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HomeMy WebLinkAboutMOU - Pedestrian Walkway & Island on LaSalle Ave. – Board of Commissions of St. Joe Co. MEMORANDUM OF UNDERSTANDING FOR PEDESTRIAN WALKWAY AND ISLAND ON LASALLE AVENUE, SOUTH BEND, INDIANA This Memorandum of Understanding (this “Agreement”) is made effective _____________, 2023 (the “Effective Date”) by and between the City of South Bend, Indiana a municipal corporation organized and operating under the laws of the State of Indiana, acting by and through its Board of Public Works (“City”) and the Board of Commissioners of the County of St. Joseph, Indiana (“County”). RECITALS WHEREAS, the County is the lawful owner of the LaSalle Avenue Bridge (“Bridge”) crossing the St. Joseph River, South Bend, Indiana; and WHEREAS, pursuant to I.C. 36-9-6-2, the City has supervisory authority over the City streets, alleys, sewers, public grounds, and other City ROW; and WHEREAS, the City has requested to construct a pedestrian walkway and island on LaSalle Avenue in the approach to the Bridge to safely accommodate the flow of pedestrian traffic through the East Bank River Trail; and WHEREAS, pursuant to the terms set forth in this Agreement below, the parties hereto mutually agree that this improvement is in the best interest of the community for whom they serve. NOW THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the City and County hereby agree as follows: TERMS Section 1. Project. The City shall design and construct a pedestrian walkway and island in a manner consistent with the drawings set forth on Exhibit A, attached hereto. In addition to this work, the City shall also provide for the streetscape on LaSalle Avenue from Dr. Martin Luther King Boulevard to Eddy Street. Such streetscape will include reducing the number of vehicle travel lanes, adding bump-outs and pedestrian crosswalks, improving bicycle lanes and additional pedestrian accommodations, collectively (the “Project”). Section 2. Access. The County shall grant the City access to and upon the Bridge for a period beginning on April 1, 2023 and extending until December 31, 2023 so that the City can complete the Project in a manner consistent with this Agreement. This access is limited to and shall only be used for the completion of the Project. Section 3. Construction Costs. The City shall administer the Project and shall bear responsibility for all costs associated with the design, construction, inspection, and upkeep of the Project. In addition, the City shall provide ongoing maintenance over the approach to the Bridge for a period of five (5) years. The City shall use its best efforts during construction not to disrupt the integrity of the Bridge. Should the City cause damage to the Bridge or otherwise disrupt the integrity of the Bridge during the work related to the Project, the City shall be financially responsible for any and all repairs needed to the Bridge to restore the Bridge to its present state. Any dispute over damage to the Bridge or the cause of the alleged damage of the Bridge shall be determined by a 3rd party consultant. The 3rd party consultant shall be mutually agreed upon by both the City and the County and will deliver a report which will serve as the basis for determining liability. The cost of the 3rd party consultant shall be shared equally unless the Project undertaken by the City is determined to have been the source of the damage in which case the City shall pay the expense for the 3rd party consultant. Section 4. Risk and Indemnity. It is understood that the City’s right of access to the Bridge hereunder shall be at the sole risk of the City, its employees, contractors and agents, and that all work and activities carried out by the City, its employees, contractors, and agents, in th e course of the Project, shall be performed in a safe manner with such care and diligence as is necessary to avoid injury (including death) to persons, or damage to property. As additional consideration for the right of access to the Bridge hereunder, the City agrees to indemnify, hold harmless and defend the County from and against any and all actions or causes of action, claims, demands, liabilities, loss, damage, or expense of whatsoever kind and nature, unless such cause of action relates to a pre-existing condition on the Bridge, including attorneys’ fees, which the County may suffer or incur by reason of bodily injury, including