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HomeMy WebLinkAboutMOU - Urban Trail Connects DTSB to UDU - UND du Lac & VSB Inc.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 August 22, 2023 Office of General Counsel/Shannon Cullinan Executive Director/Jeffery S. Jarnecki The University of Notre Dame du Lac 204 Main Building Notre Dame, IN 46556 RE: Memorandum of Understanding To Whom It May Concern: Visit South Bend Mishawaka, Inc. 101 N. Michigan St., Suite 300 South Bend, IN 46601 At its August 22, 2023 meeting, the Board of Public Works approved the above referenced memorandum to jointly partner in the redesign, modernization, and improvements to rights -of -way at E. LaSalle Ave., East Bank of St. Joseph River, N. Hill St., South Bend Ave., Notre Dame Ave., and Angela Blvd. from April 2024 to October 19, 2024 in two (2) phases, the Urban Trail that connects DTSB to UND and the three (3) parties will share equally in the amount of $11,500,000. 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 ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE MURRAY L. MILLER MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH BEND, INDIANA, THE UNIVERSITY OF NOTRE DAME du LAC, and VISIT SOUTH BEND MISHAWAKA, INC. 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"), The University of Notre Dame du Lac, ("Notre Dame"), and Visit South Bend Mishawaka, Inc., an Indiana non profit corporation, ("VSB"), (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 Parties share a mutual interest in improving South Bend, Indiana; and WHEREAS, the Parties wish to jointly partner in the redesign, modernization and improvements, as described herein, of certain right of ways, streets, landscaping and multi -purpose pathways to create a destination for year-round use, visitation, economic development, and tourism in a manner contemplated herein this Agreement; and NOW, THEREFORE, the City, Notre Dame and VSB do hereby mutually agree as follows: I. EFFECTIVE DATE This Agreement shall be effective as of August 22 , 2023. II. GENERAL PROJECT The planned improvements for the project ("Project") shall include, but not be limited to, the following: a) Installation of multi -purpose paths conducive to'pedestrian and bicycle usage; b) Installation of premium quality landscaping; c) Street milling and paving; d) Street striping; e) Installation of new curbs and sidewalks; f) Installation of street and pathway lighting; and g) Installation of wayfinding signage and other enhancements to create attraction and use by both residents and visitors. The improvements contemplated under the Project shall start on E. LaSalle Avenue on the immediate east bank of the St. Joseph River and move towards North Hill Street. The Project will continue northbound on Hill Street until South Bend Avenue at which point it will extend northeast on South Bend Avenue to Notre Dame Avenue continuing northbound on Notre Dame Avenue and conclude at the intersection of Notre Dame Avenue and Angela Boulevard. The Project will be bid in two phases with Phase 1 including the work on Notre Dame Avenue and Phase II including South Bend Avenue and Hill St. Phase I is expected to begin construction in April 2024 with a substantial completion date of September 3, 2024. Phase II is expected to begin in May 2024 with a substantial completion date of October 19, 2024. III. RESPONSIBILITIES OF CITY a) Select and directly contract with an engineering firm to prepare technical drawings and bid specifications attributable to the Project. b) Provide project management, project oversight, and project inspection for the work performed under this Agreement. All general contractor and subcontractor agreements must include provisions providing for additional named insured and indemnification provisions for Notre Dame and VSB. 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) Contribute an amount of $4,500,000.00 for the work contemplated on Hill Street, South Bend Avenue and Notre Dame Avenue. e) Provide all ongoing responsibility for the Project, including but not limited to general maintenance, repairs, paving, stripping, snow and ice removal, after the completion of the work and to a standard consistent with initial installation. IV. RESPONSIBILITIES OF NOTRE DAME a) Provide approval to the conceptual design and specifications, including for all requests for proposals/bids as prepared by City consultants. b) Contribute an amount up to a maximum contribution of $3,500,000.00 for the work contemplated on Hill Street, South Bend Avenue and Notre Dame Avenue. One million seven hundred thirty thousand ($1,730,000) shall be payable no later than December 1, 2023. The balance, which will not exceed one million seven hundred seventy thousand ($1,770,000), shall be payable no later than April 1, 2024. V. RESPONSIBILITIES OF VISIT SOUTH BEND MISHAWAKA a) Provide approval to the conceptual design and specifications as prepared by City consultants. 2 b) Contribute an amount up to a maximum contribution of $3,500,000.00 for the work contemplated on Hill Street, South Bend Avenue and Notre Dame Avenue. One million seven hundred thirty thousand ($1,730,000) shall be payable to the City no later than December 1, 2023. The balance, which shall not exceed, one million seven hundred seventy thousand ($1,770,000) shall be payable no later than April 1, 2024, provided funding is made available via the Hotel Motel Tax Board of Managers of St. Joseph County to VSB in FY24. VI. NOTICE All written notifications required hereunder must be sent via certified mail or overnight carrier to the addresses designated below: The University: VSB: The City: With a copy to: Office of General Counsel University of Notre Dame 204 Main Building Notre Dame, Indiana 46556 Attn: Executive Director 101 North Michigan Street Suite 300 South Bend, Indiana 46601 City Engineer 227 West Jefferson Boulevard 13t1i Floor South Bend, Indiana 46601 Corporation Counsel 227 West Jefferson Boulevard 12`h Floor South Bend, Indiana 46601 VII. MISCELLANEOUS 3 a) The Parties will coordinate public communication concerning the project 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. b) The Parties shall mutually agree upon the initial design concepts and scope of the Project prior to the City proceeding with final engineering design and bid documents. The Parties shall also agree on the naming of the trail before substantial completion of construction. c) In the event that the public bid for the Project comes in under the estimated budget of $11,500,000 the three Parties will share equally in the reduced amount. By way of example, if the total bid price equals $11,200,000.00, the City shall be obligated to contribute $4,400,000.00, whereas Notre Dame and VSB shall be obligated to contribute $3,400,000 respectively. Should the project not commence by June 15, 2024, any funds remitted by the Parties shall be returned within 30 business days. 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. fl In the event of any litigation, mediation, or arbitration among the Parties regarding an alleged breach of this Agreement, no party 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 4 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 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. 1) 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. ****SIGNATURE PAGE FOLLOWS**** 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. CITY OF SOUTH BEND, INDIANA BOARD OF PUBLIC WORKS Elizabeth A. Maradik, President Gary A. Gilot, Member 4 Murray L. Miller, Member ' IL Joseph R. Molnar, Vice President N� Alexandra Dolz-Lane, Member Attest: Theresa M. Heffner, Clerk Date: August 22, 2023 Visit South Bend Mishawaka, Inc. By: — Printed: S. CL V*V%'tc,C Title: &tt,u.bVc Dy�cr_c4p- Date: S 115 / Z 3 6 University of Notre Dame, du Lac, an Indiana non-profit corporation By: _ ���. - )" /, Printed: Title: E Xe c'k. Q t -4, c.e el a'�V� Date: '�' I —a O4.3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REOUEST FORM Date 8/16/2023 Name Jitin Kain Department PW BPW Date 8/22/23 Phone Extension 5835 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 Ap2ropriate Item Type — Re tired fvr All Submissions ❑ Professional Services Agreement ❑ Open Market Contract ❑ Bid Opening ❑ Quote Opening ❑ Proposal Opening ❑ Chg. Order, No. ® Other: MOU ❑ Contract ❑ Proposal ❑ Amendment/Addendum ❑ Special Purchase, QPA ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Award ❑ Reject Bids/Quotes ❑ C/O & PCA No. ❑ PCA ❑ Traffic Control ❑ Resolution ❑ Ease./Encroach Required Information Company or Vendor Name University of Notre Dame & Visit South Bend Mishawaka ❑ Yes❑ If Yes, Approved by Purchasing New Vendor ❑ No MBE/WBE Contractor ❑ MBE Completed E-Verify Form Attached 0 Nos Project Name Downtown to Notre Dame Trail Project Number Funding Source City,University of Notre Dame, Visit South Bend Mishawaka Account No. Amount $11.5 Million Terms of Contract Purpose/Description An MOU between the City, University of Notre Dame and Visit South Bend Mishawaka to share in the cost of constructing an urban trail that connects Downtown South Bend to the campus of Notre Dame. For Change Orders Only Amount of ❑ Increase $ ❑ Decrease $ ) Previous Amount $ Increase % Current Percent of Change: Decrease New Amount $ Increase % Total Percent of Change: Decrease ( %) Time Extension Amount: New Completion Date: