HomeMy WebLinkAboutResolution BPW 04-05-23-01/Local Roads and Bridges Matching Grant/$1,000,000RESOLUTION NO. BPW 04-05-23-01
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 (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 , 2023.
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\\2023\\Acknowledge Agreement - LocalRoads and Bridges Matching Grant Agreement - #70237.docx3/15/2023 2:26PM
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Not Present
4/6/2023
April
4/6/2023
5th
4/6/2023
CzTfshfzHsfdivlijobu23;43qn-Nbs24-3134
LOCAL ROADS AND BRIDGES MATCHING GRANT AGREEMENT
Contract #0000000000000000000070237
This Grant Agreement (this "Grant Agreement"), entered intoby and between the Indiana Department of
Transportation (the "State") and CITY OF CARMEL, aLocal Unit,(the "Grantee"), is executed pursuant
to theterms and conditions setforth herein. Inconsideration ofthose mutual undertakings and covenants,
theparties agree as follows:
1. Purpose of this Grant Agreement; Funding Source. The purpose of this Grant Agreement is to
enable the State to award aGrant of $1,000,000.00 (the "Grant"), representing 50% of the eligible costs of
the project (the "Project") described in Attachment Aof this Grant Agreement, which isincorporated fully
herein. The funds shall be used exclusively inaccordance with the provisions contained in thisGrant
Agreement and in conformance with Indiana Code ch. 8-23-30 establishing the authority to make this Grant,
as well as any rules adopted thereunder. The funds received by the Grantee pursuant to this Grant
Agreement shall be used only to implement the Project or provide the services in conformance with this
Grant Agreement and forno other purpose.
FUNDING SOURCE:
State Funds: Program Title: Local Road and Bridge Matching Grant Fund (I.C. ch. 8-23-30).
2. Representations andWarranties of the Grantee.
A. The Grantee expressly represents and warrants to the State that itisstatutorily eligible toreceive these
Grant funds and that the information setforth in its Grant Application istrue, complete,and accurate. The
Grantee expressly agrees to promptly repay all funds paid to itunder this Grant Agreement should itbe
determined either that itwas ineligible to receive the funds, or itmade any material misrepresentation on its
grant application.
B. The Grantee certifies by entering into this Grant Agreement that neither itnor its principals are presently
debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from entering
into this Grant Agreement byany federal orstate department or agency. The term "principal" for purposes
of this Grant Agreement isdefined as an officer, director, owner, partner, key employee or other person
with primary management or supervisory responsibilities, or aperson who has acritical influence on or
substantive control over the operations ofthe Grantee.
C. The Grantee hascommitted matching funds from one of the following revenue sources in accordance
with Ind. Code § 8-23-30-3: (1) any money the local unit is authorized to use foralocal road or bridge
project; (2) special distribution oflocal income tax under Ind. Code § 6-3.6-9-17; or (3) local rainy-day
fund under Ind. Code § 36-1-8-5.1.
D. The Grantee uses anapproved transportation asset management plan on file with the State.
3. Implementation of and Reporting on theProject.
The Grantee shall implement andcomplete the Project in accordance with Attachment Aand with the
plans and specifications contained in its Grant Application, which is on file with the State and is
incorporated by reference. Modification of the Project shall require prior written approval of the State.
4. Term. This Grant Agreement commences on the date approved by the State Budget Agency andshall
remain in effect fortwo (2) years. Unless otherwise provided herein, itmay be extended upon the written
agreement of the parties and inconformance with Ind. Code § 5-22-17-4, and aspermitted by Ind. Code ch.
8-23-30.
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The Grantee understands that the Grantee must procure materials and/or acontractor for the Project no later
than four (4) months from the date ofthe award letter, attached hereto as Attachment B and incorporated
fully herein. Ifthe Grantee fails to procure acontractor by four (4) months from the date of the award letter,
the Grantee forfeits the Grant, the grant funds shall not be distributed to the Grantee but shall be
redistributed as all other funds under Indiana Code ch. 8-23-30.
5. Grant Funding. Pursuant to Ind. Code ch. 8-23-30, the Grantee agrees tothe following:
A. Itmay use the State funds only for the Project described inAttachment A;
B. If ituses the grant funds for any purpose other than construction of the Project as described in
Attachment A, the Grantee:
i. must immediately repay all grant funds provided to theState; and
ii. may not participate in the grant program during thesucceeding calendar year.
C. Itshall provide local matching funds equal tonotless than 50%of the estimated project cost;
D. Disbursement of grant funds will not be made until the Grantee'ssubmission of an accepted/awarded
Project Material Bid and/or an executed contract with the contractor;
E. The State'sparticipation in the Project isstrictly limited to the grant funds awarded herein. The Grantee
understands and agrees thatthe State is under no obligation to payfor or participate in any cost increases,
change orders, cost overruns or additional Project expenses of any kind.
6. Payment of Claims.
A. Ifadvance payment of all oraportion of the Grant funds ispermitted bystatute orregulation, and the
State agrees to provide such advance payment, advance payment shall be made only upon submission of a
proper claim setting outthe intended purposes of those funds. After such funds have been expended,
Grantee shall provide State with areconciliation of those expenditures. Otherwise, allpayments shall be
made thirty-five (35) days in arrears in conformance with State fiscal policies and procedures. As required
by IC § 4-13-2-14.8, all payments willbe by the direct deposit by electronic funds transfer to the financial
institution designated by the Grantee in writing unless aspecific waiver has been obtained from the Indiana
Auditor of State.
B. Requests for payment will be processed only upon presentation of aClaim Voucher inthe form
designated by the State. Such Claim Vouchers must be submitted with the budget expenditure report
detailing disbursements of local funds.
C. The State may require evidence furnished by the Grantee that substantial progress has been made
toward completion of the Project prior to making the payment under thisGrant. All payments are subject
to the State'sdetermination that theGrantee'sperformance to date conforms with the Project as approved,
notwithstanding any other provision of this Grant Agreement.
D. Pursuant to Ind. Code ch. 8-23-30, Local Road and Bridge Grant Funds made available to theGrantee
by theState willbe used topay the Grantee for upto50% of the eligible Project costs and not more than
1million. The maximum amount of state funds allocated to the Project is $1,000,000.00. The Grantee
understands that maximum amount of Local Road and Bridge Grant funds may not exceed more than $1
million for all qualifying projects the Grantee may have in acalendar year.
E. Claims must be submitted with accompanying supportive documentation as designated by the
State. Claims submitted without supportive documentation will bereturned to the Grantee and not
processed for payment. Failure to comply with the provisions of this Grant Agreement may result in the
denial of aclaim for payment.
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F. Pursuant to Ind. Code § 8-23-30-3, the Grantee's50% match shall be paid from oneof the identified
revenue sources. The remainder of the Project costs greater than the total of the State'sgrant and the
Grantee's 50% match shall be borne by the Grantee and may be paid how the Grantee chooses. In the
interest of clarity and to avoid misunderstanding, the State shall not pay the Grantee for any costs relating
to the Project except as specifically provided herein, unless the Parties enter into an amendment to this
Grant Agreement.
7. Project Monitoring by theState. The State may conduct on-site or off-site monitoring reviews ofthe
Project during the term of thisGrant Agreement and for up to ninety (90) days after itexpires or is
otherwise terminated. The Grantee shall extend its full cooperation and give fullaccess to the Project site
and torelevant documentation to the State or its authorized designees for the purpose of determining,
among other things:
A. whether Project activities are consistent with those set forth in Attachment A, the Grant
Application, and the terms and conditions of the Grant Agreement;
B. that Grantee ismaking timely progress with the Project, and that its project management,
financial management and control systems, procurement systems and methods, and overall
performance are in conformance with the requirements set forth in this Grant Agreement and
are fully and accurately reflected in Project reports submitted tothe State.
8. Compliance with Audit and Reporting Requirements; Maintenance of Records.
A. The Grantee shall submit to an audit of funds paid through this Grant Agreement and shall make all
books, accounting records and other documents available at all reasonable times during the term of this
Grant Agreement and for aperiod of three (3) years after final payment for inspection by the State or its
authorized designee. Copies shall befurnished to theState at no cost.
B. Ifthe Grantee isa "subrecipient" of federal grant funds under 2C.F.R. 200.331, Grantee shall arrange
for afinancial and compliance audit that complies with 2 C.F.R. 200.500 et seq. ifrequired by applicable
provisions of 2 C.F.R. 200 (Uniform Administrative Requirements, Cost Principles, and Audit
Requirements).
C. The Grantee shall file the annual financial report required by Ind. Code § 5-11-1-4in accordance with
the State Board of Accounts Uniform Compliance Guidelines forExamination of Entities Receiving
Financial Assistance from Governmental Sources. All grant documentation shall be retained and made
available to the State Board of Accounts ifand when requested.
D. A final audit construction invoice detailing the actual costs ofconstruction and proof of payment tothe
contractor must be submitted to the State within thirty (30) days of completion of the Project. Iffor any
reason, including overpayment of grant funds to the Grantee, theGrantee isrequired to repay to the State
the sum or sums of state funds paid to the Grantee under the terms of this Grant Agreement, then the
Grantee shall repay to the State such sum or sums within forty-five (45) days after receipt of a billing from
the State. Payment for any and all costs incurred by the Grantee which are not eligible for state funding
shall be the sole obligation of the Grantee.
E. Iffor any reason theState finds noncompliance and requires a repayment of state funds previously paid
to the Grantee, theGrantee isrequired to submit such sum or sums within thirty (30) days after receipt of a
billing from the State. IftheGrantee hasnot paid the full amount due within sixty (60) calendardays past
the duedate, the State may proceed in accordance with Ind. Code § 8-14-1-9tocompel the Auditor of the
State of Indiana to make amandatory transfer of funds for the Grantee'sallocation of the Motor Vehicle
Highway Account to the State'sLocal Road and Bridge Matching Grant Fund account until the amount due
has been repaid.
9. Compliance with Laws.
A. The Grantee shall comply with all applicable federal, state and local laws, rules, regulations and
ordinances, and all provisions required thereby to be included herein are hereby incorporated by reference.
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The enactment or modification of anyapplicable state or federal statute or the promulgation of rules or
regulations thereunder after execution of thisGrant Agreement shall be reviewed by the State and the
Grantee to determine whether the provisions of this Grant Agreement require formal modification.
B. The Grantee and its agents shall abide by all ethical requirements that apply to persons who have a
business relationship with theState asset forth in IC § 4-2-6, et seq., IC § 4-2-7, et seq. and the regulations
promulgated thereunder. Ifthe Grantee has knowledge, or would have acquired knowledge with
reasonable inquiry, that astate officer, employee, or special state appointee, as those terms are
defined in IC 4-2-6-1, has afinancial interest in the Grant, the Grantee shall ensure compliance with
the disclosure requirements in IC § 4-2-6-10.5prior to the execution ofthis Grant Agreement. If the
Grantee is not familiar with these ethical requirements, the Grantee should refer any questions to the
Indiana State Ethics Commission or visit the Inspector General'swebsite at http://www.in.gov/ig/. Ifthe
Grantee or its agents violate any applicable ethical standards, the State may, in its sole discretion, terminate
this Grant immediately upon notice to the Grantee. In addition, the Grantee may be subject to penalties
under IC §§ 4-2-6, 4-2-7, 35-44.1-1-4, and under any other applicable laws.
C. TheGrantee certifies by entering into this Grant Agreement that neither itnor its principal(s) ispresently
in arrears in payment of taxes, permit feesor other statutory, regulatory or judicially required payments to
the State. The Grantee agrees that any payments currently due to the State may be withheld from payments
dueto the Grantee. Additionally, payments may be withheld, delayed, or denied and/or this Grant
suspended until the Grantee is current in its payments and has submitted proof of such payment to the State.
D. The Grantee warrants that ithas no current, pending or outstanding criminal, civil, or enforcement
actions initiated by the State, and agrees that it will immediately notify the State of any such actions.
During the term of such actions, the Grantee agrees that the State may suspend funding for the Project. Ifa
valid dispute exists as to the Grantee'sliability or guilt in any action initiated by the State or itsagencies,
andthe State decides to suspend funding to the Grantee, the Grantee may submit, in writing, arequest for
review to theIndiana Department of Administration (IDOA). A determination by IDOA shall be binding
on the parties. Any disbursements that theState may delay, withhold, deny, or apply under this section
shall notbe subject topenalty or interest.
E. The Grantee warrants that the Grantee and any contractors performing work inconnection with the
Project shall obtain and maintain all required permits, licenses, registrations, and approvals, and shall
comply with all health, safety, andenvironmental statutes, rules, or regulations in the performance of work
activities for the State. Failure to do so may be deemed a material breach of this Grant Agreement and
grounds for immediate termination and denial of grant opportunities with the State.
F. The Grantee affirms that, if itisan entity described in IC Title 23, itisproperly registered and owes no
outstanding reports to the Indiana Secretary ofState.
G. As required by IC § 5-22-3-7:
1) The Grantee and any principals of the Grantee certify that:
A) theGrantee, 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 theprevious three hundred sixty-five (365) days, even if IC 24-4.7 is
preempted by federal law; and
B) the Grantee willnot violate the terms of IC§ 24-4.7for the duration of this
Grant Agreement, even ifIC §24-4.7ispreempted by federal law.
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2) The Grantee and any principals of the Grantee certify that an affiliate or principal of
the Grantee and any agent acting on behalf ofthe Grantee oron behalf of an affiliate or
principal of the Grantee, except for de minimis and nonsystematic violations,
A) has not violated the terms ofIC § 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 this Grant
Agreement even ifIC § 24-4.7ispreempted by federal law.
10. Debarment andSuspension.
A. The Grantee certifies by entering into this Grant Agreement that itisnot presently debarred, suspended,
proposed for debarment, declared ineligible or voluntarily excluded from entering into this Grant by any
federal agency or by any department, agency or political subdivision of the State. Theterm "principal" for
purposes ofthis Grant Agreement means anofficer, director, owner, partner, key employee or other person
with primary management or supervisory responsibilities, or aperson who has acritical influence on or
substantive control over the operations ofthe Grantee.
B. The Grantee certifies that ithas verified the suspension and debarment status for all subcontractors
receiving funds under this Grant Agreement and shall be solely responsible for any recoupments or
penalties that might arise from non-compliance. The Grantee shall immediately notify the State ifany
subcontractor becomes debarred or suspended, and shall, at the State's request, take all steps required by the
State to terminate its contractual relationship with the subcontractor for work to be performed under this
Grant Agreement.
11. Drug-Free Workplace Certification. As required by Executive Order No. 90-5, April 12, 1990,
issued by theGovernor of Indiana, the Grantee hereby covenants and agrees to make agood faith effort to
provide and maintain adrug-free workplace. Grantee will give written notice tothe State within ten (10)
days after receiving actual notice thatthe Grantee, or an employee of the Grantee in the State of Indiana,
has been convicted of acriminal drug violation occurring inthe workplace. False certification or violation
of the certification may result in sanctions including, but not limited to, suspension of grant payments,
termination of theGrant and/or debarment of grant opportunities with the State of Indiana forup to three
3) years.
In addition tothe provisions ofthe above paragraphs, if the total amount set forth in this Grant Agreement
isin excess of $25,000.00, the Grantee certifies and agrees that itwill provide adrug-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 acontrolled substance is
prohibited in the Grantee's workplace and specifying the actions that will betaken against
employees for violations of such prohibition; and
B. Establishing adrug-freeawareness program to inform its employees of: (1) the dangers
of drug abuse in the workplace; (2) the Grantee'spolicy of maintaining adrug-free workplace;
3) any available drug counseling, rehabilitation, and employee assistance programs; and (4)
thepenalties that may be imposed upon an employee for drug abuse violations occurring in
the workplace; and
C. Notifying all employees in the statement required by subparagraph (A) above thatas a
condition of continued employment the employee will: (1) abide bythe terms of the
statement; and (2) notify the Grantee of any criminal drug statute conviction for aviolation
occurring in the workplace no later than five (5) days after such conviction; and
D. Notifying in writing the State within ten (10) days after receiving notice from an
employee under subdivision (C)(2) above, or otherwise receiving actual notice of such
conviction; and
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E. Within thirty (30) days after receiving notice under subdivision (C)(2) above of a
conviction, imposing the following sanctions orremedial measures on any employee who is
convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel
action against the employee, up toand including termination; or (2) require such employee to
satisfactorily participate in adrug abuse assistance or rehabilitation program approved for
such purposes by afederal, state or local health, law enforcement, or other appropriate
agency; and
F. Making agood faith effort to maintain adrug-free workplace through theimplementation
of subparagraphs (A) through (E) above.
12. Employment Eligibility Verification. Asrequired by IC § 22-5-1.7, the Grantee hereby swears or
affirms under the penalties ofperjury that:
A. The Grantee has enrolled and isparticipating inthe E-Verify program;
B. The Grantee has provided documentation to the State that ithas enrolled and is
participating in theE-Verify program;
C. The Grantee does not knowingly employ an unauthorized alien.
D. TheGrantee shall require its contractors who perform work under this Grant Agreement
to certify to Grantee that the contractor does not knowingly employ orcontract with an
unauthorized alien and that the contractor has enrolled and isparticipating in the E-Verify
program. The Grantee shall maintain this certification throughout the duration of the term of a
contract with acontractor.
The State may terminate for default ifthe Grantee fails to cure abreach of this provision no later than thirty
30) days after being notified bythe State.
13. Funding Cancellation. As required by Financial Management Circular 3.3and IC § 5-22-17-5, when
theDirector of the State Budget Agency makes awritten determination that funds arenot appropriated or
otherwise available to support continuation of performance of this Grant Agreement, itshall be canceled.
A determination by theDirector of the State Budget Agency that funds are not appropriated orotherwise
available to support continuation ofperformance shall be final andconclusive.
14. Governing Law. This Grant Agreement shall be governed, construed, andenforcedin accordance
with the laws of the State of Indiana, without regard to its conflict of laws rules. Suit, ifany, must be
brought in the State of Indiana.
15. Information Technology Accessibility Standards. Any information technology related products or
services purchased, usedor maintained through this Grant must be compatible with the principles and goals
contained in the Electronic and Information Technology Accessibility Standards adopted by the
Architectural and Transportation Barriers Compliance Board under Section 508 of the federal
Rehabilitation Act of 1973 (29 U.S.C. §794d), as amended. The federal Electronic and Information
Technology Accessibility Standards can be found at: http://www.access-board.gov/508.htm.
16. Insurance. The Grantee shall maintain insurance with coverages and in such amount as may be
required by the State or as provided in its Grant Application.
17. Nondiscrimination. Pursuant to the Indiana Civil Rights Law, specifically IC § 22-9-1-10, and in
keeping with the purposes of the federal Civil Rights Act of 1964, the Age Discrimination in Employment
Act, and the Americans with Disabilities Act, the Grantee covenants that itshall notdiscriminate against
any employee or applicant for employment relating to this Grant 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 or applicant's: race, color, national origin, religion, sex, age, disability, ancestry, status as a
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veteran, orany other characteristic protected by federal, state, orlocal law ("Protected Characteristics").
Furthermore, Grantee certifies compliance with applicable federal laws, regulations, and executive orders
prohibiting discrimination based on the Protected Characteristics in the provision of services.
The Grantee understands that theState isa recipient of federal funds, and therefore, where applicable,
Grantee and any subcontractors shall comply with requisite affirmative action requirements, including
reporting, pursuant to41 CFR Chapter 60, asamended, and Section 202 of Executive Order 11246 as
amended by Executive Order 13672.
18. Notice to Parties. Whenever any notice, statement or other communication isrequired under this
Grant, itwill be sentby E-mail or first-class U.S. mail service to the following addresses, unless otherwise
specifically advised.
A. Notices to the State shall be sent to:
Office of LPA/MPO and Grant Administration
Attention: Director of LPA/MPO and Grant Administration
100 North Senate Avenue, Room N758-LPA
Indianapolis, IN 46204
E-mail: indotlpampo@indot.in.gov
With acopy to:
Chief Legal Counsel/Deputy Commissioner
Indiana Department of Transportation
100 NSenate Avenue, Room N758-Legal
Indianapolis, IN 46204-2216
B. Notices to the State regarding project management shall be sent torespective District
Office:
Kelcie Bishop
Greenfield District
32 S. Broadway St.
Greenfield, IN 46140
Email: kebishop@indot.in.gov
C. Notices to the Grantee shall be sent to:
City of Carmel
ATTN: Jim Brainard
One Civic Sq
Carmel, IN 46032
Email: jbrainard@carmel.in.gov
As required by IC § 4-13-2-14.8, payments to the Grantee shall be made via electronic funds transfer in
accordance with instructions filed by the Grantee with the Indiana Auditor ofState.
19. Order of Precedence; Incorporation byReference. Any inconsistency or ambiguity in this Grant
Agreement shall be resolved by giving precedence inthe following order: (1) this Grant Agreement, (2)
Exhibits prepared by the State, (3) Invitation toApply for Grant; (4) the Grant Application; and (5)
Exhibits prepared by Grantee. All ofthe foregoing are incorporated fully herein by reference.
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20. Public Record. The Contractor acknowledges that the State will nottreat this Grant as containing
confidential information and will post this Grant on the transparency portal as required by Executive Order
05-07 and IC § 5-14-3.5-2. Useby the public of theinformation contained in this Grant shall not be
considered an act of the State.
21. Termination for Breach.
A. Failure to complete the Project and expend State, local and/or private funds in accordance with this
Grant Agreement may be considered amaterial breach, and shall entitle the State to suspend grant
payments, and to suspend the Grantee'sparticipation in State grant programs until such time as allmaterial
breaches are cured to theState'ssatisfaction.
B. The expenditure of State or federal funds other than inconformance with the Project or the Budget may
be deemed a breach. The Grantee explicitly covenants thatit shall promptly repay to the State all funds not
spent in conformance with this Grant Agreement.
22. Termination for Convenience. Unless prohibited by astatute orregulation relating tothe award of
the Grant, this Grant Agreement may be terminated, in whole or in part, by the State whenever, for any
reason, the State determines that such termination isin the best interest of the State. Termination shall be
effected by delivery to the Grantee of aTermination Notice, specifying the extent to which such
termination becomes effective. The Grantee shall be compensated for completion of the Project properly
done prior to the effective date of termination. The State will not be liable for work on the Project
performed after the effective date of termination. In no case shall total payment made to the Grantee exceed
the original grant.
23. Travel. Noexpenses fortravel will be reimbursed unless specifically authorized by this Grant.
24. Provision Applicable to Grants with tax-funded State Educational Institutions: "Separateness" of
the Parties. The State acknowledges and agrees that because of the unique nature of State Educational
Institutions, theduties and responsibilities ofthe State Educational Institution in these Standard Conditions
for Grants arespecific tothedepartment or unitofthe State Educational Institution. The existence or status
of anyone contract or grantbetween the State andthe State Educational Institutionshallhave noimpact on
theexecution or performance of any other contract or grant and shall not form the basis for termination of
anyother contract or grantbyeither party.
25. State Boilerplate Affirmation Clause. Iswear or affirm under the penalties of perjury thatIhave not
altered, modified, changed or deleted the State'sstandard contract clauses (ascontained in the 2022 SCM
Template) in any way except as follows: Payment of Claims; the Compliance with Audit and Reporting
Requirements; Maintenance ofRecords were modified to include statutory and program requirements.
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Non-Collusion, Acceptance
The undersigned attests, subject to the penalties for perjury, that the undersigned is the Grantee, or that the
undersigned isthe properly authorized representative, agent, member or officer of the Grantee. Further, to
the undersigned'sknowledge, neither the undersigned nor any other member, employee, representative,
agent or officer of the Grantee, directly or indirectly, hasentered into or been offered any sum of money or
other consideration for the execution of thisGrant Agreement other than that which appears upon the face
hereof. Furthermore, ifthe undersigned has knowledge that astate officer, employee, or special state
appointee, as those terms are defined in IC § 4-2-6-1, has afinancial interest in the Grant, the
Grantee attests to compliance with the disclosure requirements inIC § 4-2-6-10.5.
Agreement to Use Electronic Signatures
Iagree, anditismy intent, to sign this Grant Agreement by accessing State ofIndiana Supplier Portal using
the secure password assigned to me and by electronically submitting this Grant Agreement to the State of
Indiana. Iunderstand that my signing and submitting this Grant Agreement in this fashion isthe legal
equivalent of having placed my handwritten signature on the submitted Grant Agreement and this
affirmation. Iunderstand and agree thatby electronically signing and submitting thisGrant Agreement in
this fashion Iam affirming to thetruth of the information contained therein. Iunderstand that this Grant
Agreement will not become binding on the State until ithas 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 Grantee and the State have, through their duly authorized representatives, entered
into thisGrant Agreement. Theparties, having read andunderstood the foregoing terms of this Grant
Agreement, doby their respective signatures dated below agree to the terms thereof.
CITY OF CARMEL Indiana Department of Transportation
By:\\s1\\ ___________________________ By:\\s2\\______________________
Title:\\t1\\______________________________ (for) Michael Smith, Commissioner
Date:\\d1\\_________________________ Date:\\d2\\_____________________
Electronically Approved by: Electronically Approved by:
Department of Administration State Budget Agency
By: (for) Rebecca Holwerda, Commissioner By: (for) Zachary Q. Jackson, Director
Approved as to Form and Legality:
Form approval has been granted by the
Office of theAttorney General pursuant to
IC 4-13-2-14.3(e) on October 7, 2022.
FA 22-55
Thisinstrument waspreparedbytheundersignedattorney:
Marjorie AMillman, #21748-36
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DocuSign Envelope ID: 3717C19A-663A-4AD0-AF36-36AF52C04B9D
ATTACHMENT A
PROJECT DESCRIPTION
Des. No.: 2201338
Program: Local Roads and Bridges Matching Grants
Type of Project: Pavement Replacement
Location:
RouteName From To
COLLEGEAVE 96thStreet 106thStreet
Application ID: 12251
Ageneral scope/description of the Project isas follows:
This project consists of thereconstruction of College Avenue from just north of 96th Street to just south of
106th Street. This will bea complete reconstruction of theroadway with added enclosed storm sewer and
the additional of multi-usepaths on both sides of the roadway. The roadway will remain atwo-lane
roadway with the additional ofalandscaped median for access management controls.
The maximum amount of state funds allocated to the Project is $1,000,000.00.
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DocuSign Envelope ID: 3717C19A-663A-4AD0-AF36-36AF52C04B9D
ATTACHMENT B
AWARD LETTER
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DocuSign Envelope ID: 3717C19A-663A-4AD0-AF36-36AF52C04B9D
DocuSign Envelope ID: 3717C19A-663A-4AD0-AF36-36AF52C04B9D