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HomeMy WebLinkAboutAmendment No 1 to LPA - Safe Routes Muessel Proj 122-006 - INDOT ELIZABETH A. MARADIK JOSEPH R. MOLNAR GARY A. GILOT MURRAY L. MILLER BRIANA MICOU 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 December 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 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: Amendment No. 1 to Local Public Agency Contract To Whom It May Concern: At its December 12, 2023 meeting, the Board of Public Works approved the above referenced contract for a decrease in the federal contribution to the construction budget for Safe Routes to School - Muessel Primary - Holy Cross Area, Project No. 122-006, DES #1900447 in the amount of $218,250; decreased to the amount: $1,052,750.40. 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. Enclosed please find a copy of the amendment for your records. If you have any further questions, please call this office at (574) 235-9251. Sincerely, /s/ Theresa Heffner Theresa Heffner, Clerk Enclosures TH/lh Page 1 of 3 CONTRACT #0000000000000000000062068 AMENDMENT #1 TO THE INDIANA DEPARTMENT OF TRANSPORTATION LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT Des No.: 1900447 LPA DUNS /UEI #: NKA5ZKGL9CC4 CFDA #: 20.205 This Amendment, is made by and between the State of Indiana, acting by and through the Indiana Department of Transportation (hereinafter referred to as "INDOT"), and CITY OF SOUTH BEND (hereinafter referred to as the "LPA"), and jointly referred to as th e "Parties," is executed pursuant to the terms and conditions set forth herein and shall be effective as of the date of approval by the Office of the Indiana Attorney General. In consideration of those mutual undertakings and covenants, the Parties agree as follows: RECITALS WHEREAS, the Parties entered into a Local Public Agency Coordination Contract under SCM# 62068 on June 21, 2022 for Des 1900447, bike pedestrian facilities, South Bend sidewalk repair, Muessel Primary- Holy Cross School Area (the "Contract"); and WHEREAS, additional time is needed in order to complete the project and the term has been extended to allow for completion of the project; and WHEREAS, the Parties agree the Contract should be amended to reflect the program has changed from (STBG) State Transportation Block Grant to (HSIP), Highway Safety Improvement Program; and WHEREAS, the Parties agree the Contract should be amended to reflect the new federal aid funds allocated to the project that have decreased to the amount of $1,052,750.40 ; and WHEREAS, the Parties wish to substitute Attachment A-1 , which includes the new federal funding for all phases of the project, for Attachment A; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows: 1. Attachment A of the Contract is deleted in its entirety and is hereby substituted with Attachment A-1. 2. Section I. of the contract is amended in its entirety to read as follows: I. PROJECT DESCRIPTION. 1.1 The Parties are entering into this Contract to complete the Project described as follows: Des. No. 1900447 DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 Page 2 of 3 Program: Group I - HSIP Type of Project: Bike Pedestrian Facilities General Scope/Location: South Bend Sidewalk repair Muessel Primary – Holy Cross School area 3. Section V. of the Contract is amended in its entirety to read as follows: V. TERM AND SCHEDULE. A. If the LPA has the plans, special provisions, and cost estimate (list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (INDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract), between July 1, 2024 and June 30, 2025, INDOT will make the federal funds shown in section I.B. of Attachment A-1 available for the Project, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment A-1 are available. B. In the event that federal funds for the Project are not obligated during the time listed in section V.A, but the LPA has the plans, special provisions, and cost estimate for the Project ready such that federal funds can be obligated between July 1, 2025 and June 30, 2027 INDOT will schedule the contract for letting, provided the Project is eligible, and provided the federal funds shown in section I.B. of Attachment A-1 are available. C. In the event that federal funds for the Project are not obligated during the period listed in section V.A. or section V.B, the federal funds allocated to the Project may be obligated in the fiscal year chosen by INDOT or the federal funds allocated to the Project will lapse. D. If the Program shown on Attachment A-1 is Group I or Group II, Sections V.A, V.B and V.C do not apply, but will be obligated according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is within their fiscal year allocation or within the agreed upon use of the MPO's prior year balances. 4. All other matters previously agreed to and set forth in the original Contract and not affected by this Amendment shall remain in full force and effect. THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLAN K DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 Page 3 of 3 Non-Collusion and Acceptance The undersigned attests, subject to the penalties for perjury, that the undersigned is the LPA, or that the undersigned is the properly authorized representative, agent, member or officer of the LPA. Further, to the undersigned's knowledge, neither the undersigned nor any other member, employee, representative, agent or officer of the LPA, directly or indirectly, has entered into or offered any sum of money or other consideration for the execution of this Contract other than that which appears upon the face hereof. Furthermore, if the undersigned has knowledge that a state officer, employee, or special state appointee, as those terms are defined in IC § 4-2-6-1, has a financial interest in the Contract, the LPA attests to compliance with the disclosure requirements in IC § 4-2-6-10.5 Agreement to Use Electronic Signatures I agree, and it is my intent, to sign this Contract by accessing State of Indiana Supplier Portal using the secure password assigned to me and by electronically submitting this Contract to the State of Indiana. I understand that my signing and submitting this Contract in this fashion is the legal equivalent of having placed my handwritten signature on the submitted Contract and this affirmation. I understand and agree that by electronically signing and submitting this Contract in this fashion I am affirmi ng to the truth of the information contained therein. I understand that this Contract will not become binding on the State until it has been approved by the Department of Administration, the State Budget Agency, and the Office of the Attorney General, which approvals will be posted on the Active Contracts Database: https://secure.in.gov/apps/idoa/contractsearch/. In Witness Whereof, the LPA and the State have, through their duly authorized r epresentatives, entered into this Contract. The parties, having read and understood the foregoing terms of this Contract, do by their respective signatures dated below agree to the terms thereof. CITY OF SOUTH BEND Indiana Department of Transportation By:\s1\ ___________________________ By:\s 2\______________________ Title:\t1\______________________________ Title:\t 2\_______________________ Date:\d1\_________________________ Date:\d 2\_____________________ Electronically Approved by: Department of Administration By: (for) Rebecca Holwerda, Commissioner Electronically Approved by: State Budget Agency By: (for) Zachary Q. Jackson, Director Electronically Approved as to Form and Legality: Office of the Attorney General By: (for) Theodore E. Rokita, Attorney General DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 11/28/2023 | 13:44 EST President, Board of Public Works Director, Local Programs 11/28/2023 | 11:00 PST Page 1 of 3 ATTACHMENT A-1 PROJECT FUNDS I. Project Costs. A. This contract is just for the one (1) phase checked below: _________Preliminary Engineering or _________Right-of-Way or ____X ___Construction Otherwise, this contract covers all phases. B. If the Program shown on Attachment A is receiving MPO federal-aid funds for the project, the LPA is allocated the funds through the MPO as written in their fiscally constrained TIP. Any adjustments (positive or negative) to the dollar amount listed in the TIP, or any increase or decrease in the funding from a prior year, authorized by the MPO that may not be reflected in the current TIP, are hereby considered adjustments to the contract between the LPA and INDOT, as the MPO must maintain fiscal constraint for all projects listed. Federal funds made available to the LPA by INDOT will be used to pay 80% of the eligible Project costs. The maximum amount of federal-aid funds allocated to the Project is dependent upon the current TIP allocation. As of this date, October 20, 2023, the maximum amount according to the TIP dated October 11, 2023 is $1,052,750.40 . The most current MPO TIP page, or MPO authorization, is uploaded into INDOT's Scheduling Project Management System (SPMS). OR Federal-aid Funds made available to the LPA by INDOT will be used to pay ___% of the eligible Project costs. The maximum amount of federal funds allocated to the project is $___. C. The LPA understands and agrees that it is INDOT's policy to only allow non - discretionary changes to a Project scope aft er bidding. Changes to the Project scope after bidding that are by the choice of the LPA and are not required to complete the Project will not be eligible for federal-aid funds and must be funded 100% locally. D. The LPA understands and agrees that the fe deral-aid funds allocated to the Project are intended to accomplish the original scope of the Project as designed. If the Project bid prices are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining balance of federal-aid funds will revert back to the Local Program. E. If the Program shown on Attachment A is Group I or Group II, Section E. does not apply. If the Project bid prices are lower than estimated, the LPA may not utilize those federal- aid funds and the remaining ba lance of federal-aid funds will revert back to the MPO. F. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt, INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in a document (which specifically references section I.D. of Attachment D of this contract) signed by an authorized representative of INDOT, the Indiana Department of Administration, State Budget Agency, and the Attorney General of Indiana. G. Costs will be eligible for FHWA participation provided that the costs: DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 Page 2 of 3 (1) Are for work performed for activities eligible under the section of title 23, U.S.C., applicable to the class of funds used for the activities; (2) Are verifiable from INDOT's or the LPA's records; (3) Are necessary and reasonable for proper and efficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFR section 18.22; (4) Are included in the approved budget, or amendment thereto; and (5) Were not incurred prior to FHWA authorization. H. Every project must have a project end date based upon the reasonable timeframe for the project phase to be completed. If a project end date lapses, the project is no longer eligible for federal reimbursement in accordance with 2 CFR 200. See https://www.in.gov/indot/2833.htm . II. Billings. A. Billing: (1) When INDOT awards and enters into a contract (i.e., construction, utility, and/or railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs. The LPA shall pay the invoice within thirty (30) calendar days from date of INDOT's billing. (2) The LPA understands time is of the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or in creased costs for the Project. (3) If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in II.A.1 of Attachme nt D and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of the Motor Vehicle Highway Account to INDOT's account. (4) Federal funds on projects which ha ve not been billed for a twelve (12) month period are considered inactive and must be removed from the project in accordance with 2 CFR 200. To receive federal funding within the twelve (12) month period, INDOT must receive a billing within nine (9) month s. See https://www.in.gov/indot/2833.htm. DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 Page 3 of 3 III. Repayment Provisions. If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or on behalf of the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within thirty (30) days after receipt of a b illing from INDOT. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may proceed in accordance with I.C. 8 -14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds for th e LPA's allocation of the Motor Vehicle Highway Account to INDOT's account until the amount due has been repaid. DocuSign Envelope ID: B5F4B67E-11BF-4BC8-ABE4-2F66A4E8D952 BOARD OF PUBLIC WORKS AGENDA ITEM REVIEW REQUEST FORM Date: 11/27/23 Name: Gemma Stanton Department of Public Works – Engineering Division BPW Date: December 12, 2023 Phone Extension: 9083 Required Prior to Submittal to Board BPW Attorney Attorney Name Dept. Attorney Attorney Name Purchasing 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 INDOT New Vendor Yes If Yes, Approved by Purchasing No MBE/WBE Contractor MBE WBE Completed E-Verify Form Attached Yes No Project Name Safe Routes to School – Muessel Primary-Holy Cross Area Project Number 122-006 (INDOT DES #1900447) Funding Source PR will be generated after project letting Account No. Amount $218,250 decrease in federal funds Terms of Contract Purpose/Description Amendment to INDOT-LPA contract decreases federal contribution to the construction budget of the project by $218,250 and changes project funding source from State Transportation Block Grant to Highway Safety Improvement Program. 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: