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Home My WebLink AboutAmendment No 1 to Traffic Signal Maintenance Agreement - Changes to Section 1.4, Part A – 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 February 8, 2022 INDOT LaPorte District Mr. Adam Parkhouse Attn: Traffic Engineer 315 E. Boyd Blvd. 315 East Boyd Blvd. LaPorte, IN 46350 LaPorte, IN 46350 aparkhouse@indot.in.gov 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 Traffic Signal Maintenance Agreement To Whom It May Concern: At its February 8, 2022 meeting, the Board of Public Works approved the above referenced amendment for changes regarding a change to the pay for “On-Call” or “Standby” employees, Section 1.4, Part A. Kindly sign and return the fully executed copy of this amendment 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/ Laura Hensley/Acting Clerk Enclosures 1 AMENDMENT #1 To 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 No. A249-22-ON210164 SCM # 56859 This Amendment (“Amendment”) made 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, INDIANA (hereinafter referred to as the “CITY”), 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, on October 12, 2021, the Office of the Attorney General approved a 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 (“Original Agreement”); and WHEREAS, unanticipated costs have been discovered related to the changing of the payment structure for the services being provided by the CITY to INDOT, where the unit pricing calculations failed to take into account certain CITY staffing costs; and WHEREAS, the PARTIES wish to modify the Original Agreement to adjust the unit pricing for certain agreed upon circumstances; and NOW, THEREFORE, in consideration of the promises and the mutually dependent covenants contained herein, the PARTIES agree as follows: 1. Section 1.4 A is deleted in its entirety and amended to read as follows: 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. For work 2 completed under this Agreement on a Saturday, if the work is deemed necessary by INDOT, the CITY shall be paid at 1.5 times the unit rate listed on Exhibit B. For work completed under this Agreement on a Sunday or a city holiday, if the work is deemed necessary by INDOT, the CITY shall be paid at two (2) times the unit rate listed on Exhibit B. City holidays annually approved by the CITY as holidays for CITY employees, as defined in Exhibit I attached hereto and made a part of this Agreement, will considered holidays under this Agreement. Updated annual lists defining city holidays shall be provided to INDOT by the CITY without affecting the status of this Agreement. 2. Exhibit I is added and incorporated by referenced into the Original Agreement. 3. All other matters previously agreed to and set forth in the Original Agreement and not affected by this Amendment shall remain in full force and effect. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 3 Non-Collusion and Acceptance The undersigned attests, subject to the penalties for perjury, that the undersigned is the Party, or that the undersigned is the properly authorized representative, agent, member or officer of the Party. Further, to the undersigned’s knowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the Party, directly or indirectly, has entered into or been offered any sum of money or other consideration for the execution of this Agreement other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC §4- 2-6-1, has a financial interest in the Agreement, the Party attests to compliance with the disclosure requirements in IC §4-2-6-10.5. Agreement to Use Electronic Signatures I agree, and it is my intent, to sign this Agreement by accessing State of Indiana Supplier Portal using the secure password assigned to me and by electronically submitting this Agreement to the State of Indiana. I understand that my signing and submitting this Agreement in this fashion is the legal equivalent of having placed my handwritten signature on the submitted Agreement and this affirmation. I understand and agree that by electronically signing and submitting this Agreement in this fashion I am affirming to the truth of the information contained therein. I understand that this Agreement will not become binding on the State until it has been approved by 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_CNTR CTS.GBL In Witness Whereof, the PARTIES have, through their duly authorized representatives, entered into this Agreement. The PARTIES, having read and understood the foregoing terms of this Agreement, do by their respective signatures dated below agree to the terms thereof. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 4 CITY OF SOUTH BEND, INDIANA Executed by: February 8, 2022 5 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 6 APPROVALS STATE OF INDIANA Budget Agency By: (FOR) Zachary Q. Jackson, Director Date: _____________________ STATE OF INDIANA Department of Administration By: (FOR) Rebecca Holwerda, Commissioner Date: _____________________ Approved as to Form and Legality: Office of the Attorney General By: (FOR) Theodore E. Rokita Attorney General Date: _____________________ 7 EXHIBIT I CITY HOLIDAYS For purposes of this Agreement, CITY holidays shall be defined as: •New Year’s Day •Martin Luther King Jr. Day •Memorial Day •Independence Day •Labor Day •Veteran’s Day •Thanksgiving Day •Day after Thanksgiving Day •Christmas Day (For the holidays that are on a fixed calendar date and therefore may occur on a day other than a normal workday, a workday before or after the calendar date may be designated as the observed holiday.) The Board of Public Works shall define the calendar dates of the CITY holidays. BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 01/27/2022 Name: Eric Horvath Department of Public Works – Engineering Division BPW Date: February 8, 2022 Phone Extension: Required Prior to Submittal to Board BPW Attorney X Attorney Name Dept. Attorney Attorney Name Purchasing Check the Appropriate Item Type – Required for All Submissions Professional Services Agreement Contract Proposal Open Market Contract x 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 INDOT 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. PR/PO # Amount N/A Terms of Contract Changes Regarding a Change to Pay for “On-Call” or “Standby” Employees, Section 1.4, Part A Special Contract Provisions Purpose/Description For Change Orders Only Amount of Increase Decrease $ ($ ) Previous Amount $ Current Percent of Change: Increase Decrease % ( %) New Amount $ Total Percent of Change: Increase Decrease % ( %) Time Extension Amount: New Completion Date: