HomeMy WebLinkAboutResolution_BPW_06-01-22-03;_INDOT_LPA;_TIP_Maximum_Amount_($319,500.00);_Project_Coordination_ContraRESOLUTION NO. BPW 06-01-22-03
RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
ACKNOWLEDGING AGREEMENT BETWEEN CITY AND VENDOR
WHEREAS, pursuant to Indiana Code 36-1-4-7, the City of Carmel, Indiana (“City”), is authorized to enter
into contracts; and
WHEREAS, pursuant to Indiana Code 36-4-5-3, the City’smayor may enter into contracts on behalf ofthe
City; and
WHEREAS, pursuant to his authority under Indiana law, the City’smayor, the Honorable James C. Brainard,
has caused to be signed the Agreement attached hereto as Exhibit A (the “Contract”); and
WHEREAS, Mayor Brainard now wishes to present the contract to the City’sBoard of Public Works and
Safety for it to be publicly acknowledged, filed in the Clerk’sOffice, and made available to the public for review.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety as
follows:
1. The foregoing Recitals are incorporated herein by this reference.
2. The receipt of the Contract is hereby acknowledged.
3. The Contract shall be promptly filed in the office of the Clerk and thereafter made available to the public
for review.
SO RESOLVED this day of , 2022.
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
S:\\EBass\\MyDocuments\\BPW-Resolutions\\2022\\Acknowledge Agreement INDOT LPA62641.docx5/23/2022 2:00PM
1st June
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6/1/2022
6/1/2022
6/1/2022
6/1/2022
INDIANA DEPARTMENT OF TRANSPORTATION -LOCAL PUBLIC AGENCY
PROJECT COORDINATION CONTRACT
CONTRACT #0000000000000000000062641
Des. No.: 2200152
LPA DUNS/UEI #FY55BHEGR2J5
CFDA No.: 20.205
This Contract isentered intoby and between the State of Indiana, acting by andthrough the Indiana
Department of Transportation, (hereinafter referred to as "INDOT"), and the CITY OF CARMEL, a local
public agency in the State of Indiana (hereinafter referred to as the "LPA"), and collectively referred to as
the "PARTIES" isexecuted pursuant to the terms and conditions set forth herein and shall be effective as of
the date ofapproval bythe Office ofthe Indiana Attorney General. In consideration ofthose mutual
undertakings and covenants, the PARTIES agree asfollows:
NOTICE TO PARTIES
Whenever any notice, statement or other communication isrequired under this Contract, itshall be
sent to thefollowing address, unless otherwise specifically advised.
A.Notice toINDOT, regarding contract provisions shall be sent to:
Office of LPA and Grant Administration
Attention: Director of LPA and Grant Administration
100 North Senate Avenue, Room N758 -LPA Program
Indianapolis, Indiana 46204
With acopy to:
Chief Legal Counsel and Deputy Commissioner
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis,Indiana 46204
B.Notices toINDOT regarding project management shall be sent to respective District Office:
INDOT Greenfield District
32 South Broadway
Greenfield, Indiana 46140
C.Notices to the LPA shall be sent to:
City of Carmel
One Civic Square
Carmel, IN46032
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RECITALS
WHEREAS, the LPA has submitted an application to receive federal funds for the project
described in Attachment A (the "Project"), which is attached herein and made an integral part of this
Contract; and
WHEREAS, INDOT hasapproved of the LPA'sapplication for federal funding, andthe PARTIES
desire to enter into this Contract to establish the responsibilities for the Project; and
WHEREAS, the LPA shall be responsible forits share of the Project cost as stated in this
Contract; and
WHEREAS, the LPA desires to expedite delivery of the Project, comply with all federal
requirements and fiscally manage the Project; and
WHEREAS, the PARTIES have determined the Project isin the best interests of the citizens of the
State of Indiana; and
WHEREAS, the PARTIES execute this Contract pursuant to Indiana Code §§ 8-23-2-5, 8-23-2-6,
8-23-4-7, 36-1-4-7, and 36-1-7-3, and Titles 23 and 49 of theUnited States Code and Titles 23 and 49 of
the Code of Federal Regulations; and
NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the
LPA and INDOT agree asfollows:
I. PROJECT DESCRIPTION.
1.1. The Parties are entering into this Contract tocomplete theProject described as follows:
Des. No. 2200152
Program: Group I Transportation Alternatives
Type of Project: Bike Pedestrian Facilities
thGeneralScope/Location: Carmel Bike Pedestrian Facilities on 96Street over I-465 Bridge
1
II. LPA RESPONSIBILITIES.
2.1.The LPA shall complete the Project in accordance with INDOT'sDesign Manual (See
http://www.in.gov/indot/design_manual/) and all pertinent state and federal laws, regulations,
policies and guidance, including the INDOT'sLPA Guidance Document (See
https://www.in.gov/indot/2390.htm ). The LPA or its consultant shall prepare the environmental
document(s) for the Project in accordance with INDOT'sEnvironmental Manual (See
http://www.in.gov/indot/2523.htm). Land acquisition for the Project by the LPA or itsconsultant
shall be in accordance with INDOT'sReal Estate Manuals (See http://www.in.gov/indot/2493.htm).
2.2.The LPA shall select the consultant in accordance with INDOT'sconsultant selection procedure for
the consultant services to beeligible for federal funding or federal credits.
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2.3.Ifthe LPA contracts with aconsultant, contractor, orother agent to complete work on the Project, the
LPA may use either the "LPA-CONSULTANT Agreement", which is found at
http://www.in.gov/indot/2833.htm, or an agreement that hasbeen reviewed and approved by INDOT.
2.4. The LPA shall provide allrelevant documents including, but notlimited to, allplans, specifications,
and special provisions, to INDOT for its review. Upon INDOT'sreview, the LPA shall modify the
submittal in accordance with INDOT'smodifications or comments, ifany. Ifthe LPA fails to
provide asubmittal, untimely provides the submittal, or the submittal is not approvable, the schedule,
cost, and federal funds for the Project may be jeopardized.
2.5. The LPA shall complete all right-of-way acquisition, utility coordination and acquire the necessary
permit(s) and submit documentation of such to INDOT. The utility coordination shall be in
accordance with 105IAC 13.
2.6. IftheLPA fails to meet any of the requirements of Sections 2.1, 2.2, 2.4, or 2.5above, INDOT will
notlet theconstruction Project. IfINDOT, andFHWA where necessary, approve LPA'ssubmittals,
INDOT shall schedule the Project for letting atthe next reasonable date.
2.7. The cost of the invoice of the construction, utility, and/or railroad work shall be paid by the LPA no
later than thirty (30) calendar days from the date of letting.
2.8. The LPA shall make timely payments of costs to INDOT to avoid delays and increased costs to the
Project. Ifthe LPA fails to make timely payments of the full amount invoiced byINDOT, within
sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating
to this Contract, including thecontracts listed in II.A.1 of Attachment A, which isattached hereto
and incorporated herein by reference, and/or proceed in accordance with I.C. 8-14-1-9 to compel the
Auditor of the State of Indiana to make amandatory transfer of funds from the LPA'sallocation of
the Motor Vehicle Highway Account to INDOT'saccount.
2.9. The LPA shall be responsible for allcosts associated with additional provisions and/or expenses in
excess of the federal funds allocated to the Project. The LPA, in conjunction with FHWA (if
applicable) and INDOT shall review and approve all change orders submitted by the field Project
Engineer/Supervisor, and such approvals shall not be unreasonably withheld.
2.10. The LPA shall provide competent and adequate engineering, testing, and inspection service to ensure
the performance of the work is in accordance with the construction contract, plans andspecifications
and any special provisions or approved change orders. If, in INDOT'sopinion, the services
enumerated in this Section are deemed to be incompetent, inadequate or are otherwise insufficient,
or ifa dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or
replace the engineers orinspectors providing these services at thesole expense ofthe LPA.
2.10.1. Ifproject inspection will beprovided by full-time LPA employees, the personnel must be
employees ofthe LPA. Temporary employment or retainage-based payments are not
permissible. INDOT must pre-approve, inwriting, the LPA's personnel. Only costs incurred
after INDOT'swritten notice toproceed to theLPA shall be eligible for federal-aid
participation. Allclaims for federal aidshall be submitted to the District office, referenced
on Page 1ofthe Contract for payment.
2.10.2. Ifproject inspection will be provided by the LPA'sconsultant, INDOT must approve,
in writing, the consultant personnel prior to their assignment to the Project. The LPA shall
execute acontract with aconsultant setting forth the scope of work and fees. The LPA shall
submit this contract to INDOT prior to INDOT'sReady for Contracts date for the Project.
Only costs incurred after INDOT'swritten notice to proceed to theLPA and the LPA's
written notice to proceed tothe consultant shall be eligible for federal aid participation. All
claims forfederal aid shall be submitted to the District office, referenced on page 1of this
Contract for payment.
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2.11. The LPA shall submit reports, including but not limited to quarterly reports, to INDOT regarding the
Project's progress and the performance of work per INDOT standard reporting methods. Ifthe
required reports are not submitted, federal funds may be withheld.
2.12. The LPA hereby agrees that all utilities which cross or otherwise occupy the right-of-way of
said Project shall be regulated on a continuing basis by the LPA in accordance with INDOT's
Utility Procedure and Accommodation Policy (See https://www.in.gov/indot/doing-business-with-
indot/files/UAP-Final-Draft-5.29.19.pdf). The LPA shall execute written use and occupancy
contracts as defined in this Policy.
2.13. IfFHWA or INDOT invokes sanctions per Section 6.6.2. of this Contract, or otherwise denies or
withholds federal funds (hereinafter called acitation or cited funds) for anyreason andfor all or any
part of the Project, the LPA agrees asfollows:
2.13.1. In the event of acorrectable noncompliance, the LPA shall make the corrections to the
satisfaction of FHWA andINDOT in a reasonable amount of time. In the event the LPA
fails tomake therequired corrections, Sections 2.14.2and 2.14.3 (as applicable) shall apply.
2.13.2. In the event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA fails to
make corrections, (3) the LPA makes corrections which are not acceptable to FHWA and
INDOT, or (4) forwhatever reason the FHWA citation continues in force beyond a
reasonable amount of time, Section 2.14.2shall apply and adjustments shall be made as
follows:
A. The LPA shall reimburse INDOT the total amount ofall right-of-way costs that are
subject to FHWA citation which have been paid by INDOT to the LPA.
B. Ifno right-of-way costs have been paid by INDOT to the LPA or on the LPA'sbehalf,
INDOT shall notpay anyclaim or billing for right-of-way that issubject tothe FHWA
citation.
C. The LPA isnot entitled to bill INDOT or to be reimbursed for any of its right-of-way
liabilities or costs that are subject to any FHWA citation in force.
2.13.3. IfFHWA issues acitation denying or withholding all or any part of construction costs due
toLPA's noncompliance with right-of-way requirements, and construction work has
commenced, the following shall apply:
A. INDOT may elect to terminate, suspend, or continue construction work in accordance
with the provisions of the construction contract.
B. INDOT may elect to pay its obligations under theprovisions of theconstruction
contract.
C. If the noncompliance can be corrected, the LPA shall make the corrections in a
reasonable amount of time to the satisfaction of FHWA and INDOT.
D. Inthe event acitation for noncompliance: (1) isunable to be corrected, (2) the LPA
fails to make corrections, (3) the LPA makes corrections which are not acceptable to
FHWA and INDOT, or (4) for whatever reason the FHWA citation continues in force
beyond areasonable amount oftime, and construction work has been terminated or
suspended, the LPA shall reimburse INDOT the full amount the LPA paid for said
construction work, less the amount offederal funds allowed by FHWA.
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2.13.4. The LPA shall reimburse INDOT the total cost of the Project not eligible for federal
participation.
2.13.5. Iffor any reason INDOT isrequired to repay to FHWA the sum(s) of federal funds paid to
the LPA orany other entity through INDOT under the terms of this Contract, then the LPA
shall repay to INDOT such sum(s) within forty-five (45) days after receipt of an invoice
from INDOT. Payment for any and all costs incurred by the LPA which are not eligible for
federal funding shall be the sole obligation of the LPA.
