Unit Unit Price Cost 1. Common Excavation 250 CYD $20.00 $5,000 2. Tree, Remove 4 EA $1,500.00 $6,000 3. Concrete Curb, Remove 105 LFt $15.00 $1,575 4. Compacted Aggregate, No. 53 245 TON $40.00 $9,800 5. HMA Surface, 165 Ib/syd 60 TON $110.00 $6,600 6. HMA Intermediate, 275lb/syd 95 TON $105.00 $9,975 7. HMA Base, 440 Ib/syd 150 TON $90.00 $13,500 8. Concrete Sidewalk, 4" 60 SYD $65.00 S3,900 9. Concrete Curb 215 LIFT $40.00 S8,600 10. PCCP, 8" 56 SYD $120.00 $6,720 11. Mulched Seeding, Type U 125 SYD $3.00 $375 12. Storm Sewer Inlet, 30" 1 EA $4,000.00 $4,000 13. Storm Sewer Manhole, 48" 2 EA $5,500.00 $11,000 14. Storm Sewer Pipe, 12" 220 LFT $55.00 $12,100 15. Connect to Structure 1 EA $1,000.00 $1,000 Subtotal $100,145 Contingency 25% $25,036 TOTAL: $126,000 PERFORMANCE BOND Performance Bond Number: _999348067 Applicant: ManditR Soh Permit Type: ® Rigbt-of-Way ❑ Broadband Driveway ❑ Miscellaneous ❑ Other Permit Tracking Number: Scope of Project: Occupancy and use of City of South Bend's right-of-way to be more particularly described in the issued permit(s). ROW of Victoria Street, South Bend, IN. (for C-Store - 2413 Prairie Ave. at Olive St., South Bend, I Know all men by these presents that we, the Undersigned (Principal -Applicant) Mandeep Singh (Address) 6520 Lake Crest Cir, South Bend, -South Bend IN 46628 and (as Surety)The Ohio Casualty Insurance Company (Address) 175 Berkeley Street, Boston, Massachusetts 02116 T _ are hereby held and firmly bound unto the State of Indiana in the penal sum of $120,000.00 for the payment of which well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. The conditions of the above obligation are such, that whereas, the above -named (Principal -Applicant) Mandeep Singh did on August 14 2024 make api2lication for the permit with the City of South Bend and use of the Victoria Street right -of --way to be more particularly described in the permit, and the permit issued is made a part of this bond, the same as though set forth herein. Now, if said Mandeep Singh (Principal -Applicant) shall well and and faithfully do and perform the thugs agree by t1,P ap�r� Singh (Principal -Applicant) to be done and performed according to the terms of said permit and to the satisfaction of the City of South Bend, and shall pay all lawful claims of the contractor, vendors and laborers for labor performed and materials furnished, or other services rendered in the carrying forward, performing and completing of said permit (on file with the City of South Bend), then this obligation shall be void, otherwise the same shall remain in full force and effect, it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder except as provided below shall in no event exceed the penal sum of this obligation as herein stated. In the event of noncompliance, the Surety shall be liable for the court costs and attorney fees spent in the collection of this bond over and above the penal sum of this obligation. This bond shall become effective on August 14, 2024 _and shall continue in hill force and effect until released by the State of Indiana - February 2019 1 of 21 P :t LN5-17132e 04121 This Power of Attorney Limits the acts of those named herein, and they have no authority to bind the Company ucept In the manner and to the extent herein slated. Liberty �►i� Kutum. The Ohio Casualty Insurance Company SURETY POWER OF ATTORNEY Prinop817 Mandeeg Sys Agency Name: JOHN M SlutAi3 INSURANCE INC _ —Bond Number.999348067 Obligee City d South Bend, IN. Bond Amount ($I26,I)D0.00 } One Hun d Twenty-six Thousand Dollars And Zero Cents KNOW ALL PERSONS BY THESE PRESENT$: that The Ohio Casualty Insurance Company, a corporation duty organized under the laws of the State of New Hampshire (herein o0adveiy Called the 'Company(), pursuant to and by authority herein set forth, does hereby name, cons%te and appoint John Small Jr in the city and state of Walkerton. IN, each individually if there be more than ale named, its true and iawU attorneyan-fad to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its ad and deed, any and all undertakings. bonds, reoognixances and other surety obfigatDns, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the swelary of the Company in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of the Company has been affixed thereto this 1st day of August, 2024. .0 Ills,y The Ohio Casualty Insurance Company rt 3� �o fr'' �Wr •' sa4V`Mx.crs cur 3y� sy: 0 o t Nathan J. Zange fe, Assistant Secretary tx � C STATE OF PENNSYLVANIA y.+ _ ? COUNTY OF MONTGOMERY a On this 1st day of August, 2024, before me personally appeared Nathan J. Zangerle, who admowledged himself to be the Assistant Secretary of The Ohio Casualty Insurance Company and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein oontained by signing on behalf of the ccxperations by himself as duly authorized c officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my nolertal seal at Plymouth Meeting, Pennsylvania, on the day and year first above written. FAST rL r(.yp wrw �Ir Camnr�d Baia, Noanerx�H is Seri 'q a'�y e�`� � Torow rasmra, kaary Puhrc ► r, i E E [6 OF MryfaXVV My canmtsr rietvMwrh 2k 2025 commie eta t12W4 p.,. v� Teresa Yastela. Nddry Rblid (D n� ¢ o 6 c�A,e'r �AIrY �� AWra�r. p�rne>7r�nsAwxafm anan�oa �, Lu rNr� This Power of Attorney a made and executed pursuant to and by authority ofthe following By4aw and Authorizations of The Ohio Casualty Insurance Company, which is now in full forceCL 0 IF and effect reading as follows: its ` ARTICLE IV -OFFICERS: Section 12 Power of Attorney. Any officer or other official ofthe Corporation authorized for that purpose in wrilirg by the Chairman or the President and subject to such limitation as the Chairman or the v � President may prescribe, slat appoint such altaneysinfad, as may be neoessmy to ad in behal(d the Corporation to make, execute, seal, axiautwledge and xleiver as surety :3 any and all undertakings, bonds, reoognizances and other surety obfigations. Such attorneys4n4ad, subject b the imitations set forth in their respective powers of attorney, shaE .a U have full power b bind the Caporation by their signature and executed, such nstrwnents shag be as binding as if signed by the President and attested to by the Secretary Any `o power or authority granted b any representative or attomeymin4ad under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by LA - the officer or d5cers granting such power or authority. _..Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, autha¢es Nathan J. Zmgede, Assistant Secretary to appoint such L attomeys4n-fad as may be necessary to act on behalf d the Company to make, execute, seat admowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's 6"d of Diredorz, the Company consents that facsimile or med,anisxily reproduced signature or electronic signatures of any assistant secretary of the Company or facsimile or mechanically reproduced or electronic seal of the Company, wherever appearing upon a 001ti5ed Copy of any power of attorney Or bond issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same farce and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secetary, of The Ohio Casualty Insurance Company do hereby certify that tltis power of attorney executed by said Company is In full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Compmry, this 14th day of August 12024 1919 n By: ° a*c�k a� Ren"C. Llewellyn, Assistant Somlary A �yl • h�i eaaWi4LPo^ l 0 DATE (MMIDDIYYYY) A.CpRo INSURANCE BINDER 09/20/2024 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON PAGE 2 OF THIS FORM. AGENCY COMPANY BINDER # JMS Insurance Inc. Auto -Owners Insurance Cos. 10012024Caf 300 Michigan Street JEFMCTPJF EXPIRATION Walkerton, Indiana 46574 DATE TIME DATE TIME (574) 586-7259 CODE: _ I SUB CODE: AGENOY S1210319162757223 CUSTOMER IO: INSURED AND MAILING ADDRESS Mandeep "Lucky" Singh 6520 Lake Crest Circle South Bend, IN 46628 TYPE OF INSURANCE PROPERTY CAUSES OF LOSS BASIC L1 BROAD ❑SPEC LIABILITY dME R CI AL GE N E RAL LIABI LI TY CLAIMS MADE ® OCCUR RETRO DATE FOR C VEHICLE LIABILITY ANY AUTO OWNED AUTOS ONLY SCHEDULED AUTOS HIRED AUTOS ONLY NON -OWNED AUTOS ONLY VEHICLE PHYSICAL DAMAGE DED ALLVEHICLES COLLISION: OTHER THAN COL _ GARAGE LIABILITY IANY AUTO — — — EXCESS LIABILITY _ UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY SPECIAL CONDITIONS OTHER COVERAGES NAME & ADDRESS City of South Bend Dept. of Public Works 227 West Jefferson Blvd., Suite 1316 South Bend, IN. 46601 ACORD 75 (2016/03) AM 1 12:01 AM 10-01-2024 12:01 PM 10-31-2024 NOON (574) 586-7277 THIS BINDER IS ISSUED TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY PER EXPIRING POLICY $: DESCRIPTION OF OPERATIONS! VEHICLES I PROPERTY (Induding Location) 2413 Prairie Ave South Bend, IN 46614-4267 COVERAGEIFORMS SCHEDULED VEHICLES I ImiTS DEDUCTIBLE EACH OCCURRENCE COINS% AMOUNT $ 2,000,000 DAM" RFNTEDPRE $ 300,000 MED EXP (Any oneperson) $ 10,000 PERSONAL BADVINJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMPIOPAGG COMBINED SINGLE LIMIT $ 2,000,000 $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ ACTUAL CASH VALUE $ $ STATED AMOUNT AUTO ONLY -EA ACCIDENT OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE EACH OCCURRENCE $ $ 4,000,000 AGGREGATE $ 4,000,000 SELF -INSURED RETENTION PER STATUTE $ 10,00-0 E.L. EACH ACCIDENT $ E.L DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT FEES $ $ TAXES $ ESTIMATED TOTAL PREMIUM $ ADDITIONAL INSURED LOSS PAYEE u MORTGAGEE LENDER'S LOSS PAYABLE LOAN * C=A&- 4• , Agent Page 1 of 2 ©1993-2016 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: S1210319162757223 CONDITIONS This Company binds the kind(s) of insurance stipulated on page 1 of this form. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. Applicable in Arizona Binders are effective for no more than ninety (90) days. Applicable in California When this form is used to provide insurance in the amount of one million dollars ($1,000,000) or more, the title of the form is changed from 'Insurance Binder' to "Cover Note". Applicable in Colorado With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as loss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 Applicable in Florida Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. Applicable in Maryland The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. Applicable in Montana No binder shall be valid beyond the issuance of the policy with respect to which it was given or beyond 90 days from its effective date, whichever period is the shorter. If the policy has not been issued, a binder may be extended or renewed beyond such 90 days with the written approval of the insurer. Applicable in Nevada Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable in Oklahoma All policies shall expire at 12:01 a.m. standard time on the expiration date stated in the policy. Applicable in Oregon Binders are effective for no more than ninety (90) days. A binder extension or renewal beyond such 90 days would require the written approval by the Director of the Department of Consumer and Business Services. Applicable in the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. rage t of 2 l _ _ GENERAL NOTES 61 E tenlk dV89 49 55 E(c) 615.36'(c) 615.1'(r) I I cwa ore Join 122.42'(m) 123'(r) I I 288.12'(c) 288'(r) I I hrou h driv 1. Current Zoning: "C" Commercial PP PP O ® O 0 o E O P1 T 2. Existing Land Use: Residential /Vacant 1 0 MH 1I N89°49'55Y 250.00' 3. Proposed Land Use: Retail Gas Station - � Replace C.I. casting P / 40'(r) 40.19'(c) _ _ 40'(r) 40.19'(c) _ _ 80'(r) 80.02'(T cn ° ° J and grate with flat ,�, C.O. R6.0 casting and grate 4. Building Setbacks : Front=10', Side=15' E Cro �" C I x R�5 q `° O - P 1 I I Rear=15 C.O. D ��0� S3 I T R2So' L S2 5. The building will be serviced by City of p I South Bend municipal water and sewer. 15' Bldg. a 9 Setback 6. Landscaping, lighting & signoge will be in I o °a �--Q PP®s I accordance with the zoning ordinance 5.5 C Replace concrete pavement unless the proper variances are obtained. 50.5' a o, A ° °1 I O° ° E to street centerline from LOT 53 LOT 54 LOT 55 O a I I ° I I Existing utility installations, 7. Storm water will be detained on site per HOMELAND ADDITION HOMELAND ADDITION HOMELAND ADDITION I ' I I a I } according t0 City Of South P.B.10 PG 198-199 P.B.10 PG 198-199 P.B.10 PG 198-199 PROPOSED BUILDING 30.01. I 10.0' R.O. �' 9 Y this plan set. 24.0 N (3) Total 4250 SFT D 20.0 40.3 ° ° U.G. Fuel ° I Storage Bldg � �Setboc I Bend Standard Details. I� 8. See Architectural Drawings for building elevations, layout etc. o E S 1 6.5 I Tanks 8 I D c I I ( �PP/L �PP �PP/L PP 9.0 8 E I i I a E° I I ly ° 9. Dimensions as shown are to face of curb. \ a 15.4' I o 11 W W \ \ 10. Radii are shown to face of curb. ` cnAJ_ ft$ 4 ' i °v p 1° ° �, c, � I n \ W Existing Asphalt D v,,7 ° 1.0 > 11. Floodplain Per Map Number I / 18141 CO193D effective January 6 2011, this 0 5 0' o 0 0 0 0 0 o Inn I �° I ^ Existing O \ I parcel is located in Flood Zone "X" areas o ( ( a Curb Ramp determined to be outside the 0.29 chance \ P1 \ / \ ` / � I I I P3 I P of annual floodploin. o o I P2 I D �° I �TLP 12. Wetlands : According to National Wetlands O�� �� M 8.0' 8.0' 8.0' • 9'0 Inventor Ma site contains no wetlands nor T N 18'11 '4 ,Q2 �, 9 Total �� moo_ o D / are present on adjacent properties. 0 6D' Sp, E O h G a 5' I / 13. Proposed Parking: (12) 9x2O' Spaces + (2) r, MH // 9x20 ADA Spaces = 14 Total Spaces ADS Stormtech U.G. 0 5 I F1 Detention a System - See o , G E / SITE PLAN CONSTRUCTION NOTES Sheets C9.0 - C9.4 �6MH Future Road a a Pro osed poie mounted Sign, addition o K ° a°a DPP MH E 2 sided, to conform to City of 1. Contractor shall request existing utility location �5�/� South Bend Sign Ordinance from Indiana 811 prior to commencing Extend walk score °° ° G a ° �� p�' a�T / I� I I construction. 1, joints through Sowcut clean edge and 2. Damage to public and private property shall be 05 patch asphalt damaged repaired to equal or better condition at no Rg. drive ° a V09 from curb installation, additional cost to the Owner. F1 /typical J. No streets shall be closed or restricted %s_ Existingqq ci E ° ° a // �� g MH without prior approval from the local a 01 , ° / PP Curb Ramp <CE E,� E municipality. See City standards. L `' 0�d� cw �' �a �5� c9 . / II I I / 4. Contractor shall protect the work and the T e­ A O / / / safety of the public and shall provide, erect /L 0\ 1 / / �� and maintain barricades, signals, signs and D M 0 �� / H / other traffic control devices in accordance with P �, �, 20� // P3 / the Indiana Manual on Uniform Traffic Control '�`�a' �edi / �' �16 / MH r P Devices. �� / �• 09 /� tiO'�. // / Contractor shall follow 2024 Indiana / ��5 'o_ �c� �� / / �Department of Transportation Standard ��o\ E PP o��,�� Specifications �� A S�6 / D �Sl �� / / II 5. Contractor shall construct sidewalks, ramps, O JP P2 P3 II parking spaces and ADA accessible areas in s Existing accordance with the current ADA standards. O ��. /` �- R.O.W. ,L31�� W II 6. Traffic sign designations shall comply with the W U.S. Dept. of Transportation Federal Highway \ Qto 0fie E E / F2 II Administration "Manual on Uniform Traffic /j o op PJ�• / II II Control Devices" (MUTCD). J MH W IN 7. Curb radii noted are dimensioned along the Q�P / II face of curb. 8. Contractor shall bring Drawing discrepancies D \� II and conflicts to the attention of the E o / / / / I Engineer as soon as they are noticed, for L� clarifications and revisions as necessary. uPPP / 1 W 9. Contractor shall prepare Record Drawings with B / / / TRAFFIC BOX H I I field locations and elevations upon completion \ \ F1 F1 O / �\ II of the work for submittal to the Engineer. \ \ / PP DPP I 10. Site is located in Wellhead Protection Area. P3 / / / I I Contractor to obtain Wellhead Protection � Permit from St. Joseph County Health Dept. P / // 11. Contractor shall coordinate with the ROW .p'/ I I Permits Office for work in the right of way, including sidewalks, ADA Ramps, and drive approaches. PROPOSED FEATURES LEGEND O Proposed Standard Duty Asphalt Paving O Proposed Fuel Pump Raised Concrete S1 R7-8. "RESERVED PARKING" (ADA Access) & Island (By Others) R7-8P: "VAN ACCESSIBLE" Sign Proposed LED Area Light on 25' pole O O Proposed Bollard S2 R3-5R: "RIGHT TURN ONLY" SiProposed Res. Street Asphalt Paving per City P 9n Proposed LED Wall Pack Light of South Bend Standards for Construction O O Drainage Structure Proposed Rollover Concrete Curb S3 R3-2: "NO LEFT TURN" Sign CO Proposed 6" thick Concrete O Proposed 8" Concrete Drive Approach qD Number of Parking Spaces in parking bay DO Proposed 4" Concrete Walk K per City of South Bend Standard Detail 2-25 5 4" Solid Paint Line 0 6' high Masonry Refuse Screen with Gates White for Parking Space ADA Accessibility Pavement Marking, solid, paint, blue 0 Proposed 6" Standard Concrete Curb Blue for ADA Parking Space and Aisle (City of South Bend Detail 2-31) (By Others) MO P2 6' Concrete Wheel Stop, anchored Stop Bar, 24" wide solid paint line, white F1 Proposed Barrier Free Curb Ramp Type B P3 (City of South Bend Standard Detail 2-38) Crosswalk, 12" wide solid paint line, white, 6' O.C. ON Bike Rack: Dero Hitch, black F2 Proposed Barrier Free Curb Ramp Type C powdercoot, surface mount (City of South Bend Standard Detail 2-39) OO 6" Compacted Aggregate No. 53 TA 8 ULA TED SITE DATA PROPOSED LAND USE Area SFT Area (Acres) 9 of Total Building 4,250 0.10 9.339 Pavement & Sidewalk 34,374 0.79 75.507. Open Space 6,906 0.16 15.179 "TOTAL 45,530 1,09 "Parcel total area denotes proposed R.O. W. line SCALE. 1' - 20' 0 10 20 40 O c N Q O O O O O N T ��� z E0 0.2 0 m 6 6 ° ° _0 o U U Q �co � a> 0000p O t3 0 ,n0>=ii 0� w Z z N O z 0 U aO O o U Z Q Zoo m -�C � Cc: . � M m N N E _ 1 . t 0 (� CMtoFI.L. 6 0 W #.O Z Q W Z II= < N W Z Q U IICL Z M m N O tn U w 0 a Z Q CL O Q J w J r LU N DRAWN BY: PHW DESIGNED BY: SDR PM REVIEW: SDR QA/QC REVIEW: A DATE: 03/13/2024 SEAL: A w�.�xuxv,uSoueypf 'F� `�+. �, Sim+°� 4r,.1�l,e � �S :ji•��i. ti�rJ �.,,,°w• SIGNATURE: DATE: 0311312024 SCALE: HORZ: V = 20' VERT: N/A ACI JOB # 23-0119 SHEET NO. C2.0 PP TC. 743. EP:743 OT EP: i \ T4 � � \ 5 rT �PP/L �PP �PP/L C TC: i W. (EP - \ �\ \ T >� i - -� - I \ Q/ENO" P:744.85 \ I / I � � � 745 746 TC: / L- \ �UPP P \ Concrete walk to have -1.57. cross slope. Drain towards street / curb, typical &S) \\ r-- � J R /`dam W.6� • 744.65 / / 744.20 g5 W. 744.60 744.20 Q•.� ��� / � j / � // C:745.60 y I I 12 II I- I I a TC: 741.14 I a EP: 40,81 \ TC C:740.96 M H/ TC C: 741.12 / J TC C.741.05 \ TC:741.33 Replace C.I. EP: 741.00 casting with flat TC:741.25 inlet casting EP: 741.25 and grate k CS W. 741.40 I as X �•��1 II / I I / UJI LU Concrete walk to > have 1.57• cross -i II slope. Drain towards \ street curb, typical \ a I \ I W.• 743.01 W: 742.94 \ H I EP:742.641 W.742.86 Raise hand =TC:743.TU hole top to TR:742.60 MH I I finished grade ° �W:742.79 � PP W 742.86 EP: 742.82 C: 743.22 II I I TR: 742.7 ETC: 743.37 P: 74 .99742. 92 II I I P: 742.95 / M H P:743.02 / MH / C M H 0T P / �P P Replace casting with % II curb inlet casting and II \ grate TC.743.42 Bo EP.743.42 W II I I J --�RMH W I I fl�l PP / �� II II I I II-P III�� II Iv GRADING PLAN CONSTRUCTION NOTES: 1. Contractor shall remove topsoil and stockpile the material onsite at a location approved by the Owner. Place a minimum of 4 inches of topsoil on all disturbed areas outside the building and parking areas. 2. A qualified soil testing firm approved by the Owner shall perform compaction testing during construction. J. Prior to commencing paving operations, Contractor shall proof roll exposed subgrade with a geotechnical engineer or qualified representative to witness the work. Excavate unsuitable soil and backfill and compact with suitable material capable of supporting the anticipated loads. 4. Place site grading backfill in maximum six inch lifts and compact to 100% Standard Proctor to the top of subgrade or in accordance with the geotechnical report. 5. Finished grades at building doorways shall match the building finished floor elevation, unless otherwise noted. 6. Contractor is responsible for meeting ADA guidelines at sidewalks and parking areas. 7. Paving Contractor is responsible for adjusting all castings located in the pavement to finished grade. 8. The proposed contours and spot elevations on this Drawing show grading intent only. Contractor is responsible for confirming that the provided grading plan maintains positive drainage to prevent ponded water or encroachment onto adjacent properties; and shall contact the Engineer if additional grades are needed, if the design does not provide positive drainage, or if any discrepancies/conflicts are found. GRADING LEGEND TR:729.30 Structure Top of Rim Elev. FFE:722.9 Finished Floor Elev. TC:722.42 Top of Curb Elev. EP:721.92 Finished Pavement Elev. P:722.96 Finished Pavement Elev. C:722.96 Concrete Pavement Elev. W:722.96 Finished Sidewalk Elev. X �6 Existing Elev. -723- Existing Contour 722 Proposed Contour Direction of Drainage Flow & Slope SCALE: 1' - 20' 0 10 20 40 O c N Q O W cooao co (D6°a V � moo } T O O a 3 �O 0 O O >2ii O m 20 cIq o S7 Q °Zo�� -co: . �mce) o Lq N N >_ 1. ^ v 0 O O U')0 ('7 t 1 I -IL U w O ly =LU � Z Q W Z I= < W N � = Q V_ CL Z W r N 0 H Q CL u DRAWN BY: PHW DESIGNED BY: SDR PM REVIEW: SDR QA/QC REVIEW: A DATE: 03/13/2024 SEAL: '�Xr1tu1111111 1I/vT. Q1 4 S QO .. No. 60016991 -0 166 STATE OF : ZDI s ���'�1iI''►err pit � .+�`��� SIGNATURE: ✓'• I�F-'� DATE: 0311312024 SCALE: HORZ: 1" = 20' VERT: N/A ACI JOB # 23-0119 SHEET NO. C3.0 -77FTU 777J o H U - -------�--T (23) TO ----"Wrap Deciduous Single Stem Trees From Bottom up with 1/3 Overlap and Tie Securely 5' die mulch ring 3" Min. Depth Shredded with Biodegradable Twine Hardwood Mulch. Do , 01, Not Place Within 2" of Specified Planting Mix: Trunk/Stems 2/3 topsoil, 1/3 peat j moss & fertilizer, Water & Tamp to Remove Air _ J Pockets Compacted Backfill 2X Ball Remove All Wire, String, Material, As Specified or and Burlap From Top O H U cal U O H U O H U O H U Existing Subgrode 1/2 of Root Ball PP PP/L 3" Deep Shredded - Hardwood Bark Mulch or stone where noted on plan. Keep Mulch min. 2" Away From Stem. I'LL r Finish Grade, Refer to - Grading Plans for Slope I -III I I 2XI Dia . I I Set Above Finished oot B Grade, Not to Soil Backfill: 2 Native Exceed 2" Soil, 2 Topsoil. Scarify Bottom and Sides of Supplement with Additives as Noted Root Ball to Break Apart Root Mass LANDSCAPE NOTES 1. Locate all utilities prior to beginning work. Utilities shown were located by field survey, but they may not indicate all underground improvements. 