HomeMy WebLinkAboutInterlocal Cooperative Agreement - Replacement Agreement Pavement Improvements & Water Main Cleveland US31 – INDOT
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
July 13, 2021
Indiana Department of Transportation
Attention: Mr. Michael Grylewicz, Project Manager
315 E. Boyd Blvd.
LaPorte, IN 46350
MGrylewicz@indot.IN.gov
ATTN: Chief Legal Counsel/Deputy Commissioner
Indiana Department of Transportation
100 N. Senate Ave, N758-Legal Services
Indianapolis, IN 46204
RE: Interlocal Cooperative Agreement
To Whom It May Concern:
At its July 13, 2021 meeting, the City of South Bend Board of Public Works approved
the above referenced agreement for the replacement of the original agreement for the pavement
replacement & water main relocation for the project on Cleveland Road near US 31, Project No.
119-045.
Kindly sign and return the fully executed copy of this agreement electronically to
lhensley@southbendin.gov for our internal records.
Sincerely,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosure
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Anne Fuchs, Clerk
Board of Public Works
FROM: Zach Hurst, Project Engineer
SUBJECT: Second Interlocal Cooperative Agreement - Project No. 119-045
Cleveland Road / Brick Road Pavement Improvements
DATE: June 22, 2021
This second Interlocal Cooperative Agreement (ICA) between the City and INDOT-LaPorte
District is meant to replace the original ICA approved by Board of Public Works (BPW) on June
25, 2019.
The original ICA outlines the City’s commitment to pay for concrete paving of Brick Road, near
the Ameritech Drive intersection, through INDOT’s larger overall project to repave the main
travel lanes of the US-31 By-Pass.
An amendment to the original ICA was approved by BPW on April 14, 2020. This amendment
revised the financial commitment of the City from $1,677,300 (based on the final Engineer’s
Estimate) down to $1,248,475.08 (based on actual bid prices).
Due to a delay in INDOT’s main project the original agreement expired at the end of 2020,
prompting this new agreement.
This new ICA is required to account for a minor change order encountered during construction.
The City incurred $7,169.76 in unforeseen pipe replacement costs, bringing the final cost
commitment to $1,255,644.84. The City has paid INDOT for the change order work. Approval of
this ICA will essentially close out the City’s construction project and commitment to INDOT.
Please call with any questions (3057).
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INTERLOCAL COOPERATIVE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
CITY OF SOUTH BEND
Concerning
PAVEMENT REPLACEMENT & WATER MAIN RELOCATION PROJECT ON
CLEVELAND ROAD NEAR US 31
This Interlocal Agreement (“Agreement”) is made by and between the Indiana Department of
Transportation (hereinafter referred to as “INDOT”), and the CITY of South Bend, through its
Board of Public Works, (hereinafter referred to as the “CITY”), collectively referred to as the
“PARTIES”, is executed pursuant to the terms and conditions set forth herein and shall be effective
as of the date of approval by the Office of the Indiana Attorney General. In consideration of those
mutual undertakings and covenants, the PARTIES agree as follows:
RECITALS
WHEREAS, INDOT planned a project, under contract R-41975, Des. 1383328, to
improve US 31 by replacing the pavement along US 31 from the Toll Road to the Michigan State
border in the CITY (the “Project”); and
WHEREAS, the City planned a pavement replacement project, under Des. 1902086, on
Cleveland/Brick Rd. from Ameritech Drive to the pavement joint to the west of the US 31
southbound ramps (“Associated Work”); and
WHEREAS, INDOT agreed with the CITY to combine the Associated Work into its
Project, and on August 27, 2019, the Office of the Attorney General approved an Interlocal
Cooperative Agreement Between the Indiana Department of Transportation and South Bend for
Pavement Replacement on Cleveland Road Near US 20 (“Original Agreement”) under EDS No.
A249-20-ON190127, attached and incorporated herein as Exhibit A; and
WHEREAS, pursuant to the terms of the Original Agreement, INDOT was to perform all
construction activities for the Project and Associated Work, and, in addition, the CITY was to pay
INDOT the costs for the Associated Work which was originally estimated to be $1,677,300.00;
and
WHEREAS, based on the actual contract awarded to INDOT’s contractor being lower
than the original estimate, the CITY’s apportionment of costs was later determined to only be
$1,248,475.08; as of the date of this Agreement, the CITY has paid INDOT $1,248,475.08 for the
Associated Work; and
WHEREAS, unexpected conditions were uncovered during construction leading to change
orders, including the need to add the relocation of a water main to the Associated Work; and
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WHEREAS, the Original Agreement has expired and terminated pursuant to its express
terms, except to the extent certain perpetual obligations remain in effect, yet an amendment to the
Original Agreement was not timely executed prior to the expiration of the Original Agreement to
account for changes made to the Associated Work; and
WHEREAS, it is in the mutual interest of the Parties to have a contract outlining the
express terms of their agreements; and
NOW THEREFORE, in consideration of the premises and the mutually dependent
covenants herein contained, the PARTIES hereto agree as follows:
ARTICLE I. PURPOSE AND TERM
1.1. Recitals. The Recitals recorded above are incorporated by reference into this Agreement.
All captions, section headings, paragraph titles and similar items are provided for the purpose of
reference and convenience and are not intended to be inclusive, definitive or to affect the
Interpretation of this Agreement.
1.2. Purpose. The purpose of this Agreement is to define the respective roles and
responsibilities of the PARTIES for the construction, installation, funding and maintenance of the
Associated Work and their improvements and facilities made or installed as part of the Project.
This Agreement amends and replaces any unexpired terms of the Original Agreement in EDS No.
A249-20-ON190127.
1.3. No Transfer of Real Property Interest. To comply with Indiana law regarding the sale
of real estate, the PARTIES agree that no title to any real estate held in the name of either Party is
to be transferred by way of this Agreement including, without limitation, any real property
underneath existing pavement and the accompanying right of way, as described in the land records
of St. Joseph County, Indiana.
1.3. Term. This Agreement shall be effective beginning on the date approved as to form and
legality by the Office of the Indiana Attorney General (the "Effective Date"), and except for future
maintenance responsibilities under Section 3.3 of this agreement and any accompanying financial
responsibilities, this Agreement shall expire five (5) years after the Effective Date, or upon
completion of final audit of the Project by INDOT, whichever occurs first. This Agreement may
be renewed or extended under the same terms and conditions subject to the approval of all signing
PARTIES, as provided under Section 4.39 herein. Maintenance responsibilities under Section 3.3,
and all financial responsibilities related to these maintenance responsibilities including but not
limited to the terms of Section 4.22, shall survive the expiration of the Agreement and shall
continue in perpetuity.
1.4. Definition of Project. The Project consists of the pavement replacement project being
undertaken by INDOT along US 31 from the Toll Road to the Michigan State border in the CITY.
1.5. Definition of Associated Work. The Associated Work will consist of a pavement
replacement project from Ameritech Drive to the pavement joint to the west of the US 31
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southbound ramps, the relocation of a water main, and any additional work added through a
properly approved change order; the Associated Work is more fully described in Exhibit B,
attached hereto and incorporated herein by reference.
ARTICLE II. INDOT’S RESPONSIBLITIES
2.1. Financial Responsibilities. INDOT shall be responsible for the costs of the Project under
Contract R-41975, excluding those costs described below to be paid by the CITY. INDOT will be
responsible for the costs for preliminary engineering, design, right of way acquisition, utility
relocation, construction, and inspection for the Project in the total current estimated amount of
$16,588,379.26. This total includes the amounts to be expended and reimbursed by the CITY for
the Associated Work.
2.2. Project Responsibilities.
2.2.1. INDOT will complete all work necessary to prepare the Project for letting,
including all preliminary engineering, design, utility relocation, permitting, and
environmental work. INDOT will let and award the Project for construction through
its usual processes.
2.2.2. INDOT will manage, administer, and inspect the Project in accordance with
applicable laws and INDOT policies, procedures, and specifications.
2.2.3. INDOT will not be responsible for repairs, maintenance, or replacements on
improvements installed as a part of the Associated Work.
ARTICLE III. CITY’S RESPONSIBLITIES
3.1. Financial Responsibilities.
3.1.1. The CITY shall be responsible for one hundred percent (100%) of the costs of the
Associated Work based on the contractor's itemized proposal or work agreement.
The CITY’s original cost for the Associated Work was determined to be
$1,248,475.08 as shown in the invoice attached and incorporated herein as Exhibit
B. To date $1,248,475.08 has been received by INDOT from the CITY for the
Associated Work and was paid under the Original Agreement.
3.1.2. An approved change order for additional work needed as a part of the Associated
Work is attached and incorporated herein as Exhibit C; this change order makes
the current total for the Associated Work $1,255.644.84. The CITY is to pay the
remaining balance, $7,169.76, within 30 days of the Office of the Indiana Attorney
General approving this Agreement.
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3.1.3. The final cost for the Associated Work shall be based on the final amount paid for
the Associated Work, including any amounts paid for approved change orders
relating to the Associated Work; to the extent the actual cost of the Associated
Work exceeds the amount paid by the CITY to INDOT, the CITY shall pay the
remaining balance within thirty (30) days of the CITY receiving notice of the
additional amount owed.
3.1.4. INDOT shall provide the City a request for a change order before a change order
related to the Associated Work is approved. The City shall provide INDOT a
response to a request for a change order related to the Associated Work within three
(3) business days.
3.2. Project Responsibilities.
3.2.1. The CITY shall cooperate with INDOT as needed to ensure successful completion
of the project.
3.2.2. The CITY shall be responsible for preparing plans and specifications for the
Associated Work in accordance with all applicable federal, state, and local
standards, requirements and best practices.
3.2.3. INDOT and the CITY shall conduct a final walk through of the Associated Work
at the end of construction prior to the City accepting the Associated Work.
3.2.4. The CITY agrees to accept the Associated Work as full, complete and adequate
satisfaction for any and all claims and damages due the City, and its assigns, caused
by or arising out of the design or construction of the Associated Work. The CITY
and its assigns covenant that in accepting the Associated Work and conditions, it
forever relinquishes all future claims and legal rights they may have in regard to
and arising out of the Associated Work and agrees to save and hold harmless the
State of Indiana from same.
3.3. Future Maintenance. The CITY shall be solely responsible for future maintenance and
maintenance costs of the Associated Work, its infrastructures, and improvements, as well as any
utility costs related to the maintenance including but not limited to water and electricity. If the
CITY fails to maintain the Associated Work, the CITY shall be solely responsible for future
maintenance and maintenance costs of the Associated Work, its infrastructures, and improvements,
as well as any utility costs related to the maintenance including but not limited to water and
electricity. If the CITY fails to maintain the Associated Work and INDOT must perform
maintenance on the Associated Work, any work completed will be done to INDOT' s specifications
and all costs will be the responsibility of the CITY. For any future INDOT projects at this location,
where construction will impact the Associated Work, if the CITY seeks for the Associated Work
to be maintained, the CITY shall be responsible for the costs related specifically to the Associated
Work pursuant to the same terms and conditions of this Agreement.
Page 5 of 20
3.4. Use of Right-of-Way. The CITY shall notify INDOT of its intent to enter onto state-owned
or controlled right-of-way (“Right-of-Way”) for the purposes of inspecting, maintaining,
operating, and repairing the Associated Work in compliance with state and federal law, and when
required by INDOT, shall obtain a permit from INDOT. The CITY shall not enter into the Right-
of-Way until the CITY has received written approval from INDOT, which shall not be
unreasonably withheld, to enter into the Right-of-Way. INDOT shall only be required to approve
the CITY's request to enter upon the Right-of-Way if the CITY's request is consistent with all
applicable federal and state laws and this Agreement.
3.5. Project Coordination. INDOT and the CITY agree to coordinate all plans and schedules
pertaining to the Project if the CITY’s Associated Work occurs simultaneously with INDOT’s
Project.
ARTICLE IV. GENERAL PROVISIONS
4.1. Access to Records. The CITY shall maintain all books, documents, papers, correspondence,
accounting records and other evidence pertaining to the cost incurred under this Agreement, and
shall make such materials available at their respective offices at all reasonable times during the
period of this Agreement and for ten (10) years from the date of final payment under the terms of
this Agreement, for inspection or audit by INDOT, or its authorized representative, and copies
thereof shall be furnished free of charge, if requested by INDOT. The CITY agrees that, upon request
by any party or state or federal agency, INDOT may release or make available to the agency any
working papers from an audit performed by INDOT of the CITY in connection with this Agreement,
including any books, documents, papers, accounting records and other documentation which support
or form the basis for the audit conclusions and judgments.
4.2. Assignment; Successors. The CITY binds its successors and assignees to all the terms and
conditions of this Agreement. Except as otherwise specifically provided herein, the CITY shall not
assign or subcontract the whole or any part of this Agreement without INDOT’s prior written
consent.
4.3. Assignment of Antitrust Claims. As part of the consideration for this Agreement, the
CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or
may acquire, under state or federal antitrust laws relating to the products or services which are the
subject of this Agreement.
4.4. Audits. The CITY acknowledges that it may be required to submit to an audit of funds
paid, if any, through this Agreement. Any such audit shall be conducted in accordance with IC §5-
11-1, et seq., and audit guidelines specified by the State.
4.5. Authority to Bind the Local. The signatory for the CITY represents that he/she has been
duly authorized to execute this Agreement on behalf of the CITY and has obtained all necessary
or applicable approvals to make this Agreement fully binding upon the CITY when his/her
signature is affixed and accepted by the State.
4.6. Changes in Work. The CITY shall not commence any additional work or change the scope
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of the work until authorized in writing by the State. This Agreement may only be amended,
supplemented or modified by a written document executed in the same manner as this Agreement.
4.7. Certification for Federal-Aid Contracts Lobbying Activities. The CITY certifies, by
signing and submitting this Agreement, to the best of its knowledge and belief that the CITY has
complied with Section 1352, Title 31, U.S. Code, and specifically, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
CITY, to any person for influencing or attempting to influence an officer or employee of
any federal agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any federal
agreements, the making of any federal grant, the making of any federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal, amendment,
or modification of any federal agreement, grant, loan, or cooperative agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with such federal agreement, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The CITY also agrees by signing this Agreement that it shall require that the language
of this certification be included in all contractor agreements including lower tier
subcontracts, which exceed $100,000, and that all such sub recipients shall certify and
disclose accordingly. Any person who fails to sign or file this required certification shall
be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each
failure.
4.8. Compliance with Laws.
A. The CITY shall comply with all applicable federal, state, and local laws, rules,
regulations, and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any applicable
state or federal statute or the promulgation of rules or regulations thereunder after
execution of this Agreement shall be reviewed by the State and the CITY to determine
whether the provisions of this Agreement require formal modification.
B. The CITY and its agents shall abide by all ethical requirements that apply to persons
who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC §4-
2-7, et seq. and the regulations promulgated thereunder. If the CITY has knowledge,
or would have acquired knowledge with reasonable inquiry, that a state officer,
employee, or special state appointee, as those terms are defined in IC 4-2-6-1, has
a financial interest in the Agreement, the CITY shall ensure compliance with the
disclosure requirements in IC 4-2-6-10.5 prior to the execution of this
Agreement. If the CITY is not familiar with these ethical requirements, the CITY
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should refer any questions to the Indiana State Ethics Commission or visit the Inspector
General’s website at http://www.in.gov/ig/. If the CITY or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this
Agreement immediately upon notice to the CITY. In addition, the CITY may be subject
to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
C. [OMITTED – NOT APPLICABLE.]
D. [OMITTED – NOT APPLICABLE.]
E. [OMITTED – NOT APPLICABLE.]
F. The CITY warrants that the CITY and its contractors shall obtain and maintain all
required permits, licenses, registrations, and approvals, and shall comply with all
health, safety, and environmental statutes, rules, or regulations in the performance of
work activities under this Agreement. Failure to do so may be deemed a material breach
of this Agreement and grounds for immediate termination and denial of further work
with the State.
G. [OMITTED – NOT APPLICABLE.]
H. As required by IC §5-22-3-7:
1. The CITY and any principals of the CITY certify that:
(A) the CITY, except for de minimis and nonsystematic violations, has not violated
the terms of:
(i) IC §24-4.7 [Telephone Solicitation of Consumers];
(ii) IC §24-5-12 [Telephone Solicitations]; or
(iii)IC §24-5-14 [Regulation of Automatic Dialing Machines]; in the previous
three hundred sixty-five (365) days, even if IC §24-4.7 is preempted by
federal law; and
(B) the CITY will not violate the terms of IC §24-4.7 for the duration of the
Agreement, even if IC §24-4.7 is preempted by federal law.
2. The CITY and any principals of the CITY certify that an affiliate or principal of the
CITY and any agent acting on behalf of the CITY or on behalf of an affiliate or
principal of the CITY, except for de minimis and nonsystematic violations,
(A) has not violated the terms of IC §24-4.7 in the previous three hundred sixty-five
(365) days, even if IC §24-4.7 is preempted by federal law; and
(B) will not violate the terms of IC §24-4.7 for the duration of the Agreement, even
if IC §24-4.7 is preempted by federal law.
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4.9. Condition of Payment. [OMITTED – NOT APPLICABLE.]
4.10. Confidentiality of State Information. [OMITTED – NOT APPLICABLE.]
4.11. Continuity of Services. [OMITTED – NOT APPLICABLE.]
4.12. Debarment and Suspension.
A. The CITY certifies by entering into this Agreement that neither it nor its principals nor
any of its contractors are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from entering into this Agreement by any
federal agency or by any department, agency or political subdivision of the State of
Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or
supervisory responsibilities, or a person who has a critical influence on or substantive
control over the operations of the CITY.
B. The CITY certifies that it has verified the state and federal suspension and debarment
status for all contractors receiving funds under this Agreement and shall be solely
responsible for any recoupment, penalties or costs that might arise from use of a
suspended or debarred contractor. The CITY shall immediately notify INDOT if any
contractor becomes debarred or suspended, and shall, at INDOT’s request, take all steps
required by INDOT to terminate its contractual relationship with the contractor for work
to be performed under this Agreement.
4.13. Default by State. [OMITTED – NOT APPLICABLE.]
4.14. Disputes. [OMITTED – NOT APPLICABLE.]
4.15. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated
April 12, 1990, issued by the Governor of Indiana, the CITY hereby covenants and agrees to make
a good faith effort to provide and maintain a drug-free workplace. The CITY will give written
notice to the State within ten (10) days after receiving actual notice that the CITY, or an employee
of the CITY, in the State of Indiana, has been convicted of a criminal drug violation occurring in
the workplace. False certification or violation of this certification may result in sanctions including,
but not limited to, suspension of contract payments, termination of this Agreement and/or
debarment of contracting opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement
is in excess of $25,000.00, the CITY certifies and agrees that it will provide a drug-free workplace
by:
A. Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the CITY’s workplace, and specifying the actions that will
be taken against employees for violations of such prohibition;
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B. Establishing a drug-free awareness program to inform its employees of (1) the dangers
of drug abuse in the workplace; (2) the CITY’s policy of maintaining a drug-free
workplace; (3) any available drug counseling, rehabilitation and employee assistance
programs; and (4) the penalties that may be imposed upon an employee for drug abuse
violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the CITY of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such conviction;
D. Notifying the State in writing within ten (10) days after receiving notice from an
employee under subdivision C. (2) above, or otherwise receiving actual notice of such
conviction;
E. Within thirty (30) days after receiving notice under subdivision C.(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee
who is convicted of drug abuse violations occurring in the workplace: (1) taking
appropriate personnel action against the employee, up to and including termination; or
(2) requiring such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for such purposes by a federal, state or local health,
law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs A. through E. above.
4.16. Employment Eligibility Verification. As required by IC §22-5-1.7, the CITY swears or
affirms under the penalties of perjury that the CITY does not knowingly employ an unauthorized
alien. The CITY further agrees that:
A. The CITY shall enroll in and verify the work eligibility status of all his/her/its newly
hired employees through the E-Verify program as defined in IC §22-5-1.7-3. The CITY
is not required to participate should the E-Verify program cease to exist. Additionally,
the CITY is not required to participate if the CITY is self-employed and does not
employ any employees.
B. The CITY shall not knowingly employ or contract with an unauthorized alien. The
CITY shall not retain an employee or contract with a person that the CITY subsequently
learns is an unauthorized alien.
C. The CITY shall require his/her/its subcontractors, who perform work under this
Agreement, to certify to the CITY that the subcontractor does not knowingly employ
or contract with an unauthorized alien and that the subcontractor has enrolled and is
participating in the E-Verify program. The CITY agrees to maintain this certification
throughout the duration of the term of a contract with a subcontractor.
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The State may terminate for default if the CITY fails to cure a breach of this provision no
later than thirty (30) days after being notified by the State.
4.17. Employment Option. [OMITTED – NOT APPLICABLE.]
4.18. Force Majeure. In the event that any party is unable to perform any of its obligations under
this Agreement or to enjoy any of its benefits because of natural disaster or decrees of
governmental bodies not the fault of the affected party (hereinafter referred to as a “Force Majeure
Event”), the party who has been so affected shall immediately or as soon as is reasonably possible
under the circumstances give notice to the other party and shall do everything possible to resume
performance. Upon receipt of such notice, all obligations under this Agreement shall be
immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt
of notice of the Force Majeure Event, the party whose ability to perform has not been so affected
may, by giving written notice, terminate this Agreement.
4.19. Funding Cancellation Clause. As required by Financial Management Circular 2007-1 and
IC 5-22-17-5, when the Director of the State Budget Agency makes a written determination that
funds are not appropriated or otherwise available to support continuation of the performance of
this Agreement, this Agreement shall be canceled. A determination by the Director of State Budget
Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
4.20. Governing Laws. This Agreement shall be governed, construed, and enforced in
accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit,
if any, must be brought in the State of Indiana.
4.21. HIPAA Compliance. [OMITTED – NOT APPLICABLE.]
4.22. Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage,
injuries, or other causalities of whatever kind, to the person or property of anyone arising out of,
or resulting from the performance of this Agreement or the work connected therewith, or from the
installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment
or material, to the extent such liability is caused by the negligence of the CITY, including any
claims arising out the Worker's Compensation Act or any other law, ordinance, order or decree.
INDOT shall not provide indemnification to the CITY. The CITY agrees to pay all reasonable
expenses and attorney's fees incurred by or imposed on the State and INDOT in connection
herewith in the event that the CITY shall default under the provisions of this Section.
4.23. Independent Entity; Workers’ Compensation Insurance. The CITY is performing as
an independent entity under this Agreement. No part of this Agreement shall be construed to
represent the creation of an employment, agency, partnership, or joint venture agreement between
the PARTIES. Neither party will assume liability for any injury (including death) to any persons,
or damage to any property, arising out of the acts or omissions of the agents, employees, or
subcontractors of the other party. The CITY shall provide all necessary unemployment and
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workers’ compensation insurance for the CITY’s employees and shall provide the State with a
Certificate of Insurance evidencing such coverage prior to starting work under this Agreement.
4.24. Indiana Veteran Owned Small Business Enterprise Compliance. [OMITTED – NOT
APPLICABLE]
4.25. Information Technology Enterprise Architecture Requirements. [OMITTED – NOT
APPLICABLE.]
4.26. Insurance.
A. The Contractor and its subcontractors (if any) shall secure and keep in force during the
term of this Agreement the following insurance coverages (if applicable) covering the
Contractor for any and all claims of any nature which may in any manner arise out of
or result from Contractor’s performance under this Agreement:
1. Commercial general liability, including contractual coverage, and products or
completed operations coverage (if applicable), with minimum liability limits not
less than $700,000 per person and $5,000,000 per occurrence unless additional
coverage is required by the State. The State is to be named as an additional insured
on a primary, non-contributory basis for any liability arising directly or indirectly
under or in connection with this Agreement.
2. Automobile liability for owned, non-owned and hired autos with minimum liability
limits not less than $700,000 per person and $5,000,000 per occurrence. The State
is to be named as an additional insured on a primary, non-contributory basis.
3. Errors and Omissions liability with minimum liability limits of $1,000,000 per
claim and in the aggregate. Coverage for the benefit of the State shall continue for
a period of two (2) years after the date of service provided under this Agreement.
4. Fiduciary liability if the Contractor is responsible for the management and oversight
of various employee benefit plans and programs such as pensions, profit-sharing
and savings, among others with limits no less than $700,000 per cause of action and
$5,000,000 in the aggregate.
5. Valuable Papers coverage, if applicable, with an Inland Marine Policy Insurance
with limits sufficient to pay for the re-creation and reconstruction of such records.
6. Surety or Fidelity Bond(s) if required by statute or by the agency.
7. Cyber Liability if requested by the State addressing risks associated with electronic
transmissions, the internet, networks, and informational assets, and having limits of
no less than $700,000 per occurrence and $5,000,000 in the aggregate.
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The Contractor shall provide proof of such insurance coverage by tendering to the
undersigned State representative a certificate of insurance prior to the commencement of
this Agreement and proof of workers’ compensation coverage meeting all statutory
requirements of IC § 22-3-2. In addition, proof of an “all states endorsement” covering
claims occurring outside the State is required if any of the services provided under this
Agreement involve work outside of Indiana.
B. The Contractor’s insurance coverage must meet the following additional requirements:
1. The insurer must have a certificate of authority or other appropriate authorization
to operate in the state in which the policy was issued.
2. Any deductible or self-insured retention amount or other similar obligation under
the insurance policies shall be the sole obligation of the Contractor.
3. The State will be defended, indemnified, and held harmless to the full extent of any
coverage actually secured by the Contractor in excess of the minimum requirements
set forth above. The duty to indemnify the State under this Agreement shall not be
limited by the insurance required in this Agreement.
4. The insurance required in this Agreement, through a policy or endorsement(s), shall
include a provision that the policy and endorsements may not be canceled or
modified without thirty (30) days’ prior written notice to the undersigned State
agency.
5. The Contractor waives and agrees to require their insurer to waive their rights of
subrogation against the State of Indiana.
C. Failure to provide insurance as required in this Agreement may be deemed a material
breach of contract entitling the State to immediately terminate this Agreement. The
Contractor shall furnish a certificate of insurance and all endorsements to the State
before the commencement of this Agreement.
4.27. Key Person(s). [OMITTED – NOT APPLICABLE.]
4.28. Licensing Standards. [OMITTED – NOT APPLICABLE.]
4.29. Merger & Modification. This Agreement constitutes the entire agreement between the
PARTIES. No understandings, agreements, or representations, oral or written, not specified within
this Agreement will be valid provisions of this Agreement. This Agreement may not be modified,
supplemented, or amended, except by written agreement signed by the necessary parties.
4.30. Minority and Women’s Business Enterprises Compliance. [OMITTED - NOT
APPLICABLE.]
4.31. Non-Discrimination.
Page 13 of 20
A. Pursuant to the Indiana Civil Rights Law, specifically including IC 22-9-1-10, and in
keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination in
Employment Act, and the Americans with Disabilities Act, the CITY covenants that it
shall not discriminate against any employee or applicant for employment relating to
this Agreement with respect to the hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of the
employee’s or applicant’s race, color, national origin, religion, sex, age, disability,
ancestry, status as a veteran, or any other characteristic protected by federal, state or
local law (“Protected Characteristics”). The CITY certifies compliance with applicable
federal laws, regulations and executive orders prohibiting discrimination based on the
Protected Characteristics in the provision of services. Breach of this paragraph may be
regarded as a material breach of this Agreement, but nothing in this paragraph shall be
construed to imply or establish an employment relationship between the State and any
applicant or employee of the CITY or any subcontractor.
B. INDOT is a recipient of federal funds, and therefore, where applicable, the CITY and
any subcontractors shall comply with requisite affirmative action requirements,
including reporting, pursuant to 41 CFR Chapter 60, as amended, and Section 202 of
Executive Order 11246 as amended by Executive Order 13672.
The CITY agrees that if the CITY employs fifty (50) or more employees and does at
least $50,000.00 worth of business with the State and is not exempt, the CITY will
comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The CITY
complies with Section 202 of executive order 11246, as amended, 41 CFR 60-250, and
41 CFR 60-741, as amended, which are incorporated herein by specific reference.
Breach of this covenant may be regarded as a material breach of Agreement.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations in all programs and activities.
Title VI and related statutes require that no person in the United States shall on the
grounds of race, color or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is
broader than the language of Title VI and encompasses other State and Federal
protections. INDOT’s nondiscrimination enforcement shall include the following
additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
status, religion, disability, income status, limited English proficiency, or status as a
veteran.)
C. During the performance of this Agreement, the CITY, for itself, its assignees, and
successors in interest (hereinafter referred to as the “the CITY”) agrees to the following
assurances under Title VI of the Civil Rights Act of 1964:
1. Compliance with Regulations: The CITY shall comply with the regulations relative
Page 14 of 20
to nondiscrimination in Federally assisted programs of the Department of
Transportation, Title 49 CFR Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
2. Nondiscrimination: The CITY, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, or status
as a veteran in the selection and retention of subcontractors, including procurements
of materials and leases of equipment. The CITY shall not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulation,
including employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the CITY for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the CITY of the CITY’s obligations under this Agreement, and the
Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, income
status, limited English proficiency, or status as a veteran.
4. Information and Reports: The CITY shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Indiana Department of Transportation and Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of the CITY
is in the exclusive possession of another who fails or refuses furnish this
information, the CITY shall so certify to the Indiana Department of Transportation
or the Federal Highway Administration as appropriate and shall set forth what
efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the CITY’s noncompliance with the
nondiscrimination provisions of this Agreement, the Indiana Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including, but not limited to: (a)
withholding payments to the CITY under the Agreement until the CITY complies,
and/or (b) cancellation, termination or suspension of the Agreement, in whole or in
part.
6. Incorporation of Provisions: The CITY shall include the provisions of paragraphs
1. through 5. in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
Page 15 of 20
4.32. Notice to PARTIES. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent to the following addresses, unless otherwise specifically
advised:
A. For INDOT:
Michael Grylewicz, Project Manager
315 E. Boyd Blvd.
LaPorte, IN 46350
MGrylewicz@indot.IN.gov
With Copy To:
ATTN: Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, N758—Legal Services
Indianapolis, IN 46204
B. For the CITY:
Kara Boyles, City Engineer
City of South Bend
County-City Building
227 West Jefferson Blvd.
South Bend, Indiana 46601
4.33. Order of Precedence; Incorporation by Reference. [OMITTED – NOT
APPLICABLE.]
4.34. Ownership of Documents and Materials. [OMITTED – NOT APPLICABLE.]
4.35. Payments. [OMITTED – NOT APPLICABLE.]
4.36. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-13-
1. Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State’s
failure to make prompt payment shall be based solely on the amount of funding originating from
the State and shall not be based on funding from federal or other sources.
4.37. Progress Reports. [OMITTED – NOT APPLICABLE.]
4.38. Public Record. The CITY acknowledges that the State will not treat this Agreement as
containing confidential information and will post this Agreement on its website as required by
Executive Order 05-07. Use by the public of the information contained in this Agreement shall not
be considered an act of the State.
Page 16 of 20
4.39. Renewal Option. This Agreement may be renewed under the same terms and conditions,
subject to the approval of the Commissioner of the Department of Administration and the State
Budget Director in compliance with IC §5-22-17-4. The term of the renewed Agreement may not
be longer than the term of the original Agreement.
4.40. Severability. The invalidity of any section, subsection, clause, or provision of this
Agreement shall not affect the validity of the remaining sections, subsections, clauses, or provisions
of this Agreement.
4.41. Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as
to the status of any claims made for damages against the CITY resulting from services performed
under this Agreement.
4.42. Substantial Performance. This Agreement shall be deemed to be substantially performed
only when fully performed according to its terms and conditions and any written amendments or
supplements.
4.43. Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the CITY or its contractors as a result of this
Agreement.
4.44. Termination for Convenience. This Agreement may be terminated, in whole or in part,
by INDOT whenever, for any reason, INDOT determines that such termination is in its best
interest. Termination shall be affected by delivery to the CITY of a Termination Notice at least
thirty (30) days prior to the termination effective date, specifying the extent to which performance
of services under such termination becomes effective.
4.45. Termination for Default. [OMITTED – NOT APPLICABLE.]
4.46. Travel. [OMITTED – NOT APPLICABLE.]
4.47. Waiver of Rights. No right conferred on either party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and
signed by the party claimed to have waived such right. Neither the State’s review, approval or
acceptance of, nor payment for, the work performed under this Agreement shall be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and the CITY shall be and remain liable to the State in accordance
with applicable law for all damages to the State caused by the CITY’s negligent performance of
any of the services furnished under this Agreement.
4.48. Work Standards. [OMITTED – NOT APPLICABLE.]
4.49. State Boilerplate Affirmation Clause. [OMITTED – NOT APPLICABLE.]
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK
Page 17 of 20
Page 18 of 20
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or
that the undersigned is the properly authorized representative, agent, member, or officer of the
Party. Further, to the undersigned’s knowledge, neither the undersigned nor any other member,
employee, representative, agent or officer of the Party, directly or indirectly, has entered into or
been offered any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge
that a state officer, employee, or special state appointee, as those terms are defined in IC 4-
2-6-1, has a financial interest in the Agreement, the Party attests to compliance with the
disclosure requirements in IC 4-2-6-10.5.
In Witness Whereof, the PARTIES have, through their duly authorized representatives, entered
into this Agreement. The PARTIES, having read and understood the foregoing terms of this
Agreement, do by their respective signatures dated below agree to the terms thereof.
Agreement to Use Electronic Signatures
I agree, and it is my intent, to sign this Agreement by accessing State of Indiana Supplier Portal
using the secure password assigned to me and by electronically submitting this Agreement to the
State of Indiana. I understand that my signing and submitting this Agreement in this fashion is the
legal equivalent of having placed my handwritten signature on the submitted Agreement and this
affirmation. I understand and agree that by electronically signing and submitting this Agreement
in this fashion I am affirming to the truth of the information contained therein. I understand that
this Agreement will not become binding on the State until it has been approved by the Office of
the Attorney General, which approvals will be posted on the Active Contracts Database:
https://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI_CUSTOM_APPS.SOI_PUBLIC_CNTR
CTS.GBL
CITY OF SOUTH BEND
BOARD OF PUBLIC WORKS
Executed by:
________________________________ __________________________________
Elizabeth A. Maradik, President Gary A. Gilot, Member
Date: ___________________________ Date: _____________________________
________________________________ __________________________________
Jordan V. Gathers, Member Murray L. Miller, Member
Date: ___________________________ Date: _____________________________ July 13, 2021
Page 19 of 20
Page 20 of 20
STATE OF INDIANA
Indiana Department of Transportation
Recommended for approval by:
_____
Matthew K. Deitchley
LaPorte District Deputy Commissioner
Date: _____
Executed By:
_____ (FOR)
Joseph McGuinness, Commissioner
Date: _____
Prepared by: Nicolette Mendenhall, Attorney No. 27964-49
Indiana Department of Transportation
Page 21 of 20
APPROVALS
STATE OF INDIANA
Budget Agency
By: (FOR)
Zachary Q. Jackson, Director
Date:
STATE OF INDIANA
Department of Administration
By: (FOR)
Lesley A. Crane, Commissioner
Date:
Approved as to Form and Legality:
Office of the Attorney General
By: (FOR)
Theodore E. Rokita
Attorney General
Date:
0000000000000000000036069
INTERLOCAL COOPERATIVE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
SOUTH BEND, INDIANA
J<'or
PAVEMENT REPLACEMENT ON CLEVELAND ROAD NEAR US 31
Thls Agreement ("Agreement") is made and entered into as of the date of approval by the
Attorney General, by and between the State of Indiana, through the Indiana Department of
Transportation (bereinafter referred to as "INDOT"), and the City of South Bend, Jndiana
(hereinafter referred to as the "City"), jointly referred to as the "Parties" and individually as a
"Party.)'
WITNESSETH
WHEREAS, INDOT will complete a pavement replaeement project along US 31 from
the Toll Road to the Michigan State border in the City under contract R-41975 (the "Project");
and
WHEREAS, the City is planning a pavement replacement project on Cleveland Road
from Ameritech Drive to the pavement joint to the west of the US 31 southbound ramps; and
WHEREAS, the City requested INDOT add its Cleveland Road pavement replacement
project (the "Associated Work,"tracked under INDOT Des Numbers 1383328 and 1902086), as
shown on Exhibit A, to the Projeet; and
WHEREAS, combining the Project and Associated Work into one construction project
will be more convenient for the motoring public and will result in cost savings; and
WHEREAS, INDOT will prepare all necessary documents for the Project and will
complete all construction of the Associated Work and the Project; and
WHEREAS, the City will prepare all necessary document~ for the Associated Work and
will pay INDOT to construct the Associated Work; and
WHEREAS, the Parties now wish to delineate cost and responsibilities related to this
Agreement;
NOW THEREFORE, in consideration of the promises and the mutually dependent
covenants herein contained, the Parties hereto agree as follows:
-I -
EXHIBIT "A"
ARTICLE I
SPECIFIC PROVISIONS
1.1 INDOT's Responsibilities.
1.2
A. INDOT shall be the lead agency and shall be responsible for all aspects of the Project
and shall be responsible for construction of the Associated Work.
B. INDOT shall be responsible for preparing plans and specifications for the Project in
accordance with any and all applicable federal, state and local standards,
requirements and best practices.
C. INDOT shall be solely responsible for maintaining the Project upon its completion.
The City's Responsibilities.
A. The City shall be responsible for preparing plans and specifications for the Associated
Work in accordance with any and all applicable federal, state and local standards,
requirements and best practices.
B. The City agrees to pay INDOT for the Associated Work pursuant to the cost estimate
attached as Exhibit B and herein incorporated by reference. The City shall pay
INDOT the full amount of the Associated Work, which is estimated to be
$1,677,300.00, at the time ofletting. INDOT will not begin the Associated Work until
it receives full payment from the City.
C. The City agrees that it will be solely responsible for any costs that exceed the cost
estimate described in Exhibit B related to the Associated Work. The City shall pay
INDOT for any estimated cost overrun within thirty (30) calendar days of INDOT
providing notice to the City.
INDOT shall provide the City a request for a change order before a change order
related to the Associated Work is approved. The City shall provide INDOT a
response to a request for a change order related to the Associated Work within three
(3) business days.
D. The City shall be solely responsible for maintaining the Associated Work upon its
completion.
E. INDOT and the City shall conduct a final walk through of the Associated Work at the
end of construction prior to the City accepting the Associated Work.
F. The City agrees to accept the Associated Work as full, complete and adequate
satisfaction for any and all claims and damages due the City, and its assigns, caused
by or arising out of the design or construction of the Associated Work. The City and
its assigns covenant that in accepting the Associated Work and conditions, it forever
relinquishes all future claims and legal rights they may have in regard to and arising
out of the Associated Work and agrees to save and hold harmless the State of Indiana
-2 -
1.3
from same.
Term and Renewal of Agreement. The term of this Agreement shall be from the date
upon which it is approved by the Office of the Indiana Attorney General. This Agreement
shall terminate on December 31, 2020 unless the following condition occurs or unless
terminated under the provisions of this Agreement.
A. If the City fails to pay INDOT the full amount of the Associated Work at the time of
letting, this Agreement shall terminate.
The obligations of Sections 1.1.C. and 1.2.D. survive termination of this Agreement and
are perpetual until the Parties enter into a written amendment to the contrary.
This Agreement may be renewed or extended under the same terms and conditions
subject to the approval of all signing Parties.
ARTICLE II
GENERAL PROVISIONS
2.1 Access to Records. The City and its contractor, if any, shall maintain all books,
documents, papers, correspondence, accounting records and other evidence pertaining to
all costs incurred under this Agreement, and shall make such materials available at their
respective offices at all reasonable times during the period of this Agreement and for five
(5) years from the date of final payment under the terms of this Agreement, for inspection
or audit by INDOT, or its authorized representative, and copies thereof shall be furnished
free of charge, if requested by INDOT. The City agrees that, upon request by any agency
participating in federally-assisted programs with whom the City has agreed to or seeks to
agree to, INDOT may release or make available to the agency any working papers from
an audit performed by INDOT of the City in connection with this Agreement, including
any books, documents, papers, correspondence, accounting records and other
documentation which support or form the basis for the audit conclusions and judgments.
2.2 Assignment; Successors. The City binds its successors and assignees to all the terms
and conditions of this Agreement. The City shall not assign or subcontract the whole or
any part of this Agreement without INDOT's prior written consent. The City may assign
its right to receive payments, if any, to such third parties as the City may desire without
the prior written consent of INDOT, provided that the City gives written notice (including
evidence of such assignment) to INDOT thirty (30) days in advance of any payment so
assigned. The assignment shall cover all unpaid amounts under this Agreement and shall
not be made to more than one party.
2.3 Assignment of Antitrust Claims. As part of the consideration for the award of this
Agreement, the City assigns to the State all right, title and interest in and to any claims
the City now has, or may acquire, under state or federal antitrust laws relating to the
products or services which are the subject of this Agreement.
2.4 Audits. The City acknowledges that it may be required to submit to an audit of funds
-3 -
paid through this Agreement. Any such audit shall be conducted in accordance with IC
§ 5-11-1, et. seq., and audit guidelines specified by the State.
2.5 Authority to Bind the City. The signatory for the City represents that he/she has been
duly authorized to execute this Agreement on behalf of the City and has obtained all
necessary or applicable approvals to make this Agreement fully binding upon the City
when his/her signature is affixed, and accepted by the State.
2.6 Changes in Work. The City shall not commence any additional work, if any, or change
the scope of the work, if any, until authorized in writing by the State. The City shall make
no claim for additional compensation, if any, in the absence of a prior written approval
and amendment executed by all signatories hereto. This Agreement may only be
amended, supplemented or modified by a written document executed in the same manner
as this Agreement.
2.7 Certification for Federal Aid Contracts Lobbying Activities. (OMITTED -NOT
APPLICABLE]
2.8 Compliance with Laws.
A. The City shall comply with all applicable federal, state and local laws, rules,
regulations and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any
applicable state or federal statute or the promulgation of rules or regulations
thereunder after execution of this Agreement shall be reviewed by the State and the
City to determine whether the provisions of this Agreement require formal
modification.
B. The City and its agents shall abide by all ethical requirements that apply to persons
who have a business relationship with the State as set forth in IC §4-2-6, et seq., IC
§4-2-7, et. seq. and the regulations promulgated thereunder. If the City has
knowledge, or would have acquired knowledge with reasonable inquiry, that a
state officer, employee, or special state appointee, as those terms are defined in
IC §4-2-6-1, has a financial interest in the Agreement, the City shall ensure
compliance with the disclosure requirements in IC §4-2-6-10.5 prior to the
execution of this Agreement. If the City is not familiar with these ethical
requirements, the City should refer any questions to the Indiana State Ethics
Commission, or visit the Inspector General's website at http://www.in.gov/ig/. If the
City or its agents violate any applicable ethical standards, the State may, at its sole
discretion, terminate this Agreement immediately upon notice to the City. In
addition, the City may be subject to penalties under IC §§4-2-6, 4-2-7, 35-44.1-1-4,
and under any other applicable laws.
C. The City certifies by entering into this Agreement that neither it nor its principal(s)
is presently in arrears in payment of taxes, permit fees or other statutory, regulatory
or judicially required payments to the State of Indiana. The City agrees that any
payments currently due to the State of Indiana maybe withheld from payments due
-4 -
2.9
to the City, if any. Additionally, further work or payments, if any, may be withheld,
delayed, or denied and/or this Agreement suspended until the City is current in its
payments and has submitted proof of such payment to the State.
D. The City warrants that it has no current, pending or outstanding criminal, civil, or
enforcement actions initiated by the State, and agrees that it will immediately notify
the State of any such actions. During the term of such actions, the City agrees that the
State may delay, withhold, or deny work under any supplement, amendment, change
order or other contractual device issued pursuant to this Agreement.
E. (OMITTED -NOT APPLICABLE]
F. The City warrants that the City and its contractors, if any, shall obtain and maintain
all required permits, licenses, registrations, and approvals, and shall comply with all
health, safety, and environmental statutes, rules, or regulations in the performance of
work activities for the State. Failure to do so may be deemed a material breach of this
Agreement and grounds for immediate termination and denial of further work with
the State.
G. The City affirms that, ifit is an entity described in IC Title 23, it is properly registered
and owes no outstanding reports to the Indiana Secretary of State.
H. As required by IC §5-22-3-7:
(1) The City and any principals of the City certify that:
(A) the City, except for de minimis and nonsystematic violations, has not violated
the terms of:
(i) IC §24-4.7 [Telephone Solicitation of Consumers];
(ii) IC §24-5-12 [Telephone Solicitations]; or
(iii) IC §24-5-14 [Regulation of Automatic Dialing Machines];
in the previous three hundred sixty-five (365) days, even ifIC §24-4.7 is
preempted by federal law; and
(B) the City will not violate the terms ofIC §24-4.7 for the duration of the
Agreement, even ifIC §24-4.7 is preempted by federal law.
(2) The City and any principals of the City certify that an affiliate or principal of the
City and any agent acting on behalf of the City or on behalf of an affiliate or
principal of the City, except for de minimis and nonsystematic violations,
(A)has not violated the terms ofIC §24-4.7 in the previous three hundred sixty-
five (365) days, even if IC §24-4.7 is preempted by federal law; and
(B) will not violate the terms ofIC §24-4.7 for the duration of the Agreement,
even ifIC §24-4.7 is preempted by federal law.
Condition of Payment. All services provided by the City under this Agreement must be
performed to the State's reasonable satisfaction, as determined at the discretion of the
undersigned State representative and in accordance with all applicable federal, state, local
laws, ordinances, rules and regulations. The State shall not be required to pay for work
found to be unsatisfactory, inconsistent with this Agreement or performed in violation of
-5 -
federal, state or local statute, ordinance, rule or regulation.
2.10 Confidentiality of State Information. [OMITTED -NOT APPLICABLE]
2.11 Continuity of Services. [OMITTED -NOT APPLICABLE]
2.12 Debarment and Suspension.
A. The City certifies by entering into this Agreement that neither it nor its principals nor
any of its contractors, if any, are presently debarred, suspended, proposed for
debarment, declared ineligible or voluntarily excluded from entering into this
Agreement by any federal agency or by any department, agency or political
subdivision of the State of Indiana. The term "principal" for purposes of this
Agreement means an officer, director, owner, partner, key employee or other person
with primary management or supervisory responsibilities, or a person who has a
critical influence on or substantive control over the operations of the City.
B. The City certifies that it has verified the state and federal suspension and debarment
status for all contractors receiving funds under this Agreement and shall be solely
responsible for any recoupment, penalties or costs that might arise from use of a
suspended or debarred contractor. The City shall immediately notify the State if any
contractor becomes debarred or suspended, and shall, at the State's request, take all
steps required by the State to terminate its contractual relationship with the contractor
for work performed under this Agreement.
2.13 Default by State. [OMITTED -NOT APPLICABLE]
2.14 Disputes. [OMITTED -NOT APPLICABLE]
2.15 Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated
April 12, 1990, issued by the Governor of Indiana, the City hereby covenants and agrees
to make a good faith effort to provide and maintain a drug-free workplace. The City will
give written notice to the State within ten (10) days after receiving actual notice that the
City, or an employee of the City in the State of Indiana, has been convicted of a criminal
drug violation occurring in the workplace. False certification or violation of this
certification may result in sanctions including, but not limited to, suspension of contract
payments, termination of this Agreement and/or debarment of contracting opportunities
with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this
Agreement is in excess of$25,000.00, the City ce1tifies and agrees that it will provide a
drug-free workplace by:
A. Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession or use of a controlled
substance is prohibited in the City's workplace, and specifying the actions that will be
-6 -
taken against employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform its employees of(l) the
dangers of drug abuse in the workplace; (2) the City's policy of maintaining a drug-
free workplace; (3) any available drug counseling, rehabilitation and employee
assistance pro grams; and ( 4) the penalties that may be imposed upon an employee for
drug abuse violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as
a condition of continued employment, the employee will ( 1) abide by the terms of the
statement; and (2) notify the City of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such conviction;
D. Notifying the State in writing within ten (10) days after receiving notice from an
employee under subdivision (C)(2) above, or otherwise receiving actual notice of
such conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee
who is convicted of drug abuse violations occurring in the workplace: (1) taking
appropriate personnel action against the employee, up to and including termination;
or (2) requiring such employee to satisfactorily participate in a drug abuse assistance
or rehabilitation program approved for such purposes by a federal, state or local
health, law enforcement, or other appropriate agency; and
F. Making a good faith effort to maintain a drug-free workplace through the
implementation of subparagraphs (A) through (E) above.
2.16 Employment Eligibility Verification. As required by IC §22-5-1.7, the City swears or
affirms under the penalties of perjury that the City does not knowingly employ an
unauthorized alien. The City further agrees that:
A. The City shall enroll in and verify the work eligibility status of all its newly hired
employees through the E-Verify program as defined in IC §22-5-1.7-3. The City is
not required to participate should the E-Verify program cease to exist. Additionally,
the City is not required to participate if the City is self-employed and does not employ
any employees.
B. The City shall not knowingly employ or contract with an unauthorized alien. The City
shall not retain an employee or contract with a person that the City subsequently
learns is an unauthorized alien.
C. The City shall require its contractors, who perform work under this Agreement, to
certify to the City that the contractor does not knowingly employ or contract with an
unauthorized alien and that the contractor has enrolled and is participating in the E-
Verify program. The City agrees to maintain this certification throughout the duration
-7 -
of the term of a contract with a contractor.
The State may terminate for default if the City fails to cure a breach of this provision no
later than thirty (30) days after being notified by the State.
2.17 Employment Option. [OMITTED-NOT APPLICABLE]
2.18 Force Majeure. In the event that either Party is unable to perform any of its obligations
under this Agreement or to enjoy any of its benefits because of natural disaster or
decrees of governmental bodies not the fault of the affected Party (hereinafter referred
to as a " Force Majeure Event"), the Party who has been so affected shall immediately or
as soon as is reasonably possible under the circumstances give notice to the other Party
and shall do everything possible to resume performance. Upon receipt of such notice,
all obligations under this Agreement shall be immediately suspended. If the period of
nonperformance exceeds thirty (30) days from the receipt of notice of the Force Majeure
Event, the Party whose ability to perform has not been so affected may, by giving written
notice, terminate this Agreement.
2.19 Funding Cancellation Clause. As required by Financial Management Circular 2007-1
and IC §5-22-17-5, when the Director of the State Budget Agency makes a
written determination that funds are not appropriated or otherwise available to support
continuation of the performance of this Agreement, this Agreement shall be canceled. A
determination by the Director of the State Budget Agency that funds are not appropriated
or otherwise available to support continuation of performance shall be final and
conclusive.
2.20 Governing Laws. This Agreement shall be governed, construed, and enforced in
accordance with the laws of the State of Indiana, without regard to its conflict oflaws
rules. Suit, if any, must be brought in the State of Indiana.
2.21 HIPAA Compliance. [OMITTED-NOT APPLICABLE]
2.22 Indemnification. The City agrees to indemnify, defend, exculpate and hold harmless the
State oflndiana, INDOT, and their agents, officials and employees from any liability due
to loss, damage, injuries, or other causalities of whatever kind, to the person or property
of anyone arising out of, or resulting from the performance of this Agreement or the work
connected therewith, or from the installation, existence, use, maintenance, condition,
repairs, alteration or removal of any equipment or material, to the extent such liability is
caused by the negligence of the City, including any claims arising out the Worker's
Compensation Act or any other law, ordinance, order or decree. INDOT shall not provide
such indemnification to the City. The City agrees to pay all reasonable expenses and
attorney's fees incurred by or imposed on the State and INDOT in connection herewith in
the event that the City shall default under the provisions of this Section.
2.23 Independent Entity; Workers' Compensation Insurance. The City is performing as
an independent entity under this Agreement. No part of this Agreement shall be construed
to represent the creation of an employment, agency, partnership or joint venture
-8 -
agreement between the Parties. Neither Party will assume liability for any injury
(including death) to any persons, or damage to any property, arising out of the acts or
omissions of the agents, employees or subcontractors of the other Party. The City shall
provide all necessary unemployment and workers' compensation insurance for the City's
employees, and shall provide the State with a Certificate oflnsurance evidencing such
coverage prior to starting work under this Agreement, if any.
2.24 Indiana Veteran Owned Small Business Enterprise Compliance. [OMITTED -NOT
APPLICABLE]
2.25 Information Technology Enterprise Architecture Requirements. [OMITTED -NOT
APPLICABLE.]
2.26 Insurance. [ OMITTED -NOT APPLICABLE]
2.27 Key Person(s). (OMITTED -NOT APPLICABLE]
2.28 Licensing Standards. The City, its employees and contractors, if any, shall comply with
all applicable licensing standards, certification standards, accrediting standards and any
other laws, rules, or regulations governing services to be provided by the City pursuant to
this Agreement. INDOT will not pay the City for any services performed when the City,
its employees or contractors are not in compliance with such applicable standards, laws,
rules, or regulations. If any license, certification or accreditation expires or is revoked, or
any disciplinary action is taken against an applicable license, certification, or
accreditation, the City shall notify INDOT immediately and INDOT, at its option, may
immediately terminate this Agreement.
2.29 Merger & Modification. This Agreement constitutes the entire agreement between the
Parties. No understandings, agreements, or representations, oral or written, not specified
within this Agreement will be valid provisions of this Agreement. This Agreement may
not be modified, supplemented, or amended, except by written agreement signed by all
necessary Parties.
2.30 Minority and Women's Business Enterprises Compliance. (OMITTED -NOT
APPLICABLE]
2.31 Nondiscrimination.
A. This Agreement is enacted pursuant to the Indiana Civil Rights Law, specifically
including IC §22-9-1-10, and in keeping with the purposes of the Civil Rights Act of
1964 as amended, the Age Discrimination in Employment Act, and the Americans
with Disabilities Act. Breach of this covenant may be regarded as a material breach of
this Agreement, but nothing in this covenant shall be construed to imply or establish
an employment relationship between the State and any applicant or employee of the
City or any subcontractor.
-9 -
Under IC §22-9-1-10 the City covenants that it shall not discriminate against any
employee or applicant for employment relating to this Agreement with respect to the
hire, tenure, terms, conditions or privileges of employment or any matter directly or
indirectly related to employment, because of the employee's or applicant's race,
color, national origin, religion, sex, age, disability, ancestry, or status as a veteran.
B. The City understands that INDOT is a recipient of federal funds. Pursuant to that
understanding, the City agrees that if the City employs fifty (50) or more employees
and does at least $50,000.00 worth of business with the State and is not exempt, the
City will comply with the affirmative action reporting requirements of 41 CFR 60-
1. 7. The City shall comply with Section 202 of executive order 11246, as amended,
41 CFR 60-250, and 41 CFR 60-741, as amended, which are incorporated herein by
specific reference. Breach of this covenant may be regarded as a material breach of
this Agreement.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations in all programs and activities.
Title VI and related statutes require that no person in the United States shall on the
grounds of race, color or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance. (INDOT's nondiscrimination enforcement is
broader than the language of Title VI and encompasses other State and Federal
protections. INDOT's nondiscrimination enforcement shall include the following
additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
status, religion, disability, limited English proficiency, or status as a veteran.)
C. During the performance of this Agreement, the City, for itself, its assignees and
successors in interest (hereinafter referred to as the "City") agrees to the following
assurances under Title VI of the Civil Rights Act of 1964:
1. Compliance with Regulations: The City shall comply with the regulations
relative to nondiscrimination in Federally-assisted programs of the Department of
Transportation, Title 49 CFR Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
2. Nondiscrimination: The City, with regard to the work performed by it during the
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, or status
as a veteran in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The City shall not participate
either directly or indirectly in the discrimination prohibited by section 21.5 of the
Regulation, including employment practices when the Agreement covers a
program set forth in Appendix B of the Regulations.
-10 -
3. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the City for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the City of the City's obligations under this Agreement, and the
Regulations relative to nondiscrimination on the grounds of race, color, sex,
sexual orientation, gender identity, national origin, religion, disability, ancestry,
income status, limited English proficiency, or status as a veteran.
4. Information and Reports: The City shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its
facilities as may be determined by INDOT and FHW A to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where any
information required of a City is in the exclusive possession of another who fails
or refuses to furnish this information, the City shall so certify to INDOT or
FHW A as appropriate, and shall set forth what efforts it has made to obtain the
information.
S. Sanctions for Noncompliance: In the event of the City's noncompliance with the
nondiscrimination provisions of this Agreement, INDOT shall impose such
contract sanctions as it or FHW A may determine to be appropriate, including, but
not limited to: (a) withholding payments to the City under the Agreement until
the City complies, and/or (b) cancellation, termination or suspension of the
Agreement, in whole or in part.
6. Incorporation of Provisions: The City shall include the provisions of paragraphs
1. through S. in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
The City shall take such action with respect to any subcontract or procurement as INDOT
or FHW A may direct as a means of enforcing such provisions including sanctions for
non-compliance, provided, however, that in the event the City becomes involved in, or is
threatened with, litigation with a subcontractor or supplier as a result of such direction,
the City may request INDOT to enter into such litigation to protect the interests of
INDOT, and, in addition, the City may request the United States of America to enter into
such litigation to protect the interests of the United States of America.
2.32 Notice to Parties. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent by E-mail, first class U.S. mail or via an established
courier/delivery service to the following addresses, unless otherwise specifically advised:
A. For INDOT:
Michael Grylewicz
-11 -
Project Manager
315 East Boyd Boulevard
LaPorte, IN 46352
Phone: (219) 325-7539
Email: mgrylewicz@indot.in.gov
And with copy to:
Chief Legal Counsel and Deputy Commissioner
100 North Senate Avenue, Room N758
Indianapolis, IN 46204
Phone: (317) 232-5012
B. For the City:
Kara Boyles
City Engineer
1316 County City Building
227 West Jefferson Boulevard
South Bend, IN 46601
Phone: (574) 235-5933
Email: kboyles(lvsouthbendin.gov
As required by IC §4-13-2-14.8, payments to the City, if any, shall be made via electronic funds
transfer in accordance with instructions filed by the City with the Indiana Auditor of State.
2.33 Order of Precedence; Incorporation by Reference. [OMITTED -NOT
APPLICABLE]
2.34 Ownership of Documents and Materials. [OMITTED-NOT APPLICABLE]
2.35 Payments.
A. All payments, if any. shall be made thirty-five (35) days in arrears in conformance
with State fiscal policies and procedures and, as required by IC §4-13-2-14.8, the
direct deposit by electronic funds transfer to the financial institution designated by the
City in writing unless a specific waiver has been obtained from the Indiana Auditor of
State. No payments will be made in advance of receipt of the goods or services that
are the subject of this Agreement except as permitted by IC §4-13-2-20.
B. If the City has any outstanding balances on any agreement with INDOT, and such
outstanding balances due to INDOT are at least sixty (60) calendar days past the due
date, INDOT may proceed in accordance with IC §8-14-1-9 to invoke the powers of
the Auditor of the State of Indiana to make a mandatory transfer of funds from the
City's allocation of the Motor Vehicle Highway Account and the Local Roads and
Streets Account, if any, to INDOT's account, or INDOT may withhold or garnish
-12 -
payments otherwise due to the City from INDOT under this or any other agreement to
partially or wholly satisfy such outstanding balances. In addition, to satisfy any
outstanding balance owed, INDOT reserves the right to withhold any and all
distributions of discretionary federal funds normally issued or allocated to the City.
2.36 Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages,
interest, or attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC
§34-54-8, IC §34-13-1 and IC §34-52-2.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the
State's failure to make prompt payment, if any, shall be based solely on the amount of
funding originating from the State and shall not be based on funding from federal or other
sources.
2.37 Progress Reports. [OMITTED -NOT APPLICABLE]
2.38 Public Record. The City acknowledges that the State will not treat this Agreement as
containing confidential information, and will post this Agreement on the transparency
portal as required by IC §5-14-3.5-2. Use by the public of the information contained in
this Agreement shall not be considered an act of the State.
2.39 Renewal Option. This Agreement may be renewed under the same terms and
conditions, subject to the approval of the Commissioner of the Indiana Department of
Administration and the State Budget Director in compliance with IC §5-22-17-4. The
term of the renewed agreement may not be longer than the term of the original
Agreement.
2.40 Severability. The invalidity of any section, subsection, clause or provision of this
Agreement shall not affect the validity of the remaining sections, subsections, clauses or
provisions of this Agreement.
2.41 Status of Claims. The City shall be responsible for keeping INDOT currently advised as
to the status of any claims made for damages against the City resulting from services
performed under this Agreement.
2.42 Substantial Performance. This Agreement shall be deemed to be substantially
performed only when fully performed according to its terms and conditions and any
written amendments or supplements.
2.43 Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the City or its contractors as a result
of this Agreement.
2.44 Termination for Convenience. [OMITTED -NOT APPLICABLE]
-13 -
2.45 Termination for Default. (OMITTED -NOT APPLICABLE)
2.46 Travel. [OMITTED -NOT APPLICABLE]
2.47 Waiver of Rights. No right conferred on either Party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in
writing and signed by the Party claimed to have waived such right. Neither the State's
review, approval or acceptance of, nor payment for, the services required under this
Agreement shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement, and the City
shall be and remain liable to the State in accordance with applicable law for all damages
to the State caused by the City's negligent performance of any of the services furnished
under this Agreement.
2.48 Work Standards. The City shall execute its responsibilities by following and applying
at all times the highest professional and technical guidelines and standards. IfINDOT
becomes dissatisfied with the work product of or the working relationship with those
individuals assigned to work on this Agreement, INDOT may request in writing the
replacement of any or all such individuals, and the City shall grant such request.
2.49 State Boilerplate Affirmation Clause. (OMITTED -NOT APPLICABLE)
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
-14 -
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or
that the undersigned is the properly authorized representative, agent, member or officer of the
Party. Further, to the undersigned's knowledge, neither the undersigned nor any other member,
employee, representative, agent or officer of the Party, directly or indirectly, has entered into or
been offered any sum of money or other consideration for the execution of this Agreement other
than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge
that a state officer, employee, or special state appointee, as those terms are defined in IC
§4-2-6-1, has a financial interest in the Agreement, the Party attests to compliance with the
disclosure requirements in IC §4-2-6-10.5.
In Witness Whereof, the Parties have, through their duly authorized representatives, entered
into this Agreement. The Parties, having read and understood the foregoing terms of this
Agreement, do by their respective signatures dated below agree to the terms thereof.
SOUTH BEND
BOARD OF PUBLIC WORKS
Gary A. Gilot, President
Date: l /.::;.'5'/,::ic( "7
I
Genevieve E. Miller, Member
Date: G /-). ,-/;, c f '? ----,,~-'--11---"'---'----'-----
Date: ___________ _
-15 -
Elizabeth A. Maradik, Member
Date: C /J.ts/.)r' f ?
Therese J. Difrau,'1¢Iember
Date: & /),'J/,)6/ '} ----"~,1-"--1-"-"-----'--~---
'" I \...... ,
_ :}u,ccL-tc_ )0[ 11( c~-t,_.,<-_
Linda M. Martm, Clerk
Date: l V ,,·b o I "I
STATE OF INDIANA
Indiana Department of Transportation
Recommended for approval by:
~~c.. c_., :::::::-:,,
· ck Powers, District Deputy Commissioner
Date: ~'7
Executed By:
-~-" ________ (for)
Joseph McGuinness, Commissioner
-16 -
APPROVALS
State Budget Agency
___________ (for)
Zachary Jackson, Director
Date: -----------
Department of Administration
___________ (for)
Lesley A. Crane, Commissioner
Date: __________ _
Approved as to Form and Legality:
___________ (for)
Attorney General Curtis T. Hill, Jr.
Date: -----------
-17 -
~ r -+-
"J;>
included in the
Item No.
I
2
3
4
5
8
6
7
8
9
10
II
12
13
14
15
Construction Costs
May,2019
Intersection Improvement For US 31 @ Brick/Cleveland Rd
South Bend, Indiana
Based on Measured Quantities of Preliminary Design
Brick/Cleveland Rd
Descriotion Assume(%) Quantitv Unit
Construction Engineering I I LSUM $
Mob/Demob 3 I LSUM $
Clearing ROW I I LSUM $
Temporary Erosion Control I I LSUM $
Common Excavation 6656 CYS $
Pavement Removal 10,256 SYS $
Subgrade Treatment Type II 19,967 SYS $
Compacted Aggregate No 53 3,419 TON $
PCCP IO" 10,256 SYS $
165 lb/Syd, QC/QA-HMA, 2, 64, Smface, 12.5 mm 330 TON $
275 lb/syd, QC/QA-HMA, 2, 64, lntennediate, 19.0 mm 551 TON $
Asphalt for Tack Coat I TON $
Construction Sign A 10 EA $
Barricade III-A 100 LFT $
Banicade III-8 100 LFT $
Maintaining Traffic 2.5 I LSUM $
Subtotal
Contingency 20%
Total
Unit Cost
10,200.00
30,600.00
10,200.00
10,200.00
20.00
15.50
15.00
25.00
55.00
80.00
70.00
500.00
140.00
15.00
15.00
25,500.00
\\ltg-srv\Projects\projects\PS\INDOl\18115-00 US31 Pvmt Des1383328\Project-lnfo\Estimate\Cost Estimate for 115-01.xlsx
Extension
$ 10,200
$ 30,600
$ 10,200
$ 10,200
$ 133,111
$ 158,973
$ 299,500
$ 85,469
$ 564,097
$ 26,437
$ 38,554
$ 500
$ 1,400
$ 1,500
$ 1,500
$ 25,500
$ 1,397,740
$ 279,548
$ 1,677,300
Electronic Approval History
User ID Approver Name Datetime Description
1 M304902 Hopper,Michael Sean 08/08/2019 3:16:37PM Agency Fiscal Approval
2 S004382 Redding,Sandra D 08/15/2019 2:27:54PM IDOA Legal Approval
3 C292947 Sharp,Cara Alycia 08/19/2019 11:06:33AM SBA Approval
4 M338811 Skarbeck,Molly H 08/19/2019 11:14:46AM Attorney General Approval
5 D050916 Sembroski,Donna Stolz 08/27/2019 3:40:23PM Attorney General Approval
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:24 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-I-01.dgntroyergroup.com
rtoyer rgoup
|eerWeWill,
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171
W
31+50Matchline A-AOrange RdQuality CtXW2-6-AXW20-1XW13-1-AXW2-4-A (L)XW20-5 (R)XW9-2-B (L)E2W
320'Private DrivePrivate Drive30
1902086
Maintenance of Traffic Phase I
Brick Road
1" = 40'
N/A37+5042+5032+5031+5035' (Typ.)
35' (Typ.)Tire & ServiceBest-OneMatchline A-AMatchline B-B42+5047+5052+5070'
W
YD
WD
YY
Technology DrLake Blackthorn DrNorthwest LoopUS 31 SBUS 31 NBW
YY YY
WXG20-2Northwest RampSpan Wire
Signal Head
Existing Barrier Wall
Temporary Impact Attenuator
100'100'100'100'100'100'
100'
100'
Line 'S-2-M'
EXHIBIT "B"
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:30 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-I-02.dgntroyergroup.com
rtoyer rgoup
|eerWeWill,
1383328
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171Matchline C-C31
Maintenance of Traffic Phase I
Brick Road
1" = 40'
N/A57+5062+5052+5062+5067+50Matchline B-BAmeritech DrAmeritech DrBrick RdR3-7(L) XW13-1-AXW2-4-A (R)XW9-2-B (R)XW20-5(L)XW20-1XW2-6-ANortheast RampNortheast Loop35.0'330' Taper
Y
W
YD Y
W
YD
WD
W
Matchline C-CW
Y
Y
Y
E235' (Typ.)
35' (Typ.)
70
' (Typ
.)
Span Wire
Signal Head
Signal Head
Span Wire
W
Line 'S-2-M'
100'
10
0'
10
0'
10
0'
10
0'
10
0'
1902086
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:37 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-II-01.dgntroyergroup.com
rtoyer rgoup
|eerWeWill,
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171Matchline A-A32
1902086
1" = 40'
N/A27+5032+5021+50Matchline A-AMatchline B-B32+5037+5042+50Maintenance of Traffic Phase II
Brick RoadXW2-6-AXW20-1XW1-4-B (R)XG20-2Olive RdBest One Tire & ServiceQuality CtOrange RdPrivate DrivePrivate DriveLake Blackthorn DrTechnology Dr30.0'
E2
Y
W
W
YY W
WD
WD YD
W
Y
YY
W
Y
W
W
YY YY
W
Y
W
YY YD
WD
WD
W
W YY
35' (Typ.)
35' (Typ.)
35' (Typ.)
100'100'100'100'
50'
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:44 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-II-02.dgntroyergroup.com
rtoyer rgoup
|eerW eW ill,
1383328
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE Matchline C-C33
1902086
1" = 40'
N/A47+5052+5042+50Matchline C-CMatchline D-D52+5057+5062+50Maintenance of Traffic Phase II
Brick RoadMatchline B-BW
W
YY
W
W
YY W
WYYUS 31 SBUS 31 NBNote: Contracter Shall Open Intersection When Ramp Finished
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Open Intersection When Ramp FinishedNortheast RampNorthwest LoopAmeritech DrAmeritech DrW
W
YY
W
W
YY
WD
YD
W
W
XG20-235.0'
35.0'
Note: Contracter Shall Open Intersection When Ramp Finished
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Cover Exit Sign
Note: Contracter Shall Open Intersection When Ramp Finished
YD
WD
W
W
W
Y
W
W
Y
W Northwest RampNortheast Loop35' (Typ.)WW
YYY
WW
WW
YYY
WW
WDWD
YDYD
WW
WW
Existing Barrier Wall
Impact AttenuatorImpact Attenuator
Existing Impact Attenuator
Line 'S-2-M'
Line 'S-2-M'
Cover All Signal Heads While Intersection is Closed
during phase II construction of US 31.
Note: This intersection shall be open to traffic
at all times during phase III construction of US 31.
Note: This intersection shall be open to traffic
Cover All Signal Heads While Intersection is Closed
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:50 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-II-03.dgntroyergroup.com
rtoyer rgoup
|eerW eW ill,
1383328
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
34
1902086
1" = 40'
N/A67+5062+50Maintenance of Traffic Phase II
Brick RoadMatchline D-D35.0'
35.0'
70
'330' Taper
35'
WWW
Y
Y
Br ic k Rd XW13-1-AXW2-4-A (R)XW9-2-B (R)XW20-5 (L)XW20-1XW2-6-AE2
10
0'
10
0'100'100'100'100'
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:01:57 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-III-01.dgntroyergroup.com
rtoyer rgoup
|eerW eW ill,
1383328
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
Y Matchline A-AOrange RdQuality CtWPrivate DrivePrivate Drive35
1902086
1" = 40'
N/A37+5042+5032+50Matchline A-AMatchline B-B42+5047+5052+50Maintenance of Traffic Phase III
Brick Road
35' (Typ.)
Y
320' Taper
Northwest LoopTechnology DrXG20-2Blackthorn DrLakeXW2-6-AXW20-1XW20-5 (L)XW9-2-B (R)XW-2-4-A (R)E
320' Taper US 31 SBUS 31 NBY
Y Y
YNorthwest RampSpan Wire
Existing Barrier Wall
Line 'S-2-M'
100'100'100'100'100'100'
ELECTRONIC of
DEPARTMENT OF TRANSPORTATION
INDIANA
HORIZONTAL SCALE FILE
DESIGNATION
SHEETSSURVEY BOOK
CONTRACT PROJECT
FOR APPROVAL
RECOMMENDED
DESIGN ENGINEER DATE
DESIGNED:
CHECKED:
DRAWN:
CHECKED:
VERTICAL SCALE
11/20/20193:02:04 PMfperezG:\projects\PS\INDOT\18115-00 US31 Pvmt Des1383328\Design\sheets\MOT-Brick-Rd-Phase-III-02.dgntroyergroup.com
rtoyer rgoup
|eerW eW ill,
1383328
1383328R-41975
PFR
LRDELZ
US 31 ROAD RECONSTRUCTIONFJP
11/20/2019
10201173CHRISTOPHERL.W
AID
N
E
R171
Worksite Speedlimit = 25mphLEGEND:
E2
Barricade Type III-A/III-B
Construction Sign
Temporary Barrier Wall
Channelizing Device
Construction Warning Light
Channelizing Device w/ Type 'C'
Construction Barrel
Tubular Marker
Direction of Traffic
Flashing Arrow Board
Construction Area
Line Removal
Type 'A' Construction Warning Light
Type 'B' Construction Warning Light
W Temporary Pavement Marking, White 4"
WD Temporary Pavement Marking, Dotted, White 8"
Y Temporary Pavement Marking, Yellow 4"
YD Temporary Pavement Marking, Dotted, Yellow 8"
XW2-6-A
MAX 6 YRS
RECKLESS DRIVING
MAX $1000
SPEEDING
XG20-2CONSTRUCTION
END
XW13-1-A25
M.P.H.
R3-7 (L)
TURN LEFT
LEFT LANE
MUST
XW20-1
AHEAD
CONSTRUCTION
ROAD
XW20-5 (L)
AHEAD
CLOSED
LEFT LANE
XW9-2-B (R)
RIGHT
MERGE
LANE ENDS
XW2-4-A (R)E2 Worksite Speed Limit Assembly (25 mph)
XW1-4-B (R)
R2-1-B
XG20-5-B
Sign Assembly
Worksite Speed Limit
Sign Assembly
Worksite Speed Limit
25
LIMIT
SPEED
WORKSITE
TS
TS
TSTS Matchline C-C36
1902086
1" = 40'
N/A57+5062+5052+50Matchline C-C62+5067+50Maintenance of Traffic Phase III
Brick RoadMatchline B-BBric k Rd
35.0'
35.0'R3-7 (L)WW
Y
70
.0
'330' Taper
70.0'
Y
Y
Y
W
YD W
Y
Span Wire
Signal Head
Span Wire XG20-2XW13-1-AXW2-4-A (R)XW9-2-B (R)XW20-5 (L)XW20-1XW2-6-AE2
100'
100'100'100'100'100'
Line 'S-2-M'
ELIZABETH A. MARADIK GARY A. GILOT JORDAN V. GATHERS JOSEPH R. MOLNAR MURRAY L. MILLER
1316 COUNTY-CITY BUILDING
227 W. JEFFERSON BOULEVARD
SOUTH BEND, INDIANA 46601-1830
PHONE 574/ 235-9251
FAX 574/ 235-9171
CITY OF SOUTH BEND JAMES MUELLER, MAYOR
BOARD OF PUBLIC WORKS
April 27, 2021
Mr. Michael J. Grylewicz
Indiana Department of Transportation – LaPorte District
MGrylewicz@indot.IN.gov
RE: Change Order No. 1 – Cleveland Rd./Brick Rd. Pavement Improvements
Project No. 119-045
Dear Mr. Grylewicz:
At its April 27, 2021 meeting, the Board of Public Works approved the above referenced
Change Order for an increase of $7,169.76, bringing the revised contract amount to
$1,255,644.84.
Enclosed is a copy of the Change Order for your records.
If you have any further questions regarding this matter, please call this office at (574) 235-9251.
Sincerely,
/s/ Anne Fuchs
Anne Fuchs, Clerk
Enclosures
AF/lh
EXHIBIT "C"
04/16/2021
Project Manager 07/21/2020 Zachary J Hurst
April 27, 2021
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 04/19/2021
Name Zach Hurst Department DPW
BPW Date 04/27/2021 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. 1 Traffic Control Resolution
Other: Ease./Encroach
Required Information
Company or Vendor Name INDOT – LaPorte District
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Cleveland Rd./Brick Rd. Pavement Improvements
Project Number 119-045
Funding Source RWDA TIF
Account No. PO-0000469
Amount $7,169.76
Terms of Contract
Purpose/Description Change order for unforeseen pipe removal and replacement
For Change Orders Only
Amount of
Increase
Decrease
$ 7,169.76
($ )
Previous Amount $ 1,248,475.08
Current Percent of Change:
Increase
Decrease
0.6%
( %)
New Amount $ 1,255,644.84
Total Percent of Change:
Increase
Decrease
0.6%
( %)
Time Extension Amount:
New Completion Date:
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 06/22/2021
Name Zach Hurst Department DPW
BPW Date 07/13/2021 Phone Extension 3057
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney Attorney Name Clara McDaniels
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
Professional Services Agreement Contract Proposal
Open Market Contract Amendment/Addendum Special Purchase, QPA
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award Reject Bids/Quotes
Proposal Opening C/O & PCA No. PCA
Chg. Order, No. Traffic Control Resolution
Other: Interlocal
Cooperative Agreement
Ease./Encroach
Required Information
Company or Vendor Name INDOT – LaPorte District
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name Cleveland Rd./Brick Rd. Pavement Improvements
Project Number 119-045
Funding Source RWDA TIF
Account No. PO-0000469
Amount
Terms of Contract
Purpose/Description New Interlocal Agmt. to replace expired agreement
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)
Time Extension Amount:
New Completion Date: