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HomeMy WebLinkAboutLocal Roads & Bridges Matching Grant Agreement - 2022 CCMG Proj No. 122-024 – INDOT – Local Public Agency ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT JORDAN V. GATHERS 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 July 12, 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 N758-LPA Program LaPorte, IN 46350 Indianapolis, IN 46204 mblansett@indot.in.gov indotlpampo@indot.in.gov Chief Legal Counsel and Deputy Commissioner Indiana Department of Transportation 100 North Senate Ave., Room N758 Indianapolis, IN 46204-2216 RE: Grant Agreement – Indiana Department of Transportation – Local Public Agency To Whom It May Concern: At its July 12, 2022 meeting, the Board of Public Works approved the above referenced grant agreement for the 2022 Community Crossings Road Rehabilitation, Project No. 122-024. The total amount is up to $1,000,000 at a (50% state / 50% local cost share). The agreement 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. If you have any further questions regarding this matter, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM TO: Board of Public Works FROM: Leslie Biek, P.E., Assistant City Engineer SUBJECT: 2022 CCMG Road Rehab (12-024) Local Roads and Bridges Matching Grant Agreement with INDOT DATE: 7/5/2022 Attached is the INDOT/LPA Agreement for the 2022 Community Crossings Road Rehabilitation project (122-024). INDOT will match up to $1,000,000 for the road reconstruction of City streets. The streets chosen for this grant are in accordance with the City’s “Street Improvement Plan & Strategy”. INDOT uses DocuSign for their contracts. As a result, INDOT will send the Board President an e- mail when the contract is ready to sign electronically. Therefore, it is requested the Board of Public Works approve the INDOT/LPA Agreement for the 2022 CCMG Road Reconstruction (122-024) project and authorize the Board President authority to sign the contract on DocuSign when it is available. Do not sign the attached document. Thank you for your consideration of this request. Page 1 of 9 LOCAL ROADS AND BRIDGES MATCHING GRANT AGREEMENT Contract #0000000000000000000063692 This Grant Agreement (this "Grant Agreement"), entered into by and between the Indiana Department of Transportation (the "State") and CITY OF SOUTH BEND , a Local Unit, (the "Grantee"), is executed pursuant to the terms and conditions set forth herein. In consideration of those mutual undertakings and covenants, the parties agree as follows: 1. Purpose of this Grant Agreement; Funding Source. The purpose of this Grant Agreement is to enable the State to award a Grant of $1,000,000.00 (the "Grant"), representing 50% of the eligible costs of the project (the "Project") described in Attachment A of this Grant Agreement, which is incorporated fully herein. The funds shall be used exclusively in accordance with the provisions contained in this Grant Agreement and in conformance with Indiana Code § 8-23-30 establishing the authority to make this Grant, as well as any rules adopted thereunder. The funds received by the Grantee pursuant to this Grant Agreement shall be used only to implement the Project or provide the services in conformance with this Grant Agreement and for no other purpose. FUNDING SOURCE: State Funds: Program Title: Local Road and Bridge Matching Grant Fund (I.C. § 8-23-30). 2. Representations and Warranties of the Grantee. A. The Grantee expressly represents and warrants to the State that it is statutorily eligible to receive these Grant funds and that the info rmation set forth in its Grant Application is true, complete and accurate. The Grantee expressly agrees to promptly repay all funds paid to it under this Grant Agreement should it be determined either that it was ineligible to receive the funds, or it made any material misrepresentation on its grant application. B. The Grantee certifies by entering into this Grant Agreement that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily exclu ded from entering into this Grant Agreement by any federal or state department or agency. The term "principal" for purposes of this Grant Agreement is defined as 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 Grantee. C. The Grantee has committed matching funds from one of the following revenue sources in accordance with In d. Code § 8 -23 -30-3: (1) any money the local unit is authorized to use for a local road or bridge project; (2) special distribution of local income tax under Ind. Code § 6-3.6-9-17; or (3) local rainy day fund under Ind. Code § 36-1-8-5.1. D. The Grantee uses an approved transportation asset management plan on file with the State. 3. Implementation of and Reporting on the Project. The Grantee shall implement and complete the Project in accordance with Attachment A and with the plans and specifications contained in its Grant Application, which is on file with the State and is incorporated by reference. Modification of the Project shall require prior written approval of the State. 4. Term. This Grant Agreement commences on the date approved by the State Budget Agency, and shall remain in effect for two (2) years. Unless otherwise provided herein, it may be extended upon the written agreement of the parties and in conformance with Ind. Code § 5-22-17 -4, and as permitted by Ind. Code § 8-23-30. DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 2 of 9 The Grantee understands that the Grantee must procure materials and/or a contractor for the Project no later than four (4) months from the date of the award letter, attached hereto as Attachment B and incorporated fully herein. If the Grantee fails to procure a contractor by four (4) months from the date of the award letter, the Grantee forfeits the Grant, the grant funds shall not be distributed to the Grantee, but shall be redistributed as all other funds under Indiana Code § 8-23-30. 5. Grant Funding. Pursuant to Ind. Code § 8-23-30, the Grantee agrees to the following: A. It may use the State funds only for the Project described in Attachment A; B. If it uses the grant funds for any purpose other than construction of the Project as described in Attachment A, the Grantee: i. must immediately repay all grant funds provided to the State; and ii. may not participate in the grant program during the succeeding calendar year. C. It shall provide local matching funds equal to not less than 50% of the estimated project cost; D. Disbursement of grant funds will not be made until the Grantee's submission of an accepted/awarded Project Material Bid and/or an executed con tract with the contractor; E. The State's participation in the Project is strictly limited to the grant funds awarded herein. The Grantee understands and agrees that the State is under no obligation to pay for or participate in any cost increases, change ord ers, cost overruns or additional Project expenses of any kind. 6. Payment of Claims. A. If advance payment of all or a portion of the Grant funds is permitted by statute or regulation, and the State agrees to provide such advance payment, advance payment shall be made only upon submission of a proper claim setting out the intended purposes of those funds. After such funds have been expended, Grantee shall provide State with a reconciliation of those expenditures. Otherwise, all payments shall be made thirty five (35) days in arrears in conformance with State fiscal policies and procedures . As required by IC § 4-13-2-14.8, all payments will be by the direct deposit by electronic funds transfer to the financial institution designated by the Grantee in writing unless a specific waiver has been obtained from the Indiana Auditor of State. B. Requests for payment will be processed only upon presentation of a Claim Voucher in the form designated by the State. Such Claim Vouchers must be submitted with the budget expenditure report detailing disbursements of local funds. C. The State may require evidence furnished by the Grantee that substantial progress has been made toward completion of the Project prior to making the payment under this Grant. All payments are subject to the State's determination that the Grantee's performance to date c onforms with the Project as approved, notwithstanding any other provision of this Grant Agreement. D. Pursuant to Ind. Code § 8-23-30, Local Road and Bridge Grant Funds made available to the Grantee by the State will be used to pay the Grantee for up to 50% of the eligible Project costs and not more than $1 million. The maximum amount of state funds allocated to the Project is $1,000,000.00 . The Grantee understands that maximum amount of Local Road and Bridge Grant funds may not exceed more than $1 million for all qualifying projects the Grantee may have in a calendar year. E. Claims must be submitted with accompanying supportive documentation as designated by the State. Claims submitted without supportive documentation will be returned to the Grantee and not processed for payment. Failure to comply with the provisions of this Grant Agreement may result in the denial of a claim for payment. DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 3 of 9 F. Pursuant to Ind. Code § 8-23-30-3, the Grantee's 50% match shall be paid from one of the identified revenue sources. The remainder of the Project costs greater than the total of the State's grant and the Grantee's 50% match shall be borne by the Grantee and may be paid how the Grantee chooses. In the interest of clarity and to avoid misunderstanding, the State shall not pay the Grantee for any costs relating to the Project except as specifically provided herein, unless the Parties enter into an amendment to this Grant Agreement. 7. Project Monitoring by the State. The State may conduct on -site or off -site monitoring reviews of the Project during the term of this Grant Agreement and for up to ninety (90) days after it expires or is otherwise terminated. The Grantee shall extend its full cooperation and give full access to the Project site and to relevant docu mentation to the State or its authorized designees for the purpose of determining, among other things: A. whether Project activities are consistent with those set forth in Attachment A , the Grant Application, and the terms and conditions of the Grant Agreement; B. that Grantee is making timely progress with the Project, and that its project management, financial management and control systems, procurement systems and methods, and overall performance are in conformance with the requirements set forth in this Grant Agreement and are fully and accurately reflected in Project reports submitted to the State. 8. Compliance with Audit and Reporting Requirements; Maintenance of Records. A. The Grantee shall submit to an audit of funds paid through this Gran t Agreement and shall make all books, accounting records and other documents available at all reasonable times during the term of this Grant Agreement and for a period of three (3) years after final payment for inspection by the State or its authorized des ignee. Copies shall be furnished to the State at no cost. B. If the Grantee is a "subrecipient" of federal grant funds under 2 C.F.R. 200.331, Grantee shall arrange for a financial and compliance audit that complies with 2 C.F.R. 200.500 et seq . if requ ired by applicable provisions of 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements). C. The Grantee shall file the annual financial report required by Ind. Code § 5 -11-1-4 in accordance with the State Board of Acc ounts Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources. All grant documentation shall be retained and made available to the State Board of Accounts if and when requested. D. A final audit construction invoice detailing the actual costs of construction and proof of payment to the contractor must be submitted to the State within thirty (30) days of completion of the Project. If for any reason, including overpayment of grant funds to the Grantee, the Grantee is required to repay to the State the sum or sums of state funds paid to the Grantee under the terms of this Grant Agreement, then the Grantee shall repay to the State such sum or sums within forty -five (45) days after receipt of a billing from the State. Payment for any and all costs incurred by the Grantee which are not eligible for state funding shall be the sole obligation of the Grantee. E. If for any reason the State finds noncompliance and requires a repayment of s tate funds previously paid to the Grantee, the Grantee is required to submit such sum or sums within thirty (30) days after receipt of a billing from the State. If the Grantee has not paid the full amount due within sixty (60) calendar days past the due date, the State may proceed in accordance with Ind. Code § 8-14 -1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds for the Grantee's allocation of the Motor Vehicle Highway Account to the State's Loca l Road and Bridge Matching Grant Fund account until the amount due has been repaid. 9. Compliance with Laws. A. The Grantee 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. DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 4 of 9 The enactment or modification of any applicable state or federal statute or the promulgation of rules or regulations thereunder after execution of this Grant Agreement shall be reviewed b y the State and the Grantee to determine whether the provisions of this Grant Agreement require formal modification. B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the Stat e as set forth in IC § 4 -2-6, et seq ., IC § 4-2 -7, et seq . and the regulations promulgated thereunder. If the Grantee has knowledge, or would have acquired knowledge with reasonable inquiry, that a state officer, employee, or special state appointee, as t hose terms are defined in IC 4 -2-6 -1, has a financial interest in the Grant, the Grantee shall ensure compliance with the disclosure requirements in IC § 4 -2 -6-10.5 prior to the execution of this Grant Agreement. If the Grantee is not familiar with these ethical requirements, the Grantee 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 Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate this Grant immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44.1-1 -4, and under any other applicable laws. C. The Grantee certifies by entering into this Grant Agreement that neither it nor its principal(s) is presently in arrears in payment of taxes, permit fees or other statutory, regulatory or judicially required payments to the State. The Grantee agrees that any payments currently due to the Stat e may be withheld from payments due to the Grantee. Additionally, payments may be withheld, delayed, or denied and/or this Grant suspended until the Grantee is current in its payments and has submitted proof of such payment to the State. D. The Grantee warrants that it has no current, pending or outstanding criminal, civil, or enforcement actions initiated by the State, and agrees that it will immediately notify the State of any such actions. During the term of such actions, the Grantee agrees that the State may suspend funding for the Project. If a valid dispute exists as to the Grantee's liability or guilt in any action initiated by the State or its agencies, and the State decides to suspend funding to the Grantee, the Grantee may submit, in writing, a request for review to the Indiana Department of Administration (IDOA). A determination by IDOA shall be binding on the parties. Any disbursements that the State may delay, withhold, deny, or apply under this section shall not be subject to penalty or interest. E. The Grantee warrants that the Grantee and any contractors performing work in connection with the Project 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 Grant Agreement and grounds for immediate termination and denial of grant opportunities with the State. F. The Grantee affirms that, if it is an entity described in IC Title 23, it is properly registered and owes no outstanding reports to the Indiana Secretary of State. G. As required by IC § 5-22-3-7: (1)The Grantee and any principals of the Grantee ce rtify that: (A) the Grantee, except for de minimis and nonsystematic violations, has not violated the terms of: (i) IC § 24-4.7 [Telephone Solicitation Of Consumers]; (ii) IC § 24-5-12 [Telephone Solicitations]; or (iii) IC § 24-5-14 [Regulation of Automatic Dialing Machines]; in the previous three hundred sixty -five (365) days, even if IC 24-4.7 is preempted by federal law; and (B) the Grantee will not violate the terms of IC § 24 -4.7 for the duration of this Grant Agreement, even if IC §24-4.7 is preempted by federal law. DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 5 of 9 (2)The Grantee and any principals of the Grantee certify that an affiliate or principal of the Grantee and any agent acting on behalf of the Grantee or on behalf of an affiliate or principal of the Grantee, 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 this Grant Agreement even if IC § 24-4.7 is preempted by federal law. 10. Debarment and Suspension. A. The Grantee certifies by entering into this Grant Agreement that it is not presently debarred, suspended, proposed for debarment, declared ineligible or vo luntarily excluded from entering into this Grant by any federal agency or by any department, agency or political subdivision of the State. The term "principal" for purposes of this Grant 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 Grantee. B. The Grantee certifies that it has verified the suspension and debarment sta tus for all subcontractors receiving funds under this Grant Agreement and shall be solely responsible for any recoupments or penalties that might arise from non -compliance. The Grantee shall immediately notify the State if any subcontractor becomes debarre d or suspended, and shall, at the State's request, take all steps required by the State to terminate its contractual relationship with the subcontractor for work to be performed under this Grant Agreement. 11. Drug -Free Workplace Certification. As required by Executive Order No. 90 -5, April 12, 1990, issued by the Governor of Indiana, the Grantee hereby covenants and agrees to make a good faith effort to provide and maintain a drug -free workplace. Grantee will give written notice to the State within ten (10) days after receiving actual notice that the Grantee, or an employee of the Grantee in the State of Indiana, has been convicted of a criminal drug violation occurring in the workplace. False certification or violation of the certification may result in sanctions including, but not limited to, suspension of grant payments, termination of the Grant and/or debarment of grant opportunities with the State of Indiana for up to three (3) years. In addition to the provisions of the above paragraphs, if the total amount set forth in this Grant Agreement is in excess of $25,000.00, the Grantee 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 Grantee's workplace and specifying the actions that will be taken against employees for viola tions of such prohibition; and B. Establishing a drug -free awareness program to inform its employees of: (1) the dangers of drug abuse in the workplace; (2) the Grantee's policy of maintaining a drug -free workplace; (3) any available drug counseling, reha bilitation, and employee assistance programs; and (4) the penalties that may be imposed upon an employee for drug abuse violations occurring in the workplace; and C. Notifying all employees in the statement required by subparagraph (A) above that as a con dition of continued employment the employee will: (1) abide by the terms of the statement; and (2) notify the Grantee of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; and D. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision (C)(2) above, or otherwise receiving actual notice of such conviction; and DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 6 of 9 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) take appropriate personnel action against the employee, up to and including ter mination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state or local health, law enforcement, or other appropriate agency; and F. Making a good fa ith effort to maintain a drug -free workplace through the implementation of subparagraphs (A) through (E) above. 12. Employment Eligibility Verification. As required by IC § 22 -5-1.7, the Grantee hereby swears or affirms under the penalties of perjury th at: A. The Grantee has enrolled and is participating in the E-Verify program; B. The Grantee has provided documentation to the State that it has enrolled and is participating in the E-Verify program; C. The Grantee does not knowingly employ an unauthorized alien. D. The Grantee shall require its contractors who perform work under this Grant Agreement to certify to Grantee that the contractor does not knowingly employ or contract with an unauthorized alien and that the contractor has enrolled and is par ticipating in the E-Verify program. The Grantee shall maintain this certification throughout the duration of the term of a contract with a contractor. The State may terminate for default if the Grantee fails to cure a breach of this provision no later than thirty (30) days after being notified by the State. 13. Funding Cancellation. As required by Financial Management Circular 3.3 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 performance of this Grant Agreement, it shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 14. Governing Law. This Grant Agreement shall be governed, construed, and enforced in accordance with the la ws of the State of Indiana, without regard to its conflict of laws rules. Suit, if any, must be brought in the State of Indiana. 15. Information Technology Accessibility Standards. Any information technology related products or services purchased, used or maintained through this Grant must be compatible with the principles and goals contained in the Electronic and Information Technology Accessibility Standards adopted by the Architectural and Transportation Barriers Compliance Board under Section 508 of the federal Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information Technology Accessibility Standards can be found at: http://www.access -board.gov/508.htm. 16. Insurance. The Grantee shall maintain insurance with coverages and in such amount as may be required by the State or as provided in its Grant Application. 17. Nondiscrimination. Pursuant to the Indiana Civil Rights Law, specifically IC § 22-9-1-10, and in keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, the Grantee covenants that it shall not discriminate against any employee or applicant for employment relating to this Grant with respect to the hire, te nure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of the employee or applicant's: race, color, national origin, religion, sex, age, disability, ancestry, status as a DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 7 of 9 veteran, or any other characteristic protected by federal, state, or local law ("Protected Characteristics"). Furthermore, Grantee certifies compliance with applicable federal laws, regulations, and executive orders prohibiting discrimination based on the Protected Character istics in the provision of services. The Grantee understands that the State is a recipient of federal funds, and therefore, where applicable, Grantee and any 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. 18. Notice to Parties . Whenever any notice, statement or other communication is required under this Grant, it will be sent by E-ma il or first class U.S. mail service to the following addresses, unless otherwise specifically advised. A. Notices to the State shall be sent to: Office of LPA/MPO and Grant Administration Attention: Director of LPA/MPO and Grant Administration 100 North Senate Avenue, Room N758 Indianapolis, IN 46204 E-mail: indotlpampo@indot.in.gov With a copy to: Chief Legal Counsel/Deputy Commissioner Indiana Department of Transportation 100 N Senate Avenue, Room N758 Indianapolis, IN 46204-2216 B. Notices to the State regarding project management shall be sent to respective District Office: Marcia Blansett LaPorte District 315 East Boyd Blvd. LaPorte, IN 46350 Email: mblansett@indot.in.gov C. Notices to the Grantee shall be sent to: City of South Bend ATTN: James Mueller 227 W. Jefferson Blvd., County City Bldg.1316 SOUTH BEND, IN 46601 Email: mayormueller@southbendin.gob As required by IC § 4-13-2-14.8, payments to the Grantee shall be made via electronic funds transfer in accordance with instructions filed by the Grantee with the Indiana Auditor of State. 19. Order of Precedence; Incorporation by Reference. Any inconsistency or ambiguity in this Grant Agreement shall be resolved by giving precedence in the following order: (1) this Grant Agreement, (2) Exhibits prepared by the State, (3) Invitation to Ap ply for Grant; (4) the Grant Application; and (5) Exhibits prepared by Grantee. All of the foregoing are incorporated fully herein by reference. 20. Public Record. The Contractor acknowledges that the State will not treat this Grant as containing confidential information, and will post this Grant on the transparency portal as required by Executive Order 05 -07 and IC § 5 -14 -3.5 -2. Use by the public of the information contained in this Grant shall not be considered an act of the State. DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 8 of 9 21. Termination for Breach. A. Failure to complete the Project and expend State, local and/or private funds in accordance with this Grant Agreement may be considered a material breach, and shall entitle the State to suspend grant payments, and to suspend the Grantee's pa rticipation in State grant programs until such time as all material breaches are cured to the State's satisfaction. B. The expenditure of State or federal funds other than in conformance with the Project or the Budget may be deemed a breach. The Grantee explicitly covenants that it shall promptly repay to the State all funds not spent in conformance with this Grant Agreement. 22. Termination for Convenience. Unless prohibited by a statute or regulation relating to the award of the Grant, this Grant Agreement may be terminated, in whole or in part, by the State whenever, for any reason, the State determines that such termination is in the best interest of the State. Termination shall be effected by delivery to the Grantee of a Termination Notice, specifying the extent to which such termination becomes effective. The Grantee shall be compensated for completion of the Project properly done prior to the effective date of termination. The State will not be liable for work on the Project performed after the effective date of termination. In no case shall total payment made to the Grantee exceed the original grant. 23. Travel. No expenses for travel will be reimbursed unless specifically authorized by this Grant. 24. Provision Applicable to Grants with tax -funded State Educational Institutions: "Separateness" of the Parties. The State acknowledges and agrees that because of the unique nature of State Educational Institutions, the duties and responsibilities of the State Educational Institution in these Standard Conditions for Grants are specific to the department or unit of the State Educational Institution. The existence or status of any one contract or grant between the State and the State Educational Institution shall have no impact on the execution or performance of any other contract or grant and shall not form the basis for termination of any other contract or grant by either party. 25. State Boilerplate Affirmation Clause. I swear or affirm under the penalties of perjury that I have not altered, modified, changed or deleted the State's standard contract clauses (as contained in the 2022 SCM Template) in any way except as follows: Payment of Claims; the Compliance with Audit and Reporting Requirements; Maintenance of Records were modified to include statutory and program requirements. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 9 of 9 Non-Collusion, Acceptance The undersigned atte sts, subject to the penalties for perjury, that the undersigned is the Grantee, or that the undersigned is the properly authorized representative, agent, member or officer of the Grantee. Further, to the undersigned's knowledge, neither the undersigned no r any other member, employee, representative, agent or officer of the Grantee, directly or indirectly, has entered into or been offered any sum of money or other consideration for the execution of this Grant 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 Grant, the Grantee 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 Grant Agreement by accessing State of Indiana Supplier Portal using the secure password assigned to me and by electronically submitting this Grant Agreement to the State of Indiana. I understand that my signing a nd submitting this Grant Agreement in this fashion is the legal equivalent of having placed my handwritten signature on the submitted Grant Agreement and this affirmation. I understand and agree that by electronically signing and submitting this Grant Agr eement in this fashion I am affirming to the truth of the information contained therein. I understand that this Grant Agreement will not become binding on the State until it has been approved by the Department of Administration, the State Budget Agency, a nd the Office of the Attorney General, which approvals will be posted on the Active Contracts Database: https://secure.in.gov/apps/idoa/contractsearch/ In Witness Whereof, the Grantee and the State have, through their duly authorized representatives, entered into this Grant Agreement. The PARTIES, having read and understood the foregoing te rms of this Grant Agreement, 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\______________________________ (for) Michael Smith, Commissioner Date:\d1\_________________________ Date:\d 2\_____________________ Electronically Approved by: Electronically Approved by: Department of Administration State Budget Agency By: (for) 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 26, 20 21. FA 21-56 DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 7/12/2022 | 11:27 EDT President, Board of Public Works 7/12/2022 | 09:01 PDT Page 1 of 1 ATTACHMENT A PROJECT DESCRIPTION Des. No.: 2200387 Program: Local Roads and Bridges Matching Grants Type of Project: Pavement Replacement Location: The maximum amount of state funds allocated to the Project is $1,000,000.00 . DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 Page 1 of 1 ATTACHMENT B AWARD LETTER DocuSign Envelope ID: 11087F64-BE41-438A-B586-08A9F7BD1078 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date 7/5/2022 Name Leslie Biek Department PW BPW Date 7/12/2022 Phone Extension 9232 Required Prior to Submittal to Board BPW Attorney Attorney Name Clara McDaniels Dept. Attorney Attorney Name Purchasing Michael Schmidt Check the Appropriate Item Type – Required for All Submissions 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 2022 Community Crossings Project Number 122-024: PROJ 324 Funding Source Fund 265 Account No. Amount Up to $1,000,000 awarded from INDOT (50/50 cost share) Terms of Contract Purpose/Description The Community Crossings Matching Grant (CCMG) 50/50 cost share up to $1,000,000 for the road rehabilitation of various City streets. __________________________ 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: