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Home My WebLink About223013 08/13/2013 F CITY OF CARMEL, INDIANA VENDOR: 148000 Page 1 of 1 ONE CIVIC SQUARE INDIANA DEPT OF TRANSPORTATION s' o CARMEL, INDIANA 46032 100 N SENATE AVE,RM IGC-N 725 CHECK AMOUNT; $145,722.40 io? INDIANAPOLIS IN 46204-2216 CHECK NUMBER: 223013 CHECK DATE: 8/13/2013 DEPARTMENT ACCOUNT PO NUMBER INVOICE NUMBER AMOUNT DESCRIPTION 202 4350900 21265 85, 122 . 40 OTHER CONT SERVICES 202 R4462864 27480 21265 60, 600 . 00 PENNSYLVANIA IMPROVEM INDIANA DEPARTMENT OF TRANSPORTATION f ' �o Driving Indiana's Economic Growth INVOICE 100 North Senate Avenue � Michael R. Pence, Governor 4 Room IGC-N 749 Brandye Hendrickson, Commissioner RTIt, Indianapolis, Indiana 46204-2216 Customer No: CST000001811 Bill To: Invoice: 000021265 Invoice Date: 8/6/2013 City of Carmel Invoice Type: LPA ATTN: Mike McBride One Civic Square Carmel IN 46032 AMOUNT DUE: $145,722.40 *** Payment is Due Upon Receipt of Invoice *** Line Description Quantity UnitAmt NetAmount 1 Contract#: R-35550 1.00 145,722.40 145,722.40 Contract#: R-35550, Project#: 1297165; Intersection improvement at 111th Street and Pennsylvania Street(see attached). Subtotal: 145,722.40 AMOUNT DUE: $145,722.40 — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — Please return this portion with your payment, Department of Transportation Invoice: 000021265 Attention: Agent Cashier N725 IGCN 100 N. Senate Amount Paid: $ Indianapolis, IN 46204 ❑ Visa ❑ Mastercard ❑ Discover ❑ Diners Club ❑ Check/Money Order Name on Card Card Number (Name must appear as exactly as on card) CID (3 or 4 digit security code) Expiration Date Billing Address Signature Required: Date � ,5g 7 8 91077, Z� RECEIVED ° �! - 2013 M v CARMEL v mac, C)TY ENGINEER For billing questions, please call: 317-232-5384 PZ t1 jAe co 000021265 Indiana Department of Transportation, 100 North Senate Avenue, Indianapolis, Indiana 46204-2216 August 2, 2013 MEMORANDUM TO: Dan Williams Accounts Receivable Supervisor Room N749 FROM: Cara J Gaston CJG Fiscal Specialist Room N725 SUBJECT: Project Agreement Cost Estimate/LPA Billing Contract No: R-35550-A Des No: 1297165 Project No: 1297165 LPA: Carmel FY14 Activity Code: 14CNL90 _Please find attached two copies of the Project Agreement Cost Estimate and one copy of the State-Local Public Agency Agreement, and one copy of Bradley Rood' s e-mail for the above listed contract to be billed for the July 10, 2013 Letting. As the attachments indicate, the LPA should be billed in the amount of $145,722 .40 . CJG: cg Enclosures cc: File (lpabill.mem) ��5 INDIANA DEPARTMENT OF TRANSPORTATION DATE 07/12/13 PROJECT SUMMARY LOG PAGE 4 ----------------------------------------------------------------------------------------------------------------------------------- PCN DESCRIPTION FEDERAL/STATE PROJECT NUMBER DETAIL SOURCE ----------------------------------------------------------------------------------------------------------------------------------- 1297165 INTERSECTION IMPROVEMENT 1297165 Y L INDIANA DEPARTMENT OF TRANSPORTATION 07/12/13 PAGE NO. 1 PROJECT AGREEMENT COST ESTIMATE -------------- ---------- - --- ESTIMATE NUMBER : R -35550-A PCN : 1297165 PROJECT NO. : 1297165 CONTRACT ID : R -35550-A ------------------------------------------------------------------------------------------------------------=---------------------- PCN : 1297165 INTERSECTION IMPROVEMENT CONTRACTOR : 35-0918397 RIETH RILEY CONSTRUCTION CATEGORY : 0001 INTERSECTION IMPROVEMENT FUNDING SOURCE(S) AND PARTICIPATION : FED FEDERAL FUNDS 90.00 % LPA LOCAL FUNDS 10.00 % CONSTRUCTION TYPE 21 SAFETY WORK CLASSIFICATION 2114 OTHER INTERSECTION IMPROVEMENT CAT LENGTH 0.0000 MILES CONSTRUCTION CLASS BID BIDDABLE ITEMS - CAN BE COMBINED CAT WIDTH 62.0000 FEET ----------------------------------------------------------------------------------------------------------------------------------- LINE ITEM ITEM ESTIMATED ITEM UNIT NO. NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 0001 105-06845 CONSTRUCTION ENGINEERING 1.000 LUMP 24,000.00000 24,000.00 0002 109-08359 LIQUIDATED DAMAGES 1.000 DOL 1.00000 1.00 0003 109-08360 CONTRACT LIENS 1.000 DOL 1.00000 1.00 0004 109-08440 QUALITY ADJUSTMENTS, HMA 1.000 DOL 1.00000 1.00 0005 109-08441 QUALITY ADJUSTMENTS, PCCP 1.000 DOL 1.00000 1.00 0006 109-08443 QUALITY ADJUSTMENTS, TEMPORARY TRAFFIC 1.000 DOL 1.00000 1.00 CONTROL DEVICES 0007 109-08444 QUALITY ADJUSTMENTS, FAILED MATERIALS 1.000 DOL 1.00000 1.00 0008 109-09489 PAYMENT ADJUSTMENT, PG ASPHALT BINDER 1.000 DOL 1.00000 1.00 0009 109-11362 QUALITY ADJUSTMENTS, FAILURE TO MAINTAIN 1.000 DOL 1.00000 1.00 TEMPORARY EROSION AND SEDIMENT CONTROL MEASURES 0010 110-01001 MOBILIZATION AND DEMOBILIZATION 1.000 LUMP 100,000.00000 100,000.00 0011 201-52370 CLEARING RIGHT OF WAY 1.000 LUMP 146,500.00000 146,500.00 0012 202-02273 CENTER CURB, CONCRETE, REMOVE 154.700 SYS 18.00000 2,784.60 0013 202-02278 CURB, CONCRETE, REMOVE 377.000 LFT 5.50000 2,073.50 0014 202-02279 CURB AND GUTTER, REMOVE 2,113.000 LFT 3.50000 7,395.50 0015 202-52710 SIDEWALK, CONCRETE, REMOVE 572.900 SYS 5.50000 3,150.95 0016 202-91385 INLET, REMOVE 12.000 EACH 375.00000 4,500.00 0017 202-93047 MANHOLE, REMOVE 3.000 EACH 375.00000 1,125.00 0018 202-96133 PIPE, REMOVE 1,867.000 LFT 4.75000 8,868.25 0019 203-02000 EXCAVATION, COMMON 3,006.000 CYS 12.00000 36,072.00 0020 203-02070 BORROW 15, 630.000 CYS 1.20000 18,756.00 CO21 205-02234 TEMPORARY EROSION AND SEDIMENT CONTROL, 2.000 EACH 72.00000 144.00 CULVERT PIPE PROTECTION 0022 205-02236 TEMPORARY EROSION & SEDIMENT CONTROL, DROP 6.000 EACH 80.00000 480.00 INLET PROTECTION 0023 205-02237 TEMPORARY EROSION & SEDIMENT CONTROL, CURB 43.000 EACH 260.00000 11,180.00 INLET PROTECTION 0024 205-06937 TEMPORARY SILT FENCE 2,687.000 LFT 3.00000 8,061.00 0025 207-08263 SUBGRADE TREATMENT, TYPE IA , MODIFIED 8,806.500 SYS 5.00000 44,032.50 0026 207-08267 SUBGRADE TREATMENT, TYPE IIIA 127.600 SYS 20.00000 2,552.00 0027 211-09265 STRUCTURAL BACKFILL, TYPE 2 1,778.400 CYS 2.10000 3,734.64 INDIANA DEPARTMENT OF TRANSPORTATION 07/12/13 PAGE NO. 2 PROJECT AGREEMENT COST ESTIMATE ----------------------------------------------------------------------------------------------------------------------------------- ESTIMATE NUMBER: R -35550-A PCN : 1297165 PROJECT NO. : 1297165 CONTRACT ID : R -35550-A PCN : 1297165 INTERSECTION IMPROVEMENT CONTRACTOR : 35-0918397 RIETH RILEY CONSTRUCTION CATEGORY : 0001 INTERSECTION IMPROVEMENT LINE ITEM ITEM ESTIMATED ITEM UNIT NO. NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT -------------------- ------------- 0028 213-09269 FLOWABLE BACKFILL, NON-REMOVABLE 10.000 CYS 160.00000 1,600.00 0029 301-07448 COMPACTED AGGREGATE, NO. 53, BASE 1,057.900 TON 16.50000 17,455.35 0030 302-06464 SUBBASE FOR PCCP 67.000 CYS 70.00000 4, 690.00 0031 303-01180 COMPACTED AGGREGATE, NO. 53 44.200 TON 50.00000 2,210.00 0032 303-02172 TEMPORARY AGGREGATE 60.000 TON 12.00000 720.00 0033 306-08159 MILLING ASPHALT , VARIABLE DEPTH 149.900 SYS 7.50000 1,124.25 0034 . 401-07429 QC/QA-HMA, 5, 76, INTERMEDIATE, OG, 19.0 mm 1,045.000 TON 59.00000 61,655.00 0035 402-07432 HMA SURFACE, TYPE A 161.000 TON 92.00000 14,812.00 0036 402-07433 HMA SURFACE, TYPE B 537.000 TON 71.00000 38,127.00 0037 402-07435 HMA INTERMEDIATE, TYPE A 266.000 TON 74.00000 19,684.00 0038 402-07438 HMA INTERMEDIATE, TYPE B 895.000 TON 60.00000 53,700.00 0039 402-07440 HMA BASE, TYPE A 12.000 TON 90.00000 1,080.00 0040 402-07441 HMA BASE, TYPE B 1,174.000 TON 58.00000 68,092.00 0041 406-05520 ASPHALT FOR TACK COAT 5.416 TON 1.00000 5.42 0043 503-05240 D-1 CONTRACTION JOINT 90.000 LFT 20.00000 1,800.00 0044 604-06070 SIDEWALK, CONCRETE 624.200 SYS 33.00000 20,598.60 0045 604-07894 CURB RAMP, CONCRETE, A 138.200 SYS 130.00000 17,966.00 0046 604-07904 CURB RAMP, CONCRETE, L 87.600 SYS 130.00000 11,388.00 0047 605-06120 CURB, CONCRETE 1,305.000 LFT 11.50000 15,007.50 0048 605-06140 CURB AND GUTTER, CONCRETE MODIFIED 2,140.000 LFT 13.50000 28,890.00 0049 605-06255 CENTER CURB, D. CONCRETE 25.100 SYS 230.00000 5,773.00 0050 605-97937 CURB AND GUTTER, ROLL CURB 365.000 LFT 18.00000 6,570.00 0051 610-09108 PCCP FOR APPROACHES, 9 IN 127.600 SYS 45.00000 5,742.00 0052 621-01004 MOBILIZATION AND DEMOBILIZATION FOR SEEDING 2.000 EACH 400.00000 800.00 0053 621-04316 SPADE EDGE 350.000 LFT 0.90000 315.00 0054 621-06557 SEED MIXTURE, T 304.000 LBS 2.95000 896.80 0055 621-06560 MULCHED SEEDING, U 4,208.000 SYS 0.68000 2,861.44 0056 621-06565 MULCHING MATERIAL 4.300 TON 480.00000 2,064.00 0057 621-06567 WATER 22.400 kGAL 20.00000 448.00 0058 621-06575 SODDING, NURSERY 5,591.400 SYS 2.75000 15,376.35 0059 621-06626 MULCHED SEEDING, D 327.000 SYS 1.50000 490.50 0060 621-07762 COMPOST AMENDED SOIL 403.000 CYS 50.00000 20,150.00 0061 621-09908 SOIL , PLANTING 296.000 CYS 55.00000 16,280.00 0062 621-98038 MULCH, HARDWOOD SHREDDED BARK 34.000 CYS 1.05000 35.70 0063 622-01937 PLANT , ORNAMENTAL GRASS, 2 GAL. 358.000 EACH 17.20000 6,157.60 0064 622-05635 PLANT, CONIFEROUS EVERGREEN, PROSTATE, BROAD 48.000 EACH 61.50000 2,952.00 SPREADING , SEMISPREADING, OVER 24 TO 36 IN 0065 622-05639 PLANT, DECIDUOUS SHRUB, 18 TO 24 IN 86.000 EACH 53.00000 4,558.00 INDIANA DEPARTMENT OF TRANSPORTATION 07/12/13 PAGE NO. 3 PROJECT AGREEMENT COST ESTIMATE --------------------------- ----------------- ------------ ---- - ESTIMATE NUMBER : R -35550-A PCN 1297165 PROJECT NO. 1297165 CONTRACT ID : R -35550-A ----------------------------------------------------------------------------------------------------------------------------------- PCN : 1297165 INTERSECTION IMPROVEMENT CONTRACTOR : 35-0918397 RIETH RILEY CONSTRUCTION CATEGORY : 0001 INTERSECTION IMPROVEMENT LINE ITEM ITEM ESTIMATED ITEM UNIT NO. NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT ------------------- -------------- 0066 622-05640 PLANT, DECIDUOUS SHRUB, 24 TO 36 IN 158.000 EACH 49.50000 7,821.00 0067 622-05651 PLANT, DECIDUOUS TREE, SINGLE STEM, OVER 2.5 6.000 EACH 474.00000 2,844.00 TO 3.5 IN 0068 622-07764 IRRIGATION SYSTEM 1.000 LUMP 15,810.00000 15,810.00 0069 622-93712 PLANT, BULBS 900.000 EACH 2.27000 2,043.00 0070 628-09402 FIELD OFFICE, B 17.000 MOS 2,633.22000 44,764.74 0071 715-05024 PIPE, TYPE 2 CIRCULAR 36 IN 75.000 LFT 52.00000 3,900.00 0072 715-05048 PIPE, TYPE 4 CIRCULAR 6 IN 2,153.000 LFT 5.00000 10,765.00 0073 715-05149 PIPE, TYPE 2 CIRCULAR 12 IN 1,267.000 LFT 20.00000 25,340.00 0074 715-05156 PIPE, TYPE 2 CIRCULAR 30 IN 404.000 LFT 41.00000 16,564.00 0075 715-05157 PIPE, TYPE 2 CIRCULAR 33 IN 274.000 LFT 45.00000 12,330.00 0076 715-46000 PIPE END SECTION, DIA 12" 1.000 EACH 475.00000 475.00 0077 715-90714 PIPE, PVC, 12 IN 19.000 LFT 45.00000 855.00 0078 715-96960 PIPE, PVC, 15 IN 19.000 LFT 46.00000 874.00 0079 718-52610 AGGREGATE FOR UNDERDRAINS 193.730 CYS 45.00000 8,717.85 0080 718-99153 GEOTEXTILES FOR UNDERDRAIN 139.020 SYS 10.00000 1,390.20 0081 720-04466 MANHOLE, K8 1.000 EACH 3,000.00000 3,000.00 0082 720-08559 BEST MANAGEMENT PRACTICES 2.000 EACH 15,500.00000 31,000.00 0083 720-44000 CASTING, ADJUST TO GRADE , SANITARY 2.000 EACH 300.00000 600.00 0084 720-45035 INLET, F7 1.000 EACH 1,200.00000 1,200.00 0085 720-45145 INLET, J10, MODIFIED 2.000 EACH 1,500.00000 3,000.00 0086 720-45410 MANHOLE, C4 1.000 EACH 1,600.00000 1,600.00 0087 720-92884 MANHOLE, K4, MODIFIED 1.000 EACH 3,200.00000 3,200.00 0088 720-93501 MANHOLE, L4 1.000 EACH 6,300.00000 6,300.00 0089 720-94612 MANHOLE, K4 2.000 EACH 2,600.00000 5,200.00 0090 720-95422 MANHOLE, J4 9.000 EACH 2,300.00000 20,700.00 0091 720-98006 MANHOLE, J8 2.000 EACH 2,600.00000 5,200.00 0092 720-98174 INLET, B15 12.000 EACH 1,700.00000 20,400.00 0093 720-98555 INLET, C15 14.000 EACH 1,800.00000 25,200.00 0094 720-98869 MANHOLE, L4, MODIFIED W/ TYPE 8 CASING 1.000 EACH 8,000.00000 8,000.00 0095 732-08419 MODULAR BLOCK WALL 58.630 SYS 130.00000 7,621.90 0096 732-08421 MODULAR BLOCK WALL ERECTION 58.630 SYS 175.00000 10,260.25 0097 801-04308 ROAD CLOSURE SIGN ASSEMBLY 6.000 EACH 300.00000 1,800.00 0098 801-06625 DETOUR ROUTE MARKER ASSEMBLY 11.000 EACH 65.00000 715.00 0099 801-06640 CONSTRUCTION SIGN, A 18.000 EACH 135.00000 2,430.00 0100 801-06775 MAINTAINING TRAFFIC 1.000 LUMP 13,000.00000 13,000.00 0101 801-07118 BARRICADE, III-A 183.000 LFT 9.50000 1,738.50 0102 802-05701 SIGN POST, SQUARE, TYPE If REINFORCED ANCHOR 225.000 LFT 12.20000 2,745.00 BASE INDIANA DEPARTMENT OF TRANSPORTATION 07/12/13 . PAGE NO. 4 PROJECT AGREEMENT COST ESTIMATE ----------------------------------------------------------------------------------------------------------------------------------- ESTIMATE NUMBER : R -35550-A PCN : 1297165 PROJECT NO. : 1297165 CONTRACT ID : R -35550-A ----------------------------------------------------------------------------------------------------------------------------------- PCN : 1297165 INTERSECTION IMPROVEMENT CONTRACTOR : 35-0918397 RIETH RILEY CONSTRUCTION CATEGORY : 0001 INTERSECTION IMPROVEMENT LINE ITEM ITEM ESTIMATED ITEM UNIT NO. NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT 0103 802-07059 SIGN, SHEET, AND SUPPORTS, REMOVE 9.000 EACH 36.10000 324.90 0104 802-09838 SIGN, SHEET, WITH LEGEND 0.080" 69.000 SFT 15.20000 1,048.80 0105 802-09840 SIGN, SHEET, WITH LEGEND 0.100 IN 72.670 SFT 15.90000 1,155.45 0106 802-09842 SIGN, SHEET, WITH LEGEND 0.125 IN THICKNESS 9.170 SFT 16.90000 154.97 0107 805-06595 CONDUIT, PVC, 2 IN 250.000 LFT 9.30000 2,325.00 0108 805-95519 CONDUIT FLEXIBLE 0.75" 200.000 LFT 5.20000 1,040.00 0109 805-95568 CONDUIT, PVC, 4" 1,394.000 LFT 7.90000 11,012.60 0110 807-02428 LIGHTING FOUNDATION, CONCRETE, WITH GROUND , 16.000 EACH 719.00000 11,504.00 30 IN X 30 IN X 96 IN 0111 807-03950 LUMINAIRE, ORNAMENTAL 16.000 EACH 2, 651.00000 42,416.00 0112 807-03951 LIGHT POLE, ORNAMENTAL 16.000 EACH 5,020.00000 80,320.00 0113 807-06592 CONDUIT, STEEL, GALVANIZED, 2 IN 2,290.000 LFT 11.90000 27,251.00 0114 807-86805 SERVICE POINT, I , MODIFIED 1.000 EACH 6,214.00000 6,214.00 0115 807-86889 CABLE, POLE CIRCUIT THWN, NO 10 COPPER, 2,880.000 LFT 0.47000 1,353.60 STRANDED, 1/C 0116 807-86910 CONNECTOR KIT, UNFUSED 16.000 EACH 44.10000 705.60 0117 807-86915 CONNECTOR KIT, FUSED 16.000 EACH 46.60000 745.60 0118 807-86920 MULTIPLE COMPRESSION FITTING, 43.000 EACH 21.90000 941.70 NON-WATERPROOFED 0119 807-86935 INSULATION LINK, WATERPROOFED 41.000 EACH 20.00000 820.00 0120 807-90714 PIPE, PVC, 4 IN , SCHEDULE 80 994.000 LFT 6.00000 5,964.00 0121 807-97237 WIRE, NO 4 COPPER, IN PLASTIC DUCT, IN 2,290.000 LFT 6.90000 15,801.00 CONDUIT, 4 1/C 0122 808-03439 TRANSVERSE MARKING THERMOPLASTIC CROSSWALK, 420.000 LFT 4.46000 1,873.20 WHITE 24" 0123 808-06609 PAVEMENT MESSAGE MARKING, , THERMO LANE 8.000 EACH 125.00000 1,000.00 INDICATION ARROW, FISHHOOK 0124 808-06701 LINE, THERMOPLASTIC, BROKEN, WHITE, 4 IN 169.000 LFT 1.25000 211.25 0125 808-06703 LINE, THERMOPLASTIC, SOLID, WHITE, 4 IN. 1,135.000 LFT 0.48000 544.80 0126 808-06705 LINE, THERMOPLASTIC, SOLID, WHITE, 8 IN 162.000 LFT 1.16000 187.92 0127 808-11478 LINE, THERMOPLASTIC, DOTTED, WHITE 8 IN 133.000 LFT 3.75000 498.75 0128 808-75245 LINE, THERMOPLASTIC, SOLID, YELLOW, 4 IN 2,394.000 LFT 0.48000 1,149.12 0129 808-75278 TRANSVERSE MARKING, THERMOPLASTIC, 300.000 LET 2.25000 675.00 CROSSHATCH LINE, YELLOW, 12" 0130 808-75320 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, 47.000 EACH 55.00000 2,585.00 LANE INDICATION ARROW 0131 808-75320 PAVEMENT MESSAGE MARKING, THERMOPLASTIC, 6.000 EACH 65.00000 390.00 LANE INDICATION ARROW 0132 808-92027 LINE, THERMOPLASTIC, SOLID, YELLOW, 8" 273.000 LFT 1.16000 316.68 INDIANA DEPARTMENT OF TRANSPORTATION 07/12/13 PAGE NO. 5 PROJECT AGREEMENT COST ESTIMATE ----------------------------------------------------------------------------------------------------------------------------------- ESTIMATE NUMBER : R -35550-A PCN : 1297165 PROJECT NO. : 1297165 CONTRACT ID : R -35550-A PCN : 1297165 INTERSECTION IMPROVEMENT CONTRACTOR : 35-0918397 RIETH RILEY CONSTRUCTION CATEGORY : 0001 INTERSECTION IMPROVEMENT LINE ITEM ITEM ESTIMATED ITEM UNIT NO. NUMBER DESCRIPTION QUANTITY UNIT PRICE AMOUNT ----- ------- 0133 502-08202 PCCP, 10.5 IN 168.900 SYS 58.00000 9,796.20 CATEGORY TOTAL- PARTICIPATING $ 1,457,224.03 CATEGORY TOTAL- NON-PARTICIPATING $ 0.00 PROJECT TOTAL $ 1,457,224.03, ESTIMATE TOTAL $ 1,457,224.03✓f Version 2-5-13 Non-CoIIusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay, and that he/she has not received or paid, any sum of honey or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. CITY OF CARMEL STATE OF INDIANA Department of Transportation Recommended for approval b Ir1 y: Print or type name and title / f Robert D.Cales,Director Signature and date Contract Administration Division Mug &M l f��L�� l' �� Date: Prin r e name and title Executed by: J Signatur and date F/• ��C.�� -��,��,1�.,p�J° Troy A.Woodruff, Chief of Staff Print o type nan -and title Date: t Department of Administration Ss�na and date Robert D.Wynkoop,Commissioner Date: Attest �GiC_-�G'�cL� /�7 ✓t�� State Budget Agency Auditor or Cleric Tre sur -(ail L Ce�t2�Y? j Christopher D.Atkins,Director Date: Approved as to Form and Legality: This instrument prepared by: Brenda E.Fox {FOR) March 5,2013 Gregory F.Zoeller,Attorney General of Indiana Date: Page 11 of 11 Version 2-5-13 ATTACHMENT A PROJECT DESCRIPTION Des.No.: 1297165 Program: Safety Type of Project: Intersection Improvement Location: Intersection of 111x" Street and Pennsylvania Street in the City of Cannel, Hamilton County,Indiana Attachment A,Page I of I Prescribed by State Board of Accounts City Form No.201(Rev.1995) ACCOUNTS PAYABLE VOUCHER CITY OF CARMEL An invoice or bill to be properly itemized must show: kind of service, where performed, dates service rendered, by whom, rates per day, number of hours, rate per hour, number of units, price per unit, etc. Payee Purchase Order No. IDD ave- Terms 7 V204 (,q Date Due r Invoice Invoice Description Amount Date Number (or note attached invoice(s) or bill(s)) Total I hereby certify that the attached invoice(s), or bill(s), is (are) true and correct and I have audited same in accordance with IC 5-11-10-1.6. , 20 Clerk-Treasurer VOUCHER NO. WARRANT NO. ALLOWED 20 w�l IN SUM OF $ coo N ., 5�✓ �,I ! c-N $ W ON ACCOUNT OF APPROPRIATION FOR Board Members PO#or INVOICE NO. ACCT#/TITLE AMOUNT DEPT.# I hereby certify that the attached invoice(s), or bill(s) is (are) true and correct and that the r ,)Ws4gervices itemized thereon for which charge is made were ordered and received except �7� 20 A Of f � ignature Cost distribution ledger classification if Itl claim paid motor vehicle highway fund Version 2-5-13 INDIANA DEPARTMENT OF TRANSPORTATION-LOCAL PUBLIC AGENCY PROJECT COORDINATION CONTRACT EDS#: A249-13-320677 Des.No.: 1297165 CFDA No.: 20,205 This Contract is made and entered into effective as of the date of the Indiana Attorney General signature affixed to this Contract, by and between the State of Indiana, acting by and through the Indiana Department of Transportation, (hereinafter referred to as INDOT), and the City of Carmel, a local public agency in the State of Indiana (hereinafter referred to as the LPA), and collectively referred to as the PARTIES. NOTICE TO PARTIES Whenever any notice, statement or other communication is required under this Contract, it shall be sent to the following address, unless otherwise specifically advised. A. Notice to INDOT,regarding contract provisions shall be sent to: Office of LPA/MPO&Grant Administration Attention: LPA/MPO &Grant Administration Director 100 North Senate Avenue,Room N955 Indianapolis,Indiana 46204 B. Notices to INDOT 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: Mayor James Brainard City of Carmel One Civic Square Cannel,Indiana 46032 RECITALS WHEREAS, LPA has applied to INDOT, and INDOT has approved the LPA's application to receive federal funds for the Project described in Attachment A, and WHEREAS,LPA agrees to pay its share of the Project cost as stated in this Contract, and WHEREAS, the PARTIES desire to contract on certain project description, scheduling, and funding allocation,and Page 1 of 11 • • Version 2-5-13 •WHEREAS, the PARTIES have determined the Project, is in 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 the United States Code and Titles 23 and 49 of the Code of Federal Regulations,and WHEREAS, the LPA desires to expedite delivery of the Project, comply with all Federal requirements and fiscally manage the Project,and NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the LPA and INDOT agree as follows; The "Recitals" and "Notice to Parties" above are hereby made an integral part and specifically incorporated into this Contract. SECTION I PROJECT DESCRIPTION. INDOT and the LPA enter into this Contract to complete the project described in Attachment A (the"Project"),herein attached to and made an integral part of this Contract. SECTION II LPA RESPONSIBILITIES. The LPA will provide the information and services, or shall cause the information and services to be provided, as set out in Attachment B (LPA's Rights and Duties), herein attached to and made an integral part of this Contract. The LPA will follow all applicable TNDOT procedures,guidelines, manuals,standards,specifications and directives. SECTION In INDOT RESPONSIBILITIES. INDOT will provide the information and services as set out in Attachment C(1NDOT's Rights and Duties), herein attached to and made an integral part of this Contract. SECTION IV PROJECT FUNDS. INDOT will not share in the cost of the Project. INDOT will disburse funds from time to time; however, 1NDOT will be reimbursed by the Federal Highway Administration(FI-TWA)or the LPA. Payment will be made for the services performed under this Contract in accordance with Attachment D (Project Funds), which is attached to and made an integral part of this Contract. SECTION V TERM AND SCHEDULE. A. If the LPA has the plans,special provisions, and cost estimate(list of pay items, quantities, and unit prices) for the Project ready such that federal funds can be obligated (1NDOT obligates the funds about 7 weeks before the date bids are opened for the construction contract.)between October 1,2012 and September 30,2013, INDOT will make the federal funds shown in section I.B of Attachment D available for the Project, provided the Project is eligible. B. In the event that federal funds for the Project are not obligated during the time listed in section VA,but the LPA has the plans,special provisions,and cost estimate for the Project ready such that federal funds can be obligated between October 1,2013 and September 30, 2015, INDOT will schedule the contract for letting, provided the federal funds shown in section I.13 of Attachment D are available. C. In the event that federal funds for the Project are not obligated during the period listed in section V.A or section V.I3, the LPA may (1) request INDOT's approval to transfer the federal funds to another eligible project or (2) in extenuating circumstances, submit a Page 2 of 11 Version 2-5-13 written request to INDOT at least 90 day's before the last date listed in section V.13 and request that the dates in sections V.A and'V.B be modified; otherwise, the federal funds allocated to the Project will lapse. D. If the Program shown on Attachment A is Group I or Group II,Sections V.A,V.B,and V.0 do not apply. SECTION VI GENERAL PROVISIONS A. Access to Records. The LPA shall maintain all books, documents, papers, correspondence, accounting records and other evidence pertaining to the cost incurred under this Contract, and shall make such materials available at their respective offices at all reasonable times during the period of this Contract and for five (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, if requested by INDOT, and/or FHWA. 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 the agency any working papers from an audit performed by INDOT and/or FHWA of the LPA 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. B. Audit. The LPA acknowledges that it may be required to submit to an audit of funds paid through this Contract. Any such audit shall be conducted in accordance with 48 CFR part 31 and audit guidelines specified by the State and/or in accordance with audit requirements specified elsewhere in this Contract. C. 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 the LPA has complied with Section 1352,Title 31,U.S. Code,and specifically,that: 1. No Federal appropriated:funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal Contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract,grant,loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, (Disclosure Form to Report Lobbying), in accordance with its instructions. 3. The LPA also agrees by signing this Contract that it shall 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 to sign or file this required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each failure. • Page 3 of 11 • Version 2-5-13 D, Compliance with Laws. 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. 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 and regulations are not complied with. 3. The LPA acknowledges paragraph 7 of the Federal Highway Program Manual, Volume 7, Chapter 1, Section 3, entitled "Withholding Federal Participation" which is herewith quoted in part as follows: "Where correctable noncompliance with provisions of law or FHWA requirements exist, federal funds may be withheld until compliance is obtained. Where compliance is not correctable, the FHWA may deny participation in parcel or project costs in part or in total." 4. The LPA and its agents shall abide by all ethical requirements that apply to persons who have a business relationship with the State, as set forth in Indiana Code § 4-2-6, et seq., Indiana Code § 4-2-7, et seq., the regulations promulgated there under, and Executive Order 05-12, dated January 12, 2005. If the LPA is not familiar with these ethical requirements, the LPA should refer any questions to the Indiana State Ethics Commission, or visit the Indiana State Ethics Commission website at <<http://www.in.gov/athics/>>>. If the LPA or its agents violate any applicable ethical standards, INDOT may, in its sole discretion, terminate this Contract immediately upon notice to the LPA.. In addition, the LPA may be subject to penalties under Indiana Code §§4-2-6,4-2-7,35-44.1-3 and under any other applicable State or Federal laws. 5. The LPA represents and warrants that the LPA and its subcontractors, if any,shall obtain and maintain all required permits,licenses,registrations and approvals, as well as comply with all health, safety, and environmental statutes, rules, or regulations in the performance of work activities under this agreement. Failure to do so may be deemed a material breach of this Contract and grounds for termination and denial of further work with the State. 6. As required by I.C. 5-22-3-7: (1) the LPA and any officials of the LPA certify that (A) the LPA, except for de minimis and nonsystematic violations, has not violated the terms of (i) LC.24-4.7 [Telephone Solicitation Of Consumers], (ii) I.C. 24-5-12 [Telephone Solicitations] , or (iii) I.C.24-5-14 [Regulation of Automatic Dialing Machines] in the previous three hundred sixty-five(365) days, even if LC.24-4.7 is preempted by Federal law; and (B) the LPA will not violate the terms of I.C.24-4.7 for the duration of the Contract, even if I.C.24-4.7 is preempted by Federal law, (2)The LPA and any officials of the LPA certify that an affiliate or official of the LPA and any agent acting on behalf of the LPA or on behalf of an affiliate or official of the LPA: (A) except for de minimis and nonsystematic violations, has not violated the terms of I.C. 24-4.7 in the previous three hundred sixty-five(365) days, even if I.C.24-4.7 is preempted by Federal law; and (B) will not violate the terms of I.C,24-4,7 for the duration of the Contract, even if I.C. 24-4.7 is preempted by Federal law. Page 4 of 11. Version 2-5-13 • E. Disadvantaged Business Enterprise Program. Notice is hereby given to the LPA or a LPA Contractor that failure to carry out the requirements set forth in 49 CFR Sec. 26.13(b) shall constitute a breach of this Contract and, after notification, may result in termination of this Contract or such remedy as INDOT deems appropriate. The referenced section requires the following policy and disadvantaged business enterprise ("DBE") assurance to be included in all subsequent contracts between the LPA and any contractors,vendors or suppliers: The LPA shall not discriminate on the 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 the award and administration of DOT-assisted contracts. Failure by the LPA to carry mit'these requirements is a material breach of this Contract, which may result in the termination of this Contract or such other remedy, as INDOT, as the recipient,deems appropriate. As part of the LPA's equal opportunity affirmative action program, it is required that the LPA shall take positive affirmative actions and put forth good faith efforts to solicit proposals or bids from and to utilize disadvantaged business enterprise contractors,vendors or suppliers. F. Disputes. 1. Should any disputes arise with respect to this Contract,the LPA and INDOT agree to act immediately to resolve such disputes. Time is of the essence in the resolution of disputes. 2, The LPA agrees that, the existence of a dispute notwithstanding,it shall continue without delay to carry out all of its responsibilities under this Contract that are not affected by the dispute. Should the LPA fail to continue to perform its responsibilities regarding all non- disputed work, without delay, any additional costs incurred by INDOT or the LPA as a result of such failure to proceed shall be borne by the LPA. 3. If a party to the contract is not satisfied with the progress toward resolving a dispute, the party must notify hi writing the other party of this dissatisfaction. Upon written notice, the parties have„ten (l0),working days, unless the parties mutually agree to extend this period, following the notification to resolve the dispute. If the dispute is not resolved within ten (10) 'working days, a dissatisfied party will submit the dispute in writing according to the following procedure: 4, The parties agree to resolve such matters through submission of this dispute to the Commissioner of INDOT. The Commissioner shall reduce a decision to writing and mail or otherwise furnish a copy thereof to the LPA within ten (10) working days after presentation of such dispute for action. The presentation may include a period of negotiations, clarifications, and mediation sessions and will not terminate until the Commissioner or one of the parties concludes that the presentation period is over. The Commissioner's decision shall be final and conclusive unless either party mails or otherwise furnishes to the Commissioner, within ten (10) working days after receipt of the Commissioner`s decision, a written appeal. Within ten (10) working days of receipt by the Commissioner of a written request for appeal, the decision may be reconsidered. If a party is not satisfied with the Commissioner's ultimate decision, the dissatisfied party may submit the dispute to an Indiana court of competent jurisdiction. Page 5 of 11 • Version 2-5-13 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 will not be cause for LPA to terminate this Contract, and the LPA may bring suit to collect these amounts without following the disputes procedure contained herein. G. Drug-Free Workplace Certification. The LPA hereby covenants and agrees to make a good faith effort to provide and maintain a drug-free workplace,and that it shall give written notice to the INDOT and the 1DOA within ten (10) days after receiving actual notice that an employee of the LPA in the State of Indiana has been convicted of a criminal drug violation occurring in the LPA's workplace. False certification or violation of the certification may result in sanctions including,but not limited to, suspension of Contract payments, termination of the Contract and/or debarment of contracting opportunities with the State of Indiana for up to three(3)years. In addition to the provisions of the above paragraphs, if the total Contract amount set forth in this Contract is in excess of$25,000,LPA hereby further agrees that this Contract is expressly subject to the tenns,conditions and representations of the following certification: This certification is required by Executive Order No. 90-5, April 12, 1990, issued by the Governor of Indiana. Pursuant to its delegated authority, the IDOA is requiring the inclusion of this certification in all contracts with and grants from the State of Indiana in excess of$25,000. No award of a contract shall be made,and no contract,purchase order or agreement,the total amount of which exceeds $25,000, shall be valid, unless and until this certification has been fully executed by the LPA and made a part of the contract or agreement as part of the contract documents. The LPA certifies and agrees it shall provide a drug-free workplace by: 1. Publishing and providing to all of its employees a Statement notifying their employees the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the LPA's workplace and specifying the actions that will be taken against employees for violations of such prohibition; and 2. Establishing a drug-free awareness program to inform their employees of(I)the dangers of drug abuse in the workplace; (2) the LPA's policy' of maintaining a drug-free workplace; (3) any available drug counseling, rehabilitation, and employee assistance programs; and (4)the penalties which may be imposed upon an employee for drug abuse violations occurring in the workplace. 3. Notifying all employees in the Statement required by subparagraph (1) above as a condition of continued employment the employee shall (1) abide by the terms of the Statement; and (2) notify;the LPA of any criminal drug statute conviction for a violation occurring in the workplace no later than five(5)days after such conviction; 4. Notifying in writing the State within ten (10) days after receiving notice from an employee under subdivision (3)(2) above, or otherwise receiving actual notice of such conviction; 5. Within thirty (30) days after receiving notice under subdivision (3X2) above of a conviction, imposing the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (1) take appropriate personnel action against the employee, up to and including termination; or (2) require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation Page 6 of 11 • Version 2-5-13 program approved for such purposes by a Federal, State or Local health, law enforcement,mother appropriate agency;and • 6. Making a good faith effort to maintain a drug-free workplace through the implementation of subparagraphs(1)through(5)above. H. Force Majeure. In the event either party is unable to perform any of its obligations under this Contract or to enjoy any of its benefits because of natural disaster or decrees of governmental bodies not the fault of the affected party(hereinafter referred to as a:Force Majeure Event),the party who has been so affected shall immediately give notice to the other party and shall do everything possible to resume performance. Upon receipt of such notice, all obligations under this Contract shall be immediately suspended. If the period of nonperformance exceeds thirty(30) days from the receipt of notice of the Force Majeure Event, the party whose ability to perform has not been so affected may,by giving written notice,terminate this Contract. Funding Cancellation Clause. When the Director of the State Budget Agency makes a written determination that funds are not appropriated or otherwise available to support continuation of the performance of this Contract, this Contract shall be canceled. A determination by the Director of the State Budget Agency that funds are not appropriated or otherwise available to support continuation of performance shall be final and conclusive. 1 Governing Laws. This Contract shall be construed in accordance with and governed by the laws of the State of Indiana and suit,if any,must be brought in the State of Indiana, K. Indemnification. The LPA agrees to indemnify, defend, exculpate, and hold harmless the State of Indiana, INDOT, and their officials and employees from any liability due to loss, damage, injuries, or other casualties of whatever kind, or by whosoever caused, to the person or property of anyone on or off the Project arising out of, or resulting from the work covered by this Contract or the work connected therewith, or from the installation, existence, use, maintenance, condition, repairs, alteration or removal.of any equipment'or material, to the extent of negligence of the LPA, including any claims arising out of the Worker's Compensation Act or any other law, ordinance, order or decree. The LPA agrees to pay all reasonable expenses and attorney's fees incurred by or imposed on the State and INDOT in connection herewith in the event that the LPA shall default under the provisions of this Section, INDOT shalt not provide such indemnification to the LPA. L. 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 patties. M. Non-Discrimination. 1. Pursuant to T.C.22-9-140 and the Civil Rights Act of 1964,the LPA,shall not discriminate against any employee or applicant for employment,to be employed in the performance of work under this Contract, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, color,religion,seX,,disability,national origin,ancestry or status as a veteran. Breach of this covenant may be regarded as a material breach of this Contract. Acceptance of this Contract also signifies compliance with applicable Federal laws, regulations, and executive orders prohibiting discrimination in the provision of services based on race, color,national origin,age,sex,disability or status as a veteran. Page 7 of II Version 2-5-13 2. The LPA understands that INDOT is a recipient of Federal Funds. Pursuant to that understanding, the LPA, agrees that if the LPA employs fifty (50) or more employees and does at least $50,000 worth of business with the State and is not exempt, the LPA will comply with the affirmative action reporting requirements of 41 CFR 60-13. The LPA shall comply with Section 202 of executive order 11246,as amended,41 CFR 60-250,and 41 CFR 60-741, as amended,which are incorporated herein by specific reference. Breach of this covenant may be regarded as a material breach of Contract. 3. During the perfoi inance'af this Contract, the LPA,for itself, its assignees and successors in interest(hereinafter referred to as the"LPA")agrees to the following assurances under Title VI of 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, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Contract. b. Nondiscrimination: The LPA,with regard to the work performed by it during the Contract, shall not discriminate on the grounds of race, color, sex, 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 21.5 of the Regulation, including employment practices when the Contract covers a program set forth in Appendix B of.the Regulations. 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 to nondiscrimination on the grounds of race, color, sex, national origin, religion, disability, ancestry, or status as a veteran. 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 to its 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 any information required of an LPA is in the exclusive possession of another who fails or refuses furnish this information,the LPA shall so certify to the hidiana Department of Transportation or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. . . • Page 8 of 11 • • • Version 2-5-13 e. Sanctions for Noncompliance: In the event of the LPA's noncompliance with the nondiscrimination provisions of this Contract, the Indiana Department of Transportation shall impose such contract sanctions as it or the Federal Highway Administration may determine to be appropriate, including, but not limited to: (a)withholding payments to the LPA under the Contract until the LPA complies, and/or (b)cancellation,termination or suspension of the Contract, in whole or in part. f. Incorporation of Provisions: The LPA shall include the provisions of paragraphs a through f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives 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 a means of enforcing such provisions including sanctions for non- compliance, provided, however, that in the event the LPA becomes involved in, or is threatened with,litigation with a subcontractor or supplier as a result of such direction,the LPA may request the Indiana Department of Transportation to enter into such litigation to protect the interests of the Indiana Department of Transportation, and, in addition, the LPA may request the United States of America to enter into such litigation to protect the interests of the United States of America. N. Payment. All payments made by INDOT, if any, shall be made in arrears in conformance with State fiscal policies and procedures and,as required by LC.4-13-2-14.8, 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 be made in advance of receipt of the goods or services that are the subject of this Contract except as permitted by I.C. 4-13-2-20. 0. Penalties, Interest and Attorney's Fees. INDOT will in good faith perform its required obligations hereunder, and does not agree to pay any penalties, liquidated damages, interest, or attorney's fees,except as required by Indiana law in part, I.C. 5-17-5, LC.34-54-8, and LC.34-13- 1. P. Pollution Control Requirements. If this Contract is for$100,000 or more,the LPA: 1. 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,as amended; 2. Agrees to comply with all of the 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 3. Stipulates,as a condition of federal aid pursuant to this Contract,it shall notify INDOT and the FHWA of the receipt of any advice indicating that a facility 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. Page 9 of 11 Version 2-5-13 • Q. Severability. The invalidity of any section,subsection,clause or provision of the Contract shall not affect the validity of the remaining sections,subsections,clauses or provisions of the Contract. R. Status of Claims. The LPA shall be responsible for keeping INDOT currently advised as to the status of any claims made for damages against the LPA resulting from services performed under this Contract. The LPA shall send notice of claims related to work under this Contract to: Chief Counsel Indiana Department of Transportation 100 North Senate Avenue,Room.N758 Indianapolis,Indiana 46204-2249 The remainder of this page is intentionally left blank • • Page 10 of 11 Version 2-5-13 Non-Collusion The undersigned attests, subject to the penalties for perjury, that he/she is the LPA, or that he/she is the properly authorized representative, agent, member or officer of the LPA, that he/she has not, nor has any other member, employee, representative, agent or officer of the LPA, directly or indirectly, to the best of his/her knowledge, entered into or offered to enter into any combination, collusion or agreement to receive or pay,and that he/she has not received or paid, any sum of money or other consideration for the execution of this Contract other than that which appears upon the face of this Contract. In Witness Whereof, LPA and the State of Indiana have, through duly authorized representatives, entered into this Contract. The parties having read and understand the forgoing terms of this Contract do by their respective signatures dated below hereby agree to the terms thereof. CITY OF CARMEL STATE OF INDIANA Department of Transportation ja— 1 1 � ,g ij I J Recommended for approval by: Print or type name and title r—gViZa47) 14o7- Paie 4-IL-- Robert D.Cates,Director nature and date Contract Administration Division Si Ma's 4M / tr k,, a j' ,a,h,Date: '�j'/Z.2/3 Prin or .e name and title 1 Executed by: ,I / 4 , �� Signatu•• and date kr; ��/,�'/ �� 'Tro �'. ■oo.ruff, rph�ief j �•- f /64-6/son, 7 D �j 3 Print o,type n. J and title �-. �Me t —/1 3 , Depar �i / fAt m'iistration S'gna f and date it�_ Jessie. :.-its n, Connnissioner Attest Date: 11 Atte ) State j; dget Aget� _ ■ . .-67 ,ec_ / (d V a(/)*-_... n 1~'.Ba',e actor _ Auditor or Clerk Trel uri. 10; r.16 c. Cc,120?Ay Date:_y �01-CD1-3 — A roved as to Form and Legality: This instrument prepared by: Brenda E.Fox I 1 L�) C�,L(FOR) — March 5,2013 Gregory F.Zoeller,Attorney General of Indiana Date: q ,3/1,3 Page 11 of 11 Version 2-5-13 ATTACHMENT A PROJECT DESCRIPTION Des.No.: 1297165 Program: Safety Type of Project; Intersection Improvement Location: Intersection of 111sh Street and Pennsylvania Street in the City of Carmel, Hamilton County,Indiana Attachment A,Page 1 of 1 Version 2-5-13 ATTACHMENT B LI'A'S RIGHTS AND DUTIES In addition to any other rights and duties required by Indiana or federal law, regulations, rules, policies or procedures, or described elsewhere in this Contract, the following are the LPA's rights and duties under this Contract for the Project. 1. The LPA has requested and intends to use federal funds to partially pay for the Project. The LPA asserts that the [PA has completed or will complete the Project in accordance with INDOT's Design Manual (See http://www.in.gov/dIv/contracts/standards/dm.html) and all pertinent state and federal laws, regulations, policies and guidance. The LPA or its consultant shall prepare the environmental document(s) for the Project in accordance with TNDOT's Environmental Manual (See http://www.in.gov/indot/7287.htm.). Land acquisition for the Project by the LPA or its consultant shall be in accordance with INDOT's Real Estate Manuals(See http://www.in.gov/indot/3018.htm). 2. The LPA acknowledges that in order for the cost of consultant services to be eligible for federal funds or federal credits, the consultant selection must be accordance with INDOT's consultant selection procedure or INDOT's Alternative Architectural and Engineering Firm Selection Process for Local Public Agencies (See http:/hwww.in.gov/dot/di v/legal/rfp/LPA Seal on/infonnation/ConsullantSelection/Consult ant%20Selection%20i ndex.htm). 3. REQUIREMENTS FOR ADDITIONAL CONTRACTS A. If the LPA wishes to contract with a consultant, contractor or other agent to complete work on the Project,LPA may: 1. use the"[PA-CONSULTANT Agreement",which is found at http://www.in.gov/indot/div/projects/LPASection/and is incorporated by reference;or 2. use a form of agreement that has been reviewed and approved by INDOT. • 4. The LPA agrees to provide all relevant documents including, but not limited to, all plans, specifications and special provisions, to INDOT for review and approval, and such approval will not be unreasonably withheld. If INDOT does not approve an LPA submittal, the LPA shall cause the submittal to be modified in order to secure INDOT's approval. The LPA understands that if it fails to provide a submittal, submits it late, or the submittal is not approvable, the schedule, cost, and federal funds for the Project may be jeopardized. • 5. The LPA agrees to 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 105 IAC 13. 6. At least sixty(60) calendar days prior to INDOT's scheduled construction letting for the project, the LPA will submit to INDOT documentation of the LPA's fiscal body's resolution or other official action irrevocably'committing the LPA to fund the LPA's cost of the Project as described in Attachment a Attachment B, Page 1 of 4 • Version 2-5-13 7. If the LPA has failed to meet any of the requirements of sections 1, 2, 4, 5, or 6 above, INDOT will not let the construction project. If INDOT, and FHWA where necessary, approve LPA's submittals, INDOT shall schedule the Project for letting at the next reasonable date, 8. The LPA shall pay the cost of the invoice of the construction,utility, and/or railroad work within thirty (30) calendar days from the date of INDOT's award of the construction contract. 9. The LPA understands time is of the essence regarding the Project timeline and payment of costs by the LPA. Delays in payment may cause substantial time delays and/or increased costs for the Project. If the LPA has not paid the full amount of the amount billed by INDOT, in accordance with Attachment D, within sixty(60)calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this contract including the contracts listed in II.A.1 of Attachment D and/or proceed in accordance with I.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of the Motor Vehicle Highway Account to INDOT's account. 10. The LPA shall also be responsible for all costs 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,and such approvals shall not be unreasonably withheld. 11. 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 and specifications and any special provisions or approved change orders. If, in INDOT's opinion, the services enumerated in this section are deemed to be incompetent or inadequate or are otherwise insufficient or if a dispute arises, INDOT shall, in its sole discretion, have the right to supplement the services or replace the engineers or inspectors providing these services at the sole expense of the LPA. A. If project inspection will be provided by LPA employees: The personnel must be. employees of the LPA. Temporary employment or retainage-based payments are not permissible. INDOT must pre-approve, in writing, the LPA's personnel. Oily costs incurred after INDOT's written notice to proceed to the LPA shall be eligible for federal-aid participation. All claims for federal-aid shall be submitted to the District office, referenced on Page 1, for payment. or B. If project inspection will be provided by the LPA's consultant: INDOT must approve, in writing, the consultant personnel prior to their assignment to the project. The LPA shall execute a contract with a consultant setting forth the scope of work and fees. The LPA shall submit this contract to INDOT prior to INDOT's construction letting for the Project. Only costs incurred after 1NDOT's written notice to proceed to the LPA and the LPA's written notice to proceed to the consultant shall be eligible for federal aid participation. All claims for federal-aid shall be submitted to the District office, referenced on page 1,for payment. Attachment B,Page 2 of 4 • Version 2-5-13 12. The LPA shall submit reports to INDOT regarding the project's progress and the performance of work per INDOT standard reporting methods. 13. 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 http://www.in.gov/indot/2376.htm). The LPA shall execute written use and occupancy contracts as defined in this Policy. 14. If FHWA or INDOT invokes sanctions per Section VI.D.2., or otherwise denies or withholds federal funds (hereinafter called a citation or cited funds) for any reason and for all or any part of the Project,the LPA agrees as follows: a. In the case of correctable noncompliance,the LPA shall make the corrections, to the satisfaction of FHWA and INDOT, in a reasonable amount of time. If the LPA fails to do so,paragraph 14.b. and/or 14.c.below,as applicable,shall apply. b. In case a citation for noncompliance is not correctable or if correctable and the LPA does not make any corrections, or if correctable and the LPA makes corrections that are not acceptable to FHWA and INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, this paragraph shall apply and adjustments shall be made as follows: 1. The LPA shall reimburse INDOT the total amount of all right-of-way costs that are subject to FHWA citation that have been paid by INDOT to the LPA. 2. If no right-of-way costs have as yet been paid by INDOT to the LPA or to others, INDOT will not pay any right-of-way claim or billing that is subject to PHWA citation. 3. The LPA agrees that it is not 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. c. If FHWA issues a citation denying or withholding all or any part of construction costs due 'to LPA noncompliance with right-of-way requirements, and construction work;was or is in progress,the following shall apply: 1. INDOT may elect to terminate, suspend, or continue construction work in accord with the provisions of the construction contract. 2. INDOT may elect to pay its obligations under the provisions of the construction contract. 3. In the case of correctable noncompliance, the LPA shall make the corrections in a reasonable amount of time to the satisfaction of FHWA and INDOT. Attachment B,Page 3 of 4 • Version 2-5-13 4. In case the noncompliance is not correctable, or if correctable and the LPA does not make any corrections, or if correctable and the EPA makes corrections that are not acceptable to FHWA or INDOT, or for whatever reason the FHWA citation continues in force beyond a reasonable amount of time, and construction work has been terminated or suspended,the LPA agrees to reimburse INDOT the full amount it paid for said construction work, less the amount of federal funds allowed by FHWA. d. In any case, the LPA shall reimburse INDOT the total cost of the Project, not eligible for federal participation. e. If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or any other entity through INDOT under the terms of this Contract, then the LPA shall repay to INDOT such sum or sums within forty-five (45) days after receipt of a billing 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 EPA. • • Attachment B, Page 4 of 4 1, • Version 2-5-13 ATTACHMENT C INDOT'S RIGHTS AND DUTIES In addition to any other rights and duties required by Indiana or federal law or regulations or described elsewhere in this Contract,the following are INDOT's rights and duties under the Contract: 1. INDOT shall have full authority and access to inspect and approve all plans, specifications and special provisions for the Project regardless of when those plans, specifications,special provisions or other such Project documents were created. 2. INDOT shall complete all railroad coordination for the Project on behalf of the LPA. 3. After the LPA has submitted and INDOT has accepted and/or approved all pre-letting documents, INDOT will prepare the Engineer's Estimate for construction of the Project. 4. If the LPA owes INDOT money which is more than 60 days past due, INDOT will not open the construction bids for the Project. 5, Not later than sixty (60) calendar days after receipt by INDOT of a certified copy of a resolution from the LPA's fiscal body authorizing the LPA to make payment to INDOT according to the terms of Attachment D, 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 a scheduled letting. 6. Subject to the LPA's written approval, INDOT shall award the construction contract for the Project according to applicable laws and rules. 7. Not later than seven (7);.calendar days after INDOT awards the construction contract described above, INDOT shall invoice the LPA for the LPA's share of the construction cost. 8. If INDOT has received the LPA's share of the Project construction cost and if the lowest 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 share of the construction cost, 9. INDOT shall have the right and opportunity to inspect any construction under this Contract to determine whether the construction is in conformance with the plans and specifications for the Project. 10. In the event the engineering, 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 a dispute arises, 1NDOT shall, in its sole discretion, have the right to supplement the engineering, testing, and inspection force or to replace engineers or inspectors employed in such work at the expense of the LPA. INDOT's engineers shall control the work the same as on other federal aid construction contracts. 11. After the final Project audit is approved by INDOT, the LPA shall, within forty-five(45) days after receipt of INDOT's bill, make final payment to INDOT pursuant to Attachment D or INDOT shall, within forty-five (45) days after approval of the audit, refund any Project,overpayment to the LPA, • • Attachment C,Page I of 1 Version 2-5-13 ATTACHMENT D PROJECT FUNDS Project Costs. A. If the Program shown on Attachment A is Group I or Group II, this contract is just for the one(1)phase checked below: Preliminary engineering or Right-of-way or Construction; otherwise this contract covers all phases. B. (I) If the Program shown on Attachment A is Group III, Group 1V,or Local Bridge, the LPA will not receive federal funds as the work is completed during the preliminary engineering and right-of-way phases; instead the LPA will accrue federal credits equal to 80% of eligible costs but not to exceed 10% of the final cost of the construction phase (construction and construction inspection) of the Project, provided the LPA complies with all federal and state laws, regulations and rules regarding such services, including consultant selection(s) and procurement of right-of-way, Federal funds, made available to the LPA by INDOT, will be used to pay 80% of the eligible Project construction cost. Accrued federal credits may be used to pay up to 10% of the final cost of the construction phase(construction and construction inspection)of the Project. The maximum amount of federal funds, including federal credits, allocated to the Project is$ OR (2) If the Program shown on Attachment A is receiving federal funds for all phases, federal funds made available to the LPA by INDOT, will be used to pay 80%of the eligible Project costs. The maximum amount of federal funds allocated to the Project is$ OR (3) If the Program shown on Attachment A is Transportation Enhancement (with federal credits), the LPA will- not receive federal funds as the work is completed during the preliminary engineering and right-of-way phases; instead the LPA will accrue federal credits equal to 80% of eligible costs but not to exceed 20% of the final cost of the construction phase (construction and construction inspection) of the Project, provided the LPA complies with all federal and state laws, regulations, and rules regarding such services, including consultant selection(s) and procurement of right-of-way. Federal funds, made available to the LPA by INDOT, will be used to pay 80% of the eligible Project construction cost. Accrued federal credits may be used to pay up to 20% of the final cost of the construction phase (construction and construction inspection) of the Project, The maximum amount of federal funds, including federal credits, allocated to the Project is$ OR . _. Attacinnent.D,Page .1. of 3 • Version 2-5-13 (4) If the Program shown on Attachment A is Safety, Safe Routes to Schools, Forest Highway, National Historic Covered Bridge, Transportation Community System Preservation, or Demonstration, federal funds, made available to the LPA by INDOT, will be used to pay 90 % of the eligible Project costs. The maximum amount of federal funds allocated to the Project is X $ L476,000.00. C, The LPA understands and agrees that federal reimbursement for construction inspection and testing construction materials is limited to: (1) 17% of the final construction cost if the final construction cost is less than or equal to$500,000;or (2) 15% of the final construction cost if the final construction cost is greater than$500,000. D. The remainder of the Project cost shall be borne by the LPA. For the avoidance of doubt, INDOT shall not pay for any costs relating to the Project unless the parties have agreed in a document (which specifically references section l.D of Attachment D of this contract)signed by an authorized representative of INDOT, the Indiana Department of Administration, State Budget Agency, and the Attorney General of Indiana. B. Costs will be eligible for FHWA participation provided that the costs: (1) Are for work performed for activities eligible under the section of title 23,U.S.C.,applicable to the class of funds used for the activities; (2) Are verifiable from INDOT's or the LPA's records; (3) Are necessary and reasonable for proper and efficient accomplishment of project objectives and meet the other criteria for allowable costs in the applicable cost principles cited in 49 CFRsection 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 the invoice within thirty (30) calendar days from date of INDOT's billing. 2. The LPA understands time is of the essence regarding the Project timeline and costs and delays in payment may cause substantial time delays and/or increased costs for the Project. . . Attachment-D, Page 2 of • • Version 2-5-13 3. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT shall be authorized to cancel all contracts relating to this Contract, including the contracts listed in IhA,I of Attachment D and/or proceed in accordance with 1.C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds from the LPA's allocation of the Motor Vehicle Highway Account to INDOT's account. B. Other Costs: 1. In accordance with LC, 8-23-2-14, the LPA shall pay INDOT the actual cost, plus INDOT's 2.5% overhead rate, less the amount eligible for Federal-aid reimbursement, for performing laboratory testing of materials, The cost of providing material testing is included in the maximum limitation number shown in section I.C. of Attachment D. 2. The LPA shall pay INDOT for expenses incurred in performing the final audit less the amount eligible for Federal-aid reimbursement. 3, The LPA shall pay INDOT for expenses incurred in supervising the Project out of the maximum limitation shown in section I.0 of Attachment D. III. Repayment Provisions. If for any reason, INDOT is required to repay to FHWA the sum or sums of federal funds paid to the LPA or on behalf of.the LPA under the terms of this Contract, then the LPA shall repay to INDOT such sum or suns,within'thirty (30) days after receipt of a billing from INDOT. If the LPA has not paid the full amount due within sixty (60) calendar days past the due date, INDOT may proceed in accordance with 1,C. 8-14-1-9 to compel the Auditor of the State of Indiana to make a mandatory transfer of funds for the LPA's allocation of the Motor Vehicle Highway Account to INDOT's account until the amount due has been repaid. • Attachment D,Page 3 of 3 . . • •