III. INDOT RESPONSIBILITIES.
3.1.INDOT shall have full authority and access to inspect and review all plans, specifications, and
special provisions for the Project, regardless of when those plans, specifications, special provisions,
or other such Project documents were created.
3.2.After the LPA has submitted andINDOT has accepted all pre-letting documents, INDOT will
prepare the Engineer'sEstimate for construction ofthe Project.
3.3.Ifthe LPA owes INDOT money which ismore than sixty (60) days past due, INDOT will not open
the construction bids for the Project.
3.4.Not later than sixty (60) calendar days after receipt by INDOT of acertified copy of aresolution
from the LPA'sfiscal body authorizing the LPA to make payment to INDOT according to the terms
of Attachment A, and fulfillment of all other pre-letting obligations of this Contract, INDOT shall,
in accordance with applicable laws and rules, including I.C. 8-23-9, I.C. 8-23-10, and 105 I.A.C. 11,
conduct ascheduled letting.
3.5.Subject to theLPA'swritten approval, INDOT shall award the construction contract forthe Project
according to applicable laws and rules.
3.6.Notlater than seven (7) calendar days after INDOT awards theconstruction contract described
above, INDOT shall invoice the LPA for the LPA'sshare of theconstruction cost.
3.7.IfINDOT has received theLPA'sshare ofthe Project construction cost and if thelowest qualified
bidder has not otherwise been disqualified, INDOT shall issue notice to proceed for the Project to
the contractor within fourteen (14) calendar days of its receipt of the LPA'sshare of the construction
cost.
3.8.INDOT shall have the right and opportunity to inspect anyconstruction under this Contract to
determine whether the construction isin conformance with the plans and specifications for the
Project.
3.9.In the event theengineering, testing, and inspection services provided by the LPA, in the opinion of
INDOT, are deemed to be incompetent or inadequate or are otherwise insufficient or adispute arises,
INDOT shall, inits sole discretion, have the right to supplement the engineering, testing, and
inspection force or to replace engineers or inspectors employed in such work atthe expense of the
LPA. INDOT's engineers shall control the work the same as onother federal aid construction
contracts.
3.10. After the final Project audit isapproved by INDOT, theLPA shall, within forty-five (45) days after
receipt of INDOT'sinvoice, make final payment to INDOT pursuant to Attachment Aor INDOT
shall, within forty-five (45) days after approval of the audit, refund any Project overpayment to the
LPA.
IV. PROJECT FUNDS.
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4.1.INDOT will not share in thecost of the Project. INDOT will disburse funds from time to time;
however, INDOT will be reimbursed by the Federal Highway Administration (FHWA) or the LPA.
Payment will be made for the services performed under this Contract inaccordance with Attachment
A (Project Funds).
V. TERM AND SCHEDULE.
5.1. Ifthe 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 7weeks before thedate bids are opened forthe construction contract), between July 1, 2023
and June 30, 2024, INDOT will make the federal funds shown in Section I.B. and/or Section I.C. of
Attachment A available for the Project, provided the Project iseligible, and provided the federal
funds shown in Section I.B. of Attachment A are available.
5.2. In the event that federal funds for the Project are notobligated during the time listed in Section 5.1, but
the LPA hasthe plans, special provisions, and cost estimate for the Project ready such that federal
funds can be obligated between July 1, 2024 and June 30, 2026, INDOT will schedule the contract for
letting, provided the Project iseligible, and provided the federal funds shown in Section I.B. and/or
section I.Cof Attachment A are available.
5.3. In the event that federal funds for the Project are not obligated during the period listed in Section 5.1or
Section 5.2, 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. Ifthe LPA provides notice to INDOT
that any purchase order can be closed for any phase of the Project, then the federal funds that had been
obligated and/or allocated to the Project shall be forfeited by the LPA as ofthe date of thenotice. If a
purchase order for any phase goes inactive after nine months, the federal funds shall be forfeited by the
LPA.
5.4. Ifthe Program is Group IorGroup II, Sections 5.1, 5.2and 5.3do not apply, but willbe obligated
according to the fiscal year programmed in the most current MPO TIP, provided the MPO funding is
within their fiscal year allocation.
VI.GENERAL PROVISIONS
6.1.Access to Records. The LPA shall maintain all books, documents, papers, correspondence,
accounting records and other evidence pertaining to the costincurred under this Contract, and shall
make such materials available at their respective offices at all reasonable times during the period of
this Contract and forfive (5) years from the date of final payment under the terms of this Contract,
for inspection or audit by INDOT and/or the Federal Highway Administration ("FHWA") or its
authorized representative, and copies thereof shall be furnished free of charge, ifrequested by
INDOT, and/orFHWA. The LPA agrees that, upon request by any agency participating in federally-
assisted programs with whom the LPA has contracted or seeks to contract, the LPA may release or
make available to theagency any working papers from an audit performed by INDOT and/or FHWA
of theLPA in connection with this Contract, including any books, documents, papers, accounting
records and other documentation which support or form the basis for the audit conclusions and
judgments.
6.2.Assignment of Antitrust Claims. As part of the consideration for the award of this Contract, the
LPA assigns to the State all right, title andinterest in and to anyclaims the LPA now has, ormay
acquire, under state or federal antitrust laws relating to the products or services which are the subject
of this Contract.
6.3.Audits. The LPA acknowledges thatitmay be required to submit to an audit of funds paid through
this Contract. Any such audit shall be conducted in accordance with IC §5-11-1, et seq., and audit
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guidelines specified by the State. The State considers the LPA to be a "sub-recipient" for purposes of
thisContract. However, ifrequired byapplicable provisions of the Office of Management and
Budget Circular A-133 (Audits of States, Local Governments, and Non-Profit Organizations),
following the expiration ofthis Contract the LPA shall arrange for afinancial and compliance audit
of funds provided by the State pursuant to this Contract. Such audit is to be conducted by an
independent public or certified public accountant (or as applicable, the Indiana State Board of
Accounts), and performed in accordance with Indiana State Board of Accounts publication entitled
Uniform Compliance Guidelines for Examination of Entities Receiving Financial Assistance from
Governmental Sources," and applicable provisions of the Office of Management and Budget
Circulars A-133 (Audits of States, Local Governments, andNon-Profit Organizations). The LPA is
responsible for ensuring that the audit and any management letters are completed andforwarded to
the State inaccordance with theterms of this Contract.
For audits conducted pursuant to Indiana Code 5-11-1, and audited by the Indiana State Board of
Accounts on the time schedule set forth by the Indiana State Board of Accounts, theLPA shall
provide tothe Indiana State Board of Accounts, all requested documentation necessary to audit the
Local Public Agency in its entirety.
Ifthe audit isconducted by an independent public or certified public accountant and not the Indiana
State Board of Accounts, the LPA shall submit the completed audit to the Indiana State Board of
Accounts within 10 (ten) days of the completion of the audit.
The audit shall be an audit ofthe actual entity, or distinct portion thereof that isthe LPA, and not of
aparent, member, or subsidiary corporation of the LPA, except to the extent such an expanded audit
may be determined by the Indiana State Board of Accounts or the State to be in the best interests of
the State.
6.4.Authority to Bind LPA. The signatory for the LPA represents that he/she has been duly authorized
to execute this Contract on behalf of the LPA, and hasobtained all necessary or applicable approvals
to make this Contract fully binding upon the LPA when his/her signature isaffixed and accepted by
the State.
6.5.Certification for Federal-Aid Contracts Lobbying Activities. The LPA certifies, by signing and
submitting this Contract, to the best of its knowledge and belief that theLPA hascomplied with
Section 1352, Title 31, U.S. Code, andspecifically, that:
A. No Federal appropriated funds have been paid or willbe paid, by or on behalf of the LPA,
to any person for influencing or attempting toinfluence anofficer 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 agreement, the making of
anyFederal grant, the making of anyfederal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment, or modification of any federal
agreement, grant, loan, orcooperative agreement.
B. Ifany funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing orattempting to influence an officer or employee ofany Federal agency,
aMember ofCongress, an officer or employee of Congress, oran employee of aMember of
Congress in connection with this 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 LPA also agrees by signing this Contract that itshall require that the language of this
certification be included in all lower tier subcontracts, which exceed $100,000, and that all such
sub recipients shall certify and disclose accordingly. Any person who fails tosign or file this
required certification shall be subject to acivil penalty of not lessthan $10,000and not more
than $100,000 for each failure.
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6.6.Compliance with Laws.
6.6.1. The LPA 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 there under, after execution of this
Contract shall be reviewed by INDOT and the LPA to determine whether the provisions of
this Contract require formal modification.
6.6.2. The LPA acknowledges that federal requirements provide for the possible loss of federal
funding to one degree or another when the requirements of Public Law 91-646 and other
applicable federal and state laws, rules andregulations are not complied with.
6.6.3. The LPA acknowledges paragraph 7of the Federal Highway Program Manual, Volume 7,
Chapter 1, Section 3, entitled "Withholding Federal Participation" which isherewith quoted
in part asfollows: "Where correctable noncompliance with provisions oflaw or FHWA
requirements exist, federal funds may be withheld until compliance is obtained. Where
compliance isnot correctable, theFHWA may deny participation in parcel or project costs
inpart or in total."
6.6.4. The LPA and its agents shall abide by all ethical requirements that apply to persons who
have abusiness relationship with the State as set forth in IC §4-2-6, etseq., IC §4-2-7, et
seq. and the regulations promulgated thereunder. If the LPA has knowledge, or would
have acquired knowledge with reasonable inquiry, that astate officer, employee, or
special state appointee, as those terms are defined in IC4-2-6-1, hasa financial
interest in the Contract, the LPA shall ensure compliance with the disclosure
requirements in IC 4-2-6-10.5prior to the execution of this Contract. Ifthe LPA isnot
familiar with these ethical requirements, the LPA should refer any questions to the Indiana
State Ethics Commission, or visit the Inspector General's website at
http://www.in.gov/ig/. Ifthe LPA or its agents violate any applicable ethical standards, the
State may, in its sole discretion, terminate this Contract immediately upon notice to the
LPA. In addition, the LPA may be subject topenalties under IC §§4-2-6, 4-2-7, 35-44.1-1-
4, and under anyother applicable laws.
6.6.5. The LPA warrants that the LPA and its contractors 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 under this
Contract. Failure to do so may be deemed amaterial breach of this Contract and grounds
for immediate termination and denial of further work with the State.
6.6.6. As required by IC §5-22-3-7:
1) The LPA and any principals ofthe LPA certify that:
A. the LPA, except forde minimis and nonsystematic violations, has notviolated
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 ifIC §24-4.7
ispreempted by federal law; and
B. the LPA will not violate the terms of IC §24-4.7for the duration of the Contract,
even ifIC §24-4.7ispreempted by federal law.
2) The LPA and anyofficials of the LPA certify that an affiliate or official of the LPA and
anyagent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA
except for deminimis and nonsystematic violations,
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A. has not violated the terms of IC §24-4.7in the previous three hundred sixty-five
365) days, even ifIC §24-4.7is preempted by federal law; and
B. will not violate the terms of IC §24-4.7for the duration of the Contract, even if
IC §24-4.7ispreempted by federal law.
6.7.Debarment and Suspension.
1. The LPA certifies byentering into this Contract that neither itnor its principals nor any ofits
contractors are presently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from entering into this Contract by any federal agency or by any
department, agency or political subdivision of the State of Indiana. The term "principal" for
purposes of this Contract means an officer, director, owner, partner, key employee or other
person with primary management or supervisory responsibilities, ora person who has a
critical influence on or substantive control over the operations of the LPA.
2. The LPA certifies that itwill verify the state and federal suspension and debarment status for all
contractors receiving funds under this Contract and shall be solely responsible for any
recoupment, penalties or costs that might arise from use of asuspended or debarred contractor.
The LPA shall immediately notify INDOT ifany contractor becomes debarred or suspended,
and shall, at INDOT'srequest, take allsteps required by INDOT to terminate itscontractual
relationship with the contractor for work tobe performed under this Contract.
6.8.Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or aLPA
Contractor that failure to carry out the requirements set forth in 49CFR Sec. 26.13(b) shall
constitute abreach ofthis Contract and, after notification, may result in termination of this Contract
or such remedy asINDOT deems appropriate.
The referenced section requires the following policy and disadvantaged business enterprise ("DBE")
assurance to be included in all subsequent contracts between theLPA and any contractors, vendors
or suppliers:
The LPA shall not discriminate onthe basis of race, color, national origin, or sex in the
performance of this Contract. The LPA shall carry out applicable requirements of 49 CFR
Part 26 in theaward and administration of DOT-assisted contracts. Failure by the LPA to
carry out these requirements isamaterial breach of this Contract, which may result in the
termination ofthis Contract or such other remedy, as INDOT, as the recipient, deems
appropriate.
As part of the LPA'sequal opportunity affirmative action program, itisrequired thattheLPA shall
take positive affirmative actions and put forth good faith efforts tosolicit proposals orbids from and
to utilize disadvantaged business enterprise contractors, vendors orsuppliers.
6.9.Disputes.
6.9.1. Should any disputes arise with respect to this Contract, theLPA and INDOT agree to act
immediately to resolve such disputes. Time isof the essence inthe resolution of disputes.
6.9.2. The LPA agrees that, the existence of adispute notwithstanding, itshall continue without
delay to carry out all ofits responsibilities under this Contract that are not affected by the
dispute. Should the LPA fail to continue toperform its responsibilities regarding all non-
disputed work, without delay, any additional costs incurred by INDOT or theLPA as a
result of such failure toproceed shall be borne bythe LPA.
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6.9.3. Ifaparty to the contract isnot satisfied with the progress toward resolving a dispute, the
party must notify in writing the other party of this dissatisfaction. Upon written notice, the
PARTIES have ten (10) working days, unless the PARTIES mutually agree to extend this
period, following the notification to resolve the dispute. Ifthe dispute is notresolved
within ten (10) working days, a dissatisfied party will submit the dispute in writing
according tothe following procedure:
6.9.4. The PARTIES agree to resolve such matters through submission ofthis dispute to the
Commissioner of INDOT. The Commissioner shall reduce adecision to writing and mail
or otherwise furnish acopy thereof to the LPA within ten (10) working days after
presentation of such dispute for action. The presentation may include aperiod of
negotiations, clarifications, and mediation sessions and will not terminate until the
Commissioner or one of the PARTIES concludes that the presentation period isover. The
Commissioner'sdecision shall be final andconclusive unless either party mails or otherwise
furnishes to the Commissioner, within ten (10) working days after receipt of the
Commissioner'sdecision, awritten appeal. Within ten (10) working days of receipt by the
Commissioner ofawritten request for appeal, the decision may be reconsidered. Ifaparty
isnot satisfied with the Commissioner'sultimate decision, the dissatisfied party may submit
the dispute to an Indiana court of competent jurisdiction.
6.9.5. INDOT may withhold payments on disputed items pending resolution of the dispute. The
unintentional nonpayment by INDOT to the LPA of one or more invoices not in dispute in
accordance with the terms of this Contract willnot be cause for LPA to terminate this
Contract, and theLPA may bring suitto collect these amounts without following the
disputes procedure contained herein.
6.10. Drug-Free Workplace Certification. As required by Executive Order No. 90-5dated April 12,
1990, issued by theGovernor ofIndiana, the LPA hereby covenants and agrees to make agood faith
effort to provide and maintain adrug-free workplace. The LPA will give written notice to the State
within ten (10) days after receiving actual notice that the LPA, or anemployee of the LPA in the
State of Indiana, has been convicted of acriminal drug violation occurring in the workplace. False
certification or violation of thiscertification may result insanctions including, but not limited to,
suspension of contract payments, termination of this Contract and/or debarment of contracting
opportunities with theState for upto three (3) years.
In addition tothe provisions ofthe above paragraph, ifthe total amount set forth in this Contract is
in excess of $25,000.00, the LPA certifies and agrees that itwill provide adrug-free workplace by:
A. Publishing and providing to all of its employees astatement notifying them that the unlawful
manufacture, distribution, dispensing, possession or use of acontrolled substance is
prohibited in the LPA'sworkplace, and specifying the actions that will be taken against
employees for violations of such prohibition;
B. Establishing adrug-free awareness program to inform its employees of (1) the dangers of
drug abuse in the workplace; (2) the LPA'spolicy of maintaining a drug-free workplace; (3)
any available drug counseling, rehabilitation and employee assistance programs; and (4) the
penalties that may be imposed upon an employee for drug abuse violations occurring inthe
workplace;
C. Notifying all employees in the statement required by subparagraph (1) above that as a
condition of continued employment, the employee will (1) abide by the terms of the
statement; and (2) notify the LPA of anycriminal drug statute conviction for aviolation
occurring inthe workplace no later than five (5) days after such conviction;
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D. Notifying theState in writing within ten (10) days after receiving notice from an employee
under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction;
E. Within thirty (30) days after receiving notice under subdivision (3)(2) above of aconviction,
imposing the following sanctions or remedial measures on anyemployee who isconvicted of
drug abuse violations occurring in the workplace: (1) taking appropriate personnel action
against the employee, up toand including termination; or (2) requiring such employee to
satisfactorily participate inadrug abuse assistance or rehabilitation program approved for
such purposes byafederal, state or local health, law enforcement, or other appropriate
agency; and
F. Making agood faith effort to maintain adrug-free workplace through the implementation of
subparagraphs (A) through (E) above.
6.11. Employment Eligibility Verification. The LPA affirms under the penalties ofperjury that they do not
knowingly employ an unauthorized alien. The LPA further agrees that:
A. The LPA shall enroll in andverify the work eligibility status of all its newly hired employees
through the E-Verify program as defined in IC 22-5-1.7-3. The LPA is not required to
participate should the E-Verify program cease to exist. Additionally, the LPA is not required to
participate iftheLPA isself-employed anddo notemployee any employees.
B. The LPA shall not knowingly employ or contract with an unauthorized alien. The LPA shall not
retain an employee or contract with a person that the LPA subsequently learns is an
unauthorized alien.
C. The LPA shall require itscontractors, who perform work under this Contract, to certify to the
LPA that the contractor does not knowingly employ or contract with an unauthorized alien and
that the contractor has enrolled and isparticipating in theE-Verify program. The LPA agrees to
maintain this certification throughout the duration of theterm of acontract with acontractor.
The State may terminate for default if theLPA fails to cure a breach of thisprovision no
later than thirty (30) days after being notified by the State.
6.12. Force Majeure. In the event that any Party isunable to perform any of its obligations under this
Contract or to enjoy anyof its benefits because of natural disaster or decrees of governmental bodies
not thefault of the affected Party (hereinafter referred to as a "Force Majeure Event"), the Party who
has been so affected shall immediately or as soon is reasonably possible under the circumstances give
notice to the other Party andshall doeverything possible to resume performance. Upon receipt of such
notice, all obligations under this Contract shall beimmediately suspended. If the period of
nonperformance exceeds thirty (30) days from the receipt of notice ofthe Force Majeure Event, the
Party whose ability toperform has not been soaffected may, by giving written notice, terminate this
Contract.
6.13. Funding Cancellation Clause. As required by Financial Management Circular 3.3and IC 5-22-17-
5, when the Director ofthe State Budget Agency makes awritten determination that funds are not
appropriated or otherwise available tosupport continuation of the performance of this Contract, this
Contract shall becanceled. A determination bythe Director ofthe State Budget Agency that funds
are notappropriated or otherwise available to support continuation of performance shall be final and
conclusive.
6.14. Governing Laws. This Contract shall be governed, construed and enforced in accordance with the
laws of theState ofIndiana, without regard to its conflict of laws rules. Suit, ifany, must be brought
in the State of Indiana.
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6.15. Indemnification. TheLPA agrees to indemnify, defend, exculpate, and hold harmless the State of
Indiana, and INDOT and/or its/their officials, agents, representatives, attorneys and employees,
individually and/orjointly, from any and allclaims, demands, actions, liability and/or liens that may
be asserted by theLPA and/or by any other person, firm, corporation, insurer, government or other
legal entity, forany claim fordamages arising out ofany and all loss, damage, injuries, and/or other
casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone on or
other casualties of whatsoever kind, or by whomsoever caused, to the person or property of anyone
onor off theright-of-way, arising out of or resulting from the performance of the contract or from
the installation, existence, use, maintenance, condition, repairs, alteration and/or removal of any
equipment or material, whether due in whole or in part to theacts and/or omissions and/or negligent
acts and/or omissions:
A. of the State of Indiana, INDOT, and/or its/their officials, agents, representatives, attorneys
and/or employees, individually and/orjointly;
B. of the LPA, and/or its officials, agents, representatives, attorneys and/or employees,
individually and/or jointly;
C. of any and all persons, firms, corporations, insurers, government or other legal entity engaged
in the performance of the contract; and/or
D. the joint negligence of any of them, including any claim arising out of the Worker's
Compensation law or any other law, ordinance, order, or decree.
The LPA also agrees to payall reasonable expenses and attorney'sfees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
employees, individually and/or jointly, in connection herewith in the event that the LPA shall default
under the provisions ofthis section.
The LPA also agrees to payall reasonable expenses and attorney'sfees incurred by or imposed on
the State of Indiana, INDOT and/or its/their officials, agents, representatives, attorneys, and/or
employees, individually and/or jointly, in asserting successfully a claim against the LPA for
indemnity pursuant to this contract. INDOT will not provide indemnification to the LPA.
6.16. Merger & Modification. This Contract constitutes the entire agreement between the PARTIES.
No understandings, agreements, or representations, oral or written, not specified within this Contract
will be valid provisions of this Contract. This Contract may not be modified, supplemented or
amended, in any manner, except by written agreement signed by all necessary PARTIES.
6.17. Non-Discrimination.
6.17.1. 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 asamended, the Age
Discrimination in Employment Act, and the Americans with Disabilities Act, theLPA
covenants that it shall not discriminate against any employee or applicant for
employment relating to this Contract 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'sor applicant'srace, 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 LPA 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 covenant may
be regarded as amaterial breach of this Contract,but nothing in this covenant shall be
construed to imply or establish anemployment relationship between the State and any
applicant or employee of the LPA or any subcontractor.
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6.17.2. INDOT is arecipient of federal funds, and therefore, where applicable, the LPA and any
subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to41 CFR Chapter 60, as amended, and Section 202 of Executive
Order 11246 as amended by Executive Order 13672.
The LPA agrees that if theLPA employs fifty (50) or more employees and does at least
50,000.00 worth of business with theState and isnot exempt, the LPA will comply with
the affirmative action reporting requirements of 41 CFR 60-1.7. The LPA shall comply
with Section 202 of executive order 11246, as amended, 41CFR 60-250, and 41 CFR 60-
741, as amended, which are incorporated herein by specific reference. Breach of this
covenant may be regarded as amaterial breach of Contract.
Itisthe policy of INDOT to assure full compliance with Title VI of the Civil Rights
Actof 1964, the Americans with Disabilities Act and Section 504of the Vocational
Rehabilitation Act and related statutes and regulations inall 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 anyprogram or activity receiving
Federal financial assistance. (INDOT'snondiscrimination enforcement isbroader than
the language of Title VI and encompasses other State andFederal protections. INDOT's
nondiscrimination enforcement shall include the following additional grounds: sex,
sexual orientation, gender identity, ancestry, age, income status, religion, disability,
limited English proficiency, or status as aveteran).
6.17.3. During the performance of this Contract, the LPA, for itself, itsassignees and successors
in interest (hereinafter referred to as the "LPA") agrees to the following assurances under
Title VIof the Civil Rights Act of 1964:
A. Compliance with Regulations: The LPA shall comply with the regulations
relative to nondiscrimination in Federally-assisted programs of the Department of
Transportation, Title 49 CFR Part 21, asthey may be amended from time to time
hereinafter referred to as the Regulations), which are herein incorporated by
reference and made apart of this Contract.
B. Nondiscrimination: The LPA, with regard to the work performed by it during the
Contract, shall notdiscriminate on the grounds ofrace, 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 LPA shall not participate either directly or indirectly
in the discrimination prohibited by section 21.5of the Regulation, including
employment practices when the Contract covers aprogram set forth in Appendix B
of theRegulations.
C. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment: In all solicitations either by competitive bidding or negotiation made by
the LPA 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 LPA of the LPA's obligations under this Contract, and the
Regulations relative tonondiscrimination on the grounds of race, color, sex, sexual
orientation, gender identity, national origin, religion, disability, ancestry, income
status, limited English proficiency, or status as aveteran.
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D. Information and Reports: The LPA shall provide all information and reports
required by the Regulations, or directives issued pursuant thereto, and shall permit
access toits books, records, accounts, other sources of information, and its facilities
as may be determined by the Indiana Department of Transportation and Federal
Highway Administration to be pertinent to ascertain compliance with such
Regulations, orders and instructions. Where anyinformation required ofaLPA is in
the exclusive possession of another who fails or refuses to furnish thisinformation,
the LPA shall so certify to the Indiana Department of Transportation or the Federal
Highway Administration as appropriate, and shall set forth what efforts ithas made
to obtain the information.
E. Sanctions for Noncompliance: In the event of the LPA'snoncompliance with the
nondiscrimination provisions of this Contract, the Indiana Department of
Transportation shall impose such contract sanctions as itor the Federal Highway
Administration may determine to be appropriate, including, butnot limited to: (a)
withholding payments to the LPA under the Contract until the LPAcomplies, and/or
b) cancellation, termination or suspension of the Contract, in whole or in part.
F. Incorporation of Provisions: TheLPA shall include the provisions of paragraphs a
through f inevery subcontract, including procurements of materials and leases of
equipment, unless exempt by the Regulations, ordirectives issued pursuant thereto.
The LPA shall take such action with respect to any subcontract or procurement as the Indiana
Department of Transportation or the Federal Highway Administration may direct as ameans of
enforcing such provisions including sanctions for non-compliance, provided, however, that in the
event the LPA becomes involved in, or isthreatened with, litigation with asubcontractor or supplier
as aresult of such direction, the LPA may request the Indiana Department of Transportation to enter
into such litigation to protect the interests ofthe Indiana Department of Transportation, and, in
addition, the LPA may request the United States of America to enter into such litigation toprotect
the interests of the United States of America.
6.18. Payment. All payments (ifany) shall be made thirty-five (35) days in arrears in conformance with
State fiscal policies and procedures and, asrequired by IC §4-13-2-14.8, thedirect deposit by
electronic funds transfer to the financial institution designated by the LPA in writing unless a
specific waiver has been obtained from the Indiana Auditor of State. No payments will bemade in
advance of receipt of the goods or services thatare the subject ofthis Contract except aspermitted
by IC §4-13-2-20.
6.19. Penalties, Interest and Attorney'sFees. INDOT will in good faith perform its required obligations
hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney'sfees,
except as required by Indiana law in part, I.C. 5-17-5, I.C. 34-54-8, andI.C. 34-13-1.
Notwithstanding the provisions contained in IC §5-17-5, any liability resulting from the State'sfailure
to make prompt payment shall be based solely on the amount of funding originating from the State and
shall not be basedon funding from federal or other sources.
6.20. Pollution Control Requirements. Ifthis Contract isfor $100,000 or more, the LPA:
A. Stipulates any facility to be utilized in performance under or to benefit from this Contract is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities issued
pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water
Pollution Control Act, asamended;
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B. Agrees tocomply with all ofthe requirements of the Clean Air Act (including section 114)
and the Federal Water Pollution Control Act (including section 308) and all regulations and
guidelines issued there under; and
C. Stipulates, as acondition of federal aid pursuant to this Contract, itshall notify INDOT and
the FHWA of the receipt of any advice indicating that afacility to be utilized in performance
under or to benefit from this Contract is under consideration to be listed on the EPA List of
Violating Facilities.
6.21 Prohibited Telecommunications andVideo Surveillance Equipment andServices.
In accordance with federal regulations (including 2CFR 200.216 and 2CFR 200.471), the
Contractor isprohibited from purchasing, procuring, obtaining, using, or installing any
telecommunication orvideo surveillance equipment, services, or systems produced by:
A. Huawei Technologies Company or ZTE Corporation (orany subsidiary or affiliate ofsuch
entities), OR
B. Hytera Communication Corporation, Hangzhou Hikvision Digital Technology Company, or
Dahua Technology Company (or any subsidiary or affiliate of such entities),
for any purpose to fulfill its obligations under this Contract. The Contractor shall be responsible to
ensure that any subcontractor isbound by and complies with the terms of this provision. Breach of
this provision shall be considered amaterial breach of this Contract.
6.22 Severability. The invalidity of any section, subsection, clause or provision ofthe Contract shall not
affect the validity of the remaining sections, subsections, clauses or provisions of the Contract.
6.23. Status of Claims. The LPA shall beresponsible for keeping INDOT currently advised as tothe status
of any claims made for damages against theLPA resulting from services performed under this Contract.
The LPA shall send notice of claims related to work under thisContract to:
Chief Counsel
Indiana Department of Transportation
100 North Senate Avenue, Room N758
Indianapolis, Indiana 46204-2249
6.24. General. This Contract represents the entire understanding between the PARTIES relating to the
subject matter and supersedes any and all prior oral and/or written communications, understandings
or agreements relating to the subject matter. Any amendment or modification to this Contract must
be in writing and be signed by duly authorized representatives of the PARTIES (andby all necessary
approving State agencies orparties). Neither this Contract nor any portions of itmay be assigned,
licensed or otherwise transferred by the LPA without the prior written consent of INDOT. This
Contract will be binding upon the PARTIES and their permitted successors or assigns. Failure of
either Party to enforce any provision of this Contract will not constitute or be construed as awaiver
of such provision or of the right to enforce such provision. 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 theinterpretation of this Contract. The Recitals and
Notice to PARTIES" on page 1of the Contract arehereby made an integral part and specifically
incorporated into thisContract.
Remainder of thispage intentionally left blank.\]
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Non-Collusion and Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned isthe LPA, or that the
undersigned is the properly authorized representative, agent, member or officer of the LPA. Further, to the
undersigned'sknowledge, neither the undersigned nor any other member, employee, representative, agent
or officer of the LPA, directly or indirectly, hasentered intoor been 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 astate officer, employee, or special state
appointee, asthose terms are defined in IC4-2-6-1, has a financial interest in the Contract, the Party
attests tocompliance with the disclosure requirements in IC 4-2-6-10.5.
Agreement to Use Electronic Signatures
Iagree, and itismyintent, 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 thatmy signing and submitting thisContract inthis fashion isthe legal equivalent of having
placed my handwritten signature on the submitted Contract and this affirmation. Iunderstand and agree
that by electronically signing andsubmitting this Contract in this fashion Iamaffirming to the truth of the
information contained therein. Iunderstand that this Contract will notbecome binding on the State until it
has been approved by the Department of Administration, the State Budget Agency, andthe Office of the
Attorney General, which approvals will be posted on theActive Contracts Database:
https://secure.in.gov/apps/idoa/contractsearch/
In Witness Whereof, the LPA and the State have, through their duly authorized representatives, entered
into this Contract. The PARTIES, having read and understood the foregoing terms of this Contract, do by
their respective signatures dated below agree to the terms thereof.
CITY OF CARMEL Indiana Department of Transportation
By:\\s1\\ ___________________________ By:\\s2\\______________________
Title:\\t1\\______________________________ Title:\\t2\\_______________________
Date:\\d1\\_________________________ Date:\\d2\\_____________________
Electronically Approved by: Electronically Approved by:
Department ofAdministration State Budget Agency
By: (for) Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director
Form approval has been granted by the
Office of theAttorney General pursuant to
IC 4-13-2-14.3(e) on March 22, 2022.
FA 22-16
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ATTACHMENT A
PROJECT FUNDS
I. Project Costs.
A. This contract isjust for the one (1) phase checked below:
Preliminary Engineering or
Right-of-Way or
X Construction;
B. Ifthe Program isreceiving 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 thedollar amount listed in the TIP, or any increase or
decrease in thefunding from a prior year, authorized bythe MPO that may not bereflected in
thecurrent 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 beused 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, April 18, 2022, the maximum amount according to
theTIP dated February 25, 2022 is $319,500.00. The most current MPO TIP page, or MPO
authorization, isuploaded intoINDOT'sScheduling Project Management System (SPMS).
OR
C. Federal-aid Funds made available to the LPA by INDOT will be used topay % of the
eligible Project costs. The maximum amount offederal funds allocated to the project is $ .
D. The LPA understands and agrees that itisINDOT'spolicy to only allow non-discretionary
changes to aProject scope after bidding. Changes to the Project scope after bidding that are
bythe 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.
E. The LPA understands and agrees that the federal-aid funds allocated to the Project are
intended to accomplish the original scope of the Project as designed. IftheProject bid prices
are lower than estimated, the LPA may not utilize those federal-aid funds and the remaining
balance of federal-aid funds willrevert back to the Local Program.
F. Ifthe Program isGroup Ior Group II, Section E. does not apply. Ifthe Project bid prices are
lower than estimated, the LPA may not utilize those federal-aidfunds and the remaining
balance of federal-aid funds will revert back to the MPO.
G. The remainder of the Project cost shall be borne by the LPA. Forthe avoidance of doubt,
INDOT shall not pay for any costs relating to the Project unless the PARTIES have agreed in
adocument (which specifically references section I.D. of Attachment Aof this Contract)
signed by anauthorized representative of INDOT, theIndiana Department of Administration,
State Budget Agency, and the Attorney General of Indiana.
H. Every project must have aproject end date based upon the reasonable timeframe for the
project phase to be completed. Ifa project enddate lapses, the project isno longer eligible for
federal reimbursement in accordance with 2CFR 200. Seehttps://www.in.gov/indot/2833.htm.
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I. Costs will beeligible for FHWA participation provided thatthe costs:
1) Arefor work performed for activities eligible under the section of title 23, U.S.C.,
applicable to theclass of funds used for theactivities;
2) Are verifiable from INDOT'sor the LPA'srecords;
3) Are necessary andreasonable for proper andefficient accomplishment of project
objectives and meet the other criteria for allowable costs in the applicable cost
principles cited in 49 CFR 18.22;
4) Are included in the approved budget, or amendment thereto; and
5) Were not incurred prior to FHWA authorization.
II. Billings.
A. Billing:
1. When INDOT awards and enters into a contract (i.e., construction, utility, and/or
railroad) on behalf of the LPA, INDOT will invoice the LPA for its share of the costs.
The LPA shall pay theinvoice within thirty (30) calendar days from date ofINDOT's
billing.
2. The LPA understands time isof the essence regarding the Project timeline and costs and
delays in payment may cause substantial time delays and/or increased costs forthe
Project.
3. Ifthe LPA has notpaid 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.1of Attachment A and/or proceed in accordance
with I.C. 8-14-1-9tocompel the Auditor of the State of Indiana to make amandatory
transfer of funds from the LPA'sallocation of theMotor Vehicle Highway Account to
INDOT'saccount.
4. Federal funds on projects which have not been billed for atwelve (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) months. See https://www.in.gov/indot/2833.htm .
III. Repayment Provisions.
Iffor any reason, INDOT isrequired to repay to FHWA the sum orsums offederal 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 abilling from INDOT. Ifthe
LPA has not paid the full amount duewithin sixty (60) calendar days past the due date, INDOT
may proceed in accordance with I.C. 8-14-1-9to compel the Auditor of the State of Indiana to
make amandatory transfer offunds for the LPA'sallocation of the Motor Vehicle Highway
Account to INDOT'saccount until theamount due hasbeen repaid.
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