HomeMy WebLinkAboutAGREEMENT WITH TARC AGREEMENT
between the
The Transit Authority of River City
and
The City of Jeffersonville, Indiana
pertaining to:
The participation by the City of Jeffersonville, Indiana in a project to improve the bus stop(s) and
pedestrian access along Spring Street and Eastern Boulevard
THIS AGREEMENT is by and between the Transit Authority of River City ("TARC") and the City
of Jeffersonville, Indiana.
WITNESSETH:
WHEREAS, TARC and the City of Jeffersonville wish to agree to partner on the design, surveying,
and construction inspection in order to improve transit stops in the right of way or within public
easements along Spring Street and Eastern Boulevard and within the City of Jeffersonville, Indiana.
WHEREAS, the Transit Authority of River City has agreed to be the lead agency in the design,
surveying, and construction inspection of; and to provide plans and contract documents for, bidding
and contract award by the City of Jeffersonville.
WHEREAS, 100% of the design, surveying and construction inspection will be paid for the City of
Jeffersonville based on the project design estimate. The total estimated design, surveying and
inspection cost is approximately $50,000, but the parties acknowledge that as an estimate the actual
costs may vary materially.
NOW,THEREFORE, for consideration, TARC and the City of Jeffersonville agree as follows:
1. SERVICES.
a. TARC agrees to provide plans and specifications for bus stop and sidewalk improvements
along Spring Street and Eastern Boulevard and within the public right of way or within a public
facilities easement;
b. TARC also agrees to provide pro forma contract documents for the City of Jeffersonville to use
in connection with the solicitation of bids and for contracting with the awarded contractor. The
City of Jeffersonville agrees however that it is solely responsible for its own review of and the
final form of any contract documents it utilizes in connection with the contracted bus stop and
sidewalk improvement services;
c. The City of Jeffersonville agrees to reimburse TARC for 100% of TARC's expenses incurred
in connection with TARC's services provided under this Agreement, for which expenses
TARC shall invoice the City of Jeffersonville upon completion of the improvement project;
d. The City of Jeffersonville will bid and award a contract for the bus stop and sidewalks
improvements on Spring Street and Eastern Boulevard per the plans and specifications and
shall be solely responsible for all aspects of administration of the awarded contract.
2. Period of Performance: This Agreement shall begin upon execution, and shall continue until the
improvements are installed and subject to approval as to final completion by the City of Jeffersonville.
Upon final completion, the City of Jeffersonville shall remit to TARC the expense reimbursements due
hereunder. This Agreement shall not be modified except by the written agreement of all parties.
3. Causes and Termination: TARC or the City of Jeffersonville may terminate this agreement
without cause after thirty days written notice or for cause immediately at any time. In the event of
termination, payment for services complete up to and including the date of termination shall be based
upon work completed at that time, and subject to the limitations set forth in this agreement.
4. Conflict of Interest: The parties certify, by the signatures of duly authorized representatives on this
Agreement, that they are legally entitled to enter into this Agreement and that they shall not be
violating, either directly or indirectly, any conflict of interest statute of the State of Indiana by the
performance of this Agreement.
5. Entire Agreement: This Agreement is the entire agreement and understanding of the parties with
respect to the subject matter set forth herein and this Agreement supersedes any and all prior and
contemporaneous oral or written agreements or understandings between the parties relative thereto.
No representation, promise, inducement, or statement of intention has been made by the parties that is
not embodied in this Agreement.
6. Successors: This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, successors and assigns.
7. Severability: If any court of competent jurisdiction holds any provision of this Agreement
unenforceable, such provision shall be modified to the extent required to make it enforceable,
consistent with the spirit and intent of this Agreement. If such a provision cannot be so modified, the
provision shall be deemed separable from the remaining provisions of this Agreement and shall not
affect any other provision hereunder.
8. Counterparts: This Agreement may be executed in counterparts, in which case each executed
counterpart shall be deemed an original and all executed counterparts shall constitute one and the same
instrument.
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APPROVED:
CITY of JEFFER,O l' ' ILLE
/c/ov�/9
Mike Moore, May. Date
City of Jeffersonvil e
TRANSIT AUTHORITY of RIVER CITY,
Ferdinand L. Risco Jr., MBA Date
Executive Director/CEO
APPROVED A. 0 F 0 RM AND LEGALITY:
r
,•I 4''•' ` October 8, 2019
L. Martin III Date
Boehl Stopher&Graves, LLP
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