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Home My WebLink AboutMOU - Ironwood Drive Resurfacing – St. Joseph Countym ta V n a I ti i ill •!n 1 '•1 April This Memorandum of Understanding, is made and entered into this 28th.day of , 2020 ("Effective Date"), by and between the City of South Bend, Indiana Public Works Department, Engineering Division, by and through its Board of Public Works (hereinafter collectively referred to as the "City"), and St. Joseph County, Indiana Department of Public Works, by and through its Board of Commissioners (hereinafter collectively referred to as the "County") (each a "Party" and collectively the "Parties"). RECITALS WHEREAS, the City and County mutually agree to accommodate the Ironwood Road Repavement Project to repave Ironwood Road from Kern Road to South of the US20/31 Bypass Ramps (the "Project"), and WHEREAS, the City and the County mutually agree that the existing road is severely deteriorated and requires repaving, and WHEREAS, the City and the County have individually identified local funding sources for the pavement replacement and related appurtenances and improvements on Ironwood Road, and WHEREAS, the City and the County acknowledge such an improvement is mutually beneficial to each Parties' roadway transportation needs. NOW, THEREFORE, in consideration of the foregoing and of the promises and commitments, herein contained, the Parties hereby agree as follows: 1. Contract Administration. County shall bid and administer the Project and shall coordinate as necessary with the City. The City reserves the right to inspect the work performed by the County's contractor to ensure that such work has been completed in a standard acceptable to the City. 2. Consideration. The City shall pay the County for the items outlined in Exhibit A, attached and incorporated herein by reference. The amount paid by the City shall not to exceed Two Hundred and Sixty -Two Thousand Dollars ($262,000). The final amount paid to the County will be based on the actual quantities placed in the field per the contract unit prices from the awarded bid. 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 County. The County and its Contractor shall use its best efforts to prevent drainage issues for adjacent residents during any swale/drainage improvements as part of the Project. 5. Construction Inspection Services. It shall be the County's sole responsibility and expense to inspect the construction services for the Project. 6. implemental Documents. The City and the 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 the City, 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. S. 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 I 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: 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. 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. (Signatures on following page) DocuSign Envelope ID: FOA56FA2-7309-4A69-A924-71D63BBD3C39 IN WITNESS WHEREOF, the Parties hereto, through their duly authorized representatives, have caused this Memorandum of Understanding to be executed as of the day and year first written above. The Parties have read and understand the foregoing terms of this Memorandum of Understanding and do, by their respective signatures hereby agree to its terms. 52 Andrew T. Kostielney, President By: Dej?oTah A. Fleming, DMD, Vice-rykdent is &40.9— Dave Thomas, Member ATTEST: b)r. (k"aKtA, sraae Michael J. Hamann St. Joseph County Auditor St. Joseph County Department of Infrastructure, Planning & Growth Division of Public Works �-� A-C6 Jessica J. Clark, P.E. St. Joseph County Engineer 4 BOARD OF PUBLIC WORKS Gary A. Gilot, President //j� -'i/I`, Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: 82111a 01faI27f1 Linda M. Martin, Clerk SIC CCMG Total Pronosal Item No. Description Spec Sec Ironwood (Kern to Bypass) 1 Unit UNIT PRICE EXTENSION 1 MOBILIZATION/DEMOBILIZATION 110 0.8 MI $ 10,000.00 $ 8,000.00 2 TREE, REMOVE, a 24" 201 0 EACFI $ 400.00 $ 3 TREE, REMOVE, t 24" 201 3 EACH $ 600.00 $ 1,800.00 4 CONCRETE PATCH, REMOVAL 202 0.00 CYS $ 85.00 $ 5 TREE, REMOVE>=48" 201 1 EACH $ 2,500.00 $ 2,500.00 6 COMPACTED AGG., RCA., NO.53 FOR BASE (UNDISTRIBUTED) 303 25 TONS $ 30.00 $ 750.00 7 ROADWAYMILLING 306 12890 SYS $ 3.80 $ 48,982.00 8 HMA, SURFACE, 9.5 MM, MAINLINE, TYPE "B" 402, 902, 904, ** 1120 7DNS $ 65,00 $ 72,800.00 9 HMA, INTERMEDIATE,19.0 MM, MAINLINE, TYPE "B" 402, 902, 904,** 0 7MNS $ 50.00 $ 10 HMA, BASE, 25.0 MM, MAINLINE, TYPE "B" 402, 902, 904, ** 2,235.00 TONS $ 48,00 $ 107,280.00 11 MATERIAL TESTING, HMA ASSURANCE 402, 902, 904,** 3 EACH $ 400.00 $ 1,200.00 12 MONUMENT, TYPE B, REPLACE 615,105.18, ** 0.00 EACH $ 425.00 $ 13 RCP, 12" (UNDISTRIBUTED) 715 ol IF7 $ 150.00 $ 14 RCP,15" (UNDISTRIBUTED) 715 0 in $ 255.00 $ 15 RCP, 36" (UNDISTRIBUTED) 715 0 IFT $ 375.00 $ 16 INLET, RECON/REHAB, UNDIST. 720 0 EACH $ 675.00 $ 17 MANHOLE/WATER VALVE, ADJUST TO GRADE 715, 720, 725 0 EACH $ 375.OD $ 18 MAINTAINING TRAFFIC 801,104.04 0.8 MI $ 10,000.00 $ 8,000.00 19 SAWCUT FOR ROADWAY LOOP AND SEALANT 805 0 LFT $ 15.00 $ - 20 DETECTOR HOUSINGS 805 0 EACH $ 550.00 $ 21 SIGNAL CABLE, 2c/16 805 0 LFT $ 3.00 $ 22 LINE, MULTI -COMPONENT, SOLID, WHITE, 41N., UNDIST, 808, 909 6880 LFT $ 0.27 $ 1,857.60 23 LINE, MULTI -COMPONENT, SOLID OR BROKEN, YELLOW, 4 IN. 808,909 7333 LFT $ 0.27 $ 1,979.91 24 LINE, MULTI -COMPONENT, SOLID OR BROKEN, WHITE, 8 IN. 808,909 0 LFT $ 0.75 $ - 25 LINE, MULTI -COMPONENT, SOLID OR BROKEN, YELLOW, 8 IN. 808,909 0 LFT $ 0.75 $ 26 TRANSVERSE MARKING, MULTI -COMPONENT, STOP BAR, WHITE, 24" 808,909 30 LFT $ 8.00 $ 240.00 27 PAVEMENT MESSAGE MARKING, MULTI -COMPONENT, ARROWS WHITE 402, 902, 904,-- 0 EACH $ 150.00 $ - 28 PAVEMENT MESSAGE MARKING, MULTI -COMPONENT, "ONLY" WHITE 808,909 0 EACH $ 175.00 $ 29 PAVEMENT MESSAGE MARKING MULTI -COMPONENT, "SCHOOL', WHITE 808,909 0 EACH $ 500.00 $ 30 GUARDRAIL, W-BEAM, 6'-3" 601 0 LFT $ 50.00 $ 31 GEOTEXTILE FABRIC, ROADMAT MPV 500 402, 902, 904, ** 0 SYS $ - 32 COMPACTED AGG., RCA., NO.53 FOR SHOULDERS (UNDISTRIBUTED) 303 130 TONS $ 25.00 $ 3,250.00 33 HMA BASE FOR PATCHING, TYPE "B", UNDIST. 402, 902, 904, ** 25 TONS $ 100.00 $ 2,500.00 34 LINEAR DITCH GRADING & RESTORATION 201, 203, 621 0 LFT $ 100.00 $ 35 SALVAGE ROADWAY MATERIAL FOR SUB -BASE 613 0 SYS $ 1.65 $ 36 MATERIAL TESTING, SUB -BASE 613 0 EACH $ 150.00 $ 37 COMMON EXCAVATION 203 0 CYS $ 80.00 $ - 38 NO.2 STONE, UNDISTRIBUTED 303 0 TONS $ 35.00 $ 39 CCAP PAVING ** 0 SYS $ 2.50 $ 40 CATCH BASIN 720 0 EACH $ 2,500.00 $ 41 PARKING LOT, MILLING 306 0 SYS $ 6.00 $ 42 HMA, 4.75MM, SURFACE FOR PARKING LOT TYPE B 402, 902, 904,** 0 TONS $ 97.00 $ 43 HMA, 9.SMM, SURFACE FOR PARKING LOT TYPE B 402, 902, 904,** 0 TONS $ 8&00 $ 44 402, HMA,I9.OMM, INT. FOR PARKING LOT TYPE B 904, 902, ** 0 TONS $ 70.00 $ 45 402, HMA, 25.01VIM, BASE FOR PARKING LOT TYPE B 904,** 902, TONS $ 63.00 $ 46 402, MATERIAL TESTING,HMAASSURANCE- PARKING LOT 904,** 902, 0 EACH $ 400.00 $ JU1ALhmvijNi rurcPROPOSAL $ 261,139.51 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date April 22, 2020 Department Public Name Scott BPW Date April 28, 2020 Phone Extension 9245 Required Prior to Submittal to Board BPW Attorney ® Attorney Name Clara McDaniels Dept. Attorney ❑ Attorney Name Purchasing ❑ Michael Schmidt Check the Appropriate Item Type — Re uired or All Submissions ❑ Professional Services Agreement ❑ Contract ❑ Proposal ❑ Open Market Contract ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Reject Bids/Quotes ❑ Proposal Opening ❑ C/O & PCA No. ❑ PCA ❑ Chg. Order, No. ❑ Traffic Control ❑ Resolution ® Other: Memorandum of ❑ Ease./Encroach Company or Vendor Name New Vendor MBE/WBE Contractor Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description St. Jose n Yes Information Coun If Yes, Approved by Purchasing ® No ❑ WBE Completed E-Verify Form Attached ❑❑ Yes No Ironwood Drive - Resurfacing 120-031 MVH 266-0607-431.36-10 $261,139.51 Lump Sum MOU with St. Joseph County for the resurfacing of Ironwood Drive from US 20 Bypass to Kern Road. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount Total Percent of Change: Time Extension Amount: New Combletion Date: Increase % Decrease ( %