LPA Utility Reimbursement Agreement - City to Pay 20% of Construction Costs for Douglas Road Lift – St. Joseph County Board of Commissions

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ctober 2019 Revised Agreement Work in Contract LPA/UTILITY REIMBURSEMENT AGREEMENT (WORK IN CONTRACT) Agreement Amount: $2,549,100.00 Agreement Type: Work in Contract Work Description: Sanitary Lift Station, Forcemain. and Watermain Relocation Des No: 1400639 Proj ect No: 1400639 Road: Douglas Road County: St. Joseph THIS AGREEMENT, made and entered into the day of City of South Bend Indiana, acting by and through its Board of Public Works 2020, by and between (hereinafter referred to as the Utility), and St. Joseph County Board of Commissioners, acting by and through its appropriate elected officials, (hereinafter referred to as the "Local Public Agency" or "LPA"). WITNESSETH: WHEREAS, the LPA desires to improve the condition of the above referenced road as referenced by the Des No. and Project No. given above (hereinafter referred to as the "Project"); and WHEREAS, due to the said highway construction certain adjustments, removals, alterations, and/or relocations of the existing facilities of the Utility will have to be made as shown on the plan marked Exhibit "A" attached hereto and incorporated by reference; WHEREAS, the State of Indiana, through the Indiana Department of Transportation, (hereinafter referred to as "INDOT") will recommend approval of this Project, if applicable, to the Federal Highway Administration for construction with funds apportioned to INDOT under Title 23, United States Code and Acts amendatory thereof and supplementary thereto; WHEREAS, INDOT has confirmed that the Project as well as the LPA expenses as forth in Section 5, below, have been approved for and are eligible for federal reimbursement. WHEREAS, INDOT will advertise forbids for construction of the Project, award the contract, and act as liaison agent for the LPA with the Federal Highway Administration. The LPA will supervise the construction of the Project; WHEREAS, it is necessary for the parties hereto to comply with the applicable terms and provisions of the Federal -Aid Policy Guide (hereinafter called the Policy Guide and available at http://www.f-iwa.dot.gov/legsre�4s/directives/cfr23toc.htrn on the FHWA website) and 23 CFR 645 Subpart A, which is hereby incorporated by reference, in order to receive reimbursement; WHEREAS, it is in the best interests of the Utility and the LPA, for the necessary utility adjustments, removals, alterations, and/or relocations of its existing facilities as shown on Exhibit "A" to Page 1 of 6