Loading...
HomeMy WebLinkAboutMemorandum of Understanding - Indiana Michigan Power Company1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS July 12, 2016 Indiana Michigan Power Company c/o David A. Garcia Supervisor, Distribution Systems -Network South Bend Service Center 2929 Lathrop Street South Bend, IN 46628 PHONE 574/235-9251 FAx 574/235-9171 RE: Memorandum of Understanding - Facilitate Quick Response Time and Communication between City and I&M so as not to delay Work on South Bend One - Way to Two -Way Street Conversion Dear Mr. Garcia: The Board of Public Works, at its meeting held on July 12, 2016, approved the above referenced memorandum of understanding. Enclosed a copy of the document for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c. Jarrod M. Wilson Michael Schmidt GARY A. GILOT DAVID P. RELOS ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU MEMORANDUM OF UNDERSTANDING Indiana Michigan Power Company and the City of South Bend 1) PURPOSE This Memorandum of Understanding ("MOU") sets forth the general understandings between Indiana Michigan Power Company ("I&M") and the City of South Bend, Indiana, acting through its Board of Public Works ("City") to pursue their mutual interest in establishing a plan which is intended to prevent any delays or otherwise impede the progress of the City in its efforts to complete its two-way smart streets conversion throughout the greater downtown corridor of South Bend, Indiana and I&M in its efforts to improve the underground electric distribution network within the City (the "Project"). The parties hereto understand that the terms of agreement set forth herein shall only apply to I&M's underground network upgrades. 2) THE PROJECT Smart Streets Background "Smart Streets" is an effort to improve the role of streets within South Bend, Indiana. Projects within this initiative utilize the "Complete Streets" philosophy advocating for the design of streets to enable safe access for all users. The conversion of South Bend's one way streets into two way is a key project within this initiative and is set to begin construction in the spring of 2016. The 2 way traffic project includes street restriping, paving, streetscape and signal work on Main and St. Joseph/Michigan Streets from Bartlett Street to the North to Chippewa Ave. in the South. AEP Legal 1140015.2 04111 /2016 13:58:27 As part of the Project I&M will be relocating and improving its underground electric distribution network within the City. I&M will use its best efforts to plan for the construction, operation and maintenance of its electric utility facilities in a manner which avoids the unnecessary digging up of streets within the Project area following completion of the Project. Requirements of I&M • Provide a direct contact for both above ground and below ground work conducted by I&M who is responsible to responding to both the City and the Rieth-Riley Construction Company ("Rieth-Riley") who is performing the City's Smart Streets construction project. The respective points of contact shall respond to Rieth-Riley and the City within twenty-four (24) hours on specific matters of concern that may arise during the Project. • Provide the City and Rieth-Riley a detailed Gantt Chart for all work expected to be completed by I&M during the Smart Streets project. Such Gantt Chart shall be updated weekly throughout the project and approved for work up to 14 days by both the City and Rieth-Riley prior to I&M commencing activity. • I&M understands that it has the responsibility to work within the schedule established by the City and Rieth-Riley. Accordingly, should Rieth-Riley request I&M to move from a worksite, I&M shall have no more than forty-eight (48) hours to demobilize from the worksite and leave such worksite in a manner which is reasonably acceptable to Rieth- Riley. Such demobilization and related repair work shall be at the sole expense of I&M. • A failure by I&M to adequately demobilize during the forty-eight (48) hour demobilization window may result in the City suspending issuance of the specific permit issued to I&M that applies to the affected area to proceed with its portion of the Project. • I&M will not be required to relocate the duct bank along the east side of Michigan Street between Marion Street and Madison Street, provided that I&M agrees to pay the City up to $50,000.00 for the costs relating to the City's alternative curb alignment and drainage system which the City will need to construct to accommodate I&M's duct bank, as depicted on the drawings attached hereto as Exhibit A. The parties hereto agree and understand that this provision is only applicable to the City's Smart Streets initiative, and AEP Legal 1140015.2 2 04/11/2016 13:58:27 shall not be applicable to future projects undertaken by the City which are unrelated to the Smart Streets initiative. • Use commercially reasonable best efforts to provide the City with backup resources and/or crews to allow the City to remain on the agreed upon schedule with Rieth-Riley. • Provide adequate labor, including overtime labor if necessary. • Attend regular meetings to coordinate construction schedules/timelines with the City and Rieth-Riley. Requirements of the Citv • Provide a direct contact for both the City and Rieth-Riley who is responsible for communicating with I&M's point person during the Project within twenty-four (24) hours on specific matters of concern that may arise during the Project. • Allow I&M to construct temporary pavement patches within sections of the Project limits that will be finally paved by the City or the City's contractor(s) as part of the Project. The City will be responsible for final paving and surfacing in these areas and will not require I&M to meet the City's standard for the final finished surface of the affected streets, sidewalks, gutters, or other improvements. • Issue all permits which may be required in a timely manner. • Waive any permitting fees which otherwise may be required of I&M during the Project. 3) INSURANCE I&M shall provide appropriate broad form casualty and liability insurance with respect to any work conducted by I&M as a result of this Agreement. The City shall provide appropriate insurance coverage, to the extent allowed by law, for work it conducts as a result of this Agreement. INDEMNIFICATION I&M agrees to appropriately indemnify, defend, and hold harmless the City from any claims caused by or resulting from I&M's negligence, or intentional acts or omissions. The City shall provide reciprocal indemnification as appropriate, to the extent allowed by law. AEP Legal 1140015.2 3 04/11/2016 13:58:27 5) PERMITS AND COMPLIANCE The parties hereto agree to comply with all applicable federal, state, and local laws, regulations, and ordinances related to the work to be performed under this Agreement. 6) NOTICE All written notifications required hereunder must be sent via certified mail or overnight carrier to the addresses designated below: I&M: Indiana Michigan Power Company c/o David A. Garcia Supervisor, Distribution Systems —Network South Bend Service Center 2929 Lathrop Street South Bend, IN 46628 Copy to: Indiana Michigan Power Company c/o Jarrod M. Wilson Network Supervisor One Summit Square 110 E. Wayne Street Fort Wayne, IN 46802 The City: Department of Public Works c/o Director of Public Works 1316 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 With a copy to: Corporation Counsel 1200 County -City Building 227 West Jefferson Boulevard South Bend, Indiana 46601 7) TERM This MOU shall terminate upon the earlier of, i) completion of the Project, or ii) December 31, 2016. AEP Legal 1140015.2 04/11/2016 13:58:27 INDIANA MICHIGAN POWER COMPANY Date AEP Legal 1140015.2 04/11/2016 13:58:27 16,0 VP Reguy4tory & Ext. Affairs CITY OF SOUTH BEND, INDIANA Date Gary Gilot, President David P. Relos, Member Jaytfes A. Mueller, Member Therese J. Do au, Member Elizabeth A. Maradik, Member ATTEST: Lin a Martin. Clerk o the Board of Public Works