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Home My WebLink AboutSupplement No 1 to Agreement - INDOT - Olive Street Reconstruction1316 COUNTY -CITY BwLMNG' 227 W. JEFFERSON BOULEVARD Sourui BEND. INDIANA 46601-,1830 CITY Or SOUTH BEND PETE BUTTIGIEG, MAYOR BOARD OF PUBLIC WORKS February 27, 2018 Marcia Blansett INDOT — LaPorte District PO Box 429 LaPorte, IN 46352 RE: Supplement No. I to Agreement Dear Ms. Blansett: PI-IONi,,, 574/235-9251 FAX 574/ 235-9171 The Board of Public Works, at its meeting held on February 27, 2018, approved the above referenced Supplement No. I for a two (2) year extension of the Olive Street Reconstruction agreement. Enclosed please find the original of the supplement 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, aa)- Linda M. Martin, Cleril Enclosure c: Roger Nawrot, Engineering G AR Y A. G � i,o'r SUZANNA M. FRITZBERc, DIZABE'rii A. MARADIK JAMEs A. MILIFI.I.ER Ti tE, RESE J. DORAU Version 6-8-2017 INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT SUPPLEMENT NUMBER 1 EDS No.: A249-15-320127 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 November 14, 2014, enter into a Contract, providing for Services required in connection with INDOT Designation Number 1400637 for road reconstruction 3R/4R standards for Olive Street from Prairie Avenue to the railroad south of Tucker 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. I. 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, 2019 and June 30, 2020, 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 1,2020 and June 30,2022. INDOT will schedule the contract for letting, Page 1 of 4 174Bro« 'i[11.2P40JVA provided the Project is eligible, and provided the federal funds shown in section I.B of Attachment D are available. 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 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 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. Attachment "A" of the original Contract is amended to read as follows: ATTACHMENT A PROTECT DESCRIPTION Des, No.: 1400637 Program: Group I Type of Project: Road Reconstruction (3RAR_S_tandards Location: Olive St A general description of the Project is as follows: A project for road reconstruction 3R/411 standards for Olive Street south of Delaware to the railroad south of Tucker Drive in the City of South Bend St. Joseph County, Indiana. 3. Section I.A. of Attachment "D" of the original Contract is amended to read as follows: Group I federal -aid finds 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 trust maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 801/o 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, November 14,_2017, the maximum amount according to the TIP dated August 24, 2017 is $ 2,464,800.00. The most current MPO TIP page, or MPO authorization, is uploaded into INDOT's Scheduling Project Management System (SPMS). Page 2 of 4 Version 6-8-2017 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 fie/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, 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 Conti -act, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5. 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 STATE OF INDIANA Department of Transportation 'J-Recommcnded for approval by: Print or type name and title Robert D. Cates, Director Signature and date Contract Administration Division Print or e name and title Signafiare'and date Print or type name and title J"/ /,,/ " 17"4 SighatMe :nd(,dit LPA DUNS # Date: Executed by: (FOR) Brandye Hendrickson, Commissioner Date: Department of Administration Jessica. Robertson, Commissioner Date: Attest State Budget Agency Auditor or Clerk Treasurer I This instrument prepared by: Ellen Hite November 14,2017 Brian E. Bailey, Director LOM Approved as to, Form and Legality: Gregory F. Zoeller, Attorney General of Indiana Date: R) Page 4 of 4 Version 6-8-2017 4. All other matters previously agreed to and set forth in the original Contract dated November 14, 2014 and not affected by this Supplement shall remain in full force and effect. The remainder of this page is intentionally left blank. Page 3 of 4 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date February 12, 2018 Department Name Roger T. Nawrot Division/Bureau Engineering BPW Date February 27, 2018 Phone Extension 5932 Legal Attorney Name: Clara McDaniels 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 El L_J Agreement N Contract Ll Proposal Ll Addendum F-1 Professional Services El Resolution R Bid Opening E] Bid Award Req. to Advertise El Title Sheet F-1 Quote Opening 0 Quote Award El Change Order No. F-1 C/O & PCA No. ❑ PCA ❑ Ease/Encroach. R Traffic Control: Other: Contract Sum)lement No. 1 Company or Vendor Name INDOT El Yes M No [J If Yes, Approved by New Vendor Purchasing MBEANBE Contractor F1 MBE [:] WBE MBEANBE Contractor Requested No 0 Yes Name of Company Project Name Olive Street Reconstruction Project Number 114-064 (DES 1400637) Funding Source Local Roads and Streets Account No. 251-0608-380.10-99 Amount Terms of Contract Purpose/Description Supplement No. 1 is for a two-year time extension on the original INDOT,-LPA Agreement. F1 Required Contractor's Certification Forms Attached (Non - Collusion, Non-Dis,crim i nation, Non -Debarment, E-Verify, Iran, etc.) g'e< r, ors;' On I "Y Amount of F-1 increase $ El Decrease $ Previous Amount $ Current Percent of Change: % New Amount $ Total Percent of Change: % Dispersal After Approval Copy Original F-1 F-1 F-1 ❑