2. Examine existing conditions and verify conditions are acceptable for required work. Notify Engineer of any discrepancies with information shown on plans prior to beginning work. 3. Protect all existing paving, structures, utilities, and plant material indicated to remain. Contractor responsible for any damage to existing features at no expense to the owner. 4. Contractor responsible for removal of any existing grass, weeds, or scrub growth within limits of plant bed edge or within 5' diameter circle around base of each tree. 5. Plants and other materials are quantified and summarized for the convenience of the owner and jurisdictional agencies only. Confirm and install sufficient quantities to complete the work as drawn on the plans. No additional payments will be made for materials required to complete the work as drawn. Contractor responsible for verifying all quantities. 6. All proposed plant substitutions must be approved by the Landscape Architect. 7. All plant material shall be warranted for one (1) year from the date of final acceptance. 8. Plants shall confirm to the minimum measurements listed on the plant list. 9. All plant material shall comply with all recommendations and requirements of ANSI Z60.1-2004 "American Standard for Nursery Stock." Plant material shall be healthy, vigorous stock grown with good horticultural practice under climactic conditions similar to those of the project site, and installed in accordance with methods established by the American Association of Nurserymen. 10. All plant material must be tagged by the nursery of origin for proper identification in the field. 11. All trees to be be mulched with 3" depth natural shredded hardwood mulch free of foreign matter, unless noted otherwise on plan. Trees outside of bed lines to be mulched with a 5' diameter mulch ring. Mulch shall not be placed within 3" of trunks. Shrub beds to be mulched as noted on plan. 12. Rake topsoil to eliminate uneven areas and remove debris, roots, branches, and stones in excess of 1 inch size, and ensure positive drainage is retained away from buildings during landscape construction activities. 13. All areas disturbed by construction shall be seeded unless noted otherwise. 14. Contractor responsible for erosion control in all seeded areas. 15. All planting bed edges not adjacent to paving or curb shall receive a 1/8" x 4" aluminum edging, natural mill finish. 16. Clean all surfaces of soil, mulch, and landscape debris after work is complete. Tut V � PPP \ \ O PLANT SCHEDULE CODE QTY BOTANICAL NAME DECIDUOUS TREES L I I I= a I ° I 2-3" Riverrock, 4" (5) JCS d JSM 0 deep and weed ` Q barrier fabric I �' I► �� c.oD C.D. a . 2-3" Riverrock, 4" deep and weed --F barrier fabric I (9) LV °a PP II turf a 4 ° 4 4 as a II II II (9) FS ° I I � I (4) JPP (5) PF Bork 1ch II (5) PF (4) JPP a O ° Turf I l i 3.0 3 �I (11) TMD II I geLU e W 09 () ° 1 SRS ' 4 LU O O O O O O O 4 Q 4 III r d e Turf ° a ° Turf 10N 4 ° 4 a d II (17) SPP I (4)I I GT i / 2-3" Riverrock, 4" 11 deep and weed barrier fabric a (11) CAH o c. o. >> Bar lc \f\ ° (11) SN 4 ° 4 Q4 4 Q ° ° O ur (15) FM 0 Bark Mul4 I I V 4 \ (9) RA ° 4 a ° 4 4 ° TurfII I I (15) CAR ° O ° P (17) SPP ° / C 4 e / / ° Bark Mulch C o i (15) FM DO Turf (7) (7) RA O / i J