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HomeMy WebLinkAboutSewer Service Agreement - Cottages on Arthur - DP25-027 June 9, 2026 Mr. Timothy Sayler Coorsmith Properties LLC 3566 Douglas Rd. South Bend, IN 46635 timothysaylor@gmail.com RE: Sewer Service Agreement Dear Mr. Saylor: At its June 9, 2026 meeting, the Board of Public Works approved the above referenced agreement for the sewer extension for the Cottages on Arthur Development. Please find enclosed the agreement. Kindly sign and return it to hhorvath@southbendin.gov and retain a copy for your records. Sincerely, /s/ Hillary Horvath Hillary Horvath, Clerk SEWER SERVICE AGREEMENT This Sewer Service Agreement (“Agreement”) is made on the 9th day of June, 2026 by and between Coorsmith Properties LLC (“Owner”), 3566 Douglas Road, South Bend, IN 46635, and the City of South Bend, a municipal corporation existing under the laws of Indiana, acting by and through its Board of Public Works (“City”) in accordance with 170 I.A.C. 6-1.5-40. WHEREAS, Owner intends to develop 0.23 of acres located at the SW corner of Sorin St. and Arthur St. for a residential development that includes 4 single family houses on 4 parcels, 3 of which require the extension of public sewer; WHEREAS, Owner plans to extend and make additions to existing sanitary sewer system to serve said development as shown on the Exhibit A, attached and incorporated hereto (the "Dedicated Improvements"), and desires certain commitments from City; and WHEREAS, the engineering design for said Dedicated Improvements has been, or will be, accomplished by competent professional engineers registered and licensed in the State of Indiana; and NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which 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.Design The Owner shall consult the City and allow the City Engineer or a designee input prior to designating the project engineer who shall be responsible for the engineering design and inspection in connection with the installation of the Dedicated Improvements (the "Project Engineer"). The Owner shall inspect the site during construction to ensure the Project Engineer’s conformance to zoning requirements, adequacy of design, and conformance to the City's specifications and standards regarding location, size and depth of line, and quality of construction of the Dedicated Improvements. The Owner shall provide the plans with a City of South Bend cover sheet and specifications for the Dedicated Improvements along with a cost estimate to the City. The Owner shall also provide to the City a statement from the Project Engineer certifying that the materials and workmanship including pipes, bedding, manholes, and other related materials and work meet the City’s specifications and standards. Upon request of the City, the certification shall be substantiated by material affidavits from suppliers and by applicable test results for inflow/infiltration, exfiltration, deflection, leaks, compaction and other tests required by the City. All construction, engineering, and inspection costs in connection with the Dedicated Improvements shall be borne by the Owner. 3. 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 zoning requirements, 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. Key milestones shall include but not limited to: mandrel deflection testing, sanitary sewer taps, and water main taps. The Owner agrees to perform any necessary adjustments as reasonably requested by the City to ensure the Dedicated Improvements are constructed in accordance with Exhibit A. 4. Permits It shall be Owner’s sole responsibility and expense to obtain any and all permits associated with the construction and installation of the Dedicated Improvements and to comply with all applicable laws. 5. Engineer’s Estimate The Owner has provided an Engineer’s Estimate (See Exhibit B, incorporated herein by reference and attachment) for the cost to construct the Dedicated Improvements, including but not limited to, construction engineering, excavation, pipe materials, manholes, and all other appurtenant materials, supplies and equipment, permit fees, backfill and bedding, pavement, and restoration of the areas within the proposed easement. 6. Performance Bond 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. The performance bond shall be provided concurrently with the execution of this Agreement and attached as Exhibit C. 7. 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 9 below. 8. 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. 