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HomeMy WebLinkAboutWater and Sewer Service Agreement - Heritage Trails Proj No DDP25-039 - Heritage Trails SB LP October 13, 2026 Meryan Puglisi Chad Mayes mpuglisi@birgeandheld.com chad.mayes@kimley-horn.com RE: Sewer and Water Service Agreement Dear Meryan & Chad: At its October 13, 2026 meeting, the Board of Public Works approved the above referenced agreement for the extension of public sewer and water main through the new development at 314 W. Chippewa Ave. Enclosed please find a copy of the agreement for your records. Sincerely, /s/Hillary Horvath Hillary Horvath, Clerk 4910-4882-2722.2 SEWER AND WATER SERVICE AGREEMENT This Sewer and Water Service Agreement (“Agreement”) is made on the 13th day of October , 2026 by and between Heritage Trails South Bend, LP, an Indiana limited partnership (“Owner”), 8902 N Meridian St., Suite 205, Indianapolis, IN 46260, 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 9.64 acres located on the South side of W Chippewa Avenue and east of S Michigan Street for a multifamily development consisting of 6 multifamily buildings and 1 amenity center, for which require extensions of public utilities; WHEREAS, Owner plans to extend and make additions to existing water and sanitary sewer systems 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. 4910-4882-2722.2 4910-4882-2722.2 2.Design The Owner has designated, and the City and consented, to Kimley-Horn as serving as 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, pressure, leaks, bacteria, 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 4910-4882-2722.2 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, valves, hydrants, and all other appurtenant materials, supplies and equipment, permit fees, backfill and bedding, pavement, curbs, sidewalks, signs, and restoration of the areas within the proposed R.O.W. 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. 4910-4882-2722.2 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. 4910-4882-2722.2 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.Water: coliform test, hydrostatic pressure test, and hydrant flow test for water ii.Sewer: sewer leakage test (hydrostatic or air test), mandrel deflection test, and negative air pressure test (for manholes) f.Owner must provide televising DVDs or other acceptable digital media 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 Simultaneously with the execution of this Agreement, the Owner shall pay the City a sum of $0 (zero dollars and 00/100) for access to the City’s water and sewer sanitary systems due to this project being supported by low-income housing tax credits. 11.Waiver of Remonstration 4910-4882-2722.2 Owner agrees to waive its right to remonstrate and hereby consent to annexation. Further, Owner agrees to execute a petition of annexation upon request by the City. 12.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. 13.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 E. 14.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. 15.Material Breach 4910-4882-2722.2 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. 16.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. 17.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. 18.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 4910-4882-2722.2 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. 19.Time Time is of the essence of this Agreement. 20.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. 21.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. 4910-4882-2722.2 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. "CITY" CITY OF SOUTH BEND INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Joseph R. Molnar, Vice President Breana N. Micou, Member Murray L. Miller, Member Abigail E. Magas, Member ATTEST: Hillary Horvath, ClerkOctober 13, 2026 4910-4882-2722.2 EXHIBIT A DEDICATED IMPROVEMENTS SS SS SSSSSSSS SS SS SSSSSSWWWW WWWNOT TO SCALE PR SANITARY 1 H: 1"=30' | V: 1"=3'777.57782.52785.15784.13787.16789.55792.98HERITAGE TRAILSMULTI-FAMILY©C6.20SANITARY MAINPLAN AND PROFILENORTHGENERAL PLAN NOTES NOTES AND LEGEND PROFILE LEGEND MATCHLINE - SEE SHEET C6.21 PR SANITARY 1 H: 1"=30' | V: 1"=3'794.62795.50796.81798.10797.19796.40796.71HERITAGE TRAILSMULTI-FAMILY©C6.21SANITARY MAINPLAN AND PROFILENORTHGENERAL PLAN NOTES NOTES AND LEGEND PROFILE LEGEND MATCHLINE - SEE SHEET C6.20 PR WATER MAIN H: 1"=30' | V: 1"=3'787.46786.01788.30791.04794.14794.71HERITAGE TRAILSMULTI-FAMILY©C6.30WATER MAIN PLANAND PROFILENORTHGENERAL PLAN NOTES NOTES AND LEGEND PROFILE LEGEND MATCHLINE - SEE SHEET C6.31 PR WATER MAIN H: 1"=30' | V: 1"=3'796.10797.61796.55795.79796.11797.10HERITAGE TRAILSMULTI-FAMILY©C6.31WATER MAIN PLANAND PROFILENORTHGENERAL PLAN NOTES NOTES AND LEGEND PROFILE LEGEND MATCHLINE - SEE SHEET C6.30 4910-4882-2722.2 EXHIBIT B ENGINEER’S ESTIMATE Engineer's Preliminary Opinion of Probable Construction Cost Name:Heritage Trails - South Bend Date:10/7/2026 Client:Birge & Held Prepared By:JDK Sanitary Infrastructure Item Description Unit Quantity Unit Price Cost 1 Mobilization/Demobilization LS 1 8,000.00$8,000.00$ 2 8" PVC LF 1,342 50.00$67,100.00$ 3 Granular Backfill CY 455 60.00$27,272.79$ 4 Sanitary Manhole EA 7 4,800.00$33,600.00$ 5 Testing EA 1 1,500.00$1,500.00$ 6 Excavation CY 455 30.00$13,636.39$ 8 1.5" HMA Surface TONS 2 135.00$331.65$ 9 2.5" HMA Int.TONS 4 120.00$491.33$ 10 8" HMA Base TONS 13 100.00$1,310.22$ 11 6" Subbase No. 53 TONS 5 85.00$421.43$ 12 Right-Of-Way Pavement (Concrete Entrance)SY 28 35.00$995.56$ 13 Asphalt Mill and Overlay SY 84 15.00$1,256.67$ 14 6" Concrete Curb LF 19 40.00$760.00$ 15 Maintenance of Traffic LS 1 1,500.00$1,500.00$ Total Estimated Cost 158,176.04$ Bonded Amount (110%)173,993.65$ Engineer's Preliminary Opinion of Probable Construction Cost Name:Heritage Trails - South Bend Date:10/7/2026 Client:Birge & Held Prepared By:JDK Water Items Item Description Unit Quantity Unit Price Cost 1 Mobilization LS 1 17,000.00$17,000.00$ 2 8" DI Water LF 2021 195.00$394,095.00$ 3 Air Release Valve EA 3 8,000.00$24,000.00$ 4 45° Horizontal Bend EA 6 350.00$2,100.00$ 5 22.5° Vertical Bend EA 2 350.00$700.00$ 6 Fire Hydrant Assembly EA 7 7,500.00$52,500.00$ 7 Testing & Chlorination EA 1 8,000.00$8,000.00$ 8 Water Main Connection EA 2 12,500.00$25,000.00$ 9 Granular Backfill CY 862 60.00$51,745.08$ 10 Excavation LS 862 30.00$25,872.54$ 11 1.5" HMA Surface TONS 6 135.00$770.96$ 12 2.5" HMA Int.TONS 10 120.00$1,142.17$ 13 8" HMA Base TONS 30 100.00$3,045.78$ 14 6" Subbase No. 53 TONS 12 85.00$979.67$ 15 Maintenance of Traffic LS 1 1,500.00$1,500.00$ Total Estimated Cost 608,451.20$ Bonded Amount (110%)669,296.32$ 4910-4882-2722.2 EXHIBIT C PERFORMANCE BOND 4910-4882-2722.2 EXHIBIT D CERTIFICATE OF INSURANCE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/30/2026 Virtus4550W 109th St,Suite 301OverlandParkKS66211-1309 SOPHIA ALTIERI 816-919-2323 accounting@virtusins.com Admiral Insurance Company 24856 BIRGAND-01 Selective Ins Co Of Amer 12572BHAMConstruction,LLC280E.96th StreetSuite100IndianapolisIN46240 Berkshire Hathaway Homestate Ins Co 20044 1918508310 A X 1,000,000 X 100,000 X Deductible $10K Excluded 1,000,000 2,000,000 X CA000061626-01 4/1/2026 4/1/2027 2,000,000 Max Aggregate 5,000,000 B 1,000,000 X X X S2696866 4/1/2026 4/1/2027 A X 5,000,000 X GX000010794-01 4/1/2026 4/1/2027 5,000,000 X 0 C X N BIWC742275 4/1/2026 4/1/2027 1,000,000 1,000,000 1,000,000 B Leased/Rented Equipment S2696869 4/1/2026 4/1/2027 Per Item 100,000 City of South Bend SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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 THISCERTIFICATE 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY 9/30/2026 Virtus4550W 109th St,Suite 301OverlandParkKS66211-1309 SOPHIA ALTIERI 816-919-2323 accounting@virtusins.com Admiral Insurance Company 24856 BIRGAND-01 Selective Ins Co Of Amer 12572BHAMConstruction,LLC280E.96th StreetSuite100IndianapolisIN46240 Berkshire Hathaway Homestate Ins Co 20044 1918508310 A X 1,000,000 X 100,000 X Deductible $10K Excluded 1,000,000 2,000,000 X CA000061626-01 4/1/2026 4/1/2027 2,000,000 Max Aggregate 5,000,000 B 1,000,000 X X X S2696866 4/1/2026 4/1/2027 A X 5,000,000 X GX000010794-01 4/1/2026 4/1/2027 5,000,000 X 0 C X N BIWC742275 4/1/2026 4/1/2027 1,000,000 1,000,000 1,000,000 B Leased/Rented Equipment S2696869 4/1/2026 4/1/2027 Per Item 100,000 City of South Bend 10/06/2026 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 10/6/2026 Name: Caitlin Wyant, EI Department of Public Works – Engineering Division BPW Date: 10/13/2026 Phone Extension: 7483 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 & Sewer Extension Agreement Ease./Encroach Required Information Company or Vendor Name Heritage Trails South Bend, LP New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Heritage Trails Project Number DP25-039 Funding Source Improvements funded by site owner Account No. Amount Terms of Contract Special Contract Provisions Purpose/Description Extend public sewer & water mains through new development at 314 W Chippewa Ave (Heritage Trails) 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: