HomeMy WebLinkAboutContract - Construction of School Zone Flashing Beacons DES 1891249 - 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
October 12, 2021
Office of LPA and Grant Administration INDOT LaPorte District
Attention: Director of LPA and Grant Administration 315 East Boyd Blvd.
100 North Senate Ave., Room N955-LPA LaPorte, IN 46350
Indianapolis, IN 46204
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Ave., Room N758
Indianapolis, IN 46204
hkennedy@indot.in.gov
RE: Contract
To Whom It May Concern:
At its October 12, 2021 meeting, the Board of Public Works approved the above
referenced contract for the construction of school zone flashing beacons, DES#1801240 in the
amount of $150,000 City Amount; $600,000 INDOT Amount; Total $750,000 (Final Amount
Established Upon Award Beginning 2022). The contract was executed electronically by Board
President Elizabeth Maradik, the Board’s legal signatory for INDOT contracts, in accordance
with INDOT’s electronic signing policy and the City’s resolution approving the same.
Kindly provide a fully executed copy of the final agreement to our office when available.
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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INDIANA DEPARTMENT OF TRANSPORTATION - LOCAL PUBLIC AGENCY
PROJECT COORDINATION CONTRACT
CONTRACT #0000000000000000000056004
Des. No.: 1801240
LPA DUNS #074327123
CFDA No.: 20.205
This Contract is entered into by and between the State of Indiana, acting by and through the Indiana
Department of Transportation, (hereinafter referred to as "INDOT"), and the CITY OF SOUTH BEND, a
local public agency in the State of Indiana (hereinafter referred to as the "LPA"), and collectively referred
to as the "PARTIES" is executed pursuant to the terms and conditions set forth herein and shall be effective
as of the date of approval by the Office of the Indiana Attorney General. In con sideration of those mutual
undertakings and covenants, the PARTIES agree as follows:
NOTICE TO PARTIES
Whenever any notice, statement or other communication is required under this Contract, it shall be
sent to the following address, unless otherwise specifically advised.
A. Notice to INDOT, regarding contract provisions shall be sent to:
Office of LPA and Grant Administration
Attention: Director of LPA and Grant Administration
100 North Senate Avenue, Room N955-LPA
Indianapolis, Indiana 46204
With a copy to:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis, Indiana 46204
B. Notices to INDOT regarding project management shall be sent to respective District Office:
INDOT LaPorte District
315 East Boyd Boulevard
LaPorte, Indiana 46350
C. Notices to the LPA shall be sent to:
City of South Bend
227 W Jefferson Blvd Suite 1400
South Bend, IN 46601
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RECITALS
WHEREAS, the LPA has submitted an application to receive federal funds for the project
described in Attachment A (the "Project"), which is attached herein and made an integral part of this
Contract; and
WHEREAS, INDOT has approved of the LPA's application for federal funding, and the PARTIES
desire to enter into this Contract to establish the responsibilities for the Project; and
WHEREAS, the LPA shall be responsible for its share of the Project cost a s stated in this
Contract; and
WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal
requirements and fiscally manage the Project; and
WHEREAS, the PARTIES have determined the Project is in the best interests of the cit izens of the
State of Indiana; and
WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8 -23-2-5, 8-23-2-6,
8-23 -4-7, 36-1-4-7, and 36 -1-7-3, and Titles 23 and 49 of the United States Code and Titles 23 and 49 of
the Code of Federal Reg ulations; and
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the
LPA and INDOT agree as follows:
I. PROJECT DESCRIPTION.
1.1. The Parties are entering into this Contract to complete the Project described as follows:
Des. No. 1801240
Program: Group I - HSIP
Type of Project: Traffic Signals, New or Modernized
General Scope/Location: Install School Zone Flashing Beacons
II. LPA RESPONSIBILITIES .
2.1. The LPA shall complete the Project in accordance with INDOT's Design Manual (See
http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations,
policies and guidance, including the INDOT's LPA Guidance Document (See
https://www.in.gov/indot/2390.htm). The LPA or its consultant shall prepare the environmental
document(s) for the Project in ac cordance with INDOT's Environmental Manual (See
http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or its consultant
shall be in accordance with INDOT's Real Estate Manuals (See http://www.in.gov/indot/2493.htm).
2.2. The LPA shall select the consultant in accordance with INDOT's consultant selection procedure for
the consultant services to be eligible for federal funding or federal credits.
2.3. If the LPA contracts with a consultant, contractor, or other agent to co mplete work on the Project, the
LPA may use either the "LPA -CONSULTANT Agreement", which is found at
http://www.in.gov/indot/2833.htm, or an agreement that has been reviewed and approved by INDOT.
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2.4. The LPA shall provide all relevant documents including, but not limited to, all plans, specifications,
and special provisions, to INDOT for its review and approval, which said approval will not be
unreasonably withheld. If INDOT does not approve the LPA submittal, the LPA shall modify the
submittal to secure IN DOT's approval. If the LPA fails to provide a submittal, untimely provides the
submittal, or the submittal is not approvable, the schedule, cost, and federal funds for the Project
may be jeopardized.
2.5. The LPA shall complete all right -of-way acquisition, u tility coordination and acquire the necessary
permit(s) and submit documentation of such to INDOT. The utility coordination shall be in
accordance with 105 IAC 13.
2.6. If the LPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5 above, I NDOT will
not let the construction Project. If INDOT, and FHWA where necessary, approve LPA's submittals,
INDOT shall schedule the Project for letting at the next reasonable date.
2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPA no
later than thirty (30) calendar days from the date of letting.
2.8. The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the
Project. If the LPA fails to make timely payments of the full amount invoiced by INDOT, within
sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating
to this Contract, including the contracts listed in II.A.1 of Attachment A, which is attached hereto
and incorporated herein b y reference, and/or proceed in accordance with I.C. 8 -14 -1 -9 to compel the
Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of
the Motor Vehicle Highway Account to INDOT's account.
2.9. The LPA shall be responsible for all costs associated with additional provisions and/or expenses in
excess of the federal funds allocated to the Project. The LPA, in conjunction with FHWA (if
applicable) and INDOT shall review and approve all change orders submitted by the field Pro ject
Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure
the performance of the work is in accordance with the construction contract, plans and specifications
and any special provisions or approved change orders. If, in INDOT's opinion, the services
enumerated in this Section are deemed to be incompetent, inadequate or are otherwise insufficient,
or if a dispute arises, INDOT s hall, in its sole discretion, have the right to supplement the services or
replace the engineers or inspectors providing these services at the sole expense of the LPA.
2.10.1. If project inspection will be provided by full-time LPA employees, the personnel must b e
employees of the LPA. Temporary employment or retainage -based payments are not
permissible. INDOT must pre -approve, in writing, the LPA's personnel. Only costs incurred
after INDOT's written notice to proceed to the LPA shall be eligible for federal -aid
participation. All claims for federal aid shall be submitted to the District office, referenced
on Page 1 of the Contract for payment.
2.10.2. If project inspection will be provided by the LPA's consultant, INDOT must approve,
in writing, the consultant personnel prior to their assignment to the Project. The LPA shall
execute a contract with a consultant setting forth the scope of work and fees. The LPA shall
submit this contract to INDOT prior to INDOT's Ready for Contracts date for the Project.
Only costs incurred after INDOT's written notice to proceed to the LPA and the LPA's
written notice to proceed to the consultant shall be eligible for federal aid participation. All
claims for federal aid shall be submitted to the District office, referenced on page 1 of t his
Contract for payment.
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2.11. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the
Project's progress and the performance of work per INDOT standard reporting methods. If the
required reports are not submitted, federal funds may be withheld.
2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right -of-way of
said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's
Utility Pro cedure and Accommodation Policy (See http://www.in.gov/indot/2389.htm). The LPA
shall execute written use and occupancy contracts as defined in this Policy.
2.13. If FHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, or otherwise denies or
withholds federal funds (hereinafter called a citation or cited funds) for any reason and for all or any
part of the Project, the LPA agrees as follows:
2.13.1. In the event of a correctable noncompliance, the LPA shall make the corrections to the
satisfaction of FHWA and INDOT in a reasonable amount of time. In the event the LPA
fails to make the required corrections, Sections 2.14.2 and 2.14.3 (as applicable) shall apply.
2.13.2. In the event a citation for noncompliance: (1) is unable to be corrected, (2) the LPA fails to
make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and
INDOT, or (4) for whatever reason the FHWA citation continues in force beyon d a
reasonable amount of time, Section 2.14.2 shall apply and adjustments shall be made as
follows:
A. The LPA shall reimburse INDOT the total amount of all right -of-way costs that are
subject to FHWA citation which have been paid by INDOT to the LPA.
B. If no right -of-way costs have been paid by INDOT to the LPA or on the LPA's behalf,
INDOT shall not pay any claim or billing for right -of-way that is subject to the FHWA
citation.
C. The LPA is not entitled to bill INDOT or to be reimbursed for any of its right -of-way
liabilities or costs that are subject to any FHWA citation in force.
2.13.3. If FHWA issues a citation denying or withholding all or any part of construction costs due
to LPA's noncompliance with right -of-way requirements, and construction work has
commenced, the following shall apply:
A. INDOT may elect to terminate, suspend, or continue construction work in accordance
with the provisions of the construction contract.
B. INDOT may elect to pay its obligations under the provisions of the construction
contract.
C. If the noncompliance can be corrected, the LPA shall make the corrections in a
reasonable amount of time to the satisfaction of FHWA and INDOT.
D. In the event a citation for noncompliance: (1) is unable to be corrected, (2) the LPA
fails to make corrections , (3) the LPA makes corrections which are not acceptable to
FHWA and INDOT, or (4) for whatever reason the FHWA citation continues in force
beyond a reasonable amount of time, and construction work has been terminated or
suspended, the LPA shall reimburse INDOT the full amount the LPA paid for said
construction work, less the amount of federal funds allowed by FHWA.
2.13.4. The LPA shall reimburse INDOT the total cost of the Project not eligible for federal
participation.
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2.13.5. If for any reason INDOT is required to re pay to FHWA the sum(s) of federal funds paid to
the LPA or any other entity through INDOT under the terms of this Contract, then the LPA
shall repay to INDOT such sum(s) within forty -five (45) days after receipt of an invoice
from INDOT. Payment for any a nd all costs incurred by the LPA which are not eligible for
federal funding shall be the sole obligation of the LPA.
III. INDOT RESPONSIBILITIES .
3.1. INDOT shall have full authority and access to inspect and approve all plans, specifications, and
special provisions for the Project, regardless of when those plans, specifications, special provisions,
or other such Project documents were created.
3.2. After the LPA has submitted and INDOT has accepted and/or approved all pre -letting documents,
INDOT will prepare the Engineer's Estimate for construction of the Project.
3.3. If the LPA owes INDOT money which is more than sixty (60) days past due, INDOT will not open
the construction bids for the Project.
3.4. Not later than sixty (60) calendar days after receipt by INDOT o f a certified copy of a resolution
from the LPA's fiscal body authorizing the LPA to make payment to INDOT according to the terms
of Attachment A , and fulfillment of all other pre -letting obligations of this Contract, INDOT shall,
in accordance with applic able laws and rules, including I.C. 8-23 -9, I.C. 8-23-10, and 105 I.A.C. 11,
conduct a scheduled letting.
3.5. Subject to the LPA's written approval, INDOT shall award the construction contract for the Project
according to applicable laws and rules.
3.6. Not later than seven (7) calendar days after INDOT awards the construction contract described
above, INDOT shall invoice the LPA for the LPA's share of the construction cost.
3.7. If INDOT has received the LPA's share of the Project construction cost and if the lowest qualified
bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to
the contractor within fourteen (14) calendar days of its receipt of the LPA's share of the construction
cost.
3.8. INDOT shall have the right and oppo rtunity to inspect any construction under this Contract to
determine whether the construction is in conformance with the plans and specifications for the
Project.
3.9. In the event the engineering, testing, and inspection services provided by the LPA, in the o pinion of
INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or a dispute arises,
INDOT shall, in its sole discretion, have the right to supplement the engineering, testing, and
inspection force or to replace engineers or inspe ctors employed in such work at the expense of the
LPA. INDOT's engineers shall control the work the same as on other federal aid construction
contracts.
3.10. After the final Project audit is approved by INDOT, the LPA shall, within forty -five (45) days after
receipt of INDOT's invoice, make final payment to INDOT pursuant to Attachment A or INDOT
shall, within forty -five (45) days after approval of the audit, refund any Project overpayment to the
LPA.
IV. PROJECT FUNDS .
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4.1. INDOT will not share in the cost of the Project. INDOT will disburse funds from time to time;
however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA.
Payment will be made for the services performed under this Contract in accordance with Attachment
A (Project Funds).
V. TERM AND SCHEDULE.
5.1. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit
prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds
about 7 weeks before the date bids are opened for the construction contract), between July 1, 2021
and June 30, 2022, INDOT will make the federal funds shown in Section I.A. and/or Section I.B. of
Attachment A available for the Project, p rovided the Project is eligible, and provided the federal
funds shown in Section I.B. of Attachment A are available.
5.2. In the event that federal funds for the Project are not obligated during the time listed in Section 5.1, but
the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal
funds can be obligated between July 1, 2022 and June 30, 2024, INDOT will schedule the contract for
letting, provided the Project is eligible, and provided the federal funds shown in Section I.B. of
Attachment A are available.
5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1 or
Section 5.2, the federal funds allocated to the Project may be obligated in the fiscal year chosen by
INDOT or the federal funds allocated to the Project will lapse .
5.4. If the Program is Group I or Group II, Sections 5.1, 5.2 and 5.3 do not apply, but will be obligated
according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is
within their fiscal year allocation.
VI. GENERAL PROVISIONS
6.1. Access to Records . The LPA shall maintain all books, documents, papers, correspondence,
accounting records and other evidence pertaining to the cost incurred under this Contract, and shall
make such materials available at their respective offices at all reasonable times during the period of
this Contract and for five (5) years from the date of final payment under the terms of this Contract,
for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its
authorized representative, and copies thereof shall be furnished free of charge, if requested by
INDOT, and/or FHWA. The LPA agrees that, upon request by any agency participating in federally -
assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or
make available to the agency any working papers from an audit performed by INDOT and/or FHWA
of the LPA in connection with this Contract, including any books, documents, papers, accounting
records and other documentation which suppor t or form the basis for the audit conclusions and
judgments.
6.2 . Assignment of Antitrust Claims . As part of the consideration for the award of this Contract, the
LPA assigns to the State all right, title and interest in and to any claims the LPA now has , or may
acquire, under state or federal antitrust laws relating to the products or services which are the subject
of this Contract.
6.3. Audits . The LPA acknowledges that it may be required to submit to an audit of funds paid through
this Contract. Any such audit shall be conducted in accordance with IC §5 -11-1, et seq., and audit
guidelines specified by the State. The State considers the LPA to be a "sub -recipient" for purposes of
this Contract. However, if required by applicable provisions of the Office of Management and
Budget Circular A -133 (Audits of States, Local Governments, and Non -Profit Organizations),
following the expiration of this Contract the LPA shall arrange for a financial and compliance audit
of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an
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independent public or certified public accountant (or as applicable, the Indiana State Board o f
Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled
"Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from
Governmental Sources," and applicable provisions of the Office of Management and Budget
Circulars A -133 (Audits of States, Local Governments, and Non -Profit Organizations). The LPA is
responsible for ensuring that the audit and any management letters are completed and forwarded to
the State in accordance with the te rms of this Contract.
For audits conducted pursuant to Indiana Code 5-11 -1, and audited by the Indiana State Board of
Accounts on the time schedule set forth by the Indiana State Board of Accounts, the LPA shall
provide to the Indiana State Board of Acc ounts, all requested documentation necessary to audit the
Local Public Agency in its entirety.
If the audit is conducted by an independent public or certified public accountant and not the Indiana
State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of
Accounts within 10 (ten) days of the completion of the aud it.
The audit shall be an audit of the actual entity, or distinct portion thereof that is the LPA, and not of
a parent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit
may be determined by the Indiana State Board of Accounts or the State to be in the best interests of
the State.
6.4. Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized
to execute this Contract on behalf of the LPA, and has obtained all necessary or ap plicable approvals
to make this Contract fully binding upon the LPA when his/her signature is affixed and accepted by
the State.
6.5. Certification for Federal -Aid Contracts Lobbying Activities . The LPA certifies, by signing and
submitting this Contract, to the best of its knowledge and belief that the LPA 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 LPA,
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 agreement, the making of
any Federal gran t, 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 app ropriated 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 connec tion with this 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 LPA also agrees by signing this Contract that it shall require that the language of this
certification be included in all 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.
6.6. Compliance with Laws.
6.6.1. The LPA 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
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incorporated by reference. The enactment or modification of any applicable state or federal
statute or the promulgation of rules or reg ulations there under, after execution of this
Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of
this Contract require formal modification.
6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal
funding to one degree or another when the requirements of Public Law 91 -646 and other
applicable federal and state laws, rules and regulations are not complied with.
6.6.3. The LPA acknowledges paragraph 7 of the Federal Highway Program Ma nual, Volume 7,
Chapter 1, Section 3, entitled "Withholding Federal Participation" which is herewith quoted
in part as follows: "Where correctable noncompliance with provisions of law or FHWA
requirements exist, federal funds may be withheld until complia nce is obtained. Where
compliance is not correctable, the FHWA may deny participation in parcel or project costs
in part or in total."
6.6.4 . The LPA and its agents shall abide by all ethical requirements that apply to persons who
have a business relatio nship 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 LPA 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 Contract,
the LPA shall ensure compliance with the disclosure requirements in IC 4-2-6-10.5 prior to
the execution of this Contract. If the LPA is not familiar with these e thical requirements,
the LPA 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 LPA or its agents violate any
applicable ethical standards, the State may, in its sole discretion, terminate this Contract
immediately upon notice to the LPA. In addition, the LPA may be subject to penalties
under IC §§4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
6.6.5. The LPA warrants that the LPA and its contractors shall obtain and maintain all required
permits, licenses, registrations, and approvals, and shall comply with all health, safety, and
environmental statutes, rules, or regulations in the performance of work activities under this
Contract. Failure to do so may be deemed a material breach of this Contract and grounds
for immediate termination and denial of further work with the State.
6.6.6. As required by IC §5-22-3-7:
(1) The LPA and any principals of the LPA certify that:
A. the LPA, 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 [Regu lation 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 LPA will not violate the terms of IC §24-4.7 for the duration of the Contract,
even if IC §24-4.7 is preempted by federal law.
(2) The LPA and any officials of the LPA certify that an affiliate or official of the LPA and
any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA
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 Contract, even if
IC §24-4.7 is preempted by federal law.
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6.7. Debarment and Suspension.
1. The LPA certifies by entering into this Contract that neither it nor its principals nor any of its
contractors are presently debarred, suspended, proposed for debarment, declared ineligible or
volunta rily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State of Indiana. The term "principal" for
purposes of this Contract 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 LPA.
2. The LPA certifies that it will verify the state and federal suspension and debar ment status for all
contractors receiving funds under this Contract and shall be solely responsible for any
recoupment, penalties or costs that might arise from use of a suspended or debarred contractor.
The LPA shall immediately notify INDOT if any contractor becomes debarred or suspended,
and shall, at INDOT's request, take all steps required by INDOT to terminate its contractual
relationship with the contractor for work to be performed under this Contract.
6.8. Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or a LPA
Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall
constitute a breach of this Contract and, after notification, may result in termination of this Contract
or such remedy as INDOT deems appropriate.
The referenced section requires the following policy and disadvantaged business enterprise ("DBE")
assurance to be included in all subsequent contracts between the LPA and any contractors, vendors
or suppliers:
The LPA shall not discriminate on the basis of race, color, national origin, or sex in the
performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR
Part 26 in the award and administration of DOT -assisted contracts. Failure by the LPA to
carry out these requirements is a material breach of this Contract, which may result in the
termination of this Contract or such other remedy, as INDOT, as the recipient, deems
appropriate.
As part of the LPA's equal opportunity affirmative action program, it is required that the LPA shall
take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and
to utilize disadvantaged business enterprise contractors, vendors or suppliers.
6.9. Disputes .
6.9.1. Should any disputes arise with respect to this Contract, the LPA and INDOT agree to act
immediately to resolve such disputes. Time is of the essence in the resolution of disputes.
6.9.2. The LPA agrees that, the existence of a dispute notwithstanding, it shall cont inue without
delay to carry out all of its responsibilities under this Contract that are not affected by the
dispute. Should the LPA fail to continue to perform its responsibilities regarding all non -
disputed work, without delay, any additional costs incu rred by INDOT or the LPA as a
result of such failure to proceed shall be borne by the LPA.
6.9.3. If a party to the contract is not satisfied with the progress toward resolving a dispute, the
party must notify in writing the other party of this dissatisfa ction. Upon written notice, the
PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this
period, following the notification to resolve the dispute. If the dispute is not resolved
within ten (10) working days, a dissatisfied pa rty will submit the dispute in writing
according to the following procedure:
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6.9.4. The PARTIES agree to resolve such matters through submission of this dispute to the
Commissioner of INDOT. The Commissioner shall reduce a decision to writing and mail
or otherwise furnish a copy thereof to the LPA within ten (10) working days after
presentation of such dispute for action. The presentation may include a period of
negotiations, clarifications, and mediation sessions and will not terminate until the
Commiss ioner or one of the PARTIES concludes that the presentation period is over. The
Commissioner's decision shall be final and conclusive unless either party mails or otherwise
furnishes to the Commissioner, within ten (10) working days after receipt of the
Commissioner's decision, a written appeal. Within ten (10) working days of receipt by the
Commissioner of a written request for appeal, the decision may be reconsidered. If a party
is not satisfied with the Commissioner's ultimate decision, the dissatisfied party may submit
the dispute to an Indiana court of competent jurisdiction.
6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The
unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in
accordance with the terms of this Contract will not be cause for LPA to terminate t his
Contract, and the LPA may bring suit to collect these amounts without following the
disputes procedure contained herein.
6.10. Drug-Free Workplace Certification . As required by Executive Order No. 90 -5 dated April 12,
1990, issued by the Governor of Indiana, the LPA hereby covenants and agrees to make a good faith
effort to provide and maintain a drug -free workplace. The LPA will give written notice to the State
within ten (10) days after receiving actual notice that the LPA, or an employee of the LP A 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 Contract 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 Contract is
in excess of $25,000.00, the LPA 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 LPA's workplace, and specifying the actions that will be t aken 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 LPA'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 (1) above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the LPA of any criminal drug statute conviction for a violation
occurring in the workplace no later than five (5) days after such convict ion;
D. Notifying the State in writing within ten (10) days after receiving notice from an employee
under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (3)(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 termina tion; or (2) requiring such employee to
satisfactorily participate in a drug abuse assistance or rehabilitation program approved for
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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.
6.11. Employment Eligibility Verification . The LPA affirms under the penalties of perjury that they do not
knowingly employ an unauthorized alien. The LPA further agrees that:
A. The LPA 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 LPA is not required to
participate should the E-Verify program cease to exist. Additionally, the LPA is not required to
participate if the LPA is self-employed and do not employee any employees.
B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not
retain an employee or contract with a person that the LPA subseq uently learns is an
unauthorized alien.
C. The LPA shall require its contractors, who perform work under this Contract, to certify to the
LPA that the contractor does not knowingly employ or contract with an unauthorized alien and
that the contractor has en rolled and is participating in the E-Verify program. The LPA agrees to
maintain this certification throughout the duration of the term of a contract with a contractor.
The State may terminate for default if the LPA fails to cure a breach of this provision no
later than thirty (30) days after being notified by the State.
6.12. Force Majeure . In the event that any Party is unable to perform any of its obligations under this
Contract 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 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 Contract 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
Contract.
6.13. Funding Cancellation Clause . As required by Financial Management Circular 2007-1 and IC 5-22-
17 -5, when the Director of the State Budget Agency makes a written determination that funds are not
appropriated or otherwise available to support continuation of the performance of this Contract, this
Contract shall be canceled. A determination by the Director of the State Budget Agen cy that funds
are not appropriated or otherwise available to support continuation of performance shall be final and
conclusive.
6.14. Governing Laws . This Contract 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.
6.15. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmle ss the State of
Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees,
individually and/or jointly, from any and all claims, demands, actions, liability and/or liens that may
be asserted by the LPA and/or by any ot her person, firm, corporation, insurer, government or other
legal entity, for any claim for damages arising out of any and all loss, damage, injuries, and/or other
casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or
other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone
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on or off the right -of-way, arising out of or resulting from the performance of the contract or from
the installation, existence, use, maintenance, cond ition, repairs, alteration and/or removal of any
equipment or material, whether due in whole or in part to the acts and/or omissions and/or negligent
acts and/or omissions:
A. of the State of Indiana, INDOT, and/or its/their officials, agents, representa tives, attorneys
and/or employees, individually and/or jointly;
B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees,
individually and/or jointly;
C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged
in the performance of the contract; and/or
D. the joint negligence of any of them, including any claim arising out of the Worker's
Compensation law or any other law, ordinance, order, or decree.
The LPA also agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
employees, individually and/or jointly, in connection herewith in the event that the LPA shall default
under the provisions of this section.
The LPA also agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representat ives, attorneys, and/or
employees, individually and/or jointly, in asserting successfully a claim against the LPA for
indemnity pursuant to this contract. INDOT will not provide indemnification to the LPA.
6.16. Merger & Modification . This Contract cons titutes the entire agreement between the PARTIES.
No understandings, agreements, or representations, oral or written, not specified within this Contract
will be valid provisions of this Contract. This Contract may not be modified, supplemented or
amended , in any manner, except by written agreement signed by all necessary PARTIES.
6.17. Non-Discrimination.
6.17.1 . 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, the LPA
covenants that it shall not discriminate against any employee or applicant for
employment relating to this Contract with respect to the hire, tenur e, terms, conditions or
privileges of employment or any matter directly or indirectly related to employment,
because of the employee's or applicant's race, color, national origin, religion, sex, age,
disability, ancestry, status as a veteran, or any other characteristic protected by federal,
state or local law ("Protected Characteristics"). The LPA 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 Contract , 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 LPA or any subcontractor.
6.17.2. INDOT is a recipient of federal funds, and therefore, where applicable, the LPA and any
subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to 41 CFR Chapter 60, as amend ed, and Section 202 of Executive
Order 11246 as amended by Executive Order 13672.
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The LPA agrees that if the LPA employs fifty (50) or more employees and does at least
$50,000.00 worth of business with the State and is not exempt, the LPA will comply with
the affirmative action reporting requirements of 41 CFR 60 -1.7. The LPA 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 Contract.
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).
6.17.3. During the performance of this Contract, the LPA, for itself, its assignees and successors
in interest (hereinafter referred to as the "LPA") agrees to the following assurances under
Title VI of the Civil Rights Act of 1964:
A. Compliance with Regulations : The LPA 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 here in incorporated by
reference and made a part of this Contract.
B. Nondiscrimination : The LPA , with regard to the work performed by it during the
Contract, shall not discriminate on the grounds of race, color, sex, sexual orientation,
gender identity, nation al 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 LPA shall not participate either directly or indirectly
in the discriminat ion prohibited by section 21.5 of the Regulation, including
employment practices when the Contract covers a program set forth in Appendix B
of the Regulations.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment : In all solicitations either by competitive bidding or negotiation made by
the LPA 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 LPA of the LP A 's obligations under this Contract, 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.
D. Information and Reports : The LPA shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by the Indiana Dep artment of Transportation and Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where any information required of a LPA is in
the exclusive possession of another who fails or refuses to furnish this information,
the LPA shall so certify to the Indiana Department of Transportation or the Federal
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Highway Administration as appropriate, and shall set forth what efforts it has made
to obtain the information.
E. Sanctions for Noncompliance : In t he event of the LPA 's noncompliance with the
nondiscrimination provisions of this Contract, the Indiana Department of
Transportation shall impose such contract sanctions as it or the Federal Highway
Administration may determine to be appropriate, including , but not limited to: (a)
withholding payments to the LPA under the Contract until the LPA complies, and/or
(b) cancellation, termination or suspension of the Contract, in whole or in part.
F. Incorporation of Provisions : The LPA shall include the provisio ns of paragraphs a
through f in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, or directives issued pursuant thereto.
The LPA shall take such action with respect to any subcontract or procurement as the Indiana
Department of Transportation or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for non -compliance, provided, ho wever, that in the
event the LPA becomes involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the LPA may request the Indiana Department of Transportation to enter
into such litigation to protect th e interests of the Indiana Department of Transportation, and, in
addition, the LPA may request the United States of America to enter into such litigation to protect
the interests of the United States of America.
6.18. Payment. All payments (if any) sha ll 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 LPA 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 Contract except as permitted
by IC §4-13-2-20.
6.19. Penalties, Interest and Attorne y'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, I.C. 5-17-5, I.C. 34-54-8, and I.C. 34-13-1.
Notwithstanding the provisions contained in IC §5-17 -5, any liability resulting from the State's failure
to make prompt payment shall be based solely on the amount of funding originating from the State and
shall not be based on funding from federal or other sources.
6.20. Pollution Control Requirements . If this Contract is for $100,000 or more, the LPA:
A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued
pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution
Control Act, as amended;
B. Agrees to comply with all of the requirements of the Clean Air Act (including section 114 )
and the Federal Water Pollution Control Act (including section 308) and all regulations and
guidelines issued there under; and
C. Stipulates, as a condition of federal aid pursuant to this Contract, it shall notify INDOT and
the FHWA of the receipt of any advice indicating that a facility to be utilized in performance
under or to benefit from this Contract is under consideration to be listed on the EPA List of
Violating Facilities.
6.21 Severability. The invalidity of any section, subsection, clause o r provision of the Contract shall not
affect the validity of the remaining sections, subsections, clauses or provisions of the Contract .
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6.22. Status of Claims . The LPA shall be responsible for keeping INDOT currently advised as to the status
of any claims made for damages against the LPA resulting from services performed under this Contract.
The LPA shall send notice of claims related to work under this Contract to:
Chief Counsel
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis, Indiana 46204-2249
6.23. General. This Contract represents the entire understanding between the PARTIES relating to the
subject matter and supersedes any and all prior oral and/or written communications, understandings
or agreements relating to the subject matter. Any amendment or modification to this Contract must
be in writing and be signed by duly authorized representatives of the PARTIES (and by all necessary
approving State agencies or parties). Neither this Contract nor any portions of it may be assigned,
licensed or otherwise transferred by the LPA without the prior written consent of INDOT. This
Contract will be binding upon the PARTIES and their permitt ed successors or assigns. Failure of
either Party to enforce any provision of this Contract will not constitute or be construed as a waiver
of such provision or of the right to enforce such provision. 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 Contract. The Recitals and
"Notice to PARTIES" on page 1 of the Contract are hereby made an in tegral part and specifically
incorporated into this Contract.
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Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the LPA, or that the
undersigned is the properly authorized representative, agent, member or officer of the LPA. Further, to the
undersigned's knowledge, neither the un dersigned nor any other member, employee, representative, agent
or officer of the LPA, directly or indirectly, has entered into or been offered any sum of money or other
consideration for the execution of this Contract other than that which appears upon th e 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 Contract, the Party
attests to compliance with the disclosur e requirements in IC 4 -2 -6 -10.5.
Agreement to Use Electronic Signatures
I agree, and it is my intent, to sign this Contract by accessing State of Indiana Supplier Portal using the
secure password assigned to me and by electronically submitting this Cont ract to the State of Indiana. I
understand that my signing and submitting this Contract in this fashion is the legal equivalent of having
placed my handwritten signature on the submitted Contract and this affirmation. I understand and agree
that by electronically signing and submitting this Contract in this fashion I am affirming to the truth of the
information contained therein. I understand that this Contract will not become binding on the State until it
has been approved by the Department of Administration, the State Budget Agency, and the Office of the
Attorney General, which approvals will be posted on the Active Contracts Database:
https://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI_CUSTOM_APPS.SOI_PUBLIC_CNTRCTS.GBL
In Witness Whereof, the LPA and the State have, through their duly authorized representatives, entered
into this Contract. The PARTIES, having read and understood the foregoing terms of this Contract, do by
their respective signatures dated below agree to the terms thereof.
CITY OF SOUTH BEND Indiana Department of Transportation
By:\s1\ ___________________________ By:\s 2\______________________
Title:\t1\______________________________ Title:\t 2\_______________________
Date:\d1\_________________________ Date:\d 2\_____________________
Electronically Approved by: Electronically Approved by:
Department of Administration State Budget Agency
By: (for) Dr. Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director
Form approval has been granted by the
Office of the Attorney General pursuant to
IC 4 -13-2 -14.3(e) on October 22, 2020.
FA 20-82
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ATTACHMENT A
PROJECT FUNDS
I. Project Costs.
A. This contract is just for the one (1) phase checked below:
Preliminary Engineering or
Right-of-Way or
X
Construction;
B. If the Program is receiving federal -aid funds for the project, the LPA is allocated the funds
through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or
negative) to the dollar amount listed in the TIP, or any increase or d ecrease in the funding
from a prior year, authorized by the MPO that may not be reflected in the current TIP, are
hereby considered adjustments to the contract between the LPA and INDOT, as the MPO
must maintain fiscal constraint for all projects listed. Federal funds made available to the
LPA by INDOT will be used to pay 80% of the eligible Project costs. The maximum amount
of federal-aid funds allocated to the Project is dependent upon the current TIP allocation. As
of this date, July 30, 2021 , the maximum amount according to the TIP dated April 11, 2018,
is $600,000.00 . The most current MPO TIP page, or MPO authorization, is uploaded into
INDOT's Scheduling Project Management System (SPMS).
OR
C. Federal-aid Funds made available to the LPA by INDOT will be used to pay % of the
eligible Project costs. The maximum amount of federal funds allocated to the project is $ .
D. The LPA underst ands and agrees that it is INDOT's policy to only allow non -discretionary
changes to a Project scope after bidding. Changes to the Project scope after bidding that are
by the choice of the LPA and are not required to complete the Project will not be eligi ble for
federal-aid funds and must be funded 100% locally.
E. The LPA understands and agrees that the federal-aid funds allocated to the Project are
intended to accomplish the original scope of the Project as designed. If the Project bid prices
are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining
balance of federal-aid funds will revert back to the Local Program.
F. If the Program is Group I or Group II, Section E. does not apply. If the Project bid prices are
lower than estimated, the LPA may not utilize those federal-aid funds and the remaining
balance of federal-aid funds will revert back to the MPO.
G. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt,
INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in
a document (which specifically references section I.D. of Attachment A of this Contract)
signed by an authorized representative of INDOT, the Indiana Department of Administration,
State Bud get Agency, and the Attorney General of Indiana.
H. Every project must have a project end date based upon the reasonable timeframe for the
project phase to be completed. If a project end date lapses, the project is no longer eligible for
federal reimbursement in accordance with 2 CFR 200. See https://www.in.gov/indot/2833.htm.
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I. Costs will be eligible for FHWA participation provided that the costs:
(1) Are for work performed for activities eligible under the section of title 23, U.S.C.,
applicable to the class of funds used for the activities;
(2) Are verifiable from INDOT's or the LPA's records;
(3) Are necessary and reasonable for proper and efficient accomplishment of project
objectives and meet the other criteria for allowable costs in the applicable cost
principles cited in 49 CFR 18.22;
(4) Are included in the approved budget, or amendment thereto; and
(5) Were not incurred prior to FHWA authorization.
II. Billings.
A. Billing:
1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or
railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs.
The LPA shall pay the invoice within thirty (30) calendar days from date of INDOT's
billing.
2. The LPA understands time is of the essence regarding the Project timeline and costs and
delays in payment may cause substantial time delays and/or increased costs for the
Project.
3. If the LPA has not paid the full amount due within sixty (60) calendar days past the due
date, INDOT shall be authorized to cancel all contracts relating to this Contract,
including the contracts listed in II.A.1 of Attachment A and/or proceed in accordance
with I.C. 8 -14 -1 -9 to compel the Auditor of the State of Indiana to make a mandatory
transfer of funds from the LPA's allocation of the Motor Vehicle Highway Account to
INDOT's account.
4. Federal funds on projects which have not been billed for a twelve (12) month period are
considered inactive and must be removed from the project in accordance with 2 CFR 200.
To receive federal funding within the twelve (12) month period, INDOT must recei ve a
billing within nine (9) months. See https://www.in.gov/indot/2833.htm.
III. Repayment Provisions.
If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds
paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay
to INDOT such sum or sums within thirty (30) days after receipt of a billing from INDOT. If the
LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT
may proceed in accordance wit h I.C. 8-14 -1-9 to compel the Auditor of the State of Indiana to
make a mandatory transfer of funds for the LPA's allocation of the Motor Vehicle Highway
Account to INDOT's account until the amount due has been repaid.
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