HomeMy WebLinkAboutMOU - Additional Paving of US31 Proj No. 123-066 – INDOT
ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT ALEXANDRA DOLZ-LANE 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
September 12, 2023
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 jkrueckeberg@indot.in.gov
indotlpampo@indot.in.gov aborden1@indot.in.gov
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Ave., Room N758
Indianapolis, IN 46204-2216
RE: Memorandum of Understanding – Indiana Department of Transportation
To Whom It May Concern:
At its September 12, 2023 meeting, the Board of Public Works approved the above
referenced memorandum for additional paving of US31 (Michigan St.), Project limits to
Chippewa Ave., Project No. 123-066 in the amount of $978,930.17.
Enclosed please find the original of the memorandum for signatures. Please sign and
return the fully executed agreement to lhensley@southbendin.gov. Please retain a copy for your
records.
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
INTER-OFFICE MEMORANDUM
DEPARTMENT OF PUBLIC WORKS
DIVISION OF ENGINEERING
TO: Theresa Heffner, Administrative Assistant
Board of Public Works
FROM: Scott Kreeger, Project Engineer
SUBJECT: Project No. 123-066
Michigan Street Paving from S. Ireland to Chippewa Ave
DATE: August 30, 2023
INDOT’s current US 31/20 Bridge Replacement project has allowed the City the opportunity to
extend the project limits from south of the Ireland and Ironwood intersection instead to
Chippewa Avenue. The attached MOU is an agreement between the City and INDOT indicating
the additional work outside INDOT’s original project scope will be funded 100% by the City. The
milling and paving of Michigan St from INDOT project limits to Chippewa Avenue is
$978,170.66. A complete line-item breakdown of the project has been attached to the memo
along with the MOU. Funding has been allocated through Southside Development TIF (430-10-
102-121-442001).
Please call with your questions (9245).
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INTERLOCAL COOPERATIVE AGREEMENT
Between
THE INDIANA DEPARTMENT OF TRANSPORTATION
And
THE CITY OF SOUTH BEND
Concerning
PROJECT IMPROVEMENTS ALONG US 31
This Interlocal Agreement (“Agreement”), 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”), 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 consideration
of those mutual undertakings and covenants, the Parties agree as follows:
RECITALS
WHEREAS, INDOT is replacing a bridge, replacing a small structure and pipe lining at
US 20 and US 31/Michigan St. interchange under INDOT Des #1701538, Contract No. B-40600
(hereinafter the “Project”), in South Bend, Indiana for the purpose of improving drainage, safety
and mobility; and
WHEREAS, the CITY has requested that INDOT include a resurface of US 31/Michigan
St. from US 20 North to Chippewa Roundabout (hereinafter the “Improvements”); and
WHEREAS, the total costs for the Improvements are estimated to be $978,930.17; and
WHEREAS, the CITY agrees to pay with CITY funds the total costs of the Improvements;
and
WHEREAS, the CITY agrees to maintain the Improvements; and
NOW THEREFORE, in consideration of the premises and the mutually dependent
covenants herein contained, the Parties hereto agree as follows:
I. PURPOSE, TERM, AND DEFINITIONS.
1.1 Recitals. The Recitals recorded above are incorporated by reference into this Agreement.
All captions, section headings, paragraph titles and similar items are provided for the purpose of
reference and convenience and are not intended to be inclusive, definitive or to affect the
interpretation of this Agreement.
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1.2 Purpose of Agreement. The purpose of this Agreement is to define the respective roles
and responsibilities of the Parties for the construction, installation, funding and maintenance of
improvements and facilities made or installed as part of the Project.
1.3 No Transfer of Real Property Interest. To comply with Indiana law regarding the sale
of real estate, the Parties agree that no title to any real estate held in the name of either Party is to
be transferred by way of this Agreement including, without limitation, any real property
underneath existing pavement and the accompanying right of way, as described in the land records
of Lake County, Indiana.
1.4 Term of Agreement. This Agreement shall be effective beginning on the date approved
as to form and legality by the Office of the Indiana Attorney General and continuing through
December 31, 2024, unless amended or renewed as provided under Section 4.38 herein.
1.5. Definition of the “Project.” The Project shall be defined as the work to be done under
INDOT Contract No. B-40600 as well as any future work or improvements that may become
necessary under the listed Contract No. (or any new Contract No.). Work under the Project will
include but not be limited to the replacement of bridge and small structure and pipe lining at US
20 and US 31/Michigan St.
1.6 Definition of the “Improvements.” The Improvements shall be defined as a HMA
resurface of INDOT right of way Station 6+50 North to Chippewa Roundabout.
II. INDOT’S RESPONSIBILTIES
2.1 Financial Responsibilities. INDOT shall be responsible for the costs of the Project,
excluding those costs described below to be paid by the CITY. INDOT will be responsible for the
costs of the Project in the total current estimated amount of $10,924,942.00. The Project will be
funded State funds.
2.2 Project Responsibilities. INDOT will complete all work necessary to construct the
Project and the Improvements.
III. CITY’S RESPONSIBILITIES
3.1. Financial Responsibilities. The CITY shall be responsible for one hundred percent
(100%) of the costs of the Improvements. The CITY shall pay INDOT $978,930.17, the amount
currently estimated to be the cost for the Improvements. INDOT shall invoice the CITY for costs
and the CITY shall pay INDOT within 30 days. The final cost for the Improvements will be based
on the actual costs of the Improvements, which may be more or less than this estimated amount.
If the CITY’s share of the costs is less than the amount the CITY has contributed, then INDOT
will refund the difference pursuant to the terms of Section 4.34 below; if the CITY’s share is higher
than $978,930.17, the remaining balance shall be paid within forty-five (45) days of the CITY
receiving notice of the amount owed.
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The CITY shall also be responsible for the cost of any approved change orders related specifically
to the Improvements and shall pay to INDOT within forty-five (45) days a sum equal to one
hundred percent (100%) of any such increased costs.
3.2. Project Responsibilities. The Parties shall mutually cooperate as needed to ensure
successful completion of the Project and Improvements.
3.3. Future Maintenance. The CITY shall be solely responsible for future maintenance of the
Improvements.
IV. GENERAL PROVISIONS
4.1. Access to Records. The CITY shall maintain all books, documents, papers,
correspondence, accounting records and other evidence pertaining to the cost incurred under this
Agreement, and shall make such materials available at their respective offices at all reasonable
times during the period of this Agreement and for ten (10) years from the date of final payment
under the terms of this Agreement, for inspection or audit by INDOT, or its authorized
representative, and copies thereof shall be furnished free of charge, if requested by INDOT. The
CITY agrees that, upon request by any party or state or federal agency, INDOT may release or
make available to the agency any working papers from an audit performed by INDOT of the CITY
in connection with this Agreement, including any books, documents, papers, accounting records
and other documentation which support or form the basis for the audit conclusions and judgments.
4.2. Assignment; Successors. [OMITTED – NOT APPLICABLE.]
4.3. Assignment of Antitrust Claims. As part of the consideration for this Agreement, the
CITY assigns to the State all right, title and interest in and to any claims the CITY now has, or
may acquire, under state or federal antitrust laws relating to the products or services which are the
subject of this Agreement.
4.4. Audits. The signatories for the CITY represent that they have been duly authorized to
execute this Agreement on behalf of the CITY and have obtained all necessary or applicable
approvals to make this Agreement fully binding upon the CITY when their signatures are affixed
and accepted by the State.
4.5. Authority to Bind CITY. The signatory for the CITY represents that he/she has been
duly authorized to execute this Agreement on behalf of the CITY and has obtained all necessary
or applicable approvals to make this Agreement fully binding upon the CITY when his/her
signature is affixed and accepted by the State.
4.6. Changes in Work. The CITY shall not commence any additional work or change the
scope of the work until authorized in writing by the State. This Agreement may only be amended,
supplemented, or modified by a written document executed in the same manner as this Agreement.
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4.7. Certification for Federal Aid Contracts Lobbying Activities. The CITY certifies, by
signing and submitting this Agreement, to the best of its knowledge and belief that the CITY has
complied with Section 1352, Title 31, U.S. Code, and specifically, that:
A. No federal appropriated funds have been paid or will be paid, by or on behalf of the
CITY, to any person for influencing or attempting to influence an officer or employee
of any federal agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
agreements, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal agreement, grant, loan, or cooperative
agreement.
B. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any federal
agency, a Member of Congress, an officer or employee of Congress, or an employee of
a Member of Congress in connection with such federal agreement, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
C. The CITY also agrees by signing this Agreement that it shall require the language of
this certification be included in all contractor agreements including lower tier
subcontracts, which exceed $100,000, and that all such sub recipients shall certify and
disclose accordingly. Any person who fails to sign or file this required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000
for each failure.
4.8. Compliance with Laws.
A. The CITY shall comply with all applicable federal, state, and local laws, rules,
regulations, and ordinances, and all provisions required thereby to be included herein
are hereby incorporated by reference. The enactment or modification of any applicable
state or federal statute or the promulgation of rules or regulations thereunder after
execution of this Agreement shall be reviewed by the State and the CITY to determine
whether the provisions of this Agreement require formal modification.
B. The CITY and its agents shall abide by all ethical requirements that apply to persons
who have a business relationship with the State as set forth in IC § 4-2-6, et seq., IC §
4-2-7, et seq. and the regulations promulgated thereunder. If the CITY has
knowledge, or would have acquired knowledge with reasonable inquiry, that a
state officer, employee, or special state appointee, as those terms are defined in IC
§ 4-2-6-1, has a financial interest in this Agreement, the CITY shall ensure
compliance with the disclosure requirements in IC § 4-2-6-10.5 prior to the
execution of this Agreement. If the CITY is not familiar with these ethical
requirements, the CITY should refer any questions to the Indiana State Ethics
Commission or visit the Inspector General’s website at http://www.in.gov/ig/. If the
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CITY or its agents violate any applicable ethical standards, the State may, in its sole
discretion, terminate this Agreement immediately upon notice to the CITY. In addition,
the CITY may be subject to penalties under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under
any other applicable laws.
C. [Omitted – Not Applicable.]
D. [Omitted – Not Applicable.]
E. [Omitted – Not Applicable.]
F. The CITY warrants that the CITY and its subcontractors, if any, shall obtain and
maintain all required permits, licenses, registrations, and approvals, and shall comply
with all health, safety, and environmental statutes, rules, or regulations in the
performance of work activities for the State. Failure to do so may be deemed a material
breach of this Agreement and grounds for immediate termination and denial of further
work with the State.
G. [Omitted – Not Applicable.]
H. As required by IC § 5-22-3-7:
(1) The CITY and any principals of the CITY certify that:
(A) the CITY, except for de minimis and nonsystematic violations, has not violated
the terms of:
(i) IC §24-4.7 [Telephone Solicitation of Consumers];
(ii) IC §24-5-12 [Telephone Solicitations]; or
(iii)IC §24-5-14 [Regulation of Automatic Dialing Machines];
in the previous three hundred sixty-five (365) days, even if IC § 24-4.7 is
preempted by federal law; and
(B) the CITY will not violate the terms of IC § 24-4.7 for the duration of the
Agreement, even if IC §24-4.7 is preempted by federal law.
(2) The CITY and any principals of the CITY certify that an affiliate or principal of the
CITY and any agent acting on behalf of the CITY or on behalf of an affiliate or
principal of the CITY, except for de minimis and nonsystematic violations,
(A) has not violated the terms of IC § 24-4.7 in the previous 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 Agreement, even
if IC §24-4.7 is preempted by federal law.
4.9. Condition of Payment. [Omitted – Not Applicable.]
4.10. Confidentiality of State Information. [Omitted – Not Applicable.]
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4.11. Continuity of Services. [Omitted – Not Applicable.]
4.12. Debarment and Suspension.
A. The CITY certifies by entering into this Agreement that neither it nor its principals nor
any of its contractors are presently debarred, suspended, proposed for debarment,
declared ineligible or voluntarily excluded from entering into this Agreement by any
federal agency or by any department, agency, or political subdivision of the State of
Indiana. The term “principal” for purposes of this Agreement means an officer,
director, owner, partner, key employee or other person with primary management or
supervisory responsibilities, or a person who has a critical influence on or substantive
control over the operations of the CITY.
B. The CITY certifies that it has verified the state and federal suspension and debarment
status for all contractors receiving funds under this Agreement and shall be solely
responsible for any recoupment, penalties or costs that might arise from use of a
suspended or debarred contractor. The CITY 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 Agreement.
4.13. Default by State. [Omitted – Not Applicable.]
4.14. Disputes. [Omitted – Not Applicable.]
4.15. Drug-Free Workplace Certification. As required by Executive Order No. 90-5 dated
April 12, 1990, issued by the Governor of Indiana, the CITY hereby covenants and agrees to make
a good faith effort to provide and maintain a drug-free workplace. The CITY will give written
notice to the State within ten (10) days after receiving actual notice that the CITY, or an employee
of the CITY in the State of Indiana, has been convicted of a criminal drug violation occurring in
the workplace. False certification or violation of this certification may result in sanctions including,
but not limited to, suspension of contract payments, termination of this Agreement and/or
debarment of contracting opportunities with the State for up to three (3) years.
In addition to the provisions of the above paragraph, if the total amount set forth in this Agreement
is in excess of $25,000.00, the CITY certifies and agrees that it will provide a drug-free workplace
by:
A. Publishing and providing to all of its employees a statement notifying them that the
unlawful manufacture, distribution, dispensing, possession, or use of a controlled
substance is prohibited in the CITY’s workplace, and specifying the actions that will
be taken against employees for violations of such prohibition;
B. Establishing a drug-free awareness program to inform its employees of: (1) the dangers
of drug abuse in the workplace; (2) the CITY’s policy of maintaining a drug-free
workplace; (3) any available drug counseling, rehabilitation, and employee assistance
7
programs; and (4) the penalties that may be imposed upon an employee for drug abuse
violations occurring in the workplace;
C. Notifying all employees in the statement required by subparagraph (A) above that as a
condition of continued employment, the employee will: (1) abide by the terms of the
statement; and (2) notify the CITY of any criminal drug statute conviction for a
violation occurring in the workplace no later than five (5) days after such conviction;
D. Notifying the State in writing within ten (10) days after receiving notice from an
employee under subdivision (C)(2) above, or otherwise receiving actual notice of such
conviction;
E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions or remedial measures on any employee
who is convicted of drug abuse violations occurring in the workplace: (1) taking
appropriate personnel action against the employee, up to and including termination; or
(2) requiring such employee to satisfactorily participate in a drug abuse assistance or
rehabilitation program approved for 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.
4.16. Employment Eligibility Verification. As required by IC § 22-5-1.7, the CITY swears or
affirms under the penalties of perjury that the CITY does not knowingly employ an unauthorized
alien. The CITY further agrees that:
A. The CITY shall enroll in and verify the work eligibility status of all his/her/its newly
hired employees through the E-Verify program as defined in IC § 22-5-1.7-3. The
CITY is not required to participate should the E-Verify program cease to exist.
Additionally, the CITY is not required to participate if the CITY is self-employed and
does not employ any employees.
B. The CITY shall not knowingly employ or contract with an unauthorized alien. The
CITY shall not retain an employee or contract with a person that the CITY subsequently
learns is an unauthorized alien.
C. The CITY shall require his/her/its subcontractors, who perform work under this
Agreement, to certify to the CITY that the subcontractor does not knowingly employ
or contract with an unauthorized alien and that the subcontractor has enrolled and is
participating in the E-Verify program. The CITY agrees to maintain this certification
throughout the duration of the term of a contract with a subcontractor.
The State may terminate for default if the CITY fails to cure a breach of this provision no later
than thirty (30) days after being notified by the State.
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4.17. Employment Option. [Omitted – Not Applicable.]
4.18. Force Majeure. In the event that either party is unable to perform any of its obligations
under this Agreement or to enjoy any of its benefits because of natural disaster or decrees of
governmental bodies not the fault of the affected party (hereinafter referred to as a “Force Majeure
Event”), the party who has been so affected shall immediately or as soon as is reasonably possible
under the circumstances give notice to the other party and shall do everything possible to resume
performance. Upon receipt of such notice, all obligations under this Agreement shall be
immediately suspended. If the period of nonperformance exceeds thirty (30) days from the receipt
of notice of the Force Majeure Event, the party whose ability to perform has not been so affected
may, by giving written notice, terminate this Agreement.
4.19. 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 the performance of this
Agreement, this Agreement shall be canceled. A determination by the Director of State Budget
Agency that funds are not appropriated or otherwise available to support continuation of
performance shall be final and conclusive.
4.20. Governing Law. This Agreement shall be governed, construed, and enforced in
accordance with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit,
if any, must be brought in the State of Indiana.
4.21. HIPAA Compliance. [Omitted – Not Applicable.]
4.22. Indemnification. The CITY agrees to indemnify, defend, exculpate and hold harmless the
State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage,
injuries, or other causalities of whatever kind, to the person or property of anyone arising out of,
or resulting from the performance of this Agreement or the work connected therewith, or from the
installation, existence, use, maintenance, condition, repairs, alteration or removal of any equipment
or material, to the extent such liability is caused by the negligence of the CITY, including any
claims arising out of any law, ordinance, order or decree. INDOT shall not provide indemnification
to the CITY. The CITY agrees to pay all reasonable expenses and attorney's fees incurred by or
imposed on the State and INDOT in connection herewith if the CITY shall default under the
provisions of this Section.
4.23. Independent Entity; Workers’ Compensation Insurance. The CITY is performing as
an independent entity under this Agreement. No part of this Agreement shall be construed to
represent the creation of an employment, agency, partnership, or joint venture agreement between
the Parties. No Party will assume liability for any injury (including death) to any persons, or
damage to any property, arising out of the acts or omissions of the agents, employees, or
subcontractors of another Party. The CITY shall provide all necessary unemployment and workers’
compensation insurance for the CITY’s employees and shall provide the State with a Certificate
of Insurance evidencing such coverage prior to starting work under this Agreement.
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4.24. Indiana Veteran Owned Small Business Enterprise Compliance. [Omitted – Not
Applicable.]
4.25. Information Technology Enterprise Architecture Requirements. [Omitted – Not
Applicable.]
4.26. Insurance. The CITY shall cause and require the contractors installing or maintaining the
Signs to secure and keep in force during the term of this Agreement the insurance coverages
specified in the 2022 INDOT Standard Specifications.
4.27. Key Person(s). [Omitted – Not Applicable.]
4.28. Licensing Standards. [Omitted – Not Applicable.]
4.29. Merger & Modification. This Agreement constitutes the entire agreement between the
parties. No understandings, agreements, or representations, oral or written, not specified within
this Agreement will be valid provisions of this Agreement. This Agreement may not be modified,
supplemented, or amended, except by written agreement signed by all necessary parties.
4.30. Minority and Women’s Business Enterprises Compliance. [Omitted – Not
Applicable.]
4.31. Nondiscrimination.
A. Pursuant to the Indiana Civil Rights Law, specifically including IC § 22-9-1-10, and
in keeping with the purposes of the Civil Rights Act of 1964, the Age Discrimination
in Employment Act, and the Americans with Disabilities Act, the CITY covenants that
it shall not discriminate against any employee or applicant for employment relating to
this Agreement with respect to the hire, tenure, terms, conditions or privileges of
employment or any matter directly or indirectly related to employment, because of the
employee’s or applicant’s race, color, national origin, religion, sex, age, disability,
ancestry, status as a veteran, or any other characteristic protected by federal, state or
local law (“Protected Characteristics”). The CITY certifies compliance with applicable
federal laws, regulations and executive orders prohibiting discrimination based on the
Protected Characteristics in the provision of services. Breach of this paragraph may be
regarded as a material breach of this Agreement, but nothing in this paragraph shall be
construed to imply or establish an employment relationship between the State and any
applicant or employee of the CITY or any subcontractor.
B. INDOT is a recipient of federal funds, and therefore, where applicable, the CITY 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.
The CITY agrees that if the CITY employs fifty (50) or more employees and does at
least $50,000.00 worth of business with the State and is not exempt, the CITY will
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comply with the affirmative action reporting requirements of 41 CFR 60-1.7. The
CITY shall comply with Section 202 of executive order 11246, as amended, 41 CFR
60-250, and 41 CFR 60-741, as amended, which are incorporated herein by specific
reference. Breach of this covenant may be regarded as a material breach of this
Agreement.
It is the policy of INDOT to assure full compliance with Title VI of the Civil Rights
Act of 1964, the Americans with Disabilities Act and Section 504 of the Vocational
Rehabilitation Act and related statutes and regulations in all programs and activities.
Title VI and related statutes require that no person in the United States shall on the
grounds of race, color or national origin be excluded from participation in, be denied
the benefits of, or be subjected to discrimination under any program or activity
receiving Federal financial assistance. (INDOT’s nondiscrimination enforcement is
broader than the language of Title VI and encompasses other State and Federal
protections. INDOT’s nondiscrimination enforcement shall include the following
additional grounds: sex, sexual orientation, gender identity, ancestry, age, income
status, religion, disability, income status, limited English proficiency, or status as a
veteran).
C. During the performance of this Agreement, the CITY, for itself, its assignees, and
successors in interest (hereinafter referred to as the “CITY”) agrees to the following
assurances under Title VI of the Civil Rights Act of 1964:
(1) Compliance with Regulations: The CITY shall comply with the regulations relative
to nondiscrimination in federally assisted programs of the Department of
Transportation, Title 49 CFR Part 21, as they may be amended from time to time
(hereinafter referred to as the Regulations), which are herein incorporated by
reference and made a part of this Agreement.
(2) Nondiscrimination: The CITY, with regard to the work performed by it during this
Agreement, shall not discriminate on the grounds of race, color, sex, sexual
orientation, gender identity, national 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 CITY shall not participate either directly
or indirectly in the discrimination prohibited by section 21.5 of the Regulation,
including employment practices when the Agreement covers a program set forth in
Appendix B of the Regulations.
(3) Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made
by the CITY for work to be performed under a subcontract, including procurements
of materials or leases of equipment, each potential subcontractor or supplier shall
be notified by the CITY of the CITY’s obligations under this Agreement, and the
Regulations relative to nondiscrimination on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, income
status, limited English proficiency, or status as a veteran.
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(4) Information and Reports: The CITY shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access to its books, records, accounts, other sources of information, and its facilities
as may be determined by INDOT and Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, orders, and instructions.
Where any information required of the CITY is in the exclusive possession of
another who fails or refuses furnish this information, the CITY shall so certify to
INDOT or the Federal Highway Administration as appropriate and shall set forth
what efforts it has made to obtain the information.
(5) Sanctions for Noncompliance: In the event of the CITY’s noncompliance with the
nondiscrimination provisions of this Agreement, INDOT shall impose such
contract sanctions as it or the Federal Highway Administration may determine to
be appropriate, including, but not limited to: (a) withholding payments to the CITY
under this Agreement until the CITY complies, and/or (b) cancellation, termination,
or suspension of this Agreement, in whole or in part.
(6) Incorporation of Provisions: The CITY shall include the provisions of paragraphs
(1) through (5) in every subcontract, including procurements of materials and leases
of equipment, unless exempt by the Regulations, or directives issued pursuant
thereto.
4.32. Notice to Parties. Whenever any notice, statement or other communication is required
under this Agreement, it shall be sent to the following addresses, unless otherwise specifically
advised:
For INDOT: John Krueckeberg jkrueckeberg@indot.in.gov
Andrew Borden aborden1@indot.in.gov
INDOT LaPorte District
315 East Boyd Boulevard
LaPorte, IN 46350
With a copy to: Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue
Indianapolis, IN 46204
For CITY: Kara M. Boyles, Ph.D., P.E.
City Engineer
227 West Jefferson Boulevard
South Bend, Indiana 46601
Phone: 574-235-5933
4.33. Order of Precedence; Incorporation by Reference. [Omitted – Not Applicable.]
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4.34. Ownership of Documents and Materials. [Omitted – Not Applicable.]
4.35. Payments. [Omitted – Not Applicable.]
4.36. Penalties/Interest/Attorney’s Fees. INDOT will in good faith perform its required
obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or
attorney's fees, except as required by Indiana law in part, IC §5-17-5, IC §34-54-8, and IC §34-
13-1.
4.37. Progress Reports. [Omitted – Not Applicable.]
4.38. Public Record. The CITY acknowledges that the State will not treat this Agreement as
containing confidential information and will post this Agreement on its website as required by
Executive Order 05-07. Use by the public of the information contained in this Agreement shall not
be considered an act of the State.
4.39. Renewal Option. This Agreement may be renewed under the same terms and conditions,
subject to the approval of the Commissioner of the Department of Administration and the State
Budget Director in compliance with IC §5-22-17-4. The term of the renewed Agreement may not
be longer than the term of the original Agreement.
4.40. Severability. The invalidity of any section, subsection, clause, or provision of this
Agreement shall not affect the validity of the remaining sections, subsections, clauses, or
provisions of this Agreement.
4.41. Status of Claims. The CITY shall be responsible for keeping INDOT currently advised as
to the status of any claims made for damages against the CITY resulting from services performed
under this Agreement.
4.42. Substantial Performance. This Agreement shall be deemed to be substantially performed
only when fully performed according to its terms and conditions and any written amendments or
supplements.
4.43. Taxes. The State is exempt from most state and local taxes and many federal taxes. The
State will not be responsible for any taxes levied on the CITY or its contractors because of this
Agreement.
4.44. Termination for Convenience. This Agreement may be terminated, in whole or in part,
by INDOT whenever, for any reason, INDOT determines that such termination is in its best
interest. Termination is affected by delivery to the CITY of a Termination Notice at least thirty
(30) days prior to the termination effective date, specifying the extent to which performance of
services under such termination becomes effective.
4.45. Termination for Default. [Omitted – Not Applicable.]
4.46. Travel. [Omitted – Not Applicable.]
13
4.47. Waiver of Rights. No right conferred on either party under this Agreement shall be
deemed waived, and no breach of this Agreement excused, unless such waiver is in writing and
signed by the party claimed to have waived such right. Neither the State’s review, approval or
acceptance of, nor payment for, the services required under this Agreement shall be construed to
operate as a waiver of any rights under this Agreement or of any cause of action arising out of the
performance of this Agreement, and the CITY shall be and remain liable to the State in accordance
with applicable law for all damages to the State caused by the CITY’s negligent performance of
any of the services furnished under this Agreement.
4.48. Work Standards. [Omitted – Not Applicable.]
4.49. 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
the 2022 SCM Template) in any way except as follows: None.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
14
Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the CITY, or
that the undersigned is the properly authorized representative, agent, member, or officer of the
CITY. Further, to the undersigned’s knowledge, neither the undersigned nor any other member,
employee, representative, agent, or officer of the CITY, 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 CITY 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 Agreements Database:
https://fs.gmis.in.gov/psp/guest/SUPPLIER/ERP/c/SOI_CUSTOM_APPS.SOI_PUBLIC_CNTR
CTS.GBL
In Witness Whereof, the CITY and the State 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]
15
September 12, 2023
16
STATE OF INDIANA Indiana Department of Transportation
Recommended for approval by:
Matthew Deitchley
LaPorte District Deputy Commissioner
Date:
Executed By:
(for)
Michael Smith, Commissioner
Date:
17
APPROVALS
[State approvals are electronic – see attached confirmation page.]
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:
This instrument was prepared for the Indiana Department of Transportation, 100 N. Senate
Avenue, Indianapolis, IN 46204, by Terresa Giller, Attorney No. 17698-49.
Contract No:B -40600 Change Order No.: 024
INDIANA Department of Transportation Page: 1
Construction Change Order and Time Extension Summary
Contract Information Contract No.: B -40600 Letting Date:11/17/2021
District:LAPORTE DISTRICT AE:Hauersperger, Steven PE/S:Borggren, Kent Status:Draft
Change Order Information Change Order No.: 024 EWA: Y or Force Acct: N
Date Generated: 08/28/2023 Date Approved: 00/00/0000
Reason Code: SCOPE CHANGES, Work On Private Facility
Description: 4 Inch Mill and HMA Resurface for the City of South Bend
Original Contract Amount $ 10,924,942.00
Current Change Order Amount $ 978,170.66 Percent: 8.954 %
Total Previous Approved Changes $ 566,729.79 Percent: 5.188 %
Total Change To-Date $ 1,544,900.45 Percent: 14.142 %
Modified Contract Amount $ 12,469,842.45
Time Extension Information
Date Initiated 00/00/0000 Date Completed 00/00/0000
Original Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0
SP Date 00/00/0000 or SP Days
(SS = Standard Specification, SP = Special Provision)
Time Element Description:
Current Time Extension SS Days 0 SP Days 0 SP Days Value $ 0.00
Previous Time Approved SS Days by AE:______ DCE:______ SCE:______ DDCM:______
SS Days____________ SP Days Value $ _______________
Revised Contract Time SS Completion Date 00/00/0000 or SS Calendar/Work Days 0
SS Date 00/00/0000 or SP Days 0
Contract No:B -40600 Change Order No.: 024
INDIANA Department of Transportation Page: 2
Construction Change Order and Time Extension Summary
Review and Approval Information
Required Approval Authority AE:________ DCE:________ SCE:________* DDCM:_______*
($ per Change Order) (- LE $ 250K-) (- LE $ 750K - ) ( -- LE $ 2 M -- ) ( -- GT $ 2 M -- )
(Days per Contract) ( 50 SS days ) ( 100 SS days ) ( 200 SS Days ) ( GT 200 SS days)
Verbal Approval Required?Y / N If Y, by_____________ Date Issued___________
Total Change To-Date>5%?Y / N If Y , Copy to Program Budget Manager_________________
Scope/Design Recommendation
Required?
Y / N If Y, Referred to Project Manager(PM) __________________
Date to PM__________ Date Returned___________
Approval Authority Concurs with PM? Y / N If Y, Concurrence by_______________ Date___________
If N,Resolution: Approved __________ Disapproved ___________
Resolved by_________________________ Date__________
LPA Signatures Required?Y / N If Y, Date to LPA _____________ Date Returned _________
FHWA Signatures Required? Y / N If Y, Date to FHWA____________ Date Returned_________
* Field Engineer Recommendation (Required for SCE or DDCM Approval)
Field Engineer _________________________Date _____________
Comments: ____________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
Contract No:B -40600 INDIANA Date:08/29/2023
Change Order No:024 Department of Transportation Page: 3
Contract:B -40600
Project:1701538 - State:170153800ST4
Change Order Nbr: 024
Change Order Description: 4 Inch Mill and HMA Resurface for the City of South Bend
Reason Code:SCOPE CHANGES, Work On Private Facility
CLN PCN PLN Item Code Unit Unit Price CO Qty Comment Amount Change
0208 1701538 0146 110-01001 LS 29,147.800 1.000 C Amount:$ 29,147.80
Item Description:MOBILIZATION AND DEMOBILIZATION
Supplemental Description1: City of South Bend
Supplemental Description2:
0209 1701538 0147 306-08038 SYS 8.300 25557.000 C Amount:$ 212,123.10
Item Description:MILLING ASPHALT 4 IN
Supplemental Description1: City of South Bend
Supplemental Description2:
0210 1701538 0148 109-08440 DOL 1.000 1.000 C Amount:$1.00
Item Description:QUALITY ADJUSTMENTS HMA
Supplemental Description1: City of South Bend
Supplemental Description2:
0211 1701538 0149 401-07335 TON 125.000 2109.000 C Amount:$ 263,625.00
Item Description:QC/QA-HMA 4 76 SURFACE 9.5 mm
Supplemental Description1: City of South Bend
Supplemental Description2:
0212 1701538 0150 401-07404 TON 98.000 3514.000 C Amount:$ 344,372.00
Item Description:QC/QA-HMA 4 76 INTERMEDIATE 19.0 mm
Supplemental Description1: City of South Bend
Supplemental Description2:
0213 1701538 0151 401-10258 LFT 0.580 11470.000 C Amount:$ 6,652.60
Item Description:JOINT ADHESIVE SURFACE
Supplemental Description1: City of South Bend
Supplemental Description2:
0214 1701538 0152 401-10259 LFT 0.580 11470.000 C Amount:$ 6,652.60
Item Description:JOINT ADHESIVE INTERMEDIATE
Supplemental Description1: City of South Bend
Supplemental Description2:
0215 1701538 0153 406-05521 SYS 0.100 48680.000 C Amount:$ 4,868.00
Item Description:ASPHALT FOR TACK COAT
Supplemental Description1: City of South Bend
Supplemental Description2:
0216 1701538 0154 402-07451 TON 185.170 50.000 C Amount:$ 9,258.50
Item Description:HMA WEDGE AND LEVEL TYPE B
Supplemental Description1: City of South Bend
Supplemental Description2:
0217 1701538 0155 801-06775 LS 62,000.000 1.000 C Amount:$ 62,000.00
Item Description:MAINTAINING TRAFFIC
Supplemental Description1: City of South Bend
Contract No:B -40600 INDIANA Date:08/29/2023
Change Order No:024 Department of Transportation Page: 4
Supplemental Description2:
0218 1701538 0156 808-12032 LFT 0.670 13647.000 C Amount:$ 9,143.49
Item Description:GROOVING FOR PAVEMENT MARKINGS
Supplemental Description1: City of South Bend
Supplemental Description2:
0219 1701538 0157 808-10031 LFT 0.740 4185.000 C Amount:$ 3,096.90
Item Description:LINE MULTI-COMPONENT BROKEN WHITE 4 IN
Supplemental Description1: City of South Bend
Supplemental Description2:
0220 1701538 0158 808-10033 LFT 0.670 2086.000 C Amount:$ 1,397.62
Item Description:LINE MULTI-COMPONENT SOLID WHITE 4 IN
Supplemental Description1: City of South Bend
Supplemental Description2:
0221 1701538 0159 808-10034 LFT 0.670 5226.000 C Amount:$ 3,501.42
Item Description:LINE MULTI-COMPONENT SOLID YELLOW 4 IN
Supplemental Description1: City of South Bend
Supplemental Description2:
0222 1701538 0160 808-75297 LFT 18.070 212.000 C Amount:$ 3,830.84
Item Description:TRANSVERSE MKG THERMO STOP WHITE 24 IN
Supplemental Description1: City of South Bend
Supplemental Description2:
0223 1701538 0161 808-75320 EACH 232.130 35.000 C Amount:$ 8,124.55
Item Description:PAVEMENT MSG MKG THERMO LANE IND ARROW
Supplemental Description1: City of South Bend
Supplemental Description2:
0224 1701538 0162 808-75325 EACH 305.090 6.000 C Amount:$ 1,830.54
Item Description:PAVEMENT MSG MARKING THERMO ONLY
Supplemental Description1: City of South Bend
Supplemental Description2:
0225 1701538 0163 801-11642 EACH 4,272.350 2.000 C Amount:$ 8,544.70
Item Description:PORTABLE CHANGEABLE MESSAGE SIGN
Supplemental Description1: City of South Bend
Supplemental Description2:
Total Value for Change Order 024 = $ 978,170.66
Whereas, the Standard Specifications for this contract provides for such work to be performed, the following change is recommended.
General or Standard Change Order Explanation
As part of intentional partnering between the City of South Bend and INDOT it has been determined that it is in the best interest of all parties to
perform milling and resurface work on Michigan Street in conjunction with INDOTs paving of US 31. The limits of the paving would be from
INDOTs Right-of-Way just south of Ireland Road, north to the roundabout at Chippewa Avenue. INDOT is performing the same type of work
between Jackson Road Bridge and the northern Right-of-Way limits on US 31. This work would be 100% funded by the City of South Bend. Items
Quality Adjustment HMA, Joint Adhesive, Asphalt for Tack Coat, Line Multi Component were all existing contract line items but new items were
created to keep all of the City of South Bend work seperate. The remaining items were new, and price justifications are attached.
General or Standard Change Order Explanation
A contract time adjustment is not required for this change.
Contract No:B -40600 INDIANA Date:08/29/2023
Change Order No:024 Department of Transportation Page: 5
Change Order Explanation for Specific Line Item
****************************************************************************************************************************
It is the intent of the parties that this change order is full and complete compensation for the work describe above.
Notification and consent to this change order is hereby acknowledged.
Contractor:____________________________________________Signed By:_____________________________________________
Date:__________________________________________________
***************************************************************************************************************************
NOTE: Other required State and FHWA signatures will be obtained electronically through the SiteManager system.
Contract No:B -40600 INDIANA Date:08/29/2023
Change Order No:024 Department of Transportation Page: 6
****************************************************************************************************************************
APPROVED FOR LOCAL PUBLIC AGENCY
______________________________________________________________________________
(SIGNATURE)(TITLE)(DATE)
______________________________________________________________________________
(SIGNATURE)(TITLE)(DATE)
****************************************************************************************************************************
SUBMITTED FOR CONSIDERATION
PE/S _________________________
****************************************************************************************************************************
APPROVED FOR INDIANA DEPARTMENT OF TRANSPORATION
Approval Level Name of Approver Date Status
September 12, 2023
Project Number: B-40600Project Name: US 20 Over US 31Title: 1701538 - Mob & Demob - South BendItem Base Mark-up Mark-up Total TotalNumberDescriptionQuantityUnitRateRuleCostUnitCostLabor STLaborer GF16.00 HR $70.13L$224.42 $84.16 $1,346.50Teamster Lowboy16.00 HR $136.00L$435.20 $163.20 $2,611.20EquipmentGF F-15016.00 HR$21.60E $41.47 $24.19 $387.07MaterialSubcontractorsRieth - Additional Survey1.00 LS$5,000.00S $350.00 $5,350.00 $5,350.00Rieth - Mob/Demob1.00 LS$10,000.00S $700.00 $10,700.00 $10,700.00TCS - Mob Thermo & Perm. Stripe1.00 LS$7,700.00S $539.00 $8,239.00 $8,239.00BondGeneral Liability (1.3%)1.00 LS$372.24B$37.22 $409.46 $409.46Superior Bond (0.3320% Bond) 1.00 LS $95.06B $9.51 $104.57 $104.57Total Extra Work = $29,147.80Note:Mark-up rules are L=20% labor, E=12% equipment, M=12% materials, S=7% subComments:Extra Work Summary
Item Selected:306-08038 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $725.88
Middle Estimate $675.96
Lower Estimate $626.04
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
New item in
contract
$10,924,942.00
Milling Asphalt 4 In
$675,960.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(27 < q < 46032)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017 2016
Optional: Pre
B R RS
Unit (Must show one only)
SYS
Unit
ACRE CYS DAY
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$1.41
$3.76
$5.00
$6.23
$8.30 $8.58
95% Limit -25% Range Average +25% Range New Price 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$3.76 < 50% Range < $6.23
$1.41 < 95% Confid. < $8.58
(95% or +/- 47.5 % from average)
*4) New Price:
$8.30
Item # :306-08038
At 46.4% from average (within
95% range)
Unit: SYS
7589 N:34
Min:$3.36
Max:$55.00
Straight Av.: $9.11
Weighted Av.:$5.00
Median $6.00
Std Dev. $10.68
Item Selected:401-07335 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 19
Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $414.65
Middle Estimate $402.48
Lower Estimate $390.31
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 14.25
25%Above, or 23.75
Comments:
Name:
Date:
$10,924,942.00
Qc/Qa-Hma 4 76 Surface 9.5 Mm
$7,647.12
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(5 < q < 3814)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017 2016
Optional: Pre
B R
Unit (Must show one only)
TON
Unit
DOL EACH LFT
$67
$72
$77
$82
$87
14.25 15.25 16.25 17.25 18.25 19.25 20.25 21.25 22.25 23.25
Selected Ite...
Yes
$55.41
$92.67
$112.22
$125.00 $131.78
$169.04
95% Limit -25% Range Average New Price +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$92.67 < 50% Range < $131.78
$55.41 < 95% Confid. < $169.04
(95% or +/- 47.5 % from average)
*4) New Price:
$125.00
Item # :401-07335
At 17% from average (within 95%
range)
Unit: TON
N:44
Min:$55.00
Max:$1,000.00
Straight Av.: $195.41
Weighted Av.:$112.22
Median $140.00
Std Dev. $192.29
Item Selected:401-07404 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 19
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $414.65
Middle Estimate $402.48
Lower Estimate $390.31
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 14.25
25%Above, or 23.75
Comments:
Name:
Date:
$10,924,942.00
Qc/Qa-Hma 4 76 Intermediate 19.0
Mm
$7,647.12
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(55 < q < 29322)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017 2016
Optional: Pre
B R RS
Unit (Must show one only)
TON
Unit
DOL EACH LFT
$67
$72
$77
$82
$87
14.25 15.25 16.25 17.25 18.25 19.25 20.25 21.25 22.25 23.25
Selected Ite...
Yes
$78.04
$89.96 $96.21 $98.00 $102.46
$114.37
95% Limit -25% Range Average New Price +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$89.96 < 50% Range < $102.46
$78.04 < 95% Confid. < $114.37
(95% or +/- 47.5 % from average)
*4) New Price:
$98.00
Item # :401-07404
At 7.7% from average (within 95%
range)
Unit: TON
N:34
Min:$71.00
Max:$320.00
Straight Av.: $116.82
Weighted Av.:$96.21
Median $95.00
Std Dev. $54.03
Item Selected:402-07451 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 19
Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $414.65
Middle Estimate $402.48
Lower Estimate $390.31
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 14.25
25%Above, or 23.75
Comments:
Name:
Date:
New item in
contract
$10,924,942.00
Hma Wedge And Level Type B
$7,647.12
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(2 < q < 128)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017 2016
Optional: Pre
B R RS
Unit (Must show one only)
TON
Unit
DOL EACH LFT
$67
$72
$77
$82
$87
14.25 15.25 16.25 17.25 18.25 19.25 20.25 21.25 22.25 23.25
Selected Ite...
Yes
$166.20
$185.17 $185.55 $195.70 $205.85
$225.19
95% Limit New Price -25% Range Average +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$185.55 < 50% Range < $205.85
$166.20 < 95% Confid. < $225.19
(95% or +/- 47.5 % from average)
*4) New Price:
$185.17
Item # :402-07451
At -25.8% from average (within
95% range)
Unit: TON
N:33
Min:$128.00
Max:$500.00
Straight Av.: $230.32
Weighted Av.:$195.70
Median $210.00
Std Dev. $86.45
Item Selected:801-06775 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
$10,924,942.00
Maintaining Traffic
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(1 < q < 1)
Optional: Dist
C F G
L S
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R T
Unit (Must show one only)
LS
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$45,724.21
$55,475.11 $60,591.42 $62,000.00 $65,707.74
$75,458.64
95% Limit -25% Range Average New Price +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$55,475.11 < 50% Range < $65,707.74
$45,724.21 < 95% Confid. < $75,458.64
(95% or +/- 47.5 % from average)
*4) New Price:
$62,000.00
Item # :801-06775
At 7.4% from average (within 95%
range)
Unit: LS
N:32
Min:$18,248.17
Max:$194,594.59
Straight Av.: $60,591.42
Weighted Av.:$60,591.42
Median $45,977.10
Std Dev. $42,909.81
Item Selected:808-12032 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
$10,924,942.00
Grooving For Pavement Markings
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(104 < q < 20000)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R
Unit (Must show one only)
LFT
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$0.42
$0.67 $0.72
$0.88
$1.04
$1.34
95% Limit New Price -25% Range Average +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$0.72 < 50% Range < $1.04
$0.42 < 95% Confid. < $1.34
(95% or +/- 47.5 % from average)
*4) New Price:
$0.67
Item # :808-12032
At -31.5% from average (within
95% range)
Unit: LFT
N:38
Min:$0.48
Max:$6.00
Straight Av.: $1.52
Weighted Av.:$0.88
Median $1.00
Std Dev. $1.46
Item Selected:808-75297 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
$10,924,942.00
Transverse Mkg Thermo Stop White
24 In
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(10 < q < 911)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R RS T
Unit (Must show one only)
LFT
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$15.95 $16.77 $17.20 $17.63 $18.07 $18.45
95% Limit -25% Range Average +25% Range New Price 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$16.77 < 50% Range < $17.63
$15.95 < 95% Confid. < $18.45
(95% or +/- 47.5 % from average)
*4) New Price:
$18.07
Item # :808-75297
At 41.4% from average (within
95% range)
Unit: LFT
N:42
Min:$15.00
Max:$25.58
Straight Av.: $19.49
Weighted Av.:$17.20
Median $20.00
Std Dev. $4.13
Item Selected:808-75320 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
New item in
contract
$10,924,942.00
Pavement Msg Mkg Thermo Lane
Ind Arrow
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(1 < q < 94)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R RS T
Unit (Must show one only)
EACH
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$220.08 $228.64 $232.13 $233.13 $237.62 $246.18
95% Limit -25% Range New Price Average +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$228.64 < 50% Range < $237.62
$220.08 < 95% Confid. < $246.18
(95% or +/- 47.5 % from average)
*4) New Price:
$232.13
Item # :808-75320
At -6% from average (within 95%
range)
Unit: EACH
N:37
Min:$180.00
Max:$317.00
Straight Av.: $231.07
Weighted Av.:$233.13
Median $235.00
Std Dev. $40.51
Item Selected:808-75325 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
New item in
contract
$10,924,942.00
Pavement Msg Marking Thermo
Only
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(1 < q < 9)
Optional: Dist
C G L
S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R RS T
Unit (Must show one only)
EACH
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$293.18 $305.09 $311.97 $321.83 $331.69 $350.48
95% Limit New Price -25% Range Average +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$311.97 < 50% Range < $331.69
$293.18 < 95% Confid. < $350.48
(95% or +/- 47.5 % from average)
*4) New Price:
$305.09
Item # :808-75325
At -37.4% from average (within
95% range)
Unit: EACH
N:30
Min:$260.00
Max:$610.00
Straight Av.: $339.00
Weighted Av.:$321.83
Median $300.00
Std Dev. $80.06
Item Selected:801-11642 Item Desc: Contract No:40600
Contract:B 40600 # of Des:7 Awarded: Work Type:
Dist:L County: Award $:
Advanced: Forecasting and Predicting the Price of Specific Quantity (using Same Selected Ranges, without slicers or manual filters)
1) Click On :2) Select Yes:3) One Unit only:
4) Enter quantity 1000
Out of Limit Selected Ranges or filters don't match, Check manual filters/optional slicers or Refresh
5) Enter Range:50%
6) Resize Chart
Unit Price
Higher Estimate $299.20
Middle Estimate $18.05
Lower Estimate ($263.10)
Optional : Enter Graph Limit to plot the data for quantity:
25%Below, or 750
25%Above, or 1250
Comments:
Name:
Date:
New item in
contract
$10,924,942.00
Portable Changeable Message Sign
$18,050.00
Total Amount:
12/09/2021
St. Joseph
Bridge Replacement
Prime Contractor: Superior Construction Co Inc
(1 < q < 2)
Optional: Dist
C F G
L S V
Optional: Letting Year
2023 2022 2021 2020
2019 2018 2017
Optional: Pre
B R T
Unit (Must show one only)
EACH
Unit
DAY EACH HRS
$76
$81
$86
$91
$96
$101
37.5 42.5 47.5 52.5 57.5 62.5
Selected Ite...
$3,930.85 $4,272.35 $4,517.40 $4,825.16 $5,132.92
$5,719.46
95% Limit New Price -25% Range Average +25% Range 95% Limit
*3) Optional : % of Price Range to be included (Default 50%):
50.0%(or: +/- 25% from average)
from: to:
$4,517.40 < 50% Range < $5,132.92
$3,930.85 < 95% Confid. < $5,719.46
(95% or +/- 47.5 % from average)
*4) New Price:
$4,272.35
Item # :801-11642
At -38.7% from average (within
95% range)
Unit: EACH
N:34
Min:$1,872.00
Max:$14,285.00
Straight Av.: $4,867.26
Weighted Av.:$4,825.16
Median $3,915.00
Std Dev. $2,660.58
BOARD OF PUBLIC WORKS
AGENDA ITEM REVIEW REQUEST FORM
Date 8/3023
Name Scott Kreeger
Department Public
Works
BPW Date 9/7/23 Phone Extension 9245
Required Prior to Submittal to Board
BPW Attorney Attorney Name Michael Schmidt
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: Memorandum 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 Michigan Street Repaving
Project Number 123-066 (DFO Proj 420)
Funding Source Southside Development TIF
Account No. 430-10-102-121-442001
Amount $978,930.17
Terms of Contract Unit Price
Purpose/Description _Memorandum of Understanding with INDOT for the additional paving of US
31 (Michigan St) from INDOT project limits to Chippewa
Ave___________________________________________________________
_____________________
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: