HomeMy WebLinkAboutAmendment No 1 to INDOT Local Public Agency Project Coordination Contract Phase I – 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
January 11, 2022
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: Amendment No. 1 to INDOT Local Public Agency Project Coordination Contract
To Whom It May Concern:
At its January 11, 2022 meeting, the Board of Public Works approved the above
referenced amendment to extend the term and schedule for the Coal Line Trail Phase I
DES#1401810, from July 1, 2022 to June 30, 2023. The amendment 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/ Laura Hensley/Acting
Clerk
Enclosures
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CONTRACT #0000000000000000000060002
AMENDMENT #1 TO THE
INDIANA DEPARTMENT OF TRANSPORTATION
LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT
EDS No.: A249-16-L160016
Des No.: 1401810
DUNS #074327123
CFDA #: 20.205
This Amendment, is made by and between the State of Indiana, acting by and through the Indiana
Department of Transportation (hereinafter referred to as "INDOT"), and CITY OF SOUTH BEND
(hereinafter referred to as the "LPA"), and jointly 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 consideration of those mutual undertakings and covenants, the Parties agree
as follows:
RECITALS
WHEREAS, the Parties entered into a Local Public Agency Coordination Contract under EDS A249-16-
L160016 on May 17, 2016, for bike pedestrian facilities (the "Contract"); and
WHEREAS, additional federal aid funding is needed in order to complete the project and additional federal
aid funds have been allocated to the project; and
WHEREAS, additional time is needed in order to complete the project and the term has been extended to
allow for completion of the project; and
WHEREAS, the Parties agree the Contract should be amended to reflect the new federal aid funds allocated
to the project in the amount of $2,760,165.07; and
WHEREAS, the Parties wish to substitute Attachment D-1, which includes the additional funding for all
phases of the project, for Attachment D;
NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA
and INDOT agree as follows:
1. Attachment D of the Contract is deleted in its entirety and is hereby substituted with
Attachment D-1.
2. Section V. of the Contract is amended in its entirety to read as follows:
SECTION V TERM AND SCHEDULE.
A. If the LPA has the plans, special provisions, and cost estimate (list of pay items,
quantities, and unit prices) for the Project ready such that federal funds can be
obligated (INDOT obligates the funds about 7 weeks before the date bids are opened
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for the construction contract), between July 1, 2022 and June 30, 2023, INDOT will
make the federal funds shown in section I.B. of Attachment D-1 available for the
Project, provided the Project is eligible, and provided the federal funds shown in
section I.B. of Attachment D-1 are available.
B. In the event that federal funds for the Project are not obligated during the time
listed in section V.A, but the LPA has the plans, special provisions, and
cost estimate for the Project ready such that federal funds can be obligated between
July 1, 2023 and June 30, 2025 INDOT will schedule the contract for letting,
provided the Project is eligible, and provided the federal funds shown in section I.B.
of Attachment D-1 are available.
C. In the event that federal funds for the Project are not obligated during the period
listed in section V.A. or section V.B, the federal funds allocated to the Project may
be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the
Project will lapse.
D. If the Program shown on Attachment A is Group I or Group II, Sections V.A, V.B
and V.C do not apply, but will be obligated according to the fiscal year programmed
in the most current MPO TIP, provided the MPO funding is within their fiscal year
allocation or within the agreed upon use of the MPO's prior year balances.
3. All other matters previously agreed to and set forth in the original Contract and not affected by
this Amendment shall remain in full force and effect.
THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK
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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 undersigned nor any other member, employee, representative, agent or
officer of the LPA, directly or indirectly, has entered into or offered any sum of money or other consideration
for the execution of this Contract other than that which appears upon the face hereof. Furthermore, if the
undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are
defined in IC § 4-2-6-1, has a financial interest in the Contract, the LPA attests to compliance with the
disclosure 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 Contract 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:\s2\______________________
Title:\t1\______________________________ Title:\t2\_______________________
Date:\d1\_________________________ Date:\d2\_____________________
Electronically Approved by:
Department of Administration
By: (for)
Rebecca Holwerda, Commissioner
Electronically Approved by:
State Budget Agency
By: (for)
Zachary Q. Jackson, Director
Electronically Approved as to Form and Legality:
Office of the Attorney General
By: (for)
Theodore E. Rokita, Attorney General
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ATTACHMENT D-1
PROJECT FUNDS
I. Project Costs.
A. This contract is just for the one (1) phase checked below:
Preliminary Engineering or
Right-of-Way or
Construction;
Otherwise, this contract covers all phases.
B. If the Program shown on Attachment A 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 decrease in the funding from a prior year, authorized by the MPO that may not be
reflected in the current TIP, are hereby considered adjustments to the contract between the
LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal
funds made available to the LPA by INDOT will be used to pay 80% of the eligible Project
costs. The maximum amount of federal-aid funds allocated to the Project is dependent upon
the current TIP allocation. As of this date, December 16, 2021, the maximum amount
according to the TIP dated February 8, 2017, is $2,760,165.07. The most current MPO TIP
page, or MPO authorization, is uploaded into INDOT's Scheduling Project Management
System (SPMS).
OR
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 $ .
C. The LPA understands 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 eligible for
federal-aid funds and must be funded 100% locally.
D. 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.
E. If the Program shown on Attachment A 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.
F. 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 D of this contract)
signed by an authorized representative of INDOT, the Indiana Department of Administration,
State Budget Agency, and the Attorney General of Indiana.
G. Costs will be eligible for FHWA participation provided that the costs:
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(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 section 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 D 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.
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 with 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.
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date December 21, 2021 Department Public Works
Name Kyle Silveus Division/Bureau Engineering
BPW Date January 11, 2022 Phone Extension 9083
Required Prior to Submittal to Board
Legal Attorney Name: Clara McDaniels
Controller Controller review is required for all Contracts $5,000.00 or more and
greater than one year in length per the City Purchasing Policy
Purchasing Michael Schmidt
Check the Appropriate Item Type –Required for All Submissions
Agreement Contract Proposal Addendum
Professional Services Resolution
Bid Opening Bid Award Req. to Advertise Title Sheet
Quote Opening Quote Award
Change Order No. C/O & PCA No. PCA
Ease/Encroach. Traffic Control:
Other: INDOT-LPA
Required Information
Company or Vendor Name Indiana Department of Transportation
New Vendor Yes No If Yes, Approved by Purchasing
MBE/WBE Contractor MBE WBE
MBE/WBE Contractor Requested No Yes Name of Company
Project Name Coal Line Trail Phase 1
Project Number ENG: 115-063 DES No: 1401810
Funding Source Riverwest TIF
Account No. 324-444000
Amount N/A
Terms of Contract
Purpose/Description
Amendment of INDOT/LPA contract to extend the terms and
schedule
Required Contractor’s Certification Forms Attached (Non-
Collusion, Non-Discrimination, Non-Debarment, E-Verify, Iran, etc.)
Required For Change Orders Only
Amount of
Increase
Decrease
$
$
Previous Amount $
Current Percent of Change: %
New Amount $
Total Percent of Change: %
Dispersal After Approval
Copy Original
Kyle Silveus
Chris Dressel
Finn Cavanaugh