01-12-09 Common Council Meeting Agenda & Packet

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EXHIBIT "A" INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MISHAWAKA, INDIANA, AND THE CITY OF SOUTH BEND, INDIANA (Douglas Road Project) THIS AGREEMENT, is entered into and made effective the day of 20 ~ , by and between the City of Mishawaka, Indiana, and the City of South Bend, Indiana. RECITALS WHEREAS, the City of Mishawaka ("Mishawaka") and the City of South Bend ("South Bend") are each municipal corporations existing and operating as political subdivisions of the State of Indiana as defined by Ind. Code ~ 36-1-2-13 and are authorized enter into a interlocal agreement pursuant to Ind. Code § 36-1-7-4; and WHEREAS, Mishawaka and South Bend desire to enter into an agreement providing for road improvements on Douglas Road at the corporate limits of the cities of South Bend and Mishawaka ("Project"); and NOW, THEREFORE, in consideration of the mutual promises and obligations in this Agreement, the adequacy of which is hereby acknowledged, the Parties agree as follows: I. PURPOSE The Project is more generally depicted at Ex/tibit "A" attached hereto and incorporated herein. Although benefiting both cities, the majority of the project is located in South Bend. South Bend has performed extensive due diligence on the project in working with consultants prior to the execution of this agreement. South Bend has considerable experience in employing engineering consultants and administering similar construction contracts. Given the circumstances and general location of the project, Mishawaka wishes to utilize the expertise and experience of South Bend's staff and Board of Public Works in letting .and overseeing any such contracts reasonably necessary to carry out and accomplish the Project. II. PROJECT FUNDS AND DUTIES F:\.~.\Projects\BPW\Douglas Road_Interlocal Agreement_s6 Mishawaka_VZ_~31224.doc