HomeMy WebLinkAboutAgreement - Sanctuary at St Pauls - Temp. Construction Access & Access to Sewer Agreement1316 COUNTY -CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND. INDIANA 46601-1830
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARD OF PUBLIC WORKS
July 26, 2016
David Henry Jr.
Sanctuary at St. Paul's
3602 South Ironwood Drive
South Bend, IN 46614
PHONE 574/235-9251
FAx 574/235-9171
RE: Agreement — Temporary Construction Access and Access to Sewer Agreement
Dear Mr. Henry:
The Board of Public Works, at its meeting held on July 26, 2016, approved the above
referenced agreement.
Enclosed please find a copy of the agreement for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-
9251.
Sincerely,
Linda M. Martin, Clerk
Enclosure
c: Corbitt Kerr, Engineering
GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU
Date
Name
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
07/26/16
Corbitt Kerr
Department Public Works
BPW Date 07/26/16 Phone Extension 5896
Required Prior to Submittal to Board
Legal ® Attorney Name Michael Schmidt
Controller El greater
review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing ❑
Check the Appropriate Item Type — Required for All Submissions
Agreement
❑ Contract ❑ Proposal ❑ Addendum
❑
Professional Services
❑ Resolution
❑
Bid Opening
❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet
❑
Quote Opening
❑ Quote Award
❑
Change Order No.
❑ C/O & PCA No. ❑ PCA
❑
Ease/Encroach.
❑ Traffic Control
❑
Other:
Required Information
Company or Vendor Name
Trinity Continuing Care Services d/b/a Sanctuary at St. Paul's
New Vendor
❑ Yes 0 No ❑ If Yes, Approved by Purchasing
MBE/WBE Contractor
❑ MBE ❑ WBE
Project Name
Temporary Construction Access and Access to Sewer Agreement
Project Number
Funding Source
Account No.
Amount
$
Terms of Contract
Purpose/Description
St. Pau's currently discharges into a City basin that is part of the City's
Separated Sewer System. This is an agreement to allow use of the city
system.
❑ Required Contractor's Certification Form Attached (Non -
Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.
Required For Change Orders Only
Amount of ❑ Increase $
❑ Decrease $
Previous Amount
$
Current Percent of Change:
%
New Amount
$
Total Percent of Change:
%
Dispersal After Approval
Copy Original
❑ ❑
❑ ❑
❑ ❑
TEMPORARY CONSTRUCTION ACCESS AND ACCESS
TO SEWER AGREEMENT
THIS TEMPORARY CONSTRUCTION ACCESS AND ACCESS TO SEWER
AGREEMENT ("Agreement") is entered into as of the 28th day of June, 2016, by the City of
South Bend, Indiana, acting through its Board of Public Works ("City") and Trinity Continuing
Care Services- Indiana d/b/a Sanctuary at St. Paul's located at 3602 South Ironwood Drive, South
Bend, Indiana 46614 ("St. Paul") and its successors, assigns and transferees.
WHEREAS, St. Paul operates a senior living facility in South Bend, Indiana;
WHEREAS, St. Paul desires to install infrastructure to transfer surface water drainage
from its parking lot to City's retention pond;
WHEREAS, City owns a retention pond at 3700 Ironwood Drive, which abuts St. Paul's
property; and
WHEREAS, at the time of execution of this Agreement, City has capacity in its retention
pond.
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:
1. City agrees to allow St. Paul access to the retention pond which directly abuts St. Paul's
property for the limited purpose of discharging stormwater runoff from St. Paul's parking
lot to said retention pond.
2. St. Paul, at its sole expense, shall construct, install, and maintain whatever piping and
erosion protection infrastructure is necessary to drain its stormwater runoff into the City's
retention pond. St. Paul shall be permitted temporary access to construct and maintain
said infrastructure to the specifications in Exhibit A.
3. St. Paul, at its sole expense, must construct a post -construction stormwater quality best
management practice structure in order to prevent any illegal discharge of pollutants from
entering the retention pond.
4. St. Paul, at its sole expense, will maintain the retention pond area, including mowing and
trash removal.
5. Either party reserves the right to terminate this Agreement without cause upon twelve
(12) month notice to the other party. Should St. Paul elect to terminate this Agreement, it
shall be St. Paul's sole responsibility to find an alternative means to discharge its surface
water which complies with all local ordinances or state laws.
6. Indemnification by St. Paul. St. Paul shall indemnify and hold harmless City, its affiliates,
employees, agents, successors and assigns, against any and all liability arising out of St Paul's
or St. Paul's Personnel's failure to comply with the terms or conditions of this Agreement or
for injury, loss, claims or damages arising directly or indirectly from of St Paul's or St. Paul's
acts, omissions, negligence or willful misconduct, in performing under or in any way
connected with this Agreement.
This Agreement may not be assigned by St. Paul 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 St. Paul'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 St. Paul represents that he/she has been duly authorized
to execute this Agreement on behalf of St. Paul.
IN WITNESS WHEREOF, City and St. Paul, 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.
(Remainder ofpage intentionally left blank)
-2-
Date: 7/25/2016
TRINITY CONTINUING CARE SERVICES —
INDIANA
CITY OF SOUTH BEND
CENTER, INC.
i)Av•D .d -Lelia,,y .)rt
IVliceresi ent, Fa lities Meant Ons
Signed this 2j day of,�,r�, 201
On behalf of Trinity Continuing Care Services
STATE OF
}
COUNTY OF t�uS)tGwa }
Date: 7Z2-6/ ze/�
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
A. Mueller,
A. Maradik, Member
David P. Relos,M6 ber
vyV
Therese J. Dorau, Aember
Member Attest:
41da-
Martin, Cler
Board of Public Works
On the o2S' day of�J,j1 20L, before me appeared
_t i&'V, Ao-, r, X and acknowledged the execution of the
foregoing agreement.
My commission expires ll l ds o It
Notary Public, acting in the County of r\ v St(e,,.
-3-
KIMBERLY FODROCY
Notary Public, Muskegon County, MI
My Commission Expires 11/25/2021
Acting in the County of Muskegon