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HomeMy WebLinkAboutWater and Sewer Dedication - Campus View1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/235-9251 FAx 574/235-9171 CITY OF SOUTH BEND TAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS November 12, 2024 Mr. Russell Rochestie UND Property Owner LLC 1140 Virgina Drive Fort Washington, PA 19034 adeangtollbrothers. com. RE: Water and Sewer Dedication Dear Mr. Rochestie: At its November 12, 2024 meeting, the Board of Public Works approved the above referenced dedication for public water main and sanitary sewer main built to serve the Campus View Development (The 87). Enclosed please find a copy of the dedication 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 BREANA N. MIcou �O,,,501ITH *4 INTER -OFFICE MEMORANDUM O r . DEPARTMENT OF PUBLIC WORKS rs DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Charlotte Brach, Senior Engineer SUBJECT: Sewer and Water Dedication (DP21-061) DATE: November 5, 2024 On September 13, 2022, the Board of Public Works executed a Sewer and Water Extension Agreement with UND Property Owner, LLC to extend water and sewer to 335 new dwelling units that would replace 193 existing dwelling units at 1710, 1662, and 1543 Turtle Creek Drive. The Owner has completed the sewer and water extensions, and the Department of Public Works has inspected and witnessed testing of the new sewer and water mains. This agenda item is a request for the Board to accept the new sewer and water mains that is being dedicated to the City by the Owner through this action. The following items have been provided to and approved by Engineering, some of which are included in the packet. ❑X As-Builts ❑X Test Results ❑X Sewer DVDs ❑X Completion Affidavit (included in packet) ❑X Waiver of Lien (included in packet) ❑X Maintenance Bond (included in packet) Page 1 of 1 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS PROJECT COMPLETION AFFIDAVIT �« PROJECT NAME The 87, f/k/a Campus View PROJECT NO DP21 -061 FINAL. COST $424,631.00 AGREEMENT SIGNED 9/13/2022 MAINTENANCE AGREEMENT ENDS 1 1/12/2027 PROJECT DESCRIPTION sanitary sewer and water main extensions as depicted in the approved utility extension agreement dated 9/13/22 WITNESSETH: The work under the above agreement between the City of South Bend and the undersigned owner having been completed, the City of South Bend, its officials and agents are hereby released from all claims and demands whatsoever arising under or by such agreement, and that the owner performed the work within the scope of the Specifications and Standards of the City of Soutjl Bend which were a part of the above agreement. Exeg6Vd,�2; 3rd day of October 2024 UND Property Owner LLC { C Company Name gnatturee 1140 Virgina Drive Russell Rochestie Company Address Printed Name Fart Washington, PA 19034 City, State, Zip WITNESSES: Before m ', the underrsigned Notary Public in and for said country and state, personally appeared and acknowledged his/her signature to the above Project Completion Affidavit on a the '; �� day of ;s t ,,"l,, , 20 '' 1.. Commonwealth of Pennsylvania- Notary Seal Montgomery Jacquelinery County Public NotarySignatur My Commission Expires My commission expires January26,202d ommlsslonnumber 14315184 M yivaptA Axsoctatlon of Notaries Printed Nome County of Residence,; `. If the owner is a corporation, the following certificate will be executed. I, certify that I am Secretary of the Corporation executing this release; that who signed this release on behalf of the contractor was then of said Corporation; that said release was duly signed for and on behalf of said Corporation by Authority of its governing body, and is within the scope of corporate powers: Secretary's Signature Corporate Seal Printed Name DEPARTMENT OF PUBLIC WORKS APPROVAL. This project is acceptable for final approval and we recommend to the Board of Public Works that it be ordained so. Date: 11 /5/2024 C r truction Manag-r CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS 1*1�4 Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Gary A. Gilot, Member Briana Micou, Member Murray L. Miller, Member Attest: Theresa M. Heffner, Clerk Date: November 12. 2024 UNCONDITIONAL WAIVER AND RELEASE NOTICE TO CLAIMANT: THIS DOCUMENT WAIVES AND RELEASES LIEN, STOP PAYMENT NOTICE, AND PAYMENT BOND RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL WAIVER AND RELEASE FORM, Identifying Information Name of ClaimantlOwner: UND Property Owner LLC Name of Customer: City of South Bend Job Location: 1924 Victory March Way, South Bend, IN 46637 Unconditional Waiver and Release This document waives and releases lien, stop payment notice, and payment bond rights the claimant has for all labor and service provided, and equipment and material delivered, to the customer on this job. Rights based upon labor or service provided, or equipment or material delivered, pursuant to a written change order that has been fully executed by the parties prior to the date that this document is signed by the claimant, are waived and released by this document, unless listed as an Exception below. Claimant and Owner hereby certify to City of South Bend that all contractors/subcontractors constructing the sanitary sewer and water 'Dedicated Improvements" for the Job Location have been paid in full and there are no mechanics liens on such infrastructure which is being dedicated to the City. Claimant and Owner hold the City harmless from any claims related to this Waiver and Release. Exceptions This document does not affect any of the following: Disputed claims for extras in the amount of: $ Siguatm•e CLAIMANT: Claimant's Signature: Claimant's Title: Senior Vice President of TB Irish LLC, Member: Date of COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY d j On the }t. ¢ay of L 20245 before me, the undersigned, personally appeared oi !'Ic 1 /ipersonally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument, who acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the entity upon behalf of which the individual acted, executed the instrument. i% aj i �fr �`lr` i G < �otary P blic } Name: Commonwealth of Pennsylvania -Notary 99a1 Jacqueline P. Ho, Notary Public MontgomeryCounly My commission expires January 26, 2028 Commission number 1438184 Member, Pennsylvania Assecistlon of Notaries Boud No. K41939709 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: THAT WE, UND PROPERTY OWNER, LLC, as Principal, and FEDERAL INSURANCE COMPANY, a Corporation organized under the laws of the State of Indiana and duly authorized to do business in the State of Indiana, as Surety, are held and firmly bound unto the Ci of South Bend, as Obligee, in the full and just sum of Forty Two Thousand Four Hundred Sixty Three and 10/100 Dollars ($42,463.10), to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the said Principal entered hito a sewer and water extension agreement with the City of South Bend dated September 13, 2022 for Dedicated Sewer and Water Improvements in Subdivision Known as The 87 jNotre Dame), WHEREAS, said sewer and water extensions have been completed and were approved on the I Oth day of September, 2024.. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of Three 3 year(s) following completion of the Agreement then this obligation shall be void, otherwise to remain in full force and effect, provided however, any additional warranty or guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability for such a guarantee. Signed and sealed this 23 RD day of AUGUST, 2024 BY: UND PROPERTY OWNER, LLC (Seal) WITNESS: FEDERAL INSURANCE�NIPANY f/6 BY* >, Arlene Ostroff- Win ess - niel P. unigan tt ney in act Surety Phone No.215-640-1168 EHLJ B 0" Power of Attorney Federal Insurance Company I Vigilant Insurance Company I Pacific Indemnity Company Westchester Fire Insurance Company I ACE American Insurance Company Know All by These Presents, that FEDERAL INSURANCE COMPANY, an Indiana corporation, VIGILANT INSURANCE COMPANY, a New York corporation, PACIFIC INDEMNITY COMPANY, a Wisconsin corporation, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY corporations o(the Commonwealth of Pennsylvania, do each hereby constitute and appoint Brian C, Block, Daniel P. Dunigan, James L, Hahn, Kelly G. Hennessy and Joseph W, Kolok Jr. of Berwyn, Pennsylvania each as their true and Iawfal Attorneyinlract to execute under such designatimu in [heir names and to affix their corporate seals to and deliver for and on their behalf as surety thereon or otherwise, bonds and undertakings and other writings obligatory in the nature thereof (other than bail bonds) given or executed in the course of business, and any instruments amending or altering the same, and consents to the mocifRcation or alteration of any instrument referred to in said bonds or obligations, In Witness Whereof, said FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY have each executed and attested these presents and affixed their corporate seals on this Ili day of April 2024. Rupert HD SwIndells,Assistant Sterility `«A.s STATE Oil NEW jERSF.Y County of Hunterdon ss. 11':R vii EichhiTn, Vf:v Vr udcnl On this Siva day of April, 2024 before me,a Notary Public o(New jersey, personally came Rupert ND Swindells and Warren ftichhorm to me known to be Assistant Secretary and Vice President, respectively, of PHDF.RAL INSURANCE COMPANY, VIGILANT INSl1RANCG COMPANY, PACIFIC, INDEMNITY COMPANY, W HSTCHESTER FIRE INSURANCE COMPANY and AC8 AMERICAN INSIIRANCE COMPANY, the companies which executed the foregoing Power of Attorney, and the said Rupert HD Swindells and Warren Efchhorn, being by me duly sworn, erally and each for himself did depose and say that they are Assistant Secretary and Vice President, respectively, of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSURANCE COMPANY and ACE AMERICAN INSURANCE COMPANY and know the corporate seals thereof, that the seals affixed to the foregoing Power of Attorney are such corporate seals and were thereto affixed by authority of said Companies; and that their signatures as such officers were duly affixed and subscribed by like authority. Notarial Seal c �al Alien Contursl NOTARY p OE NEW JERSEY Noo S0201369 Cwnmission Expires Action 31,2U27 CERTIFICATION Resolutions adopted by the Hoards of Directors of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, and PACIFIC INUEMNI'fY COMPANY on Angus[ 30, 2016; WESTCHESTER FIRE INSURANCE COMPANY on December 11, 2006; and ACE AMERICAN INSURANCE COMPANY on March 20, 2009: "RESOLVED, that the following authorizations relate to the execution, for and on behalf of the Company, of bonds, undertakings, recognizances, contracts and other written counnitmems of the Company entered into in the ordinary course of business (each a'Written Commitment"): (1) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise. (2) Each duty appointed attorney In fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company, under the seal of the Company or otherwise, o the extent that such action Is authorized by the grant of powers provided for In such persons written appointment as such attorney in -fact. D) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and oil behalf of the Company, to appoint in writing any person the attorney In fact of the Company with full power and authority to execute, for and on behalf of the Company, under the seal of the Company or otherwise, such Written Commitments of the Company as may be specified in such written appointment, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (4) Each of the Chairman, the President and the Vice Presidents of the Company is hereby authorized, for and on behalf of the Company, to delegate In writing to any other officer of the Company the authority to execute, for and on behalf of the Company, under the Company's seal or otherwise, such Written Commitments of the Company as are specified In such written delegation, which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments. (5) The signature of any armor or other person executing any Written Commitment or appointment or delegation pursuant to this Resoludon, and the seal of the Company, may he affixed by facsimile on such Written Commitment or written appointment or delegation. FURTHER RESOLVED, that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers, employees and other persons to act for and on behalf of the Company, and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested:' I, Rupert HD Swindells, Assistant Secretary of FEDERAL INSURANCE COMPANY, VIGILANT INSURANCE COMPANY, PACIFIC INDEMNITY COMPANY, WESTCHESTER FIRE INSIIRANICE COMPANY and ACE AMERICAN INSURANCE COMPANY (the "Companies") do hereby certify that (i) the foregoing Resolutions adopted by the Hoard of Directors of the Companies are true, correct and in full (once and effect, (if) the foregoing Power of Attorney is true, correct and in full force and effect. civan oil aarmyimnaanaseas arsamcnlnpamasatwnRemuse stat on, Nj,tIs 23RD OF AUGUST 2024 ry Rupett HD Swindells, Assistant Secreta IN THE EVENT YOU WISH TO VERIFY THE AUTHENTICITY OF THIS BOND OR NU'fIFY fIS UI> ANY OTHER MATTER, PLEASE CONTACf US AT: Telephone 900 903.3993 Fax 90E 9033456mall: sure @<luubb.corn Combined: FED-VIG-PI-VVFIC-AAIC (rev. i i-1 B) BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/24/24 Name: Charlotte Brach Department of Public Works — Engineering Division BPW Date: 11/12/24 Phone Extension: 9246 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: Water and Sewer ❑ Ease./Encroach 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 UND Pronertv Owner LLC ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No ❑ WBE Completed E-Verify Form Attached ❑ Nos Campus View (The 87) DP21-061 N/A DDT N/A N/A N/A N/A Dedication of public water main and sanitary sewer main built to serve the Campus View Development (the 87). This was paid for by the developer in accordance with the Water and Sewer Extension Agreement executed on 9/13/22. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Current Percent of Change New Amount Increase Decrease Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: