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MEMORANDUM OF UNDERSTANDING <br />FOR THE PORTAGE AVENUE BRIDGE OVER CONRAIL — <br />STRUCTURE REPLACEMENT PROJECT <br />f Ck <br />This Memorandum of Understanding, is made and entered into this __ day of <br />2017, by and between the BOARD OF PUBLIC WORKS OF THE CITY OF <br />SOU BEND, INDIANA (hereinafter referred to as "South Bend"), acting by and through its <br />Department of Engineering, and the BOARD OF COMMISSIONERS OF THE COUNTY <br />OF ST. JOSEPH, INDIANA (hereinafter referred to as "St. Joseph"), acting by and through its <br />Department of Public Works. <br />RECITALS <br />WHEREAS, South Bend and St. Joseph mutually agree that the Portage Avenue <br />Replacement Structure should accommodate and make other provisions for a shared use path <br />facility on the abandoned and vacated railroad --- known as the as the Coal Line Trail Project -- <br />currently under development by the City of South Bend, and <br />WHEREAS, South Bend and St. Joseph County mutually agree that the existing bridge <br />deck is severely deteriorated and requires replacement in advance of this future Coal Line Trail <br />Project, and <br />WHEREAS, South Bend and St. Joseph have jointly identified local funding sources for <br />the structure replacement and other requested specific improvements on Portage Avenue, and <br />WHEREAS, South Bend and St. Joseph acknowledge such an improvement is mutually <br />beneficial to each parties' transportation needs, and <br />WHEREAS, both parties acknowledge a partnership to complete the Portage Avenue <br />Structure Replacement over Conrail from approximately 70 feet north of Angela Boulevard to <br />200 feet south of Elwood Avenue (hereinafter referred to as the "Project") is mutually beneficial <br />and is fiscally responsible to share costs to maximize the benefits to the community, and subject <br />to adjusting project paving limits as mutually agreed, and <br />NOW, THEREFORE, in consideration of the foregoing and of the promises and <br />commitments, herein contained, the parties hereby agree as follows: <br />Contract Administration: St. Joseph shall administer the Project and shall coordinate <br />as necessary with South Bend. South Bend reserves the right to perform design plan <br />review and approval and remain involved during the construction phase and <br />throughout the project. <br />2. Design Engineering, Right-of-WLay Acquisition and BuyingBpying Services — St. Joseph <br />shall retain professional design engineering services to complete the project. Services <br />shall include engineering plans, specifications, right-of-way engineering, <br />