HomeMy WebLinkAboutInterlocal Cooperative Agreement - INDOT - Cleveland Road Brick Road Pavement Improvements1316 COUNTY-C[TV Bu[LDING
227 W. JE:FFERSON BouLEVARD
SOFPFH Bi,,Nl)- INDIANA 46601-1830
Michael Grylewicz
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CITY OF SOUTH BEND PETE BUTTIGIEG, MAYOR
BOARDF PUBLIC WORKS
June 25, 2019
Indiana Department of Transportation
315 East Boyd Blvd.
LaPorte, IN 46352
RE: Interlocal Cooperative Agreement
Dear Mr. Grylewicz:
PHONE 574/235-9251
FAx 574/235-9171
The Board of Public Works, at its meeting held on June 25, 2019, approved the above
referenced agreement regarding Cleveland Road/Brick Road pavement improvements in the
amount of $1,677,300.
Enclosed please find the original of the agreement 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.
Enclosure
Sincerely,.
vlq
Linda M. Martin, Clerk
GARY A. GILOT GENEVIEVE E. MILLER ELIZABETH A. MARADIK LAURA L. O'SULLIVAN THERESE J. DORAU
INTERLOCAL COOPERATIVE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
SOUTH BEND, INDIANA
For
PAVEMENT REPLACEMENT ON CLEVELAND ROAD NEAR US 31
EDS No.
This 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 (hereinafter referred to as "INDOT"), and the City of South Bend, Indiana
(hereinafter referred to as the "City"), jointly referred to as the "Parties" and individually as a
"Party."
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WITNESSETH
WHEREAS, INDOT will complete a pavement replacement project along US 31 from
the Toll Road to the Michigan State border in the City under contract RS-41974 (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 Number 1383328), as shown on
E.hbi;t. A, to the Project; 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 documents 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:
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ARTICLE I
SPECIFIC PROVISIONS
1.1 INDOT's Responsibilities.
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.
1.2 The Ci '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 of letting. 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
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from same.
1.3 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 Assi ennwent• 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 Clainis. 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
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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 Authorit.V 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 little dyyAA rn� j'. 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. T he City agrees that any
payments currently due to the State of Indiana may be withheld from payments due
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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, if it 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 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.
2.9 Condition of Pa anent. 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
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federal, state or local statute, ordinance, rule or regulation.
2.10 Conridentiality of State Information. [OMITTED — NOT APPLICABLE]
2.11 Continuity ofService . [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 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
M
taken against employees for violations of such prohibition;
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.
2.16 Employment Eli ibili 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
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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 S t a t e B u d g e t A g e n c y 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 of laws
rules. Suit, if any, must be brought in the State of Indiana.
2.21 111PAA Compliance. [OMITTED — NOT APPLICABLE]
2.22 Indemnification. The City agrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, 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 Enti , 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 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, 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 Com lianc . [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.
MGM
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:
Compliance with Re,gulations: 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.
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3. Solicitations for Subcontracts Including Procurennents of Materials and.
c uipnent: 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 FHWA 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
FHWA as appropriate, and shall set forth what efforts it has made to obtain the
information.
5. Sanctions for Nonc(Ln-pliggt : In the event of the City's noncompliance with the
nondiscrimination provisions of this Agreement, INDOT shall impose such
contract sanctions as it or FHWA 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. LncpMora,tion 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.
The City shall take such action with respect to any subcontract or procurement as INDOT
or FHWA 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
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Project Manager
315 East Boyd Boulevard
LaPorte, IN 46352
Phone: (219) 325-7539
Email: 11
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. kbc: ! i s qtl bcndin.jgv
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
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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 Attorne '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 Reyort . [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. If INDOT
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
Executed by:
Lk
Gary A. +11ot, President
Date: G'
11z_e..meee. m� � w _ ..... �� � - - .---
Genevieve E. Miller, Member
Date:. 0 r
Laura O'Sullivan, Member
Date:
Attest:
Kareemah Fowler, City Clerk
Date:
El' "abeth A. Maradik, Membermmm�
Date: ... a✓�> t
Therese
J. l rau, ember
Date:. .6. d'� ° �) d / �� ..wA.. ...
�r
"'Linda m M. Martin, Clerk
Date: �_..............��.��......�................................�__��_w.w�..._.
-15-
STATE OF INDIANA
Indiana Department of Transportation
Recommended for approval by:
Rick Powers, District Deputy Commissioner
Date:
Executed By:
(for)
Joseph McGuinness, Commissioner
Date:
-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-
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
Item No.
Description Assume (%) Quantity Unit Unit Cost Extension
1
Constriction Engineering
1
l
LSUM
$ 10,200.00
$ 10,200
2
3
Mob/Demob
Clearinn ROW
3
1
1
I
LSUM
t.il fM
S 30,600.00
k 1 n_7nn nn
$ 30,600
R I n Inn
4
5
Temporary Erosion Control
Common Excavation
1
1
6656
LSUM
CYS
S 10,200.00
$ 20.00
$ 10,200
$ 133,111
8
6
Pavement Removal
Subgrade Treatment Type 11
10,256
19,967
SYS
SYS
$ 15.50
$ 15.00
$ 158,973
$ 299,500
T
8
Com acted Aggregate No 53
PCCP 10"
3,419
10.256
TON
SYS
$ 25.00
$ 55.00
$ 85,469
$ 564,097
9
165 Ib/S d, QC/QA-HMA, 2, 64, Surface , 12.5 min
330
TON
$ 80.00
$ 26,437
10
275 Ib/s d, QC/QA-HMA, 2, 64, Intermediate , 19.0 imn
551
TON
$ 70.00
$ 38,554
l 1
jAsphalt for Tack Coat
l
TON
$ 500.00
$ 500
12
Construction Sig A
10
EA
$ 140.00
$ 1,400
13
lBarricade III -A
100
LFT
$ 15.00
$ 1,500
14
Barricade III-B
100
LFT
$ 15.00
$ 1,500
15
Maintaining Traffic
2.5
1
LSUM
$ 25,500.00
1 $ 25,500
ubtotal $ 1,397,74(
.ontin ency 20% $ 279,54f
'otal $ 1,677 30(
\\ttg-srv\Projects\projects\PS\INDOT\18115-00 US31 Pvmt Des 1383328\Project-Info\Estimate\Cost Estimate for 115-01.xlsx
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 06/18/2019 �.. �,�
, ....... �� �� . _...................
Department Public
Name Zach Hurst
Works
BPW Date 06/25/2019
Phone Extension 3057
_.._..
..........._..............� ............
l . tuired Prior Submittal to Board
BPW Attorney ®
Attorney Name Clara McDaniels.....
Dept. Attorney
Attorney Name
Purchasing ❑]
_._._........._............._........_�_�.�.� �_................................................... .....�..................................... ww.....�w-----
f......_............_.._.._._._.............._._.....-Check the � tot riate Item...I ` rr c + t> All Submissions
. .w _��
Professional Services Agreement ❑Contract
[�
.............
Proposal
Open Market Contract
❑ Amendment/Addendum
Special Purchase, QPA
0 Bid Opening
❑ Bid Award
Req. to Advertise ❑ Title Sheet
❑ Quote Opening
❑ Quote Award
Reject Bids/Quotes
Proposal Opening
❑ C/O & PCA No.
E:1
PCA
Chg. Order, No.
❑ Traffic Control
F-�
Resolution
Other: Interlocal A Tccn c t
0
Ease./Encroach
...... __.._..
_..._._._._........_ .%1 Ruired Information
Company or Vendor Name
INDOT — LaPorte District
�.wwwu.w._ww
❑
Yes❑ If Yes, Approved by Purchasing
New Vendor
No
MBE/WBE Contractor
WBE Completed E-Verify Form Attached ❑ No
Project Name
Cleveland Rd./Br ianmm..........
/ k . Rd. P„avem„ent...Im„�rovements..................................................w..
Project Number
119-045
Funding Source
RWDA TIF
Account No.
324-1050-460-42.03
Amount
$1,677,300.00
Terms of Contract
...........
.....a.....................................................................................................
Memorandum of Underst .......1.........b.et ..-...w teen..ocalmmand.state..�°�.............
n g
Purpose/Description
�.
. .._..............
OU between Cit and 1NDOT for local Pavement replacement during�aW sty
construction® Droi ect.
__._....._.. ..... ..- ..... _.... _.. ............._.._........._ ._.
For Change Orders Only
Amount of Increase $ mmmmmmmm —____
Decrease ($
Previous Amount
$
Increase
%
Current Percent of Change:
Decrease
%
New Amount
$
_
Increasemmm�
%
Total Percent of Change:
Decrease
( %
Time Extension Amount:
New Completion Date: