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HomeMy WebLinkAboutSidewalk Construction Agreement - Substation & Service Cntr. Adams Rd. – IMP Co.  ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS 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 February 28, 2023 Mr. Eric Sauer Indiana Michigan Power Company PO Box 16428 Columbus, OH 43216 easauer@aep.com RE: Sidewalk Construction Agreement Dear Mr. Sauer: At its February 28, 2023 meeting, the Board of Public Works approved the above referenced agreement to install a sidewalk at the new substation and service center on Adams Rd., Project No. DP21-040. Enclosed please find a copy of the agreement for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh SIDEWALK CONSTRUCTION AGREEMENT This Sidewalk Construction Agreement (“Agreement”) is made effective the ____ day of ___________, 2023 by and between the Indiana Michigan Power Company (the “Owner”) and the City of South Bend, by and through its Board of Public Works, a municipal corporation existing under the laws of Indiana (the “City”), with offices located at 227 West Jefferson Boulevard, South Bend, Indiana 46601. RECITALS A.WHEREAS, pursuant to I.C. 36-9-6-2, the City Board of Public Works has supervisory authority over the City streets, alleys, sewers, public grounds, and other City ROW. B.WHEREAS, pursuant to Chapter 18 of the Municipal Code of the City of South Bend (“Code”), the City 36-9-6-13, the City has the express authority to control and supervise sidewalks throughout the City. C.WHEREAS, Section 18-35 of the Code outlines the duty of an abutting property owner to construct or repair a sidewalk bordering an owner’s property in a manner consistent with the Code at the sole expense of the property owner. D.WHEREAS, the Owner holds fee title to the real property located at 6480 Adams Road (“Property”). E.WHEREAS, upon review of the plans for the improvements proposed for the Property, the City advised Owner that a public sidewalk is required for the Property. F.WHEREAS, the Property does not currently have a sidewalk, there is no sidewalk adjacent to the Property boundaries, and the nearest public sidewalk to the Property is located approximately 1,500ft from the Property. NOW, THEREFORE, in consideration of the obligations, terms and conditions contained herein, the adequacy of which the parties expressly acknowledge, Owner and the City agree as follows: 1.Recitals True. The above recitals are true. 2.Installation of a Sidewalk on the Property. (a)The installation of a public sidewalk on the Property shall not be required unless and until a public sidewalk is installed on either of the properties that are contiguous to the Property’s boundaries (“Adjoining Properties”). (b)The absence of a public sidewalk on the Property prior to the installation of a public sidewalk on one of the Adjoining Properties shall not be the basis for a 28th. February Page 2 of 5 City regulatory authority to withhold any approval or permit that may be needed from the City during the course of construction or any final approval or permit, including a certificate of occupancy, at the conclusion of construction in order for the Owner to occupy. (c)Owner shall bear the entire cost of installing a public sidewalk on the Property upon demand made by the City. (d)Any public sidewalk installed on the Property by Owner shall be in conformance with City standards. 3.Reporting Requirements. If the City believes that all of the conditions precedent to the Owner’s obligation to install a public sidewalk on the Property under this Agreement have been fulfilled, it shall provide written notice of such to the Owner. 4.Dispute Resolution. The Owner and the City shall use their best efforts to amicably and diligently resolve every controversy, question, claim, or dispute between them that arises out of this Agreement. In the event that the parties cannot fully resolve the dispute, the parties agree to use non-binding mediation by a mutually acceptable mediator to resolve the dispute. 5.Governing Law. This Agreement shall be deemed entered into in Indiana and shall be subject to the internal laws of the State of Indiana and any applicable federal law. 6.Legal Costs. The parties agree and stipulate that each party shall bear its own costs, expenses and attorneys’ fees in relation to this Agreement. 7.Miscellaneous Provisions. (a)Notice. Any notice required to be given pursuant to this Agreement shall be delivered to the appropriate party by Certified Mail Return Receipt Requested, or by overnight mail or courier service, to the following addresses: If to the Owner: Indiana Michigan Power Company PO Box 16428 Columbus, OH 43216 Attn: Eric Sauer If to the City: Page 3 of 5 City of South Bend, Department of Public Works 1316 County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Attn: Director of Public Works with a copy to: City of South Bend, Legal Department 1200 County-City Building 227 W. Jefferson Boulevard South Bend, Indiana 46601 Attn: Corporation Counsel A party may designate a different address for notification under this subsection by notifying the other parties of such change in writing. (b)Further Actions. Each party agrees to execute all documents and to take all actions reasonably necessary to comply with the provisions of this Agreement and its intent. (c)Waivers. No failure or delay by a party to insist upon the strict performance of any covenant, agreement, term or condition of this Agreement, or to exercise any right or remedy upon the breach thereof, shall constitute a waiver of any such breach or any subsequent breach of such covenant, agreement, term or condition. No covenant, agreement, term, or condition of this Agreement and no breach thereof shall be waived, altered or modified except by written instrument. (d)Captions. The captions for each section and subsection are intended for convenience only. (e)Severability. If any provision, or any portion of any provision, of this Agreement is found to be invalid or unenforceable, such unenforceable provision, or unenforceable portion of such provision, shall be deemed severed from the remainder of this Agreement and shall not cause the remainder of this Agreement to be invalid or unenforceable. If any provision, or any portion of any provision, of this Agreement is deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law. Page 4 of 5 (f)Third Party Beneficiary. This Agreement is exclusively for the benefit of the parties hereto. It may not be enforced by any party other than the parties to this Agreement, and shall not give rise to liability to any third party. (g)Successors and Assigns. The benefits and obligations of this Agreement shall inure to and be binding upon the parties hereto and their respective successors and assigns. The parties cannot assign their rights or obligations under this Agreement except with the written consent of the other parties. (h)Modification. Any change to or modification of this Agreement must be in writing signed by the parties to this Agreement. (i)Entire Agreement. This Agreement contains the entire understanding and agreement of the parties hereto and supersedes all other prior agreements and understandings, written or oral between the parties. There are no oral agreements. (j)Preparation of Agreement. This Agreement was drafted and entered into after careful review and upon the advice of competent counsel; it shall not be construed more strongly for or against any party. (k)Execution. This Agreement may be executed in counterparts, all of which taken together shall constitute one document. (l)Authorization. Each person signing for an entity warrants that he or she is duly authorized to do so. Indiana Michigan Power Company __________________________________ __________________________________ City of South Bend CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Eric Sauer, AEP Architect Sr. 2/3/2023 Page 5 of 5 February 28, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 2/13/2023 Name: Charlie Brach Department of Public Works – Engineering Division BPW Date: 2/28/2023 Phone Extension: 9246 Required Prior to Submittal to Board BPW Attorney X Attorney Name Michael Schmidt 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: Sidewalk Construction Agreement Ease./Encroach Required Information Company or Vendor Name Indiana Michigan Power Company New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name AEP Adams Road Substation and Service Center Project Number DP21-040 Funding Source N/A Account No. PR/PO # N/A Amount N/A Terms of Contract N/A Special Contract Provisions N/A Purpose/Description Agreement with Indiana Michigan Power for their new substation and service center on Adams Road to install sidewalk along their property frontage at a time deemed appropriate by the City, which will be when surrounding areas are redeveloped in a way to necessitate the sidewalk connection. 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: