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Home My WebLink AboutMemorandum of Understanding - St Joseph County Public Works - Mayflower Road Paving1 MEMORANDUM OF UNDERSTANDING FOR THE MAYFLOWER ROAD REPAVEMENT PROJECT This Memorandum of Understanding, is made and entered into this day of ljt 2017, by and between the BOARD OF PUBLIC WORKS OF THE CITY OF SO H 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 "County"), acting by and through its Department of Public Works. RECITALS WHEREAS, South Bend and County mutually agree to accommodate the Mayflower Road Repavement Project to repave Mayflower Road from Western Avenue to Lincoln Way West (the "Project"), and WHEREAS, South Bend and County mutually agree that the existing road is severely deteriorated and requires pavement, and WHEREAS, South Bend and County have individually identified local funding sources for the infrastructure replacement and other requested specific improvements on Mayflower Road, and WHEREAS, South Bend and County acknowledge such an improvement is mutually beneficial to each parties' transportation needs, and NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the parties hereby agree as follovvs: 1. Contract Administration: County shall bid and administer the Project and shall coordinate as necessary with South Bend. South Bend reserves the right to inspect the work performed by the County's contractor to ensure that such work has been completed in a workmanlike standard acceptable to South Bend. 2. Consideration: South Bend shall pay the County for the items outlined in Exhibit A, attached and incorporated herein. The cost to South Bend is not to exceed $172,631,88 without the express written approval from South Bend. South Bend may, at its sole discretion, provide additional funding for grass blanket stabilization. 3. Additional Project Responsibilities: The County understands and agrees that it shall have the sole responsibility to berm the edge of the pavement, rework the shoulder area, and trim trees as necessary for areas throughout the Project. 4. Swale/drainage improvements to be performed by the Coon : The County shall remove the built up area on the east side of the road from Washington to Linden, which is approximately 2000' x 10' to allow water to get off the edge of the road. The County shall use its best efforts to prevent water issues for adjacent residents during the swale/draining improvement work period. 5. Construction Inspection Services — It shall be the County's sole responsibility and expense to inspect the construction services for the Project. 6. Supplemental Documents: South Bend and County 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. 7. Non -Discrimination: Pursuant to Indiana Code 22-9-1-10, neither South Bend, the County 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. 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. b. 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. C. 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. d. Indiana Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Indiana. e. 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: County: Board of Commissioners of the County of St. Joseph, Indiana 227 W. Jefferson Blvd. County -City Building 2 South Bend, Indiana 46601 With copies to: Jamie C. Woods, General Counsel 420 Lincolnway West P.O, Box 1210 Mishawaka, Indiana 465 46-12 10 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: Board Attorney City of South Bend, Indiana Legal Department County -City Building, 13`h 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. 9. Binding Effect: This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 10. 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 Cn�� Andrew T. Kostielney, President LIM al A ij 9 14 1 ST. JOSEPH COUNTY, INDIANA QUANTITY CALCULATIONS SHEET NO.: 1 OF 1 DEPARTMENT OF PUBLIC WORKS PROJECT NO.: R&S 81701 D. QTYS COMP. BY: AJ8 DATE: 61612017 CHK'O. BY- JJC DATE: 61612017 MAYFLOWER ROAD CITY AWARDED QUANTITIES Item #: Item Desorition: Qt : Unit: Unit Price: Total: 1 MOBILIZATIONIDEMOBILIZATION 0.43 MI $ 8,550.00 $ 3,676.50 8 HMA, BASE, 25.01VIM, TYPE "B", FOR PATCHING, UNDISTRIBUTED 50 TONS $ 37.50 $ 1,875.00 9A ROADWAYMILLING, HAUL AWAY 9815 SYS $ 2.36 $ 23,163,40 12 HMA, SURFACE, 9.5MM, MAINLINE, TYPE "B" 850 TONS $ 61.95 $ 52,667.50 16 HMA, BASE, 25.OMM, MAINLINE TYPE "B" 1700 TONS $ 45.15 $ 76,755,00 17 MATERIAL TESTING, HMA ASSURANCE 3 jEACH $ 400.00 1 $ 1,200.00 18 CURB RAMP, CONCRETE TYPE G or TYPE K 13 SYS $ 296.00 $ 3,848,00 26 MAINTAINING TRAFFIC 0.43 MI $ 6,550.00 $ 2 816.50 27 SAWCUT FOR ROADWAY LOOP AND SEALANT 125 LFT $ 9.00 $ 1,125.00 28 SIGNAL CABLE, 1CI14 425 LFT $ 0.50 $ 212.50 29 LINE, EPDXY, SOLID OR BROKEN, WHITE, 4" 4575 LFT $ 0.27 $ 1,235.25 30 ILINE, EPDXY, SOLID OR BROKEN, YELLOW, 4" 4575 LFT $ 0.27 $ 1,2355.25 31 TRANSVERSE MARKING, EPDXY, ARROW, ONLY, RxR, OR SCHOOL, WHITE 15 EACH $ 20D.00 $ 1,000.00 34 ITRANSVERSE MARKING, EPDXY, STOP BAR OR CROSSWALK, WHITE, 24" 1155 ILFT $ 7.00 $ 1,085,00 35R I COMP. AGG, NO. 53, FOR SHOULDER, UNDISTRIBUTED 134 ITONS $ 21.97 $ 746.98 $ 172,631,66 Ll IR LM !IIIAMMELLIV