HomeMy WebLinkAboutTraffic Signal Maintenance Agreement - Provide Routine & Emergency Maintenance of Entire Traffic Signal System – 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
August 10, 2021
INDOT LaPorte District
Attn: Traffic Engineer
315 East Boyd Blvd.
LaPorte, IN 46350
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Ave., Room N758
Indianapolis, IN 46204
hkennedy@indot.in.gov
RE: Traffic Signal Maintenance Agreement
To Whom It May Concern:
At its August 10, 2021 meeting, the Board of Public Works approved the above
referenced agreement to provide routine and emergency maintenance of the entire traffic signal
system in the City and surrounding area.
Kindly sign and return the fully executed copy of this agreement electronically to
lhensley@southbendin.gov for our internal 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
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TRAFFIC SIGNAL MAINTENANCE AGREEMENT
For
STATE HIGHWAYS IN SOUTH BEND, SAINT JOSEPH COUNTY, INDIANA
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF SOUTH BEND, INDIANA
EDS/SCM # ____________________
THIS TRAFFIC SIGNAL MAINTENANCE AGREEMENT (“Agreement”), made and
entered into by and between the INDIANA DEPARTMENT OF TRANSPORTATION (hereinafter
referred to as “INDOT” or the “State”) and the CITY OF SOUTH BEND, INDIANA (hereinafter
referred to as the “CITY”), 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. INDOT and the
CITY are jointly referred to herein as the “Parties” and each individually as a “Party.”
RECITALS
WHEREAS, in the interest of efficiency and convenience, and to improve the safety of the
traveling public, the State of Indiana, through INDOT, and the CITY entered into a Traffic Signal
Maintenance agreement (the “Original Contract”), EDS No. A249-17-S160014, effective January 1,
2017, which provided for the routine and emergency maintenance of the entire traffic signal system in
the CITY and surrounding area and to facilitate the movement of traffic in South Bend, Saint Joseph
County, Indiana; and
WHEREAS, the CITY agreed to perform, or have performed, the work described in the
Original Contract and INDOT agreed to compensate the CITY in accordance with the terms of the
Original Contract; and
WHEREAS, the CITY has been undertaking the inspection, routine maintenance, and non-
routine maintenance of the traffic signals identified in the Original Contract, and INDOT has been
compensating the CITY for such work since the commencement of the term of the Original Contract,
and
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WHEREAS, the term of the Original Contract was four (4) years, except that with mutual
written consent, the Parties could continue to operate under the terms of the Original Contract; and
WHEREAS, the Parties desire for the CITY to continue the work sought under the Original
Contract in accordance with the terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the promises and the mutually dependent covenants
herein contained, the Parties hereby agree as follows:
ARTICLE I
TERM AND PURPOSE
1.1 RECITALS. The Preamble and Recitals 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 AGREEMENT PURPOSE. The purpose of this Agreement is to provide for better
coordination of the entire traffic signal system in the City of South Bend, Indiana and surrounding area
and to facilitate the movement of traffic. In furtherance of such purpose, this Agreement provides for
the maintenance of the traffic signals listed in Exhibit A attached hereto, incorporated by reference,
and made a part of this Agreement, for the CITY to perform or have performed the work described
herein, and for INDOT to compensate the CITY in accordance with the terms of this Agreement.
1.3 TERM OF AGREEMENT. This Agreement shall be for a one-year period, automatically
renewable at the same terms described herein for up to a total of four (4) years. Either party can choose
to not renew the Agreement by providing written notice thirty (30) days prior to the expiration of any
annual term to the individuals listed in Section 3.32 below. This Agreement is effective beginning on
the date approved as to form and legality by the Office of the Indiana Attorney General (the “Effective
Date”). This Agreement shall replace, amend, or supersede any existing agreements relating to the
work contemplated under this Agreement. This Agreement and terms and conditions herein shall
remain in effect with respect to the traffic signals listed in Exhibit A only so long as the locations
portrayed on Exhibit A continues to be a part of the State highway system; all flashers referenced in
this Agreement will be referred to or treated as a “signal” unless another form or policy specific to
flashers applies.
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1.4 PAYMENTS. The annual monetary limit for payments under this Agreement shall be
$100,000.00. The annual monetary limitations shall begin to accrue on the Effective Date of this
Agreement.
A. All maintenance payments paid by INDOT shall be paid at a flat unit rate per intersection
based on type of visit as listed in Exhibit B, attached hereto and incorporated by reference.
The flat unit rate per intersection shall cover all labor, vehicles, and equipment used in
carrying out the work.
B. The CITY shall invoice INDOT monthly for all work that falls under this Agreement. With
the monthly invoice, the CITY shall provide all documentation and forms required in this
Agreement to document repairs and maintenance work. A failure to provide this
documentation is a basis to withhold payment.
C. The CITY shall provide a material invoice to INDOT for any material not provided by
INDOT, except to the extent Section 2.6. F. applies.
D. Any payments that INDOT may delay, withhold, deny, or apply under this Section shall
not be subject to penalty or interest under IC § 5-17-5.
ARTICLE II
MAINTENANCE RELATED PROVISIONS
2.1 SCHEDULE OF OPERATIONS. On an annual basis, the parties shall hold a meeting to
review through the schedule of operations for the upcoming year to discuss needed maintenance, signal
related matters, and to agree upon any needed adjustments to the preventative maintenance schedules.
Maintenance shall include:
A. Non-Scheduled Maintenance. “Non-Scheduled Maintenance” shall include a response
on an as needed basis to a malfunctioning signal or flasher to restore it to an acceptable
operating mode. Non-Scheduled Maintenance will include work dealing with power
outages; repairs and replacement of traffic signals, flashing beacons, and pre-warning
flashers; repairs to wiring, detection, controllers, controller programming changes, setting
clocks, and other changes to control devices. Repairs or replacement of the following will
also be considered Non-Scheduled Maintenance:
i. Traffic signal controllers;
ii. Detector amplifiers and receivers;
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iii. Replacement of burned-out signal bulbs;
iv. Load relays or switches;
v. Malfunction management units (i.e., conflict monitor);
vi. All equipment comprising interconnect systems;
vii. Optically programmable signal indications;
viii. Traffic accidents;
ix. Vandalism;
x. Storm or other damage prescribed as an act of God; and
xi. All repairs not considered Scheduled Preventative Maintenance, as defined
below.
B. Scheduled Preventative Maintenance. “Scheduled Preventative Maintenance” shall
consist of bi-annual (twice per calendar year) visits to all signals and annual visits to all
flashers listed on Exhibit A of this Agreement; all work noted on the Signal Preventative
Maintenance Checklist, attached and incorporated herein by reference as Exhibit C, or the
Flasher Preventative Maintenance Checklist, attached and incorporated by reference as
Exhibit D, shall be conducted on each signal or flasher, along with other work described
below.
2.2 NON-SCHEDULED MAINTENANCE PROCEDURES. Non-Scheduled Maintenance
shall be performed by the CITY upon existing traffic signals as listed on Exhibit A and any others
which may be installed or taken over by INDOT during the effective period of this Agreement.
A. Procedures. Procedures for maintenance will include:
i. The investigation of any customer service requests from INDOT’s Traffic
Signal Supervisor or Traffic Operations Manager, and when issues are found,
the correction of that issue.
ii. A response time of two (2) hours or less after calls are received for
malfunctioning traffic signals.
iii. The removal of all malfunctioning parts and replacement with new or
reconditioned parts to restore proper functioning, except for emergency vehicle
preemption equipment. Emergency vehicle preemption equipment, causing the
traffic signal to malfunction, shall be disconnected from the controller only,
and the CITY shall contact INDOT. If there has been a knock down of traffic
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signal apparatus that contains emergency vehicle preemption equipment, an
attempt should be made, using normal diligence, to salvage the preemption
equipment for re-use.
iv. The securing or reinstallation of all signs on signal span wires or mast arms.
v. The installation of temporary STOP signs at locations due to power outages.
When STOP signs are installed, they shall be installed on all approaches to
create all-way stop traffic control and the signal shall be switched to “flash” for
the duration that the STOP signs are installed.
vi. In the event of extreme emergency problems, the solicitation of immediate
assistance of local law enforcement agencies as necessary until such time that
emergency repairs can be accomplished. Damaged, inoperative traffic signals
should not be left unattended. A signal may be placed in a flashing mode, or if
there are no signal indications, a STOP sign control shall be installed or police
control of the intersection shall be used, while repairs are being completed.
INDOT shall be notified of emergency repairs, so it can inspect the work
performed as necessary.
The CITY shall not make alterations of existing installations unless authorized in writing
by INDOT except in cases of emergency when a traffic signal is out of operation and no
one from INDOT can be reached to authorize the repairs in which case, the CITY shall
make the necessary repairs and submit damaged equipment to INDOT as evidence of
material used to keep the signal in operation.
B. Documentation. The CITY shall keep and provide records of all work in making Non-
Scheduled Maintenance repairs. The CITY shall submit a "Signal Work Activity Report,”
attached hereto as Exhibit E incorporated by reference, for each intersection where work
was performed with the monthly invoice in which work was completed. Any requested
supplemental documentation, such as police reports, pictures, etc., will be provided upon
request.
2.3. SCHEDULED PREVENTATIVE MAINTENANCE PROCEDURES. Scheduled
Preventative Maintenance shall be performed by the CITY upon existing traffic signals listed on
Exhibit A and any others which may be installed or taken over by INDOT during the effective period
of this Agreement.
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A. Procedures. On a bi-annual (twice per calendar year) basis, the required work noted on
the Signal Preventative Maintenance Checklist attached as Exhibit C shall be conducted
on each signal, and on an annual basis, the required work noted on the Flasher
Preventative Checklist attached as Exhibit D shall be conducted on each flasher. In
addition to the work listed on these checklists:
i. During each visit, the CITY shall check the local intersection controller to
ascertain that the controller is maintaining the correct time. If the time check
is negative, the CITY shall enter the correct time in the controller.
Additionally, for each system timing pattern checked at the visit, the CITY will
check that the local intersection controller is receiving the transfer command
from the master control unit and is responding to that command; and
ii. LED indications will be replaced pursuant to the schedule set out by INDOT;
INDOT will provide the CITY with LED indications to replace all red, green,
and amber balls and red, green, and amber arrows. A list of intersections will
be provided to the CITY based on current year cycle. All pedestrian indications
and red and amber flashers will remain for the life of the intersection signal
equipment or in accord with current INDOT procedures.
iii. Additional repairs may be added to the preventative maintenance schedule by
INDOT.
B. Documentation. The CITY shall keep and provide records of all Scheduled Preventative
Maintenance work. The CITY shall submit completed Signal Preventative Checklist or
Flasher Preventative Checklist sheets with the monthly invoice for in which work was
completed. Any requested supplemental documentation will be provided upon request.
2.4. EMERGENCY MAINTENANCE PROCEDURES. Emergency Maintenance shall be
performed by the CITY upon existing traffic signals as listed on Exhibit A and any others which may
be installed or taken over by INDOT during the effective period of this Agreement.