death, to any person or persons, arising out of or in any manner connected with the work related to the Project, or which the County may sustain or incur in connection with any litigation, investigation or other expenditures incident thereto, including any suit instituted to enforce the obligations of this agreement of indemnity, due in whole or in part to any act, omission, or negligence of the City, or its employees, contractors, or agents. In the event the injuries, including death or damages are due to the sole negligence of the County or its employees, contractors, or agents, then and only then shall the City not be liable under the provisions of this paragraph. Section 5. Right of Review. The County shall have the right to review and provide reasonable feedback to the City, and its agents, regarding the Project, its design, scope, and location. Section 6. LaSalle Bridge. The County shall provide the City with any renderings of the Bridge and any existing inspection reports which it may possess which the City shall use to determine the integrity of the Bridge immediately adjacent to the approach on LaSalle Avenue where the walkway and island will be constructed prior to the start of the Project. Section 7. Project Bidding. The parties hereto agree that Project will be bid in a manner consistent with Indiana Code and will be subject to any and all City Ordinances. Section 8. Project Compliance. The City shall comply with all state, federal and local laws and regulations applicable to the Project, including all environmental and health and safety laws and regulations. Section 9. Interference with County Access. The City shall refrain from interrupting or interfering in any manner with the County’s access to the Bridge. No activities the City undertakes in the furtherance of the Project shall impede the County’s access to the Bridge, unless the County gives prior written consent to such impediment to access, which consent shall be at the sole discretion of the County. Under no circumstances will such impediment to access under such consent prevent County access to the Bridge for greater than twenty -four (24) consecutive hours. The City shall be liable for any damages, injuries, or claims of any nature resulting from the City’s noncompliance with the restrictions of this section. Section 10. Integration; Amendment. This Agreement supersedes all prior negotiations, understandings, and agreements, whether written or oral, concerning the subject matter of this Agreement and constitutes the parties’ entire agreement. This Agreement may not be altered except by a written instrument signed by authorized representatives of both parties. Section 11. Waiver. Neither the failure nor any delay on the part of a party to exercise any right, remedy, power or privilege under this Agreement shall operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise of the same or of any right, remedy, power or privilege, nor shall any waiver of any right, remedy, power or privilege with respect to any occurrence be construed as a waiver of such right, remedy, power or privilege with respect to any other occurrence. No waiver shall be effective unless it is in writing and is signed by the party asserted to have granted such waiver. Section 12. Severability. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining terms and provisions of this Agreement shall continue in full force and effect unless amended or modified by mutual consent of the parties. Section 13. Counterparts; Signatures. This Agreement may be separately executed in counterparts by the Parties, and the same, when taken together, will be regarded as one original Agreement. Electronically transmitted signatures will be regarded as original signatures. Section 14. Authority. Each undersigned person signing on behalf of his or her respective party certifies that he or she is duly authorized to bind his or her respective party to the terms of this Agreement. Section 15. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Indiana. The Circuit or Superior Courts of St. Joseph County, Indiana shall have exclusive jurisdiction and venue over any legal action arising out of or relating to this Agreement. Section 16. Attorney’s Fees. The prevailing party in any action to enforce this Agreement shall be entitled to their reasonable attorney fees. 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. BOARD OF COMMISSIONERS COUNTY OF ST. JOSEPH, INDIANA Carl H. Baxmeyer, President ______________________________ Derek D. Dieter, Vice President _______________________________ Deborah A. Fleming, D.M.D., Member ATTEST: ______________________________ County Auditor August 8, 2023 EXHIBIT A The Project generally involves a “road diet” and traffic calming enhancements from Dr. Martin Luther King Drive to Eddy St. to reduce the travel lanes from 4 lanes to a 2-3 lane pavement sections, providing more user-friendly pedestrian & bike use plus landscaping within the R/W outside of the narrower roadway. Just east of the river there are the riverside trail connections going north & south, and the City wishes to provide a safe pedestrian crossing to connect to the riverside trail with a crosswalk running across LaSalle Ave. Pedestrian actuated flashing crossing warning signage will be included along with a crosswalk. The City wishes to install retro constructed 6”, beveled reveal, barrier pedestrian safety median curb islands for pedestrian crossing safety on the east Bridge approach slab, east of the bridge structure. The proposed work would not take place on the Bridge deck. The work would involve retro constructed ADA curb ramps, at the north and south ends of the proposed crossing. The crosswalk path surface would be at the existing pavement grade, with safety crosswalk pavement markings. The existing Bridge approach concrete would be sand blasted clean. Then “L” shaped reinforcing steel pinning bars would be drilled and grouted into the existing concrete slab at a typical spacing, and a reinforcing steel bar grid mat would be tied to the pinning bars to reinforce the retro curb to be poured around the reinforcing steel bar grid mat after an epoxy bonding agent is to be applied to the sand blasted existing east bridge approach concrete surface. The work would take place on the eastern approach of the Bridge over the St. Joseph River for the full width of the roadway. 14+0015+0016+0017+00LASALLE AVE LASALLE AVE STREETSCAPE 0 Feet 5 10 CITY OF SOUTH BEND PROPOSED PEDESTRIAN CROSSING TO CONNECT RIVERSIDE TRAIL © 2023 JPR - All Rights Reserved South Bend, IN p: 574.232.4388 Fort Wayne, IN p: 260.422.2522 J O N E S P E T R I E R A F I N S K I Front ViewGround Rod1' Min.Edge of Pavement Ground Wire Pedestal Foundation Grounding Lug Inside Back of Base Pedestal Base Pedestal Pole, 4 1 2" Dia. W16-7P (Lt.) (24 IN x 12 IN) W11-15 w/ LED Warning Lights Front and Back (36 IN x 36 IN) Dome Cap Solar Panel (Orientation Varies by Site Conditions)7'5'16' to 20'42" (Min) to 48" (Max)R10-3c Actuator with Tactile Arrow Side View No. 6 Ground Wire Steel Banding Battery Cabinet and Program Timing Module 1' Min. SP3-2 Solar Powered Flashing Pedestrian Crossing Signage Assembly N.T.S. NOTE: 2 ASSEMBLIES REQUIRED IN THE ASSEMBLY SYSTEM 10' WIDE PEDESTRIAN CROSSWALK AT EXISTING BRIDGE APPROACH SLAB SURFACE GRADE 6", BEVELED REVEAL RAISED BARRIER PEDESTRIAN SAFETY MEDIAN CONCRETE CURB ISLANDS BONDED TO BRIDGE APPROACH SLAB SURFACE BRIDGE APPROACH SLAB BRIDGE DECK 2' CURB RAMP (ADA) CURB RAMP (ADA) 10'5'5'10'EXISTINGRIVERSIDE TRAILEXIS T INGRIVERS IDE TRA I L BRIDGE APPROACH SLAB SA SA SOLAR POWERED FLASHING PEDESTRIAN ACTUATED SIGN ASSEMBLY SA 10'11'10'12'12'11'10'11'PROPOSED PAVEMENT MARKINGS (TYP) PROPOSED PAVEMENT MARKINGS (TYP) STA. 15+29.5, LINE 'A' BEGIN FULL DEPTH PAVEMENT RECONSTRUCTION LINE 'A' PROPOSED PAVEMENT MARKINGS (TYP) ST JOSEPH RIVER BRIDGE ST JOSEPH RIVERPROPOSED PAVEMENT MARKINGS (TYP)H:\2021 Projects\2021-0489\04_Drawings\DWG\LaSalle Ave Streetscape\CROSSWALK DETAILS.dwg, 7/18/2023 3:48:13 PM BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 8/1/2023 Name Leslie Biek, PE Department PW BPW Date 8/8/2023 Phone Extension 9323 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 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: MOU Ease./Encroach Required Information Company or Vendor Name Board of Commissioners of the County of S. Joseph, IN New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name LaSalle Streetscape Memorandum of Undertanding for Pedestrian Walkway and Island on LaSalle Ave Project Number 122-013R Funding Source NA Account No. NA Amount NA Terms of Contract Purpose/Description Memorandum of Understanding between the City and the County for work related to a pedestrian crossing on LaSalle Ave near the St. Joespeh River bridge. 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: