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HomeMy WebLinkAboutDedicated Improvements Agreement - Provides City w Performance Bond Work at DT Library Branch in Right-of-Way - SJCL1316 COUNTY -CITY BUILDING 227 W.JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS September 22, 2020 Ms. Debra Futa St. Joseph County Public Library 304 S. Main St. South Bend, IN 46601 lhit.a2">, i_u.." RE: Dedicated Improvements Agreement Dear Ms. Futa: PHONE 574/235-9251 FAx 574/ 235-9171 The Board of Public Works, at its meeting held on September 22, 2020, approved the above referenced agreement which provides the City with a performance bond for work at the downtown Main Library Branch in the right-of-way on Wayne St. 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, s/Linda M. Martin, Clerk Enclosure GARY A. GILOT ELIZABETH A. MARADIK THERESE J. DORAU JORDAN V. GATHERS JOSEPH R. MOLNAR DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 DEDICATED IMPROVEMENTS AGREEMENT This Dedicated Improvements Agreement (the "Agreement") is made on this 22ndday of September 20 20 , by and between the City of South Bend, Indiana, an Indiana municipal corporation (the "City"), acting by and through its Board of Public Works (the "Board"), and St. Joseph County Public Library, a governmental unit with an address of 304 S. Main Street, South Bend, Indiana (the "Owner"), in order for the Owner to temporarily occupy and construct or re- construct dedicated improvements in the public right-of-way (the "R.O.W.") along East Wayne Street and South Michigan Street within the City's municipal boundaries (the "Project Area") WHEREAS, the City holds title to the Project Area, including the R.O.W.; and WHEREAS, Owner's project site is located at the property with address of 304 South Main Street within the City; and WHEREAS, pursuant to the City's municipal code, the City's Engineering Department has granted Owner a permit for the temporary occupancy and a partial temporary closure of the East Wayne Street R.O.W. and South Michigan Street R.O.W. in order to facilitate construction of Owner's project adjacent thereto; and WHEREAS, in connection with the needs of Owner's project, Owner desires to install sheet piling for earth -retention and existing foundation removal; and WHEREAS, Owner desires to make adjustments to its connection to the City's separate storm sewer system, which will be memorialized in a separate Access to Separate Storm Sewer Agreement; and DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 WHEREAS, Owner intends to repair and/or replace the sidewalks, trails, curbs, lighting, landscaping, trees, brick pavers, and drive approaches, and patch the roadway in the R.O.W. ("Dedicated Improvements") as more particularly set forth on Exhibit A, which is attached hereto and incorporated herein by reference, upon the completion of its temporary occupancy or use of or in the relevant R.O.W.; and WHEREAS, Owner desires the temporary occupancy and partial temporary closure of the R.O.W. from time to time in order to facilitate Owner's project and construct the Dedicated Improvements in the R.O.W.; and WHEREAS, in order for the Board to grant long term occupancy of the R.O.W., this Agreement must be executed. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, and the above recitals which are incorporated into this Agreement, the adequacy of which consideration the parties expressly acknowledge, Owner and the City agree as follows: 1. Recitals The parties hereto acknowledge and agree that the foregoing recitals are incorporated herein as a part of this Agreement. 2. Construction Inspection The Owner has provided the City with Exhibit A, which depicts drawings of the Dedicated Improvements, which the City acknowledges conforms to the City's standards. The Owner shall allow the City to inspect the Dedicated Improvements during construction to ensure conformance to the agreed standards set forth in Exhibit A, in particular with regard to area planning, adequacy of design, and quality of construction. The Owner shall contact the City's Engineering Department DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 at least two (2) business days in advance to arrange for the attendance of a City inspector at key milestones throughout work within the R.O.W. Key milestones shall include but not limited to: hot mix asphalt placement, placement of any drainage apparatus, concrete placement, light installation, and tree installation. The Owner agrees to perform any necessary adjustments as reasonably required by the City, in the sole discretion of the City Engineer or her designee, as a result of such inspections. The failure of Owner to comply with this Section 1 shall be a material breach of this Agreement. 