A. Procedures. On an as needed basis, repairs will be made to traffic signals requiring
Emergency Maintenance repairs. The CITY shall:
i. Respond to all calls of reported malfunctioning traffic signals within two (2)
hours.
ii. If the traffic signal installation has emergency vehicle preemption that is the
cause of the reported malfunctioning or damaged traffic signal, contact
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INDOT, as preemption repairs are not covered under this Agreement. In lieu
of repair to the preemption equipment, disconnection of the preemption
equipment from the controller is appropriate. If there has been a knock down
of traffic signal apparatus that contains emergency vehicle preemption
equipment, an attempt should be made, using normal diligence, to salvage the
preemption equipment for re-use.
iii. In the event of extreme emergency problems, solicit the immediate assistance
of local law enforcement agencies as necessary until such time that emergency
repairs can be accomplished. Damaged, inoperative traffic signals should not
be left unattended. A signal may be placed in a flashing mode, or if there are
no signal indications, a STOP sign control shall be installed or police control
of the intersection shall be used, while repairs are being completed.
iv. Not make alterations of existing installations unless authorized in writing by
INDOT except in cases of emergency when a traffic signal is out of operation
and no one from INDOT can be reached to authorize the repairs in which case,
the CITY shall make the necessary repairs and submit damaged equipment to
INDOT as evidence of material used to keep the signal in operation.
v. Notify INDOT immediately of the Emergency Maintenance repairs so INDOT
can inspect the work performed.
B. Documentation. The CITY shall keep and provide records of all work performed
during Emergency Maintenance repairs. The CITY shall provide a copy of any police
department accident or officers report about damage to traffic signal installations, so
that INDOT may attempt recovery of damages. A Signal Work Activity will be
provided for each intersection where work was performed with the monthly invoice for
in which work was completed. Any requested supplemental documentation will be
provided upon request.
2.5. CERTIFICATION OF PERSONNEL. The CITY shall have a staff or a contractor
prequalified by INDOT who is capable of properly and adequately maintaining the traffic signals on
State routes/highways, including those on the “Special Signal System”, all as listed on Exhibit A.
A. For all work to be performed by the CITY under this Agreement, the CITY can utilize
a contractor, so long as that contractor is prequalified with INDOT (“INDOT
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Prequalified Signal Contractor”) to perform the services to be provided by that
contractor.
B. All traffic signal maintenance work performed under the terms of this Agreement shall
be done by or in the presence of and under the responsible charge of an individual who
holds a Traffic Signal Construction Technician Level II certification which has been
granted by the International Municipal Signal Association (IMSA).
C. The CITY shall at all times have, through its staff or an INDOT Prequalified Signal
Contractor, not less than two (2) Level II certified Traffic Signal Construction
Technicians with two (2) years troubleshooting experience available for service calls.
2.6. MATERIALS, EQUIPMENT, & INVENTORY.
A. The CITY shall have available a portable two (2) through eight (8) phase NEMA Digital
Controller Tester with harness for the field testing of all digital traffic signal controllers
manufactured in compliance with NEMA Standard TS-1-1976 dated November 6, 1975
including any subsequent revisions. The CITY shall also have available a portable two (2)
through eight (8) phase NEMA Digital Controller Tester with harness for the field testing
of all digital traffic signal controllers manufactured in compliance with NEMA Standard
TS-2-1998 including any subsequent revisions.
B. INDOT shall furnish all standard major signal equipment and materials used in making
repairs or replacements for the performance of all maintenance on INDOT owned and
controlled signals. Such materials shall include but will not be limited to the equipment
listed on Exhibit F, attached and incorporated herein by reference. All minor material
parts not furnished by INDOT (such as electrical or friction tape, Sta-Kons, clips, wire,
small nuts and bolts, screws and washers) shall be furnished by the CITY at no extra cost
to INDOT.
C. INDOT will provide to the CITY a Stock Transfer Report, attached hereto as Exhibit G
and incorporated by reference, listing the materials and equipment provided to the CITY.
A received slip shall be verified and signed by a delegated representative of the CITY and
given to INDOT. INDOT will provide to the CITY a Stock Transfer Report listing
materials and equipment returned by the CITY. A returned slip will be verified and signed
by a representative of INDOT and given to the CITY.
D. The CITY shall supply an itemized report of all material supplied by INDOT that is in the
following status:
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i. Stock on hand at beginning of period.
ii. Stock obtained during the period.
iii. Stock used during the period.
iv. Stock on hand at the end of the period.
v. Stock returned to INDOT.
Reports shall be submitted quarterly covering the periods of January through March, April
through June, July through September, and October through December. The reports shall
include inventory of the materials provided by INDOT, including but not limited to the
items listed on Exhibit F. At the expiration of this Agreement, reports for all material
shall be submitted. The format of this report will be determined by INDOT. This report
shall be due within fourteen (14) days following the end of each quarter.
E. INDOT reserves the right to inspect stockpiled INDOT furnished signal equipment being
stored by the CITY (or its contractor) with written notice to the CITY.
F. The CITY shall attach a tag on all damaged or defective traffic signal equipment returned
to INDOT, except for signal heads and pedestrian indications. This tag shall be fully filled
out, including information about the location where the equipment was in operation and a
description of the equipment’s problem. INDOT will provide tags to the CITY. All
damaged equipment removed from signal installations shall be stored by the CITY at its
facilities for pick-up by INDOT.
G. Wherever special signal systems have been installed utilizing combination traffic
signal/streetlight poles, decorative bronze signal poles or specialized equipment, such as:
interconnect equipment including interconnect cabling, conduits, radios, and associated
wiring, TS2 Type 2 back panels, 46” “G” cabinets, and power supplies, the CITY shall
furnish, maintain, control and operate said special equipment. All unique material
furnished by the CITY shall remain the property of the CITY. The CITY shall maintain
an adequate supply of all unique materials to properly maintain said signal systems on
State highways.
2.7. GENERAL MAINTENANCE, CONSTRUCTION, & INSPECTIONS TERMS. In
addition to the foregoing requirements:
A. The CITY shall follow INDOT LaPorte District Malfunctioning/Blackout Signal
Policy Action Plan, attached as Exhibit H and incorporated by reference.
B. If INDOT intends to add additional signals to the list the CITY shall be maintaining:
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i. INDOT shall notify the CITY in writing of any addition or deletion of traffic
signal installations to Exhibit A, and the effective date of the addition or
deletion.
ii. Within the City of South Bend, and surrounding areas, all new traffic signals,
which are to be installed by private parties on the State highway system, shall
be submitted to the CITY for their information prior to INDOT granting
permission for such installation.
iii. INDOT shall coordinate with the CITY on the design of new signals or the
modernization of existing signals on the State highway system within St.
Joseph County to ensure that the design is compatible with the CITY’s traffic
control system.
iv. The CITY shall be invited to the pre-construction conference and the final
inspection of newly installed or modernized traffic signals for which the CITY
shall provide maintenance under this Agreement.
v. The CITY shall accept a new signal installation for maintenance after INDOT
has furnished the CITY a copy of its Form I.C. 636A (Completion Report) for
installation indicating that the new signal is installed in accordance with
INDOT “Standards and Specifications” and is approved by both parties as an
addition to this Agreement.
vi. As long as a highway remains under the jurisdiction of INDOT, if the control,
operation, or maintenance of a traffic signal on a special signal system is not
satisfactory to INDOT, said signal will be removed from the special signal
system by the CITY and placed on a separate system controlled by INDOT.
C. The maintenance card in the controller and/or flasher cabinet shall have an entry made
for every activity performed at an intersection by the CITY. Entries on the maintenance
card shall include the date, the initials of the technician and a brief description of the
work performed.
D. No change will be made to any traffic signal which will alter its design, phasing, timing
or functional operations without authorization from the INDOT LaPorte District
Office.
E. INDOT reserves the right to enter at any time onto any signalized intersection covered
under this Agreement or into any controller cabinet for inspection, alteration or change
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to effect emergency repairs, modifications or to correct malfunctions. If INDOT
determines that work has not been performed or has not been performed to expectation,
it withhold payment or set off against a future payment, until work has been performed
to expectation.
ARTICLE III
GENERAL PROVISIONS
3.1 ACCESS TO RECORDS. The CITY shall maintain all books, documents, papers,
correspondence, accounting records and other evidence pertaining to the 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 10 years from the date of final payment, if any, 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 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.
3.2 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.
3.3 ASSIGNMENT OF ANTITRUST CLAIMS. [OMITTED – NOT APPLICABLE]
3.4 AUDITS. The CITY acknowledges that it may be required to submit to an audit of funds, if
any, 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.
3.5 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.
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3.6 CHANGES IN WORK. The CITY shall not commence any additional work or change the
scope of the work until authorized in writing by the State. This Agreement may only be amended,
supplements, or modified by a written document executed in the same manner as this Agreement.
3.7 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.
3.8 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.
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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. [OMITTED – NOT APPLICABLE]
D. [OMITTED – NOT APPLICABLE]
E. [OMITTED – NOT APPLICABLE]
F. The CITY warrants that the CITY and its contractors and subcontractors, 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. [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 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.
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(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 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.
3.9 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 federal, state or local
statute, ordinance, rule or regulation.
3.10 CONFIDENTIALITY OF STATE INFORMATION. [OMITTED – NOT APPLICABLE]
3.11 CONTINUITY OF SERVICES. [OMITTED – NOT APPLICABLE]
3.12 DEBARMENT AND SUSPENSION. The CITY certifies by entering into this Agreement
that neither it nor its principals nor any of its contractors or subcontractors 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.
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 or
subcontractor. The CITY shall immediately notify INDOT if any contractor or subcontractor becomes
debarred or suspended, and shall, at INDOT’s request, take all steps required by INDOT to terminate
its contractual relationship with the contractor or subcontractor for work to be performed under this
Agreement.
3.13 DEFAULT BY STATE. [OMITTED – NOT APPLICABLE]
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3.14 DISPUTES. [OMITTED – NOT APPLICABLE]
3.15 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 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 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;
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 days after such conviction;
D. Notifying the State in writing within 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
Page 16 of 42
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.
3.16 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 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 and subcontractors, who perform work under this
Agreement, to certify to the CITY that the contractor or subcontractor does not knowingly
employ or contract with an unauthorized alien and that the contractor or 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 contractor or
subcontractor.
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.
3.17 EMPLOYMENT OPTION. [OMITTED – NOT APPLICABLE]
3.18 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.
Page 17 of 42
3.19 FUNDING CANCELLATION. 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.
3.20 GOVERNING LAW. 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.
3.21 HIPAA COMPLIANCE. [OMITTED – NOT APPLICABLE]
3.22 INDEMNIFICATION. The CITY agrees to indemnify, defend, and hold harmless the State,
its agents, officials, and employees from all third party claims and suits including court costs, attorney’s
fees, and other expenses caused by any act or omission of the CITY and/or its agents, officials,
employees, contractors and subcontractors, if any, in the performance of this Agreement. The State
shall not provide such indemnification to the CITY.
3.23 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, contractors
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.
3.24 INDIANA VETERAN OWNED SMALL BUSINESS ENTERPRISES COMPLIANCE.
[OMITTED—NOT APPLICABLE.]
3.25. INFORMATION TECHNOLOGY ENTERPRISE ARCHITECTURE
REQUIREMENTS. [OMITTED – NOT APPLICABLE]
3.26 INSURANCE. If the CITY retains contractors to perform traffic signal maintenance under
this Agreement, it shall require its contractors to list INDOT as an additional insured, and in addition,
it will require the contractor to secure and keep in force during the Term of this Agreement the
Page 18 of 42
insurance coverages specified in the 2022 INDOT Standard Specifications and any updates thereto.
3.27 KEY PERSON(S). [OMITTED – NOT APPLICABLE]
3.28 LICENSING STANDARDS. The CITY, its employees, contractors and subcontractors 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. The State will not approve any study, plans or work performed by the CITY when the
CITY, its employees, contractors or subcontractors 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 the State immediately and the State, at its option, may immediately terminate this
Agreement.
3.29 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 Parties.
3.30 MINORITY AND WOMEN’S BUSINESS ENTERPRISES COMPLIANCE.
[OMITTED – NOT APPLICABLE]
3.31 NONDISCRIMINATION.
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, or 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 covenant may be regarded as a material breach of
this Agreement, but nothing in this covenant shall be construed to imply or establish an
Page 19 of 42
employment relationship between the State and any applicant or employee of the CITY or
any contractor or subcontractor.
B. INDOT is a recipient of federal funds, and therefore, were applicable, the CITY and any
contractors or 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 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 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 “County”) 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 incorporated herein 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
Page 20 of 42
orientation, gender identity, national origin, religion, disability, ancestry, or status
as a veteran in the selection and retention of contractors or 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 contractor or 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 the FHWA 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 INDOT or the FHWA 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, INDOT shall impose such
contract sanctions as it or the 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. Incorporation of Provisions: The CITY shall include the provisions of paragraphs
1. through 5. above in every subcontract, including procurements of materials and
leases of equipment, unless exempt by the Regulations, or directives issued
pursuant thereto.
Page 21 of 42
The CITY shall take such action with respect to any subcontract or procurement as INDOT or
the 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 contractor, 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.
3.32 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:
INDOT LaPorte District
Attn: Traffic Engineer
315 East Boyd Blvd.
LaPorte, IN 46350
With copy to:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis, IN 46204
Email: hkennedy@indot.in.gov
B. For the CITY:
City of South Bend, Indiana
Attn: Traffic Engineer
1200 County-City Building
227 W. Jefferson Blvd.
South Bend, IN 46601
As required by IC §4-13-2-14.8, payments to the CITY shall be made via electronic funds transfer in
accordance with instructions filed by the CITY with the Indiana Auditor of State.
Page 22 of 42
3.33 ORDER OF PRECEDENCE; INCORPORATION BY REFERENCE. Any
inconsistency or ambiguity in this Agreement shall be resolved by giving precedence in the following
order:
(1) This Agreement, and
(2) attachments prepared by INDOT.
All of the foregoing are incorporated fully by reference.
3.34 OWNERSHIP OF DOCUMENTS AND MATERIALS. [OMITTED – NOT
APPLICABLE]
3.35 PAYMENTS.
A. All payments, if any, shall be made 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. [OMITTED – NOT APPLICABLE]
3.36 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 §34-52-2-3.
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.
3.37 PROGRESS REPORTS. [OMITTED – NOT APPLICABLE]
3.38 PROHIBITED TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
EQUIPMENT AND SERVICES. In accordance with federal regulations (including 2 CFR 200.216
and 2 CFR 200.471), the CITY is prohibited from purchasing, procuring, obtaining, using, or installing
any telecommunication or video surveillance equipment, services, or systems produced by:
(A) Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such
entities), OR
Page 23 of 42
(B) Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities),
for any purpose to fulfill its obligations under this Agreement. The CITY shall be responsible to
ensure that any subcontractors are bound by and comply with the terms of this provision. Breach of
this provision shall be considered a material breach of this Agreement.
3.39 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.
3.40 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 renewal may not be longer
than the original term of the Agreement.
3.41 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.
3.42 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.
3.43 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.
3.44 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 or subcontractors as a
result of this Agreement.
3.45 TERMINATION FOR CONVENIENCE. [OMITTED – NOT APPLICABLE]
3.46 TERMINATION FOR DEFAULT. [OMITTED – NOT APPLICABLE]
3.47 TRAVEL. [OMITTED – NOT APPLICABLE]
Page 24 of 42
3.48 INDIANA VETERAN’S BUSINESS ENTERPRISES COMPLIANCE. [OMITTED –
NOT APPLICABLE]
3.49 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.
3.50 WORK STANDARDS. The CITY shall execute its responsibilities by following and applying
at all times the highest professional and technical guidelines and standards (or by ensuring that its
contractors and subcontractors do the same). If the State becomes dissatisfied with the work product
of or the working relationship with those individuals assigned to work on this Agreement, the State
may request in writing the replacement of any or all such individuals, and the CITY shall grant such
request.
3.51 STATE BOILERPLATE AFFIRMATION CLAUSE. [OMITTED – NOT APPLICABLE]
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Page 26 of 42
INDIANA DEPARTMENT OF TRANSPORTATION
Recommended for approval by:
______________________________________
Matthew Deitchley, District Deputy Commissioner
Date: _________________________________
Executed By:
______________________________________(FOR)
Joseph McGuinness, Commissioner
Date: _________________________________
[APPROVALS ON NEXT PAGE]
This agreement was prepared for the Indiana Department of Transportation by Nicolette
Mendenhall, Attorney No. 27964-49
Page 27 of 42
APPROVALS
STATE OF INDIANA
Office of Management and Budget
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 of Indiana
Date: _________________________________
Page 28 of 42
EXHIBIT A
SIGNAL LOCATION LIST
Commission
#
Signal
Class Location Description City
01-071-213 01-Signals SR 23 @ US 20/31 WB RAMPS SOUTH BEND
01-071-212 01-Signals SR 23 @ US 20/31 EB RAMPS SOUTH BEND
01-071-211 01-Signals SR 23 (Prairie Ave.) @ NEW ENERGY DR. SOUTH BEND
01-071-210 01-Signals US 31 (new) @ exit Ramps at Kern Rd RURAL
01-071-209 01-Signals SR 23 (S Bend Ave) @ Twyckenham Dr SOUTH BEND
01-071-208 01-Signals SR 23 (S Bend Ave) @ Howard/Corby SOUTH BEND
01-071-207 01-Signals SR 23 (Eddy St) @ S.Bend/Campeau St SOUTH BEND
01-071-206 01-Signals SR 331 @ I 80/90 Toll Road Ramps MISHAWAKA
01-071-205 01-Signals SR 23 @ ELM RD GRANGER
01-071-204 01-Signals SR 23 (Liberty Hwy) @ Mayflower Rd. SOUTH BEND
01-071-203 01-Signals SR 331 & DAY -- offset -1210.858 (ft.) MISHAWAKA
01-071-202 01-Signals SR 331 & MC KINLEY MISHAWAKA
01-071-201 01-Signals SR 23 @ PRINCESS WAY GRANGER
01-071-200 01-Signals SR 331 @ DOUGLAS -- offset -34.34636 (ft.) MISHAWAKA
01-071-199 01-Signals US 31 @ BRICK ROAD SOUTH BEND
01-071-197 01-Signals SR 23 @ BRICK RD. GRANGER
01-071-195 01-Signals SR 331 (CAPITOL AVE) @ CLEVELAND RD MISHAWAKA
01-071-194 01-Signals SR 331 (CAPITOL AVE) @ JEFFERSON AVE MISHAWAKA
01-071-193 01-Signals SR 331 (ELM RD) @ 12TH ST MISHAWAKA
01-071-192 01-Signals SR 2 @ QUINCE RD RURAL
01-071-191 01-Signals SR 933 @ DORR RURAL
01-071-189 01-Signals SR 23 & CLEVELAND-E JCT RURAL
01-071-188 01-Signals SR 933 @ TOLL ROAD RURAL
01-071-179 01-Signals US20(ByPass) @ RR331 SRam SOUTH BEND
01-071-178 01-Signals US 20 (BY PASS) @IRONWOOD SOUTH BEND
01-071-177 01-Signals SR 933 @ BITTERSWEET RD MISHAWAKA
01-071-176 01-Signals SR 23 @ Adams Rd. GRANGER
01-071-175 01-Signals SR 23 @ Capital & Clover GRANGER
01-071-172 01-Signals SR 23(Cleveland)@ Gumwood MISHAWAKA
01-071-170 01-Signals SR 23 @ Fir Rd. RURAL
01-071-168 01-Signals SR 933(DIXIE HWY)@DOUG & ST. MARY RURAL
01-071-166 01-Signals SR 23 @ UNVERSITY PARK MALL S entrance MISHAWAKA
01-071-163 01-Signals SR 23 @ Olive & Locust SOUTH BEND
01-071-160 01-Signals SR 933 @ CENTER ST.(100') MISHAWAKA
Page 29 of 42
01-071-156 01-Signals SR 23 @ Douglas Rd. MISHAWAKA
01-071-155 01-Signals SR 331 @ SR 933 MISHAWAKA
01-071-154 01-Signals SR 23 @ Bittersweet Rd. GRANGER
01-071-149 01-Signals SR 23(Cleveland) @ Grape MISHAWAKA
01-071-148 01-Signals SR 23 @ SR 23/CLEVELAND W-JCT MISHAWAKA
01-071-147 01-Signals SR 933 @ BALLARD AVE MISHAWAKA
01-071-144 01-Signals SR 933 (MAIN ST) @ WASHINGTON ST. SOUTH BEND
01-071-143 01-Signals SR 933 @ JEFFERSON BLVD. SOUTH BEND
01-071-142 01-Signals SR 933 @ WAYNE ST. SOUTH BEND
01-071-141 01-Signals SR 933 (Main St.) @ Monroe SOUTH BEND
01-071-140 01-Signals SR 933(MAIN) @ SOUTH ST. SOUTH BEND
01-071-139 01-Signals SR 933(MAIN) @ BRONSON ST. SOUTH BEND
01-071-124 01-Signals SR 933 @ SR 219/ASH RD. OSCEOLA
01-071-120 01-Signals SR 933(DIXIE HWY) @ AUTEN RD. RURAL
01-071-116 01-Signals SR 933 @ BEECH RD. OSCEOLA
01-071-113 01-Signals SR 23 @ Madison St. SOUTH BEND
01-071-112 01-Signals SR 23 @ LaSalle Ave. SOUTH BEND
01-071-111 01-Signals SR 23 @ Jefferson Blvd. SOUTH BEND
01-071-110 01-Signals SR 23 (SAMPLE)/SR 933 @ FELLOWS ST SOUTH BEND
01-071-109 01-Signals SR 933(S. MAIN) @ SR 23(SAMP) SR 933 SB - ONE WAY SOUTH BEND
01-071-108 01-Signals SR 23 (Sample St.) @ LaFayette SOUTH BEND
01-071-105 01-Signals SR 933(Lincolnway E.) @ Russell Ave. MISHAWAKA
01-071-098 01-Signals SR 23 (Samp)&(Prair)&Chapi SOUTH BEND
01-071-096 01-Signals SR 23 @ Edison Rd. SOUTH BEND
01-071-092 01-Signals SR 23 @ Ironwood Dr. SOUTH BEND
01-071-084 01-Signals SR 933 @ BEIGER ST. MISHAWAKA
01-071-083 01-Signals SR 933 @ BYRKIT ST. MISHAWAKA
01-071-081 01-Signals SR 933 @ MERRIFIELD AVE. MISHAWAKA
01-071-080 01-Signals SR 933 @ CEDAR ST. MISHAWAKA
01-071-079 01-Signals SR 933 @ CHURCH ST. MISHAWAKA
01-071-078 01-Signals SR 933 @ SR 331(MAIN ST.) MISHAWAKA
01-071-076 01-Signals SR 933 @ SPRING ST. MISHAWAKA
01-071-075 01-Signals SR 933 @ WEST ST. MISHAWAKA
01-071-074 01-Signals SR 933 @ LOGAN ST. MISHAWAKA
01-071-073 01-Signals SR 933(LINCOLNWAY) @ IRONWOD SOUTH BEND
01-071-072 01-Signals SR 933 @ TWYKENHAM DR. SOUTH BEND
01-071-071 01-Signals SR 933 @ MIAMI ST. SOUTH BEND
01-071-070 01-Signals SR 933 @ SR 23(SAMPLE) SOUTH BEND
Page 30 of 42
01-071-067 01-Signals SR 933(DIXIE HWY) @ DARDEN RD. RURAL
01-071-066 01-Signals SR 933(DIXIE HWY) @ CLEVELAND DR ROSELAND
01-071-064 01-Signals SR 933(DIXIE HWY) @ PENDLE ROSELAND
01-071-063 01-Signals SR 933 @ ST. MARY RURAL
01-071-062 01-Signals SR 933 @ ANGELA BLVD. SOUTH BEND
01-071-061 01-Signals SR 933(Michigan St.) @ North Shore Dr. SOUTH BEND
01-071-060 01-Signals SR 933 @ NAVARRE ST. SOUTH BEND
01-071-050 01-Signals SR 933(S. MICH)@ SR 23(SAMPLE) SR 933 NB-ONE WAY SOUTH BEND
01-071-037 01-Signals SR 23 @ Indiana Ave. SOUTH BEND
01-071-036 01-Signals SR 23 @ Oliver & Dubail SOUTH BEND
01-071-029 01-Signals SR 23 (EDDY) @ COLFAX AVE SOUTH BEND
01-071-025 01-Signals SR 933 (MAIN) @ COLFAX SOUTH BEND
01-071-024 01-Signals SR 933 (MAIN) @ LA SALLE SOUTH BEND
01-071-014 01-Signals SR 933 (MAIN ST) @ WESTERN AVE SOUTH BEND
01-071-198 01-Signals SR 331 (Elm Rd) @ Dragoon Trail MISHAWAKA
01-071-065 01-Signals SR 933 (Dixie Hwy) @ Willow Dr ROSELAND
02-071-003 02-Flashers US 20 @ Quince Rd. RURAL
02-071-016 02-Flashers SR 23(Eddy St.) @ 140' S of Chalfant St. SOUTH BEND
02-071-017 02-Flashers SR 23(Eddy St.) @ 197' N of Champeau St. SOUTH BEND
02-071-028 02-Flashers SR 933(Lincolnway E.) 900'W. of Beiger St. MISHAWAKA
02-071-031 02-Flashers SR 331 @ Kern Rd. RURAL
02-071-032 02-Flashers SR 933 @ MISHAWAKA HIGH SCHOOL MISHAWAKA
02-071-035 02-Flashers SR 2(Western Ave.) @ Pine Rd. RURAL
02-071-037 02-Flashers SR 933(Dixie Hwy) @ 700' N. of St. Mary's Entr. RURAL
02-071-038 02-Flashers SR 933(Dixie Hwy) @ 700' S. of St. Mary's Entr. RURAL
02-071-039 02-Flashers SR 23(Prairie) @ Ewing Ave. SOUTH BEND
02-071-040 02-Flashers US 31(By Pass) @ Brick Rd. W Ramp SOUTH BEND
02-071-042 02-Flashers SR 933 @ 75W' CHARLES & 195W RAY (TWIN BRANCH) MISHAWAKA
02-071-043 02-Flashers SR 933 (LINCOLNWAY E.) @ MISHAWAKA HIGH
SCHOOL MISHAWAKA
02-071-052 02-Flashers SR 331 (ELM) @ NEW ROAD RURAL
88 Signals
14 Flashers
100 Locations
Page 31 of 42
EXHIBIT B
UNIT RATES
I. Non-Scheduled Maintenance:
A. Actuated Signal $89.07/ Intersection
B. Flasher $29.39/ Intersection
C. Locate Intersection $156.97/ Intersection
D. Install controller cabinet $553.26/ Each
E. Pole, Span, Catenary or Tether, Replace $750.00/ Each
F. Loop Testing $176.48/ Each
II. Scheduled Preventative Maintenance:
A. Actuated Signal $115.79/ Intersection
B. Flasher $57.89/ Intersection
C. LED Upgrade $23.24/ Indication
Page 32 of 42
EXHIBIT C
SIGNAL PREVENTATIVE MAINTENANCE CHECKLIST
1. Signal Indications:
□ All lights operating and in proper sequence
2. Signal Heads:
□ Proper height (visual check)
□ Proper alignment: Horizontal, vertical, and rotation, check aiming of program heads.
□ No visors missing, broken, or missing
□ Check for missing pinnacles
□ Visibility, sight distance correct
3. Overhead Spans, Cables, and Signs:
□ Proper spacing of cable rings
□ Tether broken, loose, missing
□ Sagging or loose spans or “A” wires
□ Check to ensure all signs are installed and in satisfactory condition
4. Service Disconnect Box:
□ Box and Conduit mounted securely
□ All connections snug
□ Ground wire secured to pole
□ Ground rod clamp snug – if possible
□ Proper voltage - summer months only
□ Door closes securely
□ Lock on securely, lubricate lock
□ General inspection for condition; missing covers, etc.
Page 33 of 42
5. Actuated Signal Controllers & Fixed-timed Controllers:
□ Proper operation of front panel displays
□ Detectors picking up vehicles (or pedestrians)
□ Detector putting calls into proper controller phase
□ Controller timing operating correctly – all red, yellow, passage, min. initial, pedestrian clearance
□ Switches in correct position as per timing sheet
□ Load switches secure and set properly
□ Accessory equipment functioning properly
6. Signal Controller Cabinet:
□ Mounted securely to pedestal, pole, or foundation
□ External conduit mounted securely if present
□ Oil door hinges
□ Proper size fuse or breaker
□ Check to see if convenience bulb works
□ Clocks: check programming and time (including day of week)
□ Properly size interconnect fuses
□ Check flasher contacts
□ Ground wire connections snug
□ Sign, put time and date on maintenance card
□ Clean cabinet, change filters
□ Check cabinet to be waterproof
□ Check cabinet condition - note if painting is necessary
□ Cabinet documentation confirmed present
1. Timing sheet present
2. Trouble call card present
Page 34 of 42
3. Routine inspection card present
4. Signal plan sheet and cabinet print present
5. Certification date sticker on malfunction management unit (“MMU”) needs
to be within 15 months; if MMU is out of date at the time of inspection, new
MMU shall be installed
6. Field wires and detector lead-ins tagged
7. Signal Support Structures:
□ Plumb or slightly raked
□ Good physical condition
□ Check for need of painting
□ External conduit mounted securely, if present
8. Detection and Signs:
□ Check condition of detection on all approaches, look for condition indicative of upcoming failure
□ Signal Related Signs - check to see if all required signs are in proper position and in satisfactory condition
9. Special Markings:
□ Condition of stop bars
□ Condition of cross walks
Comments (Issues that need addressed):
Page 35 of 42
EXHIBIT D
FLASHER PREVENTATIVE MAINTENANCE CHECKLIST
1. Signal Indications:
□ All lights operating
2. Signal Heads:
□ Proper height (visual check)
□ Proper alignment: Horizontal, vertical, and rotation, check aiming of program heads.
□ No visors missing, broken, or missing
□ Check for missing pinnacles
□ Visibility, sight distance correct
3. Overhead Spans, Cables, and Signs:
□ Proper spacing of cable rings
□ Tether broken, loose, missing
□ Sagging or loose spans or “A” wires
□ Check to insure all signs are installed and in satisfactory condition
4. Service Disconnect Box:
□ Box and Conduit mounted securely
□ All connections snug
□ Ground wire secured to pole
□ Ground rod clamp snug – if possible
□ Proper voltage - summer months only
□ Door closes securely
□ Lock on securely, lubricate lock
□ General inspection for condition; missing covers, etc.
Page 36 of 42
5. Flasher Cabinet:
□ Mounted securely to pedestal, pole, or foundation
□ External conduit mounted securely if present
□ Check fan operation
□ Check Cabinet cleanliness
□ Connections snug
6. School Flasher Equipment
□ Current School timings sheet present
□ Timer programmed to match school timings
□ Timer, Date & Time correct
□ All cables correctly labeled
□ Cabinet maintenance cards present
Comments (Issues that need addressed):
Page 37 of 42
EXHIBIT E
SIGNAL WORK ACTIVITY REPORT
CITY STATE COUNTY SOUTH BEND COMM. SCHOOLS PRIVATE SCHOOLS
DATE: TIME:
NOTIFIED BY: COMMISSION NO.
STARTED CASE ROUTE NO.
ARRIVED AT LOCATION PRIMARY ST.
MADE ELECTRICAL SAFE CROSS ST.
TURNED ON FLASH OWNER:
STOP SIGNS INSTALLED BY: POLICE DEPT. ON SCENE:
REPORTED TO DISPATCHER UNIT ASSISTING:
CASE NUMBER:
JOB COMPLETED HIT AND RUN:
TIME RETURNED TO PREVIOUS JOB SUPERVISOR CONTACTED:
TIME RETURNED TO SHOP / HOME TRAFFIC SIGNAL / STREETLIGHT:
DESCRIPTION OF PROBLEM CALLED TO YOU:
DESCRIPTION OF WORK PERFORMED TO CORRECT PROBLEM:
MATERIALS USED:
QUANTITY DESCRIPTION UNIT COST CHARGES
NAME:
TYPE
EQUIPMENT:
Page 38 of 42
EXHIBIT F
DEPARTMENT PROVIDED MATERIALS LIST
Material Description
--------------------------------------------------------------
• Signal Control Cabinets
• Signal Control Equipment
o MMU
o B.I.U.
o Controllers (ASC 2, ASC 3, etc.)
o Load Switches
o Flashers
o Power Supplies
o Detection Amps
o Flash Transfer Relays
o K-Relays
• Signal and Pedestrian Heads, Back Plates, Visors
• Pedestrian Push Buttons
• Span Mount Junction Box
• Padlocks
• Breaker, 50 AMP - for replacement only
• Ring & Cover, Heavy Duty – for replacement only
• Pedestal Base, Aluminum
• Pipe, Aluminum, 4” X 2’
• Pipe, Aluminum, 4” X 9’
• Cap, Aluminum, 4”
• Detector Housing, Aluminum
• Signal Poles
• Signal Arms
Page 39 of 42
EXHIBIT G
STOCK TRANSFER REPORT
Quantity Item # Item Description
Delivered
By:
Print
Sign Date
Received
By:
Print
Sign Date
Page 40 of 42
EXHIBIT H
Page 41 of 42
Page 42 of 42
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 08/04/2021
Name Eric Horvath
Department
Engineering
BPW Date 08/10/2021 Phone Extension
Review and Approval Required Prior to Submittal to Board Diversity Compliance
and Inclusion Officer Officer Name BPW Attorney X Attorney Name Clara McDaniels
Dept. Attorney Attorney Name
Purchasing
Check the Appropriate Item Type – Required for All Submissions
X 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: Ease./Encroach
Required Information
Company or Vendor Name Indiana Department of Transportation
New Vendor Yes If Yes, Approved by Purchasing
No
MBE/WBE Contractor MBE
WBE Completed E-Verify Form Attached Yes
No
Project Name
Project Number
Funding Source
Account No.
Amount
Terms of Contract
Purpose/Description Provide Routine and Emergency Maintenance of Entire Traffic Signal System
in City and Surrounding Area
_______________________________________________________________
_______________________________________________________________
__________________________________________________
For Change Orders Only
Amount of
Increase
Decrease
$
($ )
Previous Amount $
Current Percent of Change:
Increase
Decrease
%
( %)
New Amount $
Total Percent of Change:
Increase
Decrease
%
( %)