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Home My Public Portal About077-2023 - Interlocal - Allocation of Midwest Industrial Park Interceptor Projects Cost INTERLOCAL AGREEMENT RE ALLOCATION OF MIDWEST INDUSTRIAL PARK INTERCEPTOR PROJECTS COST 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"), 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 requiremerrts of IC 36-1-7, (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 and County are each political subdivisions as said term is used at Indiana Code (IC) 36-1-7-2(a) and as said term is defined at IC 36-1-2-13, 2, The Midwest Industrial Park ("MIP") is a city-owned industrial park with close proximity to Interstate 70, as well as Norfolk Southern Railroad supply chain alternatives for inbound and outbound transportation. 3. The Richmond Sanitary District provides sewer services to the Midwest Industrial Park, and as a result of certain recent acquisitions and expansions, increased sewer capacity is necessary. 4. The MIP expansion will allow for future acquisition by entities for the purpose of conducting business in Wayne County, Indiana, thereby benefiting the County, as well as the City of Richmond, Indiana. 5. The City has engaged Commonwealth Engineers, Inc. ("Commonwealth") for the purpose of providing final design, field work, permitting, bidding and construction engineering services (the "Design Services") for the two below-described projects associated with the sewer capacity increase referenced above. Those projects are identified as the Midwest Industrial Park Interceptor Project, and the Round Barn Interceptor Improvements Project (collectively, the "Projects"). 6. Commonwealth proposes a total cost for its Design Services related to the Midwest Industrial Park Interceptor Project in the sum of One Million Three Hundred Fifty-One Thousand Eight Hundred Sixteen Dollars and 00/100 ($1,351,816.00). 7. Commonwealth proposes a total cost for its Design Services related to the Round Barn Road Interceptor Improvements Project in the sum of Nine Hundred Thousand Five Hundred Eight Dollars and 00/100 (S900,508.00). Contract No. 77-2023 4 Interlocal Agreement re Allocation of MIP Interceptor.Projects' Design Costs 2 P 8. Commonwealth has tendered to the City two proposals relative to the Design Servims that it proposes to provide City related to the Projects, which proposals are attached hereto as Exhibits "A" and "B", and each is incorporated by reference herein. 9. The Midwest Industrial Park Interceptor Project involves the installation of approximately 13,600 linear feet of gravity sewer from the existing MIP Lift Station to the existing Round Barn Road Interceptor. The Project will provide critical sanitary infrastructure to support significant growth in the M.IP. 10. The Round Barn Road Interceptor Improvements Project involves the installation of approximately 3,200 linear feet of 48-inch gravity sewer to increase the capacity of the downstream portion of the Round Barn Interceptor in order to remain compliant with the Richmond Sanitary District's Combined Sewer Overflow ("CSO") Long Term. Control Plan ("LTCP"). Commonwealth has determined that a significant portion of the sewer construction will be deep, which will require specialized geotechnical design. It is anticipated that that approximately one-half(1/2) of the sewer construction will be trenchless tunneling and one-half(1/2) will be open cut. I 1. Commonwealth's anticipated fees are divided amongst various scopes of work comprising its .Design. Services that include final design, field work and casement descriptions, permits, bidding and negotiating, construction engineering, and other authorized allowances. 12. The City intends to fund the above-described expenditures from various permissible and lawfully available funds totaling One Million Sixteen Thousand Two 1.-lunched Ninety-Eight Dollars and 00/100 (S1,01.6,298.00). 13. The County has agreed to fund the sum of One Million Dollars and 00/100 ($1,000,000.00) in the manner specifically described below. B. Terms of Agreement 1. Basis of Agreement. This Agreement is intended to constitute an Interlocal Agreement evidencing the joint exercise of powers available to the City and the County, as contemplated by the provisions of IC 36-1-7-2. 2. Duration. This Agreement shall be in force from the Effective Date and shall expire upon completion of the Design Services or upon the lapse of the period of time required. in order to assure City's compliance with the commitments that it makes in this Agreement. 3. Purpose of Agreement. This Agreement is intended to document the commitments made jointly and severally by City and by County, through their respective executive bodies and approved by their respective fiscal bodies. Interlocal Agreement re Allocation. of MIP Interceptor Projects'Design Costs 3 r g 4. Financing cif Agreement. a. County's Contribution shall be procured by County's Board of Commissioners ("Board") previously approved application to the Economic Development Corporation of Wayne County ("EDC") allowing for a grant in the sum of One Million Dollars and 00/100 ($1,000,000.00) from the County-administered Consolidated EDIT Account established by the contribution to County of part of their certified shares of economic development income tax received by participating governmental units in the County pursuant to IC § 6-3.6-6-9.5(a)(2). Use of those Consolidated EDIT monies for the purposes herein described was approved by the Board; said funds were duly appropriated by the Wayne County Council; and use of the Consolidated EDIT monies was approved by the EDC on November 7, 2022. b.. City's Contribution shall he procured from legally available and unencumbered revenues as approved and/or appropriated by the City's Common Council as recommended by the City's executive. c. Staffing and Supplying Joint Undertaking. The joint exercise of powers and undertakings of the parties described in, and contemplated by, this Agreement 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. d. Administration. The administration of the activities contemplated by this Agreement shall be coordinated by the City in consultation, as is necessary, with County's Board. City will he responsible for the coordination of the scope of services and related activities contemplated within the exhibits attached hereto, and as referenced above. The County Auditor shall be responsible for disbursing the County's herein described contribution to the City. The City's lawful disbursing officer shall be responsible for disbursing all payments to Commonwealth contemplated by this Agreement and by the contractual relationship between Commonwealth and the City. It is not anticipated that any real or personal property will be acquired by or on behalf of the City or County in order to implement the joint exercise of powers contemplated by this Agreement. To the extent that performance by Commonwealth of the Design Services related to the Projects results in the creation of documents, plans, designs or specifications or other such deliverables, then as between County and City, any ownership rights or licenses to such deliverables will be with the City, subject to the terms of its contractual relationship with Commonwealth. (End of Textual Content Signature Templates .Follow) Interlocal Agreement re Allocation of MIP Interceptor Projects'Design Costs 4 d Approved: David now, 4yor of t City of Richmond Also Approved By: CITY OF RICHMOND, INDIANA BY ITS COMMON COUNCIL BY: Je' C ppa, resident STATE OF INDIANA ) SS: COUNTY OF WAYNE Before me, a Notary Public, in and for said County and State, personally appeared Jeff Cappa, 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 a29,4day of 2023. , Notary Public Residing in Id) ounty, Indiana My Commission Expires: / 20 0114N,,, 1140N ( /o o ,“trio of Hdrana :SEAU""o "000 o,"Po'row) • • , r o ortrb for N lo 32 "r /0 p0A. for, rirfr! Expt root'r\ "ueon/ 2028 • Interlocal.Agreement re Allocation. of MI?Interceptor Projects'Design Costs 5 I V' a 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 Interloctl 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 ` 7.._..clay of !�'. 2023. Julie Hunter "'•• .4- Nutary Public Seal State::: Way _... e un Number County , Notary Public Commias�iun Numbsr MP07�7N5 My tun,mftuon Expires 3/12/2031 Residing in/--4.477' -County, Indiana My Commission .Expires ` '',2 20-5/ APPROVED BY WAYNE COUNTY GOVERNMENT WAYNE COUNTY, INDIANA By its Board of County Commissioners T asterer, President And by its County Council--/' )_kHrL',( ( )1X ,-,4„W Beth Leisure, President Attest: „,) , Mark A. Hoelscher, Wayne County Auditor Interlocal Agreement re Allocation of MIP Interceptor Projects' Design Costs 6 I 1' STATE 0 INDIANA ) SS COUNTY OF WAYNE BEFORE ME a notary public in and for said county and state personally appeared the within named Jeff Plasterer, Beth Leisure and Mark A. Hoelscher, 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 their voluntary act and deed and affirm that the foregoing representations are true and correct. >s. w411C4 notary seal this day Of 2023. SEAL Notary Public, State oil Indiana °C„,; Union County * * Commission Numbs! 6E35466 My Commission Expires Printed: June 26, 2024 Notary Public residing in Ltkii c) 1 County, IN My Commission Expires: 20 I affirm under penalties fin-perjury that I have taken reasonable care to redact each Social Security number in this document, unless required by law. Andrew.1. Sickmunn This Instrument Prepared By: Andrew J. Sickmann, #30127-64 BOSTON BEVER FORREST CROSS&SICKMANN 27 North 8"' Street Richmond, IN 47374 Phone: 765.962.7527 Facsimile: 765.966.4597 Email: ajsickmanna),bbfeslaw.com