3. Permits It shall be Owner's sole responsibility and expense to obtain all permits associated with the construction and installation of the Dedicated Improvements in the R.O.W. and to comply with all applicable laws. Owner's failure to comply with this Section 2 shall be a material breach of this Agreement. 4. Performance Bond Concurrently upon the execution of this Agreement or within seven (7) days thereof, Owner shall provide the City with a performance bond for an amount equal to one hundred twenty—five percent (125%) of the construction cost covering all work performed or to be performed pursuant to this Agreement. Owner's failure to provide the performance bond as prescribed herein shall cause this Agreement to be immediately terminated and of no effect, without the requirement of notice. 5. Maintenance Bond Within ten (10) days of City's acceptance of the Dedicated Improvements, Owner shall provide the City with a maintenance bond equal to ten percent (10%) of the construction cost DocuSign Envelope ID: FAA370D6-920E-4D65-929B-E553494073B7 covering all work performed or to be performed pursuant to this Agreement, and such bond shall remain in effect for three (3) years after dedication as described in Section 6 below. 6. Term Except as otherwise provided herein, this Agreement shall continue for a period of sixteen (16) months from the Effective Date of this Agreement, or upon the issuance of the relevant occupancy permit(s), whichever occurs last. 7. Dedication The Owner understands the dedication of the Dedicated Improvements to the City is a requirement for occupancy. Upon completion of the construction of the Dedicated Improvements, substantially as depicted in Exhibit A, the Owner shall use its best efforts to work with the City to ensure that the Dedicated Improvements are dedicated to the City in a timely manner. It is understood by Owner that no dedication shall be accepted by the City until all required easements have been conveyed, accepted, and recorded by the City. Additionally, prior to dedication, the following must be satisfied: a. All parts and labor must meet the requirements stated in the design specifications as presented to and approved by the City Engineering Department. b. Owner must provide copies of test reports or cut sheets on all materials supplied. c. Owner must provide As -Built drawings in accordance with the City of South Bend Construction Standards and Specifications, which may be found at ➢tid9::En :// ��asu➢bYk :a�a�ia�., �� / to .;��a�d�:a�u/aslnN; � a ,/ ,,�1Y9/Y:_�1/"wY "T "wY'Y`�.\: PIN,.Y... Y(). na: Owner's failure to comply with this Section 6 shall be a material breach of this Agreement. DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 7. Indemnification Owner shall indemnify, defend, and hold the City, and its respective agents, employees, successors, and assigns, harmless from any liability, loss, costs, damages or expenses, including attorneys' fees, which the City may suffer or incur as a result of any claims or actions which may be brought by any person or entity arising out of this Agreement. If any action is brought against the City or its respective agents, employees, successors, or assigns, in connection with this Agreement, Owner agrees to defend such action or proceedings at its own expense, using counsel acceptable to the City, and to pay promptly any judgment rendered therein. 8. Insurance Owner, at Owner's sole expense, shall maintain during the term of this Agreement, commercial general liability insurance covering the company and activity in the amount not less than Five Million Dollars ($5,000,000) per occurrence. Owner agrees to include the City as an additional insured on any such policy and produce to the City a certificate of insurance evidencing the same within ten (10) days of the execution hereof. To the extent that the City is harmed as a result of the construction of the Dedicated Improvements, Owner hereby grants the City first priority on any proceeds received from the Owner's insurance. Notwithstanding anything in the Agreement to the contrary, the City does not waive any governmental immunity or liability limitations available to it under Indiana law. 9. Assignment This Agreement may not be assigned by Owner, including through a Change in Control event, without the express written consent of the City which such consent may be withheld for any DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 reason. A Change in Control event shall mean either (a) the merger of Owner into or with an unrelated third parry entity, (b) a transaction or series of related transactions in which a third parry becomes the beneficial owner of fifty percent (50%) or more of the membership units of Owner, or (c) the sale of all or substantially all of the assets of Owner. A violation of this Section 9 shall be a material breach of this Agreement. 10. Material Breach The parties agree that a material breach of this Agreement by Owner would have a material adverse effect upon the City. In the event of a breach by Owner of any of its obligations hereunder, the Owner shall cure such breach, if curable, within seven (7) days after written notice thereof from the City. Upon the failure by the Owner to cure any such breach, or if the breach is material and incurable, the City may immediately terminate this Agreement and call on the performance bond. 11. Governing Law and Jurisdiction This Agreement shall be construed and interpreted according to the laws of the State of Indiana and shall be enforced in any court of competent jurisdiction in St. Joseph County, Indiana. 12. Severability Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. DocuSign Envelope ID: FAA370D6-920E-4D65-929B-E553494073B7 13. Waiver No provision of this Agreement will be deemed waived, unless such waiver will be in writing and signed by the parry against which the waiver is sought to be enforced. The waiver will not be construed to be a waiver of any succeeding breach of any such provision, a waiver of the provision itself, or a waiver of any other provisions of this Agreement. No delay or omission on the part of either parry to exercise or avail itself of any right, power, or privilege that it has or may have under this Agreement will operate as a waiver of any breach or default 14. Time Time is of the essence of this Agreement. 15. Entire Agreement This Agreement sets forth the entire agreement and understanding between the Owner and the City as to the subject matter hereof, and merges and supersedes all prior discussions, agreements, and understanding of any and every nature between them. 16. Corporate Authority The person signing on behalf of the Owner represents that he/she has been duly authorized to execute this Agreement on behalf of said Owner. (Remainder ofpage intentionally left blank) DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 IN WITNESS WHEREOF, the Owner and the City, through their duly authorized representatives, have caused this Agreement to be executed as of the Effective Date. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. St. Joseph County Public Library By: Vt, ro- Fula Printed: Debra Futa Title: Executive Director CITY OF SOUTH BEND INDIANA BY AND THROUGH ITS BOARD OF PUBLIC WORKS ^ Gary A. Gilot, President Elizabeth A. Maradik, Member Therese J. Dorau, Member Jordan V. Gathers, Member Joseph R. Molnar, Member ATTEST: ,42111da G�Car2ita Linda M. Martin, Clerk Q O a� w rn Un O O 0 F a p h o z F 4 ON W aaraax a m n le6eo0(E)e Q 00000 oz a \ ' A 7 z 1 � p 7 �y i CD p z R R a F yy ao a�a �6s .O a W C7 Q a2a Q a � c� =R w c, 'a CN z w NVH .66 -133LS NIVW z o z o � g w a' m�1 ep c%e- fr y bus �' -F s4 `sEa 'a=a fi €� €�_ ev '_ NV2l.66 - 133HiS NV`JIHOH pK �. 9E � � O ¢ fl t � ❑ ci e, � tr �ILI z ,.�. I _ N m n ry z 6 w m m I. WR .66 -133L NIVIN DocuSign Envelope ID: FAA370D6-92OF-4D65-929B-E553494073B7 ANDREWS Building Matters`' Memo: St. Joseph County Public Library — Addition & Renovation R.O.W. Pricing To: Zach Hurst Project Engineer City of South Bend, Indiana From: Jackson Kamp Project Coordinator Bulley & Andrews, LLC Thank you for your time in reviewing our proposal. Please reference the spreadsheet and attached proposals for work to be performed in the right-of-way. If possible, Bulley & Andrews would like to further discuss and understand the concerns associated with abandoning sheeting parallel to the property line on Wayne St. �► 1101 1 0 Contractor: lWork to be performed: Price: Keller lnditanD Earth Removal (a dirl) Excavation in ROW ', 47,250 00 Ini Earth free remaovalll (3), 00.00 Indiana Earth Robe irt Henry Corp Herrman oeta Tree repilaternenit (3) Concrete repIac,errenI 'Street lamp remrvalu storag,��& reinstall stall () _ 2,400.000 9,232DO, 3,000.00 Grand Total for wry in the ROW (w/o Sheeting iReni Grand Total for work in the ROB (wl Sheeting Remm ovcall) Sincerely, Jackson Kamp Project Coordinator Bulley & Andrews, LLC 88,907,001 136„157.02 $65,175.- $70,982 $70,982 * .1 .- 1755 West Armitage Avenue Chicago, IL 60622 1773.235.2433 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 09/14/2020 Name Zach Hurst Department DPW BPW Date 09/22/2020 Phone Extension 3057 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer ❑ Officer Name BPW Attorney ❑ Attorney Name Dept. Attorney ® Attorney Name Sandra Kennedy Purchasing ❑ 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: Dedicated ❑ 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 Information St. Josebh Co. Public Libra ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ SJCPL — Main Branch DP18-104 This agreement provides the City with a performance bond to cover work in the Wavne Street right of wav related to the downtown branch construction rp of ect. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease ($ ) Previous Amount Increase Current Percent of Change: Decrease New Amount $ Increase Total Percent of Change: Decrease Time Extension Amount: New Completion Date: