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HomeMy WebLinkAboutRescind LPA-Utility Reimbursement Agreement - Relocating Five (5) Hydrants at Auten Rd. – SJC Board of Comm.Page 1 of 2 INTER-OFFICE MEMORANDUM DEPARTMENT OF PUBLIC WORKS DIVISION OF ENGINEERING TO: Theresa Heffner, Clerk Board of Public Works FROM: Zach Hurst, Project Engineer SUBJECT: Rescind Approval of LPA/Utility Reimbursement Agreement - Project No. 121-036 Auten Road Fire Hydrants DATE: 06/16/2022 On May 24, 2022, the Board of Public Works approved an agreement between the City of South Bend and the St. Joseph County Commissioners for the City to reimburse the County for relocation of five (5) City-owned fire hydrants located along Auten Road as part of the County’s project to construct a multi-use path along Auten Road. The construction project is a federal aid project managed by the Indiana Department of Transportation (INDOT). The reimbursement agreement was also subject to final approval by INDOT, who ultimately decided that these hydrant relocations could not be performed as part of St. Joseph County’s construction project. Because this work cannot be completed by St. Joseph County as part of their contract, and that St. Joseph County will not sign this agreement, the City’s Department of Public Works respectfully requests that the Board rescind its approval of the Agreement, rendering it null and void. The hydrant relocations will be completed by using a public quote process in accordance with Indiana State code. Thank you. Page 2 of 2 Department of Public Works Request for Rescission of Approval of LPA/Utility Reimbursement Agreement June 16, 2022 On this 28th day of June, 2022, the Board of Public Works hereby rescinds its May 24, 2022 approval of the LPA/Utility Reimbursement Agreement between the City of South Bend and the St. Joseph County Commissioners for the reasons set forth above. June 28, 2022 Page 1 of 5 October 2019 Revised Agreement Work in Contract LPA/UTILITY REIMBURSEMENT AGREEMENT (WORK IN CONTRACT) Agreement Amount: $19,410.00 Agreement Type: Work in Contract Work Description: Fire hydrant relocation. Des No: 1400638 Project No: 1400638 Road: Auten Road County: St. Joseph THIS AGREEMENT, made and entered into the day of , 2022, by and between City of South Bend Indiana, acting by and through its Board of Public Works (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 for bids 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.fhwa.dot.gov/legsregs/directives/cfr23toc.htm 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 2 of 5 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-party 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 construction contract. 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 3 of 5 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)0 % of the cost to provide testing and inspection services for relocation of the Utility’s facilities shall be borne by the LPA, subject to federal reimbursement. The Utility shall be responsible for 100% of the cost to provide testing and inspection services for relocation of the Utility’s facilities. In addition to its 100% 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 0 % 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 100% 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 $19,410.00. (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 $ 19,410.00 . The Utility has appropriated, duly made and entered of record, the sum of $ 19,410.00 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 100% of the relocation and inspection costs as set forth in Section 5. 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 (100%) 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 4 of 5 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 Transportation or the 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 5 of 5 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) (Signature of Officer) (Date) (Officer’s Name, Printed or typed) (Officer’s Position) LPA: St. Joseph County Board of Commissioners (Name of LPA) ATTEST: (Name, Printed or Typed) (Name, Printed or Typed) (Name, Printed or Typed) (Name, Printed or Typed) (Date) May 24, 2022 2833 S. 11th Street, Niles, MI 49120 Phone: 269-684-0842 Fax: 269-684-0846 ______________________________________________________________________________ Page 1 of 1 PROPOSAL April 21, 2022 City of South Bend Dept. of Public Works Attn: Mr. Zach Hurst, P.E. 227 W. Jefferson Blvd., Ste. 1316 South Bend, IN 46601 RE: INDOT 37502 – AUTEN ROAD TRAIL FIRE HYDRANT RELOCATIONS Zach, Thank you for the opportunity to provide you with a proposal to relocate five (5) existing hydrants along Auten Road that are currently in the proposed bike trail. The new hydrants, pipe, and fittings for the relocation will be supplied by the City of South Bend, Water Department. The hydrants to be relocated are as follows: Station Distance (ft) 124+11 12 135+93 2.5 142+81 12 146+46 3.25 148+95 2 Total Cost to Relocate Hydrants: 5 ea. x $3,882.00/ea. = $19,410.00 Notes: 1. City of South Bend to supply new hydrants, pipe, and fittings. 2.Selge to supply labor, equipment, stone, backfill, and MOT. 3.Proposal assumes complete shutdown of hydrant. 4.Proposal based on relocation plan date 4/4/2022. 5.Old hydrants to be returned to the South Bend Water Department. Feel free to call with any questions. Thank you again for the opportunity. Respectfully submitted: Selge Construction Co., Inc. City of South Bend Robert P. Kuhns, PE Authorized Signature Project Engineer Exhibit B BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 06/21/2022 Name Zach Hurst Department DPW BPW Date 06/28/2022 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 – 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: LPA/Utility Reimbursement Agreement [RESCIND] Ease./Encroach Required Information Company or Vendor Name St. Joseph Co. Board of Commissioners New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Auten Road Hydrant Relocations Project Number 122-036 Funding Source Water Works Capital Account No. PR-00016939 Amount $19,410.00 Terms of Contract Purpose/Description RESCIND APPROVAL of agreement for City to reimburse St. Joseph Co. for relocating 5 hydrants as part of their Auten Road trail project. 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: