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HomeMy WebLinkAboutLPA Utility Reimbursement Agreement - City to Pay 20% of Construction Costs for Douglas Road Lift – St. Joseph County Board of Commissionsctober 2019 Revised Agreement Work in Contract LPA/UTILITY REIMBURSEMENT AGREEMENT (WORK IN CONTRACT) Agreement Amount: $2,549,100.00 Agreement Type: Work in Contract Work Description: Sanitary Lift Station, Forcemain. and Watermain Relocation Des No: 1400639 Proj ect No: 1400639 Road: Douglas Road County: St. Joseph THIS AGREEMENT, made and entered into the day of City of South Bend Indiana, acting by and through its Board of Public Works 2020, by and between (hereinafter referred to as the Utility), and St. Joseph County Board of Commissioners, acting by and through its appropriate elected officials, (hereinafter referred to as the "Local Public Agency" or "LPA"). WITNESSETH: WHEREAS, the LPA desires to improve the condition of the above referenced road as referenced by the Des No. and Project No. given above (hereinafter referred to as the "Project"); and WHEREAS, due to the said highway construction certain adjustments, removals, alterations, and/or relocations of the existing facilities of the Utility will have to be made as shown on the plan marked Exhibit "A" attached hereto and incorporated by reference; WHEREAS, the State of Indiana, through the Indiana Department of Transportation, (hereinafter referred to as "INDOT") will recommend approval of this Project, if applicable, to the Federal Highway Administration for construction with funds apportioned to INDOT under Title 23, United States Code and Acts amendatory thereof and supplementary thereto; WHEREAS, INDOT has confirmed that the Project as well as the LPA expenses as forth in Section 5, below, have been approved for and are eligible for federal reimbursement. WHEREAS, INDOT will advertise forbids for construction of the Project, award the contract, and act as liaison agent for the LPA with the Federal Highway Administration. The LPA will supervise the construction of the Project; WHEREAS, it is necessary for the parties hereto to comply with the applicable terms and provisions of the Federal -Aid Policy Guide (hereinafter called the Policy Guide and available at http://www.f-iwa.dot.gov/legsre�4s/directives/cfr23toc.htrn on the FHWA website) and 23 CFR 645 Subpart A, which is hereby incorporated by reference, in order to receive reimbursement; WHEREAS, it is in the best interests of the Utility and the LPA, for the necessary utility adjustments, removals, alterations, and/or relocations of its existing facilities as shown on Exhibit "A" to Page 1 of 6 be made by a contractor paid under the contract let by INDOT. NOW, THEREFORE, IN CONSIDERATION OF THE PREMISES AND THE MUTUAL AGREEMENTS AND COVENANTS HEREIN CONTAINED (THE ADEQUACY OF WHICH CONSIDERATIONS AS TO EACH OF THE PARTIES TO THIS AGREEMENT IS HEREBY MUTUALLY ACKNOWLEDGED), AND OTHER GOOD AND VALUABLE CONSIDERATIONS, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED AND INTENDING TO BE LEGALLY BOUND, THE PARTIES HEREBY COVENANT AND AGREE AS FOLLOWS: SECTION 1 — PREPARATION OF RELOCATION PLANS FOR INDOT' S CONSTRUCTION CONTRACT The Utility shall prepare, or cause to be prepared, at its own cost and expense, all plans, specifications and a preliminary itemized cost estimate, for relocation of the Utility's facilities that need to be relocated in order to construct the LPA's Project. INDOT's construction contract will require the contractor, which is awarded the contract, to list the Utility as an additional named insured. In addition, INDOT's construction contract will provide that the Utility is a third -parry beneficiary with respect to the relocation work. No changes to the plans or specifications for relocation of the Utility's facilities shall be made without the written approval of the Utility. INDOT will prepare the final engineer's estimate for the Project constructioncontract. SECTION 2 — AWARDING OF CONSTRUCTION CONTRACT INDOT will advertise one (1) contract for bids which includes the plans and specifications for relocation of the Utility's facilities and the LPA's plans and specifications for the LPA's Project. Upon receipt of an acceptable bid in accordance with State law, INDOT will award a contract for construction of the Project, inclusive of the relocation of the Utility's facility. The Utility agrees to have the contractor to whom INDOT awards the contract relocate the Utility's facilities as part of the Project. SECTION 3 — CONSTRUCTION TESTING