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HomeMy WebLinkAboutMOU - Notre Dame Angela Pedestrian Improvements  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 April 25, 2023 Mr. John Lloyd University of Notre Dame, du Lac, an Indiana non-profit corporation 204 Main Building Notre Dame, IN 46556 Jlloyd2@nd.edu RE: Memorandum of Understanding Dear Mr. Lloyd: At its April 25, 2023 meeting, the Board of Public Works approved the above referenced agreement that establishes a Joint Understanding for the improvements being made to the pedestrian areas around Angela Blvd. and State Road 23. Enclosed please find a copy of the memorandum 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 1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND, INDIANA, AND THE UNIVERSITY OF NOTRE DAME This Memorandum of Understanding (this “Agreement”) is made and executed between the City of South Bend, Indiana, acting by and through its Board of Public Works (together, the “City”), and The University of Notre Dame du Lac, (“Notre Dame”), (collectively referred to as the “Parties.”) 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; and WHEREAS, the City desires to make improvements to the roadways, sidewalks, bike paths and walkways near the Notre Dame campus in the area of Angela Boulevard, Twyckenham Road, Indiana Road 933, and State Road 23; and WHEREAS, Notre Dame seeks to make improvements to the pedestrian and bike paths near the Notre Dame campus in the areas contemplated in this Agreement; and NOW, THEREFORE, the City and Notre Dame do hereby mutually agree as follows: I.EFFECTIVE DATE This Agreement shall be effective as of _______________, 2023. II.GENERAL PROJECT The project will consist of modifications to Angela Boulevard between Indiana State Road 933 (“SR 933”) and Twyckenham Drive. The project will be funded by the parties as described herein and follow the City’s and the American Association of State Highway Transportation Officials Guide for the Development of Bicycle Facilities. The existing 2-lane section of Angela Boulevard from SR 933 to Notre Dame Avenue will be restriped to include one travel lane and a bike lane in each direction. The existing section is anticipated to accommodate an eleven (11) foot travel lane and a six (6) foot bicycle lane. A ten (10) foot multi-purpose path will be constructed along the north side of Angela Boulevard for approximately Eighteen Hundred (1,800) feet, heading east from SR 933, to connect to the existing sidewalk continuing east. The eastbound approach at Notre Dame Avenue is to be striped with a through lane in each direction and eastbound left turn lane. Accommodations to provide bike lanes through the intersection will be evaluated during plan development. All work is anticipated in existing right of way with no additional right of way required. April 25 2 East of Notre Dame Avenue, the existing 4-lane roadway will be restriped in each direction to include one (1) travel lane in each direction with turn lanes, buffer area and on-street parking. The existing pavement width will generally remain the same to allow for game-day and event traffic to use the full 2-lane width in each direction. At the intersections of Angela Boulevard/Eddy Street and Angela Boulevard/Joyce Drive/Duey Street, curb bumpouts will be constructed and the westbound right turn lanes will be converted into parallel parking spaces. Additionally, at Eddy Street, the eastbound right turn lane will be converted to a drop off/pickup lane for ride services. A traffic signal will be installed at the intersection of Angela Boulevard and Joyce Drive/Duey Street. III.RESPONSIBILITIES OF CITY a)Contract with a mutually agreed upon engineering firm who shall provide design drawings and project specifications for all work contemplated under this Agreement. b)Provide project management, project oversight, and project inspection for the work performed under this Agreement. c)Bid publicly all work contemplated under this Agreement in accordance with Indiana Code 36, 1-12, et al. and City Ordinance Section 14.5 et al. d)Pay for the project construction work contemplated on Angela Blvd. between SR 933 to Notre Dame Avenue. IV.RESPONSIBILITIES OF NOTRE DAME a)Reimburse the City for all design work and project specifications contemplated under this Agreement within sixty (60) days of the request from the City. In addition, Notre Dame agrees that the City shall have a non-exclusive right to use any design drawings and project specifications created in relation to this Agreement. b)Pay for project construction work contemplated on Angela Blvd. between Notre Dame Avenue and Twyckenham Drive. V.ADDITIONAL PROJECT WORK 3 The parties acknowledge it is possible that the scope of this project may expand to include additional work to be performed between Twyckenham Drive and Indiana State Road 23. To the extent that the scope of this project expands to this territory, the parties agree to explore a potential partnership for such work. The parties acknowledge that the performance of such work will be the sole determination of the City and shall not be made until bids have been reviewed and budgetary factors weighed. VI.NOTICE All written notifications required hereunder must be sent via certified mail or overnight carrier to the addresses designated below: The University: Office of General Counsel University of Notre Dame 204 Main Building Notre Dame, Indiana 46556 The City: City Engineer 227 West Jefferson Boulevard 13th Floor South Bend, Indiana 46601 With a copy to: Corporation Counsel 227 West Jefferson Boulevard 12th Floor South Bend, Indiana 46601 VII.MISCELLANEOUS a)Upon completion of the project, the City shall provide routine maintenance services such as re-striping crosswalks, travel lanes and gore markings (typically on a 5 year cycle for thermoplastic markings). If an enhanced level of maintenance is desired for Angela Blvd between Notre Dame Ave. and Twyckenham Dr. then Notre Dame agrees to cover the cost of more frequent maintenance. b)The Parties will coordinate public communication concerning the project 4 contemplated under this Agreement. To the extent possible, each party shall provide notice and advance copy of press releases or public statements to the public relations office of the other parties in advance of public release. c)The parties agree that they shall mutually agree upon the design drawings and specifications prepared by a third-party engineering firm. Neither Party will enter into a contract for the work contemplated by this Agreement until both Parties have agreed, in writing, to the final design and project specifications. d)This Agreement may be modified only by the written mutual consent of the authorized representative of the parties. e)This Agreement shall be construed and governed according to the laws of the State of Indiana, and any disputes arising hereunder that cannot be resolved amicably as set forth herein shall be resolved exclusively in the State or Federal Courts seated in St. Joseph County, Indiana. f)In the event of any litigation, mediation, or arbitration among the Parties regarding an alleged breach of this Agreement, neither shall be entitled to any award of attorney’s fees. g)Each undersigned person executing and delivering this Agreement on behalf of a party represents and certifies that he or she is the duly authorized officer or representative of such party, that he or she has been fully empowered to execute and deliver this Agreement on behalf of such party, and that all necessary action to execute and deliver this Agreement has been taken by such party. h)Nothing in this Agreement, express or implied, is intended or shall be construed to confer upon any person, firm, or corporation other than the Parties hereto and their respective successors or assigns, any remedy or claim under or by reason of this Agreement or any term, covenant, or condition hereof, as third-party beneficiaries or otherwise, and all of the terms, covenants, and conditions hereof shall be for the sole and exclusive benefit of the parties herein. i)This document contains all of the agreements between the Parties and supersedes all prior negotiations, representations, or agreements, either written or oral. j)If any provision of this Agreement is found by any court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement will not be affected thereby, and in lieu of any provision that is found to be illegal, invalid, or 5 unenforceable, there will be added as part of this Agreement a provision as similar to such illegal, invalid, or unenforceable provision as may be possible and be legal, valid, and enforceable. k)This Agreement may be executed in counterparts, all of which shall be deemed originals. l)Parties may not assign rights or obligations under this Agreement to any third party without obtaining the prior written consent of all parties to such assignment, which may be given or withheld in their sole discretion. IN WITNESS WHEREOF, the parties hereto, through their duly authorized representatives, have caused this Agreement to be executed as of the day and year first written above. The parties have read and understand the foregoing terms of this Agreement and do, by their respective signatures hereby agree to its terms. University of Notre Dame, du Lac, an Indiana non-profit corporation By: ________________________________ Printed: _____________________________ Title: _______________________________ Date: _______________________________ 04/24/2023 Doug Marsh Vice President April 25, 2023 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 4/18/23 Name Michael Schmidt Department Legal BPW Date April 25, 2023 Phone Extension Ext. 5860 Review and Approval Required Prior to Submittal to Board Diversity Compliance and Inclusion Officer Officer Name BPW Attorney Attorney Name Michael Schmidt Dept. Attorney Attorney Name Michael Schmidt 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: x Ease./Encroach Required Information Company or Vendor Name University of Notre Dame New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Memorandum of Understanding Project Number NA Funding Source Account No. Amount N/A Terms of Contract As attached Purpose/Description Establishes joint understanding for the improvements being made to the pedestrian areas around Angela Blvd., 933, and State Road 23. _______________________________________________________________ _____________________________________________________________ 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: