Approving an Interlock Agreement the City South Bend Public Transportation Corp and Appropriating $972,500.00 Compressed National Gas Fueling Facility Project

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permits, licenses, easements, and approvals necessary to perform the construction work; (3) construction work; and (4) contract administration and payment of all fees, wages, and other costs. "Construction work" shall include, but is not limited to, all demolition, removal, excavation, production, construction, repair or other work necessary to develop the improvements. C. The City will reimburse TRANSPO as set forth herein this Agreement for a portion of these costs. D. TRANSPO shall require any contractor(s) it hires to obtain and maintain primary coverage for Commercial General Liability, Professional Liability, Environmental Liability and Commercial Automobile Liability insurance in amounts required by TRANSPO and the City for other construction projects of similar size and cost. All insurance shall include the City and TRANSPO and their respective officers, officials, agents, and employees as additional insureds and shall contain "severability of interest" (cross liability) wording. The contractor's insurance shall be primary to and not contributing with any insurance or self - insurance, which may be carried by the City and/or TRANSPO. E. Upon completion of all improvements and the acceptance by parties, the title and ownership of the same shall become the property of TRANSPO and TRANSPO shall be responsible for their operation, use, cleaning, utilities, maintenance, repair and replacement as necessary for each improvement's useful life. TRANSPO may assign responsibility for tasks such as cleaning, maintenance, repair or replacement of some or all of the improvements to a third party. F. The City and TRANSPO agree that in the event the costs associated with the design and construction of the facility exceeds the contribution by the City and the Grant received by TRANSPO, the parties shall negotiate a mutual agreement setting forth the allocation of all additional costs, including the parties' obligations concerning any required local match of funds. SECTION 4. REIMBURSEMENT OF ELIGIBLE COSTS AND REPORTING. A. Payment of Funds Committed Under This Agreement 1. TRANSPO shall invoice the City for any costs incurred pursuant to this Agreement. The invoices shall be submitted on a monthly basis and will include supporting documentation. The invoices shall show the total amount expended during the billing period and will seek reimbursement of eligible costs from the City up to the maximum total reimbursable amount of $972,500.00.