AND INSPECTION The LPA will provide, or cause to be provided, construction inspection and testing services to monitor the contractor's relocation of the Utility's facilities. The costs for said services shall be paid pursuant to the terms set forth in Section 5. The Utility may inspect, at its own cost, the relocation of the Utility's facilities. The Utility shall timely advise the LPA, in writing, of any deficiencies that are observed. Prior to INDOT and the LPA's final acceptance of the construction contract and improvements and relocation of the Utility's facilities, the Utility shall make an inspection of the Utility's relocation work and advise the LPA in writing of the Utility's acceptance thereof. Such acceptance shall not be unreasonably withheld. SECTION 4 — SUBORDINATION OF RIGHTS [Check the following that applies] ® The existing facilities are located on public right-of-way. ❑ The existing facilities are not located on public right-of-way If such facilities are located on property, other than public right-of-way, and the Utility either has an easement thereon or a continuing right to maintain the facilities in that location, the Utility, for and in consideration of this Agreement, shall subordinate the Utility's rights herein to those of the LPA in the highway right-of-way by executing a subordination Agreement. Page 2 of 6 SECTION 5 — REIMBURSEMENT (a) 0 % of the cost to design and prepare construction plans, specifications and preliminary itemized cost estimate for relocation of the Utility's facilities shall be borne by the LPA. The Utility shall be responsible for 100% of these costs. (b) 80 % of the cost to provide testing and inspection services for relocation ofthe Utility's facilities shall be borne by the LPA, subject to federal reimbursement. The Utility shall be responsible for 20% of the cost to provide testing and inspection services for relocation of the Utility's facilities. In addition to its 20% share, the Utility shall also be responsible for any portion of the LPA's share that is not reimbursed through federal funds. (c) The LPA shall bear 80 % of the cost of relocating the Utility's facilities, subject to federal reimbursement., and 0% of the cost of betterment items. (See Exhibit`B"). The Utility shall be responsible for 20% of the cost of relocating the Utility's facilities and 100% of the betterment items identified in Exhibit `B". In addition, the Utility shall be responsible for any portion of the LPA's share that is not reimbursed through federal funds. The cost of relocation of the Utility's facilities (provided for in (c)) shall equal the amount paid by the LPA to the contractor (based upon the actual units of work performed at the unit prices set out in the contractor's itemized proposal or extra work agreement), selected in accordance with the procedure in Section 2. The estimated cost of relocation, including construction and inspection, is $2,549,100.00. (See Exhibit `B" for an itemized estimate of all anticipated costs, including but not limited to, materials, labor, and equipment costs.) The estimated cost of non -reimbursable relocation work to the utility's facilities is $ 569,820.00 . The Utility has appropriated, duly made and entered of record, the sum of $ 569. 220.00 to apply to the cost of the Project and further agrees to appropriate additional funds if federal reimbursement funds are not available to cover the LPA's 80% of the relocation and inspection costs as set forth in Section 5. A copy of the Utility's official record wherein such appropriation was made is attached as Exhibit "C". SECTION 6 — COMPLETION OF PROJECT Upon final acceptance of the contractor's work (the construction contract) by INDOT and the LPA, the Utility shall be responsible for maintenance, repair, and/or reconstruction of the Utility's facilities. SECTION 7 — WAIVER In consideration for INDOT's participation in this contract, the Utility waives any claim, demand, or expectation it may have in the future against INDOT and/or the LPA based upon any negligent omission and/or commission by INDOT's contractor performing the relocation of the Utility's facilities. SECTION 8 — PAYMENTS Within forty-five (45) days after the contract is awarded, the Utility shall pay the LPA a sum equal to one hundred percent (1001/o) of the Utility's share of the bid price for construction as stated above in Section 5. If an Advice of Change Order (AC) is approved which increases the Utility's share of the Project cost, the Utility shall pay the LPA within thirty (30) days a sum equal to one hundred percent (100%) of such increased cost. If any of the LPA's costs set forth herein are not reimbursed through federal funds, the Utility shall pay the LPA for any unreimbursed funds within thirty (30) days of receiving notice of the amount due from the LPA. All payments shall be made in arrears in conformance with State fiscal policies and procedures Page 3 of 6 and, as required by IC 4-13-2-14.8, by electronic funds transfer to the financial institution designated by the Utility in writing unless a specific waiver has been obtained from the Auditor of State. No payments will be made in advance of receipt of the goods or services that are the subject of this agreement except as permitted by IC 4-13-2-20 SECTION 9 — BINDING UPON SUCCESSORS OR ASSIGNS This Agreement shall be binding upon the parties and their successors and assigns. SECTION 10 — GENERAL LIABILITY PROVISIONS The Utility for itself, its employees, agents and representatives, shall indemnify, protect and save harmless the Indiana Department of Transportation, the State of Indiana, and the LPA from and against any and all legal liabilities and other expenses, claims, cost, losses, suits or judgments for damages, or injuries to or death of persons or damage to or destruction of property (hereafter "Claim"), arising out of intentional tortious acts or whether due in whole or in part to the negligent acts or omissions of the Utility, its employees or agents or contractors, in relation to or in connection with any work performed or to be performed pursuant to this agreement, provided however, that where the State has been found liable by a court, tribunal or governing body entitled to make such a determination for intentional tortious acts and/or negligence with respect to the occurrence or occurrences giving rise to the Claim, the Utility shall have no duty to indemnify, protect, or save harmless either the Department of Transportationathe State. SECTION 11 — INCORPORATION OF THE UTILITY POLICY GUIDE The Policy Guide forms an essential part of this Agreement, and the terms or provisions of this Agreement in no way abrogate or supersede the terms or provisions set forth in said Policy Guide. SECTION 12 — PENALTIES/INTEREST/ATTORNEY' S FEES The LPA will in good faith perform its required obligations hereunder and does not agree to pay any penalties, liquidated damages, interest, and/or attorney's fees, except as required by Indiana law. SECTION 13 — COMPLIANCE WITH LAWS; APPLICABLE LAW The UTILITY agrees to comply with all federal, state and local laws, rules, regulations, or ordinances that are applicable at the time the UTILITY's services pursuant to this agreement are rendered, and all provisions required thereby to be included herein are hereby incorporated by reference. The enactment of any Indiana or federal statute or the promulgation of regulations there under after execution of this agreement shall be reviewed by the LPA and the UTILITY to determine whether the provisions of this agreement require formal amendment. This Agreement shall be construed in accordance with and governed by the laws of the State of Indiana and suit, if any, must be brought in the State of Indiana. SECTION 14 — BUY AMERICA CERTIFICATION The UTILITY agrees that all steel and cast iron materials and products to be used under this agreement will be produced and manufactured in the United States of America pursuant to the requirements of IC 5-16-8-1, et al. and 23 CFR 635.410. THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK Page 4 of 6 IN WITNESS HEREOF, the parties hereto separately and severally have caused this instrument to be executed in their respective names by and through their duly authorized officers. UTILITY: City of South Bend, Indiana Board of Public Works (Utility Name) BOARD OF PUBLIC WORKS Gary A. Gilot, President Elizabeth A. Maradik, Member Joseph R. Molnar, Member September 22, 2020 (Date) Therese J. Dorau, Member Jordan V. Gathers, Member ATTEST: 1101116a16i �TR727m Linda M. Martin, Clerk ACKNOWLEDGEMENT State of Indiana County of SS: Before me, the undersigned Notary Public in and for said County and State, personally appeared as members of the City of South Bend, Board of Public Works, and acknowledged the execution of the foregoing contract on this day of 2020. Witness my hand and seal the said last day. My Commission Expires (Signature) (Seal) Page 5 of 6 (Printed or Typed) (Notary Public) LPA: St. Joseph County Board of Commissioners (Name of LPA) ATTEST: Andrew Kostielney, President (Name, Printed or Typed) Deborah Flemming, D.M.D.. Vice President (Name, Printed or Typed) Dave Thomas, Member (Name, Printed or Typed) (Date) (Name, Printed or Typed) ACKNOWLEDGEMENT State of Indiana, County of , SS: Before me, the undersigned Notary Public in and for the County and State, personally appeared as members of the St. Joseph County Board of Commissioners and acknowledged the execution of the foregoing contract on this day of 2020. My Commission Expires (seal) Page 6 of 6 (Signature) (Printed or Typed) (Notary Public) Opinion of Probable•; Douglas Road Lift Station Replacement, Force Main & Water Main Relocatiol LUMP SUM PERCENTAGE ITEMS 105-06845 CONSTRUCTION ENGINEERING (2% of Const Amounts Below) 1 LS 2% $41,200.00 110-01001 MOBILIZATION & DEMOBILIZATION (5% of Const Amounts Below) 1 LS 5% $103,000.00 201-52370 CLEARING RIGHT OF WAY (3% of Const Amounts Below) 1 LS 3% $61,800.00 SUBTOTAL, LUMP SUM PERCENTAGE ITEMS $206,000.00 LIFT STATION AND FORCEMAIN 202-07083 REMOVAL, LIFT STATION 1 LS $25,000.00 $25,000.00 203-04523 DEWATERING LIFT STATION 1 LS $150,000.00 $150,000.00 207-08264 SUBGRADETREATMENT TYPE II 330 SYS $17.56 $5,794.80 211-02050 B BORROW 1,750 CYS $34.26 $59,955.00 211-09266 STRUCTURE BACKFILL TYPE 1 2,363 CYS $32.78 $77,459.14 213-09269 FLOWABLE BACKFILL, NONREMOVABLE (FORCEMAIN & WATERMAIN RETIRE IN PLACE 64 CYS $294.70 $18,860.80 303-01180 COMPACTED AGGREGATE NO. 53 85 TON $25.53 $2,170.05 603-09065 FENCE GATE, CHAIN LINK, 72 IN X 24 FT 1 EA $5,000.00 $5,000.00 603-09066 FENCE CHAIN LINK PVC COATED 72 IN 189 LFT $27.50 $5,197.50 610-09108 PCCP FOR APPROACHES 9 IN 313 SYS $74.90 $23,443.70 621-04258 SEED MIXTURE FLOODPLAIN 12 LB $163.22 $1,958.64 621-06565 MULCHING MATERIAL 0.34 TON $424.77 $144.42 621-06570 TOPSOIL 134 CYS $33.00 $4,422.00 621-08538 MULCH 26 CYS $75.00 $1,950.00 622-05638 PLANT, DECIDUOUS SHRUB, 18 IN. OR UNDER 9 EA $70.67 $636.03 715-04987 CONNECTION TO EXISTING MANHOLE, SANITARY 1 EA $7,500.00 $7,500.00 715-05408 PIPE, SANITARY SEWER, 8", PVC SDR 35 161 LFT $155.62 $25,054.82 715-05411 PIPE, SANITARY SEWER, 12", PVC SDR 35 136 LFT $125.00 $17,000.00 715-09064 VIDEO INSPECTION FOR PIPE 3,217 LFT $1.25 $4,021.25 715-09843 BYPASS PUMPING 1 LS $40,000.00 $40,000.00 715-90052 LIFT STATION 1 LS $745,000.00 $745,000.00 715-92253 SEWER SANITARY LATERAL RECONNECT 1 EA $5,106.43 $5,106.43 715-98961 FORCEMAIN, DUCTILE IRON, 10" 2,569 LFT $120.00 $308,280.00 715-98961 FORCEMAIN, DUCTILE IRON, 10", TRENCHLESS 351 LFT $550.00 $193,050.00 716-01382 AIR RELEASE VALVE 2 EA $12,000.00 $24,000.00 720-03194 MANHOLE, SANITARY SEWER 1 EA $8,000.00 $8,000.00 720-03194 MANHOLE, SANITARY SEWER, SADDLE STRUCTURE 1 EA $8,000.00 $8,000.00 715-90052 LIFT STATION, GENERATOR (BID ALTERNATE) 1 LS $75,000.00 $75,000.00 SUBTOTAL, SANITARY LIFT STATION AND FORCEMAIN $1,842,004.58 1of2 WATER MAIN 202-97009 FIRE HYDRANT ASSEMBLY, REMOVE 6 EA $610.00 $3,660.00 715-01336 GATE VALVE 12 IN. [W/ RISER BOX] 2 EA $3,915.00 $7,830.00 715-04995 LINE STOP [12 IN.] 2 EA $9,336.68 $18,673.36 715-90853 TAPPING SLEEVE AND VALVE [12 IN., W/ RISER BOX] 1 EA $6,743.88 $6,743.88 715-92544 WATER MAIN, DUCTILE IRON, 12 IN 350 LFT $141.47 $49,514.50 715-92544 WATER MAIN, BRIDGE SUPPORTED, 12 IN 71 LFT $675.00 $47,925.00 715-94530 ADJUST WATER VALVE TO GRADE 16 EA $613.80 $9,820.80 715-94780 WATER MAIN, DUCTILE IRON, 6 IN 337 LFT $88.00 $29,656.00 720-96999 FIRE HYDRANT ASSEMBLY 7 EA $6,289.23 $44,024.61 SUBTOTAL, WATER MAIN $217,848.15 TOTAL CONSTRUCTION (ROUNDED) $2,265,900.00 CONSTRUCTION INSPECTION (12.5% OF CONSTRUCTION COSTS) $283,200.00 TOTAL CONSTRUCTION & INSPECTION $2,549,100.00 (-) BETTERMENT (GENERATOR) $75,000.00 TOTAL ELIGIBLE FOR FEDERAL FUNDS (PARTICIPATING) $2,474,100.00 FEDERAL FUNDS PORTION (80%) $1,979,280.00 CITY OF SB PORTION (20%) $494,820.00 TOTAL CITY OF SB RESPONSIBILITY (20% CITY PORTION + BETTERMENT) $569,820.00 2of2 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 Clara McDaniels Dept. Attorney ❑ Attorney Name 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: LPA/Utility ❑ Ease./Encroach Reimbursement Agreement 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. Board of Commissioners ❑ Yes ❑ If Yes, Approved by Purchasing ❑ No E] MBE ❑ WBE Completed E-Verify Form Attached ❑ Yes ❑ Douglas Road Lift Station 118-116 Douglas Road DA TIF TBD $569,820 LumD Sum This agreement stipulates the Cily pqy 20% of the construction costs for the Douglas Road Lift Station (and forcemain relocation) which will be included in the County's road project. 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: