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Home My WebLink AboutMemorandum of Understanding - 2021 Contractor Paving, Round III Proj No. 121-049 – St. Joseph County1 MEMORANDUM OF UNDERSTANDING FOR THE 2021 CONTRACTOR PAVING ROUND 3 PROJECT This Memorandum of Understanding, is made and entered into this _________day of _______, 202_ (“Effective Date”), by and between the City of South Bend, Indiana , by and through its Board of Public Works ( 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 2021 Contractor Paving Round 3 Project to repave Fellows Street from Jackson Road to Johnson Road and Rose Street from Maple Lane to Crestwood Boulevard (the “Project”), and WHEREAS, the City and the County mutually agree that the existing roads are 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 the Project, 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. City shall bid and administer the Project and shall coordinate as necessary with the County. The County reserves the right to inspect the work performed by the City’s contractor to ensure that such work has been completed in a standard acceptable to the County. 2.Consideration. The County shall pay the City for the items outlined in Exhibit A, attached and incorporated herein by reference. The amount paid by the County shall not to exceed Sixty- Eight Thousand Seven Hundred Eighty-Six Dollars and Forty-Eight Cents ($68,786.48). The final amount paid to the City will be based on the actual quantities placed in the field per the contract unit prices from the awarded bid. The County shall pay the City effective immediately upon project closeout. 3. Additional Project Responsibilities. The City understands and agrees that it shall have the sole responsibility to rework the shoulder area, and trim trees as necessary for areas throughout the Project. 8th. March 2 2 4. Construction Inspection Services. It shall be the County’s sole responsibility and expense to inspect the construction services for the Project. 5. Supplemental 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. 6. 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. 7. 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 South Bend, Indiana 46601 With copies to: 3 Michael P. Misch, General Counsel 131 S. Taylor Street South Bend, Indiana 46601 City: Board of Public Works of the City of South Bend, Indiana 227 W. Jefferson Blvd. County-City Building, 13th Floor South Bend, Indiana 46601 With copies to: Board Attorney City of South Bend, Indiana Legal Department County-City Building, 12th 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. 8. Binding Effect. This Agreement shall be binding upon and shall insure to the benefit of the parties hereto and their respective successors and assigns. 9. 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) 4 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. BOARD OF COMMISSIONERS OF THE COUNTY OF ST. JOSEPH, INDIANA By: _______________________________________ Andrew T. Kostielney, President By: _______________________________________ Deborah A. Fleming, DMD, Vice-President By: _____________________________________ Derek D. Dieter, Member ATTEST: St. Joseph County Department of Public Works _____________________________ ______________________________________ Michael J. Hamann Sky K. Medors, P.E. St. Joseph County Auditor St. Joseph County Engineer 5 March 8, 2022 Attachment A: City of South Bend and St. Joseph County Cost Share Mill Overlay Project Locations City County Total Fellows St 45,124.25$ 45,124.25$ 90,248.49$ Rose St 106,010.98$ 23,662.23$ 129,673.21$ Total 151,135.23$ 68,786.48$ 219,921.71$ Estimated Cost Share Summary Page 1 of 3 Fellows StEngineering Line Item Breakdown Item No. Line Item Quantity UnitUnit Price Cost1Maintenance of Traffic1.0LS$4,270.49 $4,270.492Mobilization and Demobilization1.0LS$4,086.53 $4,086.533Milling, 3"4950SY$2.90 $14,355.004HMA Surface, 9.5 mm – Type B817TONS$74.50 $60,847.885HMA Base, 19.0 mm ‐ Type B34TONS$86.50 $2,941.006HMA for Patching22TONS$100.00 $2,200.007Tack Coat2TONS$1.00 $2.008Joint Adhesive, Surface1918LF$0.70 $1,342.609Transverse Marking, Thermoplastic, Solid, White, 24"28LF$7.25 $203.00$90,248.4950% $45,124.2550% $45,124.25County OwnershipFellows St from Jackson Rd to Johnson StContractor's Bid PricesFellows St TotalCity OwnershipPage 2 of 3 Rose StEngineer's Line Item BreakdownCounty CityCounty City1Maintenance of Traffic0.20 0.80LS$6,136.04 $1,227.21 $4,908.832Mobilization and Demobilization0.20 0.80LS$5,871.72 $1,174.34 $4,697.373Milling, 3"1305 5780SY$2.90 $3,784.50 $16,762.004HMA Surface, 9.5 mm – Type B215 954TONS$74.50 $16,041.71 $71,050.655HMA for Patching040TONS$86.50 $0.00 $3,460.006Tack Coat0.36 1.64TONS$1.00 $0.36 $1.647Joint Adhesive, Surface514 2344LF$0.70 $360.11 $1,640.498Adjust Manhole to Grade17EA$200.00 $200.00 $1,400.009Adjust Water Valve Structure to Grade14EA$100.00 $100.00 $400.0010Adjust Inlet to Grade37LF$200.00 $600.00 $1,400.0011Transverse Marking, Thermoplastic, Solid, White, 24"24 40LF$7.25 $174.00 $290.00$23,662.23 $106,010.9880%20%City OwnedCounty OwnedContractor's Bid PricesRose St from Maple Ln to Crestwood BlvdRose St TotalQuantityCostUnitUnit PriceLine ItemItem No. Page 3 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 3/1/2022 Name Scott Kreeger Department Public Works BPW Date 3/8/2022 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 – 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. PCA Chg. Order, No. Traffic Control Resolution Other: Memorandum of Understanding Ease./Encroach Required Information Company or Vendor Name St. Joseph County New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name 2021 Contractor Paving Round 3 Project Number 121-049 (DFO PROJ00000245) Funding Source Capital Outlay-Infrastructure-Streets & Alleys Account No. PR-10341 Amount $68,786.48 Terms of Contract LS Purpose/Description ____MOU with St. Joseph County for the resurfacing of Fellows St from Jackson to Johnson and Rose St from Maple to Crestwood 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: