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HomeMy WebLinkAboutSupplement No. 1 to Local Public Agency Project Coordination Contract (Boland Trail Project) - INDOT1316 COUNTY -CITY BUILDING 227 W. JEFFERSON BOULEVARD SOUTH BEND. INDIANA 46601-1830 45(7U rH 8 `� W' recce .a yi niYe 1865 CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS January 10, 2017 Marcia Blansett LPA Program Director PO Box 429 315 East Boyd Boulevard LaPorte, IN 46352/46350 PHONE 574/235-9251 FAx 574/235-9171 RE: Supplement No. I to Local Public Agency Project Coordination Contract Dear Ms. Blansett: The Board of Public Works, at its meeting held on January 10, 2017, approved the above referenced agreement to revise the schedule for receiving federal funds for the Boland Trail Project. Enclosed please find the original of the contract for your signature. Please sign and return the original agreement to our office and retain a copy for your records. If you have any further questions regarding this matter, please call this office at (574) 235- 9251. Sincerely, Linda M. Martin, Clerk Enclosure c: Kevin Fink, Engineering GARY A. GILOT SUZANNA M. FRITZBERG ELIZABETH A. MARADIK JAMES A. MUELLER THERESE J. DORAU Version 2-11-2016 INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT SUPPLEMENT NUMBER 1 EDS No.: A249-14-320311 CFDA #: 20.205 This Supplemental Contract, is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Supplemental Contract, by and between the Indiana Department of Transportation, (hereinafter referred to as "INDOT"), and the City of South Bend, (hereinafter referred to as "LPA"). WITNESSETH WHEREAS, INDOT and the LPA did, on October 17. 2014, enter into a Contract, providing for Services required in connection with INDOT Desi¢nation Number 1382758 for bike/pedestrian facilities on Boland Driver from Porta¢e Avenue to Riverside Drive and WHEREAS, it has been determined by INDOT that a supplement of the previously executed INDOT/LPA Contract for Services is necessary due to a change in the Federal aid Project, and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows: The "Recitals" above are hereby made an integral part of and specifically incorporated into this Contract Supplement Number 1. 1. Section V — TERM AND SCHEDULE of the original Contract is amended to read as follows: SECTION V TERM AND SCHEDULE. A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2017 and June 30, 2018, INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available. B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2018 and June 30, 2020. INDOT will schedule the contract for letting, provided the Project is eligible, and provided the federal funds shown in section I.B of Attachment D are available. Page 1 of 3 C. In the event that federal funds for the listed in section V.A. or section V.B, may be obligated in the fiscal year allocated to the Project will lapse. Version 2-11-2016 Project are not obligated during the period the federal funds allocated to the Project chosen by INDOT or the federal funds D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B and V.0 do not apply, but will be obligated according to the fiscal year programmed in the most current MVO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed upon use of the MPO's prior year balances. 2. Section I.A. of Attachment "D" of the original Contract is amended to read as follows: If the Program shown on Attachment A is receiving Group I CMAO federal -aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 801/0 of the eligible Project costs. The maximum amount of federal -aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, December 12, 2016, the maximum amount according to the TIP dated January 25, 2016 is $ 1,209,411.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT's Scheduling Project Management System (SPMS). 3. All other matters previously agreed to and set forth in the original Contract dated October 17, 2014 and not affected by this Supplement shall remain in full force and effect. The remainder of this page is intentionally left blank. Page 2 of 3 Version 2-11-2016 Non -Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The PARTIES having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. LPA: City of South Bend Print or type name and title twpROVED H+�-•rd — Signature and date of Public wp STATE OF INDIANA Department of Transportation Recommended for approval by: Robert D. Cales, Director Contract Administration Division AN i'Q Z 17 Date: Print or type nixie lJr Executed by: Ivy Signature and date (FOR) Brandye Hendrickson, Commissioner Print or type name andiiH ' '- - - • -- - Datc: Signature and date LPA DUNS # Department of Administration Jessica Robertson, Commissioner Date: Attest State Budget Agency Auditor or Clerk Treasurer Brian E. Bailey, Director Date: Approved as to Form and Legality: This instrument prepared by: Ellen Hite (FOR) December 12, 2016 Gregory F. Zoeller, Attorney General of Indiana Date: Page 3 of 3 Version 2-11-2016 INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT SUPPLEMENT NUMBER 1 EDS No.: A249-14-320311 CFDA #: 20.205 This Supplemental Contract, is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Supplemental Contract, by and between the Indiana Department of Transportation, (hereinafter referred to as "INDOT"), and the CitV of South Bend, (hereinafter referred to as "LPA"). WITNESSETH WHEREAS, INDOT and the LPA did, on October 17, 2014, enter into a Contract, providing for Services required in connection with INDOT Designation Number 1382758 for bike/pedestrian facilities on Boland Driver from Portage Avenue to Riverside Drive and WHEREAS, it has been determined by INDOT that a supplement of the previously executed INDOT/LPA Contract for Services is necessary due to a change in the Federal aid Project, and NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows: The "Recitals" above are hereby made an integral part of and specifically incorporated into this Contract Supplement Number 1. Section V — TERM AND SCHEDULE of the original Contract is amended to read as follows: SECTION V TERM AND SCHEDULE, A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2017 and June 30, 2018, INDOT will make the federal funds shown in section I.A. and/or I.B. of Attachment D available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment D are available. B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1. 2018 and June 30, 2020. INDOT will schedule the contract for letting, provided the Project is eligible, and provided the federal funds shown in section I.B of Attachment D are available. Page 1 of 3 Version 2-11-2016 C. In the event that federal funds for the Project are not obligated during the period listed in section V.A. or section V.B, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse. D. If the Program shown on Attachment A is Group I or Group 1I, Sections VA, V.B and V.0 do not apply, but will be obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed upon use of the MPO's prior year balances. 2. Section I.A. of Attachment "D" of the original Contract is amended to read as follows: If the Program shown on Attachment A is receiving Group I CMAO federal -aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 80"/0 of the eligible Project costs. The maximum amount of federal -aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, December 12, 2016, the maximum amount according to the TIP dated January 25, 2016 is $ 1,209,411.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT's Scheduling Project Management System (SPMS). 3. All other matters previously agreed to and set forth in the original Contract dated October 17, 2014 and not affected by this Supplement shall remain in full force and effect. The remainder of this page is intentionally left blank. Page 2 of 3 Version 2-11-2016 Non -Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The PARTIES having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. LPA: ON of South Bend STATE OF INDIANA Department of Transportation Recommended for approval by: Print or type name and title Robert D. Cales, Director Signature and d to AFMYED Contract Administration Division Bard of PuWk Works Date: Print or type name andJAK 110 � 4 ` { _ Executed by: Signature an a (FOR) Brandye Hendrickson, Commissioner Print or typC-:.:...... .....: tic --- --Date: Department of Administration Signature and date LPA DUNS # Jessica Robertson, Commissioner Date: Attest State Budget Agency Auditor or Clerk Treasurer Brian E. Bailey, Director Date: Approved as to Form and Legality: This instrument prepared by: Ellen Hite (FOR) December 12,201 Gregory F. Zoeller, Attorney General of Indiana Date: Page 3 of 3 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 01/03/2017 Department Public Works Name Kevin Fink Division/Bureau Engineering BPW Date 01/10/2017 Phone Extension 5903 I Required Prior to Submittal to Board Legal ® Attorney Name: Michael Schmidt Controller ® Controller review is required for all Contracts $5,000.00 or more and greater than one year in length per the City Purchasing Policy Purchasing I Check the Appropriate Item Type — Required for All Submissions ® Agreement ❑ Contract ❑ Proposal ❑Addendum ❑ Professional Services ❑ Resolution ❑ Bid Opening ❑ Bid Award ❑ Req. to Advertise ❑ Title Sheet ❑ Quote Opening ❑ Quote Award ❑ Change Order No. ❑ C/O & PCA No. ❑ PCA ❑ Ease/Encroach. ❑ Traffic Control: F] Other: Company or Vendor Name New Vendor MBE/WBE Contractor MBE/WBE Contractor Requested Project Name Project Number Funding Source Account No. Amount Terms of Contract Purpose/Description Amount of Increase Decrease Previous Amount Current Percent of Change: New Amount Total Percent of Chanae: Copy Origin 0 ❑ Information ❑ Yes 0 No ❑ If Yes, Approved by Purchasing MBE ❑ WBE No Yes Name of Company Boland Trail 113-047 Supplement to INDOT-LPA contract to revise schedule for receiving federal funds LJ Required Contractor's Certification Forms Attached (Non - Collusion, Non -Discrimination, Non -Debarment, E-Verify, Iran, etc.) Roger Nawrot Kevin Fink uired For Change Orders