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HomeMy WebLinkAboutMemorandum of Understanding - St Joseph County - Coal Line Trail and Portage Avenue BridgeN MEMORANDUM OF UNDERSTANDING FOR THE PORTAGE AVENUE BRIDGE OVER CONRAIL — STRUCTURE REPLACEMENT PROJECT f Ck This Memorandum of Understanding, is made and entered into this __ day of 2017, by and between the BOARD OF PUBLIC WORKS OF THE CITY OF SOU BEND, INDIANA (hereinafter referred to as "South Bend"), acting by and through its Department of Engineering, and the BOARD OF COMMISSIONERS OF THE COUNTY OF ST. JOSEPH, INDIANA (hereinafter referred to as "St. Joseph"), acting by and through its Department of Public Works. RECITALS WHEREAS, South Bend and St. Joseph mutually agree that the Portage Avenue Replacement Structure should accommodate and make other provisions for a shared use path facility on the abandoned and vacated railroad --- known as the as the Coal Line Trail Project -- currently under development by the City of South Bend, and WHEREAS, South Bend and St. Joseph County mutually agree that the existing bridge deck is severely deteriorated and requires replacement in advance of this future Coal Line Trail Project, and WHEREAS, South Bend and St. Joseph have jointly identified local funding sources for the structure replacement and other requested specific improvements on Portage Avenue, and WHEREAS, South Bend and St. Joseph acknowledge such an improvement is mutually beneficial to each parties' transportation needs, and WHEREAS, both parties acknowledge a partnership to complete the Portage Avenue Structure Replacement over Conrail from approximately 70 feet north of Angela Boulevard to 200 feet south of Elwood Avenue (hereinafter referred to as the "Project") is mutually beneficial and is fiscally responsible to share costs to maximize the benefits to the community, and subject to adjusting project paving limits as mutually agreed, and NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the parties hereby agree as follows: Contract Administration: St. Joseph shall administer the Project and shall coordinate as necessary with South Bend. South Bend reserves the right to perform design plan review and approval and remain involved during the construction phase and throughout the project. 2. Design Engineering, Right-of-WLay Acquisition and BuyingBpying Services — St. Joseph shall retain professional design engineering services to complete the project. Services shall include engineering plans, specifications, right-of-way engineering, geotechnical investigation, right-of-way acquisition, utility coordination, and other design services necessary to replace the existing bridge and other roadway work that shall meet jurisdictional agency guidelines. 3. Project Design — Saint Joseph will retain the services of the selected consultant, execute the agreement and shall pay the design engineer to prepare detailed engineering plans and specifications necessary to enable the construction of such work. The design shall precede based on the removal of the existing bridge structure, replacement with a three -sided reinforced concrete arch structure identified during design process that shall also accommodates the future Coal Line Trail Project and is mutually agreed upon by both parties. d. Right-of-way Acquisition Costs — St. Joseph shall pay the costs of the land acquisition depending on the area of property acquisition required at the time of the land acquisition for the replacement of the structure on Portage over Conrail only. The actual costs for land acquisition shall be identified as the project progresses. At this time, both parties do not anticipate right-of-way acquisition is necessary to complete the project. 5. Construction Costs — South Bend agrees to pay St. Joseph for their requested additions and changes to the project. These additional and changed items include the extension of the project limits for a three -lane pavement section, bridge and street ornamental lighting, expanded sidewalks, railing, and other peripheral work requested for the future Coal Line Trail Project. These additions and other offsetting costs are further described in Attachment A --"Portage Avenue Bridge Replacement over Conrail between Diamond Avenue and Elwood Avenue Opinion of Cost Comparison." The actual construction costs shall be identified and refined as the project progresses. 6. Construction Inspection Services — St. Joseph will either retain a firm to perform construction inspection services for the project or perform said services in-house. St. Joseph County shall pay for any construction inspection costs and shall provide payment to the construction engineering firm for services rendered. 7. Funding: The Project is funded utilizing local funding sources. South Bend and St. Joseph agree to request additional funding addressing respective costs for the project as necessary. Please refer to Attachment A, enclosed hereto, for an estimated cost breakdown. S. Summary: South Bend agrees to pay for the unit pay items identified in Attachment A -- "Portage Avenue Bridge Replacement over Conrail between Diamond Avenue and Elwood Avenue Opinion of Cost Comparison" and any additional pay items from requested changes in work during construction. South Bend acknowledges their commitment on behalf of this agreement is an estimated sum of $52,000.00 based on a proportional share of pay item unit costs for the Project as enumerated in Attachment A. Reimbursement shall be based on each party being ultimately 1) responsible for their specific proportional portions identified in Attachment A and any additional work added through construction. Payment shall be based on actual unit prices received and work completed from the awarded Contractor and made within three (3) months of project's final completion. 9. Supplemental Documents: South Bend and St. Joseph agree to execute any and all supplementary documents and to take any and all supplementary steps as are reasonable and appropriate to accomplish the purposes and provisions of this Agreement. 10. Non -Discrimination: Pursuant to Indiana Code 22-9-1-10, neither South Bend, St. Joseph nor any of its contractors or subcontractors shall discriminate against any employee or applicant for employment, to be employed in the performance of any work under this Agreement with respect to hire, tenure, terms or conditions or privileges of employment, or any matter directly or indirectly related to employment because of race, color, religion, sex, disability, national origin, or ancestry. Breach of this covenant may be regarded as a material breach of this Agreement. 11. Miscellaneous: a. Amendment. This Agreement, and any exhibits attached hereto, may be amended only by the mutual written consent of the parties, by the adoption of a resolution of either Board approving said amendment as provided by law and by the execution of said amendment by both parties. a. No Other Agreement. Except as otherwise expressly provided herein, this Agreement supersedes all prior agreement, negotiations, and discussions relative to the subject matter hereof and is a full integration of the agreement of the parties. b. Severability. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants, agreements, or portions of this Agreement, and to that end, any provisions, covenants, agreements or portions of this Agreement are declared to be severable. c. Indiana Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. d. Notice. Any notices required or permitted under this Agreement shall be given to the parties at their respective mailing addresses provided below by deposit in the United States mail, certified mail, return receipt requested, with proper postage affixed thereto, and which notices shall be effective three (3) days after date of mailing- 3 County: Board of Commissioners of the County of St. Joseph, Indiana 227 W. Jefferson Blvd. County -City Building South Bend, Indiana 46601 With copies to: Jamie C. Woods, General Counsel 420 Lincolnway West P.O. Box 1210 Mishawaka, Indiana 46546-1210 City: Board of Public Works of the City of South Bend, Indiana 227 W. Jefferson Blvd. County -City Building, 131h Floor South Bend, Indiana 46601 With copies to: Michael Schmidt, Board Attorney City of South Bend, Indiana Legal Department County -City Building, 13th Floor South Bend, Indiana 46601 The parties may change their respective mailing addresses by providing written notice of the new address in accordance with the terms and provisions of this paragraph. 12. Binding Effect: This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 13. Counterparts: This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute by one and the same agreement. IN WITNESS WHEREOF, The parties have duly executed this Agreement pursuant to all requisite authorizations as of the date first above written. BOARD OF COMMISSIONERS OF THE COUNTY OF ST. JOSEPH, INDIANA By Andrew T. Kostielney, President 4 Deborah A. Fleming, DMD, Vice -President By Dave Thomas, Member ATTEST: St. Joseph County Department of Public Works Michael J. Hamann Jessica J. Clark, P.E. St. Joseph County Auditor St. Joseph County Engineer STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH ) Before me, a Notary Public in and for said County and State, this day of , 2017, personally appeared before the Board of Commissioners of St. Joseph County, Indiana, Michael J. Hamann, St. Joseph County Auditor, and Jessica J. Clark, St. Joseph County Engineer, and acknowledged that as said Commissioners and Auditor, they respectively executed the foregoing Memorandum of Understanding for and on behalf of, and in the name of St. Joseph County, for the uses and purposes therein mentioned, and that they were authorized so to do. WITNESS my hand and Notarial seal. Notary Public Resident of St. Joseph County, IN My Commission Expires: BOARD OF PUBLIC WORKS OF THE CITY OF SOUTH BEND, INDIANA in Gary A. Gilot, Board President By Suzanna ri e g, Mem r 5 Bye Jam A. Mueller,, (Member ByQ� YAt Elizabeth A. Maradik, Member By/�� Therese J. Dorau, Member ATTEST: 1] da M. Martin Board Clerk STATE OF INDIANA ) )SS: COUNTY OF ST. JOSEPH ) Before one, a Notary Public in and for said County and State, this day of , 2017, personally appeared the Board of Public Works of the City of South Bend and Linda M. Martin, Board Clerk, and acknowledged that as said Members and Clerk, they respectively executed the foregoing Memorandum of Understanding for and on behalf of, and in the name of the City of South Bend, for the uses and purposes therein mentioned, and that they were authorized so to do. WITNESS my hand and Notarial seal. Notary Public Resident of St. Joseph County, IN My Commission Expires: Z 0 7 v "9