Interlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31

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Page 1 of 20 INTERLOCAL COOPERATIVE AGREEMENT Between THE INDIANA DEPARTMENT OF TRANSPORTATION And CITY OF SOUTH BEND Concerning PAVEMENT REPLACEMENT & WATER MAIN RELOCATION PROJECT ON CLEVELAND ROAD NEAR US 31 This Interlocal Agreement (“Agreement”) is made by and between the Indiana Department of Transportation (hereinafter referred to as “INDOT”), and the CITY of South Bend, through its Board of Public Works, (hereinafter referred to as the “CITY”), collectively referred to as the “PARTIES”, is executed pursuant to the terms and conditions set forth herein and shall be effective as of the date of approval by the Office of the Indiana Attorney General. In consideration of those mutual undertakings and covenants, the PARTIES agree as follows: RECITALS WHEREAS, INDOT planned a project, under contract R-41975, Des. 1383328, to improve US 31 by replacing the pavement along US 31 from the Toll Road to the Michigan State border in the CITY (the “Project”); and WHEREAS, the City planned a pavement replacement project, under Des. 1902086, on Cleveland/Brick Rd. from Ameritech Drive to the pavement joint to the west of the US 31 southbound ramps (“Associated Work”); and WHEREAS, INDOT agreed with the CITY to combine the Associated Work into its Project, and on August 27, 2019, the Office of the Attorney General approved an Interlocal Cooperative Agreement Between the Indiana Department of Transportation and South Bend for Pavement Replacement on Cleveland Road Near US 20 (“Original Agreement”) under EDS No. A249-20-ON190127, attached and incorporated herein as Exhibit A; and WHEREAS, pursuant to the terms of the Original Agreement, INDOT was to perform all construction activities for the Project and Associated Work, and, in addition, the CITY was to pay INDOT the costs for the Associated Work which was originally estimated to be $1,677,300.00; and WHEREAS, based on the actual contract awarded to INDOT’s contractor being lower than the original estimate, the CITY’s apportionment of costs was later determined to only be $1,248,475.08; as of the date of this Agreement, the CITY has paid INDOT $1,248,475.08 for the Associated Work; and WHEREAS, unexpected conditions were uncovered during construction leading to change orders, including the need to add the relocation of a water main to the Associated Work; and