P`� % oC w I 5*. e o P`��� // e• e �� �/ w I I O Tur / (6) GT �\II 0 II / oHU I�U� II i I Bark Mulch � PP �' II III o II II III COMMON NAME SIZE CONTAINER SPACING REMARKS LANDSCAPE ORDINANCE REQUIREMENTS AR 5 Acer rubrum 'JFS-KW78' Armstrong Gold® Maple 2.5" Col B&B 40' 0. C. City of South Bend Zoning Ordinance GT 6 Gleditsia triacanthos inermis 'Harve' Northern Acclaim® Honey Locust 2.5" Cal B&B 25' 0. C. GTS 4 Gleditsia triacanthos inermis 'Suncole' Sunburst® Honey Locust 2.5" Col B&B 20' 0. C. 1. Streetscope Trees (1) Tree / JO' street frontage SRS 1 Syringe reticulate 'Summer Snow' Summer Snow Japanese Tree Lilac 2.5" Cal B&B Victoria Street - 148' frontage = 5 trees Prairie Avenue - 200' frontage = 6 trees SHRUBS Olive Street - 135' Frontage = 4 trees CAH 11 Clethra alnifolia 'Hummingbird' 'Ruby Hummingbird Summersweet 24" Ht Cont. 3' 0. C. 2. Building Facade: 1 shrub/hedge plant per 5' building facade facing street CAR 15 Clethra alnifolia Spice' Ruby Spice Summersweet 24" Ht Cont. 3' 0. C. East - 50' facade = 10 Shrubs FM 30 Forsythia x intermedia 'Mlndor' Show Off® Forsythia 24" Ht Cont. 3' 0. C. South - 85' facade = 17 Shrubs FS 9 Forsythia x intermedia 'Sunrise' Sunrise Forsythia 24" Ht Cont. 3' 0. C. JCS 5 Juniperus chinensis 'Spartan' Spartan Juniper 48" Ht B&B 5' 0. C. J. Landscape Buffer (Gas Station): Type 1 Buffer along front lot lines JSM 28 Juniperus scopu/orum 'Moong/ow' Moong/ow Juniper 48" Ht B&B 4' 0. C. Type 2 Buffer side and rear yards along S1 zoning district JPP 8 Juniperus x pfitzeriana 'Pfitzeriona Compacts' Compact Pfitzer Juniper 24" Spread Cont. 5' 0. C. SCALE: 1~ - 20' LV 9 Ligustrum x vicoryi 'NCLX1' Golden Ticket® Privet 24" Ht Cont. 4' O.C. PF 10 Potentilla fruticoso 'Goldfinger' Goldfinger Bush Cinquefoil 24" Ht Cont. 3' 0. C. 0 10 20 40 RA 16 Ribes olpinum Alpine Currant 24" Ht Cont. 3' 0. C. SN 11 Spiraeo nipponico 'Snowmound' Snowmound Spires 24" Ht Cont. 3' 0. C. SPP 34 Syringe pubescens patula 'Miss Kim' Miss Kim Korean Lilac 24" Ht Cont. X 0. C. 4 CITY SITE PLAN REVIEW COMMENTS RAID 03-25-2024 TMD 11 Toxus x media 'Densiformis' Dense Anglo-Japanese Yew 24" Ht Cont. 4' 0. C. 3 SECTION C SWPPP SDR 03-19-2024 TO 23 Thujo occidentalis 'Techny' Techny Arborvitae 48" Ht B&B 5' 0. C. 2 CITY SITE PLAN REVIEW AND SWPPP REVIEW COMMENTS RAID 02-23-2024 O c N Q O = O O NO W -0- m z a c� c� a V Qco Q m 0 0 �C)0 0 03 >2ii Z O 20 m� � o Q N N >_ 1. ^ V 0 0 O O ('7 t 1 I -IL O H w 0 ly W *-O Z W Z I= Q Q W N � Z = 0 VCL IZ M m N 0 N Z Q CL a Q V H 0 Z a DRAWN BY: PHW DESIGNED BY: PHW PM REVIEW: SDR QA/QC REVIEW: JL DATE: 03/13/2024 SEAL: `4.�'• lrriazttFaevq 2A ���.p' YWWi. 9 (aN {iiJE�l-79i t. A°v a r, ' SIGNATURE: DATE 0311312024 SCALE: HORZ: 1" = 20' VERT: N/A ACI JOB # 23-0119 SHEET NO. C6.0 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/10/2024 Name: Gemma Stanton Department of Public Works — Engineering Division BPW Date: 10/24/2024 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney ❑ Attorney Name Purchasing ❑ Check the Appropriate Item Type — Re uired or 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 ❑ Ease./Encroach Improvements Agreement Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Information ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No MBE ❑ WBE Completed E-Verify Form Attached ❑❑ Nos 2413 Prairie C-Store DP22-007 N/A N/A N/A Dedicated improvements agreement for public street upgrades on Victoria Street as part of the redevelopment of 2413 Prairie lkbb For Change Orders Onl Amount of ❑ Increase $ ❑ Decrease ) Previous Amount Current Percent of Change New Amount Total Percent of Change: Time Extension Amount: Increase Decrease Increase % Decrease ( % New Completion Date: