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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. 2 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 3