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Home My WebLink AboutMOU for Reimbursement - American Electric Power - Reimbursement to City for Michigan St Project1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOI ITH BEND. INDIANA 46601-1 930 CITY OF • BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC August 13, 2019 Brian Lett American Electric Power, Inc. 2929 Lathrop Street South Bend, IN 46628 RE: Memorandum of Understanding for Reimbursement Dear Mr. Lett: PHONE 574/235-9251 FAX 574/235-9171 The Board of Public Works, at its meeting held on August 13, 2019, approved the above referenced MOU regarding reimbursement to the City for the Michigan Street Reconstruction Project in the amount of $129,135. Enclosed please find a copy of the agreement for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU MEMORANDUM OF UNDERSTANDING FOR REIMBURSEMENT This Memorandum of Understanding for Reimbursement (the "Agreement") is made and effective on Lmr S 7` 2019, by and between the City of South Bend, Indiana (the "City"), and American Electric Power Company, Inc., (hereinafter, "AEP"). WHEREAS, on or about 2016, AEP undertook a major upgrade to its underground electrical infrastructure located in downtown South Bend, Indiana (the "Project"); and WHEREAS, a portion of AEP's Project included installation of an electrical duct bank under the northbound lane of Michigan Street between Western Avenue and Colfax Street, for which AEP engaged the services of an underground utilities installation contractor; and WHEREAS, to install the electrical duct bank, AEP's contractor made an approximately three (" Y) feet long excavation in the northbound lane of Michigan Street; and WHEREAS, the City had plans to replace sections of the concrete pavement along Michigan Street as part of a City project; and WHEREAS, AEP had knowledge of the City's plans and proposed that the City perform the pavement replacement as part of the City's project, instead of AEP's contractor, with AEP reimbursing the City for the costs incurred by the City for the pavement replacement. NOW THEREFORE, in consideration of the mutual promises, covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto intending to be legally bound hereby covenant and agree as follows: 1. AEP agrees to reimburse the City for the costs incurred by the City for the pavement replacement on Michigan Street in the location depicted in Exhibit A, incorporated herein by reference and attachment. 2. AEP agrees to reimburse the City, within sixty (60) days from the effective date of this Agreement, in the amount of $ 1 /357, ', which amount is detailed in Exhibit B, incorporated herein by reference and attachment. 3. Upon execution of this Agreement and City receipt of full reimbursement from AEP, the City, its agents, agencies, representatives, and assigns, do hereby now and forever, fully and finally, release, acquit and forever discharge AEP, its surety, insurance company, parent company, affiliates, subsidiaries, principals, predecessors, successors, assigns, representatives and agents of and from any and all claims, damages, rights of subrogation, demands, actions, liabilities, responsibilities, causes of action, liens, covenants, lawsuits and judgments, whatsoever, which the City now has, might have or might claim to have against AEP arising out of or related to the Project. 4. Upon execution of this Agreement, AEP, its surety, parent company, subsidiaries, principals, successors and assigns, do hereby now and forever fully and finally release, acquit and forever discharge the City, its agents, representatives, assigns, and all other persons, firms, corporations, associations, or partnerships in any way related of and from any and all claims, damages, rights of subrogation, demands, actions, liabilities, responsibilities, causes of action, liens, covenants, lawsuits and judgments whatsoever, either known or unknown or which may hereafter accrue which AEP now has, might have or might claim to have against the City specifically arising out of or related to the Project. 5. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys' fees in relation to this Agreement. 2 6. This Agreement, including all exhibits, schedules and attachments, contains the entire agreement between the parties and no representations, warranties or covenants not contained or provided for herein shall be binding upon any party. 7. This Agreement shall be governed by the laws of the State of Indiana. 8. This Agreement is and shall be deemed jointly drafted and written by all parties to it and shall not be construed or interpreted against the party originating or preparing it. 9. This Agreement shall be binding upon the parties hereto, their administrators, executors, heirs and assigns. 10. If any part, term or provision of this Agreement shall be deemed to be prohibited, invalid, or unenforceable by any applicable law, such a provision shall be replaced by a provision which comes as close as possible to the intended result of the invalid provision, and the economic purpose thereof, and which it is valid and enforceable. The invalidity of any part, term, provision of this Agreement shall not invalidate or affect the remaining parts, terms or provisions hereof and all such remaining parts, terms and provisions shall remain in full force and effect. 11. This Agreement may be executed in multiple counterparts and all such counterparts shall be taken together so that they may constitute a completely executed agreement among the parties. 12. Each party represents the requisite authority to enter into this Agreement and fulfill the obligations herein. IN WITNESS WHEREOF, each of the parties or their duly authorized officers or agents executed this Agreement as of the date first above written. [Signatures on following page] C AMERICAN ELECTRIC POWER, INC. 2929 Lathrop Street South Bend, IN 46628 74 __._._.M Print _............. _� p2 Title 4 CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS County -City Building 227 W. Jefferson Blvd., Ste., 1308 South Bend, Indiana 46601 Gary yplot, P O'Sullivan, Member Genevieve E. Miller, Member A. Maradik, Member A tt�t .,. r...r,. a Ada M. Martin, Jerk BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date August 5, 2019 Name Roger T. Nawrot Department Public Works Division/Bureau Engineering BPW Date August 13, 2019 Phone Extension 5932 imwwmw 000mmmmmmmoo oa�5555555555ommmmmmmmmm wmwmaumammw=w miff cuured Prior to Submittal to Board Legal ❑ Attorney Name: Controller ❑ Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing ❑ Check the Agreement ❑ Professional Services Bid Opening Quote Opening Change Order No. _ Ease/Encroach. Other: Company or Vendor Name �ropriate Item Type - ElContract El Resolution [� Bid Award Quote Award El C/O & PCA No,. Il Traffic Control: New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract !d for All Submissions E] Proposal E] Req. to Advertise ❑ PCA quired Information American Electric Power Comb El Yes �', No �_........ Purchasing ❑ MBE F W B E .❑ No ]: Yes Name of Comps _W . MichiganStreet Reconstruction 118-075 $129,135.00 Inc. Addendum ❑ Title Sheet If Yes, Approved by Purpose/Description Memorandum of Understandin for Reimbursement �,_�............ ....................... Required Contractor's Certification Forms Attached (Non- Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Required For ChaggwwOrders Only+ Amount of ❑ Increase [� Decrease $ _ _ ........ . Previous Amount $ w _�.�...................... ........... ... Current Percent of Change: % New Amount $ Total Percent of Chance: % Copy Original