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Home My Public Portal About121-2018 - Infrastructure Develpoment- Milstone ConstructionINTERLOCAL AGREEMENT RE ALLOCATION OF PROJECT BILLINGS AMONG PROJECT PARTICIPANTS THIS AGREEMENT (hereinafter "Agreement") is entered into by and among the CITY OF RICHMOND, INDIANA, a second class city located in Wayne County, Indiana .(hereinafter "City"), the TOWN OF CENTERVILLE, INDIANA, a duly incorporated town located in Wayne County, Indiana (hereinafter "Town") and WAYNE COUNTY, INDIANA, a statutory unit of government created by and under the laws of the State of Indiana (hereinafter "County") to be effective upon compliance with all procedural requirements of IC 3 6-1-7, (the "Effective Date"), notwithstanding that the actual date of execution and approval by the respective executive and fiscal bodies of the above --named parties may differ from and be subsequent to the Effective Date, as follows: A. Recitals 1. City, Town and County are each political subdivisions as said term is used at Indiana Code (IC) 3 6-1-7-2(a) and as said term is defined at IC 3 6-1-2-13 . 2. City and County entered into a certain Infrastructure Improvement Agreement (the "Infrastructure Agreement") having an effective date of May 27, 2016, pursuant to which City and County agreed to cause to be constructed certain Road Improvements and as an inducement for Company to construct and operate a new Facility in the Midwest Industrial Park, Wayne County, Indiana. (Capitalized terms used in this Agreement and not separately defined herein shall be ascribed the meaning of such terms as is set forth in the Infrastructure Agreement.) 3. Sections of the Road Improvements are located within the respective jurisdictions and . geographical boundaries of the City, the Town and the County. 4. The 2016 Indiana General Assembly enacted House Enrolled Act 1001-2016, that among other provisions, provided for approximately $1 S 0 million in revenues to be available to approved projects pursuant to the provisions of what is referred to as the 17VDOT Community Crossing Matching Grant Program (hereinafter, the "CC Program"). 5. The provisions of the CC Program require that recipients of grant funds for approved projects provide local matching funds equal to fifty percent (50%) of the total grant amount. 6. Applications for grants under the CC Program must be accompanied by written assurances that such local matching funds are or will be made available by or on behalf of the applicant from appropriately eligible funding sources ("Eligible Funding Sources") designated in the rules, regulations and State Board of Accounts interpretive pronouncements applicable to the CC Program. os. ),A � City, County & Centerville Interiocal Agreement re Allocation of Progress Billings and Payments 21Page 7. The parties to this Agreement successfully submitted applications for CC Program grant funds and were awarded funds for the partial funding of construction of the Road Improvements (the "Project"). 8. The Project was let for bids and an award of the contract for the construction of the Roadway Improvements comprising the Project was made to Milestone Contractors, LP ("Milestone") for a base Project cost of two million four hundred sixty-four thousand five hundred seventy-five dollars ($2,464,575.00). 9. while portions of the Project are situate within the separate territorial boundaries of the City, the Town and the Count, the parties to this Agreement recognize that Milestone will perform its work in the construction of the Roadway Improvements comprising the Project in such manner that any particular progress billing by Milestone may include work performed in areas located in one, two or perhaps all three of the territorial jurisdictions of the parties to this Agreement. 10. In recognition of the impracticality of requiring Milestone to break down its progress billing and allocate a portion thereof among the particular jurisdictions wherein the work was actually performed, the parties to this Agreement agree on a percentage allocation of each progress billing by Milestone based upon the actual percentage of work comprising the Project that is located within that particular jurisdiction of the respective parties to this Agreement, as more specifically set forth below. B. Terms of Agreement 1. Basis of A eement. This Agreement is intended to constitute an Interlocal Agreement evidencing the joint exercise of powers available to each of the City, the Town and the County, as contemplated by the provisions of IC 3 6-1-7-2. 2. Duration. The Road Improvements will be substantially completed by December 31, 2018. 3. Purpose of Agreement. This Agreement is intended to document the agreed manner in which progress billings by Milestone submitted periodically as the Project is constructed will be allocated among the three parties to this Agreement in whose respective jurisdictions and territories a portion of the work is located. Its purpose is to better enable final auditing of the C'C Program grant funds and those additional funds contributed to the Project by the City and by the County. 4. Financing of A reement. The implementation of the procedures evidenced by this Agreement shall not involve the expenditure of any significant amount of funds or management time by any of the parties to this Agreement in processing Milestone's applications for progress payments. W City, County & Centerville Interlocal Agreement re Allocation of Progress Billings and Payments 31Pa e -- ---------------- .............. .....................-.....-.-...---................................................ ............. ---- ....... .... ................ I................ ----------__._..............,._...................... .......................... ................................... _..._....._._...._................----.................................................... ............................ 5. Staffing and &pplyin& Joint Undertaking. The joint exercise of powers and undertakings of the parties shall not require additional staffing on the part of any unit to this Agreement. Likewise, it is not expected that any additional supplies will be required in order to affect the joint exercise of the powers of the units to this Agreement. 6. Joint Program Administration. The administration of the activities contemplated by this Agreement shall be coordinated through a joint board comprised of the engineers for the City and the County and the executive of the Town. The County Engineer will be primarily responsible for the coordination of the design, bidding, contracting and coordination of construction activities related to the Road Improvements project. It is not anticipated that any real or personal property will be acquired by or on behalf of the City, Town or County in order to implement the joint exercise of powers contemplated by this Agreement. 7. Formula for Allocation of ,Progress Billings/Payments Pursuant to this Agreement. The parties to this Agreement agree that Milestone's progress billings will be allocated to the total Project costs among the City, Town and County in the following percentages: a) To the City — 41.13 5 5 % (which is based upon City's allocable portion of the base Project cost comprised of (i) $485,506.76 of the costs of the Round Barn Road portion of the Roadway Improvements lying within the boundaries of the City and (ii) $528,309.52 of the costs of the Gaar-Jackson Road portion of the Roadway Improvements lying within the boundaries of the City and (iii) $0.00 of the costs of the Centerville Road portion of the Roadway Improvements lying within the boundaries of the City making City's total allocable Project cost the sum of $1,013,816.26 of the total base Project costs of $2,464,575.00 or 41.13 5 5 % of the total base Project costs) b) To the County -- 3 5.3 524% (which is based upon County's allocable portion of the base Project cost comprised of (i) $ 0.00 of the costs of the Round Barn Road portion of the Roadway Improvements lying within the boundaries of the County and (ii) $871,285.02 of the costs of the Ga.ar-Jackson Road portion of the Roadway Improvements lying within the boundaries of the County and (iii) $0.00 of the costs of the Centerville Road portion of the Roadway Improvements lying within the boundaries of the County making County's total allocable Project cost the sum of $871,285.02 of the total base Project costs of $2,464,575.00 or 3 5.3 524% of the total base Project costs) c) To the Town -- 23.5121 % .(which is based upon Town's allocable portion of the base Project cost comprised of (i) $ 0.00 of the costs of the Round Barn Road portion of the Roadway Improvements lying within the boundaries of the County and (ii) $464,349.43 of the costs of the Gaar-Jackson Road portion of City, County & Centerville . Interlocal Agreement re Allocation of Progress Billings and Payments 41P<,ige the Roadway Improvements lying within the boundaries of the Town and (iii) $115,124.27 of the costs of the Centerville Road .portion of the Roadway Improvements lying within the boundaries of the Town making Town's total allocable Project cost the sum of $579,473.70 of the total base Project costs of $2,464,575.00 or 23.5121% of the total base Project costs)* *Note: City and County have each agreed to pay the Town the sum of $144,868.42 representing the fifty percent (50%) local contribution match required pursuant to the CC Program grant protocol as evidenced by a prior Interlocal Agreement re Application for Grant Funding and Provision of Required Local Matching Funds entered into by the parties to this Agreement. 8. Allocation of Costs/Credits Associated with Change orders. The parties agree that the costs or credits resulting from changes in the scope of the work for the Project and reflected in approved change orders will be allocated as follows: a) Single Unit Impacted -- when the scope of the work represented in a change order benefits only one of the Units that is signatory to this Agreement then the costs or credits associated with the change order will be applied to that Unit's contract amount. b) Two Units Impacted — when the scope of the work- represented in a change order benefits only two of the Units that are signatories to this Agreement then the costs or credits associated with the change order will be allocated to those Unit's contract amounts in proportion to the relative benefit bestowed on each by the changed scope of work. c) All Units Impacted - when the scope of the work represented in a change order benefits all of the Units that are signatories to this Agreement then the costs or credits associated with the change order will be applied to each Unit's contract amount according to the percentages set out in Paragraph B.7, above. (End of Interlocal Agreement Text —Signature Templates Follow) TOWN OF CENTERVILLE, INDIANA B4Dated.- � - 2018 y Jack -B o diker, President . Centerville. Town Council Attest: Susbilhnan-' Clerk --Treasurer Town of Centerville;.Indiana = - STATE OF INDIANI-� . COUNTY OF WAYNE Before me; a -Notary Public, in and for said County and State, personally appeared Jack. Bodiker, President of the: Town Council of ;the Town of Centerville, Indiana, and: Susan Dillman,Ierk-- Treasurer_ for- the Town of Centerville, who acknowledged that .-the foregoing. Interlocal Agreement -was executed in such capacity as their respective voluntary acts and deeds for and on •behalf of 'said Council and Town and that the. foregoing representations are true and correct.- = ViT�tness my hand and notary seal this264,day of �.. 2018. Notary .Public Residing in :.: County, Indiana M Commission Expires: as 20 2-3 y � - (End of Page 5) 5Page City, County & Centerville Interiocai Agreement re Allocation of Progress Billings and Payments 61Page CITY of RICHMOND, INDIANA By: J e Lope?orm�mon President Ric n Council Approved: avid M. ayor (End of Page 6) Dated: 2018 Dated: Ave, 5 T a�l' 9 2018 City, County & Centerville Interlocal Agreement re Allocation of Progress Billings and Payments 71 P a g e EMILY J PALMER rotary Public -Seal STATE OF INDIANA state of Indiana SS: My Commission Expires Aug 29, 2021 } COUNTY OF WAYNE ) Before me, a Notary Public, in and for said County and State, personally appeared Jamie Lopeman, President of the Common Council of the City of Richmond, Indiana, who acknowledged that the foregoing Interlocal Agreement was executed in such capacity as his voluntary act and deed for and on behalf of said Council and that the foregoing representations are true and correct. Witness my hand and notary seal this (0 day of f�Cl,(,�► (,(�.�� 2018. ,Notary Public Residing in County, Indiana My Commission Expires: � �5 , 20 �1 STATE OF INDIANA ) -_- - )SS: COUNTY OF WAYNE ) BEFORE ME, a Notary Public, in and for said County and State, personally appeared David M. Snow, Mayor of the City of Richmond, Indiana, who acknowledged that the foregoing Interlocal Agreement was executed in such capacity as his voluntary act and deed for and on behalf of said City and that the foregoing representations are true and correct. Witness my hand and notary seal this day of S� 2018. Notary Public Residing in LA) NNkV, County, Indiana My Commission Expires: 20 City, County & Centerville Interlocal Agreement re Allocation of Progress Billings and Payments WAYNE CO By its Boar LMD TY, INDIANA . Paust, President And by its County Council By: C' f asterer, President Attest: kimberly ton, Wayne Coxy Auditor STATE O F INDIANA ) SS COUNTY OF WAYNE ) BEFORE ME a notary public in and for said county and state personally appeared the within named Kenneth E. Paust, Jeff Plasterer and Kimberly Walton, respectively the president of the Wayne County Board of County Commissioners, the president of the Wayne County Council and the Auditor of Wayne County, Indiana, each of whom acknowledged their execution of the foregoing Interlocal Agreement as his/her voluntary act and deed and affirm that the foregoing representations are true and correct. Witness my hand and notary seal this. day of v I 2018. S Print Notary Public residing in County, IN MOy �om i ion Expi 200�� a , I affirm under penalties for perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Ronald L. Cross. City, County & Centerville Interlocal Agreement re Allocation of Progress Billings and Payments 91Page This Instrument Prepared By: Ronald L. Cross, Attorney #3450-49 Boston Bever Klznge Cross & Chidester 27 North 81' Street Richmond, IN 47374 Phone: 765.962.7527 Facsimile: 765.966.4597 Email: rcross@bbkcc.com