9. Dedication Upon completion of the construction of the Dedicated Improvements substantially as depicted in Exhibit A, the Owner shall also convey an easement and dedicate to the City within such easement the Dedicated Improvements as public infrastructure. It is understood by the Owner that no dedication shall be accepted by the City until all required easements have been conveyed, accepted, and recorded by the City. 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. Additionally, prior to dedication, the following must be satisfied: a. All parts and labor must meet the standards and requirements stated in the design specifications as presented to and accepted by the City's Engineering Department. b. Lien waivers must be received with regard to all workmanship and materials used in connection with these improvements. c. The Completion Affidavit must be furnished to Owner by the South Bend, Indiana Board of Public Works. d. Owner must provide copies of test reports or cut sheets on all materials supplied. e. Owner must provide test results in accordance with City Standards, prevailing specifications, and City Engineering direction. At a minimum, required tests are: i. Sewer: sewer leakage test (hydrostatic or air test), mandrel deflection test, and negative air pressure test (for manholes) f. Owner must provide televising DVDs of the Sewer per the City of South Bend Construction Standards and Specifications 4-4.2. g. Owner must provide As-Built drawings in accordance with the City of South Bend Prevailing Specifications for Public Works, which may be found at https://southbendin.gov/wp-content/uploads/2020/05/Prevailing-Supplemental- Specifications.pdf Owner’s failure to comply with this Section 9 shall be a material breach of this Agreement. 10. System Development Charges It is understood amongst the parties that this development has been deemed a residential infill development and therefore, is not subject to System Development Charges as defined under South Bend Municipal Ordinance Section 17-80. 11. Indemnification Owner agrees and undertakes to indemnify 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 and to pay any judgment rendered therein. 12. Insurance Owner, or Owner’s contractor, at Owner’s sole expense, shall maintain during the term of this Agreement, commercial general liability insurance covering the Owner and the Dedicated Improvements in an amount not less than Five Million Dollars ($5,000,000.00) per occurrence. Owner understands and agrees the amount of insurance does not in any way limit liability under this agreement to $5,000,000. The Certificate of Insurance shall be provided concurrently with the execution of this Agreement and attached as Exhibit D. 13. Assignment This Agreement may not be assigned by the Owner without the express written consent of the City which such consent may be withheld for any reason. Any violation of this limitation shall terminate the City’s obligation and forfeit the Owner’s rights under this Agreement. 14. Material Breach In the event either party breaches any of the provisions set forth herein, the non-breaching party shall provide written notice of the breach to the breaching party. Upon receipt of the notice, the breaching party shall use its good faith efforts to cure the breach as soon as practical. In the event the breach is not cured within a reasonable amount of time, the non-breaching party may terminate this Agreement and pursue its legal and equitable remedies. 15. Governing Law and Jurisdiction This Agreement shall be construed and interpreted according to the laws of the State of Indiana, including, but not limited to, I.C. § 8-1-2-101.5 and 170 I.A.C. 6-1.5 et seq. and/or 170 I.A.C. 8.5-4 et seq. regarding the dispute resolution process of customer complaints, and shall be enforced in any court of competent jurisdiction in St. Joseph County, Indiana. It is further agreed that all provisions of law now or hereafter in effect relating to water and sewer service by the City shall be applicable to this Agreement. 16. Severability Wherever possible, each provision of this Agreement shall be interpreted in such a 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. 17. 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. 18. Time Time is of the essence of this Agreement. 19. 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. 20. 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. IN WITNESS WHEREOF, the Owner and the City, 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. IN WITNESS WHEREOF, the Owner and the City, through their duly authorized representatives, have caused this Agreement to be executed as of the date 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. "OWNER" "CITY" CITY OF SOUTH BEND INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS By: ______________________________ Printed: Elizabeth A. Maradik, President Title: _____________________________ Joseph R. Molnar, Vice President _____________________________ Breana N. Micou, Member _____________________________ Abigail Magas, Member _____________________________ Murray L. Miller, Member ATTEST: _____________________________ Hillary Horvath, Clerk June 9, 2026 EXHIBIT A DEDICATED IMPROVEMENTS N. T. S. .... ,.,., vi F.Jay ::::) PROJECT ,,: -�"'Cl C Western Ave. S.R. 2 ■SEWER Pro.fact ocotlon Edison Rd. McKinley H ,.-+----=:::!t'l,-------'------'----------:1,,.,.,:_-+-----1---l...l-l-�----,::_�\\::E Ewin Chi ewa C "' ::E ..... ,.,., ui ::i vi C "' _g, .c u ti/ vi E .!!! ::E Ill ;: Ireland Ave. Rd . C ftJ □WATER CITY OF SOUTH BEND, INDIANA PREVAILING SPECIFICATIONS LATEST EDITION, TO BE USED WITH THESE PLANS. ' □TRAFFIC □STREET □OTHER THE CO AGES ON ARTHUR CITY PROJECT NUMBER DP25-027 APPROVED BY BOARD OF PUBLIC WORKS APPROVED BY PUBLIC WORKS STAFF DATE Elizabeth A. Maridik Joseph R. Molnar Abigail Magas Murray L. Miller Breana N. Micou Hillary Horvath &Bi� innovative commu nities 697 Bungalow Dr. Nappanee, IN 46550 Phone: 574-536-4048 Email: tim@innovative-communities.com PRESIDENT Abigail Mag as P .E. VICE PRESIDENT Jacob Klosinski MEMBER Larry Parker MEMBER Kyle Ludlow MEMBER ATTEST PLANS PREPARED FOR: COORSMITH PROPERTIES, LLC 3566 DOUGLAS ROAD SOUTH BEND, IN 46635 DATE CITY ENGINEER ASSISTANT CITY ENGINEER SEWERS CONSTRUCTION MANAGER 9-10-25 Timothy P. Saylor DATE PROFESSIONAL ENGINEER NO. 10200091 5/27/2026 5/27/2026 05/28/2026 June 9, 2026 EXHIBIT B ENGINEER’S ESTIMATE 697 Bungalow Drive – Nappanee, IN 46550 574-536-4048 tim@innovative-communities.com September 15, 2025 City of South Bend The Cottages on Arthur Sanitary Sewer Main Extension – Estimate Description Quantity Unit Unit Price Cost 1. Permits 1 EA $900 $900 2. Mobilization 1 EA $6,000 $6,000 3. Construction Engineering & Staking 1 EA $1,000 $1,000 4. Traffic Control 1 EA $6,000 $6,000 5. Saw cut and remove asphalt 40 SY $50 $2,000 6. Install 1 drop manhole and lid connection 1 EA $24,000 $24,000 7. Install 8” SDR-35 Pipe with (4) wye fittings 151 L.F $100 $15,100 8. Install 1 standard manhole and lid 1 EA $4,000 $4,000 9. Backfill area under street 70 CY $200 $14,000 10. Install new asphalt in street 1 EA $13,000 $13,000 11. Conduct all testing on pipe and manholes 1 EA $2,000 $2,000 12. Sidewalk replacement 100 SF $50 $1,000 13. Concrete Drive Approach 150 SF $50 $7,500 Total $96,500 25% of Total $24,125 Bond Amount $120,625 EXHIBIT C PERFORMANCE BOND EXHIBIT D CERTIFICATE OF INSURANCE ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTRINSDWVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY)(MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person)$ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person)$ OWNED SCHEDULED BODILY INJURY (Per accident)$AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION$ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 5/22/2026 (574) 255-6222 (574) 254-2630 24228 Abe's Plumbing Inc 226 South Elder Road Mishawaka, IN 46544 A 1,000,000 006201108 2/18/2026 6/4/2026 100,000 5,000 1,000,000 2,000,000 2,000,000 CONTRACTORS E A 1,000,000 A 005804721 8/4/2025 6/4/2026 1,000,000 1,000,000 1,000,000 A 005199495 2/18/2026 6/4/2026 500,000 500,000 500,000 City of South Bend 125 S. Lafayette Blvd. South Bend, IN 46601 ABESPLU-01 ANNA Dan Berry Insurance Agency Inc. P.O. Box 6009 South Bend, IN 46660-6009 business@dbimail.com Pekin Insurance Company X X X X X BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 5/27/2026 Name: Charlie Brach Department of Public Works – Engineering Division BPW Date: 6/9/2026 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: Sewer Extension Agreement Ease./Encroach Required Information Company or Vendor Name Coorsmith Properties LLC New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Cottages on Arthur Project Number DP25-027 Funding Source N/A Account No. N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Sewer extension agreement for the Cottages on Arthur Development to extend sewer to new houses that will front Arthur Street, which does not have sewer. Sewer will be extended along the back of the properties. There is a title sheet to sign with this. 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: