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Home My WebLink AboutMOU - Reimbursement Related to Howard St. & Corby Blvd. Streetscape Improvements - KRG Eddy St. Land III, LLC ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER 1316 COUNTY-CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND, INDIANA 46601-1830 PHONE 574/ 235-9251 FAX 574/ 235-9171 CITY OF SOUTH BEND JAMES MUELLER, MAYOR BOARD OF PUBLIC WORKS May 11, 2021 Mr. Tony Halsey KRG Eddy Street Land III, LLC 30 S. Meridian St., Suite 1100 Indianapolis, IN 46204 thalsey@kiterealty.com RE: Memorandum of Understanding Dear Mr. Halsey: At its May 11, 2021 meeting, the Board of Public Works approved the above referenced Memorandum of Understanding for reimbursement related to Howard St. & Corby Blvd. Streetscape Improvements in the amount of $71,221.46. Enclosed please find a copy of the memorandum for your records. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Anne Fuchs Anne Fuchs, Clerk Enclosures AF/lh MEMORANDUM OF UNDERSTANDING FOR REIMBURSEMENT This Memorandum of Understanding for Reimbursement (the “Agreement”) is made by and between the City of South Bend, Indiana, acting by and through its Board of Public Works (collectively, the “City”), and KRG Eddy Street Land III, LLC, an Indiana limited liability company (hereinafter, “KRG”), to be effective as of the date same is fully executed by both parties (the “Effective Date”). WHEREAS, since 2016, KRG has developed certain land along Eddy Street from Angela Boulevard to Corby Street in South Bend, Indiana (the “Project”); and WHEREAS, a portion of KRG’s Project included installation of public utilities including but not limited to water main, hydrants and valves, water services, sanitary sewer and structures, and sewer laterals along Howard Street from State Route 23 to Frances Street, for which KRG has engaged or will engage the services of an underground utilities installation contractor; and WHEREAS, to install the public utilities, KRG’s contractor made an approximately fifteen (15) foot wide excavation in the east bound lanes of Howard Street; and WHEREAS, the City made plans retroactively to mill and resurface the pavement and install traffic calming improvements along Howard Street as part of a City project in order to accommodate increased vehicular, bicycle, and pedestrian traffic as a result of the developments by KRG; and WHEREAS, KRG had knowledge of the City's planned improvements related to Howard Street, and the City proposed to perform the pavement replacement and traffic improvements with KRG reimbursing the City for the costs incurred by the City for pavement replacement and other work required to complete that portion of the Project. 2 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. The City agrees to perform or cause to be performed certain work in Howard Street, including but not limited to pavement replacement, curb removal and installation between State Route 23 and the Eddy Street intersection, loops and detector installation, pavement striping and markings, lighting and electrical conduit installation, and tree installation on Howard Street in the locations depicted on drawings set forth as Exhibit A, which are incorporated herein by reference and attachment (the "Howard Street Project"). 2. The parties acknowledge that the City awarded a bid for the Howard Street Project on May 11, 2021, to lowest responsible and responsive bidder (the "Contractor") in the amount of $574,000 (the "Contract Amount"), as set forth more specifically in Exhibit B, which is attached hereto and incorporated herein by reference. KRG agrees to reimburse the City in the amount of $71,221.46 for certain work contained within the Howard Street Project, as detailed on Exhibit C, within sixty-five (65) days from the effective date of this Agreement. The City shall require the Contractor to provide a performance bond for One Hundred Twenty-five Percent (125%) of the Contract Amount. The City shall hold such performance bond until it accepts a completion affidavit and receives a three (3)-year maintenance bond with a value of Ten Percent (10%) of the final contract value and a lien waiver. Further, following the payment of such reimbursement by KRG, the City shall cause any necessary repairs to be made to the Howard Street Project promptly following KRG’s written notice of the need for such repairs. 3 3. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys’ fees in relation to this Agreement. 4. 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. 5. This Agreement shall be governed by the laws of the State of Indiana. 6. 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. 7. This Agreement shall be binding upon the parties hereto, their administrators, executors, heirs and assigns. 8. 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. 9. This Agreement may be executed in any number of identical counterparts, all of which, when taken together, shall constitute the same instrument. A copy of the executed Agreement (in electronic form or otherwise) shall be deemed an original for all relevant purposes. The exchange of copies of the executed Agreement by electronic mail or by any other electronic means intended to preserve the original graphic and pictorial appearance of a document shall constitute effective execution and delivery of this Agreement. Signatures of any parties hereto transmitted electronically shall be deemed to be their original signatures for all purposes. 4 10. Each party represents the requisite authority to enter into this Agreement and fulfill the obligations herein. [Signatures on following page] May 11, 2021 6 Exhibit A Improvements Exhibit PROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2021 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture·Land Surveying Benton Harbor Portage Ft. Wayne South Bend Goshen South Haven Hobart Valparaiso Lafayette HOWARD STREET AND CORBY BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT NO. 120-024 PLAN VIEW HOWARD STREETPWCAKCAKRTN1-15-20201"=20'VERT20-05283411C H ADA.KNIPR DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER DNPROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2021 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture·Land Surveying Benton Harbor Portage Ft. Wayne South Bend Goshen South Haven Hobart Valparaiso Lafayette HOWARD STREET AND CORBY BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT NO. 120-024 GRADING DETAILS EDDY STREET AND HOWARD STREETPWCAKCAKRTN1-15-20201"=20'20-05283414C H ADA.KNIPR DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER PROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2021 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture·Land Surveying Benton Harbor Portage Ft. Wayne South Bend Goshen South Haven Hobart Valparaiso Lafayette HOWARD STREET AND CORBY BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT NO. 120-024 GRADING DETAILS CORBY BOULEVARD AND SOUTH BEND AVENUEPWCAKCAKRTN1-15-20201" =10'VERT20-05283415C H ADA.KNIPR DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER PROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2021 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture·Land Surveying Benton Harbor Portage Ft. Wayne South Bend Goshen South Haven Hobart Valparaiso Lafayette HOWARD STREET AND CORBY BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT NO. 120-024 SIDEWALK JOINTING PLANPWCAKCAKRTN1-15-20201"=10'VERT20-05283419C H ADA.KNIPR DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER PROJECT:DATE:SHEET NO.ACI JOB #DRAWN BY:DESIGNED BY:PM REVIEW:SEAL:SIGNATURE:SCALE:HORZ:VERT:SHEET TITLE:ofQA/QC REVIEW:DATE:315 W. Jefferson Blvd. South Bend, IN 46601 T 574.232.8700 F 574.251.4440 abonmarche.com ABONMARCHE COPYRIGHT 2021 - ABONMARCHE CONSULTANTS, INC.Engineering · Architecture·Land Surveying Benton Harbor Portage Ft. Wayne South Bend Goshen South Haven Hobart Valparaiso Lafayette HOWARD STREET AND CORBY BOULEVARD STREETSCAPE IMPROVEMENTS PROJECT NO. 120-024 LANDSCAPE PLANPWCAKCAKRTN1-15-20201"=20'VERT20-05283426C H ADA.KNIPR DEREPSIGE RNo. 10300102STATE OFTENIG N EL ANOINSSOFENIDIAAER 7 Exhibit B Howard St. and Corby Blvd Streetscape Improvements Bid Form 8 Exhibit C Reimbursement Exhibit Eddy and Howard Intersection Improvements Reimbursement Exhibit Description Qty Unit Unit Price Cost 1 Compacted Aggregate, No. 53 61 TON 27.00$ 1,647.00$ 2 HMA Surface 55 TON 81.00$ 4,455.00$ 3 Concrete curb and gutter 258 LFT 35.00$ 9,030.00$ 4 Concrete Sidewalk, 4"142 SYD 43.00$ 6,106.00$ 5 Concrete Curb Ramp 30 SYD 91.00$ 2,730.00$ 6 Concrete Driveway Approach, 8"156 SYD 65.00$ 10,140.00$ 7 Tree, 2"13 EA 490.00$ 6,370.00$ 8 Bollards 12 EA 2,400.00$ 28,800.00$ 9 Line, Yellow, Solid, Thermoplastic 4", Grooved 1184 LFT 3.00$ 3,552.00$ 10 Line, White, Solid, Thermoplastic, 4", Grooved 150 LFT 4.00$ 600.00$ 11 Line, White, Solid, Thermoplastic, 6"116 LFT 6.00$ 696.00$ 12 Transverse, Line, Thermoplastic, White, 24" Stop Bar 27 LFT 10.00$ 270.00$ 13 Transverse, Line, Thermoplastic, White, 24" Cross Hatch 87 LFT 10.00$ 870.00$ 14 Lane Indication Arrow 2 EA 150.00$ 300.00$ 15 Signal Detector Housing 2 EA 900.00$ 1,800.00$ 16 Conduit, PVC, 2" Schedule 80 92 LFT 11.00$ 1,012.00$ 17 Saw Cut for Roadway Loop Detector and Sealant 340 LFT 10.00$ 3,400.00$ 18 Signal Cable Roadway Loop Copper, 1c/14 Ga 1110 LFT 0.55$ 610.50$ Subtotal 82,388.50$ Description Qty Unit Unit Price Cost 1 HMA Intermediate 57.44 TONS 91.00$ 5,227.04$ 2 HMA Base 49.5 TONS 93.00$ 4,603.50$ 3 Compacted Agg, No. 53 49.5 TONS 27.00$ 1,336.50$ Subtotal 11,167.04$ Kite Reimbursement less COSB Contribution Total 71,221.46$ Kite Reimbursement to COSB COSB Contribution for Sewer Alignment Shift in Howard St. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 5/5/2021 Department Engineering Name Kyle Silveus Phone Extension BPW Date 5/11/2021 Phone Extension - Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels, Sandi Kennedy Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for 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. Resolution Chg. Order, No. Traffic Control Ease./Encroach Other: MOU Agreement Ease./Encroach Required Information Company or Vendor Name KRG Eddy Street Land III, LLC New Vendor Yes If Yes, Approved by Purchasing No C MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Howard St. and Corby Boulevard Streetscape Improvements Project Number 120-024 Funding Source N/A Account No. N/A Amount $71,221.46 Terms of Contract N/A Purpose/Description Memorandum of Understanding for Reimbursement related to Streetscape Improvements along Howard St. and Corby Boulevard. For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: